ajnrnpU IGam ^rlyonl IHibrary „_j« Cornell University Library KFJI 170.M12 1902 The clerk's assistant xontainlng a larg 3 1924 022 834 646 Cornell University Library The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924022834646 THE CLEEK'S ASSISTANT CONTAINING A LARGE VARIETT OF LEGAL FORMS AND INSTRUMENTS ADAPTED NOT ONLY TO COUNTY AND TOWN OFFICERS BUT TO THE WANTS OF PROFESSIONAL AND BUSINESS MEN THROUGHOUT THE UNITED STATES BY . ,j^ HENEY S.'McCALL, Professor of the Law of WiUs and Real Property in the Albany Law School. REVISED AND LARGELY REWRITTEN By H. B. BRADBURY. SIXTH EDITION. THE BANKS LAW PUBLISHING CO. 31 MuRKAT Street, New York. 1902. Copyright, 1872, BY V.'ILLIAJI GOULD & SONS. Copyright, 1884, BY WILLIAM GOULD & SONS. COI"YRI(iI!T, 1898, BY BANKS AND BROTHERS. Copyright, 1902, BY THE BANKS LAW PUBLISHING COMPANY. no PREFACE TO SIXTH EDITION. This edition of McCall's Clerks' Assistant is practical]}' a new- work. While no departure has been made from the general scheme of the earlier editions, much has been added, many chap- ters have been entirely rewritten, others have been amended, and some material has been ondtted. The cutting out of material on the ground that it had become obsolete has been sparingly done. In two instances, however, much space has been saved by ondtting material which was of little practical importance in a work of this character. The chapters on Election Law and Excise Law have been omitted, as the former is the subject of more elaborate treatment in a number of special works than could be given to it here. In the case of the Excise Law, the commissioner and deputy commissioners furnish official forms upon application, and a reproduction of them here was considered a iiseless wast-e of space, which was needed for more important subjects. While this edition was in process of revision, and after a num- ber of the earlier chapters had been stereotyped, the New York Legislature amended several of the statutes, forms for which are contained in this work. The forms were revised in the proofs to meet these amendments, and it is hoped that there are sub- stantially no omissions in this respect. Particular care has been taken with the chapter on Acknowledg- ments, and the statutes of the various States have been carefully examined. This chapter has been greatly enlarged. A number of new chapters will be found in this edition, which will make it of general utility throughout the country as well as a useful work for New York lawyers and business men in particular. The task of revising nearly all the statutory forms, after they had been once revised and were ready for the press, was so great that it would be too much to expect that no errors had crept in, but it is hoped and believed that there are not many. iii PREFACE TO THE FIRST EDITION. Every active business man has almost daily occasion to draw leases, assignments, or other papers, in the ordinary transaction of his duties. To draw these, without any form to direct, requires more time and attention than can be advantageously devoted to it; while the continued employing of an attorney tf) draw all such necessary papers becomes a burdensome tax and expense, requiring no small portion of the gains of a man in moderate business. The difficulty arises, not so much in framing that part of the contract or instrument which has immediate reference to the things to be done, as to the technical language used in the less formal parts of the instrument, such as at the beginning and close. For this purpose, it becomes important to have at hand a work, ample and complete in the many various forms, correctly framed to stand the test of litigation if need be, as well as embracing such practical information of elementary legal principles as will guide to a correct understanding of ordi- nary rights and duties, without resorting to professional aid. The object of this work is to satisfy the wants of the com- munity in this respect, and furnish a valuable guide and assistant to men of active pursuits, in all the various departments of life. The lawyer will find it a ready hand-book of precedents to that class of papers and instruments which lie out of the strict forms embraced in actions and suits at law, while the magistrate and county and town officer will find in it forms adapted to their varied wants and necessities; and the merchant, the mechanic, the farmer, and man of business vnU welcome it as a reliable guide and director in the discharge of such public duties as ma\' devolve upon them, as well as in the transaction of their indi- vidual concerns. r ^1 PKEJPACE TO THE FIRST EDITION. Although the work has in it several chapters adapted to specific statutes of the State of New York, yet it will be found, in nearly all of its numerous pages, well suited to the wants of all of the Eastern, Middle and Western States, as particular atten- tion has been paid to providing all the most needed forms for every State in the Union. The kind favor with which the author's previous works have been received by the profession to which he belongs, leads him to hope that he has, in the present work, accomplished something that \vill be of great aid and assistance, not only to the lawyer, but to business men of every class and condition. Albany, November, 1860. CONTENTS CHAPTKK I. Page. Abstract of title 1 CHAPTEE II. Acknowledgment and proof of instruments to be recorded 5 CHAPTER III. Adoption of minors 95 CHAPTEE IV. Affidavits 105 CHAPTER V. Apprentices :ind servants lOfi CHAPTER VI. Arbitration and award 12:-i CHAPTEE VII. Assignments 134 CHAPTER VIII. Assignments for the benefit of creditors 146 CHAPTER IX. Auctions 173 CHAPTEE X. Banltruptcy j 178 CHAPTER XI. Banks 234 CHAPTEE XII. Bills and notes 241 CHAPTER XIII. Bills of lading 251 CHAPTEE XIV. Bills of sale 259 CHAPTEE XV. Boards of health 262 CHAPTEE XVI. Bonds 272 vii V"l CONTENTS. CHAPTER XVII. P*Se. Chattel mortgages ^^ CHAPTER XVIII. Clerks and criers 295 CHAPTER XIX. Contracts and agreements ^^^ CHAPTER XX. Conveyances by deed and mortgage 324 CHAPTER XXI. Corporations .■ ■■ 431 CHAPTER XXII. Coroners 52.3 CHAPTER XXIII. County laws 535 CHAPTER XXIV. Covenants 565 CHAPTER XXV. Debtor and creditor 572 CHAPTER XXVI. Dower 576 CHAPTER XXVII. Extradition 582 CHAPTER XXVIII. Pecs of officers 596 CHAPTER XXIX. Penceviewers 616 CHAPTER XXX. Perries 626 CHAPTER XXXI. Gifts 630 CHAPTER XXXII. Guaranties g31 CHAPTER XXXIII. Guardian and ward 633 CHAPTER XXXIV. Highways ggj CONTENTS. IX CHAPTER XXXV. Page. Homesteads 696 CHAPTER XXXVI. HusbanJ and wife 609 CHAPTER XXXVII. Insurance 707 CHAPTER XXXVIII. Justices' Courts In New York 722 CHAPTER XXXIX. Landlord and tenant 847 CHAPTER XL. Letters of credit 90G CHAPTER XLI. Licenses 911 CHAPTER XLII. Mechanics' liens 012 CHAPTER XLIII. Naturalization 915 CHAPTER XLIV. Notaries public 023 CHAPTER XLV. Notices 923 CHAPTER XLVI. Partnership 924 CHAPTER XLVII. Patents 940 CHAPTER XLVHL Pensions U63 CHAPTER XLIX. Flankroads 1007 CHAPTER L. Poor laws ■ 1013 CHAPTER LI. Powers of attorney 1068 CHAPTER LII. Receipt and release 1078 A CONTENTS. CHAPTKE mi. ^^Se. Schools 1085 CHAPTER LIV. Seiirches 1102 CHAPTER LV. Ships and vessels HO* CHAPTER LVI. .Stamp tax 1108 CHAPTER LVII. Strays 1111 CHAPTER LVIII. Subscription papers 1114 CHAPTER HX. Taxes 1117 CHAPTER LX. Town Law 1129 CHAPTER LXI. Trademarks 115B CHAPTER LXII. Trusts 1161 CHAPTER LXriI. ITndertalcings 1163 CHAPl'ER LXIV. Wills 1164 ERRATA Corporations: Certificate of reorganization upon sale of corporate property and franchises; page 447, form No. 13, should recite that of those who executed it at least two-thirds are citizens of the United States, and at least one is a resident of the State of New York instead " a majority of whom are residents of the State of New York." (L. 1901, c. 354.) Annual report, page 518, form No. 67, should be executed by an officer of the corporation instead of by three directors. (L. 1901, c. 354.) BRADBURY'S MeCALL'S CLERK'S ASSISTANT. CHAPTEE I. ABSTRACT OF TITLE.i An abstract of title is a statement, usually in chronological order, of the various instruments affecting the title to real estate, with a brief description of each document, such as its date, the names of the grantors, grantees, mort- gagors, mortgagees, etc., the consideration, the place where, and the time when, recorded, a description of the property conveyed, and any other information which the abstractor deems necessary in passing upon the validity of the title. The abstract should show, for example, whether or not each instrument was acknowledged, or the signature was proved by subscribing witnesses, and if acknowledged before an officer without the State in which the land conveyed is situated, the name and title of the officer. Also where a married woman is the grantor or one of the grantors, note should be made as to whether or not particular statutory requirements relating to separate acknowledgments have been followed. Where the title has passed through a foreclosure or other suit, the date in each step in the action should be noted and each proceeding de- scribed with such definitencss that any lawyer can determine its validity from an examination of the abstract. Proceedings in Surrogates' Courts should likewise be particularly described, as they often prove to be the most trouble- some and raise the most difficult questions with which attorneys have to deal, in real estate transactions. In making an abstract, attorneys frequently are compelled to seek informa- tion not contained in any record. It is often necessary to prove the relation- ship of parties interested in the property, and to show many other facts, the nonexistence of which would make the title defective. The usual way is to show such facts by the affidavits of persons who would be competent witnesses to prove, in court, the facts as to which they depose, and attach their affidavits to the abstract. In short, it should be a complete epitome of each instru- ment in the chain of title, together with written proof of the facts which are necessary to the validity of the title, and which do not appear of record. While it should be concise it is better to err on the side of prolixity than of brevity. Counsel must determine for themselves how far back they will go in begin- ^ The general rule in this country Is, I creasing the expense of searching, an nb- belleve, that the proposed grantor Is un- stract of title to the premises, the ab- der no legal obligation to furnish an ab- stract becomes a part of security for the stract to the proposed purchaser, al- loan, and the mortgagor Is not entitled though this Is frequently done in actual to the possession of it until the mort- practice. gage Is paid. (Sup. Ct., Gen. T., 2d Dep., But where the owner of land, about to 1871.) Holm t. Wust, 11 Abb. Pr. (N. S.) execute a mortgage, delivers to the mort- 113. ' gagee's attorney, for the purpose of de- ^ CLEKK S ASSISTANT. ning the search, as this question depends upon a variety of circumstances; for example, the period of limitation, both as to adverse possession and the various statutory liens, not forgetting the very important modification of statutes of limitation, effected by the possibility of incompetents, such as in- fants, lunatics, idiots, etc., having an interest in the property. If not started with the original grantor, such as the United States, for example, it is usual to prefix the statement that " it is assumed John Smith had good title." After a complete chain of title has been made, official or other searches should be secured, showing liens, such as judgments, taxes, water rates, mechanics liens, and the like. The above remarks are necessarily very general and cover only some of the more important and general features of an abstract. The document should begin with the name of the person whose title is to be examined, and a de- scription of the property. It should also contain a map or diagram of the land, if possible. After this, the form will almost suggest itself. For example : Abstract of the Title of John Smith to the Eollowing Described Property. (Description and map.? No. 1. John Doe (Single), to Richard Roe. Full Gov. and War. Deed. Dated Mar. 27, 1840. Consideration $1, and other good and valuable. Recorded in office of clerk (or re- corder) of Yates county. Liber 4 of Conveyances (or Deeds), (or Mort- gages), at page 99, etc., on Mar. 27, 1840. Acknowledged before James Smith, justice of the peace (or notary public) on day of date. Grantor described in instrument as unmarried. Conveys land described above with other property. No. 2. Richard Roe and his wife Margaret Roe, to Samuel Jones. Mortgage, dated Mar. 30, 1841. Amount $2,500. Due, 5 years from date. Interest 6 per cent. Recorded, etc. (as above). Covers same property last above described. This mortgage was foreclosed; see No. 3, below. ABSTEACT OF TITLE. No. 3. SUPREME COURT, County. Samuel Jones, Plaintiff. agt. Richard Roe and Margaret Roe, his wife. Defendants. Action to foreclose mortgage mentioned at No. 2. 1846. July 25. Summons and complaint served on both defendants and notice of lis pendens filed and recorded in office of clerk of county in book, etc. ( Follow witl* a complete history of the suit. ) 2 The closing of the abstract should be in something like the following form: I hereby certify that the instruments mentioned in the foregoing seventy (70) pages are all those of record, which ailect the property described on page one ( 1 ) of this abstract, and that , at present, is the owner in fee of the said property, subject to the incumbrances mentioned on pages . . . . , . . . . , and . . . . , of this abstract and shown by documents numbered . . . . , . . . . , and And I further certify, I am of opinion that said can convey good title to the same, subject to said incumbrances.3 Bated, (Signature of counsel.) ' For the Importance of this subject, see Byrnes t. Palmer, 18 App. Dlv. 1. ■ In general an attorney " is liable for the consequences of Ignorance or nonob- servance of care In the preparation of the case for trial, or of attendance thereon with his witnesses; and for the mismanagement of so much of the con- duct of the case as is usually and or- dinarily allotted to his department of the profession, whilst, on the other hand, he Is not liable for errors in judgment upon points of new occurrence, or of nice or doubtful construction, or of such as are usually Intrusted to men In the higher branch of the profession of the law." Bowman v. Tallman, 3 Abb. Ct. App. Dec. 182, 184, note. " It is undoubtedly true that an attor- ney is only bound to exercise the or- dinary reasonable skill and knowledge of his profession, and is not liable for every error of Judgment or opinion as to the law." Byrnes v. Palmer, 18 App. Dlv. 1, 4. " An attorney Is also liable to his client for the consequences of his negligence and Ignorance In matters not In litigation • • * and particularly the searching the title of property offered to his client for purchase, or as security for u loan." 2 S. & R. on Neg., § 574. " It is also true that the same rule that applies to the liability of an attor- ney in the conduct of a litigation Is ap- plicable to his liability in examining titles. He Is certainly not a guarantor that the titles to which he certifies are perfect. He Is only liable for negligence or misconduct In their examination. But In determining the question of negligence on the part of an attorney In examining * CLERK S ASSISTANT. (If there are two chains of title, finally ending in a common grantee, each chain should be taken up separately, and such cross-references made on the abstract as will readily show the fact. Frequently, in such eases, a diagram, showing the two chains with a reference, by number, to the various instru- ments in the abstract, will be found a great aid. The following form, for example, might be used in a comparatively simple case. Each number repre- sents an instrument of conveyance in the abstract, and the lines between show a title, It Is necessary to bear In mind the marked difference between proper conduct In that employment and in a litigation. In a litigation a lawyer Is well warranted in taking chances. To some extent litigation is a game of chance. The conduct of a lawsuit involves ques- tions of Judgment and discretion as to which even the most distinguished mem. bers of the profession may differ. They often present subtle and doubtful ques- tions of law. If in such eases u lawyer errs on a question not elementary or con- clusively settled by authority, that error is one of judgment for which he is not liable. But passing titles, as a rule. Is of an entirely different nature." Byrnes v. Palmer, 18 App. Dlv. 1, 4. Where an attorney by an error failed to discover prior mortgages and advised his client that he was securing a first mortgage on real estate, the attorney is liable to his client for the sum the latter necessarily pays to discharge the prior Incumbrances. Fay y. McGuire, 20 App. Dlv. 569. An attorney who falls, through negli- gence, to discover a lien on property upon which his client takes a mortgage, is liable for the difference In the value of the security caused thereby, even though It has not been shown that, on foreclosure or collection of the mortgage, the mortgagee would not realize the full amount due. La wall v. Groman, 180 Pa. St. 532; 37 Atl. Bep. 98. It Is the duty of a conveyancer to see that his client obtains a marketable title, and to reject titles involved in doubt, unless the client is fully Informed of the nature of the risk and is willing to ac- cept it. Byrnes V. Palmer, 18 App. Dlv. 1. An attorney, or professional convey- £(ncer, though not found to be accurately acquainted with the whole law. Is liable to his client for mistaken advice, given In ignorance of a recent act of the legisla- ture, for he Is bound to know the public statutes of his State. (N. Y. Surr. Ct., 1866.) A. B.'s Estate, 1 Tuck. 247. " No attorney is bound to know ail the law; God forbid that it should be imagined that an attorney or a counsel, or even a judge, is bound to know all the law; or that an attorney is to lose his fair recompense on account of an error, being such an error as a cautious man might fall into." Montrlou v. Jeflerys, 2 Carr. & P. 113. " Every person who enters Into a learned profession undertakes to bring to the exercise of it a reasonable and proper degree of care and skill. He does not undertake, if he Is an attorney, that at all events you shall gain your case, nor does a surgeon undertake that he will perform a cure; nor does he under- take to use the highest possible degree of skill. There may be persons who have a higher education and greater advantages than he has, but he undertakes to bring a fair, reasonable, and competent degree of skill." Lanphire v. Phipos, 8 Carr. & P. 475. Reasonable diligence and skill consti- tute the measure of an attorney's duty to his client; he Is not liable for loss occa- sioned by an honest mistake as to the law, when It Is at all In doubt. Garr v. Hughes (Tenn.), 35 S. W. Rep. 1092. A failure to succeed in a lawsuit is not prima facie evidence of negligence or want of proper skill of an attorney; and when a client refuses to pay an at- torney's bill on the ground of his negli- gence or want of skill, the client Is to show affirmatively such negligence or want of skill. (Sup. Ct., Gen. T., 3d Dep., 1878.) Seymour v. Cagger, 13 Hun, 29. An attorney is liable for failure to file for record a bond and mortgage. (N. Y. Com. PI., 1870.) Arnold v. Robertson, 3 Daly, 298. See article on " Duty and Liability of Attorney to Client," 45 Cent. Law J. 131. ACKNOWLEDGMENTS. the eourae of the various conveyances, the entire title eventually going to one who conveyed by instrument No. 7.) Original title Tax Title CHAPTEK -n. ACKNOWLEDGMENT AND PROOF OF INSTRUMENTS TO BE RECORDED. Acknowledgment Proper. An acknowledgment, technically, is an admission or declaration, before a public officer, duly qualified to receive it, of the execution of a particular in- strument.! The term is also frequently applied to the certificate of the offi- ^ The proof by subscribing witnesses Indorsed on, or attached to, an instrument Is sometimes termed an acknowledgment, as noted hereafter. Thus: " The term acknowledge and acknowledgment, when used with reference to the execution of an instrument or writing other than a deed of real property, includes a compli- CLEKK S ASSISTANT. cer taking the declaration or admission, and which is indorsed on, or securely attached to,2 the document concerning which the acknowledgment is made. The reasons for the acknowledgment of deeds and other instruments convey- ing, or otherwise affecting, real property, is to entitle them to be recorded un- der the recording acts of the various States, or to be read in evidence without further proof of the execution thereof, and in some cases to give validity to the instruments themselves. The effect of a faulty acknowledgment is, generally, to make the recording a nullity, so that those who subsequently deal with the property are not affected by the constructive notice* which the recording of a. properly acknowledgedB instrument gives to all the world, or to make the in- strument incompetent evidence until further proof of execution is furnished. ance with the provisions of this section by either such proof or acknowledg- ment." N. Y. Stat. Constr. Law, S 15; L. 1892, c. 677. ' Where the statute* requires the certifi- cate to be '* Indorsed upon " the Instru- ment It must not be on a separate sheet attached thereto. Thurman v. Cameron, 24 Wend. 87; Wlnler v. Hlggins, 9 Ohio St. 599. " A Listory of the subject of acknowl- edgments In New York will be found In Van Cortlandt v. Tozer, 17 Wend. 338. •Stehlln V. Gelding, 15 St. Rep. 815; Irving V. Campbell, 121 N. Y. 353; Morris v. Keyes, 1 Hill, 540; Clark v. Nixon, 5 Hill, 36; Graves v. Graves, 6 Gray (72 Mass.), 391; De Witt v. Moul- ton, 17 Me. 418; Carter v. Champion, 8 Conn. 548; Dussaume v. Burnett, 5 Iowa, 95; Galpln v. Abbott, 6 Mich. 17; Ely v. Wilcox, 20 Wis. 523; Bishop v. Schneider, 46 Mo. 472; Brydon v. Campbell, 40 Md. 331; Simpson v. Montgomery, 25 Ark. 365; Pringle v. Dunn, 37 Wis. 449; Bass v. Estill, 50 Miss. 300; Wlllard v. Cramer, 36 Iowa, 22; Wood v. Cochrane, 39 Vt. 544; Abney v. Ohio Lumber & Mining Co., 32 S. E. Rep. 256 (W. Va.); Iron Belt Bldg. & L. Assn. v. Groves, 31 S. E. Rep. 23. *' If not duly acknowledged, It is not properly on record, aad If not properly there, it Is not constructive notice." Arm- strong V. Combs, 15 App. Div. (N. Y.) 246, 250; Lee v. Murphy (Cal.), 51 Pac. Rep. 549; Id. 955. The substance of the statutory require- ment Is sufficient; the exact words are not necessary In a certificate of acknowl- edgment. Hughes V. Powers (Tenn.), 42 S. W. Rep. 1. " Our courts have not been strict in re- quiring a very close adherence to the words of the statute in certificates of acknowledgment of deeds and mortgages, lest It might Involve much litigation and tend to disturb and unsettle titles. They have been disposed to take some things for granted which did not appear, and to allow what seemed to have grown Into a usage or settled practice of judges and other officers authorized to perform this duty to have great weight in giving ettect to and fixing the construction of the statute; and where there has been a sub- stantial compliance with Its form It has been held sufficient." Merlam v. Har- sen, 4 Edw. Ch. 70, 75. Substantial compliance with the stat- ute Is sufficient. Carpenter v. Dexter, S Wall. 513; Merlam v. Harsen, 2 Barb. Ch. 232; Kenneday v. Price, 57 Miss. 771; Martin v. Davidson, 3 Bush, 572; Deery V. Cray, 5 Wall. 807; Sharpe v. Orme, 61 Ala. 263; Vance v. Schuyler, 6 111. 160; Wiley V. Bean, 6 111. 302; Davar v. Card- well, 27 Ind. 478; Hartshorn v. Dawson, 79 111. 108; Tubbs v. Gatewood, 26 Ark. 128; Miller v. Wentworth, 82 Pa. SI. 280; Wells v. Atkinson, 24 Minn. 161; Scharfenburg v. Bishop, 35 Iowa, 60; Nelson v. Graff, 44 Mich. 433. The facts should be stated, not that the acknowledgment was " according to law." Bryan v. Ramirez, 8 Cal. 461; Pendleton v. Button, 3 Conn. 406; Short v. Coulee, 28 111. 219; Miller v. Link, 2 Thomp. & C. (N. Y.) 86; Gallaway t. Fash, 50 Mo. 420; Smith v. Garden, 28 Wis. 685. Clerical Inadvertencies, such as the use of the word " the " for " they " and the omission of the word " It " at the end of a clause stating that a married woman did not wish to retract " It " (her conveyance), do not Invalidate the acknowledgment. Montgomery v. Horn- berger (Tex. Civ. App.), 40 S, W. Rep. 628. ' A substantial compliance with the re- quirements of the statutes relative to the acknowledgment of deeds, Is suffi- cient; It Is not necessary that the certifi- cate should follow the precise words of the statute. Merlam v. Harsen, 2 Barb. Ch. 232; 4 Edw. Ch. 70; Sheldon T. Strykcr, 42 Barb. 284; 27 How. Pr. 887. ACKNOWLEDGMENTS. 7 The theory of an acknowledgment is that the signature and seal of the officer taking it are always susceptible of proof, from the records, whereas, if the instrument is witnessed merely, by a private person, it may be as difficult to prove the signature of the witness as it would be that of the principal party to the deed, or other instrument. The officer taking the acknowledgment is elected, or appointed, by higher authority, and, in either event, the fact of his being a public officer is a matter of record.* His original signature is invariably attached to his oath of office, and may, therefore, be compared with the one appearing on a particular instrument, at the foot of a certificate of acknowledgment. Where the two signatures appear to be the same, and the certificate is in the proper form, a strong presumption is raised, which can only be overthrown by very satisfactory proof, that the particular instrument was acknowledged before the officer whose name appears thereon. It should be observed that acknowledgment is not, by any means, a feature peculiar to deeds and other instruments to be recorded. Many other written contracts are frequently acknowledged. In fact, it is the universal custom among careful attorneys to have all important agreements acknowledged. The reason for this (and this applies as well to deeds and instruments to be re- corded) is, that a properly acknowledged instrument, whether a deed or other agreement, is, generally speaking, self-proving. That is, it may be admitted in evidence without further proof of its execution than is contained on its face. Thus is avoided the necessity of proving the handwriting of the maker or witnesses of a properly acknowledged instrument. It is sometimes necessary to get a proper authentication that the officer who takes the acknowledgment is what he holds himself out to be, and that he has power, under the law from which he derives his authority, to take ac- knowledgments. Usually, the statutes provide that the signature and seal of an officer invested with power to take acknowledgments, is sufficient, without further authentication, in all courts within the political subdivision for which the officer is appointed. When, however, it is taken by an officer without that subdivision, to be used or recorded within it, ordinarily it is requisite to have an authentication of the official character of the officer himself. This is se- cured by a certificate under the hand and official seal of the appointing power, or the hand and official seal of an officer having the custody of the instrument of appointment, or certificate of election, and. in the latter case, almost uni- versally an officer of a court of record, certifying that the officer whose name appears on the original certificate is such officer, that he is familiar with the handwritin" of the officer, or that he has compared the signature on file in his office w.Lh that on the original certificate and believes the latter to be genuine, with a, statement that the officer taking the acknowledgment is au- thorized, under the laws of the State of his appointment, to take the acknowl- edgment or proof of instruments to be recorded in the State where he acts. There is another class of officers, appointed by a particular State to act in A certificate of acknowledgment should fulness, the Instrument Is valid between be so construed as, If possible, to make the parties If susceptible of common-law It effective to preserve the rights of the proof. Watson v. Campbell, 28 Barb, parties. Claflln v. Smith, 35 Hun, 372: 421. 15 Abb. N. C. 241. " A deed executed by a county Judge Acknowledgment taken by the notary In his offlctal capacity requires no cer- over a telephone upheld. Banning v. tlflcate of acknowledgment to entitle t Banning, 13 Am. St. R. 156; 80 Cal. 271. to be recorded In his county. Chamber- A deed, though defectively acknowl- Iain v. Taylor, 36 Hun, 24, 38; attd., 10 edged, will pass the grantor's title N. Y. 185. against every one except a bona flde pur- A tax deed executed by a probate chaser. Fryer y. Rockefeller, 63 N. Y. Judge must be acknowledged In accord- 268. ance with Alabama Code, § 593, to pass Notwithstanding a certificate of ac- title. Jackson v. KIrksey, 110 Ala. 547. knowledgment may be void for untruth- 8 OLEEK S ASSISTANT. other states, and known generally under the title of " CommissionerB of deeds." Thus a commissioner of deeds for New York, in New Jersey, has power, in the district in the latter State for which he was appointed, to take acknowl- edgments and proof of deeds to be recorded in New York. Sometimes, under the law of a particular State, it is not necessary to have any further authentica- tion of the authority of the commissioner to take the acknowledgment than the officer's own signature and his official seal. In other cases, it is requisite to have a further certificate from the appointing power, usually the governor, or secretary of State, certifying as to the appointment, the term of office, with a statement, either directly or from necessary inference, that such term had not expired at the time the particular acknowledgment was taken, together with a statement as to the genuineness of the signature of the officer. In foreign countries, certain officials are, by the statutes of the various States, made competent to take acknowledgments, and whether or not further authentica- tion than that furnished by the signature and seal of such officer is neces- sary, depends upon the law of the particular State where the instrument is to be recorded or read in evidence. Proof of Execution. In addition to technical acknowledgment, a deed or other instrument may be " proved," so as to be entitled to be recorded or read in evidence in most of the States, but in some this can only be done in case of the death or absence of the grantor, or if he is present, of his refusal to acknowledge the instru- ment in the regular way. The usual method of proving an instrument is by the subscribing witnesses appearing before the officer and swearing that they saw the grantor sign the instrument, or that he acknowledged to them that he signed or executed it. Identification of Grantor. As a general rule, the officer is presumed to he personally acquainted with the person whose acknowledgment he takes, and if not so acquainted, the iden- tity of the grantor should be proved by a witness. How this acquaintance may be brought about is not entirely clear from the adjudicated cases, but, gen- erally speaking, an introduction^ by a reputable person, known to the officer, ' An oflBcer Is authorized to take an the Instrument was " known to me to acknowledgment on the parties being In- be," etc., or other words Importing that troduced to him by a mutual acquaint- such person was personally known to the ance; It Is Immaterial how he acquires officer, or that his identity was proved, a knowledge of their Identity, so that is Insufficient. Sethlin v. Gelding, 15 his conscience Is .satisfied. Wood v. St. Hep. 814; Miller v. Link, 2 Thomp. & Bach, 54 Barb. 134, revg. 48 Barb. 568. C. 86. If a wife be Introduced to the officer Where an officer was not personally by her husband, In the presence of her acquainted with three out of five grant- brother, both of whom are known to the ors and received no sworn evidence as to officer, there Is sufficient ground for his their identity — held, that the acknowl- certlflcate as to the Identity of the edgment was fatally defective. Tread- grantor. Rexford v. Kexford, 7 Lans. 6. well v. Sackett, 50 Barb. 440. It Is generally necessary In most of the Omission to state that the grantors States for the certificate to show that were known to the officer, or that they the grantor was known to the officer, were Informed of the contents of the Miller v. Link, 2 Thomp. & C. (N. Y.) 86; deed, or that they signed it voluntarily. Fryer v. Rockefeller, 63 N. Y. 268; Mur- In the certificate of acknowledgment, phy v. Williamson, 85 111. 149; McMlnn v. renders It Invalid. Davidson v. Alabama O'Connor, 27 Cal. 238; Todd v. Jones, Iron & .S. Co., 109 Ala. 383; 19 So. 390. 22 Iowa, 146; Kelly v. Calhoun. 95 U. S. The certificate must show either that 710; Bnrbank v. Ellis, 7 Neb. 156; Tread- the grantor was known to the officer or well V. Sackett, 50 Barb. 440. that he had satisfactory evidence of her A certificate of acknowledgment whieli identity; recitals that a married woman does not state that the person executing appeared, was the same person who ACKNOWLEDGMENTS. \f is sufficient, although that method has been very harshly criticised by at least one ease in New York.s In many States, certifying to the acknowledgment of a person who does not in fact make it, is a serious penal offense ;» as in New York, where certifying falsely to an acknowledgment constitutes the crime of forgery in the first degree, punishable by a long term of imprisonment. Territorial Jurisdiction of Officer. An officer authorized to take acknowledgments can only act within the ter- ritory to which he is appointed. In some States notaries public are appointed and empowered to act anywhere in the State.io In others, they can only act in the county to which they were appointed," or, in some instances, in ad- ditional counties, where they have filed a certified copy of their appointment executed the instrument, and was the wife of the one who signed with her. are insufflcient. Beltel v. Wagner, 11 Tex. ClT. App. 365; 32 S. W. Rep. 366. As to knowledge of officer of Identity of parties see also Culbertson v. H. Wltbeck Co., 127 U. S. 327; Schley v. Pullman Palace Car Co., 120 Id. 575; Wil- son V. Qulgley, 107 Mo. 98; Warder v. Henry, 117 Id. 530; Schleicher ,-. Gatlin, 85 Tex. 270; Gregory v. Kenyon, 34 Neb, 640; MUner v. Nelson, 86 Iowa, 452; 19 L. R. A. 279. A certificate that the persons acknowl- edging the execution were known to the officer " to be the persons who executed the " deed, is sufficient. West Poini Iron Co. V. Reymert, 45 N. T. 703. A witness who is not acquainted with the grantor's handwriting cannot prove the deed by comparing the signature on the deed by other writing purporting to be that of the grantor. Jackson v. Phil- lips, 9 Cow. 94, 112. Where the proof by a witness as to acknowledgment does not state that the witness knew the persons who executed the deed, but merely that " he saw the grantors sign the same," it Is insufflcient. Jackson v. Osborn, 2 Wend. 555. Failure to state that the person certi- fied as executing an instrument was " the person described in and who executed the foregoing instrument " makes the certificate ineffectual to entitle the in- strument to be introduced in evidence without further proof of execution. God- dard v. Schmoll, 24 Misc. 381; 53 Supp. 402. A certificate that the grantor was known to the officer, but which failed to add that the officer knew him to be the person described in and who executed the deed, was held good on the ground that it was sanctioned by general use. Jackson v. Gumaer, 2 Cow. 552. A certificate which states that the offi- cer knew those who made the acknowl edgment to be the persons described in the deed Is sufficient without a state ment that they are the ones who " exe- cuted " the deed. Hunt v. Johnson, 1 N. Y. 279. Under old statute. ' Bidwell V. Sullivan, 17 App. Dlv. 629. See concurring opinion of Van Brunt, P. J., page 630; and see also same case reported, 4 N. Y. Ann. Cas. 161; 45 Supp. 530. • A notary's certificate of acknowledg- ment may be impeached by parol evi- dence. Cheney v. Nathan, 110 Ala. 254; 20 So. 99. Parol evidence is admissible to show that an acknowledgment was taken at a place other than appears by the venue of the certificate. Rogers v. Pell, 47 App. Dlv. 240; 62 Supp. 92. It would require very clear proof to hold that an officer had falsely certlfiert that the execution of a deed had been acknowledged before him. Willis v. Al- bertson, 20 Abb. N. C. 263. A notary who makes a certificate of acknowledgment, which is false because he was unacquainted with the person ap- pearing before him who was not. In fact, the grantor, Is liable to the grantee for the damages. State ex rel. Covenant Mutual Life Ins. Co. v. Balmer, 77 Mo. App. 463. See also Overacre v. Blake. 82 Cal. 77; 22 Pac. Rep, 979; Heldt v. Minor, 113 Cal. 385; 45 Pac. Rep. 700; People V. Colby, 39 Mich. 456; State v. Meyer, 2 Mo. App. 413; State v. Rylan ' 72 Mo. App. 468; Lesser v. Wunder, S Daly, 70. i" Maxwell v. Hartman, 8 N. W. Rep. 363. " WiUard v. Cramer, 36 Iowa, 22. 10 CLEEK S ASSISTANT. and oath of office. Their acts, without such territorial limits, are void, but may be, and frequently are, made regular by a subsequent act of the legislature. Necessity of Acknowledgment. An acknowledgment is not necessary ,12 as a general rule, to pass title, as be- tween the parties and their privies, to the land described in a deed. In some States, however, a deed is absolutely void without an acknowledgment. Where there are several grantors to a deed, they should all acknowledge it. An ac- knowledgment by one of two or more is perhaps sufficient to entitle the instru- ment to be recorded, but such a practice might raise serious questions and would be extremely dangerous. Erasures cmd Interlineations. Erasures and interlineations in the instrument, if not noted immediately before the names of the subscribing witnesses or before the name of the grantor, should be noted by the officer in the certificate of acknowledgment. Amending Certificate. The decisions on the power of the officer to alter or amend the certificate of acknowledgment are not uniform. In those States where the act of the offi- cer is held to be ministerial and not judicial, the general rule is that amend- ments may be made to correct a faulty certificate, provided the rights of third parties are not prejudiced thereby.i3 " In New York a deed of assignment for the benefit of creditors Is void with- out a proper acknowledgment. Rogers t. Pell, 154 N. Y. 518; 49 N. E. Rep. 75; Hardman v. Bowen, 39 N. Y. 196; Brit- ton T. Lorenz, 45 N. Y. 51. See also cases cited in Rogers v. Pell (supra), at p. 529. One subscribing witness at least is necessary to an unacknowledged deed to make it available against purchasers or incumbrancers. (1857.) Genter v. Morrison, 31 Barb. 155. " A faulty certificate may be amended by the notary, even after the death of the party, if the rights of third parties have not intervened. Camp v. Buxton, 34 Hun, 511. Mistakes in certificates may be cor- rected by the notary at any time when rights of third parties are not preju- diced. Westhafer v. Patterson, 16 Am. St. R. 330; 120 Ind. 459. Contra, Grif- fith v. Ventress, 24 Am. St. R. 918; 91 Ala. 366, where it was held that the offi- cer taking an acknowledgment acts ju- dicially and he has no power to change the certificate without a new acknowl- edgment. See also Note on power of officer to correct certificate of acknowledgment, 24 Am. St. R. 926. An amendment may be made, it seems, to a certificate which falls to show a separate examination of a married woman, when that is necessary. Co- operative Sav. & L. Assn. v. Green (Idaho), 51 Pac. Rep. 770. Or may be corrected by an action when the ac- knowledgment was In fact properly taken. Bunnell & Eno, etc., Co. v. Curtis (Idaho), 51 Pac. Rep. 767. Parol evidence may be Introduced to correct a defective certificate of ac- knowledgment attached to an assignment for the benefit of creditors. Claflin v. Smith, 35 Hun, 372; 15 Abb. N. C. 241. But a substantial defect in the cer- tificate cannot be cured by parol, nor reformed in equity. Willis v. Gattman, 53 Miss. 721. A defective certificate of acknowledg- ment does not preclude common-law evi- dence of execution. Borst v. Empie, 5 N. Y. 33. Where an acknowledgment Is essential to the validity of a conveyance a defec- tive certificate cannot be cured by parol. Leftwich v. Neal, 7 W. Va. 569; McClure V. McClurg, 53 Mo. 173; McKeliar v. Peck, 39 Tex. 381. A seal may be subsequently affixed where the officer has failed to do so at the time of the acknowledgment. Mc- Keliar V. Peck, 39 Tex. 381. An acknowledgment taken before an officer who was disqualified cannot be re- ACKNOWLEDGMENTS. 11 Officer Interested in Transaction. The general rule is that a grantee or other person interested in a transac- tion concerning which an instrument is executed and acknowledged, is incom- petent to take the acknowledgment, and his act in doing so would be void.i^ formed or corrected. Bexar BIdg. & Loan Assn. v. Heady (Tex.), 50 S. W. Rep. 1079. An officer, after taking an acknowledg- ment and delivering the certificate to the grantee, cannot subsequently amend bis certificate or make a new one In the ab- sence of a reacknowledgment. Durham V. Stephenson (Fla.), 25 So. Rep. 284 " An acknowledgment of a mortgage before the mortgagee Is Invalid, and the record of the mortgage Is not construc- tive notice. Lee v. Murphy (Cal.), 51 Pac. Rep. 549; rehearing denied, 51 Pac. Rep. 955. An acknowledgment of an assignment of a bond taken before one of the as- signees as a notary Is a nullity. Arm- strong V. Combs, 15 App. Dlv. 246; 4 N. Y. Ann. Cas. 155; 44 Supp. 171. An acknowledgment before the grantee as the officer taking the ackuowledgmcr Is a nullity. Groesbeck v. Seeley, 13 Mich. 330; Laprad v. Sherwood, 79 Mich. 520; Hammers v. Dole, 61 111. 307; Wil- son V. Traer & Co., 20 Iowa, 231; City Bank of Boone v. Radtke, 87 Iowa, 363; Hubble V. Wright, 23 Ind. 322; Bowden V. Parrlsh, 86 Va. 68; Wasson v. Connor, 54 Miss. 351; Hogans v. Carruth, 18 Fla. 587. That an acknowledgment of a dec; conveying to each of several grantees a separate and defined Interest was taken by one of the grantees does not aflfedt the validity of the acknowledgment as to the other grantees. Murray v. Tulare Irrlg. Co. (Cal.), 49 Pac. Rep. 563. A stockholder In a building association who Is also interested personally In a transaction by which a Hen Is created li\ favor of the association Is disquallfleil from taking an acknowledgment by a married woman to an Instrument pur- porting to • create such Hen. Miles v, Kelley (Tex. Civ. App.), 40 S. W. Rep. 599. A notary who Is a stockholder In a building and loan association Is dlsguall- fled to take the acknowledgment of a contract with the association. Bexar BIdg. & L. Assn. v. Heady (Tex.), 50 S. W. Rep. 1079. A stockholder and director of a com- pany obtaining a Hen on a homestead Is not qualified to take the acknowledg- ment to the contract creating the Hen. Workman's Mut. Aid Assn. v. Monroe (Tex.), 53 S. W. Rep. 1029. An attorney and director of a loan as- sociation Is not Incompetent to take an acknowledgment of a deed of trust se- curing a loan to a shareholder of the association. (Tenn. Ch. App.) Home BIdg. & L. Assn. v. Evans, 53 S. W. Rep. 1104. Where the deed was executed nom- inally to the notary's brother, but In reality to himself, held, that he was In- competent to act. Cardinal v. Bolleau (Canada), 11 C. S. 431. A grantee Is disqualified from acting as a witness or taking an acknowledg- ment to an Instrument conveying land, on the ground of public policy. Amlck v. Woodworth, 39 Ohio L. J. 338; 50 N. E. Rep. 437. A bank clerk who Is not a stockholder may properly take an acknowledgment of a deed to the bank. Wachonla Nat. Bk. v. Ireland. 21) S. E. Rep. 835. A cashier of a bank who Is not a stock- holder Is not disqualified to take an ac- knowledgment to a mortgage given to the bank. Bank of Woodland v. Ober- haus (Cal.), 57 Pac. Rep. 1070. An acknowledgment of a deed cannot be taken by a grantee, although the con- veyance Is to him as trustee. Bowden V. Parrlsh, 19 Am. St. R. 873; 86 Va. 67. That a notary Is a stockholder In a corporation does not disqualify him from taking the acknowledgment of Its officers to a corporate deed. Horton v. Colum- bian BIdg., etc., Soc, 6 Weekly Clnn. Law Bui. 141. But one Interested In the subject-mat- ter of the Instrument or conveyance I disqualified from taking the acknowl- edgment. Brown v. Moore, 38 Tex. 64r Sample v. Irwin, 45 Tex. 567. Recording a trust deed acknowledged before one of three trustees named therein Is not constructive notice to sub- sequent judgment creditors, and this though the officer taking the acknowledg- ment did not know he was named as a trustee, and on learning It refused to serve. Iron Beit BIdg. & L. Assn. v. Groves, 31 S. E. Rep. 23. 12 CLEBK S ASSISTANT. But mere relationship to one of the parties does not incapacitate the oflfieer.iB Venue. It Is important that the certificate should show on its face that it was made within the territorial jurisdiction of the officer taking the proof or acknowl- edgment, or usually it will be defective.18 Separate Acknowledgment hy Married Women. Where statutes require a separate or additional acknowledgment by married women, they should be carefully followed, otherwise there is serious danger in many cases that the entire instrument will be declared void.iT '» Eelatlonshlp to the parties does not disqualify an oflBcer from taking an ac- knowledgment. Bemington Paper Co. v. O'Dougherty, 81 N. Y. 474; Lynch v. Liv- ingston, 6 N. Y. 422; McAllister v. Pur- cell (N. C), 32 S. E. Rep. 715. ^^ An officer will be presumed to have taken an acknowledgment of a deed within the limits of his jurisdiction. People V. Snyder, 41 N. Y. 397. Every acknowledgment should show on its face that it was taken within the jurisdiction of the officer who certifies it. Where the venue indicated that the ac- knowledgment was taken in the "city and county of New York," and the cer- tificate was subscribed by a master in chancery in " New Jersey," and evidence was admitted showing that the acknowl- edgment was in fact taken in New Jer- sey — Heidi that a question of fact was raised for the determination of the court or jury. Rogers v. Pell, 154 N. Y. 518; 49 N. E. Rep. 75. The venue is Important, and if 1. cannot be determined from the certifi- cate of acknowledgment, or of authenti- cation where the acknowledgment was taken, it is defective. Brooks v. Chaplin, 3 Vt. 281; Angler v. Schietfellen, 72 Pa. St. 106; Hardin v. Kirk, 49 111. 153; Har- din V. Osborne, 60 111. 93; Chinlquy y. Catholic Bishop of Chicago, 41 111. 148: Bradley v. West, 60 Mo. 33; Blythe v. Houston, 46 Tex. 65. The court will judicially notice that a town where an acknowledgment was taken was within the bounds of a county for which a justice of the peace was ap- pointed or elected. Gilbert v. National Cash Reg. Co., 67 111. App. 606. A notary public cannot take an ac- knowledgment outside of his county. Mutual Ins. Co. v. Corey, 54 Hun, 493; 27 St. Eep. 608. It has been held that the effect of rec- ord as notice to subsequent mortgagees cannot be invalidated by proof that the officer took the acknowledgment outside his Jurisdiction, if the certificate be regu- lar on its face. Heilbrun v. Hammond, 13 Hui/, 474. An assignment of a debt, under seal, may be acknowledged abroad before a United States consul. Mitander v. Son- neborn, 29 Hun, 407. A power of attorney may be acknowl- edged before a vice-consul of the United States. Brown v. Landon, 98 N. Y. 634, atcg. 30 Hun, 57. Effect of omitting venue, see Babcock '. Kuntzsch, 85 Hun, 33; State v. Bin- ning, 3 S. Dak. 492; Barhydt v. Alex- ander, 59 Mo. App. 188; Sullivan v. Hall (Mich.), 13 L. R. A. 556, and note. " McLeran v. Benton, 43 Cal. 467 Laldley v. Knight, 23 W. Va. 735; Bunch V. Shannon, 46 Miss. 525; Thayer v. Tor- rey, 8 Vroom (N. J. Law), 339; Dennis t. Tarpenny, 20 Barb. 371; Deery v. Cray, 5 Wall. 795; Norton v. Meader, 4 Sawy. 603; Stlllwell v. Adams, 29 Ark. 346 Kavanaugh v. Day, 10 R. I. £93; Canal & Dock Co. V. Russell, 68 111. 426; Linn v. Patton, 10 W. Va. 187; Ward v. Mcln tosh, 12 Ohio St. 231. Objection that there is no separate ac- knowledgment by a married woman can only be taken by her or those claiming under her. Deiafleld v. Brady, 38 Hun, 404; afld., 108 N. Y. 524. Under the Montana statute (Comp. Stat., 1887, § 323, div. 1) a mortgage on a homestead is void if there Is a substan- tial defect In the acknowledgment by the wife. Am. Sav. & L. Assn. v. Burg- hardt (Mont), 48 Pac. Rep. 391. Where a building contract purports on its face to have been made by both hus- band and wife It is void until acknowl- edged by the wife. Gllbough v. Stall' Bldg. Co. (Tex. Civ. App.), 41 S. W. Rep. 535. A substantial compliance with the ACKNOWLEDGMENTS. 13 Corporations. It frequently happens that States which prescribe the form of acknowledg- ment for natural persons, have no enactment as to corporate acknowledgments. It is usually almost impossible to follow literally a form for an individual in taking the acknowledgment of the officers of corporations, and careful at- torneys usually insert everything required by the statute, with reference to natural persons, with an additional statement that the officers acknowledged the execution of the instrument as the act and deed of the corporation naming it.18 statute as to the separate acknowledg- ment of a married woman Is all that Is necessary. Pickens v. Knisely, 6 Am. St. E. 622; 29 W. Va. 1. A certificate of an ofBcer to a married woman's deed that " she acknowledged the same freely and willingly," Is not a substantial compliance with a statute re- quiring such certificate to state that she " acknowledged such Instrument to be her act and deed, and declared that she had willingly signed the same." Hay- den T. Moffatt, 15 Am. St. E. 866; T4 Tex. 647. A conveyance of a homestead Is abso- lutely void unless acknowledged by both husband and wife. Horbach v. Tyrrell, 48 Neb. B14; 67 N. W. 485. See Note on sufficiency of married woman's acknowledgment, 6 Am. St. R. 642, 643. "' As to acknowledgment by corpora- tion In absence of statute prescribing form, see Kelly v. Calhoun, 95 U. S. 710; Howe Mach. Co. v. Avery, 16 Hun, 555. Prior to the time that the form of corporate acknowledgments was fixed by statute In New York, the following was held sufficient In Hunter v. Hudson Elver Iron & Mach. Co., 20 Barb. 493. " State of New York, County of Wash- ington, SB. — On this 5th day of June, 1854, before me personally came Simeon Mears, treasurer of the Hudson River Iron and Machine Company, to me known, who, being by me duly sworn, did depose and say that he resides In the village of Fort Edward, in said county; that he is treasurer of the Hudson River Iron and Machine Company; that the said company Is a corporation, but has no particular corporate seal; that he signed his name to the within and affixed the seal (his private seal) thereto by the order and resolution of the trustees of said corporation, duly made and given In writing, and that the same was executed by him as such treasurer, for the pur- poses therein mentioned." In Jackson v. Gumaer (2 Cow. 552), the following certificate was held suffi- cient: " Onondaga County, ss.— On the second day of March, 1816, before me, Jacob R. De Witt, one of the Judges of the Court of Common Pleas In and for the county of Onondaga, came De Witt Eose, to me known, and acknowledged that he exe- cuted the above deed of mortgage, for the uses and purposes therein men- tioned. I having examined the same, do allow It to be registered and recorded." The decision In the above case was ap- parently made with some reluctance, the court remarking at p. 567; "The Judge certified that the grantor was knotcn to h'm but does not add that he knew him to be tlie person d'Scri ed in and who execultd th*i deed. Were we called on to establish a form for such certifi- cate, I should certainly be for Inserting that the grantor was known to the judge, or other officer taking the acknowledg- ment, to be the person described In the deed. • • • The form used In this case has been In very general use and the practice In this respect may amount to a construction of the act." Similar acknowledgments were held good In Troup v. Halght, Hopk. Ch. 239; Duval V. Covenhoven, 4 Wend. 561. See also West Point Iron Co. v. Eeymert, 45 N. Y. 703. But after the adoption of the Eevlsed Statutes In New York the foregoing cases were overruled, and It Is now necessary to state In the certificate that the per- son making the acknowledgment Is known to the officer to be the person de- scribed In and who executed the within or annexed Instrument. Fryer v. Eocke- feller, 63 N. Y. 268; Irving v. Campbell, 121 N. Y. 353. 8ubscrLbi7}g Wttnesa to Corporate Acknowl- edgm&iii. The following was held sufficient In Trustees of Canandarqua Academy v. McKechnle (90 N. Y. 618): 14 oleek's assistant. FORMS IN THIS CHAPTER. NEW YORK AND GENERAL FORMS: No. Page. One or more grantors known to officer (short form) ,,» 1 19 One or more grantors known to officer (long form) ..■■....• 3 30 A grantor identified by a witness 8 21 Two persons, one known and one identified 4 21 Subscribing witness known to the officer 6 22 Witness not known by identified ■ S 2S Proof when the grantor and witness are dead , 7 93 Husband and wife known to officer 8 24 Two husbands and their wives 9 Hi Wife in separate certificate 10 25 Husband and wife identified by witness 11 25 Husband known and wife identified 12 ii Subscribing witness of a deed, executed by husband and wife IS 28 Witness identified in case similar to the last 14 26 Sheriff, referee, or receiver 15 27 Under-sheriff in name of sheriff 16 27 Person conveying by power of attorney 17 27 Administrator, executor, or trustee 18 27 Corporation. 19 28 One partner for a firm 20 29 Certificate of county clerk to be annexed to certificate of the officer taking the acknowledgment when it is to be used in another State 21 29 Petition for a subpoena to compel subscribing witness to prove the execution of a conveyance 38 29 Subpoena for a subscribing witness to appear and testify 2S 30 Proof of service of subpoena 24 31 Warrant of arrest 95 31 Commitment of witness refusing to testify 26 31 Oath to be administered to the subscribing witness m 32 Oath to be administered to a person identifying the parties of the subscribing witness to a conveyance , 26 83 " Ontario County, ss. — On the 24th foregoing mortgage or deed of trust as day of April, 1828, before me, a commls- the party of the first part thereto, who, sloner of said county to take the ac- being by me duly sworn, did depose and knowledgment of deeds, etc., comes Mar' say that he resided In the village of A.. H. Sibley, to me known to be the sub- N. Y. ; that he Is the secretary of the scribing witness to the foregoing deed, A. F. & M. Co., Llm., and knows the and who, being by me duly sworn, de- corporate seal thereof; that the seal on poses that he knows John Greig, the the foregoing mortgage or deed of trust person described in, and who has exe- is the corporate seal of said company cuted said deed, and that he saw the said and was affixed thereto by the order of John Gregg execute the same, and that the board of directors of said company, the seal thereto affixed Is the seal of the and especially authorized by the stock- Ontario Female Seminary." holders of the company In meeting duly The following corporate acknowledg- assembled, and that he signed his name ment was held sufficient In Pruyne v. thereto by like order as secretary of said Adams Furniture Co. (92 Hun, 214 company. And deponent further says [1895]), before the form of such acknowl- that he Is acquainted with D. A. D. and edgments was prescribed by statute: knows him to be the president of said "State of New York, County of Jef- company; that the signature of said D. ferson, ss.— On this 22d day of August, A. D. subscribed to the foregoing mort- 1889, before me personally came J. S., gage or deed of trust Is In the genuine to me known, and known to me to be the handwriting of said D. and was thereto secretary of the A. F. & M. Co., Llm., subscribed by like order of said board of of the village of A., New York, the cor- directors In the presence of this de- poratlon mentioned and described In the ponent." ACKNOWLEDGMENTS. 15 NEW YORK AND GENERAL FORMS — Contmtted. No. Page. Affirmation to be administered to an affiant SB 32 Affidavit to a deponent sworn wcth the uplifted hand 80 S3 Affidavit of a deponent sworn on the Gospels 81 38 Satisfaction of mortgage 83 S3 Certificate of satisfaction written on a mortgage , . 38 38 Satisfaction of a judgment entered in a court of record acknowledged by the attorney 84 84 Satisfaction by a plaintiff of a judgment in a court of record 88 34 Satisfaction of a judgment of a justices' court after the same has been docket d in the office of the county clerk 36 35 Certificate of county clerk that judgment has been satisfied 87 38 ALABAMA: Acknowledgment 88 86 proof of probate by witness 89 87 separate acknowledgment by wife to convey homestead 40 37 ARIZONA: Acknowledgment 41 86 separate acknowledgment by wife to convey homestead 42 39 proof by witness 48 39 ARKANSAS: Grantor known to officer 44 40 Another form for husband and wife 46 41 Proof by subscribing witness 48 41 of handwriting where grantor and witness dead..,* 47 42 CALIFORNIA: Acknowledgment 48 43 corporation 49 43 attorney in fact 60 43 proof by subscribing witness 61 43 of handwriting where grantor and witness dead, cannot be found, ref uae to tes'.if y, ete 62 44 COLORADO: Acknowledgment 68 44 CONNECTICUT: Acknowledgment corporation 66 DELAWARE: Acknowledgment corporation DISTRICT OF COLUMBIA: Acknowledgment 68 married woman FLORIDA: Acknowledgment married woman proof by subscribing wltneu GEORGIA: Acknowledgment married woman • IDAHO: Acknowledgment married woman corporation attorney in fact 68 52 64 45 66 4S 66 48 67 46 68 47 69 47 60 48 61 48 62 49 63 .',0 64 50 66 51 66 61 67 52 16 olekk's assistant. ILLINOIS: ^°- P"ee. Ackaowledgment *" ^' corporation ^ ^ INDIANA: Acknowledgment ''^ ** INDIAN TERRITORY: Acknowledgment • ..••• 7* 54 IOWA: Ackn wledt^ment 73 55 attorney in fact 74 55 corporation or joint-stock association 75 5< certificate of authentication, etc 76 56 KANSAS: Acknowledgment i 57 KENTUCKY: Acknowledgment 77 57 LOUISIANA: Acknowledgment 78 59 husband and wife 79 59 subscribing witness 80 60 MAINE: Acknowledgment 81 61 MARYLAND: Acknowledgment 82 61 MASSACHUSETTS: Acknowledgment 83 62 attorney in fact 84 63 oorp ration or joint-stock association 85 63 certificate of authentication 86 63 MICHIGAN 64 MISSISSIPPI: Acknowledgment 87 65 proof by subscribing witness 88 06 MONTANA; Acknowledgment 69 67 corporation 90 67 attorney ia fact 91 67 NEBRASKA: Acloiowledgment 93 68 NEVADA: Acknowledgment 93 69 grantor identified by witness 94 69 husband and wife 95 69 NEW HAMPSHIRE 70 NEW JERSEY: Acknowledgment , 90 71 proof by subscribing witness 97 71 NEW MEXICO 72 NORTH CAROLINA: Acknowledgment by husband and wife 98 '3 certificate of correctness of acknowledgment 99 73 certificate of authentication jOq 73 by corporation jq^ 14 another form jg> 71 ACKNOWLEDGMENTS. 17 NORTH DAKOTA: No. Page. Acknowledgment , 108 75 corporation 104 75 attorney in tact 105 76 deputy sheriff 106 76 OHIO 76 OKLAHOMA TERRITOEY: Aclniowledgnient 107 77 corporation ,.. 108 77 OREGON: Acknowledgnaent , . , 100 79 PENNSYLVANIA: Acknowledgment , , 110 79 RHODE ISLAND 80 SOUTH OAROLINA: Pro. f by subscribing witness Ill 81 Acknowledgment , 112 81 SOUTH DAKOTA: Acknowledgment 113 81 by corporation 114 82 attorney in fact , 116 82 TENNESSEE: ■ Acknowledgment 116 83 proof cf subscribing witness 117 84 ezamiDaLion of wife before special commission US'* 84 report of commissioner 119 84 by husband and wife 120 85 TEXAS: Acknowledgment 121 85 proof by subscribing witness 123 85 by married women 133 86 UTAH: Acknowledgment 124 86 corporation 135 87 proof by subscribing witness 126 87 VERMONT 88 VIRGINIA: Acknowledgment 127 88 before commissioner 128 89 by corporation 129 89 WASHINGTON: Acknowledgment ISO 89 WEST VIRGINIA: Acknowledgment 131 90 husband and wife 183 91 corporation 133 91 WISCONSIN: Acknowledgment 134 92 WYOMING: Acknowledgment 135 93 ENGLAND: Acknowledgment to deed, power of attorney or other instrument 186 98 2 J » CLEKK S ASSISTANT. New Yobk and General Fobms. The following forms are for New York and general use in the absence of special statutory provisions.18 In New York, conveyances and all other instruments required to be acknowl- edged, may be acknowledged or proved before the following officers: In the State: Justice of the Supreme Court, judge, clerk, deputy clerk, special deputy clerk of a court, notary public, mayor, or recorder of city, jus- tice of the peace, surrogate, special surrogate, special county judge, or com- missioner of deeds. (Real Prop. Law [L. 1896, e. 547], § 248.) Out of State and in U. S.:!iO Before judge of Supreme Court, Circuit Court of Appeals, Circuit Court, or District Court of the United States; judge of Supreme, Superior, or Circuit Court of a State; mayor of city; commissioner appointed for the purpose by the governor of the State ; any officer of a State, authorized by the laws thereof to take the acknowledgment or proof of deeds to be recorded therein. (Id., § 249.) Out of the U. 8.: Before an ambassador, a minister plenipotentiary, minister extraordinary, minister resident, or chargg des af- faires of the United States, residing and accredited within the country ; a con- sul-general, vice-consul-general, deputy-consul-general, vice-consul or deputy- consul, a consular or vice-consular agent, or a consul or commercial or vice- " A large collection of precedents Is join or attach to the original certificate here given, which will be found use- a certificate under his band, and tf he ful where no special form is prescribed bas, pursuant to law, an official seal, by statute In a particular State. They under such seal. Except when the orlg- are placed first In the list because that Inal certificate Is made by a judge of a Is the position they have always occu- court of record in Canada, snch certifi- pled In this work, and, also, for facility cate of authentication must specify that, In reference, where It is found necessary, at the time of taking the acknowledg- er convenient, In saving space for a ment or proof, the officer taking it was greater variety of forms, to refer to duly authorized to take the same; that these rather than repeat in another place the authenticating officer is acquainted the exact wording here found. with the former's handwriting, or has " " In the following cases a certlfl- compared the signature to the original cate of acknowledgment or proof Is not certificate with that deposited in his entitled to be read In evidence or re- office by such officer; and that he verily corded unless authenticated by the fol- believes the signature to the original lowing officers, respectively: certificate is genuine; and if the original " Where the original certificate of ac- certificate is required to be under seal, knowledgment or proof is made by a he must also certify that he has com- commissioner appointed by the governor, pared the Impression of the seal affixed by the secretary of State. thereto with the Impression of the seal " Where made by a Judge of a court of the officer who took the acknowledg- of record in Canada, by the clerk of the ment or proof deposited in his office, and court. that he verily believes the impression " Where made by the officer of a State of the seal upon the original certificate of the United States, or of the Dominion is genuine. A clerk's certificate au- of Canada authorized by the laws thereof thentlcating a certificate of acknowledg- to take the acknowledgment or proof of ment or proof, taken before a judge of deeds to be recorded therein, by the a court of record in Canada, must specify secretary of state of the State, or the that there is such a court; that the judge clerk, register, recorder, or prothonotary before whom the acknowledgment of of the county In which the officer mak- proof was taken, was, when it was taken, Ing the original certificate resided, when a judge thereof; that such court has a the certificate was made, or by the clerk seal; that the officer authenticating is of any court of that county, having by clerk thereof; that he is well acquainted law a seal." Real Prop. Law, § 260. with the handwriting of such judge, and " An officer authenticating a certificate verily believes his signature Is genuine." of acknowledgment or proof must sab- Id., § 261. ACKNOWLEDGMENTS. 19 commercial agent of the United States, residing within the country; a commis- sioner appointed for the purpose by the governor, and acting within his own jurisdiction; a person specially authorized for that purpose by a commission, under the seal of the Supreme Court, issued to a reputable person, residing in or going to the country where the acknowledgment or proof is so to be taken ; within the Dominion of Canada, it may also be made before any judge of a court of record; or before any officer of such Dominion authorized by the laws thereof to take the acknowledgment or proof of deeds to be recorded therein; within the United Kingdom of Great Britain and Ireland, or the dominions thereunto belonging, it may also be made before the mayor, provost, or other chief magistrate of a city or town therein. (Id., § 250.) No. 1. By One or IlCore Grantors Known to Ofla.cer — Short Porm. STATE OF NEW YORK, County of , City [or Town] of2l On this day of , 19 ... , personally appeared before me A. B. ( and CD.) ( severally ) known to me,22 and to me known to be the ( sev- eral) person (s) described in {or, one of the persons described in) and who (severally) executed the foregoing instrument and (severally) acknowledged that he (they severally) executed the same. (Signature and title of oflScer.) " Where the execution of a convey- ance of real property within this State is acknowledged or proved according to the laws of any other State of the United States, and a certificate of the acltnowl- edgment or proof, signed by the officer taking it, is annexed to or indorsed upon the instrument, if such officer and the grantor or mortgagor be dead, and the death of all of them be proved by affi- davit, sworn to in such State before an officer authorized by its laws to admin- ister an oath therein, the conveyance, with the affidavit or affidavits annexed thereto, on being authenticated as re- quired by this section, may be read in evidence and recorded In the same man- ner, and with like effect, as if the con- veyance was acknowledged or proved and certified as required by the laws of this State. To entitle such conveyance and affidavits to be read in evidence, or re- corded, a certificate of the clerk, re- corder, register, or prothonotary of the county in which the deceased officer re- sided, authenticating his signature, and also certifying that the conveyance is acknowledged or proved In all respects, as required by the laws of such S^ate, must be annexed to the original certifi- cate; and a like certificate of such clerk, recorder, register, or prothonotary, au- thenticating the signature of the of- ficer, before whom the affidavits proving the deaths were taken, must be annexed to such affidavits. The affidavits, on being recorded, are presumptive evidence of the matters of fact required to be stated therein." Id., § 262. 21 Where a commissioner of deeds for a city, or other local officer, who Is ap- pointed for a city or town, takes the acknowledgment, this statement in the venue is essential and should not be omitted. When taken by a commissioner appointed by the governor this must also be stated in the certificate. Thus: " Where the acknowledgment or proof is taken by a commissioner appointed by the governor, for a city or county within the United States, and without the State, the certificate must also state the day on which, and the town and county or the city In which the same was taken." Real Prop. Law (L. 1896, c. 547), § 256. Doubtless the statement of these facts In the venue as in the above form Is sufficient. See Form No. 2 and notes. '^ " An acknowledgment must not be taken by any officer unless he knows, or has satisfactory evidence, that the per- son making It is the person described 20 CLERK S ASSISTANT. No. 2. By One or More Grantors Known to Officer — Long Forni.23 STATE OF NEW YORK, County of • City [or Town] of24 On this day of , 19. . ., before me (officer's name)25 a (officer's official title) duly appointed and commissioned in and for the (city of ) county of and State of , residing therein, personally appeared A. B. (and C. D.) (severally) personally known to me and to me known to be the (several) person (s) described in and who executed the foregoing (above, or, annexed) instrument (or, deed, or, conveyance) and he (they severally) acknowledged that he (they severally) executed the same freely as his (their) voluntary act and deed for the uses and purposes therein mentioned. In witness whereof I have hereunto set my hand and official seal on the date in this certificate first above written. (notarial seal.) 26 (Signature and title of officer.) in -and who executed such instrument." Real Prop. Law (L. 1896, c. 547), § 252. The words " known to me," preceding the clause " to me known to be the per- son," etc., are sometimes omitted, but it is the better practice to include them in proper cases, as they imply a personal acquaintance with the grantor. -^ Whenever it is necessary to take an acknowledgment of an instrument in one State to be used in another, and no par- ticular form is prescribed by the statutes of such other State, the above will usually be found sufficient. ^' See Form No. 1 and notes thereto. ^= The official character of the officer should appear either in the body of the certificate or the subscription. John- ston V. Haines, 2 Ohio, 278; McCormick V. Evans, 33 111. 327; Texas Land Co. v, Williams, 51 Tex. Dexter. 8 Wall. bl3; gan, 104 U. S. 562; Guire, 14 Kan. 234; 18 Mich. 218. And the officer's title should be cor- rectly set forth; as " Commissioner of de«ds for the State of Alabama, to re- side at the city of Cincinnati." Keller y. Moore, 51 Ala. 340. See Sparrow v. Hovey, 41 Mich. 708; Merchants' Bank y. Harrison, 39 Mo. 433. 51 ; Carpenter v. El wood v. Flanni- McCauslln v. Mc- Final V. Backus, Unsigned certificate of acknowledg- ment is void, although it is attested by the notary's seal. Clark v. Wilson, 11 Am. St. R. 143; 127 III. 449. The officer's name in the body of the certificate has been held to be a suffi- cient signature where the officer failed to sign it at the end. Fisk v. Hopping, 169 111. 105; 48 N. B. Rep. 323. '"' It is much the better practice to invariably use a seal where the instru- ment is going without the State where it is acknowledged. In fact it is re- quisite that the certificate be under the hand and seal of the officer, to be valid in New York, when taken without the State, before certain officers. Thus it is provided in the Real Prop. Law (L. 1896, c. 547), § 257: " Where a certifi- cate of acknowledgment or proof is made by a commissioner appointed by the gov- ernor, or by the mayor or other chief magistrate of a city or town without the United States, or by a minister, charge des affaires, consul-general, vice-consul- general, deputy-consul-general. Vice-con- sul or deputy-consul, consular or vice- consular agent, or consul or commercial or vice-commercial agent of the United States, it must be under his seal of office, or the seal of the consulate to which he is attached. All acknowledgments or proofs of deeds, mortgages, or other In- STATE OF NEW YORK, County, ACKNOWLEDGMENTS. 21 No. 3. By a Grantor Identified by a Witness. j. ss. ; On this day of , 19. . ., before me personally came the above-named G. H., the grantor named in the foregoing instrument, and acknowledged that he had executed the foregoing instrument for the uses and purposes therein mentioned; and at the same time before me came A. B., to me known, who being by me duly sworn did say, that he resided in the town of , county aforesaid; that he knew the said G. H., the person appearing before me and making said acknowledgment, to be the indi- vidual described in and who executed the said instrument; which to me is satisfactory evidence thereof.^T (Signature and title of officer.) No. 4. By Two Persons, One Known and One Identified. STATE OF NEW YORK, > County, j On this day of , 19 ... , before me personally came L. M. and N. 0., and severally acknowledged that they had executed the foregoing instrument; and I certify that I am personally acquainted with said L. M. and he is to me known to be one of the persons described in and who executed the foregoing instrument; and at the same time appeared before me R. H., to me personally known, who being by me duly sworn did say, that he resides in the city and county of Albany, and that he knew the said N. 0. to be one of the persons described in and who executed the foregoing instrument, which is to me satisfactory evidence thereof. (Signature and title of officer.) struments relating to real property, the acknowledgment when the statute re- certlflcates of which were made In the quires an officer to authenticate all form required by the laws of this State, his official acts by a seal. Geary v. City by a consul-general, vice-consul-general, of Kansas, 6 Mo. 378; Peck v, MtKellar, deputy-consul-general, vice-consul, dep- 33 Tex. 234; Mason v. Brocks, 12 111. nty-consul, consular agent, vice-consular 273. agent, consul or commercial agent or " If the certificate show that a wit- vice-commercial agent of the United ness was examined as to the Identity of States prior to the first day of April, the parties, it need not state that thp eighteen hundred and nlnety-slx, are con- officer had satisfactory evidence thereof, firmed." Rltter v. Worth, 58 N. Y. 627, revg. 1 A seal Is essential to the validity of an Thomp. & C. 406. 22 CLEEK S ASSISTANT. No. 5. By a Subecribing Wltmees Kno-wn to the OfBoer.28 STATE OF NEW YORK, ) County, ) On thia day of , 19. . ., before me came E. F., personally known to me and to me kno>wn to be the subscribing -witness within named, who, being by me sworn, did depose and say, that he resides in the town of Nassau, county aforesaid, that he knows G. H., the grantor within named, knows him to be the grantor who is described in and who executed the within instrument, that he was present and saw the said -G. H. execute the same, and that he acknowledged to him the said (name of witness) that he, the said grantor, executed the same, and that he, the said (witness), thereupon sub- scribed his name as a witness thereto. (Signature and title of officer.) ^ " Where the execution of a convey- ance is proved by e subscribing witness, such witness must state his own place of residence, and tbat he knew the per- son described in and wbo executed the conveyance. The proof must not be taken unless the ofiBcer is personally acquainted with such witness, or has satisfactory evidence that he is the same person who was a subscribing witness to the conveyance." Real Prop. Law, § 253. " An officer taking the acknowledg- ment or proof of a conveyance must in- dorse thereupon, or attach thereto, a cer- tificate, signed by himself, stating al. the matters required to be done, known or proved on the taking of such acknowl- edgment or proof; together with the name and substance of the testimony of each witness examined before him, and if a subscribing witness, his place of residence." Id., § 255. Where a deed is not acknowledged prior to dglivery. It must have, at least, one attesting witness, to make It avail- able against a purchaser or incum- brancer. Genter v. Morrison, 31 Barb. 155. A witness who proves a deed before a commissioner must state that he was present at the execution thereof. Nor- man V. Wells, 17 \^end. 136. A certificate of probate must state that the person who testified to the act of execution was a subscribing witness. Glllett V. Stanley, 1 Hill, 121. A probate stating that the witness " testified that he saw the within grantor sign the same," without adding that he knew him, is insufficient. Jackson v. Os- born, 2 Wend. 555; Gould v. Gould, 7 Wend. 364; Glllett v. Stanley, 1 Hill, 12L Certificate, on proof of acknowledg- ment by subscribing witness, must state his residence. Irving r. Campbell, 121 N. Y. 353; 41 St. Rep. 307. Fact that he was well-known and respected citizen does not change rule. Id. Formerly the rnle seems to have been that it was unnecessary for the certifi- cate of probate to state that the officer knew the witness; that it would be pre- sumed he had satisfactory evidence ot his identity. Wood v. Harrow, 11 Johns. 434; Parker v. Phillips, 9 Cow. 94; Kel- logg V. Vlckory, 1 Wend. 406; Bradstree* V. Clarke, 12 Wend. 602; Maxwell v. Chapman, 8 Barb. 579. But these cases are apparently nullified by the provisions of the foregoing section (253). , Proof of execution is not destroyed by the fact that there are two probates in- dorsed on the deed, both by the same witness, one of which states that he and the other subscribing witness signed as witnesses, and the , other, that he signed the name of the other subscrib- ing witness, at his request; the credit of the witness Is for the Jury, and also whether the officer had not made a mis- take in the form of the first certificate. Boyd V. Lewis, 13 Johns. 504. Where " deed appeared to have been proven by the affidavit of a subscribing witness, made ten years after its execu- tion, it was held, that if at that time the witness was incompetent by reason of mental Imbecility, the deed was inad- missible until otherwise proTed. McKay AOKNOWXEDGMBNTS. 23 No. 6. B7 Wdtniesa not Known but Identified, Btc. STATE OF NEW YORK, ) ^^ . County of , ) On this day of , 19. . ., before me came E. B., who, being by me duly sworn, did depose and say, that he resides at , in the county of ; that he knew L. M., within named, knew him to be the person described in, and who executed the within instrument; that he saw the said L. M. execute the same, and that thereupon he subscribed his name thereto as a subscribing witness; and at the same time before me came L. S., to me personally known, who, being by me duly sworn, did say, that he resides in , in the county of , and that he knows the said R. B. to be the same person who was a subscribing witness to the within conveyance, which is to me satisfactory evidence thereof. (iSignature and title of officer.) No. 7. Proof of the Execution of a Beied wheu the Subscribing Witnesses^e are Dead. STATE OF NEW YORK, ) ^^ . County of , ) I hereby certify on the day of , 19. . ., before me came B. B., to me known, and to iwhom the foregoing deed was by me at that time shown, and the said B. B., being by me duly sworn, did depose and say, that he resided in the town of , in said county, and that he was well v. Lasher, 121 N. Y. 477, affg. 50 Hun, tion." Jackson i. Phillips, 9 Cow. 94, 383; 42 Hun, 270. 113. Certiflcation by the officer that a wit- In another case It Is said that aeknowl- ness testified that he saw G. W., the edgment by the grantor to a witness person described as the grantor In the who did not actually see him sign the deed, execute the same, without a state- deed is Insufficient. But this was a ment that the witness knew G. W., held, dictum, the court refusing to consider insufficient. Jackson v. Gould, 7 Wend, this objection to the deed, as It was not 364. specific enough. Norman v. Weils, IT " The certificate of acknowledgment Wend. 136, 141. upon the lease from Yost to Barnes Is ^ " Where the witnesses to a con- said to be defective, because the wit- veyance, authorized to be recorded, are ness does not state that he saw the lease dead, Its execution may be proved be- executed. The parties acknowledged It fore any officer authorized to take within In his presence, and he subscribed it as the State the acknowledgment and proof a witness. The witness must prove the of conveyances, other than a commls- execution of the Instrument. Is not that sloner of deeds, a notary public, or a done by an acknowledgment from the justice of the peace. The proof of the parties, and by attestation by the wit- execution must be made by satisfactory ness? A deed takes effect from the de- evidence of the death of all the wlt- llvery; and if the parties choose to sign nesses thereto, and of the handwriting their names alone, and then call wit- of such witnesses, or any one of them, nesses, before whom they acknowledge and of the grantor, which evidence, with the instrument, that is a good execu- the name and residence of each witness 24 OLEKK^S ASSISTANT. acquainted with C. C, the within grantor named ; that he had frequently seen him write and knew his handwriting; that the name of the said grantor, subscribed to said deed, is in the handwriting of the said C. C; and the said B. B. further deposed and said, that he was also well acquainted with E. D., one of the subscribing witnesses to the said deed, had seen the said E. D. write frequently, and was well acquainted with his handwriting; that at the time of the date of said deed the said E. D. resided in the village of Cohoes, in said county, and has been dead for about three years; that his name, subscribed as « witness to said deed, is in the proper handwriting of the said E. D., deceased. And the said B. B. further deposes, that at the time of the date of said deed he was, and for several years previous thereto had been, acquainted with one A. P., a farmer, residing at that time in the said town of Watervliet, and a near neighbor of the said grantor; that the said A. P. died about one year since ; that he was not acquainted with the handwriting of the said A. P. ; that he has never known or heard of any other person of the name of A. P., and that he cannot say in whose handwriting the name last mentioned is sub- scribed to the said deed. And I further certify that the fact proved, as aforesaid, by the said B. B., is to me satisfactory evidence of the death of all the witnesses to the said deed and of the handwriting of E. D., one of the said witnesses, and of the handwriting of C C, the said testator. (This certificate must be signed by some officer other than a notary public, justice of the peace, or commissioner of deeds. See note 29.) No. 8. By Husband and Wifeso Knoiim to the Officer. STATE OF NEW YORK, ) ^^ County, ) On this day of , 19. . ., before me personally and severally came the within-named E. F., and G. H., his wife, severally known to me and to me known to be the persons described in^ and who severally executed the examined, must be set forth by the recording and deposit are constructive officer tailing the same, in his certificate notice of the execution of such convey- of proof. A conTeyance, so proved and ance to all purchasers of the same real certified, may be recorded in the proper property, or any part thereof, from the office, if the original conveyance be at same vendor, his heirs or assigns, subse- the same time deposited in the same quent to such recording, but do not en- offlce, there to remain for the inspection title the conveyance or the record of all persons desiring to examine the thereof, or a transcript of the record, to same. If the conveyance affects real be read in evidence." Eeal Prop. Law, property in two or more counties, a § 263. certified copy of the conveyance, with " " The acknowledgment or proof of a the proof and certificates, may be re- conveyance of real property, within the corded in each of such counties. Such State, or of any other written instru- ACKNOWLEDGMENTS. 25 within {or, annexed) instrument, and severally acknowledged that they sever- ally executed the same for the uses and purposes therein mentioned. (Signature and title of officer.) No. 9. By Two Husbands and Their Wives. STATE OF NEW YORK, ) ^^ . County of , ) On this day of , 19. . ., before me personally and severally came A. A., and B., his wife, and C. C, and D., his wife, all to me known and known to me to be the several persons described in and who' executed the within instrument, and severally acknowledged that they severally executed the same for the uses and purposes therein mentioned. (Signature, etc.) No. 10. By Wife in Separate Certificate. STATE OF NEW YORK, ) ^^ County of , ) I hereby certify that on this day of , 19. . ., before me came B. B., wife of C. B., to me known and known to me to be the person described in and who executed the within conveyance, and acknowledged that she executed the same. (Signature and title, etc.) No. 11. By a Husband and Wife Identified by a Witness. STATE OF NEW YORK, ) ^^ . County of , ) On this day of , 19. . ., L. M., and N. M., his wife, person- ally came before me and severally acknowledged that they had severally executed the within {or, foregoing) conveyance {or, instrument) for the uses and purposes therein mentioned; and at the same time came before me R. S. to me personally known, who, being by me duly sworn, did depose and say, that he resides in the town of Rhinebeck, in said county, and that he knew the said L. M. and N. M. to be the same individuals described in and who executed the within conveyance, which to me is satisfactory evidence thereof. (Signature and title, etc.) ment, may be made by a married woman ner required by former statute, waa not the same as If unmarried." Real Prop, entitled to be recorded. Bradley v. Law, § 251. Walker, 138 N. Y. 291; 52 St. Rep. 365, Conveyance of real estate, not ac- revg. 44 St. Rep. 213. knowledged by married woman in man- 26 CLEEK S ASSISTANT. No. 12. By Husband Known, and Wife Identified. STATE OF NEW YORK, ) County of , ) On this day of , 19. . ., before me came the within-named A. B., and C, his wife, and severally acknowledged that they had severally executed the within instrument ; and I certify that the said A. B. is personally known to me and to me known to be one of the persons described in and who executed said instrument; and at the same time before me came S. R., to me personally known, who, being by me duly sworn, did depose and say, that he resided in the city and county aforesaid, and that he knew the said C, who made the acknowledgment, as aforesaid, to be the same individual de- scribed in, and who executed the within conveyance, which is to me satis- factory evidence thereof. (Signature and title of officer.) RK, ) No. 13. By a Subscribing Witness of a Deed Executed by a Husband and Wife. STATE OF NEW YORK, County of On the day of , 19. . ., before me came R. P., the within subscribing witness, to me known, who, being by me duly sworn, did depose and say, that he resided in the city of Schenectady; that he knows the within- named K. L., and P., his wife, knows them to be the persons described in, and who executed the within conveyance; that he was present and saw the said K. L., and P., his wife, execute the same, and that thereupon he became the subscribing witness thereto; that at the time of such execution the said K. L., and P., his wife, were residents of the city of Boston, in the State of Massachusetts, and the said conveyance was executed in the said city of Boston. (K. A., etc.) No. 14. By Witness Identified in a Case Similar to the Last. [Leave out in the second line of the last form the words " to me known," and add at the end of the form the following:] At the same time appeared before me, B. C, to me known, who, being by me sworn, did depose and say, that he resided in the city and county of Albany, that he was well acquainted with R. P., and knows him to be the subscribing witness to the within con- veyance, which is to me satisfactory evidence thereof. (A. B., etc.) ACKNOWLEDGMENTS. 27 No. 15. By a Sheriff, Referee, or Beceiver. STATE OF NEW YORK, ) County of , ) On the day of , 19. . ., before me came D. D., to me known to be the sheriff of the county of Orleans (or, the referee in a cause named; or, receiver of , or, in a cause named), and the person described in and who executed the foregoing instrument, and acknowledged the execution thereof as such sheriff {or, referee, or, receiver) for the uses and purposes therein mentioned, (L. M., etc.) No. 16. By Trnder-SherifE in thie ISTame of Sheriff. STATE OF NEW YORK, ) ^^ . County of , ) On this day of , 19. . ., J. C, to me known, before me personally came, and that he, as under-sheriff of H. M., Esq., the sheriff of the county of Essex, the person described in and who executed the foregoing conveyance, and he acknowledged that he had executed the foregoing con- veyance, in the name and as the act and deed of the said sheriff. (L. 0., Justice, etc.) No. 17. By a Plerson Conveying by a Power of Attorney. STATE OF NEW YORK, ) i ss. : County of , ^ On the day of , 19. . ., before me personally came S. R., to me known and known to me to be the person who executed the within instrument in the name of B. P., and he, the said S. R., acknowledged that he executed the same in the name and as the act and deed of said B. P. for the uses and purposes therein mentioned, by virtue of a power of attorney, duly executed by the said B. P., dated , 19,. . ., and recorded in the office of the clerk of the county of on the day of , 19. . (Signature and title of officer.) No. 18. By an Administrator, Bzecutor, or Trustee. STATE OF NEW YORK, ) >• ss. : County of , ) I hereby certify that on this day of , 19. . ., before me came E. C, to me known to be the administrator of the goods, chattels, and credits of C. D., late of the city of Albany, deceased {or, the executor of the last will and testament of B. A., late of the town of Watervliet, deceased; 28 CLEEK S ASSISTANT. or, trustee of H. N., of the town of Knox), and known to me to be the person described in and who executed the within Instrument and aelcnowledged that he executed the same as such administrator. (M. N., etc.) No. 19. Acknowledgment by CorpO'ration. (jST. Y. Real Property Law [L. 1896, c. 547], § 258.) STATE OF NEW YORK, ) County of , ) On the day of , in the year , before me personally came , to me known, who, being by me duly sworn, did depose and say, that he resided in ; that he is the ( president or other offieerSi ) of the ( name of corporation ) , the corporation described in and which executed the above instrument; that he knew the seal of said corporation; that the seal affixed to said instrument was such corporate seal;32 that it was so affixed by order of the board of directors of said corporation, and that he signed his name thereto by like order. (Signature and title of officer.) (If such corporation have no seal, that fact must be stated in place of the statements required respecting the seal.) No. 20. By Pirjn by One Partner. STATE OF NEW YORK, ) ^^ . County of , ) On this day of , 19. . ., personally appeared before me , personally known to me to be a membersa of the firm of , and to me known to be the person described in and who executed the foregoing instrument in the firm name of , and he acknowledged that he executed the same as the act and deed of said firm of for the uses and purposes therein mentioned. (Signature and title of officer.) • " The acknowledgment of a convey- of the corporation was held to prove it- ance or other instrument by a corpora- self and to be presumptive evidence that tion must be made by some officer it was affixed by due authority. Can- thereof authorized to execute the same andarqua Academy v. McKechnie, 19 by the board of directors of said cor- Hun, 62; 00 N. Y. 618. But that rule poration. Real Prop. Law, § 258. has been changed by the statute. " The former rule was that the officer As to form substantially complying before whom a corporation deed was.ac- with the statute, see In re Hulbert Bros, knowledged, was not required to take evl- & Co., 38 App. Div. 323. dence that the corporate seal was af- "* A recital in an acknowledgment of fixed by due authority, or as to the title a deed executed by a firm of attorneys of the officers who executed it; the seal for the grantor, that the person acknowl- ACKA'OWI.EDU-MEKTB. 29 No. 21. Certificates* of County Clerk to fee Annexed to the Certificate of the Officer Taking the Acknowledgment -when it is to be Used in Another State. STATE OF NEW YORK, ) y ss. : City and County of Albany, Clerk's Office, ) I, E. B., clerk of the said city and county and, also, clerk of the su- preme, county, and mayor's courts, being courts of record held therein, do hereby certify that H. H., whose name is subscribed to the certifi- cate of proof or acknowledgment of the annexed instrument in writ- ing, and indorsed thereon, was, at the timeSB of taking such proof or (L. s.) acknowledgment, a commissioner of deeds in and for the city afore- said, dwelling in the said city, and duly authorized to take the same: And that I am well acquainted with the handwritingSS of the said commissioner and verily believe that the signature to the said certifi- cate of proof or acknowledgment is genuine; and that the said instrument is executed and acknowledged according to the laws of the State of New York. In testimony whereof, I have hereunto set my hand, and affixed my official seal, as county clerk and clerk of said courts, this day of , 19 . . R. B., Clerk. No. 22. Petitions? for a Subpcena to Compel a Subscribing Witness to Ptove the Execution of a Conveyance. To Hon. B. B., County Judge of Orleans County: The petition of C. C. respectfully shows, that one E. F. executed and deliv- ered to your petitioner a deed of a certain piece of property, and that G. H., edging the deed is a member of the firm See Utlca & Black Kiver R. R. Co. \. is sufficient evidence of the fact. Mc- Stewart, 33 How. Pr. 312; People v. Culioch County L. & C. Co. v. White- Register of N. Y., 6 Abb. Pr. 180. fort (Tex.), 50 S. W. Rep. 1042. " A certificate which fails to show that " " A certificate of acknowledgment or the officer was qualified to take the ac- proof, made within the State, by a com- knowledgment at the time it was taken, missioner of deeds, justice of the peace, is insufficient and does not entitle the in- or, except as otherwise provided by law, strument to be Introduced in evidence by a notary public, does not entitle the without further proof of execution. (N. conveyance to be read In evidence or re- Y. City Court.) Goddard v. Schmoll, 24 corded, except within the county in Misc. 381; 53 Supp. 402. which the officer resides at the time of "" Failure to state that the officer is making such certificate, unless authenti- familiar with the notary's signature and Gated by a certificate of the clerk of the believes the same on the certificate to same county. But this section does not be genuine is a fatal defect. (N. Y. City apply to a conveyance executed by an Court.) Goddard v. Schmoll, 24 Misc. agent for the Holland Land Company, or 381; 53 Supp. 402. of the Pulteney estate, lawfully author- " " On the application of a grantee in ized to convey real property." Real a conveyance, his heir or personal rep- Prop. Law, f 259. resentatlve, or of a person claiming un- 30 clerk's assistant. living In said county, is a witness to the execution of the said deed; that the execution of the said deed has not been acknowledged or proved, and cannot be so proved without the evidence of the said G. H.; that your petitioner has applied to the said G. H. and requested him to testify touching the execution of the said deed, and that the said G. H. has refused to testify touching the execution thereof, notwithstanding your petitioner has called on the said G. H., in company with an officer empowered to take the proof of the execution thereof. Wherefore, your petitioner asks your Honor to issue a subpoena re- quiring the said G. H. to appear before you and testify touching the execution of said instrument. C. C. Orleans County, ss.: C. G., being sworn, says, he has read the foregoing petition by him sub- scribed, and knows the contents thereof, and that the same are true. C. C. Subscribed and sworn before me, ) this day of , 19 . . ) (Signature a,nd title of officer.) No. 23. Subpoena for a Subscribing "Witness to Appear and Testify. To S. H., of the town of Albion, county of Orleans: In the name of the People of the State of New York, you are hereby sum- moned to be and appear before me at my office in the village of Orleans in said county on the day of , 19..., at 2 o'clock in the afternoon, to testify and give evidence in regard to the execution of a certain paper writing, purporting to be a deed of conveyance from one E. F. to C. C, to which you are a subscribing witness, as appears by the application of the said C. C. Whereof fail not. Given under my hand this day of , 19 . . . B. B., Orleans County Judge. der either of them, verified by the oath person who, on being duly served with of tlie applicant, stating that a witness such a subpoena, without reasonable to the conveyance, residing in the county cause refuses or neglects to attend, or where the application is made, refuses refuses to answer under oath concern- to appear and testify concerning its ing the execution of such conveyance, execution, and that such conveyance can- forfeits to the person injured one hun- not be proved without his testimony, dred dollars; and may also be committed any officer authorized to take, within to prison by the officer who issued the the State, acknowledgment or proof of subpoena, there to remain without bail, conveyance of real property may issue and without the liberties of the jail, a subpoena, requiring such witness to until he answers under oath as required attend and testify before him concern- by this section." Real Prop, Law, § 254. ing the execution of the conveyance. A ACKNOWLEDGMENTS. 31 No. 24. Proof of Service of Subpcena. STATE OF NEW YORK, ) >■ ss. : County of Orleans, ) H. K., being sworn, says, that on the day of , 19. . ., at Albion, in said county, he served the within {or, foregoing) subpoena on the within {or, foregoing named S. H.), and that such service was made by showing the within {or, foregoing) original subpcena, and at the same time giving to and leaving with him a copy of the same, and at the same time pajring him fifty cents, his fees. H. K. Sworn to before me this ) day of , 19.. . ) B. B., Orleans County Judge. No. 25. Warrant to Arrest. To the Sheriff of the county of Orleans, Greeting: In the name of the People of the State of New York, you are hereby com- manded forthwith to apprehend and take into custody G. H., of your county, and bring him before me, B. B., county judge of said county, at my office in the village of Albion, in the county of Orleans, to testify and give evidence touching the execution of a certain conveyance of real estate made by E. F. to C. C, to which deed of conveyance the said G. H. is a subscribing witness, as it appears to me, of record; the said G. H. having been duly subpienaed to be and appear before me and to testify and give evidence in regard to the execu- tion of the said conveyance, and having neglected and refused to attend in pursuance of said subpoena. Given under my hand and seal this day of , 19 . . . B. B., etc. (L. s.) No. 26. Commitment of "Witness B>efusing to Testify. The People of the State of New York, to any Constable of the county of Orleans, Greeting: Whereas, G. H., who resides in the town of Albion, county aforesaid, having been brought before me on a warrant to testify and give evidence in regard to the execution of a certain deed or conveyance made by E. F. to 32 clerk's assistant. C. C, has, without cause or reasonable excuse, refused to answer upon oath, touching the matters aforesaid. You are commanded forthwith to commit and deliver the said G. H. to the sheriff of the said county of Orleans, who is required to receive the said G. H., and to cominit and imprison him in the jail of the said county, there to remain vrithout bail and without the liberties of the jail until he shall submit to answer upon oath as aforesaid, or be discharged according to law. Given under my hand and seal this day of , 19 . . . B. B., Judge of the County of Orleans. (l. s.) No. 27. Oath to be Administered to the Subscribing Witness. You do swear in the presence of the ever-living God, that you will true answers make to such questions as shall be put to you touching the .execution of the deed of conveyance here shown to you. OR, You do solemnly swear, that you will true answers make to such questions as shall be put to you in regard to the execution of the deed of conveyance here shown to you. So help you God. No. 28. Oath to be Administered to a Person Identifying the Parties or the Subscribing Witness to a Conveyance. You do swear in the presence of the ever-living God, that you will true answers make to such questions as shall be put to you, touching the identity of the subscribing witness (or, of the parties) to this conveyance. OR, You do solemnly swear, that you will make true answers to such questions as shall be put to you in regard to the identity of the subscribing witness (or, of the parties) to this conveyance. So help you God. No. 29. Afflrm.atiO'n to be Administered to an Affiant. You do solemnly, sincerely and truly declare and aiBrm that the contents of this affirmation by you subscribed are true. ACKNOWLEDGMENTS. 33 No. 30. Affidavit to a Deponent S'worn with, the Uplifted Hand. You do swear in the presence of the ever-living God that the contents of this affidavit by you subscribed are true. No. 31. Affidavit of a Deponent Sworn on the Gospels. You do solemnly swear, that the contents of this affidavit by you subscribed are true. So help you God. No. 32. Satisfaction of Mortgage.38 , do hereby certify, that » certain indenture of mortgage bearing date the day of , 19 ... , made and executed by , and recorded in the office of the clerk of the , county of , in book No of Mortgages, page , on the day of , 19. . ., at .... o'clock, minutes .... M., is with the bond accompany- ing it fully paid and satisfied, and I do hereby consent that the same be dis- charged of record. Dated the day of , 19. . . In presence of (Acknowledgment clause.) No. 33. Certificate of Satisfaction Written on the Mortg^age. The within mortgage and the bond accompanying the same have been fully paid. Dated, ,19... L. K. (Add acknowledgment as above.) ■* An instrument under seal, assigning Corey, 54 Hun, 493; 27 St. Rep. 608; 7 a debt, may be aeltnowledged abroad, Supp. 939. before a United States consul. MItander An Instrument In the nature of an V. Sonneborn, 29 Hun, 407. equitable mortgage Intended to secure A mortgage Is valid in equity although by lien a debt due the mortgagee Is not defectively acknowledged, and a pur- an instrument conveying a fee and Is chaser under Its foreclosure can question not invalidated by the want of a proper the validity of a prior conveyance as a acknowledgment or a subscribing wit- cloud on his title. Mut. Life Ins. Co. v. ness. Watklns v. Vrooman, 51 Hun, 175; 21 St. Rep. 586; 5 Supp. 172. 34 CLEBK S ASSISTANT. No. 34. Satisfaction of a Judgment Entered in a Court of Record Acknowl- edged by the Attorney. SUPREME COURT — Monroe Countt. A. B. agt. C. D. Judgment entered May 10, 1895. Recovery $524 38 Costs 14 22 $538 60 E. F., Plaintiif's Attorney. The above-described judgment has been fully paid and satisfied. Dated, , 19. . . E. F., Attorney for Plaintiff. STATE OF NEW YORK, ) ,^ . Monroe County, ) On this day of , 19. . ., before me came the above-named E. F., attorney for the above-named plaintiff, to me known, and known to me to be the person described in, and who executed the above instrument of satis- faction, and acknowledged that he executed the same. G. H., Justice of the Peace. No. 35. Satisfaction by Plaintiff of a Judgment of a Court of Becord. SUPREME COURT — Orleans CotrNTY. S. H. agt. L. Q. " Satisfaction of Judgment. Satisfaction is acknowledged of judgment between S. H., plaintiff, and L. Q., defendant, for the sum of $516.10. Judgment entered in the Judgment Book of the county of Orleans, on the day of , 19. . . Dated, , 19.. . S. H. Orleans County, ss.: On this day of , 19. . ., before me came the above-named S. H., to me known to be the person described in, and who executed the above instrument of satisfaction, and acknowledged that he executed the same. R. N., Justice of the Peace. ACKNOWLEDGMENTS. 35 No. 36. Satisfaction of a Judgment of a Justices' Court After the Same has Been Docketed in the Office of the County Clerk. WASHINGTON COUNTY. B. P. agt. A. B. Judgment rendered before R. S., a justice of the peace in and for said county, on the day of , 19 ... , for $26.13, damages and costs. Transcript filed and judgment docketed the day of , 19. . . I hereby acknowledge satisfaction of the above-mentioned judgment. Dated, , 19 . . . E. P. (Add acknowledgment as above.) No. 37. Certificate of County Clerk that Judgment has Been Satisfied. STATE OF NEW YORK — Supreme {or, County) Coubt, Albant Countt. E. M. agt. B. P. Recovery $153 42 Costs 12 29 $165 71 Roll filed May 13, 1894, 3 h. p. m. J. Gr., Plaintiff's Attorney. JFFIOE, ) .,19... f Supreme {or, County) Court, Clerk's Office, City and County of Albany, , . I certify that the above judgment was discharged of record the day of ,19... R. B., Clerk. ALABAMA. Within the State, acknowledgments may be taken by judges of the Supreme and Circuit Courts^ and the clerks thereof, chancellors, registers in chancery, judges of the courts of probate, justices of the peace, and notaries public. (Code, I 993.) Without the State and within V. /S.,39 judges and clerks of "The form prescribed by the statute Richardson, 76 Ala. 329; Campbell v. of Alabama must be followed when ac- O'Neal, 81 Ala. 476; East Tenn., Va. & knowledgment taken without the State. Ga. Ry. Co. t. Davis, 91 Ala. 615. Keller v. Moore, 51 Ala. 340; Evans v. 36 CLEEK S ASSISTANT. any Federal court, judges of any court of record in any State, notaries pub- lic, commissioners appointed by the governor of this State. Without V. 8., judge of any court of record, mayor or chief magistrate of any city, town, borough, or county, notaries public, any diplomatic, consular, or commercial agent of the United States. (Code, § 994.) A seal is not necessary to the deed itself. (Code, § 983.) Witnesses are unnecessary where deed is acknowledged ; otherwise one to pass title and two to entitle probate of deed to be proved-iO by witness, so it is admissible in evi- dence, and when grantor cannot write, two witnesses are required who can write. (Code, §§ 982, 998.) Wife must join in husband's conveyance if over 18. (Code 1896, I 1509.) Husband must join in wife's conveyance, unless he is non compos mentis, or has abandoned his wife, or is a nonresident of the State, or is imprisoned under a conviction for crime for a period of two years or more, in which case wife can convey or mortgage her lands as if she were sole. (Code 1896, § 2528.) Separate acknowledgment by wife necessary to convey homestead. (Code 1896, § 2034.) No. 38. Acknowledgment.*! (Code 1896, § 996.) STATE OF ALABAMA, County, I ( name and style of officer ) , hereby certify that , whose name is signed to the foregoing conveyance, and who is known to me, acknowledged before me on this day, that, being informed of the contents of the conveyance, he executed the same voluntarily on the day the same bears date. Given under my hand, this day of , A. D ( Signature and title of officer. ) The law has made no provision for the privileges conferred by section 992." authenticating the official character of Code 1896, § 998. an officer who takes an acknowledgment The foregoing provisions seem to be out of the State, and it would seem that somewhat conflicting as to witnesses. if the certificate is regular in form and Heading them all together the law seems purports on its face to have been taken to require one witness to make a deed by one of the officers mentioned in the good between the parties, unless the statute, the conveyance to which it re- grantor cannot write, in which case the lates is entitled to record and to be two are necessary for that purpose, if read in evidence. Goree v. Wadsworth, there is no acknowledgment. §§ 982, 984. 91 Ala. 416 (1890); Carhart v. Clark, 31 Then comes section 998, which appears Ala. 396; Hart v. Ross, 57 Ala. 518. to reciuire two witnesses to make pro- m ■. rpijg recording in the proper office bate possible by proof, so it is admissible of any conveyance of property which in evidence, if not acknowledged. This may be legally admitted to record oper- theory is borne out by the wording of ates as a notice of the contents of such the form of proof by a subscribing wit- conveyance without any acknowledg- ness which is prescribed by statute, ment of the probate thereof." Code While a deed may be recorded in Ala- 1896, § 991. But to be self-proving, con- bama without being acknowledged or veyances must be recorded. Code 1896, proved and is notice to the world, it is § 992. " All conveyances admitted to not admissible In evidence unless either record on proof must be attested by two acknowledged or proved, notwithstanding witnesses and the proof or acknowledg- it has been recorded, ment must comply substantially with the " " We find the great weight of au- foregoing forms, or the conveyances lose thority and reason in support of the ACKNOWLEDGMENTS. 37 No. 39. Proof of Probate by Witness. (Code 1896, § 997.) STATE OF ALABAMA, ) County, ) I ( name and style of officer ) , hereby certify that , a subscribing witness to the foregoing conveyance, known to me, appeared before me this day, and being sworn, stated that , the grantor, voluntarily executed the same in his presence, and in the presence o(f the other subscribing witness, on the day the same bears date; and that he attested the same in the presence of the grantor, and of the witness, and that such other witness subscribed his name as a, witness in his presence. Given under my hand, this day of , A. D ( Signature and title of officer. ) No. 40. Separate Acknowledgment by Wife to Convey Homestead.^ (Code 1896, § 2034.) !■ ss. : STATE OF ALABAMA, County, I, , judge of (or other officer, as the case may be ) , do hereby certify that on the day of , 19. . ., came before me the within-named , known to me ( or, made known to me ) , to be the wife of the within-named , who, being examined separate and apart from her husband, touching her signature to the within , acknowl- edged that she signed the same of her own free will and accord, and without fear, constraints, or threats on the part of her husband. In witness whereof, I have hereto set my hand, this day of , 19... ( Signature and title of officer. ) proposition, that the power conferred ment, he has no power to alter, add to, on certain officers to take acknowledg- or make a new certificate, without a re- ments to deeds of conveyance, Is stat- acknowledgment." Griffith v. Ventress, utory, and courts of law or equity have 91 Ala. 366, 374 (a well-considered case), no Jurisdiction to amend or correct de- See also Hodges v. Winston, 95 Ala. fectlve executions of the power; that 514; Winston v. Hodges, 102 Ala. 304. the acknowledgment and certificate are *^ This certificate may be upon or at- essentlal parts of the conveyance; that tached to the conveyance. Code, § 2034. the officer before whom the acknowledg- Conveyance of a husband alone, or one ment Is made, and who is required to defectively executed by the wife, is a make the certificate, acts judicially when nullity, Winston v. Hodges, lOr Ala. certifying to the acknowledgment made 304; McGuire v. Van Pelt, 55 Ala. 344; before him; and when delivered to the and does not operate as an estoppel parties, and accepted for record, or as against the husband. Richardson v. the complete execution of the instru- Woodstock I. Co., 90 Ala. 266. 38 CLEEK S ASSISTANT. ARIZONA. Acknowledgments may be taken within the Territory before a clerk of a court having a seal, a notary public, a county recorder, a justice of the peace. (R. S. 1887, § 2576.) Without the Territory and within U.S., before a clerk of some court of record having a seal, a commissioner of deeds duly appointed under the laws of the Territory, a notary public. (Id., § 2577.) Without the U. S., before a minister, commissioner, or charge d'affaires of the United States, resident and accredited in the country where the proof or acknowledg- ment is made; a consul-general, consul, vice-consul, commercial agent, vice- commercial agent, deputy-consul or consular agent of the United States, resi- dent in the country where the proof or acknowledgment is made, a notary pub- lic. (Id., § 2578.) A seal does not affect instrument in any way (K. S. 1887, § 2783), and con- sideration imported the same as if instrument contained a seal. (Id., § 2784.) Witnesses are not necessary where conveyance acknowledged; otherwise two necessary. (Id., § 220.) Wife seventeen years or over may convey without husband joining in deed. (R. S. 1887, §§ 225, 2103.) Wife must join husband in conveyance of home- stead, and there must be a separate acknowledgment by her. (R. S. 1887, § § 226, 2076. ) " All property acquired by either husband or wife during the marriage, except that which is acquired by gift, devise, or descent, or earned by the wife and her minor children, while she has lived or may live separate and apart from her husband, shall be deemed the common property of the hus- band and wife, and during coverture may be disposed of by the husband only." (E. S. 1887, § 2102.) Women can hold property same as men. (Id., § 2103.) No. 41. Acknowledgment. (R. S. 1887, § 2583, as amd. L. 1897, No. 65.) TERRITORY OF ARIZONA, County of , Before me (here insert the name and character of the o£Scer), on this da; personally appeared , known to me ( or, proved to me on the oath of ) , to be the person whose name is subscribed to the foregoing vor strument, and acknowledged to me that he executed the same for the purpose and consideration therein expressed. (And I hereby certify that my commis- sion as notary public expires on the day of , A. D. 19. . . )** Given under my hand and seaWS of office, this day of , A. D. 19... (SEAL.) (Signature and title of oflScer.) " By an amendment to paragraph 3029 tarles appointed in the Territory of Ari- of the Revised Statutes, talsing effect zona, but there being no exception in tlie Jniy 1, 1897 (Laws of 1897, p. 119, No. statute to notaries in other States, it 65), it is provided that " ail notaries would be tlie safer way, at least, to public shall affix the date of the expira- put such a recital In acknowledgments tion of their commissions as such notary talien before notaries without the Terrl- on every certificate or aclsnowledgment tory. before signing and sealing the same." » A notarial seal is required. B. S. Primarily, of course, this applies to no- 1887, par. 2582. ACKNOWLEDGMENTS. 39 No. 42. Separate Acknowledgment of Wife to Homestead Conveyance. (R. S. 1887, § 2583, as amd. L. 1897, No. 65.) TERRITORY OF ARIZONA, > ^^ County of , ] Before me (here insert the name and character of the officer) on this day personally appeared , wife of , known to me [or, proved to me on oath of ) to be the person whose name is subscribed to the foregoing instrument, and having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said , acknowledged such instrument to be her act and deed, and de- clared that she willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. (And I hereby cer- tify that my commission as notary public expires on the day of , A. D. 19...)48 Given under my hand and 8eal« of office, this day of , A. D. 19... (SEAL.) (Signature and title of officer.) No. 43. Proof by Witness. (R. S. 1887, § 2586, as amd. L. 1897, No. 65.) TERRITORY OF ARIZONA, ) ^^ . County of , ) Before me ( here insert the name and character of the officer ) , on this day personally appeared , known to me ( or, proved to me on the oath of ) , to be the person whose name is subscribed as a witness to the foregoing instrument of writing, and after being duly sworn by me, stated on oath that he saw , the grantor, or person who executed the foregoing instrument, subscribe the same (or, that the grantor or person who executed such instrument of writing acknowledged in his pres- ence that he had executed the same for the purposes and considerations therein expressed ) , and that he had signed the same as a witness at the request of the grantor (or person who executed the same). (And I hereby certify that my commission as notary public expires on the day of , A. D. 19...)*8 Given under my hand and seaU9 of office, this day of , A. D. 19... (SEAL.) (Signature and title of officer.) " See notes 44 and 45 to totegolug " Id. form. By sections 2587 to 2598, both Inclu- « Id. elve, of the Revised Statutes of 1887, Is " See notes 44 and 45 to second pre- provided a method of procuring the tes- cedlng form. tlmony of witnesses as to the execution 40 CLEBK''S ASSISTANT. AEKANSAS.BO Acknowledgments may be taken within the State, before the Supreme Court, the Circuit Court, or either of the judges thereof, the clerk of any court of rec- ord, any justice of the peace, or notary public. (Dig. Stat., § 708.) Without the State and within V. S., or their colonies, possessions, or dependencies, be- fore any court of the United States, or of any State or Territory, or colony, possession, or dependency of the United States, having a seal, or the clerksi of any such court, a notary public, mayor of any city or town, or the chief officer of any city or town having a seal, a commissioner appointed by the governor. (Act May 8, 1899.) Without the V. S., before any court of any State, kingdom, or empire having a seal, or any mayor or chief officer of any city or town having an official seal, any officer of any foreign country who, by the laws of such country, is authorized to take probate of the conveyance oi real estate in his own country, if such officer has by law an official seal. (Dig. Stat., § 708; also U. S. Consuls. Act Feb. 27, 1897.) Married women may convey their separate property the same as a feme sole. (Dig. Stat. 1894, § 705.) And may relinquish dower by joining in deed with husband. (Id., § 706.) And may execute powers of attorney for the conveyance of real estate the same as unmarried persons. (Act of March 19, 1895.) Two witnesses are required in all cases. (Id., § 707.) A seal does not ap- pear to be necessary to the instrument itself, but the certificate of the officer taking the acknowledgment must be under 8eal.S2 (Id., § 711.) No. 44. Grantor Known to Officer. SS.i STATE OP ARKANSAS, County of , On this day of , 19. . ., personally appeared before me , to me known and known to me to be the person described in and who executed the foregoing (or, within) conveyance (or, deed, or, mortgage), and stated and acknowledged that he had executed the same for the considera- tion and purposes53 therein mentioned and set forth. Witness my hand and official seal as (insert title of officer) on the date in this certificate first above written. (OFFICIAL SEAL.) (Signature and title of officer.) of unacknowledged deeds so as to entitle Also act of May 8, 1899, all acknowl- them to be recorded. edgments defective for informality and w An act approved March 11, 1891, pro- taken by officer whose term had expired vlded that all conveyances, proof of the were validated unless then in question in execution whereof was insufficient be- pending suit. cause the officer certifying such execu- " A certificate of acknowledgment by tlon omitted any words in his certificate a clerk of a court of record of another or was otherwise Informal, shall be valid State Is admissible In evidence without and binding as though the certificate of attestation of his official character by acknowledgment or proof of execution the judge of the court. Ferguson v. was in due form. For a case interpret- Peden, 33 Ark. 150. ing the statute, see Williamson v. Laza- '= Little v. Dodge, 32 Ark. 453. rus. 49 S. W. Eep. 974 (1899). »» The words " for the consideration By act of June 4, 1897, all conveyances and purposes " are necessary to the theretofore acknowledged before any validity of the acknowledgment. John- county judge in the State were validated, son v. Godden, 33 Ark. 600; Martin v. By act of March 13, 1899, deeds of O'Bannon, 35 Ark. 62; Ford v. Burks, 37 homesteads which the wife had signed Ark. 91; Connor v. Abbott, 35 Ark. 305, were validated if defective. Little v. Dodge, 32 Ark. 453. ACKNOWLEDGMENTS. 41 When a married woman joins with her husband in deed to relinquish dower, as she may do (Dig. Laws 1894, § 706), add the following: And on the same date ( or another date specifically set forth ) personally and voluntarily appeared before me , the wife of the above and within- named , the said ( wife ) , being personally known to me and to me known to be one of the persons described in, and who executed the foregoing conveyance, and in the absence of her husband, she declared that she had of her own free will signed the relinquishment of dower for the purposes therein contained and set forth, without compulsion or undue influence of her husband. " If such grantor or witness shall be personally unknown to such court or officer, his identity and his being the person he purports to be on the face of such instrument of writing, shall be proven to such court or officer, which proof may be made by witnesses known to the court or officer, or the affidavit of such grantor or witness, if such court or officer shall be satisfied therewith ; which proof or affidavit shall also be indorsed on such deed or instrument of writing." (Dig. Stat. 1894, § 712.) No. 45. Another Form for Husband and Wife. STATE OP ARKANSAS, ) ' y ss. : County of , ) On this day of , 19. . ., personally and voluntarily ap- peared before me, A. B., and C. B., his wife, severally personally known to me, and to me known to be the several persons described in, and who severally exe- cuted the foregoing ( or, within ) conveyance ( or, instrument, or, deed, or, mort- gage), and they severally stated and acknowledged that they had severally executed the same for the consideration and purposes therein mentioned and set forth; and the said C. B., in the absence of her husband, stated that she appeared voluntarily and declared that she had of her own free will signed the relinquishment of dower for the purposes therein contained and set forth without compulsion or undue influence of her husband. Witness my hand, etc. (as above). No. 46. Proof by Subscribing Witness. (Dig. of Stat., § 714.) STATE OF ARKANSAS, )^ County of , ' On this day of , 19. . ., personally appeared before mc , personally known to me, and to me known to be one of the wit 42 CLEEK''s ASSISTANT. nesses whose name is subscribed to the foregoing (or, within) conveyance (or, deed, or, mortgage, or, other instrument), and being by me first duly sworn, did state on his oath that he saw , the grantor, subscribe such deed (or, conveyance, or, instrument), (or, that the grantor acknowledged in his pres- ence that he had subscribed and executed such deed for the purposes and con- sideration therein mentioned), and that he had subscribed the same as wit- ness, at the request of the grantor. Witness my hand and seal, etc. (as above). No. 47. Proof of Handwriting where Grantor and Witnesses Dead. (Dig. Stat., § 715.) ( Venue. ) On this day of , 19 ... , personally appeared before me, A. B. and C. D., who, being by me duly and severally sworn, did each state upon his oath that they severally were well acquainted with the handwriting of C. F., the grantor, and G. H., one of the subscribing witnesses to the within deed, and that the signatures of said the grantor and the said witness are in the proper and genuine handwriting of said E. F. and G. H. Witness my hand, etc. (as above). CALIFORNIA. Acknowledgments may be taken within the State, before a justice or clerk of the Supreme Court, or a judge of the Superior Court, at any place within the State; clerk of any court of record, county recorder, court commissioner, notary public, or justice of the peace, within the city, county, or district for which the officer was elected or appointed. (Civil Code 1897, §§ 1180, 1181.) Without the State and within XJ. S., before justice, judge, or clerk of any court of record of the United States, a justice, judge, or clerk of any court of record of any State, a commissioner appointed by the governor, a notary public, any officer authorized by the laws of the State where taken to take such proof or acknowledgment. The word "State," includes "Territory." (Id., § 1182.) Without the V. 8., before a minister, commissioner, or chargg d'affaires of the United States, resident and accredited in the country where the acknowledg- ment is made, a consul, vice-consul, or consular agent of the United States, resident as above, a judge of a court of record in the country where the proof or acknowledgment is made, commissioners appointed for such purpose by the governor, pursuant to special statutes, a notary public. (Id., § 1183.) Neither a seal nor witnesses is necessary if instrument is acknowledged. Dower is not allowed (Civil Code 1899, § 173) ; so wife not necessary party to deed, unless it conveys homestead (Id., § 1242), and wife can convey sep- arate property the same as a feme sole. (Id., § 162.) Community property cannot be conveyed by the husband without consideration, unless wife con- sents. (Id., § 172.) ACKNOWLEDGMENTS. 43 No. 48. Acknowledgment.B^ (CiTil Code 1899, § 1189.) STATE OF CALIFORNIA, ( ^ . County of , ) On this day of , in the year 19 . . ., before me (here in- sert name and quality of officer ) personally appeared , known to me {or, proved to me on the oath of ) *to be the person whose name is subscribed to the within instrument, and acknowledged that he (she, or they) executed the same. (SEAL.)6B (Signature and title of officer.) No. 49. By Corporation. (Civil Code 1899, § 1190.) (Same as foregoing down to *, then as follows:) to be the president (or, secretary) of the corporation that executed the within instrument and ac- knowledged to me that such corporation executed the same. No. 50. By Attorney in Fact. (Civil Code 1899, § 1192.) ( Same as foregoing down to *, then as follows : ) to be the person whose name is subscribed to the within instrument as the attorney in fact of , and acknowledged to me that he subscribed the name of thereto as principal, and his own name as attorney in fact. No. 51. Proof by Subscribing Witness. (Civil Code 1899, § 1195 et seq.) Follow New York Forms Nos. 5 and 6. " Any acknowledgment taken without it is autborlzed so to do ; tliat his slg- the State according totlie laws of tlie nature is genuine, and that tlie acknowl- place wliere made Is good in California edgment is taken in accordance with the when accompanied by a certificate of a laws of that piacc. Civil Code 1899, clerk of a court of record of the county § 1189. or district where the acknowledgment '= Seal is necessary. Civil Code 1899, Is taken, certifying that the officer taking § 1193. 44 CLEEK^S ASSISTANT. No. 52. Proof of Hand-writing where Grantor and Witnesses Dead, Cannot be Found, Refuse to Testify, etc. (Civil Code 1899, §§ 1198, 1199.) Follow New York Form No. 7. If the witnesses and grantor " are non-resi- dents of the State;" or " the place of their residence is unknown to the party desiring the proof and cannot be ascertained by the exercise of due diligence;" or " when the subscribing witness conceals himself, or cannot be found by the officer by the exercise of due diligence in attempting to serve the subpoena or attachment;" or "in ease of the continued failure or refusal of the wit- ness to testify for the space of one hour after his appearance," insert either of these statements in the place of the one that the grantor and witnesses are dead. The other requirements of the statute are the same as those in New York. COLORADO. Acknowledgments may be taken within the State, before any judge, or clerk, or deputy clerk, of a court of record, the recorder, or clerk, or deputy clerk, of any county, notary public, or justice of the peace. (Mills' Ann. Stat. 1891, § 439, p. 588.) Without the State and within the U. S., before secretary of any State or Territory, clerk of any court of record of any State or Territory, or of the United States, notary public, commissioner of deeds appointed for Colorado, any officer authorized by the laws of any State or Territory to take acknowledgments.BS (Id.) Without the U. S., before any court of record hav- ing a seal, the mayor or other chief officer of any city or town having a seal, consuls of the United States. (Id.) A seal is not required to the instrument itself, nor are mtnesses, when acknowledged. One witness can prove execution. Wife can convey land as if sole. (Ann. Stat. 1891, § 3019.) Dower is abolished. (Id., § 1524.) No. 53. Acknowledgment. (Mills' Ann. Stat., § 443.) STATE OF COLORADO, County of , , appeared before me, this day of , 19 ... , in person,57 and acknowledged the foregoing instrument to be his act and deed for the uses specified therein. Witness my hand and official seal. (SEAL.) A. B. (Title of officer.) (A seal is always necessary.) '" Requires authentication under hand no authentication is required. Mills' and seal of clerk of court of record of Ann. Stat. 1891, § 449, p. 601. official capacity of officer to take and " The officer must be personally ac- certify acknowledgments that he is the quainted with the grantor or have proof officer he assumes to be, and that the of his identity. In the latter case it Is signature of the officer Is genuine, If not necessary to include the evidence of taken by officer other than one specifl- identity In the eertiflcate of acknowl- cally named. If taken by officer named, edgment. Mills' Ann. Stat. 1891, § 443, p. 591. ACKITOWLEDGMENTS. 45 CONNECTICUT. Acknowledgmentg may be taken within the State, before judges of courts of record of the State, or of the United States, clerks of the Superior, Common Pleas, and District Courts, justices of the peace, commissioners of the Superior Court, commissioners of the school fund, • notaries public, town clerks, and assistant town clerks. Without the State and within the XJ. 8., before com- missioners appointed by the governor, and any officer authorized to take ac- knowledgments in any other ;State. Without the U. 8., before consuls of the United States, notaries public, justices of the peace. (Pub. Stats., Rev. 1888, I 2954.) A seal is necessary. Two subscribing witnesses are requisite. (Id., §§ 1085, 2954.) Married women can convey separate property the same as a feme soJe;B8 separate acknowledgment not necessary when they join in deed with their husbands. No. 54. Acknowledgment.BB STATE OF CONNECTICUT, ) ' y ss. : County of , ) January ..., 19..., before me personally appeared , and , his wife, severally known to me, and to me known to be the per- sons severally described in, and who executed the foregoing instrument, and they severally acknowledged that they did severally sign and seal the same as their free act and deed. (SEAi,.)«o (Signature and title of officer.) No. 55. By Corporation. The only provision of law in Connecticut as to corporate acknowledgments, is as follows: " Conveyances of real estate, made to, or by, any corporation, may be at- tested by witnesses interested therein, and may be acknowledged before prop- erly authorized persons who are so interested." (Gen. Stat. 1888, § 2955.) M •• • • • The separate earnings of not having been repealed. It can the wife shall be her sole property. She scarcely be assumed, however, that the shall have power to make contracts with Implication therein contained Is sufficient third persons, and to convey to them her to overcome the plain language of the real and personal estate, as If unmar- later statute of 1877, quoted above, rled." Gen. Stat. Rev. 1888; § 2796; " " Conveyances of real estate situated c. 114, Laws 1877. in this State, and powers of attorney " All conveyances of the real estate therefor, executed and acknowledged in of married women, executed by them any other State or Territory In con- jointly with their husbands, and duly formlty with Its laws relative to the acknowledged and recorded, shall be conveyance of lands therein situated, valid and effectual to transfer such es- shall be valid." Gen. Stat. 1888, § 2956. tate; and all conveyances of the bus- »° If before a notary public In the State band alone of the real estate of the It may be with or without a seal, but wife, shall be ineffectual to convey her from the reading of the statute It would Interest therein." Id., S 2960. seem to be safer to attach a seal when The statute last-above quoted Is an old the officer taking the acknowledgment one, having been passed In 1723, but re- has one. peated in the latest revision, apparently 46 cleek's assistant. The form used in New York for corporations, with the addition of the words " as the free act and deed of said corporation," would certainly be sufficient under this statute. DELAWARE. Acknowledgments of corporations may be taken within the State, before the chancellor or any judge of the State, a judge of any Circuit or District Court of the United States, a notary public, or two justices of the peace for the same county. (Rev. Laws 1893, § 6, c. 83, p. 626.) Of others, the Superior Court, the chancellor, or any judge or notary public, or before two justices of the peace for the same county. (Id., § 4.) Without the State, before consul- general, consul, vice-consul, consular agent, commercial agent of the United States, any judge of the District or Circuit Court of the United States, chan- cellor, or judge of any court of record in any State, Territory, or country, mayor or chief officer of any city or boTough, or commissioner appointed by the governor. (Id., § 10.) One witness is necessary where deed not acknowledged. (Id., § 3.) Wife must be separately examined and should join with husband in deed to bar dower. (Id., §§ 4, 5.) No. 56. Acknowledgment. (Rev. Laws 1893, u. 83, § 626.) STATE OF DELAWARE, 1 County of , ! Be it remembered, that on the day of , in the year of our Lord one thousand nine hundred , personally came before the sub- scribers, two of the justices of the peace for county aforesaid, and , his wife, parties to this indenture, known to us personally (or, proved on the oath of ) to be such, and severally ac- knowledged said indenture to be their act and deed, respectively, and that the said , being at the same time privately examined by us apart from her husband, acknowledged that she executed the said indenture willingly, without compulsion, or threats, or fear of her husband's displeasure. Witness our hand the day and year aforesaid. (Signatures and title of officers.) No. 57. By Corporation. Follow New York form. DISTRICT OF COLUMBIA. Acknowledgments may be taken anywhere mthin the V. 8.,'^^ before any judge of a court of record and of law, any chancellor of a State, any judge of M " When acknowledgments are made same shall be accompanied by a certlfl- beyond the limits of the District within cate of the register, clerk, or other public the United States, the certificate of the officer having cognizance of the fact. ACKNOWLEDGMENTS. 47 the Supreme, Cirouit, District or Territorial Court of the United States; a justice of the peace, a notary public, or commisaioner appointed by the president, or commissioner of the Circuit Court for the District of Columbia appointed for the purpose. Comp. Stat. 1894, c 58, §§ 2, 3.) Without the O. iSi.,62 before any judge or chancellor of any court, master or master extraordinary in chancery, notary public, or any secretary of legation or consular oflicer of the United States. (Id., § 5.) There is no provision in the statutes as to seals; therefore, probably a seal is necessary under the common-law rule. Witnesses do not seem to be re- quired where the deed is acknowledged. Wife should join with husband to bar dower. (Comp. Stat. 1894, c. 58, §§ 12, 13, 24, 25.) No. 58. Acknowledgment. (Comp. Stat. 1894, c. 58, § 4.) county {or, city, etc.), to wit: I, A. B., a justice of the peace (or, other prescribed officer, giving his title), in and for the county (or, city, or, parish, or, district) aforesaid, in the State (or. Territory, or, district) of , do hereby certify that C. D., a party (or, C. D. and E. D., etc., parties) to a certain deed, bearing date on the day of , and hereto annexed, personally appeared before me in the county (or, city, etc.), aforesaid, the said C. D. and E. D. being personally well known to me, as (or, proved by the oaths of credible witnesses before me to be) the person (or, persons) who executed the said deed, and acknowledged the same to be his (her or their) act and deed. Given under my hand and seal, this day of , 18 . . . A. B. (SEAIi.) No. 59. Acknowledgment by Married Woman. county ( or, city, etc. ) , to wit : I, A. B., a justice of the peace (or, other prescribed officer, giving title) in the county (or, city, etc.), aforesaid, in the State (or. Territory, etc.) of , do hereby certify that C. D., the wife of E. F., party to a certain deed bearing date on the day of , and hereunto annexed, personally appeared before me, in the county (or, city, etc.) aforesaid, the said 0. D. being well known to me as (or, proved by the oaths of credible wit- nesses before me to be) the person who executed the said deed, and being, under bis official seal, tbat, at the date " Acknowledgments taken In a foreign of the acknowledgment, the officer taking country before aii officers, except secre- the same was, In fact, the officer he pur- taries of legation and consular officers of ported to be." Comp. Stat. 1894, c. 58, the United States, must have a certlfl- S 5. cate of authentication similar to that The foregoing statute does not applj required for acknowledgments taken to acknowledgments taken by commis- within the United States outside of the sioners of deeds appointed by the presl- District of Columbia. Comp. Stat. 1894, dent. Chafee v. Blatcbford. 6 Mackey, c. 58, S 7. 459. 48 CLEEK''s ASSISTANT. by me, examined privily and apart from her husband, and having the deed aforesaid duly explained to her, she, the said C. D., acknowledged the same to be her aet and deed, and declared that she had willingly signed, sealed and delivered the same, and that she wished not to retract it. Given under my hand and seal, this day of (SEAL.) A. B. FLORIDA. Acknowledgments may be taken within the State, before any judge, clerk or deputy clerk of any court of record, notary public, or justice of the peace. Without the State and within V. S.,63 before commissioner appointed by the governor, a, judge or clerk of any court of the United States or of any State, Territory or district having a seal, notary public or justice of the peace having an official seal. Without the U. S.,^ before any commis- sioner of deeds appointed by the governor, notary public having an official seal, any minister, chargg d'affaires, consul-general, consul, vice-consul, com- mercial agent or vice-commercial agent of the United States having seal. (Rev. Stat. 1891, § 1973.) A seal is necessary in all eases, both as to the deed itself (Id., § 1950) and the certificate of acknowledgment (Id., § 1973), and there must always be two witnesses to the deed, whether acknowledged or not. (Id., § 1950.) Wife must join in husband's deed and husband in wife's deed, and wife must be separately examined. (Id., §§ 1956-1959.) j- ss. . No. 60. AcknoTwledgment by Grantor Known to Officer. STATE OF FLORIDA, County of On this day of , 19. . ., before me (name and title of officer ) came , personally known to me ( or, proven by the oath of ) and to me known to be the person described in and who executed the within (or, foregoing) instrument (or, conveyance, or, deed) and acknowledged that he executed the same for the uses and purposes therein mentioned. Witness my hand and official seal on the date in this certificate first above written. (SEAL.) (Signature and title of officer.) No. 61. Acknowledgment of Husband and Wife. Before me ( name and title of officer ) on this day of , 19. . . , personally came and , his wife, both personally known to me ( or, proved by the oath of ) , and to me known to be the several persons described in and who severally executed the within con- " While all certificates of acknowl- tlcatlon as to the official character of edgment must be under seal, there seems the officer, to be no provision requiring an authen- "• Id. ACKNOWLEDGMENTS. 49 veyance, and they Severally acknowledged to me that they executed the same for the uses and purposes therein mentioned ; and the said being by me examined separate and apart from her husband, acknowledged that she executed the same freely and voluntarily and without compulsion, constraint, apprehension, or fear of or from her husband. Witness my hand and official seal on the date in this oertWicate above written. (SEAi.) (Signature and title of officer.) No. 62. Proof by Subscribing Witness. STATE OF FLORIDA, ) ' [• ss. : County of ) On this day of , in the year one thousand nine hundred , before me ( name and title of officer ) personally appeared , whose name is affixed as a, subscribing witness to the foregoing deed between and , and who, being duly sworn, did depose and say, that the said duly signed, sealed, and delivered tho foregoing deed to the said , as his act and deed, in the presence of him, the said [witness] and also in the presence of , the other sub- scribing witness to said deed, who then, at the request of the said [grantor] duly signed and attested the same in the presence of the deponent and of the said , the grantor. Witness, etc. (SEAL.) (Signature and title of officer.) GEORGIA. Deeds may be attested and acknowledged within the State before a judge of a court of record, justice of the peace, notary public, or clerk of the Superior Court. (Code 1895, § 3620.) Without the StatefiS before a commissioner of deeds for Georgia, consul, vice-consul of the United States, judge of a court of record in the State where executed, clerk of a court of record, notary public. (Id., § 3621.) " The statute covering the subject of such court of the genuineness of the slg- authenticatlon of certificates of aclinowl- nature of such Judge, or by a cierli of a edgment, when taken without the State, court of record under the seal of the reads as follows: court, or by a notary public of the State " To authorize the record of a deed to and county where executed, with a cer- realty or personalty, when executed out tiflcate under the seal of the court from of the State, the deed must be attested the clerk of the court under which the by or acknowledged before a commls- notary holds his appointment, or if ap- sloner of deeds for the State of Georgia, pointed by the governor, then with a or a consul or vice-consul of the United certificate from the secretary of state, States (the certificate of these ofllcers certifying that said notary was at the under their seal being evidence of the time of the execution of the deed regu- faet), or by a Judge of a court of record larly commissioned and authorized by in the State where executed, with a cer- law to attest deeds and take acknowl- tificate of the clerk under the seal of edgments thereof." Code 1895, § 3261. 4 50 cleek's assistant. While, pefhaps, a seal under Georgia laws is not absolutely essential to a deed, it is much the better practice to use it in view of the provision of sec- tion 3650 of the Code of 1895, which declares that "A consideration is essen- tial to a contract which the law will enforce. An executory contract, without such consideration, is called a nudum pactum, or naked promise. In some cases a consideration is presumed and an averment to the contrary will not be received. Such are generally contracts under seal," etc. There must be two witnesses (Code 1895, § 3599), and when one of the witnesses is an officer authorized to attest or take acknowledgments, the deed may be recorded without an acknowledgment if such witness attestsSS the execution of the deed. A wife should join with her husband in a deed to release dower. (Id., §§ 3622, 4689.) No. 63. Acknowledgment. No form is prescribed by the statute except where a married woman is one of the grantors, as to which see form below, No. 64. The form for Arkansas has been held sufficient, when anything further is done than to " attest " the deed as explained in the text and notes. It is the usual practice in Georgia to merely attest deeds, and this applies to those executed by corpo- rations as well as natural persons. No. 64. Ackno-wledgment by Married Woman. (Code 1895, § 3622.) When a married woman has any interest in lands to be conveyed she must join with her husband in the deed " and sign and seal the same before an officer authorized to attest deeds, declaring before said officer that she has joined with her husband in the alienation of said lands and tenements of her own free will and consent without any compulsion or force used by her said husband to oblige her to do so; which declaration shall be made in the following words, or words to like effect, viz. ; ' I, A. B., the wife of C. D., do declare that I have freely and without compulsion signed, sealed, and delivered the above instrument of writing, passed between D. E. and C. D., and I do hereby renounce all title or claim of dower that I might claim or be entitled to, after the death of C. D., my said husband, to or out of the lands or tenements therein conveyed.' And the said officer shall indorse upon the deed the acknowledgment of the said feme covert made before him, and sign the same." (Code 1895, § 3622.) 66 The general practice in Georgia Is to title of office and affixes his seal, which have an officer who is authorized to talse has the same effect as an acknowledg- acknowledgments subscribe his name as ment, except where a married woman is a witness under the words " signed, a party to the deed, when there must be sealed, and delivered," or the words a separate acknowledgment indorsed on sometimes used are " signed, sealed, de- the deed, as shown by the form in the livered, and attested in presence of." text. The officer then signs his name with his ACKNOWLEDGMENTS. 51 IDAHO. AcknowledgmentB may be taken within the Territory before a judge or clerk of a court of record, county recorder, notary public, or justice of the peace. (E. S. 1887, § 2951.) Without the Territory and within the U. S., before a justice, judge, or clerk of any court of the United States, or of any State or Territory, a commissioner appointed by the governor, notary public, any officer authorized by a State or Territory to take acknowledgments. (Id., § 2952.) Without the U. S., before a minister, commissioner, chargg d'affaires, consul or vice-consul of the United States, judge of a court of record, commissioner appointed by the governor, notary public. (Id., § 2953.) A seal is customary but not required (Id., § 2920) and may be ?. scroll. (Id.^ § 5989.) One witness is sufficient to proves? the instrument where not ac- knowledged. (Id., § 2964.) Busband should join with wife in conveyance of her separate property. (Id., §§ 2498, 2922.) As no dower or curtesy is allowed (Id., § 2506) it does not appear to be necessary for the wife to join in the husband's deed except where homestead is conveyed (Id., §§ 2921, 3040), and when wife is party to an instrument conveying land, there must be a separate acknowledgment by her. (Id., § 2922.) No. 65. Acknowledgment. (E. S. 1887, § 2958.) TEEEITOEY OF IDAHO, | „ County of , ) On this day of , in the year one thousand nine hundred , before me (here insert name and quality of officer) personally appeared , known to me ( or, proved to me on the oath of ) * to be the person whose name is subscribed to the within instrument,! and acknowledged to me that he (or, they) executed the same. (SEAi,.) (Signature and title of officer.) No. 66. Acknowledgment by Married Woman. (E. S. 1887, § 2960.) (As in No. 65 to t, then as follows: ) Described as a married woman; and upon an examination without the hearing of her husband I made her acquainted with the contents of the instrument, and thereupon she acknowledged to me that she executed the same and that she does not wish to retract such execution. (SEAL.) (Signature and title of officer.) " The provisions of the statute of Idaho as to the proof of a deed In lieu of an acknowledgment follow precisely those of California, which see. 52 cleek's assistant. No. 67. Ackno'wledgiii.ent by Corporation. (R. S. 1887, I 2959.) (As in No. 65 to the *, then as follows: ) to be the president (or, the secre- tary) of the corporation that executed the InstrumentSS and acknowledged to me that such corporation executed the same. (SEAL.) (Signature and title of officer.) No. 68. By Attorney in Pact. (R. S. 1887, § 2961.) ■ (As in No. 65 to t, tlien as follows : ) as the attorney in fact of , and acknowledged to me that he subscribed the name of thereto as principal, and his own name as attorney in fact. (SEAL.) (Signature, etc.) ILLINOIS. Acknowledgments may be taken within the State, before a master in chan- cery, notary public. United States commissioner, circuit or county clerk, justice of the peace, any court of record having a seal, or any judge or clerk thereof. (R. S. 1898, c. 30, § 20.) Without the State and within the U. 8., be- fore a justice of the peace,60 notary public. United States commissioner, com- missioner of deeds, mayor of a city, clerk of a county, judge, justice or clerk of the Supreme Court or any Circuit or District Court of the United States; any judge, justice, or clerk of the Supreme, Circuit, Superior, District, county or Common Pleas court of any State or Territory. (Id.) TO Without the U. S., before any court of any republic, State, kingdom, or empire, having a seal, a mayor or chief officer of any city or town having a seal, any minister or secretary of legation, or consul of the United States, or any officer author- "» This wording might appear unsatla- made; Provided, That If any clerk of a factory to careful attorneys, but the court of record within such State, Terrl- form as given exactly follows the etat- tory, or district shall, under his hand and ute. the seal of such court, certify that such •' To a certificate of acknowledgment deed or Instrument is executed and ac- before a justice of the peace " there knowledged or proved in conformity with shall be added a certificate of the proper the laws of such State, Territory, or dia- clerk, under the seal of his office, setting trlct, or It shall so appear by the laws forth that the person before whom such of such State, Territory, or district, duly proof or acknowledgment was made was proved and certified copies of the record a justice of the peace at the time of of such deed, mortgages, or other instrn- making the same." R. S. 1898, c. 30, ments relating to real estate heretofore § 20. In other cases where acknowledg- or hereafter made and recorded in the ments are taken without the State by the proper county may be read in evidence officers specifically mentioned in the stat- as in other cases of such certified copies, ute, the certificate should be under seal, upon such a certificate of conformity to but no other authentication seems neces- the laws of the State, Territory, or dls- sary. trlct where such deeds, mortgages, or '° **An acknowledgment or proof may be other Instruments were made and ac- made In conformity with the laws of the knowledged, being exhibited therewith State, Territory, or district where It is or annexed thereto." Id. ACKNOWLEDGMENTS. 53 ized by the laws of such foreign country to take acknowledgments of con- veyances of real estateJl (Id.) Seal or scroll is necessary, but witnesses are not if acknowledged. The hus- band should join in wife's deed and wife in husband's, but separate examina- tion of wife is not required. (Id., c. 30, §§ 17, 18, 19.) No. 69. Acknowledgment. (R. S. 1898, c. 30, § 26.) STATE OP ILLINOIS, ) y ss. : County of , ) I (here give name of officer and his official title) do hereby certify that (name of grantor, and if acknowledged by wife, her name, and add, "his wife " ) personally known to me to be the same person whose name is ( or, are ) subscribed to the foregoing instrument, appeared before me this day in per- son, and acknowledged that he (she or they) signed, sealed, and delivered the said instrument as his (her or their) free and voluntary act, for the uses and purposes therein set forth.* Given under my hand and (private or official, as the case may be) seal, this day of , 1900. (SEAL.) (Signature and title of officer.) If a homestead is conveyed or affected by the instrument acknowledged, the certificate should contain an additional clause after the *, as follows: includ-, ing the release and waiver of the right of homestead. (R. S. 1898, c. 30, § 27.) No. 70. By Corporation. (Venue.) I, (name and title of officer), do hereby certify that (name of officer of corporation) personally known to me to be the president (or, secretary, or other officer) of the (name of corporation) (or, proved to me by the oath of to be the president, etc. ) , personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared be- fore me this day in person and acknowledged that he signed, sealed, and de- livered the said instrument as the free and voluntary act of the said (name of corporation) for the uses and purposes therein set forth, and that he was duly authorized by resolution of the board of directors of said corporation to execute the same. Given under my hand, etc. " " In case such acknowledgment or to do, shall accompany the certificate proof Is taken other than before a court of such acknowledgment." R. S. 1898, of record, or mayor, or chief officer of a c. 30, § 20, subd. 3. The statute town having a seal, proof that the officer does not specify in what the proof must taking such acknowledgment was duly consist, but see Form No. 21, In this authorized by the laws of his country so chapter. 54 CLEEK''s ASSISTANT. INDIANA. Acknowledgments may be taken within the U. 8.,^2 before any judge or clerk of a court of record, justice of the peace, auditor, recorder, notary public or mayor of a city, commissioner appointed by the governor. (Ann. Stat. 1894, § 3352.) Without the U. /S.,T3 before any minister, chargg d'affaires, or consul of the United States. (Id.) (See also Id., § 3357.) A seal is not necessary. Witnesses not required when deed acknowledged, otherwise one. Husiand must join in conveying lands of wife (Id., § 3340), but separate acknowledgment not necessary. (Id., § 3358.) No. 71. Acknowledgment. (R. S. 1894, § 3367.) 74 STATE OF INDIANA, )^ . County of , ) Before me, E. F. (a judge or justice, as the case may be) this day of , 1900, A. B. acknowledged the execution of the annexed deed {or, mortgage, as the case may be). (SEAL.) (Signature and title of officer.) INDIAN TERRITORY. By act of Congress (26 Stat, at Large, c. 182, p. 81, approved May 2, 1890), the Recording Acts of Arkansas are made applicable to the Indian Territory, and Chapter 126 of Mansfield's Digest of the Laws of Arkansas is specifically mentioned as being adopted. This chapter contains general pro- vision for the recording of deeds, etc., " when properly acknowledged," but the provisions for acknowledgment are not contained in that chapter. As there appears to be no other law on the subject, however, the laws and forms of Arkansas can safely be followed. (See Ann. Stat., Ind. Ter., 1899.) No. 72. Acknowledgment. Follow Arkansas forms. " Acknowledgments taken In another veyance in a foreign country, as herein- State of the United States require no before provided, requires no certificate further proof than the certificate of the other than the official seal of the officer oflScer under seal. If the officer has no taking said acknowledgment." Id., seal, then it Is necessary that the ac- § 3356. knowledgment be " certified by the clerk '* " Or any other form substantially of any court of record of the county In the same shall be a good and sufficient which the officer receiving the acknowl- form of acknowledgment of any deed or edgment resides." Ann. Stat. 1894, mortgage." Ann Stat. 1894, § 3367. § 3354. See Form No. 21, in this chap- New York forms can safely be used ter. for corporations and proof of subscrlb- '" " An acknowledgment of any con- Ing witnesses. ACKNOWLEDGMENTS. 55 IOWA. Acknowledgments may be made within the State before a court having a seal or a judge or clerk thereof, county auditor or deputy, justice of the peace, notary public. (Code 1897, § 2942.) Without the State and toithin V. S., before a judge'B of a court of record, or officer holding the seal thereof, a commissioner appointed by the governor, notary public, or justiceTB of the peace (Id., § 2943), any officer authorized by the laws of a State or Territory to take acknowledgments. (Id., § 2944.) Without the-U. 8., before any ambassador, minister, secretary of legation, consul, vice-consul, charg? d'affaires, consular agent, or any other officer of the United States in a foreign country who is authorized to issue certificates under the seal of the United States, " any officer of a foreign country who is authorized by the laws thereof to certify to the acknowledgment of written instruments.'' (Id., § 2947.) 77 Seal is not necessary, nor are witnesses when deed acknowledged. One wit- ness may prove deed. (Id., §§ 48, 2948.) Bushand and mfe should each join in deed of the other. No. 73. Acknowledgment. (Code 1897, § 2959.) STATE OF IOWA, ) „ . ' >• ss. : County of , ' On this day of , A. D. 19 ... , before me personally ap- peared A. B. ( or, A. B. and C. D. ) , to me known to be the person ( or, persons ) named in and who executed the foregoing instrument * and acknowledged that he {or, they) executed the same as his {or, their) voluntary act and deed. (SEAL.) (Signature and title of officer.) No. 74. By Attorney in Fact. (Code 1897, § 2959.) (As in No. 73 to *, then as follows: ) in behalf of C. D., and acknowledged that he executed the same as the voluntary act and deed of said C. D. (SEAL.) (Signature, etc.) 71 '• When made before a judge or justice of the peace, a certificate under the ofBclal seal of the clerk or other proper certifying officer of a court of record of the county or district, or the secretary of state of the State or Ter- ritory within which such acknowledg- ment was taken, under the seal of his office, of the official character of said Judge or justice, and of the genuineness of his signature, shall accompany said certificate of acknowledgment." Code 1897, § 2943. Formerly this provision of the statute applied to notaries pub- lic also, but they were excepted from the statute by chapter 97, Laws of 1898, so that now a certificate under the seal of a notary public within the United States is sufficient without further au- thentication. For form of certificate of authentica- tion, see No. 76. Absence of such a cer- tificate In a case required by the stat- ute invalidates the acknowledgment. Jones V. Berkshire, 15 Iowa, 248. "Id. " " The certificate of acknowledgment by a foreign officer must be authenti- cated by one of the above-named officers of the United States, whose official writ 56 clerk's assistant. No. 75. By Corporation or Joint-Stock Association. (Code 1897, § 2959.) (Venue.) On this day of , A. D. 19. . ., before me appeared A. B., to me personally known, who being by me duly sworn {or, affirmed), did say that he is the president (or other officer or agent of the corporation or asso- ciation) of (describing the corporation or association), and that the seal affixed to said instrument is the corporate seal of said corporation {or, association), and that said instrument was signed and sealed in behalf of said corporation {or, association) by authority of its board of directors {or, trus- tees), and said A. B. acknowledged said instrument to be the voluntary act and deed of said corporation. (SEAL.) (Signature, etc.) * In case the corporation or association has no seal, omit " the seal affixed to said instrument is the corporate seal of said corporation and that," and add to the end " and that said corporation has no corporate seal." No. 76. Certificate of Authentication, to be Attached to Proof or Acknowledg- ment when Taken Without the State and Within the United States. (Code 1897, §§ 2945, 2946.) STATE OP , \ County of , i. ss.: City or town of , ) I, , clerk of the court in and for said county, which is a court of record having a seal {or, I, , secretary of state of such State or Territory) do hereby certify that , by and bfefore whom the foregoing acknowledgment {or, proof) was taken, was at the time of taking the same, a notary public (or other officer) residing {or, authorized to act) in said county, and was duly authorized by the laws of said State ( Territory or district ) to take and certify acknowledgments or proofs of deeds of land in said State (Territory or district), and that said conveyance and acknowledgment thereof are in due form of law; and, further, that I am well acquainted with the handwriting of said , and that I verily believe that the signature to said certificate of acknowledgment ( or, proof ) is genuine. In witness whereof, I have hereunto set my hand and affixed the seal of the said court {or, State) this day of , A. D. 19. . . (SEAL.) (Signature and title of officer.) ten statement that full faith and credit ture and seal, if he have any." Id., Is due to the certificate of such foreign § 2947. officer shall be deemed sufficient evidence A certificate of acknowledgment under of the qualification of said officer to take the hand and seal of any of the United acknowledgments and certify thereto. States officers mentioned, does not re- and of the genuineness of his slgna- quire further authentication. Id. ACKNOWLEDGMENTS. 57 KANSAS. Acknowledgment may be taken within the State, before a court having a seal, or a judge, justice, or the clerk thereof, justice of the peace, notary public, county clerk, register of deeds, mayor or clerk of an incorporated city. (Gen. Stat. 1897, c. 117, § 10.) Without the State, before a court of record, or clerk or officer holding the seal thereof, commissioner appointed by the governor, notary public, justice of the peace,78 or United States consul. (Id., § 11.) Seals abolished except for corporations. (Id., c. 114, § 8.) Witnesses not necessary where acknowledged, otherwise safer to have two. (Id., u. 117, i§ 5, 14.) Dower and curtesy are abolished and wife can convey own property, so neither need join in deed with the other. (Id., c. 109, § 26; c. 123, § 14.) Forms follow New York. KENTUCKY. Acknowledgments may be taken within the State, before county clerks and their deputies and notaries public. (Gen. iStat. 1899, §§ 501, 515.) With- out the State and within the V. 8., before clerk of a court or his deputy under seal, notary public, mayor of a city, secretary of state, commissioner appointed by the governor, a judge under the seal of his eourt.ra (Id., § 502.) Without the U. 8., before minister, consul, or secretary of legation of United States, secretary of foreign affairs, under his seal of office, judge of a superior court.so (Id., S 503.) Seal does not affect deed. (Id., § 471.) Two witnesses are necessary to prove deed in default of acknowledgment. (Id., § 501.) Husband and wife should join in each other's deed, and wife should be examined separately.80 (Id., §§ 505-508, 1706.) No. 77. Acknowledgment. (Gen. Stat. 1899, c. 29, § 507, subd. 3.) COMMONWEALTH (or KINGDOM OF ), set. ..(■ County or Town, or City or Department or Parish of . . . I, A. B., a (here give his title) do certify that this instrument of writing from C. D., and wife, E. F. {or, from E. F., wife of C. D.), was this day produced to me by the parties (which was acknowledged by the said C. D. to be his act and deed), and the contents and effect of the instrument being explained to the said E. F., by me, separately and apart from her husband, she thereupon declared that she did freely and voluntarily execute and deliver the same to be her act and deed, and consented that the same might be recorded. Given under my hand and seal of office, this day of , 19... (SEAL.) A. B. ™ " If taken before a justice of the wise than above authentication does pot peace, the acknowledgment shall be ac- appear to be necessary, eompanled by a certificate of his ofB- " No authentication appears to be nec- cial character under the hand of the essary other than the certificate of ac- elerk of some court of record, to which knowledgment Itself, the seal of the court shall be affixed." '" Id. Gen. Stat. 1897, c. 117, § 11. Other- 58 CLERK S ASSISTANT. LOUISIANA. Important changes have been made in the laws of this State within the last few years, respecting acknowledgments, and the former somewhat cumber- some practice has been greatly simplified. A description of the former practice would require too much space to be indulged in here. At the present time acknowledgment may be taken within the State before parish lecorders and their deputies, notaries public, and the clerk of the Supreme Court. (Act July 9, 1896, No. 139, p. 218.) Without the State and within the V. S., before commissioners appointed by the governor and any officer authorized by the laws of the StateSi where the acknowledgment is taken, to take proof and acknowledgment of deeds therein. Without the U. jS.,82 before ambassadors, ministers, chargS d'affaires, secretaries of le- gation, consuls-general, consuls, vice-consuls and commercial agents, under their respective seals, " shall have the same force and effect of an authentic act executed in this State." (E. S. 1876, §§ 602, 603, as amd. by Act No. 86, of July 7, 1894.) Seals have no effect on deeds. There should be two male vntnesses over the age of 16, and the officer should also sign as a, witness in addition to the two mentioned, and the practice is to affix his seal also where he signs as a witness. While they do not have doiver in this State, there is a rela- tion between husband and wife which is tantamount to it, and the wife should join in the husband's deed and should be examined separately. The husband must also join in the deed of any property which the wife may own at the time of the marriage or shall thereafter acquire. " Prior to 1896 the method of authenti- cating the official acts of officers of States other than Louisiana in talking acljnowledgments for use in that State were, I believe, peeuiiar to that common- wealth, and are so still as to all such offi- cers except notaries public. The com- missioners appointed by the governor of Louisiana have had, and still have, power to authenticate the acts of all such officers of the States for which they were respectively appointed. Thus, the practice has been after an acknowledg- ment was taken by an officer of a State other than Louisiana to secure a certifi- cate from a Louisiana commissioner in such other State, reciting that such offi- cer was what he pretended to be; that he had power under the laws of such State to take proof and acknowledgments of deeds, and that the acknowledgment was taken and certified in accordance with the laws of the State where he acted. This is still the practice as to all officers except notaries public. Commis- sioners appointed by the governor of Louisiana can take acknowledgments, and their certificates require no further authentication than the signatures and seals of the officers. By an act approved July 8. 1896 (L. 1S96, No. 140, p. 219), it Is provided, " That in all cases in which, under the laws of Louisiana, oaths or ac- knowledgments may now be taken or made before any Louisiana commissioner residing in any other State or Territory of the United States, or in the District of Columbia, the same may be taken or made by or before any notary public, duly appointed in any such State, Ter- ritory, or district; and when certified un- der the hand and official seal of such no- tary, shall have the same force and effect without further proof of the signature, seal, and official character of such notary as if taken or made by or before a Louisiana commissioner residing In such State, Territory, or district." It is obvious from this statute that the better and safer way in every instance is to have acknowledgments taken be- fore either a Louisiana commissioner or a notary public, as all danger of an im- proper authentication is thereby avoided. '^ tinder the act referred to, when ac- knowledgments are taken by any of the United States officers specifically men- tioned, authenticated by his official seal, nothing further in the way of proof of the capacity of the officer is requisite. When taken by officers a uthorized by tlie laws of the foreign country to take ac- knowledgments there m\ist be the usual certificate of authentication from one of the United States officials mentioned. ACKNOWLEDGMENTS. 59 The Statutory authorities for the statements of law herein contained are to be found in a variety of places somewhat scattered. In addition to the citations in the notes, see R. S. 1876, §§ 597-604; Civil Code 1899, arts. 122, 129, 2240, and consult any recent edition of the various Revised Statutes and Civil Codes of the State. No. 78. Acknowledgment. STATE OF LOUISIANA, ]' County of Be it remembered, that on this day of , A. D. 19. .., be- fore me, A. B., a notary public in and for said county and State duly appointed, commissioned, and sworn, personally came C. D., * to me personally known, and signed the foregoing instrument in my presence, and in the presence of the ■ two witnesses whose names are thereunto subscribed as such; and the said C. D. then and there acknowledged that he had executed the said instrument as his free act and deed on the day and year above mentioned, for the considera- tion, uses, and purposes therein set forth. In witness whereof, I have hereunto set my hand and official seal on the date in this certificate first above written. (SEAi..) (Signature and title of officer.) No. 79. By Husband and Wife. (While no form is prescribed by the statute, the following is the one gen- erally used : ) STATE OF ' Us ■ County of , ) Be it remembered, that on this ...... day of , A. D. 19. . ., be- fore me, A. B., a notary public in and for said county and State, duly appointed, commissioned, and sworn, appeared C. D., and E. D., his wife, both personally known to me, and to me known ( or proved to me by the testimony of F. G. and H. I., two good and credible witnesses, by me for that purpose having been first duly sworn) to be the several persons described in, and whose names are sub- scribed as parties to the foregoing (or, within) instrument, and the said C. D. and E. D. signed said instrument in my presence, and that of the two at- testing witnesses, whose names are thereto subscribed; and the said C. D. ac- knowledged that he executed said instrument for the consideration and pur- poses therein expressed. And I examined the said E. D., separate and apart from and out of the presence and hearing of her husband, concerning her free- dom of action in the premises; fully explained to her the nature of said act and its effect upon her rights, and informed her, before receiving her sig- nature to said instrument, that, under the laws of Louisiana, she had a legal mortgage on her husband's immovable property, and a privilege upon his movables, viz.: For the restitution of her dowry, as well as for replacing 60 oleek's assistant. of her dotal effect, brought by her at the time of her marriage, which were alienated by her husband, from the time of the celebration of the marriage; and for the restitution or replacing of the paraphernal eflfects acquired by her during the marriage, either by succession or donation, from the day when the succession devolved upon her, or the donation took effect ; for nuptial presents ; for debts by her contracted with her husband; and for the amount of her paraphernal property alienated by her and received by her husband, or other- wise disposed of for his individual interest. And I informed her that by sign- ing said act she would lose her right upon the property thereby mortgaged ( or, sold ) . Being fully informed as aforesaid of the nature of her rights, and said act, the said E. D. declared that she fully understood the nature of her rights and the effect of her renunciation, but nevertheless persisted in her intention to renounce said rights upon said property, and she declared and acknowledged that she executed said instrument freely and without compulsion or undue influence on the part of her said husband. In witness whereof, I have hereunto set my hand and aflSxed my official seal, on the date in this certificate above written. (SEAL.) (Signature and title of officer.) No. 80. Proof by Subscribing Witnesses. (As in No. 78, to the *, and then, as follows:) one of the subscribing witnesses to the foregoing act of sale (or other instrument), from E. P. to H. M., and the said C. D., after being duly sworn by me, declared that said act was duly executed and signed in his presence, and in the presence of I. J., the other sub- scribing witness, on the day and year, and for all the uses and purposes therein expressed. (Signature of witness.) Sworn to and subscribed before me, on this day of , A. D. 19... (OFFICIAL SEAL.) (Signature and title of officer.) MAINE. AekhowledgmentB may be taken within the State, before justices of the peace, notaries public, and women appointed by the governor for that purpose. Without the State a/nd within V. S., before justices of the peace, magistrates and notaries public. Without the V. S., before ministers, consuls, notaries public. (R. S. 1887, c. 73, § 17.) There is no provision of the statute requiring seals, nor is there any law abolishing them ; therefore, they are probably necessary. One witness is neces- sary to prove execution of deed not acknowledged. Husband and wife should join, each in the other's deed. (R. S. 1883, c. 73.) ACKNOWLEDGMENTS. 61 No. 81. Acknowledgment. STATE OF County of , Town of , December 30, 19. . ., before me personally and severally appeared E. G., and C. G., his wife, to me known to be the persons described in and who executed the foregoing instrument, and severally acknowledged that they did severally sign and seal the same as their free act and deed. P. 0., Justice of the Peace. MARYLAND. Acknowledgments may be taken leithin the State, if in the county or city within which the real estate, or any part of it, lies, before justice of the peace, judge of the Orphans' Court, or judge of the Circuit Lourt for such city or county, or judge of the Supreme bench of Baltimore city, or a notary public; out of the county or city wherein the real estate, or any part of it, lies, before a notary public, any judge of the Circuit Court for the circuit, or Orphans' Court for the county in which the grantor may be, judge of the Supreme bench, or Orphans' Court of Baltimore city; any justice of the peace where the grantor may be, " the official character and genuineness of the signature of the justice being certified by the clerk of the Circuit or Superior Court, under his official seal." (L. 1890, c. 232, p. 257; L. 1892, e. 4, p. 5; amending Code Gen. L., art. 21, §§ 2, 3.) Without the State and loithin the U. jS.,8a before a notary public, judge of any court of the United States, judge of any court of any State or Territory having a seal, commissioner of Maryland. (Pub. Gen. L. 1888, art. 21, § 4.) Without the U. S.,8* before any minister, consul-general, consul, deputy-consul, vice-consul, consular agent, or consular officer of the United States, notary public or commissioner for Maryland. (Id., § 5.) A seal is essential (Id., § 10), and one witness is necessary in all eases. (Id.) Wife need not separately acknowledge deed, but must join with husband to relinquish dower. No. 82. Acknowledgment, STATE OF MARYLAND, ) „„ . County of Harford, ) On this day of December, in the year 19 ... , before me personally came H. L., and M., his wife, to me known to be the several persons described in, and who executed, the within conveyance, and severally acknowledged the same to be their respective act. L. K., Associate Judge. If taken out of the State, add as follows: In testimony whereof, I have affixed my official seal (or, caused the seal of the court to be affixed), this day of , 19. . . ss Tiiere appears to be no requirement " Id. In the statute for authentication other than the seal of the officer. See forio 62 clerk's assistant. MASSACHUSETTS. Acknowledgments may be taken within the State, before justices of the peace, notaries public. {Mass. Pub. Stat. 1882, p. 732, c. 20, § 6.) Without the State and within the U. S., before a justice of the peace, notary public, magistrate or commissioner appointed by the governor, or any officer of any State, Territory, or district authorized by the laws thereof to take proof and acknowledgments of deeds.85 (Mass. Pub. Stat., Sup. 1889-1895, c. 250, p. 993, § 3.) Without the U. S., before a justice, notary, magistrate, com- missioner appointed by the governor, minister, consul, or consular officer of the United States accredited to such country. (Mass. Pub. Stat. 1882, c. 20, p. 732, § 6.) " Before any officer now authorized thereto by the laws of this State, as before any minister, consul, vice-consul, chargg d'aflfaires, or con- sular agent of the United States resident in any foreign country or port. (Id., Rev. 1889-1895, e. 257, p. 994, § 6.) Neither seal nor witness is required to the deed, if acknowledged. Married women need not be examined separately. (Mass. Pub. Stat., c. 253, § 3.) Wife should join with husband in deed to release dower, or she can release it by separate instrument. (Id., c. 124, § 6.) Husband should join in wife's deed. (Id., c. 204, § 1.) No. 83. Acknowledgiaent. (R. S. 1895, c. 253, § 1.) STATE OF MASSACHUSETTS, ) County of , ) On this day of , 19. . ., before me personally appeared A. B. ( or, A. B. and C. D. ) , to me known to be the person * ( or, persons ) de- scribed in and who executed the foregoing instrument and acknowledged that he (or, they) executed the same as his (or, their) free act and deed. (Signature and title of officer.) " By section 6 of chapter 20, Public Territory, or a eertifleate of the clerk of Statutes of Massachusetts, It Is provided a court of record of such State, Terrl- that acknowledgments may be taken In tory, or district, In the county In which any other portion of the United States said officer resides, or jn which he took (other than Massachusetts), before a jus- such proof or acknowledgment, under tlce of the peace, notary public, magls- the seal of such court, stating that such trate or commissioner appointed for the officer was, at the time of taking such purpose by the governor." By section 3, proof or acknowledgment, duly author- Itevlslon 1889-1895, chapter 253, page 993, ized to take acknowledgments and proofs it Is provided that such acknowledgment of deeds of lands In said State, Territory, may be taken by any officer authorized or district, and that said secretary of by laws of the State, etc. The next fol- state, or clerk of court, is well ac- lowlng section, that is section 4, pro- quainted with the handjvritlng of such vides; " To entitle any conveyance or officer, and that he verily believes that written Instrument, acknowledged or the signature affixed to such certificate proved under the preceding section, to of proof or acknowledgment Is genuine." be read in evidence or recorded in this In terms section 4 only Applies to ac- State, there shall be subjoined or at- knowledgments taken by officers men- tached to the certificate of proof or ac- tioned In section 3 of chapter 253, but knowledgment, signed by such officer, a probably section 4 was intended to apply certificate of the secretary of state of the to the officers mentioned Ui section 6 of State or Territory In which such officer chapter 20, also, resides, under the seal of such State or ACKNOWLEDGMENTS. 63 No. 84. By Attorney in Fact. (Id.) (As in Form No. 83 to the *, then as follows:) who executed the foregoing in- strument in behalf of C. D. and acknowledged that he executed the same as the free act and deed of C. D. (Signature, etc.) No. 85. By CorporatioiL or Joint-Stock Association (Id.) ( Venue. ) On this day of , 19. . ., before me appeared A. B., to me personally known, who, being by me duly sworn ( or, affirmed ) , did say that he is the president (or other officer or agent of the corporation or association) of (describing the corporation or association), the corporation described in the foregoing instrument, and that the seal affixed to said instrument is the cor- porate seal of said corporation (or, association), and that said instrument was signed and sealed in behalf of said corporation ( or, association ) , by authority of its board of directors ( or, trustees ) , and said A. B. acknowledged said in- strument to be the free act and deed of said corporation ( or, association ) . ( Signature and title of officer. ) If the corporation has no seal, so state in the certificate. •' \ss.. No. 86. Certificate of Authentication. (Mass. Pub. Stat., c. 2,53, § 5.) STATE OP County of I, , clerk of the , in and for said county, which court is a court of record, having a seal ( or, I, , the secretary of state of such State or Territory ) , do hereby certify that , by and before whom the foregoing acknowledgment (or, proof) was taken, was, at the time of taking the same, a notary public ( or other officer ) , residing ( or, authorized to act) in said county, and was duly authorized by the laws of said State (Territory or District) to take and certify acknowledgments or proof of deeds of land in said State (Territory or District), and further, that I am well ac- quainted with the handwriting of said , and I verily believe that the signature to said certificate of acknowledgment ( or, proof ) is genuine. In testimony whereof, I have hereunto set my hand and affixed the seal of said court (or, State) on this day of , 19. . . (SEAL.) (Signature and title of officer.) 64 MICHIGAN. Acknowledgments may be taken within the State, before any judge or com- missioner of a court of record, notary public, justice of the peace, or master in chancery. (Comp. L. 1897, § 8962.) Without the State and within the U. S.,86 before any judge of a court of record, notary public, justice of the peace, master in chancery, or other officer authorized by the laws of such State, Ter- ritory, or district, to take the acknowledgment of deeds therein, or commis- sioner appointed by the governor. (Id., § 8963.) Without the U. 8., before a notary public, minister plenipotentiary, extraordinary or resident, charge d'affaires, commissioner, or consul of the United States.87 (Id., § 8965.) Seal is necessary to deed (Id., § 89.56), and two witnesses. (lA., § 8962.) Wife should join in husband's deed, but no separate acknowledgment required. (Id., § 9021.) rorms.88 Michigan has adopted the forms recommended by the American Bar As- sociation some years ago, and they are the same as those given for Massa- chusetts (Comp. iL. 1897, § 9020), including the clerk's certificate of au- thentication. (Id., § 9024.) See Forms Nos. 83 to 86. Except that where the acknowledgment is according to the laws of the State where taken, in- stead of the laws of Michigan, the certificate of authentication must certify that the deed is executed and acknowledged according to the laws of such State, Territory, or district. MINNESOTA. Acknowledgments may be taken within the State, before judges and clerks of the Supreme, District, and Probate Courts, notaries public, justices of the peace, registers of deeds, court commissioners, county auditors (E. S. 1894, § 5644), clerks of the Circuit and District Courts of the United States (Id., § 5638), deputy clerks of courts (Id., § 859), State park commissioner (Id., § 4056), town and city clerks and recorders. (Id., § 5639.) Without the State and within V. ^.,89 before commissioners appointed by the governor, chief and associate justices of United States Supreme Court, judges of United '" " Unless the acknowledgment be State, Territory, or district." Comp. L. taken before a commissioner appointed 1897, § 8964. by the governor of this State for that " " Which acknowledgment shall be purpose, the officer taking such acknowl- certified thereon by the officer taking the edgment shall attach thereto the seal same -under his hand, and if taken before of his office, and if such acknowledgment a notary public his seal of office shall be be taken before a justice of the peace or affixed to such certificate" Comp L. other officer having no seal of office, such 1897, § 8965. deed or other conveyance or instrument " " When any grantor shall die or shall have attached thereto a certificate depart from or reside out of this State of the clerk or other proper certifying not having acknowledged his deed, the officer of a court of record of the county due execution thereof may be proved by or district, or of the secretary of state any competent subscribing witness of the State or Territory within which thereto, before any court of record in such acknowledgment was taken under this State." Comp. L. 1897, § 8969. the seal of his office, that the person " If all the subscribing witnesses to whose name is subscribed to the cer- such deed shall be dead, or out of this tifleate of acknowledgment was, at the State, the same may be proved before date thereof, such officer as he is therein any court of record in this State, by represented to be, and that he believes proving the handwriting of the grantor, the signature of such person to such cer- and of any subscribing witness." Id., tifleate of acknowledgment to be genu- § 8970. ine, and that the deed is executed and " If made by an officer having a seal, acknowledged according to laws of such and such seal is attached, no further au- ACKNOWLEDGMENTS. 65 States District Court, judges or justices of the Supreme, Superior, Circuit, or other court of record of any State, Territory, or district, and the clerics of such courts, notaries public, justices of the peace. (Id., § 4166.) Without the U. 8., before any minister plenipotentiary, extraordinary or resident, chargfe d'affaires, commissioner or consul of the United States, notaries public.M (Id., § 4169.) A seal is customary, and two mtnesses requisite in all cases. (Id., § 4166.) Wife should join in deed of homestead, and husband should join in all deeds of wife. (Id., §§ 4161, 5651.) Forms. Minnesota forms are those recommended by the American Bar Association, and are precisely like those in use in Massachusetts. (R. S. 1894, § 5650.) See Forms Nos. 83 to 86. MISSISSIPPI. Acknowledgments may be made tcithin the State, before a judge of a United States, a Supreme, or a Circuit Court, clerk of a court of record, notary pub- lic, justice of the peace, mayor of a city, town, or village, member of the board of supervisors. (Code 1892, § 2464.) Without thu State and within the (J. /S.,91 before a justice of any United States court, or of the Supreme or Su- perior Court of any State or Territory, justice of the peace, notary public, clerk of a court of record having a seal, commissioners appointed by the gov- ernor. (Id., § 2466.) Without the V. t9.,92 before any court of record, mayor or chief magistrate of any city, borough, or corporation, commissioner ap- pointed by the governor, ambassador, foreign minister, secretary of legation, or consul of the United States. (Id., § 2467.) Seal not required (Id., § 408 1 ) , nor witnesses, \i acknowledged ; one required to prove instrument for record. (Id., §§ 2433, 2434.) Dower and curtesy are abolished (Id., § 2291), and wife can convey her own property as if un- married. (Id., § 2289.) In case of homestead, it seems husband and wife should join in deed. (Id., §§ 1984, 1985.) No. 87. Acknowledgment. (Code 1892, § 2465.) STATE OF MISSISSIPPI, ) ^^ . County of , ' Personally appeared before me (state name and title of officer), the within- named C. D., who acknowledged that he signed and delivered the foregoing instrument of writing on the day and date therein mentioned. Given under my hand (and seal, if the officer have a seal), this day of , 19... (SEAi,.) (Signature and title of officer.) thcntlcatlon Is necessary. Otherwise It In case of justices of the peace " whose is requisite to have clerls's certificate, as official character shall be certified under to which see either New York or Masaa- the seal of some court of record in his chusetts form. R. S. 1894, | 4168. county, or before any commissioner re- "" When executed in a foreign country siding in such State or Territory who before any officer except those of tlie may be appointed by the governor of United States mentioned, there should this State to take acknowledgments and be a certificate of authentication from proof of conveyances." Code 1892, one of the United States officials sped- § 2466. fled. Id., § 4169. " No authentication necessary, ap- " No authentication necessary, except parently. 5 66 No. 88. Proof by Subscribing Witness. (Code 1892, § 2465.) ( Venue. ) Personally appeared before' me (give name and title of officer) C. D., one of the subscribing witnesses to the foregoing instrument, who, being first duly sworn, deposeth and saith, that he saw the within {or, above) named A. B., whose name is subscribed thereto, sign and deliver the same to said E. F. (or, that he heard the said A. B. acknowledge that he signed and delivered the same to the said E. F.) ; that he, this affiant, subscribed his name as a wit- ness thereto in the presence of the said A. B. Oiven under my hand ( and seal, if the officer have a seal ) , this, the day of , 19... (SEAi,.) (Signature and title of officer.) MISSOURI. AcknowledgmentsSS may be taken within the State, by a court having a seal, or a judge, justice, or clerk thereof, a notary public, justice of the peace. (Code 1899, § 908.) Without the State and within the U. 8., by a notary public, any court of the United States, or of any State or Territory, having a seal, or any clerk thereof, commissioner appointed by the governor. (Id.) Without the V. 8., by a court of any State, kingdom, or empire, having a seal, mayor, or chief officer of any city or town, having an official seal, any minister or consular officer of the United States, or notary public, having a seal. (Id.) The use of private seals, except by corporations, is abolished. (Id., § 893.) Witnesses not required, if acknowledged and one sufficient to prove execution for record. (Id., § 914.) Married women should join in husband's deed to re- linquish dower. (Id., |§ 901, 902.) Forms. The forms adopted under the Code of 1899 are those recommended by the American Bar Association. See Massachusetts Forms, Nos. 83 to 86. MONTANA. Acknowledgments may be taken within the State, before a, justice, or clerk, of the Supreme Court, or a judge of the District Court in any part of the State; before a clerk of a court of record, county clerk, notary public, or jus- tice of the peace, within the city, county, or district for which the officer was elected or appointed. (Civil Code 1895, §§ 1600, 1601.) Without the State and within, the U. /S.,8* before a justice, judge, or clerk of a court of record of •" Such certificate (of acknowledgment) office, under the hand of such officer." shall be: First, when granted by a court Code 1899, § 911. And the certificate under the seal of the court; second, must " be Indorsed on such conveyance." when granted by the clerk of the court. Id., § 910. under the hand of the clerk, and the No further authentication seems to be seal of the court of which he Is clerk; necessary. third, when granted by an officer who '* No authentication further than the has a seal of office, under the hand and seal of the officer taking the acknowledg- officlal seal of such officer; fourth, when ment appears to be necessary, except granted by an officer who has no seal of where Justices of the peace take acknowl- ACKNOWLEDGMENTS. 67 the United States, or of any State or Territory, a connnissioner appointed by the governor, notary public, or any officer authorized by the State or Territory where the acknowledgment is made, to take such proof or acknowledgment. (Id., § 1602.) Without the U. 8., 96 before a minister, commissioner, chargfi d'affaires, consul, vice-consul, or consular agent of the United States, judge of a court of record, commissioner appointed by the governor, notary public. (Id., § 1603.) Or by a deputy of any of the above-mentioned officers, when either of them is by law authorized to appoint a deputy. (Id., § 1604.) Seals to deeds are not necessary. (Id., § 2191.) Witnesses not necessary when acknowledged. Married woman need not be examined separately, and her acknowledgment is taken in same manner as that of other persons. (Id., §§ 1606, 1607.) Should join with her husband in deed to relinquish dower (Id., § 228) , or to convey homestead. (Id., § 1675.) No. 89. Acknowledgment. (Code 1895, § 1609.) STATE OF MONTANA, ) ^^ . County of , ) On this day of , 19 . . . , before me, a notary public (judge or other officer, as the case may be), personally appeared A. B., known to me ( or, proved to me by the oath of ) to be the " person whose name is subscribed to the within instrument, t and acknowledged to me that he exe- cuted the same. ( Signature and title of officer. ) No. 90. By Corporation. (Code 1895, § 1610.) (As in No. 89 to *, then as follows : ) president {or, secretary) of the corpora- tion that executed the within instrument, and acknowledged to me that such corporation executed the same. (Signature, etc.) No. 91. By Attorney in Fact. (Code 1895, § 1612.) (As in No. 89 to the t, then as follows:) as the attorney in fact of , and acknowledged to me that he subscribed the name of thereto as principal, and his own name as attorney in fact. (Signature, etc.) edgments In one county of deeds to lands take the same, and that the clerk Is ac- in another, In which case there must be qualnted with his handwriting, and be- a certificate, " under the hand and seal Ueves that the signature to the original of the clerk of the county In which the certificate is genuine." Civil Code 1895, justice resides, setting forth that such S 1614. justice, at the time of making such proof '= Id. or acknowledgment, was authorized to 68 cleek's assistant. NEBRASKA. Acknowledgments may be made within the State, before judge or clerk of any court, justice of the peace, or notary public. (Comp. Stat. 1899, § 4094.) Without the State and within the U. /S.,96 it must be executed and acknowl- edged or proved, either according to thie laws of such State, Territory, or Dis- trict, or in accordance with the law of this State, and such acknowledgment shall be made before, and certified by, any officer authorized by the laws of such State, Territory, or District, to take and certify acknowledgments, or by a commissioner of deeds appointed by the governor of this State for that purpose. ( Id., § 4095. ) Without the U. S.,9T before a notary public, minister plenipotentiary, extraordinary or resident, or charge d'affaires, commissioner, commercial agent, or consul of United States. Seal not necessary. (Comp. Stat. 1899, § 4092.) One loitness required, (Id.) Married woman should join in deed with husband to bar dower (Id., § 4136), and can convey separate property as if unmarried. (Id., § 4135.) !• ,M. ; No. 92. Acknowledgment. STATE OF NEBRASKA, County, Be it remembered, that on the 11th day of May, 1898, before me, the sub- scriber (stating title of court or person before whom the acknowledgment was taken), personally came L. B., and C, his wife, personally known to me to be identical persons described in, and who signed the foregoing deed, as the parties thereto, and acknowledged that they severally executed the same as their voluntary act and deed for the uses and purposes therein mentioned. (Signature and title of officer.) NEVADA. Acknowledgments may be taken within the State, before a judge or dark of a court having a seal, notary public, or justice of the peace.88 Without the State and unthin V. 8., before a judge or clerk of any court of the United States, or of any State or Territory, having a seal, commissioner appointed bj the governor, justice of the peaoe.99 Without the U. 8., before a judge or clerk of any court of any State, kingdom or empire, having a seal, a notary " In all cases when taken without the such officer to be genuine, and that the State and within the United States be- deed or other Instrument is executed and fore any officer except a commissioner acknowledged according to the laws [if appointed by the governor "the deed such is the case] of such State, district, or other instrument shall have attached or Territory." Comp. Stnt. 1899, § 4097. thereto a certificate of the clerk of a " In foreign countries no authentica- court of record, or other proper certi- tion is necessary further than the seal tying officer of the county, district, or of notaries public. The other officers State within which the acknowledg- mentioned may take acknowledgments ment or proof was taken, under the seal under their hand. Id., § 4098. of his office, showing that the person " Certificate of clerk necessary If whose name Is subscribed to the certifl- taken by justice of county other than eate of acknowledgment was at the date that in which the deed is to be recorded, thereof such officer as he Is therein rep- Gen. Stat. 1885, § 2572. resented to be; that he is well acquainted " When by Justice of the peace with- with the handwriting of such officer: out the State and within the United that he believes the said signature of States, It " accompanied with the certifl- ACKNOWLEDGMENTS. 69 public, minister, commissioner, or consul of the United States. (Gen. Stat. 1885, § 2572.) A seal is not necessary to the deed. (Id., § 2667.) Witnesses are not neces- sary if acknowledged, unless grantor cannot write, when one is requisite who can write (Id., § 2666), and one is necessary to proved unacknowledged in- strument. No. 93. Acknowledgment. (L. 1893, c. 71. )2 ^'Iss.: STATE OF NEVADA, County of On this day of , A. D. 19 . . . , before me, a notary public (or, judge, or other officer, as the case may be), in and for said county, per- sonally appeared A. B., * known to me to be the person described in, and who executed the foregoing instrument, who acknowledged to me that he executed the same freely and voluntarily, and for the uses and purposes therein men- tioned. In witness whereof, etc. (SEAL.) (Signature and title.) No. 94. By Orantor Unknown to Officer. (Gen. Stat. 1885, § 2578.) (As in Form No. 93, to *, and from thence as follows:) satisfactorily proved to me to be the person described in, and who executed the within conveyance, by the oath of C. D., a competent and credible witness, for that purpose by me duly sworn, and he, the said A. B., acknowledged that he executed the same freely and voluntarily, for the uses and purposes therein mentioned. In witness whereof, etc. (SEAL.) E. F. (Official title.) No. 95. By Husband and Wife. (Venue.) On this day of , A. D. 19. . ., before me, » notary public ior, judge, or other officer, as the case may be) in and for said county, per- flate of the clerk of u court of record of " executed In accordance with the laws the county having a seal, as to the ofB- of the State," etc. dal character of the Justice and the ' The forms given for New York are authenticity of his signature." Gen. sufficient when a deed Is proved by a Stat. 1885, § 2572. subscribing witness. Notaries public In other States are ^ The statute of 1893 (chap. 71), pro- nowhere specifically mentioned as being vldes " that In all eases where acknowl- anthorlzed to take acknowledgments, edgments have been made, or may here- but under the act of 1893, quoted post, after be made, by nonresidents of this it would seem that notaries- would be en- State, conveying the title to real prop- titled to act In taking acknowledgments, erty situated in this State, and such cer- as the acknowledgment would then be tlficate of acknowledgment Is executed In 70 click's assistant. sonally appeared A. B., and C. B., his wife, both personally known to me to be the persons described in, and who severally executed the foregoing instru- ment (or satisfactorily proved to me to be the persons described in, and who executed the within conveyance by the oath of C. D., a, competent and credible witness, for that purpose by me duly sworn), and they severally acknowledged that they severally executed the same freely and voluntarily for the uses and purposes therein mentioned. And the said C. B., upon a separate examina- tion, apart from and without the hearing of her husband, was, by me, made acquainted with the contents of such conveyance, and she thereupon acknowl- edged that she executed the same freely and voluntarily, without fear or com- pulsion, or undue influence of her said husband, and declared that she did not wish to retract the execution of the same. In witness whereof, etc. (Signature, etc.) NEW HAMPSHIRE. Acknowledgments may be taken within, or without the State,^ before jus- tices, notaries public, and commissioners. Without the U. S.,* before min- isters and consuls of the United States. (Pub. Stat. 1891, c. 137, § 3.) Seal and two witnesses necessary in all eases. (Id.) Wife should join in conveyance, but no separate examination required. (L. 1899, u. 16.) Forms. The forms used in New York or Massachusetts are good in New Hampshire. NEW JERSEY. Acknowledgments may be taken within the State, before the chancellor, com- missioner of deeds, justice of the Supreme Court, master in chancery, judge of the Court of Common Pleas, surrogates and deputy surrogates. (Gen. Stat. 1895, vol. 1, p. 853, § 4; p. 871, § 99.) Without the State and within V. 8., before a justice of the United States Supreme, Circuit, or District Court, a, justice or judge of the Supreme or Superior Court, or the chancellor of any State or Territory of the Union, or of the District of Columbia, any foreign commissioner of deeds for New Jersey, master of chancery for New Jersey, a mayor, or other chief magistrate of any city under the seal of such city, judge of a Court of Common Pleas.B (Id., p. 853, § 7.) "Any officer in some other State in the Union, or Territory thereof, authorized at the time of such proof or acknowledgment, by the laws of the State or Territory wherein such proof or acknowledgment shall be, or shall have been made or taken, to take the proofs and acknowledgments of deeds, or conveyances of lands, tenements, or accordance with the laws of the State or ° " Where the said acknowledgment or Territory where such grantor resides, proof is made before a judge of a Court every such certificate shall have the of Commou Pleas in such State, district, same force and effect, and such convey- or Territory, a certificate, under the anee shall be of equal validity as though great seal of the State, or under the seal such certificate contained the form and of the County Court in which it Is made, language prescribed in this section." that he is such officer, shall be deemed ' The statutes contain no provision for sufficient evidence of his authority for the authentication of certificates made that purpose and be annexed to and re- by officers without the State. corded with such deed, aclinowledgment, • Id. or proof." Gen Stat. 1895, vol. 1, p. 854, 7. ACKNOWLEDGMENTS. 71 hereditaments, lying and being in such State or Territory, shall be as good, valid," etc.* (Id., p. 863, S 63.) Without the V. 8., before any public minis- ter, consul, vice-consul, charge d'affaires or other representative of the United States, any court of law, notary public, mayor or other chief magistrate of any city, borough, or corporation of a foreign kingdom. State, nation, or colony, " certified by said officers in the manner such acts are usually authen- ticated by them, shall be as good and effectual as if it had been made in this State, before, and certified by one of the justices of the Supreme Court of this State" (Id., p. 868, § 88), master in chancery for New Jersey. (Id., p. 871, I 99; Act March 14, 1893, P. L. 1893, p. 269.) Beal or scroll necessary. One witness required to prove deed. Hushand and toife should each join in the other's deed, and wife should be separately examined. (Id., pp. 1413, 2336, 854.) No. 96. Acknowledgm.ent.T STATE OF NEW JERSEY, ) ^^ . County of Essex, Town of Rahway, ) On this day of , 19..., personally before me, A. B. (title of officer), came C. D., and E., his wife, who I am satisfied are the grantors mentioned in, and who executed the above deed, and having first made known to them the contents thereof, they severally acknowledged that they executed the same for the uses and purposes therein mentioned ; and the said E., 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. A. B., etc. No. 97. By Subscribing Wltness.s (Venue.) On this day of , A. D. 19. . ., before me, A. B. (title of officer), personally came G. H., personally known to me, a subscribing witness to the foregoing deed from C. D. to E. F., and said G. H., being by me first duly sworn, did say that said grantor, C. D., signed, sealed, and delivered ' " Provided, That such acknowledg- ments or hereditaments In such State or ment or proof, and the certificate thereof Territory, which said last-named certlfl- shall, in all other respects, conform to cate shall have been or be recorded with the laws of this State, and that each cer- such deed or conveyance." Act Apr. 4, tlflcate thereof shall be accompanied by 1876, P. L. 1876, p. 71; Gen. Stat. 1895, a certificate under the great seal of the vol. 1, p. 863, { 63. State or Territory, or under the seal of ' The certificate of such acknowledg- some court of record of the county In ment or proof " shall be written upon or which It was or shall be made, that the under the said deed of conveyance." officer before whom such proof or ac- Gen. Stat. 1895, vol. 1, p. 853, title Con- knowledgment was or shall be made was, veyancee, 8 4. at the time of the taking of such proof ' It must appear by the oath of the or acknowledgment, authorized by the witness that he is such witness; a mere laws of such State or Territory to take statement of that fact in the certificate the acknowledgments and proofs of without such oath is insufflclent. Harker deeds or conveyances for lands, tene- r. Gustln, 7 Hal. 42. 72 CLBEK S ASSISTANT. said deed as his voluntary act and deed in the presence of said G. H., and said G. H. thereupon subscribed his name as a witness thereto in the presence of, and at the request of said C. T>. In witness whereof, etc. ( Signature and title of officer. ) NEW MEXICO. Acknowledgments may be taken within the Territory, before any judge, justice of the peace or clerk of court having a seal, or notaries public having a seal. Without the Territory a/nd within the V. 8., before any United States court or court of any State or Territory having a seal, or judges or clerk of such court. Without the U. 8., before any court having a seal in any State, kingdom or empire, or by the magistrate or supreme power of any city, who may have a seal, clerk of any court of record having a seal, notary public having an official seal, consul, vice-consul of the United States having a seal,, judgeio of any court of record having a seal. (Comp. L. 1897, §§ 3944, 3970.) The statutes do not specifically require a seal, but as they have not abolished sea/ls they are doubtlessly required on deeds. A scroll is sufficient. (Id., § 3932.) Two witnesses are necessary to .prove instrument when not ac- knowledged. (Id., § 3949.) Husband must join with wife in conveying her property. , (Id., § 3950.) Wife should join in husband's deed, but separate acknowledgment not necessary. (Id., § 3946.) Forms. New Mexico has adopted the forms recommended by the American Bar Aeaociation. See Massachusetts, Forms Nos. 83 to 86. NORTH CAROLINA. (By chapter 235 of the Laws of 1899, section 1246 of the Code and other fragmentary provisions of the law relating to acknowledgments were re- pealed and were consolidated with some amendments in that act.) Acknowledgments may be made toithin the State, before justices of the Supreme Court, judges of the Superior Court, commissioners of affidavits, Clerk of the Supreme Court, clerks and deputy clerks of the Superior Court, clerks of the criminal courts, notaries public, justices of the peace.n (L. 1899, c. 235, § 1.) Without the State,^^ before a judge or clerk of a court of record, notary public, mayor or chief magistrate of an incorporated town or city, ambassador, minister, consul or commercial agent of the United States. (Id., § 5.) • " The genuineness of the signature of " " When taken before a justice of a said judge and his official character shall county other than the one in which the be certified to by the olerk of said court land is situated, there must be a certlfl- under the seal thereof." Comp. L. 1897, cate of the 'clerk of the Superior Court S 3970. of the county in which said justice of the 10 ■• The genuineness of the Judge's sig- peace resides, that such justice of the nature and official character must be cer- peace was, at the time his certificate tlfled to by some officer having an official bears date, an acting Justice of the seal under his charge; all of which said peace of such county, and that such jus- officers out of the United States must tlce's general signature is set to his cer- have their official character certified to in tificate.' " L. 1809, c. 235, § 4. the usual manner, to Identify them." Id., " See Note to form of certificate of au- { 3970. thentlcatlon, port. ACKNOWLEDGMENTS. 73 Seal or scrdH should be affixed to deed. Witnesses necessary only to proTe execution in default of acknowledgment. Husband and wife should each join in the other's conveyance, and wife should be separately examined. No. 98. By Husband and Wife. (L. 1899, u. 235.) STATE OF NORTH CAROLINA, ) ^^ . County, I I, A. B. (here give the name of officer, as the case may be), do hereby certify that C D. (here give the name of grantor, and if acknowledged by wile, her name, and add " his wife " ) personally appeared before me this day and ac- knowledged the due execution of the foregoing {or, annexed) deed of convey- ance (or other instrument), and (if the wife is a signer) the said (here give wife's name ) wife of ( give husband's name ) , being by me privily examined, separate and apart from her said husband, touching her voluntary execution of the same, doth state that she signed the same, freely and voluntarily, without fear or compulsion of her said husband, or any other person, and that she doth still voluntarily assent thereto. Witness my hand and seal (private or official, as the case may be) this (day of month), A. D. (year). (SEAL.) (Signature of officer.) No. 99. Certificate of Correctness of Acknowledgment. (L. 1899, c. 235.) STATE OF County, The foregoing {or, annexed) certificate of A. B., a justice of the peace of county, is adjudged to be correct. Let the deed ( or other instru- ment) -with the certificate be registered. (SEAi. OF THE C0T7BT.) (Signature of the clerk.) ■ ■ • • i ss. . 7, ' No. 100. Certificate of Authentication.!* (L. 1899, c. 235.) • • ' !• ss. .- y> ' STATE OF County, I (here give name and official title of clerk of court of record) hereby cer- tify that A. B. (insert the name of oflicer taking the proofs, etc.) was at the " When the acknowledgment Is taken taken by any other officer who has an by d justice of the peace of any State, official seal no further authentication Territory, or district of the United States Is necessary; but if such officer does not other than North Carolina, or in any for- have a seal, then a certificate from tlie elgn country, the above certificate Is re- clerk of a court of rpoord, in the above qulslte. L. 1899, c. 235, i 5. When form, is required. Id., % 8. 74 time of signing the foregoing certificate an acting justice of the peace in (or other oflScer, as the case may be) and for the county of , in the State of , and that his signature thereto is in his own proper handwriting. In witness whereof, I hereunto set my hand and seal of office this day of , 19... (SEAL OF OFFICE.) (Signature of clerk.) No. 101. By Corporation when Deed Executed by President or Trustee and Other Members of the Corporation. (L. 1899, c. 235, 8 17.) (Venue.) This day of , A. D. 19 ... , personally came before me (here give name and official title of the officer who signs this certificate) A. B. (here give name of subscribing witness), who, beii^ by me duly sworn, says, that he knows the common seal of the (here give name of corporation) and also acquainted with C. D., who is the president {or, presiding member or trustee of said corporation), and also with E. F. and G. H., two other mem- bers of said corporation; and that he, the said A. B., saw the said C. D., president aforesaid [or, presiding member or trustee, as aforesaid, or other officer of said corporation) affix said seal to the foregoing instrument, and also saw said C. D. and E. F. and O. H. sign the said instrument, and that he, the said A. B., became a subscribing witness to the said deed in their presence. In witness whereof, etc. (SEAL.) (Signature and title of officer.) No. 102. By Corporation when Executed by President, Attested by Secretary. (L. 1899, o. 235, S 17.) (Venue.) This day of , A. D. 19..., personally came before me (here give name and official title of officer who signs the certificate) A. B. (here give name of the attesting secretary), who, being by me duly sworn, says, that he knows the common seal of (here give name of corporation) and is acquainted with C. D., who is the president of said corporation, and that he, the said A. B., is the secretary of the said corporation, and saw the said president sign the foregoing {or, annexed) instrument, and saw the said common seal of said corporation affixed to said instrument by said president {or, that he, the said A. B., secretary, as aforesaid, affixed said seal to said instrument), and that he, the said A. B., signed his name in attes- tation of the execution of said instrument in the presence of said president of said corporation. In witness whereof, etc. (Signature, etc.) ACKNOWLEDGMENTS. 75 NORTH DAKOTA. Acknowledgments may be taken loithin the 8tate,i* within the judicial district, county, subdivision, or city for which the officer was elected or ap- pointed, before a judge or clerk of a court of record, mayor of a city, register of deeds, justice of the peace, county auditor. United States Circuit or Dis- trict Court commissioner. (Civ. Code 1895, § 3574.) Without the State and within V. S.,15 before a justice, judge, or clerk of any United States court of record, or of any court of any State or Territory, notary public, any other officer authorized by the laws of the State or Territory where taken, to take proof and acknowledgments of deeds, etc. (Id., § 3575.) Without the U. jSf.,18 before a minister, commissioner, charge d'affaires, consul, vice-consul or con- sular agent of the United States, a judge, clerk, register, or commissioner of a court of record, notary public, an officer authorized, by the laws of the country where the proof or acknowledgment is taken, to take proof or acknowledgments, or " When any of the officers mentioned in this article (which includes all officers mentioned above within or without the State or the United States) are authorized by law to appoint a deputy, the acknowl- edgment or proof may be taken by such deputy in the name of his principal." (Id., § 3576.) Seals not necessary. (Civil Code, § 3892.) Witnesses not required, except to prove unacknowledged instrument. (Id., § 3579.) Dower is abolished. (Id., §S 2770, 3743.) Wife must join in conveyance of homestead only. (Id., { 3608.) Husband need not join in wife's deed. (Id., S 3578.) No. 103. Acknowledgment. (Civil Code 1895, § 3584.) Same as New York, Form No. 1. STATE OF County of No. 104. By Corporation. (Civil Code 1895, § 3584.) • ' Iss. : On this day of , in the year , before me ( here insert the name and quality of the officer ) personally appeared A. B., known to me ( or, proved to me on the oath of ) * to be the president ( or, the secretary) of the corporation that is described in and that executed the within instrument, and acknowledged to me that such corporation executed the same. (Signature and title of officer.) " The signatures, title, and seals of the land is situated, a clerk's certificate is officers taking the acknowledgments ap- required, as to which see New Tork pears to be the only authentication re- forms. Id., | 3587. quired. Civil Code, § 3586. Except " Id. where taken before a Justice of the peace " Id. in 8 county other than that in which the 76 olekk's assistant. No. 105. By Attorney in Fact. (Civil Code 1895, § 3584.) ( Same as last form to the *, then as follows : ) to be the person who is de- scribed in and whose name is subscribed to the within instrument, as the attorney in fact of , and acknowledged to me that he subscribed the name of thereto, as principal, and his own name as attorney in fact. (Signature, etc.) No. 106. By Deputy Sheriff. (Civil Code 1895, $ 3584.) STATE OF NORTH DAKOTA, 1 ^^ ■County of , ) On this day of , in the year , before me, a in and for said county, personally aippeared , known to me to be the person who is described in, and whose name is subscribed to the within instrument as deputy sheriff of said county, and acknowledged to me that he subscribed the name of thereto, as sheriff of said county, and his own name as deputy sheriff. (Signature, etc.) OHIO. Acknowledgments may be made within the State, before a judge or clerk of a court of record, county auditor, county surveyor, notary public, mayor, jus- tice of the peace, " who shall certify the acknowledgment on the same sheet on which the instrument is written or printed" (E. S. 1897, § 4106) ; probate judges (Id., § 526) ; police judges. (Id., § 1787.) Without the State, before commissioner appointed by the governor. United States consuls.lT (Id., § 4111.) A seal is not necessary. Two witnesses are required in all cases. (R. S., S 4106.) Wife should join with husband to relinquish dower, but separate examination not now necessary. (Id., §§ 4106, 4107.) " " All deeds, mortgages, powers of A careful examination of the Ohio attorney, and other instruments of writ- cases has not disclosed a decision hold- ing for the conveyance or incumbrance Ing clearly that an acknowledgment of lands, tenements, or hereditaments taken without the State before any offi- situate within this State, executed and cer other than those specifically men- acknowledged, or proved, in any other tioned in the statute is allowed. The State, Territory, or country, in con- phrase " in conformity with the laws." formlty with the laws of such State, as used here, seems to refer merely to Territory, or country, or in conformity the form of the acknowledgment and with the laws of this State, shall be as not to the officers before whom it can be valid as if executed within this State, taken without the State of Ohio. See, In conformity with the foregoing pro- however. Kinsman v. Loomls, 11 Ohio, Visions of this chapter." E. S., § 4111. 475. ACKNOWLEDGMENTS. 77 Forms. No specific forms are prescribed by the statute. Those for New York or Massachusetts are good in Ohio, but the certificate must be written " on the same sheet on which the instrument is written or printed." (R. S., § 4106.) OKLAHOMA TERRITORY. Acknowledgments may be taken within the Territory, before a justice of the peace, notary public, county clerk, or clerk of the District Court. (L. 1897, c. 8, § 38.) Without the Territory and within the U. S.,^s before a notary public, clerk of a court of record, commissioner appointed by the governor. (Id.) Without the U. S.,l» before any court of record or clerk thereof. United States consul. (Id.) Seal not required. (Stats. 1893, § 6093.) Witnesses not necessary. (L. 1897, c. 8, 5 2.) Neither husband nor ^pife necessary party to other's deed (Id., § 9), except homestead property, when both should join. (Id., §§ 4, 5.) No. 107. Acknowledgment. (L. 1897, c. 8, § 37.) TERRITORY OF OKLAHOMA, ) ^^ . County of , ) Before me (name and title of ofiieer), in and for said county and Territory, on this day of , 19 ... , personally appeared and , to me known to be the identical persona who executed the within and foregoing instrument, and acknowledged to me that executed the same as free and voluntary act and deed, for the uses and pur- poses therein set forth. In witness whereof, I have hereunto set my hand and official seal, on the date in this certificate above written. (SEAL.) (Signature and title of officer.) No. 108. By Corporation. (L. 1897, c. 8, § 45.) TERRITORY OF OKLAHOMA, 1 ^^ . County of , ' Before me, a , in and for said county and Territory, on this day of , 19 . . . , personally appeared , to me known to be the identical person who subscribed the name of the maker thereof to the foregoing instrument, as its (attorney in fact, president, vice-president, or mayor, as the ease may be ) , and acknowledged to me that he executed the same " There appears to be no provision than that the seals of such offlcera must for authenticating the official acts of be attached to their certificate, officers taking acknowledgments other '" Id. 78 OLEBK S ASSISTAITT. AB his free and voluntary act and deed, and as the free and voluntary act and deed of such corporation, for the uses and purposes therein set forth. In witness whereof, etc. (SEAi,.) (Signature and title of officer.) OREGON. Acknowledgments may be taken vnthin the State, before any judge of the Supreme Court, county judge, justice of the peace, or notary public. (Ann. L. 1892, § 3011.) Without the State and vnthin the U. S.,^ such deed may be executed according to the laws of such State " ( where executed ) , and acknowledged before any judge of a court of record, justice of the peace, notary public, " or other officer authorized by the laws of such State, Territory, or district, to take the acknowledgment of deeds therein," or commissioner ap- pointed by the governor. (Id., § 3012.) Without the U. 8., the deed "may be executed according to the laws of such country," before any notary public, minister plenipotentiary, extraordinary or resident, chargS d'aflfaires, com- missioner, or consul of the United States ; " which acknowledgment shall be certified thereon by the officer taking the same, under his hand, and if taken before a notary public, his seal of office shall be affixed to such certificate." (Id., § 3014.) A seal should be used. (Id., § 3002.) Two witnesses are necessary in all cases. (Id., § 3011.) Married women should join in husband's deed to bar dower (Id., § 2966), and there should be a separate acknowledgment by her when the deed is executed in Oregon (Id., § 3015) ; but this is not necessary where the deed is executed without the State. (Id., § 3016.) Torma. The forms used in New York or Massachusetts are good in Oregon, except when a conveyance is executed by a married woman, in Oregon, there should be added to either of the forms, the following: and the said C. B., upon a separate examination, apart from, and without the hearing, of her husband, acknowledged to me that she executed such deed freely and voluntarily, with- out any threats, fear, or compulsion of her husband. Also, where taken without the State, there should be a recital in the body of the certificate as to the name and title of the officer. Thus : On this day of , 19. . ., before me, A. B., a notary public in and for said county and State, personally appeared, etc. " " Unless the acknowledgment be was taken, under the seal of his office, taken before a commissioner appointed that the person whose name Is subscribed by the governor of this State for that to the certificate of acknowledgment purpose, or before a notary public, cer- was, at the date thereof, such officer as tifled under his notarial seal, or before he Is therein represented to be, and that the clerk of a court of record, certified he believes the "ignature of such person under the seal of the court, such deed subscribed thereto to be genuine, and shall have attached thereto a certificate that the deed is executed and acknowl- of the clerk or other proper certifying edged according to the laws of such officer of a court of record of the county State, Territory, or district." Ann. L. or district wherein such acknowledgment 1892, | 3013, ACKNOWLEDGMENTS. Y9 No. 109. Before Tustice of the Peace. (Ann. L. 1892, vol. 1, p. 1052.) STATE OF OREGON, County of Before the undersigned, a justice of the peace for the precinct of in the county and State aforesaid, personally the within {or, above) named A. B., and C. B., his wife, to me known to be the individuals described in, and who executed the within {or, above) conveyance, and the said A. B. acknowl- edged that he executed the same, and the said C. B., being by me examined sep- arate and apart from her husband, then and there acknowledged that she executed such conveyance freely and without fear or compulsion from any one. On this day of , 19 . . . E. F., Justice of the Peace. PENNSYLVANIA. Acknowledgments may be made within the State, before judges of the Su- preme Court, justices or assistant justices of the Court of Common Pleas of the county where the land lies, president of the Common Pleas for any county, mayor and recorder of Philadelphia, the master of rolls, justices of the peace, aldermen of the city of Philadelphia, recorders of deeds, notaries public, com- missioners appointed by courts in cities of the. first class, prothonotary of the Supreme Court for the northern district of Pennsylvania. Without the State and within the U. S., before " any officer or magistrate of the State or Territory, or the District of Columbia, wherein such deed et cetera, is executed, authorized by the laws of said State to take the acknowledgment of deeds or other in- struments of writing therein; and the proof of such authority shall be the certificate of the clerk or prothonotary of any court of record in such State, that the officer or magistrate so taking such acknowledgment is duly qualified by law to take the same." (Act Dec. 14, 1854; P. L. 1855, p. 725; Bright. Purd. Dig. 1895, p. 637, §§ 42, 49, 50.) " Any notary public, duly certified un- der the seal of office of such notary public, shall be as valid, to all intents and purposes, and be, in like manner, entitled to be recorded, as if the same had been duly acknowledged or proven according to the existing laws of this Com- monwealth." (Bright. Purd. Dig. 1895, p. 637, § 45.) Without the U. S., before ambassadors, ministers plenipotentiary, charggs d'affaires, or other per- sons exercising public ministerial functions, duly appointed by the United States of America, notaries public " in any foreign country," " duly certified under the seal of office of such notary," without further authentication, com- missioners in chancery. (Id., pp. 637, 638, §§ 43, 45, 53.) Seal is invariably used. Two untnesses are required to prove execution in default of acknowledgment. (Id., p. 632, § 19.) Married woman must join with husband and be separately examined. ( Id., § 22. ) No. 110. By Husband and Wife. (Act Feb. 24, 1770, still in force.; STATE OF PENNSYLVANIA, 1 ^^ . County of Bucks, ) Be it remembered, that on this day of , 19 ... , before me, one of the judges of the Supreme Court, personally came G. H., and B., his wife. 80 cleek's assistant. and severally acknowledged the above conveyance to be their act and deed; and the said B., being of full age, on » private examination by me, separate and apart from her husband, the full contents of the said deed being first made known to her, declared that she did, voluntarily and of her own free will and accord, and without any coercion or compulsion of her said husband, seal, and as her own free act and deed, deliver the said conveyance. Witness my hand and seal. L. M., Judge of Supreme Court, (seal.) RHODE ISLAND. Acknowledgments may be made m the State, before State senators, judges, justices of the peace, notaries public, mayors, town clerks, and recorders of deeds. Without the Slate and within the JJ. /8'.,2l before judges, justices of the peace, mayors, notaries public, and commissioners appointed by the gov- ernor. Without the U. S., before ambassadors, ministers, chargg d'affaires, consuls-general, vice-consuls-general, consuls, vice-consuls, consular and com- mercial agents of the United States, and commissioners appointed by the jrovernor. (Gen. L. 1896, c. 202, § 8.) i>eal is not required. (Id., § 4; u. 24, § 14.) Witnesses necessary only to prove instrument in default of acknowledgment. (Id., c. 202, § 5.) Married women should join in husband's deed to bar dower. No separate acknowledg- ment. (Id., c. 194, §§ 6, 7; c. 202, § 5.) Forms. The statute does not prescribe any particular form, only requiring that the grantors shall be known by the officer taking the acknowledgment, to be the parties executing the instrument, and that they acknowledged said instrument to be their free act and deed. This applies to married women. (Gen. Stat. 1896, c. 202, § 5.) The forms for Massachusetts are, therefore, good in Rhode Island, and comply exactly with the statute. SOUTH CAROLINA. " Before any deed or other instrument in writing can be recorded in this State, the execution thereof shall be first proved by the affidavit of a subscribing wit- ness to said instrument, taken before some officer within this State, competent to administer an oath. If the affidavit be taken without the limits of this State, it may be before a commissioner, or commissioners, appointed by dedimus is- sued by the clerk of the Court of Common Pleas of the county in which the instrument is to be recorded; or before a commissioner of deeds of this State; or before a clerk of a court of record, who shall make certificate thereof un- der his official seal; or before a notary public, who shall affix thereto his offi- " " If the Instrument is acknowledged by any person actually engaged In the or proved in the manner prescribed by military service of the United States the law of the State, Territory, or Dis- before any colonel, lieutenant-colonel, or trict of Columbia where executed, it shall major in the Army, or any oflficer in the be deemed to be legally executed, and Navy not below the grade and rank of shall have the same effect as if executed lieutenant-commander. Id., § 4. in the mode prescribed " in the statute. No authentication appears to be re- Gen. L. 1896, e. 202, § 2. quired other than the certificate of ac- Acknowledgments may also be made knowledgment Itself. ACKNOWLEDGMENTS. 81 cial seal, and shall accompany the same with a certificate of his official char- acter by a clerk of a court of record of the county in which the affidavit is taken; or before a consul, or a vice-consul, or consular agent of the United States of America. Where the affidavit of a subscribing witness cannot be had by reason of the death, insanity, or absence from the State of such wit- ness, then the instrument may be recorded upon proof of such fact, and of the handwriting of the parties who signed the instrument, and of the subscrib- ing witnesses by proper affidavit — the proof in every case to be recorded with thi instrument." (R. S. 1893, § 818.) The above is the only statutory provision for the authentication of deeds to entitle them to be recorded, except the provision as to the separate acknowl- edgment by married women. Seal is necessary (Id., § 1886), and two or more witnesses in all cases. (Id.) Wife must join with husband in deed and be separately examined. (Id., I 1900.) No. 111. Proof by Subscribing Witness. STATE OF SOUTH CAROLINA, | ' y ss. : County of , ' On this day of , 19 ... , before me, A. B., a notary public in and for said county, personally appeared C. D., personally known to me to be the witness whose name is subscribed to the within instrument of convey- ance from E. F. to G. H., and said C. D., being by me first duly sworn, did depose and say, upon his oath, that he resides at ; that he is the identical person whose name is subscribed to said instrument as a witness ; that said E. F., the grantor named in said instrument, signed, sealed, and de- livered the same to the said G. H., in the presence of the deponent, said C. D., on the day the said instrument bears date, and the said C. D. then and there signed his name as a witness thereto, at the request of said E. F., the grantor. (Signature of witness.) 22 Subscribed and sworn to before me, this ) day of , A. D. 19... S (SEAL.) (Signature and title of officer.) No. 112. Acknowledgment by Harried Woman. (R. S. 1893, i 1900.) STATE OF SOUTH CAROLINA, ) ^^ . County of , ) I, r. G. (judge, trial justice, or other officer, as the case may be), do hereby certify unto all whom it may concern, that E. B., the wife of the within- named A. B., did this day appear before me, and, upon being privately and separately examined by me, declared that she does freely, voluntarily, and with- out any compulsion, dread, or fear of any person or persons whomsoever, re- nounce, release, and forever relinquish unto the within-named C. D., his heirs '" Tbe signature of the witness to the ancers Invariably have the witness sign proof is not essential (Fuller v. Miss- the affidavit, room, 35 S. C. 314), but careful convey- R 82 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 re- leased. Given under my hand and seal, etc. (SEAL.) F. G. (Official title.) SOUTH DAKOTA. Acknowledgments may be taken within the State, before a judge or clerk of a court of record, mayor of a city, register of deeds, justice of the peace, United States Circuit or District Court commissioner, county clerk, county auditor within the district, county subdivision, or city, for which any of the above-named officers was elected or appointed (Stat. 1899, § 4467) ; anywhere in the State, before a justice or clerk of the Supreme Court, or a notary pub- lic. (Id., § 4466.) Without the State and within the U. S.,23 before a jus- tice, judge, or clerk of any United States court of record, or of any State or Territory, a notary public, " any other officer of the State or Territory where the acknowledgment is made, authorized by its laws to take such proof or acknowledgment," commissioners appointed by the governor. (Id., § 4468.) Without the U. yS.,24 before a minister, commissioner, charg§ d'affaires, con- sul, vice-consul, or consular agent of the United States, a judge, clerk, regis- ter, or commissioner of a court of record, notary public, " an officer author- ized by the laws of the country where the proof of acknowledgment is taken, to take proof of acknowledgment," or any deputy of the foregoing officers, ap- pointed by law. (Id., § 4469.) Seals are abolished. (Id., § 4434.) Witnesses not required where instru- ment acknowledged; one necessary to prove deed. (Id.) Dower is abolished. (Id., I 4591.) Married women can convey separate property same as if un- married. (Id., § 4471.) No. 113. Acknowledgment. (Stat. 1899, § 4477.) STATE OF SOUTH DAKOTA, ) ' V ss. : County of , ) On this day of , in the year , before me per- sonally appeared , known to me ( or, proved to me on the oath of ) to be the person who is described in, and who executed the within instrument, and acknowledged to me that he executed the same. (BEAI..) (Signature and title of officer.) No. 114. By Corporation. (Id.) STATE OF County of On this day of , in the year , before me (here insert the name and quality of the officer) personally appeared , known to me ( or, proved to me, on the oath of ) , to be the president " No authentication other than the " Id. seal of the oflJcer tailing the aelinowl- edgment is necessary. ACKNOWLEDGMENTS. 83 (or, the secretary) of the corporation that is described in, and that executed the within instrument, and acknowledged to me that such corporation exe- cuted the same. (BEAi,.) (Signature, etc.) No. 115. By Attorney in Fact. (H.) STATE OF 'Iss • County of , ) On this day of , in the year , before me ( here insert the name and quality of the officer ) personally appeared , known to me ( or, proved to me on the oath of ) to be the person who is described in, and whose name is subscribed to the within instrument as the attorney in fact of , and acknowledged to me that he sub- scribed the name of thereto, as principal, and his own name as attorney in fact. (SEAi..) (Signature, etc.) TENNESSEE. Acknowledgments may be taken within the State, before county clerks and their deputies, notaries public. (Code 1896, §§ 3713, 3714.) Without the State and loithin the V. 8., before any court of record^s or clerk thereof in any Stated of the Union, commissioner appointed by the governor, notary public. (Id., § 3715.) Without the U. 8., before a commissioner for Tennessee, notary public, consul, minister, or ambassador of United States. (Id., § 3716.) " " If it be made before a judge, be shall make certificate under his hand, and thereupon the clerk of his court shall certify, under his seal of office, if there be a seal, or under his private seal, if there be none, as to the official char- acter of the judge, or the official char- acter of the judge may be certified by the governor of the State or Territory, under the great seal of the State or TeiTitory." Code 1896, § 3719. "If it be made before a court of record, a copy of the entry of the ac- knowledgment on the record shall be certified by the clerk, under his seal of office, if there be a seal, or, if there be none, under his private seal; and the judge, chief justice, or presiding magis- trate of the court shall certify to the official character of the clerk." Id., f 3720. " If the acknowledgment or probate he before a clerk of some court of reccd of another State of the Union, and cer- tified by him under his seal of office. the judge, chief justice, or presiding magistrate of the court shall certify to the official character of the clerk." Id., § 3721. The above statutes seena to be some- what confusing. Section 3721 Is the only one that applies, in terms, to acknowl- edgments taken without the State, but as the / officers mentioned In sections 3719 and 3720, except clerks, are not au- thorized by sections 3713 and 3714 to take acknowledgmants in the State, sec- tions 3719 and 3720 would seem to apply to acknowledgments without the State, or to have no meaning whatever. There appears to be no other statutory requirement for the authentication of the official character of any of the other officers authorized to take acknowledg- ments without the State. " While section 3715 specifies only courts of States before whom acknowl- edgments may be taken, section 371!', providing for authentication, mentions courts of States and Territories. 84 cleek's assistant. Private seals, except by corporations, are abolished. (Id., § 3213.) Two vjitnesses are necessary to prove instrument in default of acknowledgment. (Id., § 3712.) Married women should join in conveyance by husband, and must be separately examined. (Id., §§ 3753-3755.) No. 116. Before Clerk or Deputy Clerk. (Code 1896, | 3717.) STATE OF TENNESSEE, ) ^^ . County of , ) Personally appeared before me ( clerk [or, deputy clerk] of the County Court of said county), the within-named bargainor (insert name), with whom I am personally acquainted, and acknowledged that he executed the within instru- ment for the uses and purposes therein contained. Witness my hand at office, this day of , 19. . . (SEAL, when required.) (Signature and title.) No. 117. Proof by Subscribing Witness. (Code 1896, § 3535.) STATE OF , 1 County of ) Before me, A. B,, a (commissioner of the State of Tennessee, appointed qualified, and commissioned to take probate of deeds, etc., for registration in the State of Tennessee), personally appeared E. F. and G. H., the subscribing witnesses to the within instrument, who, being first sworn, deposed and said that they are acquainted with C. D., the bargainor, and that he acknowledged the said instrument, in their presence, to be his act and deed, on the day it bears date ( or, stating time as proved by witnesses ) . Witness my hand and seal of office, this day of , 19 . . . (OFFiciAi. SEAL, whcu required.) (Signature and title.) No. 118. Commission to Take Examination of Wife. (Code 1896, § 3754.) STATE OF TENNESSEE, ) ^^ . County, ) To , Esq. : You are hereby authorized and empowered to take the examination of , privately, and apart from her husband, rela- tive to the free execution of the within (or, annexed) deed, and the same, so taken, to certify under your hand and seal. Witness, , clerk of the Court of , at office, the day of ,19... ACKNOWLEDGMENTS. 85 No. 119. Certificate of Oommissioner. (Code 1896, § 3755.) (Venue.) , wife of , having personally appeared before me, and having, by virtue of the authority in me vested, been examined privately and apart from her said husband, and she having acknowledged the due execution of the within {or, annexed) deed, by her freely, voluntarily, and understand- ingly, without compulsion or constraint by her said husband, and for the pur- poses therein exrpressed, the same is, therefore, certified. Witness my hand and seal, this day of , 19 . . . (Signature, etc.) No. 120. By Husband and Wife. (Code 1896, § 3753.) (Add to above form for acknowledgment before clerk:) And , wife of the said , having appeared before me privately and apart from her husband, the said [wife's name] 27 acknowledged the execution of the said deed to have been done by her freely, voluntarily, and understand- ingly, without compulsion or restraint from her said husband, and for the uses and purposes therein expressed. Witness, , clerk of said court, at oflBce, this day of , 19... TEXAS. Acknowledgments may be taken within the State, before a clerk of the District Court, judge or clerk of the County Court, notary public. (R. S. 1895, art. 4613.) Without the State and within the V. /8.,28 before a clerk of a eoiirt of record having a seal, commissioner appointed by the governor, notary public. (Id., art. 4614.) Without the V. S.,29 before a minister, commis- sioner, charge d'affaires, consul-general, consul, vice-consul, commercial agent, vice-commercial agent, deputy-consul, or consular agent of the United States, notary public. (Id., art. 4616.) Seals abolished, except for corporations. (Id., art. 4862.) Two witnesses necessary. (Id., art. 630.) Wife should join in husband's deed, and must be separately examined. (Id., art. 4618; L. 1897, c. 39; Id., c. 40.) No. 121. Acknowledgment. (E. S. 1895, art. 4620.) STATE OF TEXAS, ) ^^ . County of , ) Before me (here insert name and character of ofiScer), on this day person- ally appeared , known to me ( or, proved to me on the oath of " In Shannon's Code of 1896, the words ute, the word " wife's " has been sub- [husband's name] are placed at this stltuted for " husband's." point In brackets. The error Is so ob- '^ No authentication of official char- vious, and as it does not occur In pre- acter of officer appears to be necessary vious editions of the Code, altho\iKh this further than his seal, section is founded on a very old stat- " Id. 86 ) to be the person whose name is subscribed to the foregoing instru- ment, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office, this day of , A. D., 19... (SEAL.) ('Signature and title.) No. 122. Proof by Subscribing Witness. (R. S. 1895, art. 4624.) STATE OF TEXAS, ) ^^ . County of , ) Before me (here insert name and character of officer), on this day person- ally appeared , known to me ( or. proved to me on the oath of ) , to be the person whose name is subscribed as a witness to the foregoing instrument of writing, and after being duly sworn by me, stated on oath that he saw , the grantor ( or, the person who executed the foregoing instrument), subscribe the same {or, the grantor or person who executed such instrument of writing, acknowledged in his presence that he had executed the same for the purposes and consideration therein expressed), and that he had signed the same as a witness at the request of the grantor ( or, person who executed the same ) . Given under my hand and seal of office, this day of , A. D. 19... (seal.) (Signature and title.) STATE OF TEXAS, County of . . No. 123. Acknowledgment by Married Woman. (R. S. 1895, art. 4621.) Before me (here insert the name and character of the officer) on this day personally appeared , wife of , known to me ( or, proved to me on the oath of ) to be the person whose name is subscribed to the foregoing instrument, and having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said , acknowledged such instrument to be her act and deed, and declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. Given under, etc. (SEAL.) (Signature, etc.) ACKNOWLEDGMENTS. 87 UTAH. Acknowledgments may be taken mthin the State, before a judge or clerk of a court having a seal, notary public, county clerk, or county recorder. Without the State and within U. S., before a judge or clerk of a court of the United States, or of any State or Territory having a seal, notary public, or commissioner appointed by the governor. Without the V. 8., before a judge or clerk of a court having a seal, notary public, ambassador, minister, com- missioner, or consul of the United States. (E. S. 1898, § 1985.) "When any of the officers above mentioned are authorized by law to appoint a deputy, such acknowledgment or proof may be taken by any such deputy in the name of his principal." (Id., § 1986.) Authentication by seal of court when certificate under the hand of a clerk or judge of a court. In other cases, under the hand and seal of the officer taking it. (Id., § 1987.) Seals are abolished. (Id., § 1976.) One toitness necessary only to prove execution. (Id., § 1991.) Wife should join in conveyance of homestead. (Id., § 1155.) Dower and curtesy abolished. (Id., § 2832.) No. 124. Acknowledgment. (R. S. 1898, § 1989.) STATE OF UTAH, ) > ss. : County of , ) On the day of , A. D , personally appeared before me A. B., * the signer of the above instrument, who duly acknowledged to me that he executed the same. (SEAL.) (Signature and title of ofiicer.) (R. S. 1898, § 1990.) (When the grantor is unknown to the officer, but identified, add after the * in above form : ) satisfactorily proved to me to be the signer of the above instrument, by the oath of C. D., a competent and credible witness for that purpose, by me duly sworn, and he, the said A. B., acknowledged that he executed the same. (SEAL.) (Signature, etc.) No. 125. By a Corporation. STATE OF UTAH, ) ^^ . County of , ) On the day of , A. D , personally appeared before me A. B., who, being by me duly sworn {or, affirmed), did say, that he is the president (or other officer or agent, as the case may be) of (naming the corporation), and that said instrument was signed in behalf of said corpo- ration by authority of its by-laws {or, by resolution of its board of direct- ors, as the case may be), and said A. B. acknowledged to me that said corporation executed the same. (SEAL.) (Signature, etc.) STATE OF UTAH, County of . . 88 clerk's assistant. No. 126. Proof by Subscribing Witness. (R. S. 1898, § 1994.) ^'Iss.: On this day of , A. D , before me personally appeared A. B., personally known to me (or, satisfactorily proved to me by the oath of C. D., a competent and credible witness for that purpose, by me duly sworn) to be the same person whose name is subscribed to the above instru- ment as a witness thereto, who, being by me duly sworn, deposes and says, that he resides in , county of , and State of Utah ; that he was present and saw B. F., personally known to him to be the signer of the above instrument as a party thereto, sign and deliver the same, and heard him acknowledge that he executed the same, and that he, the deponent, thereupon signed his name as a subscribing witness thereto at the request of E. F, (SEAi.) (Signature, etc.) VERMONT. Acknowledgments may be taken within the State, before a justice, town clerk, notary public, master in chancery, county clerk, or judge or register of pro- bate. (R. S. 1894, § 2213.) Without the 8tate,30 "deeds and other con- veyances, and powers of attorney for the conveyance of lands, the acknowl- edgment or proof of which is taken without the State, if certified agreeably to the laws of the State, province, or kingdom in which such acknowledgment or proof is taken, shall be valid as though the same were taken before an officer or court in the State; and the proof of the same may be taken, and the same acknowledged with like effect, before a justice of the peace, magis- trate, or notary public, within the United States, or in a foreign country, or before a commissioner appointed for that purpose by the governor of this State, or before a, minister, chargg d'affaires, consul, or vice-consul of the United States in a foreign country." (Id., § 2232.) Seal is necessary, also two or more witnesses. (Id., § 2213.) Husband should join in deed of wife's property. (Id., § 2209.) Wife should join in deed to homestead (Id., § 2189) and to bar dower in other property. In certa,in cases wife may convey separate property without her husband joining in the deed. (L. 1898, No. 55, page 38.) Porms. The forms prescribed for Massachusetts are good in Vermont, when the form in use in the place where the acknowledgment is taken is not used. VIRGINIA. Acknowledgments may be taken within the State, before clerks and deputy clerks of courts of record, commissioner in cha,ncery of any court of record, notary public, clerk of the Circuit Court. Without the State and within the V. S., before clerks of courts, commissioners in chancery of any court of record, notaries public, commissioner appointed by the governor. Without the " No authentication appears to be necessary of official character of officer. ACKNOWLEDGMENTS. 8iJ V. S., before any ambassador, minister plenipotentiary or resident, charge d'affaires, consul-general, consul, vice-consul, or commercial agent of tlie United States, "the proper officer of any court of such (foreign) country," mayor or other chief magistrate of a city, town, or corporation. (Code, i 2501.) Authentication appears not to be necessary as to official character of officer. A seal is necessary. Two witnesses required to prove unacknowledged deed. (Id., § 2501.) Married woman should join husband's deed. (Id., § 2502.) No. 127. Acknowledgment. (Code, § 2501.) County ( or, corporation ) of , to-wit : I, , clerk of court {or, a justice of the peace, or, commissioner In chancery of the court, or, notary public ) for the county {or, corporation) aforesaid in the State {or, Territory, or, district) of , do certify that E. F. {or, E. F. and G. H., etc.), whose name (or, names) is {or, are) signed to the writing above {or, hereto annexed), bearing date on the day of , has {or, have) acknowledged the same before me, in my county {or, corporation) aforesaid. Given under my hand, this day of (Official signature.) No. 128. Before Commissioner Appointed by Governor. (Code, § 2501.) State {or, Territory, or. District) of , to-wit: I, , a commissioner appointed by the governor, within the United States, for the said State ( or, Territory, or, district ) of , certify that E. F. {or, E. F. and G. H., etc.) whose name {or, names) is {or, are) signed to the writing above {or, hereto annexed), bearing date on the day of , has {or, have) acknowledged the same before me, in my State {or. Territory, or, district) aforesaid. Given under my hand, this day of Anno Domini ( Official signature. ) No. 129. By Corporation or Person in Kepresentative Capacity. (Code, § 2501.) STATE OF ,Ko.^i,^ County of , ) I, , a (here insert the official title of the person certifying the acknowledgment), in and for the State {or, Territory, or, district) and county aforesaid, do certify that (here insert the name or names of the persons signing the writing on behalf of the person or corporation or the name of 90 olebk's assistant. the person signing the writing in a, representative capacity), has {or, have) acknowledged the same before me in my county aforesaid. Given under my hand, this day of , 19. . . WASHINGTON. Acknowledgments may be taken within the State, before a judge or the clerk or deputy clerk of Supreme Court, judge or clerk or deputy clerk of the Superior Court, justice of the peace, county auditor, notary public. (Bal- linger's Stats. 1896, § 4526.) Without the State and within V. 8.,3i be- fore any person authorized to take acknowledgments of deeds by the laws of the State or Territory wherein the acknowledgment is taken, commission- ers appointed by the governor. (Id., § 4527.) Without the V. 8. ,32 before a minister plenipotentiary, secretary of legation, charge d'affaires, consul- general, consul, vice-consul, or commercial agent of the United States ; " or before the proper officer of any court of said country," mayor or chief magis- trate of any city, town, or other municipal corporation. (Id., § 4530.) Seals are abolished. (Id., § 4523.) Witnesses not necessary where deed acknowledged. (Id., § 4518.) Neither husbamd nor teife need join in other's deed. (Id., §§ 4489, 4490, 4495.) No. 130. Acknowledgment. (Ballinger's Stats. 1896, § 4533.) STATE OF WASHINGTON, ) ^^ . County of , ) I ( here give name and official title ) do hereby certify that on this day of , personally appeared before me ( name of grantor or mortgagor, and, if acknowledged by wife, her name, and add " his wife " ) , to me known to be the individual (or, individuals) described in and who executed the within instrument, and acknowledged that he (she, or, they) signed and sealed the same as (his, her, or their) free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official seal, this day of , A. D. 19... (SEAL.) (Signature of officer.) " " Unless the acknowledgment ts the person whose name Is subscribed to taken before a commissioner appointed the certificate of acknowledgment was by the governor of this State for that at the date thereof such officer as he purpose, or by the clerk of a court of therein represents himself to be, that he record of said State or Territory, or by is authorized by law to take acknowledg- a notary public or other officer having a ments of deeds, aud that he verily be- seal of office, then such deed shall have Uevps the signature of the person sub- attached thereto a certificate of the clerk scribed thereto to be genuine." Bal- of the court of record, under the seal linger's Stats. 1896, § 4328. of said county or district, or a certlfl- •' Foreign certificates must be under cate of any other proper certifying officer the hand and seal of the officer If he has of said district or county, within which one, and need no further authentication. said acknowledgment was taken, that Id., §§ 4531, 4532. ACKNOWLEDGMENTS. 91 WEST VIRGINIA. Acknowledgments may be taken within the U. 8., either within or voith- out the State, before a justice, notary public, recorder, prothonotary, or clerk of any court within the United States, commissioner appointed by the governor, clerk of the County Court of West Virginia. (Code 1891, c. 73, §§ 2, 3.) Without the V. 8., before a minister plenipotentiary, chargfi d'aflfaires, consul- general, consul, vice-consul, consular agent, vice-consular agent, commercial agent, vice-eommercial agent of the United States ; " or the proper officer of any court of such country," mayor or chief magistrate of any city, town, or corporation. ( Id. ) No authentication further than the official seal of the officer is required. Seals are inrariably used on the instruments themselves. Two vntneases are required to prove unacknowledged instruments. Wife should join with husband to relinquish dower. No. 131. Acknowledgment. (Code 1891, c. 73, S 2.) State (Territory, or, District) of , county of , to-wit: I (name of officer), a commissioner, appointed by the governor of the State of West Virginia, for the said State {or, Territory, or, district) of ; or, I (name of officer), » justice * of the county aforesaid; or, I (name of officer), recorder of said county; or, I (name of officer), a. notary of said county; or, I (name of officer), a prothonotary or clerk of the court of said county, do certify that , whose name {or, names) is {or, are) signed to the writing above {or, hereto annexed), bearing date on the day of , 19. . ., has {or, have) this day acknowledged the same before me, in my said Given under my hand, this day of , 19 . . . (SEAL, when required.) (Signature and title of officer.) No. 132. By Husband and Wife. (Code 1891, c. 73, § 3.) (As in form No. 131, to *, and thence as follows :) of the peace of said county of ; or, I ( name of officer ) , a notary of the said county of ; or, I ( name of officer ) , a prothonotary ( or, clerk ) of the court {or, county) of (or other officer or person authorized to take acknowledgments by section 3 of this chapter, as the case may be), do certify that and , his wife {or, that the wife of ) , whose name ( or, names ) is ( or, are ) signed to the writing above {or, hereto annexed), bearing date the day of 19. . ., have {or, has) this day acknowledged the same before me in my said (and I further certify that before taking such acknowledgment, it was proved to my satisfaction that the real estate in said writing men- tioned was the sole and separate property of said , and that she 92 was, at the date of such writing, and now is, living separate and apart from her husband {or, that her husband. is non compos mentis). Given under my hand, this day of , 19 . . . (SEAL, when required.) (Signature and title of oflScer.) No. 133. By Corporation. (Code 1891, c. 73, § 5.) (As in form No. 131 to *, and thenc« as follows : ) do certify that personally appeared before me in my said , and being by me duly sworn (or, affirmed), did depose and say, that he is the president (or other officer or agent) of the corporation (or, association) described in the writing above (or, hereto annexed), bearing date the day of , 19. . ., authorized by said corporation (or, association), to execute and acknowledge deeds and other writings of said corporation (or, association), and that the seal affixed to said writing is the corporate seal of said corporation (or, the seal of said association, as the case may be), and that said writing was signed and sealed by him in behalf of said corporation (or, association) by its authority duly given. And the said acknowledged the said writ- ing to be the act and deed of said corporation ( or, association ) . (SEAL, when required.) (Signature and title of officer taking acknowledgment.) WISCONSIN. Acknowledgments may be taken within the State, before any judge or clerk of a court of record, court commissioner, county clerk, register of deeds, notary public, justice of the peace, police justice, or United States court commissioner, residing within the State. (Stats. 1898, § 2216.) Without the State and within the U. S.,^^ before any judge or clerk of a court of record, notary public, justice of the peace, master in chancery, " or other officer authorized by the laws of such State, Territory, or district to take acknowl- edgments of deeds therein; " commissioners appointed by the governor, the commanding officers of military posts, when executed within the jurisdiction of such posts. (Id., § 2218.) Without the V. S.,3* before a notary public, minister plenipotentiary, extraordinary or resident, charge d'affaires, commis- sioner or consul of the United States, " or other officer authorized by the laws of such country to take acknowledgments of deeds therein." ( Id., § 2220. ) Seal required to instrument. ( Id., § 2203. ) Also two witnesses. ( Id., § 2216. ) Husband and wife should each join in the other's deed. (Id., §§ 2221, 2222.) Separate acknowledgment not required. (Id., § 2224.) " No authentication appears to be nee- taken by an officer not specifically men- essary. tloned above, but who comes under the •* When the acknowledgment Is taken general description of those authorized by a notary public In a foreign country, by the laws, etc., the certificate must it must be under his hand and seal; by certify that the conveyance Is executed any of the other officers mentioned, It and acknowledged according to the laws must be under his hand merely. When of such country. Stats, 1898, § 2220. ACKNOWLEDGMENTS. 93 No. 134. Acknowledgment. (Ann. Stats. 1898, § 2217.) STATE ©F WISCONSIN, ) ^^ . County, ) Personally came before me, this day of , 18 ... , the above (or, within) named A. B., and C. B., his wife {or, if an officer, adding the name of his office), to me known to be the person (or, persons) who executed the foregoing {or, within) instrument, and acknowledged the same. E. F. (Insert designation of officer.) WYOMING. Acknowledgments may be taken within the State, before any judge or clerk of a court of record, court commissioner, appointed under or by authority of the laws of the United States, county clerk, justice of the peace, notary public. (R. S. 1887, § 8.) Without the State, before clerks of courts of record. (Id., § 9.) "If any such deed, mortgage, or conveyance shall be executed in any other State, Territory, or district of the United States, or in any foreign country, such deed, mortgage, or conveyance may be executed according to the laws of such State, Territory, district, or country, and may be acknowledged before any officer authorized by the laws of such State, Territory, district, or country, to take acknowledgment of deeds, mortgages, or conveyances therein, or before any commissioner appointed by the governor of this Territory (now State) for such purposes; Provided, That if such deed, mortgage, or conveyance is not acknowledged before a clerk of a court of record, county clerk, or a commissioner appointed, as aforesaid, it must have attached thereto a certificate of the clerk of a court of record or other proper certifying officer, or a county clerk of the county or district wherein such acknewledgment was taken, under the seal of his office, that the person whose name is subscribed to the certificate of acknowledgment was, at the date thereof, such officer as he is therein represented to be; that he verily believes the signature of such person subscribed thereto to be genuine, and that the deed, mortgage, or conveyance is executed and acknowledged according to the laws of such State, Territory, district, or country; if any such deed, mortgage, or conveyance, executed as aforesaid, be acknowledged before a clerk of a court of record, county clerk, or commissioner appointed, as afore- said, then the officer taking the acknowledgment shall certify that such deed, mortgage, or conveyance is executed and acknowledged according to the laws of such State, Territory, district, or country." (Id., § 11; L. 1882, c. 1, § 9; L. 1886, c. 82, § 1.) " Any deed, mortgage, or conveyance executed in any other State, Territory, district, or country, which shall be executed according to the laws of this Territory, and acknowledged before a clerk of a court of record, county clerk, or a commissioner appointed, as aforesaid, shall have the same effect as if executed and acknowledged within this Territory." (E. S. 1887, § 12; L. 1882, c. 1, § 10.) " If any deeds, mortgages, or conveyances of lands, or of any interest in lands, be executed in any foreign country, government, kingdom, or empire, such deed, mortgage, or conveyance of land may be executed according to the laws of this Territory, and may be acknowledged before a consul-general, consul, or vice-consul of the United States ; and when so acknowledged the officer taking the acknowledgment shall certify the same over his hand and official seal, or the seal of the consulate to which he is attached, if there be any such seal; and in case he has no official seal, and there be no seal of ' 94 olbek's assistant. his consulate^ that fact shall be stated in the certificate; and no other or further authentication shall be required to entitle such instrument to record in this Territory. This section shall also apply to powers of attorney exe- cuted in any such foreign country, government, kingdom, or empire." (R. S. 1887, § 14; L. 1886, c. 110, § 1.) Seal is not required. (K. S. 1887, § 27; L. 1895, c. 93.) One witneaa neces- sary. (R. S. 1887, § 8.) Dower and curtesy abolished. (Id., § 2221; L. 1888, c. 75.) Married woman may convey as if sole. (R. S. 1887, § 13; L. 1888, c. 75.) No. 135. Acknowledgment. (L. 1895, c. 93, § 5.) 'Iss.: STATE OF . . . County of . . I (here give the name of the officer and his official title) do hereby certify that ( name of grantor, and if acknowledged by wife, her name, and add " his wife " ) , personally known to me to be the same person ( s ) whose name is ( or, are) subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that he (she, or, they) signed, sealed, and delivered the said instrument as his (her, or, their, free and voluntary act, for the uses and purposes therein set forth. Given under my hand and seal, this day of , A. D. 19 . . . (SEAX. ) (Signature, etc.) ENGLAND.35 No. 136. Acknowledgment of Beed, Power of Attorney, or Other Instrument. To AXL TO WHOM THESE PRESENTS SHALL COME : I, , notary public, duly authorized, admitted and sworn, and practicing in , in the county of , and the State of , in the United States of America, do hereby certify that I was present on the day of , in the year , and did see A. B., the person named in the paper writing or , hereunto annexed, duly sign, seal, and execute the said , and that the name A. B., thereto subscribed, is of the proper handwriting of the said A. B., and that the names C. D. and E. F., thereto subscribed as the witnesses thereto, are of the respective proper handwriting of C. D. and E. F., both of (residence of witnesses), aforesaid, the subscribing witnesses thereto. In testimony whereof, I have hereunto subscribed my name and affixed my seal of office, this day of , in the year of our Lord, 19. . . (SEAL.) (Signature and title of officer.) » There should be attached to this a tvhlcli such consuls have for that pur- certificate of authentication by a British pose, consul, according to a printed form ADOPTION OF MINORS. 95 CHAPTEE III. ADOPTION OF MINORS. The Domestic Relations Law (L. 1896, c. 272, art. VI, §§ 60-68) contains all the statutory provisions in force at the present time relative to the adop- tion of minors in New York State. The practice of adoption comes from remote antiquity, and was a well-recognized institution of the civil law. It certainly was not so well known in the common law, and some writers deny that it was to be found there at all. In Louisiana, where the civil law pre- vails, adoption was abolished by the Code of 1803, article 35. In many of the other States statutes permitting and regulating it have been enacted. Some of them follow more or less closely the New York law, but in each case the statute should be strictly followed. Definitions. — The New York statute defines adoption as " the legal act whereby an adult takes a minor into the relation of child, and thereby ac- quires the rights and incurs the responsibilities of parent, in respect to such minor." (Domestic Rel. L., § 60.) The person adopting is designated the " foster parent," and a " voluntary adoption " is any other than that of an indigent child or one who is a public charge from an orphan asylum or charitable institution. (Id.) Who may adopt. — An adult unmarried person, or an adult husband or wife, or an adult husband and his adult wife together, may adopt a minor in pur- suance of the statute. (Id.) Consents necessary. — If the minor to be adopted is over twelve years of age, his consent is necessary. Also, the foster parent's husband or wife, unless law- fully separated, or unless they jointly adopt the minor, the consent of the par- ents, or surviving parent, of a legitimate child, and of the mother of an ille- gitimate child is required, unless the parent has abandoned the child, or is deprived of civil rights, or divorced because of his or her adultery or cruelty, or is adjudged to be insane, or to be an habitual drunkard, or is judicially deprived of the custody of the child on account of cruelty or neglect, in either of which cases the consent of the parent is not required. Where the child has no parent living, or none whose consent is necessary, as recited above, it is necessary to have the consent of " a person of full age, having lawful custody of the child, if any such person can be found." If no such person can be found, and no parent whose consent is necessary, " the judge or surrogate shalU recite such facts in the order allowing adoption. (Id., § 61.) A child may also be adopted from a foster parent. (Id., § 66.) Proceedings on adoption. — All the parties, including the foster parent, the minor, and the parent or person having legal custody of the child, must ap- pear before the county .judge or surrogate of the county where the foster par- ent resides, to whom the instrument of adoption must be presented, and the instrument, consents, etc., must be acknowledged before such judge or surro- gate, unless the parent, person, or institution who has the legal custody of the child lives in another county or State, in which case the consents of such parent or institution may be acknowledged in the form prescribed for real estate conveyances. (Id., § 62.) Order. — " If satisfied that the moral and temporal interests of the child will be promoted thereby, the judge or surrogate must make an order allowing and confirming such adoption, reciting the reasons therefor, and directing that the minor shall thenceforth be regarded and treated in all respects as the child of the foster parent or parents. Such order and the instrument and consent, if any, mentioned in the last section, must be filed and recorded in the office of the county clerk of such county." (Id., § 63.) Effect of adoption. — The parents are relieved from all parental duties to- wards, and of all responsibility for, and have no rights over such child or his property, by descent or succession. The child takes the name of the foster 96 parent. The child's rights of inheritance and succession remain unaffected by the adoption. The foster parent and minor sustain towards each other all the rights, and are subject to all the duties of that relation, including the right of inheritance from each other, and such right of inheritance extends to the heirs and next of kin of the minor, and such heirs and next of kin shall be the same as if he were the legitimate child of the person adopting; but as re- spects the passing and limitation over of real or personal property dependent upon the provisions of any instrument on the foster parent dying without heirs, the minor is not deemed the child of the foster parent, so as to defeat the rights of remaindermen. (Id., § 64.) Adoption from charitable institution. — When the adoption is made from a charitable institution, the adoption shall be, when practicable, to persons of the same religious faith as the minor's parents. The instrument of adoption shall be signed and sealed in the corporate name by officers authorized by the directors to do so. (Id., § 65.) Abrogation of adoption. — The adoption can be abrogated only by the minor, the foster parent, and the persons whose consent would be necessary to an original adoption, appearing before the county judge or surrogate, who must conduct an examination as for an original adoption. If satisfied that the abro- gation is desired by all parties concerned, and will be for the best interests of the child, all the parties whose consents would be necessary to an original adoption must join in an instrument whereby the foster parent and minor agree to relinquish the relation of parent and child, and all rights acquired by such adoption, and the parents or guardian of the child, or the institution having custody thereof, agree to reassume such relation. The judge or surrogate shall indorse upon such agreement his consent to the abrogation of the adoption. The agreement and consent must be filed and recorded in the office of the clerk of the county where the foster parent resides, and a copy thereof filed and recorded in the office of the clerk of the county where the parents or guardian reside, or such institution is located, if within this State. The abrogation takes effect from the time of such filing. ( Id., § 66. ) A child may be adopted from a foster parent. (Id.) The same; application of child after adoption from institution. — The minor himself, the institution from which he was adopted, " or any person on behalf of such child," may apply for an abrogation of the adoption on the ground of cruelty, misusage, refusal of necessary provisions or clothing, or inability to support, maintain, or educate the child, or any violation of duty on the part of the foster parent. (Id., § 67.) See Form No. 4, and notes thereto. The same; on application of fo.iter parent. — The foster parent may apply for the abrogation of the adoption, on the ground of the willful desertion, or of any misdemeanor or ill-behavior of the child. (Id., § 67.) See Form No. 7, and notes thereto. No. 1. Instrument of Adoption with Consents. SURROGATE'S COURT (or, COUNTY COtHRT)— CouKTr. In the Matter of the Application of A. B. for the Adoption of C. D., a, Minor. Whereas, A. B., unmarried [or, A. B., the husband of C. B.), {or, C. B., the wife of A. B.) , {or, A. B., and C. B., his wife) , being of full age {or, both being of full age) , residing at , county of , State of , ADOPTION OF MINOES. 9T desire to adopt as his {or, their) own child, E. F., a minor, of the age of thir- teen years, now residing with, and in the lawful custody of G. H., at , county of , State of the mother of said child, the father thereof being dead (or, now in the lawful custody of G. H., of full age, the father and mother of said minor being both dead; or the father and mother having abandoned said child ; or the father having been deprived of civil rights, by being imprisoned in the State priso-i at , for the term of , for the crime of , and the mother thereof being dead, or having abandoned said child; or the mother {or, father) having been di- vorced for her ( or, his ) adultery { or, cruelty ) , and the father ( or, mother ) having abandoned said child; or the father being dead and the mother having been adjudged to be insane ; or any other facts, as the case may be, which make the consent of the parents unnecessary, as recited under the sub-title consents necessary, above ) , and it appearing by the aflSdavit of , annexed hereto, that said E. F. was born on the day of , 19 . . . , which i^ the best information obtainable on that subject; Now, the said A. B. {or, A. B. and C. B., his wife) promises and agrees to adopt the said E. F. as his (or, her, or, their) own lawful child, and by these presents does {or, do) adopt said E. F., and promise and agree to treat the said E. F. as his {or, her, or, their) own lawful child, in every respect whatsoever. And the said E. F., the said minor, and the said G. H., the mother of said minor (or other person, as the case may be), hereby consents to said adop- tion, and the said (parent's name) hereby renounces all right and claim upon said E. F., the said minor, or upon his earnings, or any other property or right which said minor may now own, possess, or be entitled to receive at the present time, or may own, possess, or be entitled to receive at any time in the future, including both equitable, as well as legal rights, property, and choses in action. And the parties to this instrument severally pray that the honorable judge (or, surrogate) will make an order allowing and confirming said adoption. In witness whereof, they, the said A. B. and C. B., as well as the said E. F., the , said minor, and the said G. H. have hereunto subscribed their names and set their seals on the day of , in the year of our Lord one thousand nine hundred and STATE OF NEW YORK, ) ' [■ ss. : County of , ) On this day of , in the year of our Lord one thousand nine hundred and , personally appeared before me, A. B., and C. B., his wife, E. F. and G. H., personally known to me to be the several persons de- scribed in and who executed the foregoing instrument of adoption and con- sents, and they severally acknowledged that they executed the same for the uses and purposes therein mentioned. H. I., County Judge of County. 7 98 clebk's assistant. Where the child is in the custody of an institution, which is an association or corporation, there should be added to the attestation clause: In witness whereof, * » * and the said Association {or, company, etc.) has caused its corporate name to be hereunto subscribed and its seal hereto affixed by its president, on the day of, etc. Also, the acknowledgment must be in the form prescribed for corporations. See title Acknowledgments, New York, By Corporation. Where the acknowledgment of "the parent or person, or institution having the custody of the minor, is taken in another county or State, care should be taken to have the certificate of the officer taking the acknowledgment properly authenticated. See title AcKNOWia:DGMENTS, New York. No. 2. Order Allowing and Confirming Adoption. (Title as above.) An instrument of adoption of E. P., a minor, of the age of thirteen years, by A. B., and C. B., his wife, {or, A. B., an unmarried person, etc.), with the nec- essary consents, according to law, having been presented to me for allowance and confirmation, and the said A. B. and C. B., the proposed foster parents, and the said E. F., the said minor, and G. H., the mother of the said minor (or other person, as the case may be), having personally appeared before me at the courthouse at , in the county of , State of New York, on the day of , in the year of our Lord one thousand nine hundred (if the parent or other person, or institution having the custody of the child, resides without the county or State, and such parent or person, or representative of such institution, does not personally appear, but their consent, properly acknowledged, is presented, recite that fact), and all of said parties having been personally examined by me, touching the reason and expediency of said adoption, and it appearing to my satisfaction, after such examination, that the moral and temporal interests of the said minor will be promoted by allowing and confirming said adoption, for the following reasons, to-wit: The father of said minor is imprisoned in the State prison at , after having been convicted of the crime of , and the mother of said minor is in poor circumstances, and is totally unable to prop- erly provide food and clothing, or to properly educate said minor. The said A. B., and C. B., his wife, are persons of good moral character, and have the means to properly provide for the said minor, and to properly educate him, and appear to have an affection for the child, and the minor for them, and they, the said A. B. and C. B., being childless, are anxious to adopt the said minor as their own child, and promise faithfully to treat him as such, and to properly educate and care for him. (State such other further or different cir- cumstances as the special case may require.) It is, therefore. Ordered, adjudged, and decreed, that the adoption of E. F. by A. B., and C. B., his wife, be and the same is hereby in all respects allowed and confirmed, and the said A. B. and C. B., and E. F. shall have and be under all the rights and liabilities as such foster parents and adopted child according to law, from ADOPTION OF MINORS. 99 the date of the filing of this order, together with the instrument of adoption, in the oflSce of the clerk of the county of Dated, , the day of , A. D., one thousand nine hundred H. I., County Jitdge of County. No. 3. Agreement of Abrogation of Adoption and Consent Thereto. SURROGATE'S (or, COUNTY) COURT — Cotjntt OF In the Matter of the Abrogation of the Adoption of E. F., a Minor, by A. B., and C. B., his Wife. This agreement, made the day of , A. D. one thousand nine hundred , by and between E. F., a minor, of , in the county of , State of , A. B., and C. B., his wife, the fos- ter parents of said E. F., both residing at , county of , State of New York, and G. H., mother of the said E. F. (or other person or institution, as the ease may be), residing at , in the county of , State of New York ; Whereas, heretofore, and on the day of , 19 ... , the un- dersigned E. F., a minor, was adopted by A. B., and C. B., his wife, by an instrument executed on that day and duly approved and allowed by an order by Hon. H. I., county judge of county, and duly filed and recorded in the office of the clerk of the county of , on the day of , 19 ... , and a copy of which was duly filed and recorded in the office of the clerk of the county of , on the day of , 19. . . ; and. Whereas, 6. H., the mother of said minor (or other person or institution, as the case may be ) consented to said adoption ; and Whereas, All the parties above mentioned desire to abrogate such adoption; Now, THIS AgEEEMENT WITNESSETH: The said E. F., the said minor, the said A. B., and C. B., his wife, the foster parents of said minor, and the said G. H., the mother of said minor (or other person or institution, as the case may be), hereby agree each with the other as follows : First. The said E. F. and A. B., and C. B., his wife, agree to, and hereby do relinquish the relation of parent and child, and all rights acquired by the adoption hereinbefore recited, and the said G. H. (or other person or institu- tion, as the case may be) agrees to, and hereby does reassume the relation of parent and child (or such other relation, as the case may be). Wherefore, the parties hereto pray that the honorable surrogate {or, county judse) nf gairl pmintv mav cnnsPTlt tn gnpli nhi-mrntimi according tO laW. 100 In witness whereof, etc. (the same as Form No. 1, including acknowledg- ments) , Consent of County Judge, or Surrogate, to be Indorsed Upon said Agreement. The within-named parties, E. F., and A. B., and C. B., his wife, and G. H. ior other person, or institution, if the latter, give name of officer of institu- tion, with his official title), having appeared personally before me, at the county courthouse of county, on this day of , 10. . ., and having presented to me the within agreement for the abrogation of the adoption of said E. F., therein named, and all the parties having been duly examined by me relative to said agreement, and it appearing to my satis- faction that the abrogation of the adoption of said E. F. is desired by all parties concerned, and that such abrogation will be for the best interests of the said minor, the said foster parents, and the said G. H., the mother of said minor (or other person or institution, as the case may be) ; I hereby con- sent to the abrogation of such adoption of the said E. F. by" the said A. B., and G. B., his wife, and to the execution of the within agreement, and approve the same. H. I., County Judge (or, Surrogate) of the County of The above agreement and consent must be filed and recorded in the office of the clerk of the county where the foster parents reside, and a, copy thereof filed and recorded in the office of the clerk of the county where the parent or guardian resides, or such institution is located, if within this State. " From the time of the filing and recording thereof, the adoption shall be abrogated, and the child shall reassume its original name, and the parents or guardians of the child shall reassume such relation." (Id., § 66.) No. 4. Petition for the Abrogation of an Adoption from a Charitable Institution. COUNTY ( or, SURROGATE'S) COURT — CoUNTT. In the Matter of the Petition of , for the Abrogation of the Adoption of E. F., a Minor, by A. B., and C. B., his Wife. To the Honorable H. I., County Judge of County ( or, to the Hon- orable Surrogate's Court, of the County of ) : Your petitioner, E. F., a minor (or the name of the institution from which the minor was adopted, or, J. K., of full age, on behalf of E. F., a minor), re- siding at , in the county of , State of New York (or, located at , in the county of State of New York, if the J i ADOPTION OF MINOES. 101 petition is made by an institution), respectfully shows to your Honor {or, to this Honorable Court, if made to a Surrogate's Court) as follows: First. That your petitioner {or, that E. F., a minor), of the age of years, was, by an instrument in writing, dated (give full particulars as to agreement of adoption, the names and residences of all the parties thereto, the date, by whom and when approved, where filed and recorded, etc., and it is good practice to attach a copy of the instrument of adoption and order ap- proving it to the petition, and recite in the body of the petition, " copies of which said instrument of adoption and the order approving the same are hereto annexed, marked Exhibits 'A' and ' B,' and hereby made a part of this petition"), duly adopted by said A. B., and C. B., his wife, therein mentioned, from (name of the orphan asylum or charitable institution from which child adopted and its location). Second. That said A. B., and C. B., his wife, at present reside at , in the county of , State of New York, and the said (name of insti- tution ) is located at , in the county of , State of Third. That (here set forth particularly the facts showing the cruelty, mis- usage, refusal of necessary provisions or clothing, or the inability of the foster parents to support, maintain, or educate the child, or any violation of duty on the part of such foster parent towards the child ) . Fourth. Your petitioner further shows that by reason of the facts herein- before recited, the interests of your petitioner {or, such minor) will be pro- moted by abrogating the said adoption ; and, further, that said foster parents have justly forfeited their right to the custody and services of your petitioner {or, such minor). Wheeefobe, Your petitioner prays that such proceedings may be had ac- cording to the provisions of section 67 of the Domestic Relations Law, that said adoption may be abrogated; that such other order or decree may be made in the premises as may be proper and lawful, and that said A. B., and C. B., his wife, may be required to pay the costs and exrpenses of this proceeding. (Signature of petitioner.) ( Signature of petitioner's counsel, with his office and post-office address. ) The above petition should be verified as follows: STATE OF NEW YORK, ) ^^ . County of , ' , being duly sworn, says that he is the petitioner whose name is subscribed to the foregoing petition; that said petition is true of his own knowledge, except as to such matters as are therein stated to be alleged on information and belief, and that as to those matters he believes it to be true. (Signature of petitioner.) Subscribed and sworn to before me, this j day of ,19... f (Signature and title of officer taking verification.) 102 CLEEK S ASSISTANT. Upon the presentation of such a petition, " a citation shall thereon be issued by such judge or surrogate, in or out of such court, requiring such foster par- ent to show cause why the application should not be granted. The provisions of the Code of Civil Procedure, relative to the issuing, contents, time and man- ner of service, of citations, issued out of a Surrogate's Court, and to the hear- ing on the return thereof, and to enforcing the attendance of witnesses, and to all proceedings thereon, and to appeals from decrees of Surrogate's Court, not inconsistent with this chapter, shall apply to such citation and to all pro- ceedings thereon. No. 5. Citation. 1 The People of the State of New York, To A. B. and C. B. (and such other persons mentioned in the petition who are required to show cause) : You, and each of you, are hereby required personally to be and appear before the Surrogate' s Court (or, our county judge) of the county of , at the courthouse at , in said county, at o'clock in the fore- noon, on the day of , 19. . ., then and there to show cause why the adoption of E. F., a minor, by A. B., and C. B., his wife, on the ' The citation may be issued by the clerk of tlie Surrogate's Court. Code Civ. Pro., § 2509. " A citation or otlier mandate of a Surrogate's Court must, except wtiere otherwise specially pre- scribed by law, be made returnable be- fore the surrogate from whose court it was issued, and may be served or exe- cuted in any county." Id., § 2515. Process from a County Court may also be served in any part of the State. Id.. § 347. The Surrogate's Court acquires jurisdiction to do any act which may be done before the actual service of the citation, when a petition is presented. Id., § 2516. A citation must be made returnable upon a day certain designated therein, not more than four months after the date thereof, and must specify whose estate or what subject-matter is in ques- tion. The names of all pei-sons to be cited, as far as they can be ascertained, mu.«t be contained in the citation. Where the name, or part of the name, or either of tlipm, cannot be ascertained, that fact must be stated in the citation. Id.. § 2519. Service of a citation within the State must be made upon an adult person, or an infant of the age of four- teen years or upwards, by delivering a copy thereof to the person served, or by leaving a copy at his residence or the place where he sojourns, with a person of suitable age and discretion, and under such circumstances that the surrogate has good reason to believe that the copy came to his knowledge, In time for him to attend at the return day. A citation must be so served, If within the county of the surrogate or an ad- joining county, at least eight days be- fore the return day thereof; if in any other county, at least fifteen days before the return day, unless. In either case, the person served, being an adult, and not incompetent, assents in writing to a ser- vice within a shorter time. Any person, although a party to the special proceed- ings, ma.v serve a citation. Id., § 2^2!). Substituted service may also be directed In the manner prescribed by sections 436, 437, when it appears by affidavit to the satisfaction of the surrogate that diligent effort has been made to serve the citation upon a re-Ident of the State and the person to be served cannot be found, or if found, that he evades ser- vice so that it cannot be made. Id., § 2521. Sections 2522 et sei. coutain provisions for service by publication, upon nonresidents, foreign corporation, unknown persons, incompetents, etc. The statutes should be consulted when It is necessary to take that proceeding. The Issue nnd service of a citation may be waived by a party in any pro- ceeding by an instrument in writing, acknowledged or approved as a deed en- ADOPTION OF MINORS. 103 day of , 19. . ., should not be abrogated, and why (name of peti- tioner) petitioner in a certain petition filed in said court, on the day of , 19. . ., should not have such other and further relief touching the adoption and the annulment thereof, of the said minor, as may be proper, together with the costs of this proceeding. In testimony whereof, we have caused the seal of our said Surrogate's Court {or, of the County Court) to be hereunto affixed. Witness, Hon. F. W., surrogate (or, county judge) of our said county, at , in the county of , this day of , in th« year of our Lord, one thousand nine hundred (SEAL.) F. W., Surrogate (or, A. ¥., Clerk of the Surrogate's Cou/rt), (or, H. I., County Judge). No. 6. Order aftar Hearing Before Surrogate or County Judge. At It term of the Surrogate's (or. County) Court, held in and for the county of , at , in said county, on the day of , 19... Present. — Hon. F. W., Surrogate ( or. County Judge ) . 1 Title same as above. A duly verified petition having been heretofore filed by , pray- ing for the abrogation of the adoption of E. F., a minor, by A. B., and C. B., his wife, from the (name of institution), and thereafter a citation having been duly issued out of this court, addressed to (names of all parties to whom citation was issued), and all of the parciea so cited having duly appeared in person, and by counsel (or, if any did not appear, recite, and proof of due service of said citation on having been made, and said not appearing in answer to said citation ) , and , having, under the direction of the court, filed a verified answer to the petition, and all the parties in interest, with their attorneys, having appeared in court on the day of , 19. . ., and the legal evidence offered by all the parties having titled to be recorded, or by personal Id., § 2533. The Terlflcatlon Is gov- appearance, or by his attorney, with erned by sections 523—526, relating to written authorization executed and ac- pleadings In civil actions. Id., § 2.";34. knowledged as a deed, and filed In the The ca.se being thus at Issue, either oflBce of the surrogate. The appear- with or without a written answer to ance of a party against whom a citation the petition, is heard In the same man- has been Issued has the same effect as ner as other contested matters before the appearance of a defendant in an ac- the surrogate. This applies also to the lion in the Supreme Court. Id.. | 21528. County Court, but the better practice The surrogate may require a party to there is to have the citations signed by serve a written, verified answer to the the county Judge, as the authority of petition and this Is the general practice., the clerlj to issue It Is doubtful. 104 clerk's assistant. been received and the arguments of counsel having been heard, and due delib- eration having been had, and it appearing to the satisfaction of the court that certain grounds for the application existed, to-wit: (state briefly these grounds); and that the interests of said E. F. will be promoted by granting the applica- tion for the abrogation of his {or, her) adoption, and that said A. B. and C. B., the foster parents of said minor, have justly forfeited their right to the custody and services of said minor, it is hereby Ordered, adjudged, and decreed, that the adoption of E. F. by A. B., and C. B., his wife, by an instrument in writing, dated the day of , 19 ... , allowed and confirmed by the surrogate (or, county judge) of county, on the day of , 19 ... , and filed and recorded in the office of the clerk of county, on the day of , 19 . . . , and a copy of which was filed and recorded in the ofBce of the clerk of the county of , on the day of , 19 ... , be, and the same hereby is in all respects abrogated, and the status of said E. F.- shall be the same as if no proceedings had been had for his adoption. /* is further ordered, that recover the costs2 of this special pro- ceeding of , to be taxed by the clerk. Enter: F. W., Surrogate. In ease the court determines that no ground for the application existed, that fact should be stated in the order, and the last two paragraphs may read substantially as follows: Ordered, adjudged, and decreed, that said petition be in all respects dis- missed, and that ( respondent ) recover costs against (petitioner), to be taxed by the clerk, according to law. Enter, etc. No. 7. Fetltion by Foster Parents for Abrogatioix of Adoption. The petition in case of a foster parent should be in substantially the same form as No. 4, except such changes as are naturally required by being made by a different person, and except the grounds for the abrogation which are, "the willful desertion of such child from such foster parent, or of any misdemeanor or ill-behavior of such child." The. facts showing such conduct on the part of the child should be set forth concisely in the petition. This petition must be verified in the same form as specified under Form No. 4. A citation is thereupon issued directed to the minor and the institution from which he was adopted. (See Form No. 5, and notes.) If such a. corporation does not ex- ist, the citation is issued to the superintendent of the poor of the county. Upon the return of the citation, if the parties all appear, including the cor- poration, the same proceedings are had as recited under Forms 4, 5, and 6. If the corporation does not appear, a special guardian shall be appointed to protect the interests of such child before any further proceedings are taken, ' This Is obviously a special proceed- vlded In the Code of Civil Procedure, Ing and there appears to be no reason _ { 3240. why costs cannot be allowed as pro- AFFIDAVITS. 105 and the foster parent shall pay to such special gviardian such sum as the court shall direct for the purpose of paying the fees and the necessary disbursements in preparing for, and contesting such application on behalf of the child. (Dom. Rel. Law, § 68.) "If such judge or surrogate shall determine, on the proofs made before him, on the hearing of such citation, that the child has violated his duty towards such foster parent, and that due regard to the in- terests of both require that such adoption be abrogated, an order shall be made and entered accordingly." (Id.) "And such judge or court may make any disposition of the child which any court or officer shall then be authorized to make of vagrant, truant, or disorderly children.'' (Id.) CHAPTEK IV. AFFIDAVITS. If an affidavit is made in a pending action or other legal proceeding, it should intelligibly refer to such action or proceeding, and, generally speaking, should be entitled the same as other papers therein. It should always contain the name of the State and county where taken, and if, by a local city or town officer, the name of such city or town. This is important, for the reason that, as a general rule, it is prima facie evidence that it was taken within the territorial jurisdiction of the officer : and an omis- sion in that respect, under some rulings, makes the affidavit ineffectual for any purpose. The body of the affidavit should show, by the sworn statement of the affiant himself, certain facts, which it is frequently necessar}- that the instru- ment should contain, and such facts should not be recited merely in the affi- davit as though made by the officer. The statement should be, John Smith, being duly sworn, deposes and says, that he is the plaintiff, or the defendant, or the agent for the plaintiff or defendant, or the petitioner, or that he resides at , or that he is of full age, etc. ; not John Smith, of full age, or residing at , or the plaintiff, or the agent of the plaintiff, being duly sworn, says, etc. The distinction between the two forms is very important. The first is the statement, under oath, of the affiant, for which he can, in a, proper case, be punished if it is false, and, therefore, receives consideration from the court. The other is a mere recital, not amounting to a statement bv anvbody, and is mere surplusage. Staples v. Fairchild, 3 N. Y. 41 ; Payne v". Young, 8 N. Y. 158. The affiant should always sign the affidavit, although cases can be found where it has been held that the signature was not absolutely essential, if it could be shown by other means that the oath was actually taken. The usual and only safe practice is, however, for the person making the affidavit to sign it. The officer taking the affidavit should also sign it, under the words : " Sworn to before me, this day of , 19. . ." In some cases, it is nec- essary, and it is always safe to use the words: "Subscribed and sworn to," etc. OATH. The following are the usual forms of oath or affirmation to be administered to persons making affidavits: On the Gospels. You do solemnly swear that the affidavit subscribed by you is true, so help you God. Affirmation. You do solemnly, sincerely, and truly declare and affirm that the affidavit subscribed by you is true. 106 CLERK S ASSISTANT. Without tlie Gospels. You do swear in the presence of the ever-living God, that the affidavit sub- scribed by you is true. No. 1. Usual Form of Affidavit. SUPREME COURT — New York County. John Jones, Plaintiff, V. James Brown, Defendant. STATE OP NEW YORK, , ' i- ss. RK, ) County of New York, ( City of , when taken by a local officer.) John Jones, being duly sworn, deposes and says that he is twenty-nine years of age, and that he is the plaintiff in the above-entitled action, etc. JOHN JONES. Subscribed and sworn to before me, this day of , 19 . . . WiLUAM White, Wotary Public, 'New York County, N. T. Where an affidavit is taken without the State of New York, to be used within that State, it must be taken before an officer authorized to take the proof and acknowledgment of deeds to be recorded in the State. In all such cases also there must be a certificate of authentication as to the official character of the officer, the genuineness of his signature and of his authority to take the proof or acknowledgment of deeds; as to the form of which, see title Acknowledg- ment, New York. CHAPTEE V. APPRENTICES AND SERVANTS. Appbentices are minors, bound to service for a term of years, to learn some art or trade. In many respects the relation of master and apprentice is similar to that of master and servant. A master may correct his apprentice for neg- ligence or other misconduct if it be done with moderation. He is entitled to the wages and fruit of the personal labor of the apprentice, while the rela- tionship continues, and the apprentice is in his service. The apprentice is bound to labor faithfully and to render all due obedience, becoming the rela- tion in which they are placed. The master is bound to teach the apprentice, in a proper manner, some useful trade. Contrary to the case of a hired ser- vant, the master is bound to pay for medical attendance upon the apprentice in case of sickness. Upon the death of the master, the apprenticeship is dissolved ; but the assets of the master, in the hands of his representatives, are chargeable with the nec- essary maintenance of the infant apprentice, in certain cases. APPKENTICES AND SERVANTS. 107 The relation of master and apprentice rests altogether upon contract, and the States generally have passed laws for the proper regulation of such eon- tracts. In many respects these regulations are similar to those of the State of New York, which are, in substance, as follows; The instrument whereby a minor is bound out to serve as a clerk, or ser- vant, in any trade, profession, or employment, or is apprenticed to learn the art or mystery of any trade or craft, is an indenture. (Dom. Rel. Law, § 70; L. 1896, e. 272.) Hereafter a minor shall not be bound out or apprenticed, except in pursuance of this article. (Id.)l Every indenture must contain: 1. The names of the parties; 2 2. The age of the minor as nearly as can be ascertained, which age, on the filing of the indenture, shall be taken prima facie to be the true age;3 3. A statement of the nature of the service or employment to which the minor is bound or apprenticed; 4. The term of service or apprenticeship, stating the beginning and end thereof ; 5. An agreement that the minor will not leave his master or employer dur- ing the term for which he is indentured; 6. An agreement that the master or employer will provide suitable and proper board, lodging, and medical attendance for the minor during the con- tinuance of the term ; or will pay to such apprentice, or to his parent or guar- dian for him, an amount sufficient to provide such suitable and proper board, lodging, and medical attendance; 7. A statement of every sum of money paid or agreed to be paid in relation to the service; 4 ^ Indentures of apprenticeship, not con- formable to the statute, are voidable only by the apprentice himself; the covenants are obligatory on his parents. Fowler V. Hollenbeck, 9 Barb. 309. ' In case of Indenture by poor officers, the Indenture must be signed by the officer or officers, master or employer, and county judge, if support of child Is chargeable to county: by two justices of the peace, if chaigenble to town; or by mayor and aldermeu, or any of them, if chargeable to city. Gen. L., c. 48, S 73. An indenture, not executed by the ap- prentice, is not binding on him. Bx parte McDowle, 8 Johns. 328. A guardian who executes an indenture, merely to render valid the binding, is Dot liable for a breach of the covenants on the part of the apprentice. Ackley V. Hoskins, 14 Johns. 374. But If he enter Into the covenants of the indenture, he is liable. Bull v. Fol- lett, 5 Cow. 170. If the father of an apprentice actually execute the indenture, though not named as a party to it, he Is bound by the covenants therein contained. Mead v. Billings, 10 Johns. 99. It Is no objection to the indenture, that the master is named as trustee of a religious society; this will be deemed merely as a descriptive personoe. Fow- ler V. Hollenbeck, 9 Barb. 309; People .. Pillow, 1 Sandf. 672. ' A recital in the indenture is prima facie, but not conclusive, evidence of the age of the apprentice. Banks v. Metcalf, 1 Wh. Cr. Cas. 381. On habeas corpus, an apprentice is not concluded by the statement of his age, contained in the indenture. Ex parte Brennan, 1 Sandf. 711; Ex parte Wright, 1 E. D. S. 409. The recital, In an Indenture, of the age of the apprentice, is only prima facie evidence, and may be rebutted; after arriving at full age, he Is no longer bound. Drew >. Peckwell, 1 E. D. S. 408. ' Where an apprentice is employed by a third person, without the knowl- edge or consent of his master, the latter is entitled to all his earnings, whether the person who employs him had or had not notice that he was an apprentice. James v. Le Roy, 6 Johns. 274; Anth. N. P. 159. Under such circumstances, a payment made to the apprentice will not bar the master's right to recover. Id. The enlistment of an apprentice in the military service dissolves the relation of master and servant: and the master has no claim to the bounty money or pay of the apprentice so enlisted. John- _RoiLjv_JQfirtd, 53 N. Y. 76. 108 CLERK 8 ASSISTANT. 8. If such minor is bound as an apprentice to learn the art or mystery of any trade or praft, an agreement on the part of the employer to teach, or cause to be carefully and skillfully taught, to such apprentice, every branch of the business to which such apprentice is indentured, and that at the expiration of such apprenticeship he will give to such apprentice a certificate, in writing, that such apprentice has served at such trade or craft, a full term of appren- ticeship specified in such indenture;" :9. If a minor is indentured by the poor oflScers of a county, city, or town, or by the authorities of an orphan asylum, penal, or charitable institution, an agreement that the master or employer will cause such child to be instructed in reading, writing, and the general rules of arithmetic,* and that at the ex- piration of the term of service he will give to such minor a new Bible. Every such indenture shall be filed in the office of the county clerk of the county where the master or employer resides. (Id., § 71.) Any minor may, by the execution of the indenture provided by this article, bind himself or herself: 1. As an apprentice to learn the art or mystery of any trade or craft for a term of not less than three nor more than five years ; or, 2. As a servant or clerk in any profession, trade, or employment for a term of service not longer than the minority of such minor, unless such indenture be made by a minor coming from a. foreign country, for the purpose of paying his passage, when such indenture may be made for a term of one year, al- though such term may extend beyond the time when such person will be at full age. An indenture made in pursuance of this section must be signed, 1. By the minor; 2. By the father of the minor, unless he is legally incapable of giving con- sent, or has abandoned his family ;T 3. By the mother of the minor, unless she is legally incapable of giving consent; 8 ° Indentures are not rendered Invalid by an omission to specify the profes- sion, trade, or employment In which the apprentice is to be Instructed; It Is sufQclent that the master covenant to teach him, or cause him to be taught, such manual occupation or branch of business as shall be found best adapted, or most suitable to his genius and capac- ity. Fowler v. Hollenbeck, 9 Barb. 309; People v. Pillow, 1 Sandf. 672. A charitable Institution, empowered to bind out children committed to Its charge, must stipulate In the Indenture that the master shall teach the child some trade or employment. Ex parte Barre, 14 Abb. (N. S.) 426. ' The indenture must contain a stipu- lation that the apprentice shall be taught the general rules of arithmetic; an en- gagement to cause him to be taught " to cipher," Is not enough. People v. Hoster, ]4 Abb. (N. S.) 414. The board of commissioners of public charities of New York have power to bind, as an apprentice, a minor child under their care, chargeable to the city. People y. Welsenbach, 60 N. T. 385. Such Indenture cannot be avoided by the child's parent, because of an omission to take from the master the obligation required by the act of 1869, c. 411. Id. Nor because the child's name Is changed, after the execution of the Indentures. Id. ' A father, In consideration of a pay- ment of money to himself, may bind himself for the faithful service of his minor son, as an apprentice; and If he bind himself, so far as It Is In his power, to see the contract fulfilled, It Is his duty to exert his parental authority to see the contract carried Into effect. Van Dorn v. Young, 13 Barb. 286. A covenant In the Indenture, on the part of the father, that the apprentice shall perform his covenants. Is a suffi- cient consent to the binding under the Revised Statutes. People v. First Judpe of Livingston, 2 Hill, 596. ' Where the father Is dead, the mother can give a valid consent to the binding of her minor child as an apprentice, without the certificate of a Justice. Peo- ple V. Gates, 43 N. Y. 40, revg. 57 Barb. 291. If the father be dead and the fact Is recited In the Indenture, no certificate APPRENTICES AND SERVANTS. 109 4. By the guardian of the person of the minor, if any; 5. If there be neither parents nor guardian of the minor, legally capable of giving consent, by the county judge of the county, or a justice of the Supreme Court of the district, in which the minor resides; 9 whose consent shall be nec- essary to the binding out or apprenticing in pursuance of this section of a minor coming from a foreign country, or of the child of an Indian woman, in addition to the other consents herein provided ; 6. By the master or employer. (Id., § 72.) The poor officers of a municipal corporation may, by an execution of the in- denture provided by this article, bind out or apprentice any minor whose sup- port shall become chargeable to such municipal corporation. In such case the indenture shall be signed, 1 . By the officer or officers binding out or apprenticing the minor ; 2. By the master or employer; 3. By the county judge of the county, if the support of such child was charge- able to the county; by two justices of the peace, if chargeable to the town, or by the mayor and aldermen, or any two of them, if chargeable to the city. The poor officers by whom a child is indentured, and their successors in office, shall be guardians of every such child, and shall inquire into the treatment thereof, and redress any grievance as provided by law. (Id., § 73.) Where an orphan asylum or charitable institution is authorized to bind out or apprentice dependent or indigent children committed to its charge, every such child shall, when practicable, be bound out or apprenticed to persons of the same religious faith as the parents of such child, and the indenture shall in such case be signed, 1. In the corporate name of such institution by the officer or officers thereof authorized by the directors to sign the corporate name to such instrument, and shall be sealed with the corporate seal; 2. By the master or employer ; and, 3. May be signed by the child, if over twelve years of age, (Id., § 74.) If a master or employer to whom a minor has been indentured shall fail, during the term of service, to perform any provision of such indenture, on his part, such minor, or any person in his behalf, may bring an action against the master or employer to recover damages for such failure ; and if satisfied that there is sufficient cause, the court shall direct such indenture to be can- celed, and may render judgment against such master or employer for not to exceed one thousand, nor less than one hundred dollars, to be collected and paid over for the use and benefit of such minor, to the corporation, or officers in- denturing such minor, if so indentured, and otherwise, to the parents or guar- dians of the child. (Id., § 75.) On the death of a master or employer, to whom a person is indentured by the poor officers of a municipal corporation, the personal representatives of the master or employer may, with the written and acknowledged consent of such person, assign such indenture, and the assignee shall become vested with all the rights and subject to all the liabilities of his assignor; or if such con- sent be refused, the assignment may be made with like effect by the county judge of the county, on proof that fourteen days' notice of the application therefor has been given to the person indentured, to the officers by whom in- dentured, and to his parent or guardian, if in the country. (Id., § 76.) No person shall accept from any apprentice any agreement, or cause him to be bound by oath, that after his term of service expires, he will not exercise liis trade, profession, or employment in any particular place ; nor shall any person exact from any apprentice, after his term of service ex!pires, any money of a Justice Is necessary to effectuate 88 1> 2, renders the Indenture voidable the consent of the mother. Potter v. at the election of the Infant, but so long Greene, 39 Hun, 72. as he voluntarily remains In the spr • An omission of a certificate of a ]us- vice, no promise to pay him for his ser- tlce of the peace, that the father has vices will be Implied; otherwise. If the abandoned and neglected to provide for service Is Involuntary. Potter v. Greene, his family, as required by 2 B. S. 154, 39 Hun, 72. 110 or other thing, for exercising his trade, profession, or employment in any place. Any security given in violation of this section shall be void; and any money paid, or valuable thing delivered, for the consideration, in whole or in part, of any such agreement or exaction, may be recovered back by the person paying the same, with interest; and every person accepting such agreement, causing such obligation to be entered into, or exacting money or other thing, is also liable to the apprentice in the penalty of one hundred dollars, which may be recovered in a civil suit. (Id., § 77.) The following extracts from the Code of Criminal Procedure relate to the same subject: If an apprentice or servant, lawfully bound to service as prescribed by special statutes, willfully absent himself therefrom, without the leave of his master, or refuse to serve according to his duty, or be guilty of any misdemeanor or ill- behavior, his master may make complaint of the facts under oath, before a jus- tice of the peace, or police justice, in the county, or before the mayor, recorder, or city judge of the city where he resides. (§ 927.) If the complaint be made in the absence of the defendant, and the facts be proved to the satisfaction of the magistrate, he must issue a warrant, signed by him, with his name of office, to a peace officer of the county or city, com- manding him to arrest the defendant and bring him before the magistrate forthwith, or at a specified time and place, to answer the complaint. (§ 928.) The peace oifieer must accordingly execute the warrant, by arresting the de- fendant and taking him before the magistrate. (§ 929.) The magistrate must immediately, or at a time to which he may, for good cause, adjourn the matter, proceed to hear the allegations and proofs of the parties, and if the complaint appear to be well founded, must commit the de- fendant to the county jail, or in the city of New York, to the city prison of that city, for not exceeding one month, at hard labor, where he must be con- fined in a room with no other person; or may, by a certificate signed by him with his name of office, discharge the defendant from the service of his master, and the master from all obligations to the defendant. (§ 930.) If a master be guilty of cruelty, misusage, refusal of necessary provisions or clothing, or any other violation of duty toward his apprentice or servant, as prescribed by special statutes, or by the indenture or contract of service, the apprentice or servant may make complaint, on oath, to any of the magistrates mentioned in section nine hundred and twenty-seven, who must summon the defendant before him, at a specified time and place. (§ 931.) The magistrate must immediately, or at a time to which he may, for good cause, adjourn the matter, proceed to hear the allegations and proofs of the parties, and if the complaint be well founded, must, by a certificate under his hands, with his name of office, discharge the apprentice or servant from the service of his master : or if not, he must, by a, similar certificate, dismiss the complaint. (§ 932.) The preceding sections of this title do not extend to an apprentice, whose master has received, or is entitled to receive a sum of money with him, as a compensation for his instruction. {§ 933.) Where money is paid, or agreed to be paid, on binding out » clerk or ap- prentice, he may make the complaint mentioned in section nine hundred and thirty-one, and the magistrate to whom it is made must examine it, as pro- vided in section nine hundred and thirty-two, and on such examination, may make such order and direction between the parties, as the justice of the case may require. (§ 934.) If, in the case mentioned in the last section, the complaint cannot be com- promised, the magistrate must take a written undertaking from the master, for his appearance at the next ierm of the County Court of the county, in a sum, and with sureties approved by him. ( § 935. ) Upon hearing the parties, the court may, by an order entered upon the min- utes, direct that the clerk or apprentice be discharged from service, and that the money paid or agreed for in binding him out, be refunded, if paid, to the ])erson who advanced it, or his personal representatives, or if not paid, that it be discharged, and that any security given therefor be delivered up or canceled. (§ 936.) APPEENTIOES AND SEKVANTS. Ill The master of a clerk or apprentice, where money is paid or agreed for on binding him out, may make the complaint mentioned in section nine hundred and twenty-seven, and the magistrate to whom it is made must proceed there- upon, as provided in sections nine hundred and twenty-eight to nine hundred and thirty, both inclusive, and may discharge the complaint, or if in his opin- ion it be well founded, may take a written undertaking, in a sum and with sureties to be approved by him, for the appearance of the clerk or apprentice at the next term of the County Court of the county. (§ 937.) Upon hearing the parties, the court may proceed as provided in section nine hundred and thirty-six, and may punish the clerk or apprentice, by fine or im- prisonment, or both, as for a misdemeanor. (§ 938.) No. 1. Apprentice's Indenture. This indenture, made the day of , A. D. one thousand nine hundred , by A. B., of , in the county of , State of New York, a minor of the age of years, party of the first part ; C. B., of , in the county of , State of New York, father of the above-named A. B. {or, mother of the above-named A. B., the said minor's father being dead, or, having abandoned, or, neglected to pro- vide for his family, or, being legally incapacitated, etc.), {or, the guardian of the above-named A. B., duly appointed by the last will and testament of M. B., deceased, the father of the said A. B., or, duly appointed by the Supreme, or, the Surrogate's Court, on the day of , 19 ... , the mother of said A. B. being legally incapacitated ; or state such other fact that makes the guardian competent to consent to the indenture, under Domestic Relations Law, section 72, quoted ante), {or, judge of the County Court of county, or justice of the Supreme Court of the judicial district, being the district in which said A. B. resides, there being neither father, mother, nor guardian of said A. B. legally capable of consenting to the mak- ing and execution of this indenture), party of the second part; and B. C, by occupation a baker, of , in the county of , State of New York, party of the third part: WITNESSETH : In consideration of the statutes of this State, authorizing this indenture, and of the mutual and reciprocal considerations hereinafter expressed, the parties hereto agree as follows. First. The party of the first part hath voluntarily bound himself, and by this indenture does, of his own free will and accord, bind himself apprentice to the party of the third part herein, to learn the art, trade, and mystery of a baker, and as an apprentice, to serve from this date, for and during and until the full end and term of three years next ensuing {or, until the said A. B. shall have attained the age of twenty-one years, which will be on the day of , 19...), during all which time, the said apprentice his master faithfully, honestly, and industriously will serve, his secrets keep, all lawful commands everywhere readily obey, and at all times protect and preserve the goods and property of said master, and not suffer or allow any to be injured or wasted; he will not buy, sell, or traffic with his own goods, or the goods of others, nor be absent from his said master's service day or night, without leave. 112 and in all things behave himself as a faithful apprentice ought to do during the said term. Second. The party of the third part binds himself and agrees to pro- vide at all times during the continuance of this indenture, suitable and proper board, lodging, and medical attendance for such apprentice (or, will pay to such apprentice, or, to his parent, or, guardian for him, an amount suffi- cient to provide such suitable and proper board, lodging, and medical attend- ance ) , and shall use and employ the utmost of his endeavors to teach or cause him, the said apprentice, to be carefully and skillfully taught or instructed in every branch of the art, trade, or mystery of a baker; and also cause the said apprentice within such term, to be instructed to read and write, and in the general rules of arithmetic; and at the end of the said term, give the said apprentice a new Bible and a certificate in writing, stating that said appren- tice has served a. full term of apprenticeship of not less than three, and not more than five years, at the trade or craft specified in said indenture. And the said B. B. further agrees to pay the said A. B. the following sums of money, viz.: (Insert amount.) Third. The party of the second part approves the terms of this indenture, and consents to the binding of said A. B. to B. C. as an apprentice as aforesaid. (If made by a guardian, recite: And I, the said party of the second part, hereby certify that the father and mother of the said A. B. are both dead, or, that neither of said parents are of legal capacity to consent to this indenture, as the case may be.) And I hereby certify that said A. B. was born on the day of , A. D. 19. . . (If made b}' the county judge, or a justice of the Supreme Court, add: And I, the said party of the second part, hereby certify that from an examination of the parties, and from my knowledge of them, I am satisfied that said A. B., the minor above named, has neither par- ents nor guardian legally capable of giving their consent to the execution of this indenture by said minor. ) Fourth. And for the true performance of all and singular the covenants and agreement aforesaid, the said parties of the first and third parts bind them- selves, each unto the other firmly by these presents.io In witness whereof, the parties aforesaid have hereunto set their hands and seals the day of , 19 . . . A. B. (L. s.) C. B. (L. 8.) B. C. (L. s.) ( Acknowledgment. ) No. 2. Agreement of the Path.er for the Faithful Performance of his Son who Binds Himself as Apprentice or Clerk. This agreement, made this day of , 19 . . . , by and between R. 0., of the first part, and M. M., of the second part, both of the town of. "> A parent or guardian who enters nonperformance by the minor. Bull v. into covenants of performance is liable Follett. 5 Cow. 170: Mead v. Billings, to the master for damages caused by 10 Johns. 99. APPRENTICES AND SERVANTS. 11:» , in the county of , witnesseth ; That the said R. 0., in consideration of the covenants and agreements to be performed by said M. M., as they are expressed and contained in an indenture of apprenticeship (or. clerkship), entered into between the said M. M. and G. H., and bearing date the day of , 19. . ., and in consideration of $1 to him in hand paid by the said M. M., the said R. 0. doth hereby covenant and agree that the said G. H. shall in all things well and truly serve the said M. M., during the said term, according to the conditions of the indenture executed as aforesaid by the said G. H. and M. M., with my written consent thereon in- dorsed, and now on file in the office of the clerk of the town of Schodack, and that he will not leave his master or employer during the term for which he is indentured. In witness whereof, the said R. O. has hereunto set his hand and seal, the day and year first above written. R. O. (L. s.) ( Acknowledgment. ) No. 3. Contract to Bind a Minor to Serve to Pay for His Passage Money. This indenture, made this day of , 19 ... , between L. R., an infant under twenty-one years of age, to-wit: of the age of twenty years on the day of , 19 . . . , coming from Paris, in France, a foreign counti-y beyond sea, of the one part, and R. L., merchant of the city of New York, of the other part, witnesseth : That the said L. R., in pursuance of the statute in such case made and provided, and in consideration of the covenants hereinafter mentioned, hath bound himself, and by these presents doth hereby bind himself to serve the said R. L. and his assigns, for the full term of one year from the date hereof, during all which time the said L. R. shall well and faithfully serve the said R. L. and his assigns, in all such lawful business as he shall be put to by the said R. L., or his assigns, to the utmost of the power and ability of the said R. L., and that he will behave himself honestly and obediently to the said R. L. and his assigns at all times. And the said R. L. on his part covenants and agrees to and with the said L. R., that he, the said R. L., will furnish and allow the said L. R. suitable and sufficient board, lodging, and medical attendance during the said term, and at the close of said term will give the said L. R. a receipt in full of all claims and demands which he now holds against the said L. R. for bringing the said L. R. from the city of Paris to the city of New York. In witness whereof, the parties have hereto set their hands and seals the day and year first above written. L. R. (L. s.) R. L. (L. s.) ( Acknowledgment. ) 114 clerk's assistant. No. 4. Acknowledgment of the Execution of the Foregoing. STATE OF NEW YORK, ) ^^ . City and County of New York, ) On this day of , 19 ... , before me came the within-named L. R., to me known to be the person who executed the within contract, and on a private examination before me, acknowledged that the said contract was by him made and executed freely for the purposes therein expressed. G. H., Recorder, etc. No. 5. Complaint against Apprentice, Etc. STATE OF NEW YORK, ) ^^ . County of , i , being duly sworn, says that he resides in the of , in said county ; that is his apprentice ( or, servant ) , lawfully bound to service as prescribed by the special statutes in such eases made and provided (here state the facts showing such relation and annex a copy of the indenture or contract of service, if any ) ; that said willfully absents himself from such service, without the leave of deponent {or, refuses to serve according to duty, or, is guilty of some misdemeanor, or ill- behavior, which state). ( Jurat. ) No. 6. Warrant for Arrest of Apprentice. STATE OF NEW YORK, ) County of , ) In the name of the People of the State of New York, To any Constable, etc., of the County of : Whereas, complaint has been made this day to me, a justice of the peace of the town of , in said county, by , against one , that he, a lawfully bound apprentice to the said , has willfully ab- sented himself from the service of the said , without his leave (name one of the grounds specified in section 927, Code Crim. Pro.) ; You are hereby commanded to arrest the said and forthwith bring him before me, at my oflBce in the of , on the day of , 19. . ., to answer said complaint. Dated at , this day of , 19 . . . , Justice of the Peace. APPBENTIOES AND SEKVAHTS. 115 :;(■ No. 7. Commitment of Apprentice Befusing to Serve. County of .... Town of ... . In the name of the People of the State of New York, to any peace officer in this State, Greeting: L. R., a person lawfully bound to service, having refused to serve accord- ing to the terms of his contract of indenture, and his master, B. B., who has not received or is not entitled to receive any sum of money with the said L. R. as a compensation for his instruction, having applied in this behalf to me, the undersigned, a justice of the peace of the said tovm, and having thereupon sent for the said L. R., and due examination and inquiry being upon the appearance of the said L. H. before me had, and the said L. R. still persisting in the said refusal, as appears by the examination and evidence before me taken, you are therefore hereby commanded to deliver the body or person of the said L. R. at the common jail of said county, to the sheriff of the said county, or to the keeper of the said jail, who are respectively required to receive him, the said L. R., and to commit and imprison him, the said L. R., in the said common jail, there to remain (for a, term not exceeding one month; and he must be confined in a room with no other person ) . Given under my hand, this day of , 19. . . R. S., Justice of the Peace. No. 8. Complaint in Regard to the Misdemeanor or Ill-Behavior of an Ap- prentice. To R. S., Esq., Justice of the Peace of the Town of , County of The petition of B. B., of said town, hereby makes complaint to you, that L. R., an apprentice, lawfully bound to serve your petitioner according to the terms of a certain indenture, a copy of which is hereto annexed, the term of whose service is still unexpired, and with whom, or from whom, I have not re- ceived, nor am I entitled to receive any sum of money as a compensation for his instruction, has been guilty of misdemeanors and ill-behavior towards me, in refusing to obey reasonable instruction and directions, and in wrongfully and willfully destrojdng my property and in doing divers other acts of annoy- ance and disturbance at divers times during the last past. Wherefore, your petitioner complains on oath as aforesaid, pursuant to the provisions of the statute in such case made and provided. Dated, , 19.. . B. B. County of Rensselaer, ss.: B. B., the above petitioner, being sworn, says that he has heard read the foregoing petition subscribed by him, and that the facts stated therein are true. B. B. Sworn before me, this day of , 19. . . E. S.. Justice, etc. 116 cleek's assistant. No. 9. Warrant on the Foregoing Petition. County of , ss.. In the name of the People of the State of New York, to any peace officer of this State, Greeting: Complaint having been made on oath, to the undersigned, justice of the peace of said county, which said complaint is as follows: (here insert the par- ticular offense charged) you are, therefore, hereby commanded to apprehend the said L. R. and bring him before the undersigned, at the office of the said E. S., in the town of , in said county, forthwith {or, on the 15th day of May, 1898, at 3 o'clock in the afternoon ) , that the said complaint may be heard, examined, and determined, according to law. Witness my hand, this , 19. . . K. S., Justice, etc. No. 10. Warrant to Commit After Hearing on the Above Complaint. County, ) Town of , f**-" In the name of the People of the State of New York, to any peace officer of this State, Greeting: Complaint having been duly made to the undersigned, justice of the peace of the town aforesaid, in regard to the alleged misbehavior and ill-demeanor of L. R., whereupon the undersigned caused the said L. R. to appear before him at the office of the said R. S. on this 15th day of May, 1898, when and where the undersigned in due form of law having heard and examined the said com- plaint, and the truth of the facts therein alleged, and having determined that the same appear to be well founded, and decided that the said L. R. is guilty of the said misdemeanor and ill-behavior in manner and form as was in the said complaint alleged, to-wit: that the said L. R. has been guilty of the fol- lowing wrongs (here set forth the particular act of which the apprentice has been found guilty), and it appearing that the said B. B. has not received, and is not entitled to receive, any sum of money with the said L. R., as a com- pensation for his instruction, * You are, therefore, hereby commanded to de- liver the body or person of the said L. R. at the common jail of said county, to the sheriflF of said county, or to the keeper of said jail, who are respectively re- quired to receive him, the said L. R., and to commit and imprison him in the said common jail for the period of twenty-five days, or until discharged ac- cording to law, there to be employed in hard labor in solitary confinement. Given under my hand, this , 19. . . (Not to exceed one month.) R. S., Justice of the Peace. No. 11. Discharge of the Apprentice from. Service. (As in the last form to the *, then as follows:) Now, therefore, pursuant to the statute in such case made and provided, tlifc APPRENTICES AND SERVANTS. Il7 undersigned hereby certifies that he has discharged, and does hereby discharge the said offender, L. R., from his said service, and the said master, B. B., from all his obligations to the said L. R., incurred under and by virtue of the in- dentures of apprenticeship. Given under my hand, this , 19. . . R. S., Justice of the Peace. No. 12. Complaint by Apprentice of Ill-tTsage from His Master. To B. B. and D. D., Esquires, two of the Justices of the Peace of the county of The petition of L. R., of the town of , in said county, respectfully shows that your petitioner was lawfully bound as an apprentice to one G. H., by indentures of apprenticeship, bearing date the day of , 19. . ., a copy of which said indentures is hereto annexed; that the term of ap- prenticeship for which your petitioner was bound has not yet expired, and that he, said G . H., has not received, and is not entitled to receive, any sum of money as a compensation for the instruction of your petitioner, and the said G. H. has cruelly beat, bruised, and wounded your petitioner, being his apprentice as aforesaid {or, has misused and ill-treated your petitioner as such apprentice, and refused and still refuses and declines to furnish your petitioner with neces- sary provisions and clothing), at Schodack aforesaid, on the 15th day of April, 1898, and at divers other times within two months last past (state facts show- ing the truth of such charge ) . Dated, ,19... L. R. County of Rensselaer, ss.: L. R., being sworn, says that he has heard read the foregoing petition sub- scribed by him, and that the facts stated therein are true. L. R. Sworn before me, this , 19 . . . R. S., Justice, etc. No. 13. Summons on Apprentice's Complaint of Ill-Treatment. County of , ss.: In the name of the People of the State of New York, to any peace officer in said State, Greeting: Complaint upon the oath of L. R., apprentice to G. H., has been made to me, the undersigned, justice of the peace, in and for said county, alleging that the said G. H., to whom the said L. R. is lawfully bound as an apprentice, has cruelly beaten, bruised, and wounded the said L. R., apprentice as aforesaid (or, has misused and ill-treated the said L. R., being his apprentice as aforesaid, by refusing to furnish him with necessary provisions and clothing), to- wit, at Schodack, in said county, on the 15th day of April, 1898, and at divers other times within two months past. Now, therefore, you are hereby commanded 118 to summon the said G. H. to appear before me at my office, in the town of , on the day of , 19. . ., at 3 o'clock in the af- ternoon of that day, that I may hear, examine, and determine as to the truth of the allegations in the said complaint. Witness my hand, this , 19 . . . R. S., Justice of the Peace. No. 14. Discharge of Apprentice after Hearing on Complaint. County of 'las : Town of , ( A petition of complaint under oath having been presented to me, the under- signed justice of the peace of the county aforesaid, by L. R., apprentice to G. H., of said town, that the said G. H., to whom the said L. R. was lawfully bound by indentures of apprenticeship, the term of whose service in which was still unexpired, and who had not received, nor was entitled to receive, any simi of money as a compensation for the instruction of the said L. R., had cruelly beaten, bruised, and wounded the said L. E., apprentice as aforesaid {or, has misused and ill-treated the said L. R., being his apprentice as aforesaid, by re- fusing to furnish him with necessary provision and clothing) ; and the said 6. H. and L. R., by virtue of my summons issued upon said petition of complaint, liave been brought before me, and upon due examination of the proofs and allegations of the parties, I find the said G. H. to be guilty of the various acts and misdemeanors charged against him as in said petition of complaint alleged. Now, therefore, I do hereby discharge the said L. R. from the service of the said G. H., anything in his indenture of apprenticeship to the contrary not- withstanding. Given under my hand, this , 19. . . R. S., Justice of the Peace. No. 15. Complaint by Apprentice where Money has Been Paid or Agreed to be Paid the Master. To E. E., Esq., one of the Justices of the Peace of the town of , of the county of : The petition of complaint of L. R., of said town, respectfully shows that your petitioner was bound as an apprentice to one 6. H., of said town, by ar- ticles of indenture, dated , 19. . ., a copy of which is hereto annexed; that the said G. H. has already received the sum of $25 as compensation for the instruction of your petitioner ; that the time of said apprenticeship has not expired, and that said G. H. has cruelly beaten, bruised, and wounded your petitioner, being his apprentice as aforesaid {or, has misused and ill-treated your petitioner as such apprentice, and refused and still refuses and declines to furnish your petitioner with necessary provisions and clothing, or, to give him the instruction as in and by the said indenture he is bound to do), to- wit, at Schodack, aforesaid, on the 10th day of April, 1898, and at divers other times APPKENTICES AND SERVANTS. 119 in the last two months, wherefore, he prays that an examination herein may be made, and that justice may be done between the said G. H. and your petitioner (state facts showing truth of charge). Dated, , 19. . . L. R. Rensselaer County, ss. : L. R., being svom, says, that he has heard read the foregoing petition, and that the facts and allegations set forth therein are in all respects true. L. R. Sworn before me, this day of , 19 . . . R. S., Justice of the Peace. No. 16. Summons on the X'oregoing. County of , ss.: In the name of the People of the State of New York, to any peace officer in said State, Greeting: Complaint having been made to me, one of the justices of the peace of the town of , of said county, upon oath of L. R., an apprentice to one G. H., of said town, that the said G. H., to whom the said L. R. is bound by indentures of apprenticeship, the term of service whereof has not expired, and who has received the sum of $25 as » compensation for the instruction of the said L. R., haa cruelly beaten, bruised, and wounded him, the said L. R., being his apprentice as aforesaid {or, has misused and ill-treated such apprentice, and refused, and still refuses and declines to furnish the said apprentice with neces- sary provision and clothing). Now, therefore, you are hereby commanded to summon the said G. H. to appear before me at my office, in the town of , on the 13th day of April, 1898, at 3 o'clock in the afternoon, that I may hear, examine into, and determine in regard to the said complaint. Witness my hand, this , 19 . . . R. S., Justice of the Peace. No. 17. Undertaking for Appearance. (Criminal Code, § 935.) STATE OF NEW YORK, , >■ ss I. County of , ) Whereas, complaint has been duly made to , a justice of the peace of said county, by , that one is guilty of cruelty to , his lawfully bound apprentice under a contract whereby has received {or, is entitled to receive) a sum of money with him as a com- pensation for his instruction; And whereas, the said has been brought before the said justice on a warrant issued on such complaint, and such complaint cannot be compro- mised ; 120 cleek's assistant. Now, therefore, we, , of the of , in said county, by occupation a , and , of the of , in said county, by occupation a , are held and firmly bound unto the people of the State of New York in the sum of dollars, for the payment of which sum we jointly and severally bind ourselves, our and each of our heirs, executors, and administrators firmly by these pres- ents. The condition of this obligation is such that if the above bounden appear at the next County Court of the county of , and there ren- der himself amenable to the orders and process of the court, then this under- taking to be void; otherwise to remain in full force and eflFect. Dated at , this day of , 19 . . . County, ss. : On this day of , 19. . ., before me came the above-named and , to me known to be the persons described in and who executed the foregoing instrument and severally acknowledged thejexecu- tion thereof. E. E., Justice of the Peace. County, ss. : D. D., of the town of Schodack, being sworn, says, he is a resident and house- holder within the county of Rensselaer, and is worth the sum of $200, over and above all just debts and liabilities, and property exempt from execution. D. D. Sworn before me, this , 19. . . E. E., Justice, etc. No. 18. Form of undertaking, under section 935, can readily be adapted to ike re- quirements of section 937 of Criminal Code. No. 19. Order of County Court on Hearing the Complaint. At a term of the County Court, held for the county of , at the city Hall, in the city of , in and for said county, on the day of ,19... Present. — B. P., County Judge. In the Matter of Complaint made by R. L., an Apprentice, against G. H., j- his Master. The said R. L., having filed his petition of complaint before R. S., a justice of the peace of said county, against G. H., his master, who had received the APPEENTICES AND SEEVANTS. 121 sum of $25 as a compensation for the instruction of the said R. L., that the said G. H. had cruelly beaten, bruised, and wounded him, the said E. L., being his apprentice as aforesaid {or, had misused and ill-treated him, the said R. L., being his apprentice as aforesaid, by refusing to furnish him, the said R. L., with necessary provision and clothing), the said G. H. having been summoned, and appeared before the said justice; and after due examination in regard to the allegations of the said R. L., the difficulty between the two parties could not be compounded, satisfied, or reconciled. Whereupon the said G. H. gave his recognizance personally to be and appear at this County Court of the said county, to answer to the complaint aforesaid, etc. And now the testimony of the said parties having been heard and considered, and the said parties having been heard by their respective counsel, it is ordered, decreed, and determined by this court, that the indentures of apprenticeship of the said L. R. be and the same are hereby canceled, set aside, and declared of none effect; and that the said L. R. be and he is forever discharged from the same. And it is further ordered, that the said G. H. refund to R. L. (or, to M. L., the father, or, mother, or, guardian of the said R. L. ) , the sum of $25, being the sum paid to the said G. H., as a compensation for the instruction of the said R. L. And it is further ordered, that the said M. L., father {or, mother, or guardian) of the R. L., be discharged from his obligation or agreement to pay said G. H. any further sum as a compensation for the instruction of the said R. L. ; and also ordered, that the said indentures of apprenticeship and the securities be given up forthwith and canceled. (Copy.) R. B., Clerk. No. 20. Complaint by Master against an Apprentice Refusing to Serve, where a Compensation is Paid for Instruction. To R. S., Esq., one of the Justices of the Peace for the county of ; The petition of G. H., of the town of Schodaek, in said county, respectfully shows in this his complaint, that R. L., an apprentice lawfully bound to serv3 your petitioner, whose term of service is still unexpired, and for whose in- struction your petitioner has received $25 {or, is entitled to receive the sum of $50 on the termination of said apprenticeship, refuses to serve your petitioner as he is required to do by law, and the terms of his indenture, a, copy of which indenture is hereto annexed. Your petitioner, therefore, prays that a summons may be issuea, requiring the said R. L. to appear before you, in order that an inquiry and examination may by you be made, in order that equity and justice may be done in the prem- ises. Dated, , 19... County of Rensselaer, sa.: G. H., being sworn, says he has read the foregoing petition by him signed, and that the facts and allegations therein set forth are true. G. H. Sworn before me, this , 19 . . . 122 cleek's assistant. No. 21. Summons on the Foregoing Petition of Complaint. In the name of the People of the State of New York, to any peace officer in said State, Greeting: Complaint having been made to me, that R. L., an apprentice to one G. H., whose term of service is still unexpired, and for whose instruction the said G. H. has received $25 ( or, is entitled to receive the sum of $50 on the termina- tion of said apprenticeship ) , refuses to serve the said G. H., as by law and the terms of his apprenticeship he is bound to do. Now, therefore, you are hereby commanded (as in No. 16, to the end). No. 22. Decision of the County Court on the Foregoing Petition of Complaint. At a term of the County Court, held for the county of , and State of New York, at the City Hall, in the city of , in said county, ,19... Present. — A. B., Esq., County Judge. In the Matter of the Complaint of G. H., Master, against L. R., Ap- prentice. Complaint on oath having been made by G. H., master, before R. S., Esq., a justice of the peace of said county, against L. R., his apprentice, as a com- pensation for whose instruction the said G. H. had received $25 (or, was en- titled to receive the sum of $50 on the expiration of the term of apprentice- ship), that the said L. R. refused to serve the said G. H., as by law and the terms of his indenture of apprenticeship he was bound to do, the said parties having been duly summoned, appeared before the said B. B., Esq., justice of the peace, and due examination into the premises being had, the difficulty between the parties could not be reconciled or compounded; whereupon the said L. E. was recognized to appear at this court to answer to the complaint aforesaid: and now the testimony of the several parties having been duly submitted, and the said parties having been heard by their respective counsel, it is ordered and decreed, that the said L. R. be fined in the sum of $20, and that he stand Imprisoned in the county jail till the same be paid, and until he shall consent to serve the said G. H. (Any order and direction between the parties, as the justice may require.) ARBITRATION AND AWARD. 123 CHAPTER VI. ARBITRATION AND AWARD. Abbitbation ia the investigation and determination of a matter of differ- ence between contending parties, by one or more unofiicial persons, chosen by the parties and called arbitrators. In New York, arbitration is governed by statute.l (Code Civ. Pro., § 2365 et seq. ) If the arbitrators do not agree, usually another person is called in as umpire,2 to whose sole judgment the matter is then referred. (Code, § 2367.) The decision in any of these eases is called an award. The first essential of an award is, and without which it has no force whatever, that it be conformable to the terms of submission. The au- thority given to the arbitrators should not be exceeded, and the precise ques- tion submitted to them should be answered, and if the award embrace mat- ters not included in the submission, it is fatal. But if the portion which ex- ceeds the submission can be separated from the rest without affecting the merits of the award, it may be rejected as surplusage and the rest will stand; otherwise, the whole is void. An award must be certain ; that is, it must be so expressed that no reasonable doubt can be entertained as to the meaning of the arbitrators, the effect of the award, or the rights and duties of the parties under it. The object of the sub- mission was the final settlement of all questions and disputes, and this is in- consistent with uncertainty .3 The award must be possible, for an award requiring that to be done which cannot be done is senseless and useless. So, too, the awar(f should be final > The statutes have not taken away or restricted the right of arbitration at common law. Cutter v. Cutter, 16 J. & S. 470; affd., 98 N. Y. 628. The submission, as well as the award, may be by parol. Giles Llth. Co. v. Recamler Mfg. Co., 15 St. Rep. 354, revg. 12 St. Rep. 169. A submission to arbitrators governed by common-law principles may still li" made, and the provision of section 2383 of the Code of Civil Procedure, making a submission irrevocable after final sub- mission, applies to such a submission. New York Lumber & W. W. Co. T. Schnieder, 119 N. Y. 475, affg. 16 St. Rep. 698; 15 C. P. 30. ' Where method, by which umpire Is to be chosen, is not prescribed, it Is necessary to follow statute which re- quires appointment to be In writing. Matter of Grenlng, 74 Hun. 62: 56 St. Rep. 196. Umpire cannot be selected by " lot." Id. Umpire selected by ar- bitrators, upon their nonagreement, must give all notices and hear witnesses anew. Id. Omission to give such rehearing Is fatal to award. Id. Where submission is to two persons, with power of selecting third person. if necessary, appraisal by two, though third is selected, is valid, in absence of disagreement. Enrlght v. Montauk F. I. Co., 40 St. Rep. 642. ' Award must be final and definite. Herbst v. Hagenaers, 137 N. Y. 290; 50 St. Rep. 687, affg. 43 St. Rep. 54. Award of sum, " which might be due respondent " at specified date, is void. Herbst v. Hagenaers, 62 Hun, 568; 43 St. Rep. 54; aftd., 50 St. Rep. 687. Award must be definite and cover all matters submitted. Id. The power of arbitrators is confined strictly to the matters submitted to them; if they exceed that limit their award will, in general, be void. They cannot decide upon their own Jurisdic- tion, and If their decision is challenged, the question of jurisdiction Is always open to inquiry. Dodds v. Hakes, 114 N. Y. 260; 23 St. Rep. 192, affg. 24 Week. Dig. 165. Award Is presumed to cover all sub- mission. In absence of positive proof to contrary, and valid award is a bar to an action on the original claim. N. y. L. & W. W. Co. \. Schnieder. 119 N. Y. 475; 29 St. Rep. 596, affg. 16 St. Rep. 698. 124 cleek's assistant. and conclusive. Yet an award may be open to any or all of these objections in part, without being necessarily void in the whole. So much of the award as is thus faulty is void, but if this can be severed distinctly from the residue, leaving a substantial, unobjectionable, and definite award behind, this may be done, and the award will then take effect. There is no especial form of an award necessary in this country. But the terms of the submission must be strictly complied with. In the construction of awards, they are generally favored and enforced, whenever it can properly be done. If it be necessary to make a presumption on the one side or the other, to give full force and significance to an award, the courts will incline to make that presumption which gives effect to the award, rather than one which avoids it. What matters may be submitted for arbitration, and the manner of con- ducting the arbitration and of enforcing the award, are in most of the States regulated by statutes. The New York Code of Civil Procedure, section 2365, etc., provides as follows : A submission of a controversy to arbitration cannot be made, either aa pre- scribed in this title or otherwise, in either of the following cases: 1. Where one of the parties to the controversy is an infant, or a person in- competent to manage his affairs, by reason of lunacy, idiocy, or habitual drunkenness. 2. Where the controversy arises respecting a claim to an estate in real prop- erty, in fee or for life. But where a person, capable of entering into a submission, has knowingly entered into the same with a person incapable of so doing, as prescribed in subdivision first of this section, the objection, on the ground of incapacity, can be taken only in behalf of the person so incapacitated. And the second sub- division of this section does not prevent the submission of a claim to an estate for years, or other interest for a term of years, or for one year or less, in real property ; or of a controversy respecting the partition of real property between joint tenants or tenants in common; or of a controversy respecting the boun- daries of lands, or the admeasurement of dower. Except as otherwise prescribed in the last section, two or more persons may, by an instrument in writing, duly acknowledged or proved, and certified, in like manner as a deed to be recorded, submit to the decision of one or more arbitrators, any controversy, existing between them at the time of the sub- mission, which might be the subject of an action. They may, in the submis- sion, agree that a judgment of a court of reoord, specified in the instrument, shall be rendered upon the award, made pursuant to the submission. If the Supreme Court is thus specified, the submission may also specify the county in which the judgment shall be entered. If it does not, the judgment may be entered in any county. (Id., § 2366.) All the arbitrators thus selected shall appoint a time and place for the hear- ing, and shall adjourn the same from time to time, as may be necessary (Id., § 2368 ) ; and on the application of either party, and for good cause, they may postpone such hearing, to a time not extending beyond the. day fixed in such submission for rendering their award,* and beyond such day on the written consent of the parties or their attorneys. (Id.) Before proceeding to hear any testimony, the arbitrators shall be sworn faithfully and fairly to hear and examine the matters in controversy, and to General award cannot be shown not to is, in matter and form, opinion, has no embrace decision on some particular mat- sucli effect. Id. ter. Id. As soon as arbitrators have made * Power of arbitrator, upon delivery and delivered their award, they be- o( award, is at end. Matter of Beach come functus officio. Flannery v. Saha- T. Sterne, 67 Hun, 341; 51 St. Rep. 819, gian, 134 N. T. 85; 45 St. Rep. 598, revg. aftg. 60 St, Sep. 873. Document, which 34 St. Rep, 887, ARBITEATION AND AWARD. 125 make a juat award,5 according to the best of their understanding, but such oath may be waived by a written consent of the parties.6 (Id., § 2369.) Witnesses may be compelled to appear before such arbitrators, by subpoenas, to be issued by them in the same manner and with the like effect, and subject to the same penalties for disobedience as in cases of trials before a judge or referee. (Id., § 2370.) All the arbitrators must meet together, and hear all the proofs and allega- tions of the parties, but an award by a majority of them shall be valid, unless the concurrence of all the arbitrators be expressly required in the submission. (Id., § 2371.) To entitle any award to be enforced according to the provisions of this title, it must be in writing, subscribed by the arbitrators making the same, and ac- knowledgedT or proved and certified in like manner as a deed to be recorded. (Id., § 2372.) Any party complaining of such award may move the court designated in such submission, to vacate the same upon either of the following grounds:* 1. That such award was procured by corruption, fraud, or other undue means. ' Arbitrators, unless restricted by sub- mission, may disregard strict rules of evidence and decide according to tbelr sense of equity. Matter of McGregor V. Sprott, 35 St. Rep. 907. Arbitrators, who are authorized to pro- ceed as majority may decide, may dis- cuss evidence taken In another case. Matter of Bennett, 30 St. Rep. 166. An award Is valid, though the arbi- trator did not hear the parties, or re- ceive evidence, if it appears that they waived a hearing, and intended that he should decide upon bis personal isnowi- edge and Inspection. Wlberly v. Mat- thews, 91 N. Y. 648. That no evidence was given as to the value of the goods In controversy will not affect the validity of an award fixing their value, where It appears that the arbitrators were themselves experts and determined the question from a personal examination. Cobb v. Dolphin Mfg. Co., 108 N. Y. 463. Uniting In arbitration does not neces- sarily contemplate that the parties shall be heard before the arbitrators. Bedell V. Kennedy, 109 N. Y. 153, affg. 38 Hun, 510. A submission of differences arising un- der a contract for the purchase of goods, which authorized the arbitrators to make a just and equitable settlement, was held to confer authority upon them to look beyond the strict technical and legal rights and obligations of the parties, and to justify an award which fixed an equi- table basis of settlement and which differed from the strict legal rights of the parties. Cobb v. Dolphin Mfg. Co., 108 N, T. 463. • Where arbitrators do not take oath prescribed by section 2369 of Code, unless waived by parties, their award is in- valid. Flannery v. Sahaglan, 134 N. Y. 85; 45 St. Rep. 598, revg. 34 St. Rep. 887. Where the oath of arbitrators was de- stroyed, upon their stating that they would swear to their report, and the hearing proceeding to adjudication with- out objection. It was held, that the oath was waived. Id. Arbitrators, before hearing testimony, must take required oath, unless waived by written consent of all parties or their attorneys. Matter of Greening, 74 Hun. 62; 56 St. Rep. 196. ' Judgment cannot be rendered upon award, which Is not acknowledged, proved, or certified according to require- ments of Code. Matter of Greening, 74 Hun, 62; 56 St. Rep. 196. ' Court cannot set aside, on motion, award not made on submission under section 2366, etc., of Code. Matter of Dl Carlo, 59 Hun, 360; 36 St. Rep. 550. Remedy is by action. Id. That arbitrators acted in excess of jurisdiction may be shown by parol in defense or avoidance of award. Dodds V. Hakes, 23 St. Rep. 192. Award may be set aside In case righta of Interested party have been prejudiced by misbehavior of arbitrators. Matter of Greening, 74 Hun, 62; 56 St. Rep. 196. Award of arbitrator cannot be set aside for mere errors of judgment as to law or facts. Masury v. Whiton, 111 N. Y. 679; 19 St. Rep. 141. Without proof of any misconduct, court Is con- fined to Inquiry whether he be kept 126 clerk's assistant. 2. That there was evident partiality or corruption in the arbitrators, or either of them. 3. That the arbitrators were guilty of misconduct, in refusing to postpone the hearing upon sufficient cause shown, or in refusing to hear any evidence, pertinent and material to the controversy, or any other misbehavior, by which the rights of any party shall have been prejudiced. 4. That the arbitrators exceeded their powers; or that they so imperfectly executed them, that a mutual, final, and definite award on the subject-matter submitted was not made. (Id., § 2374.) Any party to such submission may also move the court designated therein, to modify or correct such award, in the following cases : 1. Where there is an evident miscalculation of figures, or an evident mistake in the description of any person, thing, or property, referred to in such award. 2. Where the arbitrators shall have awarded upon some matter not sub- mitted to them, not affecting the merits of the decision upon the matters sub- mitted. 3. Where the award shall he imperfect in some matter of form, not aflteeting the merits of the controversy; and where, if it had been a referee's report, the defect could have been amended or disregarded by the court. (Id., § 2375.) Notice of a motion to vacate, modify, or correct an award must be served upon the adverse party to the submission, or his attorney, within three months after the award is filed or delivered, as prescribed by law for service of notice of a motion upon an attorney in an action. (Id., § 2376.) Upon such award being confirmed, or modified, the court shall render judg- ment in accordance with the determination of such court upon the award. (Id., i 2378.) Immediately after entering judgment, the clerk must attach together the submission and all the papers, affidavits, notices, and other papers served or used in the proceedings, with a copy of the judgment to form the judgment- roll, which may be filed and docketed (Id., § 2379), appealed from and enforced in the same manner as records of judgments. (Id., §§ 2380, 2381.) Either party has power to revoke the submission at any time after the submission previous to the final submitting the cause to the arbitrators upon a hearing of the parties for their decision: 9 but the party revoking such submission is liable for all damages and expenses incurred by the other party in preparing for such arbitration. (Id., §§ 2383, 2384.) within his jurisdiction in malting his submission and restores parties to their award. Id. original right against each other. Schepp If a part of an award which Is void v. Manley, 59 Hun, 440; 36 St. Rep. cannot be separated from that which is 991. Stipulations in agreement, uncon- wlthln the Jurisdiction of the arbitrators, nected with submission, remain unre- the whole award is void. Dodds v. volied and capable of enforcement by Hakes, 114 N. Y. 260. action at law. Id. ' A submission may be revolted by Express agreement not to revolse is either of the parties at any time before executory, and does not render the sub- the close of the proofs and final submis- mission Irrevocable. People ex rel. sion of the cause; and this, although Union Ins. Co. v. Nash, 111 N. Y. 310; there is a provision in the agreement 19 St. Rep. 75. If broken, the remedy that neither party shall have the right to is for breach of contract. Id. It is revoke it. Such an agreement Is merely irrevocable only after final submission executory, and, if broken, leaves the for decision. Id. other party his legal remedies for Its Common-law arbitration is irrevocable breach. People v. Nash, 111 N. Y. 310; after final submission. N. Y. L. & W. 19 St. Rep. 75; 16 Civ. Pro. 83, affg. 47 W. Co. v. Schneider, 119 N. Y. 475; 29 Hun, 542; 13 Civ. Pro. 301. St. Rep. 596, atTg. 16 St. Rep. 698. Revocation of arbitration terminates AEBITEATION AND AWARD. 127 No. 1. Short Form of Submission, lo The undersigned hereby mutually agree to submit all their matters in differ- ence, of every name and kind, to the determination and award of A. B., C. D., and E. F., as arbitrators ; the said arbitrators to hear and determine the same, and make their award in writing, on or before the day of , 19... Witness our hands, this day of , 19 . . . In presence of G. H. L. M. J. K. ( Acknowledgment. ) No. 2. Oeneral Submission. Whereas, differences do now, and for a long time have, existed between G. H. and J. K., both of the city of Schenectady, in relation to divers subjects of con- troversy and dispute. Now, therefore, the undersigned G. H. and J. K., afore- said, do hereby mutually covenant and agree to and with each other, to submit all and all manner of actions, cause and causes of actions, suits, controversies, claims and demands whatsoever, now pending, existing, or held by and be- tween the said parties, to A. B., C. D., and E. F., as arbitrators, who, or any two of whom, shall arbitrate, award, order, judge, and determine of and con- cerning the same ; and we do mutually covenant and agree * to and with each other that the said award to be made by the said arbitrators, or any two of them, shall, in all things, by us, and each of us, be well and faithfully kept and observed: Provided, however, that the said award be made in writing, under the hands of the said arbitrators, or any two of them, ready to be delivered to the said parties in difference, or either of them, on the day of , 19... G. H. (L. s.) Witness our hands and seals, this January 2, 1898. J. K. (l. s. ) ( Acknowledgment. ) No. 3. Special Submission to Arbitrators. Whereas, a controversy is now existing and pending between G. H. and J. K., in relation to the building of a dwelling-house, constructed by the said G. H. for the said J. K., on Main street, in the city of Schenectady. Now, therefore, the said G. H. and J. K. do hereby mutually consent and agree to submit the said controversy, and all questions of difference in regard thereto, to the arbitrament and decision of A. B., C D., and E. F., or any two of them : and we do mutually covenant and agree ( as in the last No. from the * to the end). " It must be acknowledged or proved and certified In same manner as a deed to be recorded. Code, § 2366. 128 cleek's assistant. No. 4. If Judgment is to be Entered on the Award, Insert the EoUowing. And it is hereby further mutually agreed by and between the said parties that judgment in the Supreme Court of the State of New York may be rendered upon the award to be made pursuant to this submission, to the end that all matters in controversy between them, specified in the submission, shall be finally concluded, which judgment may be rendered in Schenectady county. No. 5. Arbitration Bond.ii Know all men by these presents, that I, G. H., of the city of Schenectady, am held and firmly bound unto J. K., of the same place, in the sum of $200, lawful money of the United States of America, to be paid the said J. K., his executors, administrators, and assigns, for which payment well and truly to be made I bind myself, my heirs, executors, and administrators, firmly by these presents. Sealed with my seal, and dated the day of , 19. . . The condition of this obligation is such, that if the above-bounden G. H. shall well and truly submit to the decision of A. B., C. D., and E. F., named, selected, and chosen arbitrators, as well by and on the part and behalf of the said G. H., as of the said J. K., oetween whom a controversy exists, to hear all the proofs and allegations of the parties, of and concerning any and all matters relating thereto. But before proceeding to take any testimony therein, the said arbitrators shall be sworn " faithfully and fairly to hear and examine the matters in controversy between the parties to these presents, and to make a just award according to the best of their understanding," so as the award of the said arbitrators, etc., be made in writing, subscribed by them, or any two of them, and attested by a subscribing witness, ready to be delivered to the said parties on or before the day of , 19 . . ., then the above obligation to be void. And it is hereby mutually agreed, by and between the parties to these pres- ents, that judgment shall be rendered upon the award which may be made pur- suant to the submission in the Supreme Court, to the end that all matters in controversy in that behalf between the said parties shall be finally concluded, pursuant to the provisions of the statute for determining controversies by arbitration. G. H. (l. s.) J. K. (L. s.) No. 6. Notice to Arbitrators of Their Appointment. To A. B., C. D., and E. F., Esquires: Gentlemen. — You are hereby notified that you have been selected and chosen arbitrators on the part and behalf of each of the undersigned, to arbitrate, " Bond Is not requlroo on Code arblfrat'on. When given, each party should execute bond to other. AEBITKATION AND AWARD. 129 award, adjudge, and determine as to certain matters of diflFeronce specified in the submission of the undersigned, which will be shown you {or, the bond of arbitration which will be shown you, or, the specific questions submitted may be here inserted) ; and you are requested to meet the said parties at the house of the said C. D., in the city of Schenectady, on the 15th day of January, 1898, at 3 o'clock in the afternoon, to appoint a time to hear the proofs and allega- tions of the parties. Yours, etc., Schenectady , 19. . . G. H. J. K. No. 7. Oath of Arbitrators. Schenectady County, ss. : We, A. B., C. D., and E. F., the undersigned arbitrators, appointed by G. H. and J. K., do severally swear that we respectively will faithfully and fairly hear and examine the matters in controversy between the before-named parties, and will make a just award therein, according to the best of our understanding. A. B. Severally subscribed and sworn before J C. D. me, this of , 19 . . . j E. F. L. M., Justice of the Peace. No. 8. ITotice of Hearing Before Arbitrators. In the Matter of the Arbitration be- tween G. H. and J. K. Sm. — Take notice, that a hearing in the above matter will be had before the arbitrators, at the office of C. D., in the city of Schenectady, on the day of , 19. . ., at 10 o'clock in the forenoon. Schenectady, , 19 . . • Yours, etc.. To G. H., Esq. J. K. No. 9. Subpcena to Appear Before Arbitrators, ' The People of the State of New York, to 0. P. and R. S., Greeting: You are commanded to be and appear before A. B., C. D., and E. F., or any two or more of them, arbitrators chosen to determine a, controversy be- tween G. H. and J. K., at the office of the said C. D., in the city of Schenec- tady, on the 25th day of January, 1898, at 3 o'clock in the afternoon, then and 130 CLERKS ASSISTANT. there to testify and give evidence in relation to said controversy before said arbitrators, on the part of said G. H. Hereof fail not at your peril. Given under my hand, this , 19. . . A. B., C. D., E. P, ArMtraUirg. No. 10. Oath to be Administered to a Witness Before Arbitrators. You do swear that the evidence you shall give to the arbitrators here pres- ent, in a certain issue joined (or, on certain matters of difference) between G. H. and J. K., shall be the truth, the whole truth, and nothing but the truth ; so help you God. No. 11. Revocation of Submission. 12 In the Matter of the Arbitration be- tween G. H. and J. K. To A. B., C. D., and E. F., Esquires, Arbitrators: Gentlemen. — Take notice, that I hereby revoke your powers as arbitrators under the submission made to you by J. K. and myself, in writing, and dated the day of , 19 . . . Yours, etc., Schenectady, , 19. . . G. H. No. 12. Notice to Opx>oslte Party of Kevocation. In the Matter of the Arbitration be- tween G. H. and J. K. To J. K., Esq.; SiK. — Take notice, that I have this day revoked the powers of A. B., 0. D., and E. P., arbitrators chosen to settle the matters in controversy between us by an instrument of revocation, of which the following is a, copy. Schenectady, , 19. . . Yours, etc., (Add copy of revocation.) G. H. " Berocation must be made before final submission to arbitrators and be In writing. ARBITRATION AND AWARD. 131 No. 13. Award. G. H. and - In Arbitration J. K. The undersigned, A. B., C. D., and E. F., having been duly appointed ar- bitrators as to certain matters in difference between the above-named G. H. and J. K., by a bond (or, submission), executed by the said parties, bearing date the day of , 19. . ., as by reference thereto will fully appear, and having heard the proofs and allegations of the said parties, and duly deliberated thereupon, do hereby award, determine and order that (insert the finding of the arbitrators ) . In witness whereof, we have hereunto set our hands and seals, this day of , 19 . . . In presence of A. B. (l. s.) L. M. C. D. (L. s.) G. K. E. F. (L. s.) No. 14. Oeneral Award. To all to whom these presents shall come or may concern, send Greeting: A. B.J C. D., and E. F., to whom were submitted as arbitrators the matters in controversy existing between G. H. and J. K., as by the condition of their submission executed by the said parties respectively, and sealed with their respective seals, dated the day of , 19. . ., more fully ap- pears: Now, therefore, know ye, that we, the arbitrators mentioned in the said sub- mission, having heard the proofs and allegations of the parties, and exam- ined the matters in controversy by them submitted therein, do, therefore, make this award in writing, that is to say, the said ( insert the finding) . In witness whereoi, we have subscribed these presents, this day of ,19.-- In presence of A. B. (l. s.) L. M. C. D. (L. s.) N. O. E. F. (I. s.) No. 15. Special Award. To all to whom these presents shall come, A. B., C. D., and E. F., send Greet- ing: Whereas, divers suits, disputes, controversies, and differences have hap- pened and arisen, and are now depending, betwpeii G. H. and J. K., both of 132 CLEEIC S ASSISTANT. the eity of Schenectady, for pacifying, composing, and ending whereof, the said Gr. H. and J. K. have bound themselves each to the other, in the penal sum of $500, by several bonds or obligations, bearing date , 19. . ., with condition thereunder written, to stand to, obey, abide, perform, and keep the award, order, arbitrament, final end, and determination of the said A. B., C. D., and E. F., arbitrators indifferently named, elected, and chosen as well on the part of the said G. H., as of the said J. K., to arbitrate, award, adjudge, and determine, of and concerning all, and all manner of action and actions, cause and causes of actions, suits, bills, bonds, judgments, executions, quar- rels, controversies, trespasses, damages, and demands whatever, at any time or times theretofore had, made, commenced, sued, prosecuted, or depending, by or between said parties, or either of them, so as the said award should be made in writing, under the hands and seals of the said arbitrators, or any two of them, ready to be delivered unto the said parties, or such of them as should require the same, on or before the day of , 19. . ., as by the said obligations and conditions thereof, it doth and may appear. Now know ye, that the said A. B., C. D., and E. F., taking upon them the charge and burden of said award, and having deliberately heard the allegations and proofs of both the said parties, do, by these presents, arbitrate, award, order, decree, and adjudge of and concerning the premises, in manner and form following, that is to say: First. They do award, order, decree, and adjvidge G. H., or his heirs, shall and do, on or before the 1st day of June next ensuing the date hereof, make and execute a good and sufficient conveyance of his interest as lessee for years, of a certain farm in the possession of the said G. H., situate on the Albany road, in the said city of Schenectady, pursuant and according to the true in- tent and meaning of certain articles of agreement, bearing date on or about , 19. . ., and made between the said G. H. and the said J. K. And also the said arbitrators do further award, decree, and adjudge, that the said 6. H., his executors or administrators, shall and do, on or before the 1st day of June next ensuing the date hereof, pay, or cause to be paid, unto the said J. K., his executors or administrators, at, or in the now dwelling- house of the said J. K., in Schenectady aforesaid, the sum of $100, in full pay- ment, discharge, and satisfaction of and for all moneys, debts, duties due or owing unto the said J. K. by the said G. H., upon any account whatsoever, at any time before their entering into the said bonds of arbitration aforesaid. And also, the said arbitrators do further award, order, decree, and adjudge that all actions and suits commenced, brought, or depending, between the said G. H. and J. K., for any matter, cause, or thing whatsoever, arising or hap- pening at the time of, or before their entering into the said bonds of arbitra- tion, shall, from henceforth, cease and determine, and be no further prosecuted or proceeded in by them, or either of them, or by their, or either of their, means, consent, or procurement. And, lastly, the said arbitrators do further award, order, adjudge, and de- cree that the said G. H. and J. K. shall and do, within the space of five days next ensuing the date of this present award, seal and execute unto each other, mutual and general releases of all actions, cause and causes of actions, suits, ARBITRATION AND AWARD. 133 controversies, trespasses, debts, duties, damages, aeoounts, reckonings and de- mands whatsoever, for or by reason of any matter, cause, or thing, whatsoever, from the beginning of the world to the day of the date of the said bonds of arbitration as aforesaid. In witness whereof, the said arbitrators to this present award have set their hands and seals, this day of , 19 . . . In presence of A. B. (l. a.) L. M. C. D. (L. s.) B. A. E. P. (L. 8.) No. 16. Acknowledgment of the Award. City and County of Schenectady, ss.: On this day of , 19. . ., before me came the above-named A. B., C. D., and E. F., to me known to be the persons described in, and who signed and executed the above award and severally acknowledged the execution thereof. N. 0., Com., etc. No. 17. Proof of Execution of Award — Another X'orm. City aad County of Schenectady, ss.: On this day of , 19 ... , before me came the above-named Ii. M., to me known, who, being by me sworn, did depose and say, that he resides in the city of Schenectady; that he knows the above-named A. B., C. D., and E. F. ; knows them to be the same persons described in the said award as the ar- bitrators therein mentioned and described; that he was present and saw the said A. B., C. D., and E. F. severally sign, execute, and deliver the said award, and that thereupon he affixed his name as subscribing witness thereto. N; O., Commissioner of Deeds. No. 18. Proof of Service of Award. City of Schenectady, ss.: G. H., being sworn, says, that on the 26th day of January, 1898, he served the within award upon the within-named J. K., at the said city of Schenec- tady, and such service was made by handing to, and leaving with, the said J. K., a true copy of said original award and at the same time showing him said original award. G. H. Sworn to before me, this , 19 . . . N. 0., Commissioner of Deeds. 334 CLEEK S ASSISTANT. CHAPTEE VII. ASSiaNMENTS.i Assignment signifies the transfer of all kinds of property, real personal and mixed, and whether the same be in possession or in action. When ap- plied to real estate, it usually signifies the transfer of a term for years; but it is more properly used to signify a transfer of some particular estate or in- ' What assignable. — Interest In the land contract may be assigned by hus- band to wife. Fruhauf v. Bendheim, 40 St. Eep. 185, affg. 24 St. Eep. 759. Contract which, by its express terms, is binding upon legal representatives of parties, is assignable. Walton v. Eafel, 7 Misc. 663; 58 St. Eep. 807. Assignment of fund to become due from United States government is not void as between parties, but only as against government. York v. Conde, 66 Hun, 316; 49 St. Eep. 544. Assignment of right of action for con- version of mortgaged goods, by chattel mortgagee, constitutes election to rely on such action, instead of action to re- cover property. Baumann v. Jefferson, 4 Misc. 147; 53 St. Eep. 116. Covenant not to engage in certain busi- ness within certain period or a certain distance is assignable in connection with sale of business. Greite v. Henricks, 71 Hun, 7; 53 St. Eep. 851. Beneficiary in life insurance policy may assign his claim after company has re- fused to pay. Meagher v. Life Union, 65 Hun, 354; 47 St. Eep. 588. Inventor may assign not only com- pleted invention, but also rights grow- ing out of subsequent improvements. Magnolia A. F. M. Co. v. Singley, 42 St. Eep. 893, affd., 50 St. Eep. 932. Claims of tenants for damages to goods caused by leakage from water tank on roof are assignable. Butts v. Miickry Co., 72 Hun, 562; 55 St. Eep. 137. Eight of re-entry for breach of condi- tion subsequent is not assignable to, nor enforceable by, one not vested with re- versionary estate. Kelly v. Smith, 45 St. Eep. 49. Mere expectancy of heir to his an- cestor's estate may be assigned. Kln- yon V. Kinyon, 72 Hun, 452; 55 St. Eep. i247. What constitutes. — Oral assignment of claim arising on contract, accompanied by payment of purchase ' price, is valid. Clegg V. N. Y. Newspaper Union, 72 Hun, 395; 55 St. Eep. 464. Grlving of check by depositor does not, In absence of assent by depositary, operate as assignment of debt created by making deposit. First Nat. Bank v. Clark, 134 N. Y. 368; 48 St. Rep. 283, atfg. 30 St. Eep. 1021. Mere statement by partner that he would assign, in absence of delivery of evidence or entry on firm books, does not constitute assignment. Pettier & S. M. Co. V. Noel, 44 St. Rep. 201; affd., 51 St. Eep. 932. Signing and acknowledgment of assign- ment, without delivery, do not complete its execution. Govin v. De Miranda, 76 Hun, 414; 59 St. Eep. 337. Assignments of moneys due under con- tract must be established by written Instrument, or delivery of contract or some evidence of the claim. Paige v. Mayor, etc., 33 St. Eep. 844. Written assignment of contract, with copy annexed, where agreement to as- sign does not provide for delivery of original, is valid without such delivery. Akin V. Meeker, 78 Hun, 387; 60 St. Eep. 697. Considerution. — Fact that assignment is under seal conclusively imports suffi- cient consideration to uphold transfer. Talbert v. Storum, 50 St. Eep. 267. Where assignee has obtained legal title, debtor is not concerned as to amount of consideration paid for claim. Bedford V. Sherman, 68 Hun, 317; 52 St. Eep. 98. Liability to account to assignor for proceeds of litigation does not deprive assignee of right to maintain action. Moore v. Robertson, 43 St. Rep. 245. Transfer of legal title to claim enables assignee to recover thereon, though as- ASSIGNMENTS. 135 terest in lands. The proper technical words of an assignment are " assign, transfer, 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. Every assignment of any interest in lands must be in writing, and in order to be recorded, it must be acknowledged. Assignments of personal property may be by parol. But assignments of instruments under seal, as bonds, mort- gages, and leases, should likewise be under seal, and the assignment of a pol- icy of insurance should always receive the assent of the insurers, which must be in writing, signed by the proper officer, and is usually indorsed on the pol- icy of insurance. signer expects to share In recovery. Hecht v. Mothner, 4 Misc. 536; 54 St. Kep. 121. Debtor cannot question legality of transfer whicli is sufficient to protect liim in paying to assignee amount due on assigned ciaim. Purdy v. Nova Scotia M. R. & I. Co., 8 Misc. 310; 59 St. Rep. 409. Assignee of collateral mortgage takes it subject to equities between mortgagor and mortgagee. Hill t. Hoole, 116 N. Y. 299; 26 St. Rep. 637, afEg. 1 St. Rep. 556. £quitabU. — Order drawn on third per- son, payable out of particular fund then due, operates as assignment pro tanto of fund. Lauei- v. Dunn, 52 Hun, 191; 23 St. Rep. 374. Oral agreement, in consideration of indorsement, to turn over avails of con- tract to indorsers with which to pay such notes, constitutes equitable assignment of funds. Yorlt v. Conde, 61 Hun, 2U. 39 St. Rep. 945. Order on attorney to pay creditors all moneys collected from judgment is equi- table assignment. Hussey v. Culver, 25 St. Rep. 42. Agreement with attorney to collect on shares operates as equitable assignment of so much of claim. Palrbanits v. Sar- Kent, 117 N. Y. 320; 27 St. Rep. 411, revg. 21 St. Rep. 874. Orders, payable out of particular fund due contractors, is equitable assignment pro tanto. Stevens v. Reynolds, 54 Hun, 419; 27 St. Rep. 497. Notice to drawee of order without stat- ing amount or fund, or to or by whom drawn, is insufficient to charge him with liability. Crouch v. Muller, 37 St. Rep. 825. Order directing payment out of par- ticular fund is equitable assignment of amount and binds drawee from the mo- ment he receives notice thereof, with- out acceptance. Hollister v. Kolb, 35 St. Rep. 825. Upon what assignee's right to recover depends, where order was drawn by con- tractor for part of last installment un- der building contract, and accepted by such owner. Beardsley v. Cook, 143 N. Y. 143; 62 St. Rep. 144, revg. 51 St. Rep. 405. Order by contractor upon owner, di- recting him to pay sum specified, and deduct same from amount of contract, operates as equitable assignment pro tanto. Crouch i. Muller, 141 N. Y. 495; 57 St. Rep. 585, a£Eg. 48 St. Rep. 355. Accepted order upon particular fund operates as equitable assignment. Ste- vens V. Ogden, 130 N. Y. 182; 41 St. Rep. 331, revg. 27 St. Rep. 497. Unaccepted order drawn on particular fund operates as assignment thereof pro tanto. Gurnee v. Button, 63 Hun, 197; 44 St. Rep. 926. Agreement, either by parol or in writ- ing, to pay debt out of designated fund, does not give equitable lien, or operate as equitable assignment. Thomas v. N. Y. & G. L. R. Co.. 139 N. Y. 163; 54 St. Rep. 498. Where order is accepted to be paid out of installment when due, contract of ac- ceptance must be regarded open until maturity of installment is shown. Gauld V. Lipman, 4 Misc. 78; 53 St. Rep. 137, revg. 49 St. Rep. 880. Order drawn on particular fund binds it in hands of drawee from date of pre- sentation or notice of assignment. Huff- man V. Beever, 69 Hun, 557; 53 St. Rep. 338. This is case whether fund is, or is not, in hands of drawee at time of such notice, or comes into his hands there- after. Id. An order on a fund due the drawer amounts in law to an assignment of the fund pro tanto; such an order upon the 136 cleek's assistant. No. 1. General Assignment Indorsed on the Assigned Instrument. Know all men by these presents, that I, the within-named L. M., in consid- eration of $100 to me paid by R. S., have assigned to the said R. S., and his assigns, all my interest in and to the within instrument, and every part and parcel thereof, and all the rights and interests therein and thereby conveyed. And I do hereby constitute and appoint the said R. S. my true and lawful at- torney in my name, but at his own cost and charges, to take all legal meas- ures which may be necessary to enforce the stipulations and agreement herein contained, or to recover the moneys due or to grow due thereon. Witness my hand and seal, this 20th day of June, 19. . . (Acknowledgment.) L. M. (l. s.) No. 2. Assignment of a Iiease. Know all men by these presents, that I, W. P., the within-named lessee, for and in consideration of $50, to me in hand paid by V. 0., of the town of Wes- terlo, county of Albany, at and before the sealing and delivery hereof, the re- ceipt whereof I do hereby acknowledge, have granted, assigned, and set over, and by these presents do grant, assign, and set over, unto the said V. 0., his executors, administrators, and assigns, the within indenture of lease, and all that house and farm therein described, with the appurtenances; and also all my estate, right, title, term of years yet to come, claim, and demand whatso- ever, of, in, to, or out of the same. To have and to hold the said house and farm, and the ajppurtenances thereof unto the said V. 0., his executors, admin- istrators, and assigns, for the residue of the term within mentioned, under the yearly rent and covenants within reserved and contained, on my part and be- half to be done, kept, and performed. Witness my hand and seal, this June 20, 19. . . W. P. (L. s.) ( Acknowledgment. ) owner of a building, given by the con- the owner from the moment he recetves tractor to a subcontractor prior to the notice thereof. Hollister v. Kolb, 35 filing of any Hen, was held to be su- St. Eep. 825. perior to any Hen subsequently filed. A contractor giving a creditor ao order Lauer v. Dunn, 115 N. Y. 405, a£Eg. 52 upon the owner of the building, pay- Huu, 191; 23 St. Eep. 374: 3 Supp. 161. able out of the amount due him, such An order, by a contractor to build it order, if accepted, operates as an assign- house, upon the owner, to pay a cer- ment, provided no lien has been filed at tain amount of the contract money to the time of the acceptance. Stevens v. the payee, is an equitable assignment for Ogden, 41 St. Eep. 331, revg. 54 Hun, the moneys mentioned therein and binds 419; 7 Supp. 771; 27 St. Eep. 497. ASSIGNMENTS. 137 No. 3. Short Form of Assignment Indorsed on an Instrument. In consideration of $1, to me paid by A. B., I hereby sell, assign, and con- vey to the said A. B. the within instrument, and all the money due and to grow due thereon, and all the right and interest therein and thereby acquired. June 20, 19 . . . ( Acknowledgment. ) No. 4. Assigrnment of Policy of Insurance. Know all men by these presents, that I, P. B., of the village of Coxsackie, for and in consideration of $25, to me in hand paid by R. C, of the same place, the receipt whereof is hereby acknowledged, have sold, assigned, transferred, and set over, and by these presents do sell, assign, transfer, and set over, unto the said R. C, the policjr of insurance, known as policy No. 23,685 of The In- demnity Insurance Company, and all sum and sums of money, interest, bene- fit, and advantage whatsoever, now due, or hereafter to arise, or to be had or made by virtue thereof; to have and to hold the same unto the said R. C. and his assigns forever. In witness whereof, I have hereto afBxed my hand, this June 20, 19 . . . (Acknowledgment.) P. B. No. 5. Assignment of Policy as a Security. ( As in the last form to " R. C, and his assigns forever," and then add as follows : ) this assignment is hereby made to secure the said R. C. against any loss and damage which he may incur or sustain by reason of his, R. C.'s, in- dorsement of a promissory note made by the said P. B., dated April 10, 1898, for the sum of $100, payable three months after date, the payment of which note, at maturity, by the said P. B., will render this assignment void, but otherwise to be of full force and virtue. In witness, etc. ( as in the last to the end ) . ( Acknowledgment. ) No. 6. Assignment of Policy Indorsed Thereon. In consideration of $1, to me in hand paid by R. C, I do hereby sell, assign, transfer, and set over to said R. C. the within policy of insurance, and all the money due, and which may become due thereon. Albany, April 9, 19... P. B. ( Acknowledgment. ) 138 cleek's assistant. No. 7. Assignment of Policy Indorsed Thereon to Secure a Mortgage. ( As in the last form to the words " become due thereon," and then add : ) this assignment is intended to secure the said R. C, to the extent of his mort- gage on the premises referred to in said policy, and when said mortgage is paid, to be void. April 9,19... P. B. No. 8. Consent of Assignment of Policy to be Signed by an Officer of the Company. OrriCB OP THE Albany Instjeanoe Co., ) Albany, April 9, 19 . . . ) The Albany Insurance Company hereby consent to the assignment of the within policy of insurance, by the insured therein named, subject to all the conditions and provisions in said policy expressed, to R. C. S. G., Secretary, etc. No. 9. Assignment of Patent Bight. Whereas, letters-patent, bearing date the 10th of January, 1898, were granted and issued by the government of the United States, under the seal thereof, to R. K., of the town of Coeymans, of the State of New York, for (here state the nature of the invention as in the patent) a more particular and full description whereof is annexed to the said letters-patent in a sched- ule; by which letters-patent the full and exclusive right and liberty of making and using the said invention, and of vending the same to others to be used, was granted to the said R. K., his heirs, executors, administrators, or assigns, for the term of seventeen years, from the same date. Now, know all men by these presents, that I, the said R. K., for and in con- sideration of the sum of $50, to me in hand paid, the receipt whereof is hereby acknowledged, have granted, assigned, and set over, and by these presents do grant, assign, and set over unto L. P., of the said town of Coeymans, his ex- ecutors, administrators, and assigns, forever, the said letters-patent, and all my right, title, and interest in and to the said invention, so granted unto me ; to have and to hold the said letters-patent and invention, with all benefit, profit, and advantage thereof, unto the said L. P., his executors, adminis- trators, and assigns, in as full, ample, and beneficial manner, to all intents and purposes, as I, the said R. K., by virtue of the said letters-patent, may or might have or hold the same, for and during all the rest and residue of the term for which said letters are granted. In witness whereof, I have hereto affixed my hand and seal, this 10th day of June, 19. . . In presence of R. K. (l. s.) A. B. C. D. ( Acknowledgment. ) ASSIGNMENTS. 139 No. 10. Assignment of Contract for Sale of Beal Estate. This indenture, made this day of , 19. . ., witnesseth, that I, L. C, of the city of New York, for and in consideration of the sum of $600, lawful money of the United States, to me in hand paid, by M. D., of the same place, have sold, and by these presents do sell, transfer, assign, and set over, unto the said M. D., a contract for the sale of certain real estate, being lot No. 128, in Forty-third street, in said city, being more particularly described in said contract, which said contract was made and executed by one N. E., of the city of Brooklyn, to the said L. C, and bears date the 10th day of December, 1896, to have and to hold the same unto the said M. D., his heirs, executors, admin- istrators, and assigns, for his and their use and benefit forever; subject, never- theless, to the covenants, conditions, and payments therein mentioned. And I hereby authorize and empower the said M. D., upon his performance of the said covenants and conditions, to demand and receive of the said N. E., the deed covenanted to be given in the said contract, in the same manner, to all intents and purposes, as I myself might, or could do, were these presents not executed. In witness whereof, I have hereto affixed my hand and seal the day and year first above written. L. C. (i.. s.) ( Acknowledgment. ) No. 11. Same Indorsed on the Contract. In consideration of $600, to me in hand paid, by M. D., I hereby sell, assign, and set over to the said M. D., his heirs and assigns, the within contract, and all my estate, right, title, interest, claim, property, and demand of, in, and to the same, and the premises therein described, and hereby authorize the said M. D., on his performance of the covenants, conditions, and payments therein expressed, to demand and receive of the within-named N. E. the deed cove- nanted in the within contract to be given. Witness my hand and seal, this April 9, 19. . . L. C. (l. s. ) ( Acknowledgment. ) No. 12. Assignment of Demand for Wages or Debt. In consideration of $100, to me in hand paid, by M. D., of the city of Troy, the receipt whereof is hereby acknowledged, I, L. C, of the same place, have sold, and by these presents do sell, assign, transfer, and set over, unto the said M. D., a certain debt due from N. E., amounting to the sum of $150, for work, labor, and services by me performed for the said N. E. (or, for goods sold and delivered to the said N. E.), with full power to sue for, collect, and discharge, or sell and assign the same, in my name, or otherwise, but at his 140 cleek's assistant. own cost and charges; and I do hereby covenant that the said sum of $150 is justly due as aforesaid, and that I have not done, and will not do, any act to hinder or prevent the collection of the same by the said M. D. Witness my hand, this April 9, 19.. Ij- C. ( Acknowledgment. ) No. 13. Assignment of Account Indorsed Thereon. In consideration of $1, value received, I hereby sell and assign to M. D. the within account, which is justly due from the within-named N. B., and I hereby authorize the said M. D. to collect the same. Troy, April 10, 19.. h. 0. ( Acknowledgment. ) No. 14. Assignment of a Copyright of a Book, for One Edition. This indenture, made this 9th day of April, 19 . . . , by and between K. S., of the city of New York, of the first part, and L. T., of the same place, of the second part, witnesseth: That the said K. S., for the consideration hereinafter expressed, does heteby authorize and allow the said L. T. to print, publish, and sell an edition of 1,000 copies of a work now in preparation by said K. S., to be called (insert the title), the said K. S. hereby reserving to himself the general copyright in said work. And the said K. S., in consideration of the payments hereinafter agreed and covenanted to be made by said L. T., does hereby covenant and agree to and with the said L. T., that he will furnish to the printer to be employed by him, fair copy of the said work, and will superintend the printing, and correct the proofs thereof, in the usual manner; and that he will take out the usual evi- dences of copyright, for the protection of said work, and will not authorize any person to print, publish, or sell, and will not print, publish, or sell him- self, any other copies of the said work, until the whole of the said 1,000 copies have been disposed of by the said L. T., provided said 1,000 copies are sold within five years from the date hereof. And the said L. T., in consideration of the aforesaid authority and agree- ment, does hereby covenant and agree to and with the said K. S., that he will pay him, the said K. S., the sum of ten cents for each and every copy of the said 1,000 copies, payable semi-annually, as fast as the said copies shall be sold, or otherwise disposed of, he rendering to the said K. S. an account of sales of the said work at the expiration of each six months from the day of the first publication, until the whole shall be sold, and will give to the said K. S. ten copies of said work, handsomely bound, free of charge, as soon as conveniently may be done after the manuscript copy has been furnished by the said K. S. ASSIGNMENTS. 141 And the aaid L. T., in consideration also of the aforesaid authority and agreement, does further covenant and w^rae to and with the said K. S., that he will not print, publish, or sell any more than the said 1,000 copies, until authorized so to do by the said K. S., or his legal representatives, in writ- ing; it being understood that the license herein contained extends only to one edition of the number of copies above specified. In testimony whereof, the said parties have hereunto set their hands and seals, on the day and year first above written. In presence of K. S. (l. s.) A. B. L. T. (L. s.) ( Acknowledgment. ) No. 15. Assignment of an Entire Copyright. This indenture, made this 9th day of April 19 ... , between R. M., of Sche- nectady, professor of moral philosophy, of the one part, and S. N., of the same place, bookseller, of the other part. Whereas, the said R. M. has written and compiled a book, entitled " The Right Use of Reason," now this inden- ture witnesseth, that the said R. M., for and in consideration of the sum of $300, to him in hand paid by the. said S. N., the receipt whereof is hereby acknowledged, has bargained, sold, and assigned, and by these presents does bargain, sell, and assign unto the said S. N., all the said book, and all his copy- right, title, interest, property, claim, and demand whatsoever, of, in, and to the same, to have and to hold the said book, copyright, and all the profit, benefit, and advantage, that shall or may arise, by and from printing, re- printing, publishing, and vending the same, unto the said S. N., on the terms and conditions, and for the whole period allowed in and by the several acts of the Congress of the United States for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies during the times therein mentioned: Provided, nevertheless, and these presents are upon this express condition, that the number of copies to be printed of the first, and each and every other edition or impression of the said book shall not exceed 1,000, and that the said S. N. shall and will pay unto the said R. M. the further sum and sums of $100, for, at, and upon the reprinting or making a second, and each and every other future and further edition or impression that shall or may be made of the said book, for and towards a further reward and satisfaction to the said R. M. for his writing and compiling the same. The said payments shall be made before the publication of the said several impressions, or editions (after the first) and sale of the same, or any part thereof, by the said S. N., or by any other per- son or persons by, for, or under him. And the said S. N. doth covenant, promise, and agree, to and with the said R. M., that he, the said S. N., shall and will pay, or cause to be paid, to the said R. M., the said respective 142 cleek's assistant. sum and sums of $100, at and upon the reprinting and before the publication and sale of the said second and every other future and further edition and im- pression that shall or may be made of the said book, according to the proviso aforesaid, and the true intent and meaning of these presents. And to the ful- fillment of the covenants and agreements herein contained, the parties bind their respective executors, administrators, and assigns, as well as themselves. In presence of R- M. (l. s.) A. B. S. N. (L. s.) C. D. ( Acknowledgment. ) No. 16. Assignment of Judgment. This indenture, made the day of , 19..., between , of the first part, and , of the second part, vritnesseth : Whereas, the said part. . . of the first part, on the day of , 19 ... , recovered a judgment in the , against , for $ ... . Now, this indenture witnesseth, that the said part. . . of the first part, in consideration of dollars, to duly paid, ha . . . sold, and by these presents, do . . . assign, transfer, and set over unto the said part . . . of the second part, and assigns, the said judgment, and all sum and sums of money that may be had or obtained by means thereof, or on any proceedings to be had thereupon. And the said part. . . of the first part do. . . hereby constitute and appoint the said part ... of the second part, and assigns, true and lawful attorney, irrevocable, with power of substitution and revocation, for the use, and at the proper costs and charges of the said part ... of the second part, to ask, demand, and receive, and to sue out executions, and take all lawful ways for the recovery of the money due or to become due on the said judgment; and on payment to acknowledge satisfaction, or discharge the same ; and attorneys, one or more under for the purpose aforesaid, to make and substitute, and at pleasure to revoke; hereby ratifying and confirming all that said attorney or substitu- tion shall lawfully do in the premises. And the said part. . . of the first part do . . . covenant that there is now due on the said judgment the sum of dollars, and that will not collect or receive the same, or any part thereof, nor release or discharge the said judgment, but will own and allow all lawful proceedings therein, the said part. . . of the second part saving the said part ... of the first part harmless of and from any costs and charges in the premises. In witness whereof, the part ... of the first part ha . . . hereunto set hand. . and seal. ., the day and year first above written. Sealed and delivered in the presence of (Acknowledgment clause.) ASSIGNMENTS. 143 No. 17. Assignment of Judgment — Another Torm. SUPREME COURT — County of Albany. A. B. agt. C. D. Recovery Costs . . . Roll filed May 6, 1898, 3 h., p. M. $538 14 14 25 $552 39 E. F., Plaintif'a Attorney. In consideration of $553, to me paid, I do hereby sell, assign, and transfer to G. H. the judgment above mentioned, for his use and benefit, hereby' au- thorizing him to collect and enforce payment thereof in my name, or other- wise, but at his own costs and charges, and covenanting that the sum of $652.39, with the interest from the 6th day of May, 1898, is due thereon. Witness my hand and seal, this 30th day of June, 19 . . . A. B. (L. 8.) No. 18. Assignment of Judgment of Justice's Court. ALBANY COUNTY COURT. A. B. agt. C. D. Judgment obtained before E. F., a justice of the peace, residing in Water- vliet, for the sum of $33.56, recovery, and $2.43 costs, May 9, 1898, transcript filed and judgment docketed in the Albany county clerk's office. May 10, 1898. For value received, I hereby sell, assign, transfer, and set over the above judgment, and all the moneys due and to become due thereon to G. H. Dated, Watervliet, June 29, 19. . . J. K. No. 19. Assignment of Kortgage. This instrument, made this day of , 19..., between , of the first part, and , of the second part, witnesseth : That the part. . . of the first part, for a good and valuable consideration, to 144 in hand paid by the part. . . of the second part, ha. . . sold, as- signed, transferred, and conveyed, and do . . . hereby sell, assign, transfer, and convey to the part. . . of the second part, a certain mortgage, bearing date the day of , 19 ... , made by , recorded in the clerk's office of county, in liber of Mortgages, at page . . . . , on the day of , 19. . ., at o'clock, . . M., together with the bond accompanying said mortgage, and therein referred to, and all sums of money due and to grow due thereon. And the part ... of the first part hereby covenant that there is due on said bond and mortgage the sum of * In witness whereof, the part ... of the first part ha . . . hereunto set hand... and seal..., the day and year first above written. (Assignment clause.) No. 20. Assignment of Bond and BCortgage with a Guaranty of Fayment. ( As in the last form to the *, and then insert as follows : ) And in con- sideration of the payment aforesaid, I hereby guarantee the payment of the said bond and mortgage, according to the terms and conditions, and at the times specified in the said bond and mortgage. No. 21. Assignment of Bond and Mortgage with a Guaranty of Collection. (As in the last form but one to the *, and then insert as follows: ) And in consideration of the payment of the sum of money before mentioned, I hereby guarantee the collection of the said bond and mortgage, and all the sums of money due, and to grow due thereon. No. 22.- Assignment of Bond and Mortgage — Shorter Form. Mortgage dated the 3d day of April, 1897, executed by A. B. and wife, to C. D., recorded in the Schenectady county clerk's ofiiee, in book No. 300 of Mortgages, page 10, etc. Bond bearing date the day aforesaid, executed by A. B. to C. D., aforesaid, in the penal sum of $1,000, conditioned for the payment of $500 in five years from the date thereof, with interest semi-annually. In consideration of $500, to me paid by E. F., I do hereby sell, assign, trans- fer, and set over unto the said E. F., the bond and mortgage above described; hereby authorizing him to collect and enforce payment thereof, in my name, or otherwise, but at his own costs and charges. And I do hereby covenant, that the sum of $500, with interest from the 3d day of April, 1898, is now due and owing on the said bond and mortgage, and that I have good right to sell the same. * Witness my hand and seal, this 10th day of June, 19. . . C. D. (L. S.) ASSIGNMENTS. 145 No. 23. ABsignment of Bond and Mortgage — Indorsed on the Mortgage. In consideration of $500, to me paid by J. K., I hereby sell, assign, transfer, and set over to J. K., the within mortgage, and the bond accompanying the same, and authorize him to collect and discharge the same. Schenectady, June 10, 19... C. D. (l. s.) No. 24. Assignment of Bond and Mortgage as Collateral Security. (As in either of preceding Forms Nos. 22, or 19, to the *, and then as fol- lows : ) But this assignment is, nevertheless, made upon this express condi- tion, that if the said C. D., his heirs, executors, or administrators, shall well and truly pay, or cause to be paid, unto the said E. F., his heirs, executors, administrators, or assigns, the sum of $450, and interest thereon, on or before the 1st day of December next, this assignment shall be void and of no effect, this indenture being made for the purpose of securing the payment of the said sum of $450, with interest, as aforesaid, and for no other purpose whatever. And in case the said E. F., his heirs, executors, administrators, or assigns, shall collect and receive the money due on the said mortgage hereby assigned, he shall, after retaining tlie said sum of $450, and interest thereon, and his reasonable costs and charges in that behalf expended, pay the surplus, if any, to the said C. D., his heirs, executors, administrators, or assigns. In witness whereof, the said parties have hereto respectively set their hands and seals, the 1st day of July, 19. . . C. D. (l. s.) E. F. (L. s.) N. B. — All assignments of bonds and mortgages should be acknowledged, that they may be recorded. No. 25. Assignment of Contract as Collateral Security. Whereas, I, H. B., of the city of Schenectady, have made a. written contract with L. T., of the city of Utica, for the purchase of certain real estate, in the said contract mentioned and described, said contract bearing date December 24, 1898; and, whereas, W. W., of the city of Schenectady, has loaned me the sum of $235, and for which I have given my note, dated June 10, 1898, pay- able in six months from the date thereof, with interest. Now, in consideration of $1, to me in hand paid, and to secure the payment of the said note, I hereby sell and assign to said W. W. the said contract, and all the rights, value, in- terest, benefit, and property therein contained, and hereby authorize and em- power the said W. W., upon his performance of the conditions in the said con- tract mentioned, to demand and receive of the said L. T. the deed covenanted to be given in the said contract, upon condition that if the said note is fully paid at maturity, then this assignment and everything herein contained shall cease and be void, otherwise to be of full force and virtue. Schenectady, June 15, 19. . . H. B. (i.e.) 10 146 CLEEK'S ASSISTANT. CHAPTEE VIII. ASSIGNMENTS FOR THE BENEFIT OF CREDITORS.1 Insolvent debtors may assign their property for the benefit of their cred- itors, all of whom must be paid ratably from the proceeds, unless preferences are made in the assignment. And where any of the creditors are preferred in the assignment, such creditors must be paid in the order in which they are preferred, taking care that when there is not proj^ti ty sufficient to pay all of a particular class, that such class are to be paid ratably. Voluntary assignments in trust for creditors are regarded with jealousy, but the questions of fraudulent intent are always questions of fact and not of law. The property assigned must be accompanied by immediate delivery, and be vested in the assignee in trust for the purposes mentioned in the ar- ticle of assignment. The property and the control of it must be entirely out * Residence and business. — The re- quirement that the place of residence and the business of the assignor be stated in the deed of assignment is di- rectory merely, and the absence of such statement does not make the assignment void. Taggart v. Sisson. 55 Hun, 360; 29 St. Rep. 424; Otis v. Hodgson, 45 St. Rep. 92; Dutchess County Mut. Ins. Co. T. Van Wagonen, 132 N. Y. 398; 44 St. Rep. 441; Boak v. Blair, 32 St. Rep. 911; Strickland v. Lara way, 29 St. Rep. 873. The consent of the assignee may be on a separate sheet of paper detached from the deed of assignment. Praney v. Smith, 125 N. Y. 44. Assignees subscribing assignment is sufficient assent. Scott 7. Mills, 115 N. Y. 376. Delivery. — Record of assignment is presumptive evidence of delivery. Scott V. Mills, 115 N. Y. 376. The assignor must part with assign- ment by actual delivery to the assignee or his agent. Mclihargy v. Chambers, 117 N. Y. 532. Delivery must be authorized by the assignor. Kingston v. Koch, 57 Hun, 12. Omission of assignee's name in deed of assignment vitiates it. Bloomingdale V. Seligman, 19 St. Rep. 64. Part of property may be assigned In trust to pay part as assignee's creditors. Matter of Gordon, 49 Hun, 370; 22 St. Rep. 402. Omission of a debt due the assignor from the assignment does not make it void, as the debt passes under the as- signment, whether Included or not. Ellis V. Myers, 28 St. Rep. 120. Scheflules. — An honest mistake in de- scribing a creditor of the assignee does not make the assignment void on its face. Roberts & Co. v. Victor, 54 Hun, 461; 28 St. Rep. 100. That schedules which were executed at the same time as the assignment were not annexed thereto until after the deed was recorded, does not avoid the Instrument if no intervening rights are attected. Franey v. Smith, 125 N. T. 44. Partaemhip. — General assignment can be made by one with assent of absent partner. Hnakl v. Microwiin, 15 D.-'ly. 233; 25 St. Rep. 579; Hooper v. Bailiie, 118 N. Y. ^13; 29 St. Rep. 52, revg. 7 St. Rep. 405; Nat. Bank of Troy v. Scrlven, 63 Hun, 375; 44 St. Rep. 331; Martine v. Robinson, 78 Hun, 115; 60 St. Rep. 498; ICIumpp V. Gardner, 114 N. Y. 153; 22 St. Rep. 672, affg. 15 St. Rep. 100. Sole surviving partner can make valid preferential assignment. Haynes v. Brooks, 116 N. Y. 487; 27 St. Rep. 478. Devotion of firm property by assign- ment for creditors, to payment of note given by one partner as principal and by other as surety, renders assignment void. Citizens' Bank v. Williams, 35 St. Rep. 542. Assignment which provides for pay- ment of Individual debts of one partner, without first providing for payment of firm debts In full, Is void. Roe v. Hume, 72 Hun, 1; 55 St. Rep. 336. Payment of individual debt out of firm assets, prior to and in contemplation of general assignment, makes it void as to creditors of firm. Schwab v. Kaughran, 42 St. Rep. 407. Firm assignment, which directs pay- ment of Individual debts without first requiring payment of all firm claims, is fraudulent as to firm creditors, though ASSIGNMENTS FOE THE BENEFIT OF CREDITORS. IVi of and beyond the control of the assignor, and the disposal of the funds must not be subject to the wishes and preference of the assignee. If the assignment is to pay a certain portion of the creditors, and the bal- ance to be paid to the assignor, it will be void. So, too, if the sale by the assignee may be on credit, or even if it authorizes the assignee to change the order of preference of the creditors. Every conveyance or assignment made by a debtor of his estate, real or personal, or both, to an assignee for the creditors of such debtor, shall be in writing, and shall specifically state therein the residence and the kind of busi- ness carried on by such debtor at the time of making the assignment, and the place at which such business shall then be conducted, and if such place be in a city, the street and number thereof, and if in a, village or town, such apt no actual fraud exists and prior pref- erences of Arm creditors would exhaust assets. Booss v. Marlon, 129 N. Y. 536; 42 St. Rep. 265, Qftg. 35 St. Rep. 710. Conveyance of firm property to mem- ber, subject to payment of firm debts, Is not fraudulent as matter of law. Bulger «. Rosa, 63 Hun, 239; 25 St. Rep. 514. Preference In firm as;slgnment of note, given to former partner to represent umouut of liability of old firm to tbird person, assumed by new firm, will not avoid assignment. Smith v. Smith, 136 N. Y. 313; 49 St. Rep. 308, affg. 39 St. Rep. 46. Assignment, with intent to appropriate firm property to payment of individual debts, Is void as to firm creditors. Im- porters & T. Nat. Bank v. Burger, 2.'i St. Rep. 136. Firm property may be assigned to pay joint debts for which firm Is liable, out- side of partnership business, unless cred- itor knew of Insolvency or there was no consideration. Bernhelmer v. Blndsltopf, 116 N. T. 428; 27 St. Rep. 648, aftg. 41 Hun, 646. Conveyance of firm property to mem- ber, to pay debt of Arm, is not fraudu- lent as matter of law. Bulger v. Rosa, 119 N. T. 459; 29 St. Rep. 678, affg. 25 St. Rep. 514. That firm accounts were applied on debt of partner on day assignment was executed, will not render It void In law in absence of proof of fraudulent Intent. Goodrich v. Clute, 20 St. Rep. 662. Undisputed firm claim against assignor partner should not be rejected, because It is not shown how much should be de- ducted therefrom by way of credits. Cheever v. Brown, 40 St. Rep. 610, revg. 36 St. Rep. 131. Assignment for creditors, directing money loaned In good faith to surviving partner and applied In satisfaction of firm liabilities to be repaid out of firm assets. Is not fraudulent. Durant v. Plerson, 124 N. Y. 444; 36 St. Rep. 463, revg. 34 St. Rep. 194. Corporations. — Whether or not a do- mestic corporation could make a general assignment for the benefit of creditors, without preferences, had been a mooted question up to the time Croll v. Empire State K. Co. (17 App. Dlv. 282; 45 Supp. 680), was decided, wherein it wa.s held, that such an assignment could lawfully be made. Prior to that case there were decisions both ways. See 1 N. Y. Ann. Oas. 399, foot-note. A foreign corporation, when not re- strained by the laws of the State of i ^ creation, may make a general assign- ment for the benefit of creditors, with- out preferences. Vanderpoel v. Gorman, 140 N. Y. 563; 56 St. Rep. 503. The wording of the statutes of New York on the subject of assignments by corporations, " In contemplation of In- solvency," has undergone so many changes that many of the older decisions are not good authorities at the present time. Preference. — Chapter 503 of the Laws of 1887 merely reduces preferences within statutory limits. London v. Mar- tin, 79 Hun, 229; 61 St. Rep. 24. Debtor may give Judgment to creditor to enable latter to obtain preference. Chiids y. Latham, 38 St. Rep. 852. Debtor can prefer one to exclusion of another creditor. Hastings v. Claflin, 38 St. Rep. 471. Statute of 1887 does not apply when no general assignment Is made or con- templated. Maas V. Falk, 54 St. Rep. 160. In absence of any intent to hinder, de- lay, or defraud creditors, prcferonri', i i excess of statutory permission, does not make assignment fraudulent and void. Abegg V. Bishop, 142 N. Y. 286; 58 St. Rep. 788, revg. 49 St. Rep. 191. Be- 148 CLEEK S ASSISTAIs'T. designation as shall reasonably identify such debtor. Every such conveyance or assignment shall be duly acknowledged before an officer authorized to take the acknowledgment of deeds, and shall be recorded in the county clerk's office in the county where such debtor shall reside or carry on his business at the date thereof. An assignment by copartners shall be recorded in the county where the principal place of business of such copartners is situated. When leal property is a part of the property assigned, and ia situated in a county straint of statute simply limits effective operation of such preference to permis- sible one-third of assets. Id. Preferences in excess of statutory amount do not, of themselves. Invalidate assignment. Cutter v. Hume, 43 St. Rep. 242. Failing debtor may prefer indorser or surety. Rawitzer f. Pettengili, 49 St. Rep. 462; atfd., 60 St. Rep. 866. Such assignment is not void because of mis- take in name of creditor. Id. Only one-third of net balance, after deducting wages of employees and cost.-* and e.^penses of executing trust, is ap- plicable to preferred debts. Matter of Tuller, 22 St. Rep. 242. Preterential provisions must be posi- tively shown beneflciai to assignor, to avoid assignment on this ground. Ken- nedy V. Wood, 52 IJnn, 46; 22 St. Rep. 132. Preferential assignment to pay certain creditors and restore balance is void as against unpreferred creditors. Suther- land V. Bradner, 116 N. Y. 410; 26 St. Rep. 854, affg. 39 Hun, 134. Valid Indebtedness of husband to wife may properly be preferred in his gen- eral assignment. Lyon v. Davis, 32 St. Rep. 340. Legal indebtedness of husband and wife may be preferred. Kittredge t. Van Tassel, 32 St. Rep. 76. Preference of wife for moneys given by husband to her for household expenses, which were not so expended but by her returned to him, in absence of gift or agreement that she might have such surplus, renders his general assignment fraudulent. Nichols v. Weilings, 61 Hun, fiOl: 41 St. Rep. 881. Preference for more than one-third of estate, created in separate instrument, but in contemplation of general assign- ment, is prohibited by statute. Berger V. Varreimann, 127 N. Y. 281; 38 St. Rep. 813, affg. 34 St. Rep. 911. Wages of employee, for which notes are given, which are negotiated and sub- sequently repurchased, are not entitled to preference under assignment for cred- itors by employer. Matter of Spencer r. Hodgman, 57 Hun, 490; 33 St. Rep. 33. Fact that assignment contains pref- erences is no objection to its validity. Servis V. Holwede, 33 St. Rep. 773. Where creditors are preferred In suc- cessive clauses, they have preference among each other according to order of these respective clauses. Matter of Eaton, 35 St. Rep. 497. Debtor may direct application of one- third of net proceeds towards claim of one preferred creditor, before they can be applied to payment of second pre- ferred creditor. Matter of Boyd, 35 St. Rep. 37; Matter of Sisson, 36 St. Rep. 290; Matter of Tuller, 22 St. Rep. 242. Where excessive preferences are result of fraudulent intentions to evade law, they cannot be sustained to extent au- thorized by statute. Manning v. Beeli, 35 St. Rep. 978. Bill of sale for honest debt, in ignor- ance of intention on debtor's part to make subsequent general assignment, ia valid though conveying more than stat- utory preferences. Manning v. Beck, 129 X. Y. 1; 41 St. Rep. 199, revg. 35 St. Rep. 978. Resident of State, where preferential assignment is forbidden, can make such in this State. Smediey v. Smith, 15 Daly, 421; 28 St. Rep. 414. Individual debt cannot lawfully he pre- ferred in firm assignment. Smith v. Clarendon, 15 St. Rep. 219. Fraud. — Fraudulent Intent of assignor will render assignment void. First Nat. Bank v. Warner, 55 Hun, 120; 28 St. Rep. 450. Intent of assignor, before delivery of assignment, governs. Kingston v. Koch. 57 Hun, 12; 32 St. Rep. 24. Assignment made to secure benefit to assignor is void. Smith v. White, 19 St. Rep. 164. Assignment may be avoided for fraud not known to assignee. Schofleld v. Scott, 20 St. Rep. 815. Retention by assignor of small sum of money for future living expenses, without concealment, which was de- ASSIGNMENTS FOK THE BENEFIT OF CBEDITOES. 149 other than the one in which the original assignment is required to be recorded, a certified copy of such assignment shall be filed and recorded in the county where such property is situated. The assent of the assignee, subscribed and acknowledged by him, shall appear in writing, embraced in, or at the end of, or indorsed upon the assignment, before the same is recorded, and, if sep- arate from the assignment, shall be duly acknowledged. (L. 1888, u. 294, § 2.)2 Any preference in such assignment, other than for wages or salaries of employees, under chapter 328 of 1884, and chapter 283 of 1886, is not valid except to the amount of one-third in value of the assigned estate, after de- livered to assignee on demand, does not show fraud as matter of law. Fay v. Grant, 53 Hun, 44; 23 St. Rep. 571. Withdrawal from firm assets, before assignment, of money for future living expenses of partners, and false entry thereof in books, vitiate assignment. Rothschild V. Salomon, 52 Hun, 486; 24 St. Rep. 205. Withdrawal of large amounts of money prior to assignment, without explana- tion or entry on books, will snstain find- ings that assignment was fraudulent. 111. W. Co. V. Payne, 33 St. Rep. 967. Fraudulent withdrawal of assets In contemplation of making assignment renders it void. Passavant v. Cantor, 43 St. Rep. 247. Intentional withholding and secreting assets of substantial value render as- signment void. Coursey v. Morton, 132 N. T. 556; 43 St. Rep. 673, revg. 31 St. Rep. 1004. Combination between assignor and pre- ferred creditor to reserve to assignor benefit of property or proceeds, will avoid assignment. Clark v. Andrews, 46 St. Rep. 399. Confession of judgment, made in con- templation of assignment and as part thereof, is in violation of the statute against preferences. Berger v. Varrel- mann, 34 St. Rep. 911. Mortgages and transfers, made imme- diately prior to assignment for creditors, held, in this case, not necessarily illegal, without regard to intent of assignor. Otis V. Bertholf, 37 St. Rep. 172. Contemporaneously confessed judg- ments and chattel mortgages are to be regarded as part of assignment. Sweet- ser V. Smith, 20 St. Rep. 62. Judgments confessed for over one- third of assets, to prefer certain cred- itors, are void. Wilcox v. Payne, 28 St. Rep. 712. Oral agreement between creditors and debtor to compound and discharge their claims Is valid. Halstead v. Ives, 73 Hun, 56; 51 St. Rep. 125. Assignment for creditors is vitiated by special provision as to attorney's fees for services to be rendered after trans- fer. Norton v. Matthews, 7 Misc. 569; 58 St. Rep. 806. Omissions from schedules of worthless property docs not render assignment void. Pittsfield Nat. Bank v. Taller, 47 St. Rep. 318; aCfd., 50 St. Rep. 932. Un- explained omission of collateral securi- ties, pledged for scheduled debt, from schedule of assets requires assignment to be set aside. Id. Preference cannot be created by con- fessing judgment after assignment has been executed and assignee has taken possession. Central Nat. Bank v. Selig- man, 138 N. Y. 435; 53 St. Rep. 14; 30 Abb. N. C. 245, revg. 47 St. Rep. 17. Excessive preference does not invali- date assignment; statute operates merely to reduce preference within limit pre- scribed. Id. There is nothing unreasonable or im- proper in suggestion of compromise first coming from assignors. Van Bergen v. Lehmaier, 72 Hun, 304; 55 St. Rep. 532. Where general assignment, assignment of book accounts, and Judgments against assignors were different acts constitut- ing one transaction. Invalidity of gen- eral assignment renders void whole mat- ter. Central Nat. Bank v. Sellgman, 64 Hnn, 615; 47 St. Rep. 17. Bill of sale, given as part of transfer of vendor's entire property for benefit of portion of his creditors. Is void. Dil- lingham V. Flack, 43 St. Rep. 810. ' Most of the statute law In New York relating to this subject Is contained In the General Assignment Act of 1877 (L. 1877, c. 466), which has been amended a number of times, and Is to be found in 3 R. S. (9th ed.), p. 2429. In the tpxt the act of 1877 Is given, with the amend- ments according to chapters of the ses- sion laws for the years there specified. 150 clerk's assistant. ducting such wages or salaries, and the costs and expenses of executing such trust. (L. 1887, c. 503.) The wages or salaries actually owing to the employees of the assignor at the time of the execution of the assignment shall be preferred before any other debt. (L. 1886, e. 283.) The assignee takes the assigned demand subject to all offsets or demands which may be due thereon against the assignor at the time of the execution of the assignment. Every debtor making a general assignment shall, at the date thereof, or within twenty days thereafter, make and deliver to the county judge of the county where he resides, at the date of such assignment, an inventory con- taining a full and true account of all the creditors of such debtor, the sev- eral places of residence if known, and the sum owing to each, and the nature of the demand, and what collateral security has been given to secure the same. Also a full and true inventory of all such debtor's estate, at the time of the assignment, both real and personal, at law and in equity, and the in- cumbrances existing thereon, and all the vouchers and securities relating thereto, and the value of the estate according to the best knowledge of such debtor. The inventory is to be accompanied by an affidavit of the debtor, that the same is in all respects just and true, according to his best knowledge and belief. The assignee, previous to his entering upon the duties of the assignment, is to enter into a bond to the people of the State of New York, in an amount, and with such security as shall be approved by the county judge of the county, conditioned for the faithful performance of the duties of such assignee, and for the due accounting of all moneys received by him as such assignee, which bond is to be filed in the office of the county clerk of the county where such assignment is recorded. After one year from the date of the assignment, any creditor interested in the assigned effects of the debtor may apply to the county judge for an order, that the assignee show cause why an account of the trust fund should not be made, and a decree entered, directing payment of such proportional part of the fund as such creditor may be entitled to. (L. 1877, c. 466.) FORMS IN THIS CHAPTER. Assignment by an individual giving preference Assignment without preference Inventory Affidavit annexed to inventory Bond of assignee Approval of bond Petition that assignee account Citation for the assignee Assignee's final account Petition for citation Order for citation Citation Order of reference AfBdavit for delivery of paperi to referee 14 Order for delivery of papers to referee 15 Report of referee Final decree 17 No. 1. Assignment by an Individual for the Payment of Debts, Giving a Preference. This indenture, made the day of , 19 . . . , between A. B., of the first part, who resides at No , street, in the city of , and is at this date conducting the business of retail grocer at the place above [0. Page. 1 150 2 163 S 153 4 164 5 155 6 15 ^ 7 15ti 8 156 9 167 10 159 11 161 18 162 13 163 14 164 15 164 16 166 17 171 ASSIGNMENTS FOE THE BENEFIT OF CKEDITOES. 151 mentioned, and C. D., of the second part, witnesseth : That, Whereas, the said A. B! is indebted to sundry persons, and being in embarrassed circumstances, is desirous of making a just and fair distribution of his property among his creditors. Therefore, in consideration of the premises, and of $1, to him paid by the said C. D., the receipt whereof is hereby acknowledged, the said A. B. has granted, bargained, and sold, released, assigned, and set over, and by these presents doth bargain, sell, assign, and set over unto the said C. D., and to his assigns forever, all and singular the lands, tenements, and hereditaments, real estate and chattels real of the said A. B., wherever the same may be situ- ated. And, also, all the goods, wares, and merchandise, bonds, notes, accounts, and debts due and owing to the said A. B., in what manner soever secured, and all books and vouchers relating thereto, and all the personal property of the said A. B., of every kind and description, wherever the same may be (ex- cept such articles as are by law exempt from execution), to have and to hold the same, and every part and parcel thereof, to the said C. D., and to his as- signs, in trust, however, and to and for the uses, intents, and purposes fol- lowing; that is to say: The said C. D. shall take possession of the said property, and shall with all convenient diligence sell and dispose of the same, and convert the same into money, and shall also collect all such debts as are collectible. And the said C. D. shall, by and with the avails and proceeds of sales and collections, first pay and discharge all the just and reasonable costs and expenses attending the due execution of this assignment, and the carrying into effect the said trust, together with a reasonable compensation for his own services, and the wages or salaries, actually owing to the employees of the said A. B. ; and the residue of the avails and proceeds of the said sales and collections shall con- stitute a fund, to be used and applied by the said C. D., for and towards the payment of the debts owing by the said A. B., and which debts the said C. D. shall pay and discharge in the order and manner following; that is to say: Class first. — The following debts owing by the said A. B., and which are hereby designated as class first, viz. : No. 1. C. M. & Co., of N. Y., $600, and interest thereon, from January 1, 1894. No. 2. M. E. P., the balance of account due him being $580. No. 3. N. O. G., of Brooklyn, $75, and interest from September 15, 1895. Second Class. — L. P., the amount of a promissory note held by him, executed by me for $120. Dated March 6, 1896, payable three months after date, with interest. I. G., of the city of Troy, $300, and interest, from June 6, 1893. Third Class. — All debts and liabilities which the said A. B. may be owing or indebted to any person whatever. If one- third of the assigned estate is not sufficient for the payment of all the debts set forth in said class first, the said C. D. is to pay the same in the or- der in which said debts are numbered in this assignment in said class first. After the payment of all debts set forth in class first, the rest and residue of the said one-third of the fund, or as much thereof as shall be necessary, shall be used and applied by the said C. D. towards the payment of debts mentioned in class second ; and in case the balance of the said one-third is not sufficient to pay all of class second, then the said debts therein mentioned are to be paid pro rata, or in proportion to their respective demands. 152 clekk's assistant. Thj rest and residue of said fund, after the payment and discharge of all the debts set forth in class second, as aforesaid, or the said one-third of the assigned estate shall be so applied, shall be used and applied by the said C. D., for and towards the payment of the said debts designated as class third, which shall be paid and discharged in full, if there is sufficient for that pur- pose, and if there is not sufficient, then the same shall be distributed amongst the creditors embraced in said class third, pro rata, or in proportion to their respective demands. After the payment of all the costs, charges, and expenses attending the exe- cution of this trust, and after the payment of all the debts of the said A. B., if any portion of the said fund shall remain in the hands or control of the said C. L., he shall return the same to the said A. B., his executors, administrators, or assigns. The schedule hereunto annexed is intended to contain a just and true state- ment of all the real estate, chattels real, and personal property belonging to the said A. B., and of all the debts owing to him, whether due or not due at the date of this instrument. If any dispute or misunderstanding shall at any time arise or exist respect- ing the title to any of the property hereby conveyed or transferred to the said C. D., or respecting the debts owing to, or by, the said A. B., the said C. D. is authorized in his discretion to submit the same to, and have the same deter- mined by arbitrators or referees; and he is also authorized to compound and liquidate any of the said debts owing to the said A. B., which he may deem bad or doubtful for such proportion thereof, and upon such terms as he may deem proper, and most for the interest of the said creditors of the said A. B. In witness whereof, the said A. B. has hereunto set his hapd and seal, the day and year first above written. A. B. (l. s.) { Acknowledgment clause. ) (Add schedule.) Consent of Assignee. I hereby accept the trust created by the above instrument and cereiiant faithfully to perform the same. April ,19... C. p. (li. ».) (Acknowledgment clause.) No. 2. Assi^ment to Fay I>ebts Without Preference. This indenture, m^Ae this 4ay of , 19 . . . , by wd betsreen A. B., of the first part, who resides at No , street, in tie "ity of , and is at this date conducting a retaii dry goods store at the place above mentioned, and C. D., of the second part, witnesseth: That, whereas,, the party of the first part is indebted to divers perso9S in considerable sums of monpy, which he is at present unable to pay in full, and he is desirous to convey all his property for the benefit of all his creditors, without any preference or priority. Now, the party of the first part, in consideration of the premises, ajad of $1, paid to him by the party of the second part, hereby sells, assigns, grants, and conveys unto the party of the second part, all his lands, tenements, here- iiSSIGNMENTS FOR THE BENEFIT OF CKEDITOES. 153 ditftweDts, goods, chattels, property, and ohoses in action of every name, na- ture, imd description, wheresoever the same may be, except such property as is by law exempt from execution ; to have and to hold the same unto the said party of the second part in trust, to sell and dispose of the said real and per- sonal estate, and to collect the said ehoses in action, with the right to com- pound for the said ehoses in action, taking a part for the whole, where the party of the second part shall deem it expedient to do so, then in trust to dispose of the proceeds of the said property in the manner following: First. — To pay the costs and charges of these oresents, and the expenses of executing the trust declared and set forth herein, and the wages or salaries actually owing to the employees of the said A. B. Second. — To distribute and pay the remainder of the said proceeds to all the creditors of the ssiid party of the first part; for all debts and liabilities which the said party of the first part may be owing or indebted to any per- son whatever; provided, however, that if there is not sufficient funds for the payment of all the debts of said party of the first part, then the said debts are to be paid pro rata, or in proportion to their respective demands. The rest, residue, and ren^ainder, if any there be after paying said costs, charges, expenses, and debts, as aforesaid, the said party of the second part is to pay over to the said party of the first part, his executors, administrators, or assigns. In witness whereof, the said party of the first part has hereunto set hit hand and seal, the day and year first above written. (Acknowledgment clause.) (Consent of assignee, with acknowledgment clause.) A. B. (L. s.) No. 3. Inventory.s Th^ following is a j^st and true inventory of all the creditors of A. B., mer- chast, who resides in, and has his place of business in Troy, who has mii,de an assignment to C. D., who also resides in Troy, aforesaid, which assign raent bears date , 19. . . The amount due E. F., of the city of Troy, is $300, and interest thereon from December 16, 1895, and is for money borrowed of the said E. F., at Troy. December 16, 1895. The amount due J. K., of the village of West Troy, is $75, and interest thereon from May 10, 1896, and is for groceries purchased of the said J. K., at his store in said village, at divers times, from November 8, 1890, to May 10 1896. The amount due L. M., of the village of Waterford, is a bond for $2,000, conditioned to pay $1,000, and interest thereon from October 1, 1894, and i^ ' Inventory or schedule Is to be read Erroneous statement Id inventory of with assignment and as part of transac- amount of debt does not necessarily tiOD. Roberts & Co. v. Bulger, 130 N. vitiate assignment, but may be ex- ¥. 585; 42 St. Rep. 729, revg. 28 St. Rep. plained. Ellis H. Roberts & Co. v. 100. Buckley, 61 St. Rep. 561. 154 CLEEK S ASSISTANT. for money borrowed of the said L. M., at Waterford, on the 1st of October. 1894, and is secured by a mortgage on the house and lot of the said A. B., in West Troy. The following is a true inventory of the estate and assets of A. B., on the day of , 19 ... , that being the time of kis assignment to C. D. One house and lot in the village of West Troy, estimated to be worth the sum of $1,600, on which there is a mortgage of $1,000, to L. M., of Water- ford, which said sum of $1,000, and interest thereon from October 1, 1894, is due the said L. M. The following accounts against the persons hereinafter named (set forth names of persons and the amount due from each) : Inventory. — Inventory made and filed by A. B., pursuant to section 3 chapter 466 of 1877, and amendments thereto. Name of debtor. Occupa- tion. Residence, Place of business. Name of assignee. Besidence. Account of Creditors and Claims. Creditors, Residence. Debt. Cause and consideration Existing se- curity for its payment. Inventory of Debtor's Estate. Personal property. Real. Incum- brances. Vouchers. Securities. Nominal value. Actual value. No. 4. Affidavit Annexed to Inventory. Albany County, ss.: A. B., being sworn, says that he is the assignor named in the above assign- ment, recorded {or, to be recorded) in the ofiice of the clerk of the county of Albany. And that the inventory and schedules hereto annexed contain a full and true account of all the creditors of said deponent, the last known place of residence of each creditor, where the same is known to deponent, and when the same is not known, the fact is so stated therein ; also the sum owing tc each creditor, and the nature of each debt or demand, whether arising on written security, account, or otherwise; and the true cause and consideration ASSIGNMENTS FOE THE BENEFIT OF CBEDITOES. 155 of such indebtednesa in each ease, and a statement of any existing judgment, mortgage, collateral, or other security for the payment of any such debt. Also, a full and true inventory of all the estate, both real and personal, in law and equity, of the said A. B. at the date of said assignment, and the in- cumbrances existing thereon, and of all vouchers and securities relating thereto and the nominal, as well as actual, value of the same according to the best knowledge of deponent, and the same is in all respects just and true. Sworn to before me, this i A. B. day of , 19 . . ! No. 5. Bond of Assignee. Know all men by these presents, that we, C. D., of the city of Watervliet, and B. P. and P. O., of the same place, are held and firmly bound unto the people of the State of New York, in the sum of $6,000, lawful money of the United States of America, to be paid to the people of the State of New York, or their assigns, for which payment, well and truly to be made, we bind our- selves, our heirs, executors, and administrators, jointly and severally, firmly by these presents. Sealed with our seal. Dated, , 19... Whereas, one A. B. has made an assignment of all his goods, chattels, and credits, to the above-named C. D., for the payment of the debts of the said A. B., as expressed in said instrument of assignment, bearing date , 19. . ., and recorded in the clerk's office of the county of Albany, on said day of , 19. . ., which said assignment the said C. D. has accepted, on being ordered by the county judge of Albany county to give bond, with se- curity in the sum of $6,000 ; now, the condition of this obligation is such that if the said C. D. shall faithfully discharge the duties as such assignee, and duly account for all moneys received by him as such assignee, and obey all orders or decrees which may be made by the county judge of Albany county, in regard to said assignment, then this obligation to be void, otherwise to remain in full force and virtue. C. D. (l. s.) B. P. (l. s.) P. O. (t. s.) No. 6, Approval of County Judge Indorsed on the Foregoing Bond. 1 hereby approve of the form and sufficiency of the within instrument. Dated, , 19. . . G. W., Albany County Judge. 156 clebk's assistant. No. 7. Petition That Assignee Bender His Account. To the Hon. G. W., Albany County Judge: The petition of P. Q., of the city of Troy, respectfully shows that A. B., of the village of West Troy, did, by an instrument in writing, dated , 19. . ., duly assign and set over all his property to C. D., of the same place, as his assignee, for the benefit of his creditors, and that the said C. D. has given and filed the proper security, and entered upon the duties of his trust as such assignee, and that more than one year has elapsed since the date of said as- signment. That your petitioner is a creditor of the said A. B., and interested in the distribution of the proceeds arising from said assignment, and he asks that your honor will issue a citation or summons, compelling the said 0. D., assignee as aforesaid, to appear before you, at a time and place to be named in said summons or citation, and show cause why an account of the trust fund shall not be made, and a decree rendered directing the said C. D. to pay your petitioner his proportional part of such fund; and that such other pro- ceedings may be taken herein as to your honor may seem just and equitable. P. Q. Albany Coijpty ««.: P. Q., being sworn, says, that he has read the foregoing petition by Mm sub- scribed, and that the facts therein stated are true, except as they are stated on information and belief, and as to those matters he believes them to be true. Sworn, etc. P. Q. No. 8. Citation for the A^Bigne^. Albany County ««.: To C. D., Esq, : In the name of the People of the State of New York, you are commanded to appear before me, the county judge of Albany county, at my oflSee, in the city of Albany, on the day of , at 10 o'clock in the forenoon, to show cause why an account should not be rendered by you of the trust fund in your hands, created by the assignment of A. B., to you, dated , 19. . . ; and Tvhy a decree should not be entered requiring that the funds be paid over to the several persons entitled to receive the same. Hereof fail not at your peril. Albany, May . . ., 19. . . G. W., Alhimy County Judge. ASSIGNMENTS FOE THE BENEFIT OF CRBDITOKS. 157 No. 9. Assignee's Einal Account. SUPREME COURT — County of New Yobk. T In the Matter of the Final Account- ing of , as Assignee of the Estate of , under a General Assignment for the Benefit of Cteditors. To the Supreme Court of the State of New York: I, , of the city of , county of , and State of New York, do render the following account of my proceedings as assignee of , assignor aforesaid : On the day of , 19 ... , the said , then resid- ing and carrying on business in the city of New York, made and executed in due form of law a general assignment of all his property and estate to me in trust for the benefit of his creditors, which said assignment was, on the day of , 19 ... , duly recorded in the office of the clerk of the city and county of New York. I accepted said assignment, entered upon the exe- cution of the trust thereunder, took possession of said assigned property, and thereafter duly qualified as assignee thereof. On the day of , 19 ... , said assignor made and delivered an inventory of the assigned property and a schedule of his creditors, as re- quired by law, and I caused the same to be presented to the Supreme Court in and for the county of New York, and the same was, on the same day, filed in the office of the clerk of said court, by which it appears that the debts and liabilities of the above-named assignor were as follows: Gross. Actual net. Direct liabilities $ $ Contingent Nominal assets of which nominal assets, were pledged to secure the payment of certain liabilities. Schedule A, hereto annexed, contains a, statement of all the property em- braced in the inventory which has been sold by me at private sale, or at pub- lie auction, with proper care and due diligence, together with the prices, terms, and manner of sale, showing the moneys received by me therefor from or by virtue of the assigned estate; and also containing a full and detailed state- ment of all moneys collected by me or received by me for which I am account- able. Schedule B, hereto annexed, contains a statement of all moneys expended by me for all purposes other than payments to creditors of the assignors. 158 Schedule C, hereto annexed, contains a statement of all moneys paid by tue to creditors of said assignor, either by way of dividend on the distribution of the estate or by way of payments to release the property of the estate in the hands of secured or attaching creditors wherein the said payments were necessary for the benefit of the assigned estate. It also contains the names of all claimants and the amount of the claims proven and allowed by the as- signee. Schedule D, hereto annexed, shows the amount of the inventoried property disposed of by me, the sum received for each item thereof, and the amount expended in connection therewith, showing the gross gain or loss on each item of the inventory disposed of. Schedule E, hereto annexed, shows the inventoried property not disposed of, the receipts and disbursements in connection with each particular item thereof. Schedule F, hereto annexed, contains a statement of the receipts and items of property of all kinds not included in the inventory, as well as receipts from inventoried property not therein classed as assets; also the total receipts from inventoried property not disposed of. Schedule G, hereto annexed, is a summary statement of my account, with proof of the same, as well as a statement to aid in the computation of com- missions. Schedule G shows the value of the property remaining in my hands, and with which I am chargeable, to be , which is made up of inventoried property not disposed of, amounting, at inventory prices, to $ Cash in hand, , 19 ... , (Add schedules, as above.) STATE OF NEW YORK, , !■ County of New York, , being duly sworn, says : I am the assignee for the benefit of creditors of The charges made in the foregoing account of proceedings and schedule annexed of moneys paid by me to creditors, and for necessary expenses, are correct. I have been charged therein with all the interest on moneys received by me and embraced in said account for which I am legally accountable. The moneys stated in the said account as collected were all that were collectible according to the best of my knowledge, information, or belief, on the debts stated in said account at the time of the presentation of this account to the court. The allowances in said account for the decrease in the value of any assets, and the charges therein for the increase in such value, are correctly made, and I do not know of any error in said account or anything omitted therefrom which may in anywise prejudice the rights of any party interested in said estate. The suras under $20 stated in said account to have been paid by me, for whioh no vouchers or other evidences of payment are produced, have been actually paid and disbursed by me as charged. Sworn to before me, this ) day of , 19... ) ASSIGNMENTS FOE THE BENEFIT OF OEEDITOES. J59 No. 10. Petition for Citation. SUPREME COURT — County op New York. In the Matter of the Final Aoeount- ing of , as Assignee of the Estate of , under a General Assignment for the Benefit of Creditors. To the Supreme Court of the State of New York, in and for the County of New York: The petition of , the above-named assignee, respectfully shows : 1 . That he resides in the city of , county of , State of New York, and has his office for the transaction of business at street, in the city of New York. That on the day of , 19. . . , , residing in the city and county of New York, and engaged in business in said city and county, at Nos , , street, executed in due form a, general assignment to your petitioner, for the benefit of creditors, in which your petitioner joined as assignee, and your petitioner accepted said assignment and the trust therein and thereby created. 2. That said assignment was recorded in the ofiice of the clerk of the city and county of New York, on the day of , 19. . ., and your petitioner then and there took possession of the estate for the preservation of the same pending his qualification as such assignee. 3. That the assignee forthwith, immediately after entering upon the execu- tion of the assignment, caused certified or exemplified copies thereof to be filed in various counties of this State in which there was property belonging to the assigned estate and in the counties of the various States wherein there was any property belonging to said estate. 4. That upon petitions presented to the Supreme Court, in and for the county of New York, extensions of time to and including October , 19. . . , were granted to said assignor and your petitioner, for the purpose of the preparation and filing of an inventory and schedules. 5. That the inventory and schedules, as required by law, were made by the assignor and filed by your petitioner on the day of October, 19 ... , in the office of the clerk of the Supreme Court for the county of New York, and thereon the said court duly fixed the bond of your petitioner as such as- signee in the sum of .$ , and on or about the day of , 19..., a bond of such assignee, in due form and for the said sum, was ap- proved as required by the statute of the State of New York, and duly filed with the clerk of said court, and the surety thereon was the Com- pany of the City of New York. 6. That upon the prayer of this petitioner, an order was made by Hon. , one of the judges of said court, on the day of , 19..., authorizing the petitioner to advertise for creditors to present their 160 oleek'b assistant. claims to him against said assignor on or before the day therein to be speci- fied. That a notice was published as provided in said order, and a copy thereof was duly mailed to each creditor whose name appeared on the books of the assignor, postage prepaid, at least thirty days before the day specified in said advertisement or notice, as appears by the affidavit of said mailing of said notice hereto annexed, together with a copy of said notice. That said notice was published as provided by said order, all of which appears from the proof of publication filed herewith. 7. That the time within which claims were to be presented to the petitioner, as specified in said notice, expired on the day of , 19. . ., and that creditors exceeding twenty-five in number have presented claims against the assignor to your petitioner, and are interested in the trust fund in the hands of your petitioner by virtue of the assignment. 8. That the names and addresses of creditors who have presented claims are set forth in Schedule A, hereto annexed, and made a part of this peti- tion. Said schedule also contains the names of all creditors appearing on the schedules filed or on the books of the assignor. 9. That on or about the day of , 19. . ., a composition agreement was entered into between said assignor and his creditors. That the original of said agreement is filed herewith. That the same was signed by all unpreferred creditors of the assignor having claims amounting to more than $100, and by the assignee of all creditors having claims proven which amounted to less than $100. That all payments made by me to cred- itors signing said composition agreement have been made to said creditors under the terms of the deed of assignment as modified by said agreement. 10. That upon prayer of this petitioner, an order was granted and entered in the office of the clerk of this court, on the day of , 19. . ., authorizing petitioner to settle and compromise for less than the face thereof, the claim of the Bank of , against the assignor, which was then in suit, and wherein an attachment had been issued and levied upon the assets of the assigned estate; that said claim was settled accordingly. And said order further authorized your petitioner to secure the dismissal of the then pending attachment proceedings brought by the Bank of , by payment of the disbursements and costs therein, not exceed- ing $250, which said disbursements and costs were paid by your petitioner, and said attachment was accordingly withdrawn and dismissed. 11. That upon the prayer of this petitioner, a further order was made by this honorable court and entered in the office of the clerk thereof, on the day of , 19. . ., authorizing the petitioner to settle, com- promise, and pay the claim of the city of New York for taxes against the as- signed property for the sum of $450, the same being a- very substantial re- duction of the amount claimed; that said payment was made accordingly and a full settlement and discharge received therefor. 12. That your petitioner used his best efforts in collecting the accounts and bills receivable, and to effect the sale of the securities belonging to said estate, and on or about the day of , 19 ... , upon petition duly presented by your petitioner, an order was duly granted by this court ASSIGNMENTS FOE THE BENEFIT OF OEEDITOKS. IGl authorizing the sale of all uncollectible accounts and bills receivable and securities not then disposed of. That the same were duly sold through , auctioneers, at the New York real estate salesrooms, No. Ill Broadway, New York city, on the day of , 19 ... , at 12 o'clock, noon, the day and date fixed in the notice of said sale. That said property was then and there sold and realized the sum of $ That your petitioner duly caused a notice of such sale to be advertised in the New York Law Journal for the period of ten days prior thereto. That a schedule of said property as advertised and as sold is hereto annexed. 13. And your petitioner, therefore, prays that a citation may issue out of and under the seal of this court, to all persons interested in said estate, requir- ing them to appear in court upon some day to be specified therein, and to show cause why a settlement of this account of the assignee (your petitioner) should not be had, and, if no cause be shown, to attend the settlement of the said account. Dated, New York, , 19 . . . City and County of New York, ss.: , being duly sworn, says, that he is the petitioner named in, and who subscribed the foregoing petition; that he has read the same and knows the contents thereof; that the same is true of his own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters he believes it to be true. Sworn to before me, this i day of , 19.. . ) (Add schedules as above.) No. 11. Order for Citation. At a Special Term of the Supreme Court, in and for the County of New York, held at Part II thereof, at the County Courthouse, in the County of New York, on the day of , 19 . . . Present. — Hon , Justice. In the Matter of the Final Account- ing of , as Assignee of the Estate of , under a General Assignment for the Benefit of Creditors. On reading and filing the annexed petition of , the above-named assignee, duly verified the day of , 19 ... , and, on motion of , attorney for said assignee, it is 11 162 clerk's assistant. Ordered, That a citation issue herein to all the parties interested in the estate assigned by , to the above-named assignee, by general assign- ment for the benefit of creditors, dated the day of , 19. . ., and on the next day recorded in the office of the clerk of the county of New York, to appear in court on a day therein to be specified, and show cause why u, settlement of the account of the proceedings of the assignee should not be had, and if no cause be shown, to attend the settlement of said account. And it appearing from said verified petition that the creditors of such as- signor who have proved their claims exceed twenty-five in number, it is further Ordered, That said citation be served on each creditor who has proved his claim by depositing a copy of the same at least thirty days prior to the re- turn day thereof in the post-office of the city of New York ( in which city the assignee has a regular place for the transaction of business), and to each of the creditors appearing upon the inventory heretofore filed in this matter, and upon the books of account of said assignor at his last known post-office ad- dress, with the postage prepaid, and by publishing said citation once a week for at least six weeks prior to such return day, in the New York Law Journal, published in the city of New York, and in the Commercial Advertiser, pub- lished in the city and county of New York, and that like service of said cita- tion be made on the assignor and on the Surety Company of the City of New York. No. 12. Citation. The People of the State of New York, to all persons interested in the estate of , assigned to , for the benefit of creditors, send Greeting : You, and each of you, are hereby cited and required personally to be, and appear, at a Special Term of the Supreme Court, to be holden at Part I thereof, in the County Courthouse, in the county of New York, on the day of , 19. . ., at 10:30 o'clock, A. M., then and there to show cause why a final settlement of the accounts of said , assignee of the above-named , insolvent debtor, should not be had, and if no cause be shown, then to attend the final settlement of the assignee's accounts. In testimony whereof, I have hereunto caused the seal of the said Supreme Court, in the city and county oif New York, to be hereunto affixed. Witness, Hon. Abraham R. Lawrence, justice of said court, this day of , 19... ( SEAL. ) , Clerk. Attorney for assignee, street. New York, N. Y. No...., ASSIGNMENTS FOE THE BENEFIT OF OBEDITOBS. 163 No. 13. Order of Beference. At n Special Term of the Supreme Court, holden at Part II thereof, at the County Courthouse, in the county of New York, on the day of 19... Present. — Hon , Justice. In the Matter of the Final Account- ing of , as Assignee of the Estate of , under a. General Assignment for the Benefit of Creditors. The above-named assignee, for the benefit of creditors of said , under a general assignment made on the day of , 19 ... , and recorded in the oflice of the clerk of the city and county of New York, on the day of , 19. . ., having filed his account as such assignee herein, on the day of , 19 ... , and a, citation having been is- sued out of, and under the seal of this court, to all persons interested in said assigned estate, to attend the final settlement of said account. Now, therefore, on the said account filed as aforesaid, the papers and sched- ules thereto annexed or nled therewith, said citation and the proof of the due service thereof, and, on motion of said assignee, by his attorney, it is Ordered, That it be referred to , Esq., counselor-at-law, to take and state the accounts of the said assignee of his proceedings as such assignee of said assigned estate, with authority to the said referee to examine the par- ties and witnesses on oath in relation to said assignment and accounting, and all matters connected therewith. And, It is further ordered, That said referee take proof and report as to what persons are entitled to share in the distribution of said assigned estate, and in what priority and proportion. And, It is further ordered. That any party to this proceeding, and any creditor may object to any claim presented before said referee, and that said referee shall thereupon take the proofs and report as to the validity of such claim so objected to. And It is further ordered. That said reference proceed at the office of said referee, and that days' notice of the time and place of hearing be given to all creditors who have presented claims, or who appeared upon the return of said citation. 164 clebk's assistant. No. 14. Affidavit lOT Delivery of Papers to Keferee. SUPREME COURT — County of New York. In the Matter of the Account of , as Assignee of , - for the Benefit of Creditors. STATE OF NEW YORK, ) ^^ County of New York, ) , being duly sworn, deposes and says, that he is the assignee of , for the benefit of creditors. That on the day of , 19 . . . , he filed his account as such assignee in the assignment bureau of this court. That on the day of , 19. . ., an order was duly entered in this court, appointing , Esq., counselor-at-law, of street, New York city, a referee to take and state the account of deponent as aforesaid assignee. That deponent is informed, and believes, that said , as such referee, is entitled, during the pendency of said proceed- ings, to the custody and possession of all papers filed by deponent in this court in the matter of the assignment of said , except his bond. Sworn to before me, this \ day of , 19... ) No. 15. Order for Delivery of Papers to Beferee. At a Special Term of the Supreme Court, held at Part II thereof, for the transaction of en parte business, at the County Courthouse, in the county of New York, on the day of , 19. . . Present. — Hon , Justice In the Matter of the Account of , as Assignee of , ^ for the Benefit of Creditors. J Upon the annexed request of , referee, and the affidarit of , and upon motion of , attorney for said assignee. Ordered, That all papers except the ofiicial bond of said assignee in the mat- ter of the general assignment of , and in the matter of the final ASSIGNMENTS FOE THE BENEFIT OF CKEDITOES. 165 accounting of . . . , as such assignee, be delivered to , ref- eree, to take and state the account of said , assignee, and when that is done, to return the same forthwith to the clerk of this court; and that the clerk of this court and the clerk of the assignment bureau deliver all such papers to said , upon request. No. 16. Report of Keferee. SUPREME COURT — New Yobk County. In the Matter of the Final Account- ing of , as Assignee of the Estate of , under a General Assignment for the Benefit of Creditors. To the Honorable, the Supreme Court of the State of New York: I, , the referee appointed herein, by order dated the day of 19 . . . , to take and state the accounts of the above-named as- signee, do respectfully report, that, having taken and subscribed the oath required of a referee by section 1016 of the Code of Civil Procedure, I pro- ceeded to take proofs, and from the evidence before me, I find the following: I. That prior to the day of , 19..., the above-named was engaged in business in the city of New York, under the name of , and that the said then resided in the city, county, and State of New York. II. Tba,t on said last-mentioned date he executed and acknowledged an in- strument in writing, assigning all his property to the above-named , of the city of , county of , and State of New York, in trust for the benefit of the creditors of said assignor. That the said assignment, after providing for the payment of all lawful costs, expenses, and charges of executing the assignment, and of carrying into effect the trust thereby created, including all lawful commissions of the as- signee, and also providing for the payment out of the residue of the proceeds and collections of the said assigned estate, of all wages and salaries actually owing to the employees of the assignor at the time of the execution of the said assignment, and also providing that should such residue be insufficient to pay in full all wages and salaries, the same should be applied to the payment thereof pro rata to the amount of each of such claim, contained the following preferences : That after paying in full the wages and salaries of the employees of the as- signor, to pay in full to , the sum of dollars, with interest thereon to , 19. . ., for moneys loaned and advanced to the said assignor herein, and to pay in full to the Bank of New York, the sum of . dollars, with intpi-pat a.a hereinafter stated, for raon- 166 clerk's assistant. eys loaned and advanced to the said assignor, and also the sum of dollars for promissory notes, on which notes the said assignor was indorser — the assignment stating that the said Bank held certain collateral for securing the payment of all the foregoing indebtedness to it, and also the security of the makers of the said promissory notes, on which the said as- signor was liable as indorser — and also stating that this preference of the said bank was intended to apply to such part of all the foregoing indebted- ness, as should remain due after applying in reduction- of the said claim for moneys loaned and advanced on which the assignor was directly liable, the proceeds of said collateral, and also after exhausting the remedy of said bank against the makers of the said notes and applying on said notes the surplus, if any, which might arise on the sale of said collateral, after payment of said direct liabilities. The said assignment also provided that if the said proceeds of the said estate lawfully applicable to the payment of the said two preferred claims above mentioned, should be insufficient to pay the same in full, then the proceeds so applicable thereto should be applied to the payment of the said two preferred claims ratably and in proportion. III. That the said assignee joined in the execution and acknowledgment of said assignment, and accepted said trust. That said assignment was acknowl- edged by the assignor and the assignee on the day of , 19 . . . , and was recorded in the ofSce of the clerk of the city and county of New York, on the day of , 19 . . . TV. That an inventory of the assigned estate and schedules of the liabilities of the assignor, duly verified by the assignor, on the day of , 19. . ., were filed in the office of the clerk of the Supreme Court for the county of New York, on the day of , 19. . ., showing the liabilities (secured and unsecured) of the assignor to be dollars, and the contingent liabilities ( secured and unsecured ) to be dollars, with dollars nominal assets, and dollars actual assets ; and on the day of , 19 ... , Hon , one of the justices of the Supreme Court, in and for the county of New York, ordered the as- signee to file a bond in the penalty of dollars. V. That on the day of , 19 ... , the said assignee pre- sented to the Hon , one of the justices of the Supreme Court, in and for the county of New York, his bond with the Surety Com- pany of the City of New York, having its principal place of business in the city of New York, as surety, in the penal sum of dollars, which bond was, on the said last-named day, approved by the said last-named jus- tice, and was filed on said day in the office of the clerk of the said court. VI. That the said assignee having applied to the said court, upon petition, verified by him on the day of , 19. . ., for an order to ad- vertise for creditors to present their claims, with the vouchers duly verified. an order was thereupon made on the day of , 19. . ., the Hon , one of the justices of the said court, authorizing such ad- vertisement to be made in the New York Law Journal, and in the Weekly Union and Catholic Times, two newspapers published in the city and county of New York, and also in the Albany Argus, a newspaper published in the city of Albany, State of New York, once in each week for six successive weeks. ASSIGNMENTS FOE THE BENEFIT OF OBEDITOES. 167 VII. That the said advertisement was published as directed in each of said papers, and also in the Albany Evening Journal, commencing in The Weekly Union, etc., on the day of , 19 ... , in the Albany Argus and in the New York Law Journal, on the day of , 19 ... , and in the Albany Evening Journal on the day of , 19 . . . , and the following is a copy of such advertisement: " In pursuance of an order made by Hon , on the day of , 19. . ., notice is hereby given to all creditors and persons hav- ing claims against lately doing business in the city and county of New York, at Nos , street, that they are required to present their claims, with the vouchers thereof, duly verified, to the sub- scriber, the assignee of said , for the benefit of creditors, at his office. No street, in the city of New York, on or before the day of , 19 . . . Dat«d, New York, , 19. . . , Assignee. , Attorney for assignee, No street, New York city, N. Y." That proof of such publication is on the files of this court. VTII. That a copy of such advertisement, inclosed in a sealed envelope, on which was indorsed a direction to the postmaster at the place to which it was sent, to return the same within ten days, unless called for, to , at No street. New York city, and with the proper postage prepaid thereon, was more than thirty days before the return day named therein, deposited in the post-oflnce in the city of New York, directed to each of the creditors whose names appear on the books of said assignor. That proof of such mailing was filed in this court, , 19. . . JX. That the following persons have presented claims, duly verified, to the assignee, viz.: Name. Address. Amount. For. X. That on the day of , 19. . ., the said assignee pre- sented to this court an account of his proceedings, as assignee, verified by his oath thereto, made on the day of , 19. . ., stating his ac- count as follows, viz.: Dr. I charge myself with inventory $ Gain as per Schedule " D," of account Receipts as per Schedule " F," of account 168 clebk's assistant. Cr. I credit myself with loss on inventory, as per Schedule " D," of account Expenses, as per Schedule " B," of account Payments to creditors, as per Schedule " C," of ac- count Leaving balance on hand with which I am charge- able The account shows that this balance of $ is made up of: Real estate of the inventoried value of Personal estate of the inventoried value of Cash in bank on , 19 ... , the date when the account was verified XI. That upon petition of the assignee, verified by him on the day of , 19 ... , this court, by order made by Hon one of the justices thereof, directed a citation to issue to all persons interested, requiring them to appear in this court, and attend the final settlement of the accounts of said assignee. That such citation was thereupon issued out of and under the seal of this court, returnable on the day of , 19... That by order of this court, duly made on the day of , 19. . ., the said citation was ordered to be served on each cred- itor who had proved his claim, and on each of the creditors appearing upon the inventory heretofore filed in this matter, and upon the books of account of said assignor, by depositing a copy of the same at least thirty days prior to the return day thereof, in the post-ofiice of the city of New York (in which city the assignee had a regular place for the transaction of business), directed to each of said creditors at his last known post-ofl&ce address, with the postage prepaid, and by publishing said citation once a week for at least six weeks prior to such return day in the New York Law Journal and in the Commercial Advertiser, two newspapers published in the city and county of New York; and that like service of said citation should be made on the assignor and on the Surety Company of the city of New York. XII. That said citation was duly served in the following manner: It was duly mailed, as required, by said order to each creditor who had proved his claim and also to the assignor, proof of which was filed in this court, , 19-... It was duly published, as required by said order, proof of which was filed in this court, , 19 . . . That the surety of the assignee has duly appeared before me on this ref- erence by , Esqs., its attorneys. That the assignor has duly appeared herein by , Esq., his attorney, and that notice of the hearing before me on this reference was duly served on said attorney, proof of which is hereto annexed. ASSIGNMENTS FOE THE BENEFIT OF CREDITOES. 1C9 XIII. That on the return of aaid citation the following parties, and none other, appeared in this court : The assignee, by , Esq., his at- torney; The Bank, a creditor, by , Esq., its attorney; The Bank, a creditor, by , Esqs., its at- torneys, and The Surety Company, the surety of the assignee, by , Esqs., its attorneys. XIV. That no objections to said account have been iiled. XV. That by order made by the Hon , one of the justices of this court, on the day of , 19. . ., this court referred the said account to me to take and state the same, with authority to me to examine the parties and witnesses on oath in relation to said assignment and account- ing and all matters connected therewith; the said order also directing me to take proof and report as to what persons are entitled to share in the dis- tribution of said assigned estate, and in what priority and proportion ; and the said order also providing that any party to this proceeding and any creditor might object to any olaim presented before me, and that I should thereupon take the proofs and report as to the validity of such claim so ob- jected to. XVI. That a notice to attend the reference before me at my oflBce, No. street, in the city of New York, on the day of , 19. . ., at two o'clock in the afternoon of that day, together with a notice to present their claims to me, was duly mailed to each creditor whose name appears upon the books of the assignor, proof of which is hereto annexed. XVII. That the following-named persons appeared before me on said ref- erence in person: (Give names.) XVIII. That the said assignee, immediately after the approval and filing of his bond, entered upon his duties as such assignee; that he reduced to pos- session the assigned estate and converted a. portion of the same into cash, realizing therefrom in the aggregate the sum of dollars ($ ). That he paid out and expended for the necessary expenses of executing his trust the sum of dollars ( $ ) , the vouchers for which ex- penditures I have examined and found correct, and they are herewith sub- mitted, and that he has paid to the creditors of the assignor the sum of dollars ( $ ) , the vouchers for which I have examined and found correct, and they are herewith submitted. That the assignee has faithfully performed the duties of his said trust ; that he should be allowed the sum of dollars ($ ) for the necessary expenses of executing his trust, and that his accounts should be stated, and I do hereby state them as follows, viz.: Dr. Assets, as per inventory $ Gain, as per Schedule " D," of account Receipts, as per Schedule " F," of account 170 Cr. Loss on inventory, as per Schedule " D," of account, Exrpenses, as per Schedule " B," of account Payments to creditors, as per Schedule " C," of account Balance on hand, with which assignee is chargeable. That Schedules "E" and "G," of the account, show that this balance of $ is made up as follows: Real estate of the inventoried value of Personal estate of the inventoried value of Cash in bank on , 19 ... , the date when the account was verified That all claims for wages or salaries due from the assignor at the time of the assignment, except the claim of , hereinafter-mentioned, have been paid in full by the assignee. That the assignee has paid to and there has been received by the two pre- ferred creditors mentioned in the assignment, eighty (80(^) per cent, of their respective claims in full satisfaction thereof; and that the said preferred creditors have no further claim upon the assets still remaining in the pos- session of the assignee. That by the composition agreement referred to in Schedule " H " of the assignee's account and filed , 19. . ., all the unpreferred creditors of the assignor consented to the payment to the preferred creditors of the said eighty (80^) per cent, of their claims in satisfaction thereof. That the commissions of the assignee upon the cash already received and distributed by him, amount to the sum of dollars ( $ ) . That from the cash remaining in the hands of the assignee, as above ap- pears, namely, the sum of '. . . . dollars ($ ) , after paying the costs and disbursements of this accounting, there should be paid to , of , the sum of dollars ( $ ) , due him from the assignor for salary at the date of the assignment — the balance then remaining of the said sum of dollars ($ ) should be retained by the said assignee on account of his commissions. That after paying the costs and expenses of this accounting and also the claim of the said , the assignee is entitled to the usual order or decree of this court, discharging him and his surety from all further liability in the premises, as to the matters and things covered by his account herein, except that the assignee and his surety are not entitled to a discharge as to the assets which appear by the account of the assignee and this report to be still undisposed of in his hands. All which is respectfully submitted. Dated, New York, , 19 . . . , Referee. ASSIGNMENTS FOE THE BENEFIT OF OEEDITOES. lYl No. 17. Final Decree. At B Special Term of the Supreme Court, Part I, held in the County Court- house, in the borough of Manhattan, city of New York, on the day of , 19.. . Present. — Hon , Justice. In the Matter of the Final Account- ing of , as Assignee of the Estate of , under a General Assignment for the Benefit of Creditors. A general assignment having been made by to , for the benefit of creditors, dated the day of , 19. . ., and re- corded in the oflSce of the clerk of the county of New York on the day of , 19 ... ; and the said having accepted the trust thereby created, and having, on the day of , 19 ... , filed his bond, duly approved for the faithful discharge of his duties as such assignee, and having thereafter duly advertised for creditors to present their claims, duly verified, against said to him ; and the time for the presenta- tion of the same having expired ; and the said having appeared and presented his account as such assignee to this court; and a, citation dated the day of , 19. . ., having been duly issued herein to all persons interested in said assigned estate to attend the settlement of the said accounts, returnable on the day of , 19. . . ; and proof of due service of said citation upon all the creditors who had filed claims with said assignee, as well as upon those creditors appearing upon the books of said assignor and upon the inventory filed by said assignor who had not filed claims with said assignee, and also upon the assignor and the Surety Company, the surety upon the offieial bond of the assignee, having been filed in this court on the day of , 19..., and , the said assignor, having duly appeared herein by , Esq., his at- torney; and the said Surety Company, the surety upon the ofiicial bond of the said assignee, having duly appeared herein by its attorneys, Messrs ; and the following creditors and none others having duly appeared herein, that is to say : , , , ; and no objections having been presented to said account, and it having been referred to Esq., counselor-at-law, to take and state said account and report thereon; and the said referee having made and filed his report on the day of , 19. . . ; and due notice of the filing of said report having been given to the attorneys for all parties 172 oleek's assistant. appearing in this proceeding, as above set forth, and no exceptions thereto having been filed: Now, upon reading all the papers and proceedings hereinbefore recited, and the said report, testimony, exhibits, and vouchers thereto annexed; On motion of Esq., attorney for the said assignee, and due con- sideration thereupon having been had. It is hereby ordered, adjudged and decreed: 1. That the said report be, and the same is hereby in all respects confirmed, and the account of the said , assignee, as aforesaid, audited and allowed, as herein stated. 2. That out of the funds in the hands of or hereafter to be received by the said , assignee of the estate of , the said retain dollars, as and for his lawful commission as such assignee upon that portion of the said estate which appears by the said account to have been converted into money ; that he pay to , Esq., the attorney for said assignee, the sum of dollars for his costs and disbursements in this proceeding, as taxed; and the further sum of seven hundred and fifty dollars to , Esq., referee, as aforesaid, for his fees as such referee, as taxed; and out of the rest and residue of said funds remaining in the hands of said assignee, or hereafter to be received by him, after deducting the costs and expenses aforesaid, the said assignee is directed to pay to , a creditor upon a preferred claim for wages filed with and proved before the said referee in this proceeding, the sum of dollars in full of his said claim. 3. That the said assignee, after converting into money that portion of the said estate which at the time of verifying the account filed herein remained unsold, file a further account of his proceedings as such assignee. (This paragraph would, of course, be omitted in a final accounting.) 4. And it appearing that the only assets remaining in the hands of said assignee consist almost entirely of real estate, and amount, at their appraised value in the inventory, to the sum of dollars, together with dollars in cash. It is further ordered, adjudged, and decreed. That the said assignee and his surety shall be, and they hereby are, relieved and released of and from all liability in respect of all matters included in the aforesaid account- ing, except only the balance with which said assignee is still chargeable, as set forth in said referee's report, to all creditors who have appeared, and to such creditors as have not appeared after due citation, and to such creditors as have not presented their claims after due advertisement. It is further ordered, adjudged, and decreed. That the bond of the said assignee, now on file with this court, be reduced from the sum of dollars ( at which it now stands ) to the sum of dollars. (Enter.) AUCTIONS. ITci CHAPTER IX. AUCTIONS. An auctioneer, to a certain extent, acts as the agent both of the seller and the buyer. The seller makes him his agent, by giving him directions and au- thorizing him to sell, and the buyer, by his bid, authorizes him to make the bargain for the purchase of the goods. Every bid of anyone present is an offer by him. It becomes a contract as soon as the hammer falls, or the bid is otherwise accepted; but, until it is accepted, it may be withdrawn by the bidder, because until then it is not obligatory on him, for want of the assent of the owner of the property by his agent, the auctioneer. If an auctioneer does not disclose the name of the owner of the property which he sells, he is himself liable to an action by the buyer for the comple- tion of the contract. And it would be so if he sold or warranted without au- thority. But if he has the authority of the owner to warrant, and does so, disclosing the name of the owner, he is himself exonerated from the warranty, and the owner is liable upon it. And he has such a special property in the goods that he may bring an action for the price, even if the goods be sold in the house of the owner, and were known to be his. It is the duty of the auctioneer to obtain the best price he fairly can; to comply with his instructions, unless they would operate a fraud ; to pursue the accustomed course of business, and to possess a competent degree of skill ; and if he fail in either of these particulars, and damage ensues to the owner, he is responsible therefor. In most of the States auction sales and the appointment and licensing of auctioneers are regulated by statute. In New York a general statute was passed in 1896, being Article III of the Domestic Commerce Law (L. 1896, f. 376, §§ 50-54). In this act it is provided: " § 50. Conduct of auction sales. — Goods sold at auction shall, in all cases, be struck off to the highest bidder. When struck off and the contract be not immediately executed by the payment of the price or the delivery of the goods, the auctioneer shall enter in a sale-book kept by him for that purpose a memorandum of the sale, specifying the nature, quantity and price of the goods, the terms of sale and the names of the purchaser and of the person on whose account the sale is made." Section 51 provides that except in the counties of New York and Kings no auctioneer shall charge a greater cemmission than 2% per centum on the amount of any sale without a previous agreement in writing, and a violation of the section is made a misdemeanor. Section 52 gives the common council of cities power to designate the places for auction sales of horses, carriages and household furniture, " except as otherwise provided in the charter of the city." Section 53 relates to the bonds of auctioneers in cities, but this statute, so far as it relates to cities of one million inhabitants and over, has been super- seded by chapter 682 of the Laws of 1897, which repeals all acts or parts of acts inconsistent therewith. By the act of 1896, or so much of it as remains unrepealed, in cities having a population exceeding 50,000, auctioneers must give a bond to the people of the State in a penalty of $5,000, and elsewhere in a penalty of $1,000, con- ditioned " that he will faithfully perform his duties as such auctioneer and render such accounts and pay such duties as he may be required by law." Read in connection with chapter 682 of the Laws of 1897, the act of 1896 ap- plies to all cities except New York. The bond therein provided must be ap- proved by an agent appointed by the State comptroller, or if in a city where there is no such agent, by the mayor or recorder thereof ( § 53 ) . The under- taking must be renewed annually before the first Monday in January. The fee of an agent of the comptroller in taking and approving a bond is $5 (§54) 174 cleek's assistant. Section 34 of the amended Charter of New York City, of 1901 (L. 190L 0. 466), provides that the city clerk shall have authority to grant licenses to auctioneers " on such person filing a bond, approved by him, with two good sureties in the penal sum of two thousand dollars." The president of the board of aldermen has power under the same section to revoke such a license, on charges, and declare the bond forfeited. The provision above mentioned is identical with that contained in the original charter of 1897 (L. 1897, e. 378, § 34). That charter became a law on May 4, 1897. On May 22, of the same year, chapter 682 became a law, the latter act relating to auctioneers in cities " of one million inhabitants and over," so it applies, of course, only to New York. This latter statute does not purport on its face to amend directly either the New York City Charter nor the Domestic Commerce Law. However, as it provides, " all acts or parts of acts inconsistent with the above provisions are hereby repealed," it affects both the statutes mentioned. Chapter 682 appears to be still in force, except as to section 6 (applying to a priority of lien of » judgment on the bond over a judgment against the surety on other causes of action ) , which section was repealed by chapter 239 of the Laws of 1899. In spite of the change made in the Charter of 1897, by chapter 682, the revised Charter of 1901 contains the identical provision that is found in the Charter of 1897, but chapter 682 of 1897 does not appear to have been re- pealed by the act of 1901, and, therefore, seems to be in force. The act of 1897 (c. 682) provides for the issuing of a license by the mayor upon the payment of $250 and the execution of a bond in the sum of $2,000. with two real estate sureties or one surety company, which bond shall be filed with the comptroller or city treasurer of the city, and must be approved by either of these officers. Section 5 provides that the sureties on such a bond " shall be liable for breach of contract or of duty towards the person or persons consigning goods for sale as well as for other acts, omissions and matters now provided by law." The " other matters now provided by law " evidently are the matters con- tained in the Domestic Commerce Law specified above. Sections 443 and 574 of the Penal Code specify penalties for conducting " mock " auctions for fraudulent purposes. FORMS IN THIS CHAPTER. No. Page. Bond of auctioneer 1 174 Certilicate of acknowledgment and approval 2 175 Certificate for the comptroller indorsed on a copy 3 175 Certificate of comptroller — another form 4 175 Justification of sureties 5 176 Certificate of hoard of port wardens 6 176 Oath of president or secretary of insurance company 7 176 Terms of sale 8 177 Memorandum of sale 9 176 No. 1. Bond of Auctioneer. Know all men by these presents, that we, A. M., C. N., and E. 0., of the city of , county of , merchants, are held and firmly bound unto the people of the State of New York {or, the City of New York), in the sum of dollars, to be paid to the said the people, etc. ; for which payment well and truly to be made, we bind ourselves, our heirs, executors, and administrators, jointly and severally, firmly by these presents. Sealed with our seals, and dated this day of 19 .. . AUCTIONS. 175 The condition of this obligation is such, that if the above-bounden A. M. shall well, truly, and faithfully perform the duties of his office as an auction eer, in and for the city of {or, the county of ) , and pay to the proper officer the duties that are, or shall be, imposed by law, and shall in all things obey and conform to the laws of the State of New York and the ordinances and resolutions of the common council of the city of , now in force or hereafter to be adopted, relating to auctioneers, then the above obligation to be void, otherwise to remain in full force and virtue. A. M. (L. s.) C. N. (l. b.) E. 0. (L. s.) No. 2. Certificate of Acknowledgment and Approval. STATE OF NEW YORK, ) County of , ' On this day of , 19. . ., before me, came the above-named A. M., O. N., and E. 0., to me severally known to be the persons described in and who executed the foregoing bond, and severally acknowledged the execu- tion thereof, and I further certify that I approve of the said bond as to the form and sufficiency thereof for the purpose therein mentioned. A. B., Mayor. No. 3. Certificate for tlie Comptroller Indorsed on a Copy. City of , ss.: I hereby certify that the within is a true copy of a bond taken and approved by me, and of the certificate of acknowledgment, and approval thereon indorsed by me, and of the whole of said bond and certificate, and that said certificate ^vas executed the day it bears date. L. S., Mayor. No. 4. Certificate of Comptroller — Another Torm. I hereby certify that on the day of , 19 ... , I approved a bond for A. M., as auctioneer of the city of (oc, of tlie county of ) , and that the sureties entering into the said bond were C. N. and E. 0., both merchants residing and doing business in the city of Dated, , 19. . . L. S., Recorder, etc. 176 clerk's assistant. No. 5. Justification of Sureties. The oflScer taking and approving the bond may or may not require the sure- ties to justify. It is usual in ease of individual sureties to add an affidavit of justification by each surety substantially in the following form : STATE OF NEW YORK, } ^^ . County of , ) A. M., one of the obligors in the foregoing bond, being duly sworn, says that he is a freeholder in the state of New York and resides at No street in the city of ; that he is worth the sum of dol- lars over and above all debts and liabilities and exclusive of property exempt from levy and sale on execution; that his property consists of (describe real property and mention liens against it), of which deponent is the sole owner in his own right, and the record title thereof is in the name of this deponent. Sworn to before me, this i day of ,19... j No. 6. Certificate of Board of Fort Wardens. The undersigned, composing the board of port wardens of the port of New York ( or, Brooklyn ) , certify, hereby, that the goods mentioned in the annexed invoice, being part of the cargo of the " Susan," from Canton, China, to New York {or, Brooklyn), which ship arrived in port , 19. ., were duly examined by C. G., a member of said board, at the proper time, to-wit: on the 3d instant, and in a proper manner, and that the said goods were damaged at sea upon the voyage of importation, so as, in the opinion of said board of wardens, to be entitled to be sold at auction as damaged goods, and be exempt from the payments of auction duties, according to the provisions of the stat- ute in such case made and provided. Witness our hands, at the port of New York {or, Brooklyn), this day of , 19. . . C. G., L. S., M.N., Port Wardens of New York (or, Brooklyn). No. 7. Oath of President or Secretary of Insurance Company. STATE OF NEW YORK, > City and County of New York, ) J. S., being duly sworn, says that he is the president {or, secretary) of the Marine Insurance Company, in the city of New York, in which said company AUCTIONS. 177 "the goods mentioned and referred to in the foregoing invoice were insured; that said goods were so insured in said company by L. C, the owner (or, con- signee) thereof, for and during the voyage, for the sum of $3,000. Sworn, etc. J. S. No. 8. Terms of Sale. against The premises described in the annexed advertisement of sale, will be sold under the direction of upon the following terms: Dated, , 19 . . . 1st. Ten per cent, of the purchase money of said premises will be required to be paid to the said at the time and place of sale, and for which the receipt will be given. 2d. The residue of said purchase money will be required to be paid to the said at his oflSce, No , in the city of , on the day of , when the said deed will be ready for delivery. 3d. The is not required to send any notice to the purchaser ; and if he neglects to caU at the time and place above specified to receive his deed, he will be charged with interest thereafter on the whole amount of his purchase, unless the shall deem it proper to extend the time for the comple- tion of said purchase. 4th. All taxes, assessments, and other incumbrances, which, at the time of sale, are liens or incumbrances upon said premises, will be allowed by the out of the purchase money, provided the purchaser shall, previous to the delivery of the deed, produce to the proof of such liens, and duplicate receipts for the payment thereof. 5th. The purchaser of said premises, or any portion thereof, will, at the time and place of sale, sign a memorandum of his purchase, and pay, in addition to the purchase money, the auctioneer's fee of dollars for each parcel separately sold. 6th. The biddings will be kept open after the property is struck down; and in case any purchaser shall fail to comply with any of the above conditions of sale, the premises so struck down to him will be again put up for sale imder direction of said , under these same terms of sale, without applica- tion to the court, unless the plaintiff attorney shall elect to make such applica- tion, and such purchaser will be held liable for any deficiency there may be 12 178 between the sums for which said premises shall be struck down upon the- sale, and that for which they may be purchased on the resale, and also for any cost or expenses occurring on such resale. No. 9. IXemorandum of Sala have this day of , 19 . . , purchased the premises described in the above annexed printed advertisement of sale, for the sum of , and hereby promise and agree to comply with the terms and conditions of the sale of said premises, as above mentioned and set forth. Dated, , 19... , 19 . . , received from , the sum of , being 10 per cent, on the amount bid by , for property sold by me under the order in this cause. CHAPTER X. BANKRUPTCY. The following are the forms prescribed by the Supreme Court, under the authority given in the Bankruptcy Act. Oaths required by the act, except upon hearings in court, may be adminis- tered by referees and by officers authorized to administer oaths in proceedings before the courts of the United States, or under the laws of the State where the same are to be taken. (Bankrupt Act of 1898, c. 4, § 20.) FORMS IN THIS CHAPTBK. No. Page. Debtor's petition 1 17» Schedule A 181 Schedule B 186 Summary of debts and assets 193 Partnership petition 3 192 Creditors' petition 8 194 Order to show cause upon creditors' petition 4 195 Subpcena to alleged bankrupt 6 195 Denial of bankruptcy 6 196 Order for jury trial 7 196 Special warrant to marshal 8 197 Bond of petitioning creditor 9 198 Bond to marshal 10 198 Adjudication that debtor is not bankrupt 11 199 Adjudication of bankruptcy 12 200 appointment, oath, and report of appraisers 18 20O Order of reference 14 202 Order of reference in judge's absence 16 203 Referee's oath of office 16 203 Bond of referee 17 203 BANKETJPTOy. 179 No. Page. Notice of flrst meeting of credltora , IS 804 List of debts proved at flrst meeting It 2M Qeneral letter of attorney in fact 10 805 Special letter of attorney in fact , SI 80e Appointment of trustee by creditors tl 806 Appointment of trustee by referee St HOT Notice to trustee of his appointment 24 80S Bondof trustee ■. 8S 808 Order approving trustee's bond 3S 809 Order that no trustee be appointed 27 809 Order for examination of bankrupt !8 810 Examination of bankrupt or witness 09 210 Summons to witness <0 210 Proof of unsecured debt SI 811 Proof of secured debt S2 212 Proof of debt due corporation SS 213 Proof of debt by partnership M 213 Proof of debt by agent or attorney S6 814 Proof of secured debt by agent 86 815 AfBdavlt of lost bill or note S7 21S Order reducing claim 38 217 Order expunging claim H 217 List of claims and dividends 40 21S Notice of dividend 41 21» Petition and order for sale by auction of real estate 41 219 Petition and order for redemption of property from Hen 43 220 Petition and order for sale subject to lien 44 281 Petition and order for private sale 4B 882 Petition and order for sale of perishable property 48 282 Trustee's report of exempted property 47 283 Trustee'^ return of no assets 48 824 Account of trustee 48 825 Oath to final account of trustee 60 825 Order aUowlng account and discharging trustee 61 286 Petition for removal of 1 rustee 63 287 Notice of petition for removal of trustee 68 287 Order for removal of trustee 64 22S Order for choice of new trustee 65 828 Certificate by referee to judge , 68 229 Bankrupt's petition for discharge 67 S89 Specification of grounds of opposition to discharge 68 231 Discbarge of bankrupt 69 881 Petition for meeting to consider composition 60 231 Application 'for confirmation of composition 81 232 Order confirming composition 63 283 Order of distribution on composition , 68 283 No. 1. Debtor's Petition. To the Honorable Judge of the District Court of the United States for the District of : The petition of , of in the county of , and district and State of , [»tate occupation], respectfully repre- sents: 180 oleek's assistant. That he has had his principal place of business [or has resided, or has had his domicile] for the greater portion of six months next immediately preceding the filing of this petition at , within said judicial district; that he owes debts which he is unable to pay in full; that he is willing to surrender all his property for the benefit of his creditors except such as is exempt by law, and desires to obtain the benefit of the acts of Congress relating to bankruptcy. That the schedule hereto annexed, marked A, and verified by your petitioner's oath, contains a full and true statement of all his debts, and (so far as it is possible to ascertain) the names and places of resi- dence of his creditors, and such further statements concerning said debts as are required by the provisions of said acts: That the schedule hereto annexed, marked B, and verified by your petitioner's oath, contains an accurate inventory of all his property, both real and personal, and such further statements concerning said property as are required by the provisions of said acts: Wherefore your petitioner prays that he may. be adjudged by the court to be a bankrupt within the purview of said acts. ., Attorney. I'nited States of America, District of , ss.: I. , the petitioning debtor mentioned and described In the foregoing petition, do hereby make solemn oath that the statements con- tained therein are true according to the best of my knowledge, informa- tion, and belief. , Petitioner. Subscribed and sworn to before me, this . . day of , A. D. 19. . . [Official character.] BANKEUPTCY. lal Ph pq O m o Eh iz; Ed E-i Eh P w OQ 9 g H o o I 1 u 1 »» Nature and consideration of the debt, and whether contracted as partner or joint contractor; and if so, with whom. 1 ^1 II Residence (if un- known, that fact must be stated). 15 it P. 1- •ab .1 a 5 (1.) Taxes and debts due and owing to the United States. Taxes due and owing to the State of — ,orto any county , district.or municipality thereof . (8.) Wages due workmen, clerks, or servants to an amount not exceed- ing S300 each, earned within three months before filing the peti- tion. C4.) Other debts having pri- ority by law. 182 CLEEK S ASSISTANT. •a s -"1 1 H c? 1 US "R <1 Qt Iv^ s .S D g£ 1 to ^ o (/J tS ^ ^ » 2 ^ m S :3 -a ■E .•a S bo rt f° a] ? i u fl ■m w J2 ?^ a ■? . S5 o o ■3 = 4> o OSS ill ■55 a a) »5a « BANKKUPTOY. 183 H o 02 6 1 1 u ■ so * B 11 a h b o o S ■85 .a IS u ti ° s ii -I S -a I ^ S 9 S * .a S S a, O t-t i« ° cS cQ « ill « O 0) ^ ja « m 13 o vj •*-* ^ -*« 6 1 •• Nature and consideration of the debt, and whether any judgment, bond, bill of ex- change, promissory note, etc., and whether contracted as partner or joint contractor with any other person; and, if so, with whom. I 1 II VI O 1 1 184 CLEEK S ASSISTANT. ^^1 I'll a J4 .9 ^ tH m SO 13 * oqS 5* •" -s « o — O o © S S g IIS O ■!-> rt OOP »- £ s o o o to n O P I I s ;s ^ 8 tO O O r^ mat £ I «« s ^ s a "M » .4 T3 O S:5 g S m O fl S » > S S! « .3 T) a 04 -5 S *S fc* * ■° a g s t: •= s P .2 ffl " a .a tf ■" * « CS , 0} ■O ■" fl S S=5 P 2 ja I s °° ' t( M 2S 1 d » Nature of liability, whether same was con- tracted as partner or joint contractor, or with any other person; and, if so, with whom. ^■6 II II la 5 . if II is jl ■ 1= O (3 §■2 [ Reference to ledger or Toucher. 1 -? BANKEUPTOY. 185 I ^ *H £^ fa '^ ^ «? .3 J g * a 4i a « 0» Whether liability was contracted as partner or joint contractor, or with any other person, and, if so, with whom. 1 i II U s lb §"sa ill J2; Ifl-* to 111 pi i ■s "5 a .a I •g « is d V m o 0) OQ 5 2 '. « •O % ' y p « ■ cS 1$ eu , , o m 1 Ok i ) >1 >. J4 ■!-♦ 9 S c^ ■* cd i 1 to < u •.g ' Fl >>■ ^ ^ IH "H 1 Si l^ 1 ^ •o s ^ o s Oi If tM m iH Tl ja . fl 1^ 43- Q d 5J OJ "S < 1 \ 1 5 C3 S~i fl g 1 1 a 1 1 1 1 g i 1 1 ■g Mi T1 1 O 0) & d JU p ^ -3 186 clerk's assistant. BANKBUPTOT, 187 So o e 2 .a h r; K p< D, ja « i: ^ ^ §■3. C9 o Ph 188 CLEEK S ASSISTANT. fe S I eS o s § ■9 S ^ 3 ■s C8 ^ ^1 .9 o .3 jd a 3 3 a ^ I BANKEUPTCY. 189 m ■ai •" t bS * ca e5 ■g.a m ;§ Oh CO o Kg o p £ ■ t ?fiio 190 CLEEK S ASSISTANT. w g P^ c ^^ ^ 1 i o s t J9 fe ^ S •^ 03 $ g 1 '■§ ^ O •fe" J2 .a s $■0 a §5, sa >.° "a BANKKUPTCT. 191 SOHBDITLB B. (6) BOOKS, PAPERS, DEEDS, AND WBITINOS RELATING TO BANKRUPT'S BUSIKE8B AND ESTATE. The following is a true list of all books, papers, deeds, and writings relating to my trade, business, dealings, estate, and effects, or any part thereof, which, at the date of this petition, are in my possession or under my custody and control, or which are in the possession or custody of any person in trust for me, or for my use, benefit, or advantage; and also of all others which have been heretofore, at any time, in my possession, or under my custody or control, and which are now held by the parties whose names are hereinafter set forth, with the reason for their custody of the same. Books. Deads. Faperc . , Pttitioner. Oath to Schedule B. United States of America, District of , ss: On this . . day of A. D. 18. ., before me personally came , the person mentioned in and who subscribed to the foregoing schedule, and who, being by me first duly sworn, did declare the said schedule to be a statement of all his estate, both real and personal. In accordance with the acts of Congress relating to bankruptcy. lOtfldal Ohoracter.] 192 CLEEK S ASSISTANT, SUMMAEY OF DeBTS AND AsSETS. [From the statements of the bankrupt in Schedules A and B.] Schedule A.... 1 (1} Taxes and debts due United States 1 (3) Taxes due States, counties, districts, and munici- ii it 1 fS'i "Waees ii ti ■Schedule A . . . 3 Secured claims Schedule A . . . Schedule A. . . . -Schedule A.... 4 Notes and bills which ought to be paid by other parties thereto 5 Accommodation paper 1 Real estate ~_^ Schedule B . . . . Schedule B.... ii li ii 11 2-d Househood goods, etc il Ll it LI 11 it, ii il li ii Li ii"*' Z-k Machinery, tools, etc ■Schedule B . . . , 2-m Other personal property 3-a Debts due on open accounts Li iL schedule B.... Schedule B,... 3-d Unliquidated claims 3-e Deposits of money in banks and elsewhere 4 Property in reversion, remainder, trust, etc. No. 2. Partnership Petition. TTo the Honorable Judge of the District Court of the United States for the District of : The petition of respectfully represents: That your petitioners and have been partners under the firm name of , having their principal place of business at in the county of , and district and State of , for the greater portion of the six months next immediately preceding the' filing •of this petition; that the said partners owe debts which they are unable to pay in full; that your petitioners are willing to surrender all their prop- -erty for the benefit of their creditors, except such as is exempt by law, and desire to obtain the benefit of the acts of Congress relating to bank- ruptcy. That the schedule hereto annexed, marked A, and verified by . . oath , contains a full and true statement of all the debts of said partners, and, as far as possible, the names and places of residence of their creditors, a.nd such further statements concerning said debts as are required by the provisions of said acts. BANKRUPTCY. 193 That the schedule hereto annexed, marked B, verified by oath , con- tains an accurate inventory of all the property, real and personal, of said partners, and such further statements concerning said property as are required by the provisions of said acts. And said further states that the schedule hereto annexed, marl^ed O, verified by his oath, contains a full and true statement of all his individual debts, and, as far as possible, the names and places of resi- dence of his creditors, and such further statements concerning said debts as are required by the provisions of said acts; and that the schedule hereto annexed, marked D, verified by his oath, contains an accurate inventory of all his individual property, real and personal, and such fur- ther statements concerning said property as are required by the provi- sions of said acts. And said further states that the schedule hereto annexed, marked E, verified by his oath, contains a full and true statement of all his individual debts, and, as far as possible, the names and places of res- idence of his creditors, and such further statements concerning said debts as are required by the provisions of said acts; and that the schedule hereto annexed, marked P, verified by his oath, contains an accurate in- ventory of all his individual property, real and personal, and such further statements concerning said property as are required by the provisions of said acts. And said further states that the schedule hereto annexed, marked G, verified by his oath, contains a full and true statement of all his individual debts, and, as far as possible, the names and places of residence of his creditors, and such further statements concerning said debts as are required by the provisions of said acts; and that the schedule hereto annexed, marked H, verified by his oath, contains an accurate In- ventory of all his individual property, real and personal, and such further statements concerning said property as are required by the provisions of said acts. And said further states that the schedule hereto annexed, marked J, verified by his oath, contains a full and true statement of all his individual debts, and, as far as possible, the names and places of residence of his creditors, and such further statements concerning said debts as are required by the provisions of said acts, and that the schedule hereto annexed, marked K, verified by his oath, contains an accurate Inventory of all his individual property, real and personal, and such fur- ther statements concerning said property as are required by the pro- visions of said acts. Wherefore your petitioners pray that the said firm may be adjudged by a decree of the court to be bankrupts within the purview of said acts. PeHtion«r». ., Attorney . 13 194 clerk's assistant. the petitioning debtors mentioned and described In tlie foregoing petition, do liereby make solemn oatti tliat the statements con- tained therein are true according to the best of their knowledge, informa- tion, and belief. Petitioneri. Subscribed and sworn to before me this .... day of , A. D., 19. . r [Official character.] [Schedules to be annexed corresponding with schedules under Form No. 1.] No. 3. Creditor's Petition. To the Honorable , judge of the District Court of the United States for the district of : The petition of of and of and of , respectfully shows: That of has for the greater portion of six months next preceding the date of filing this petition, had his principal place of business, [or resided, or had his domicile] at in the county of and State and district aforesaid, and owes debts to the amount of $1,000. That your petitioners are creditors of said , having proT- abie claims amounting in the aggregate, in excess of securities held by them, to the sum of $500. That the nature and amount of your peti- tioners' claims are as follows: And your petitioners further represent that said is in- solvent, and that within four months next preceding the date of this petition the said committed an act of bankruptcy, in that he did heretofore, to- wit, on the day of I / 1 Wherefore your petitioners pray that service of this petition, with a sub- poena, may be made upon as provided in the acts of Con- gress relating to bankruptcy, and that he may be adjudged by the court to be a bankrupt within the purview of said acts. Petitioners, Attorney . BANKKUPTCV. 195 United States of America District of ss: , , being three of the petitioners above named, do hereby malie solemn oath that the statements contained in the foregoing petition, subscribed by them, are true. Before me, , this .... day of , 19. . . [Official character.] [Schedules to be annexed corresponding with schedules under Form No. 1.] No. 4. Order to Show Cause upon Creditors' Petition. In the District Court of the United States for the District of 1 In the Matter of | y In Binkruptoy. I J Upon consideration of the petition of that be declared a bankrupt, it is ordered tliat the said do appear at this court, as a court of bankruptcy, to be holden at in the dis- trict aforesaid, on the day of at . . o'clock in the noon, and show cause, if any there be, why the prayer of said petition should not be granted; and It is further ordered that a copy of said petition, together with a writ of subpoena, be served on said by delivering the same to him personally or by leaving the same at his last usual place of abode In said district, at least five days before the day aforesaid. Witness the Honorable , judge of the said court, and the seal thereof, at in said district, on the day of A. D. 19... [SEAL or THE couBT.] Clerk. No. 6. Subpoena to Alleged Bankrupt. United States of America District of To , in said district, greeting: For certain causes offered before the District Court of the United States of America within and for the district of as a court of bankruptcy, we command and strictly enjoin you, laying all other matters aside and notwithstanding any excuse, that you personally appear before our said District Court to be holden at in said district, on the day of A. D. 189 to answer to a petition 196 clerk's assistant. filed by in our said qourt, praying that you may be adjudged a bankrupt; and to do further and receive that which our said District Court shall consider in this behalf. And this you are in no wise to omit, under the pains and penalties of what may befall thereon. Witness the Honorable , judge of said court, and the seal thereof, at , this day of A. D. 19. . . [SEAI, OF THE COTTBT.] Clerk. No. 6. Denial of Bankruptcy. In the District Court of the United States for the District of 1 In the Matter of | J- In Bankruptcy. I J At in said district, on the day of , A. D. 19. . And now the said appears, and denies that he has com- mitted the act of bankruptcy set forth in said petition, or that he is in- solvent, and avers that he should not be declared bankrupt for any cause In said petition alleged; and this he prays may be inquired of by the court [or, he demands that the same may be inquired of by a jury]. Subscribed and sworn to before me, this .... day of , A. D. 19. . } [Official character.'] No. 7. Order for Jury Trial. In the District Court of the United States for the District of In the Matter of . In Bankruptcy. At , in said district, on the .... day of , 19. . . Upon the demand in writing filed by , alleged to be a bank- rupt, that the fact of the commission by him of an act of bankruptcy, and the fact of his insolvency may be inquired of by a Jury, it is ordered, that said Issue be submitted to a jury. [SEAL or THE COURT.] Clerk. BANKRUPTCY. 197 No. 8. Special Warrant to Marshal. In the District Court of the United States for the . . . District of In the Matter of In Bankruptcy. To the marshal of said district or to either of his deputies, greeting: Whereas a petition for adjudication of banltruptcy was, on the .... day of A. D. 18. ., filed against of the county of and State of In said district, and said petition is still pend- ing; and whereas it satisfactorily appears that said has committed an act of bankruptcy [or has neglected or is neglecting, or is about to so neglect his property that it has thereby deteriorated or is thereby deterio- rating or is about thereby to deteriorate in value], you are therefore authorized and required to seize and take jrossession of all the estate, real and personal, of said , and of all his deeds, books of account, and papers, and to hold and keep the same safely subject to the further order of the court Witness the Honorable judge of the said court, and the seal thereof, at in said district, on the .... of , A. D. 19. . [seal or THE COURT.] Clerk. Beturn by Marshal Thereon. By virtue of the within warrant, I have taken possession of the estate of the within-named , and of all his deeds, books of account, and papers which have come to my knowledge. Marshal [or. Deputy Marshal]. Fees and Expenses. i. Service of warrant 2. Necessary travel, at the rate of six cents a mile each way. 3. Actual expenses in custody of property and other services as follows; [Here state the particulars.] Marshal [or Deputy Marshal]. 198 clerk's assistant. District of A. D. 19. . . Personally appeared before me the said , and made oath that the above expenses returned by him have been actually incurred and paid by him, and are just and reasonable. Referee in Bankruptcy. No. 9. Bond of Petitioning Creditor. Know all men by these presents: Tliat we as principal, and as sureties, are held and firmly bound unto , in the full and just sum of dollars, to be paid to the said , executors, administrators, or assigns, to which payment, well and truly to be made, we bind ourselves, our heirs, executors, and administrators, jointly and severally, by these presents. Signed and sealed this .... day of , A. D. 189. .. The condition of this obligation is such that whereas a petition In banli- ruptcy has been filed in the district court of the United States for the .... district of against the said and the said has applied to that court for a warrant to the marshal of said district directing him to seize and hold the property of said , subject to the fur- ther orders of said district court Now, therefore, if such a warrant shall issue for the seizure of said property, and if the said shall indemnify the said for such damages as he shall sustain in the event such seizure shall prove to have been wrongfully obtained, then the above obligation to be void; otherwise to remain in full force and virtue. Sealed and delivered In presence of [seal.] [seal.] [seal.] Approved this .... day of A. D., 19.. District Judge. No. 10. Bond to Marshal. Know all men by these presents: That we, as principal, and as sureties, are held and firmly bound unto marshal of the United States for the district of in BANKBUPTCTo 199 the full and just sum of dollars, to be paid to the said , his executors, administrators, or assigns, to which payment, well and truly to be made, we bind ourselves, our heirs, executors, and admin- istrators, jointly and severally, by these presents. Signed and sealed this .... day of A. D. 19. . The condition of this obligation is such that whereas a petition In bank- ruptcy has been filed in the district court of the United States for the district of against the said , and the said court has Issued a warrant to the marshal of the United States for said district, directing him to seize and hold property of the said sub- ject to the further order of the court, and the said property has been seized by said marshal as directed, and the said district court upon a petition of said has ordered the said property to be released to him. Now, therefore, if the said property shall be released accordingly to the said and the said being adjudged a bankrupt, shall turn over said property or pay the value thereof in money to the trustee, then the above obligation to be void; otherwise to remain in full force and virtue. Sealed and delivered In the presence of [SEAL,.] [seal.] [seal.] Approved this day of ., A. D. 19.. Diitriet Judge. No. 11. Adjudication that Debtor is not Bankrupt. In the District Court of the United States for the District of In the Matter of In Bankruptcy. At , in said district, on day of , A. D. 19. ., before the Honorable judge of the district of This cause came on to be heard at in said court, upon the peti- tion of that be adjudged a bankrupt within the true Intent and meaning of the acts of Congress relating to bank- ruptcy, and [Here state the proceedings, whether there was no opposition, or, if opposed, state what proceedings were had.l 200 cleek's assistant. And thereupon, and upon consideration of tlie proofs in said cause [and the arguments of counsel thereon, if any], it was found that the facts set forth in said petition were not proved; and it is therefore adjudged that said was not a bankrupt, and that said petition be dismissed, with costs. Witness the Honorable judge of said court, and the seal thereof, at in said district, on the .... day of , A. D. 19 . . . [SEAL OP THE COURT.] Clerk. No. 12. Adjudication of Bankruptcy. In the District Court of the United States for the District of In the Matter of Bankrupt y In Bankruptcy. At in said district, on the .... day of ,, A. D. 19. ., before the Honorable , judge of said court in bankruptcy, the peti- tion of that be adjudged a bankrupt, within the true intent and meaning of the acts of Congress relating to bank- ruptcy, having been heard and duly considered, the said is hereby declared and adjudged bankrupt accordingly. Witness the Honorable judge of said court, and the seal thereof, at , In said district, on the day of , A. D. 19. . . [SEAL OF THE COTJBT.] Clerk. No. 13. Appointment, Oath and Report of Appraisers. In the District Court of the United States for the . . District of In the Matter of Bankrupt - In Bankruptcy. It is ordered that , of of and of three disinterested i)ersons, be, and they are BANKETJPTCY. 201 hereby, appointed appraisers to appraise the real aid personal property belonging to the estate of the said bankrupt set out in the schedules now on file in this court, and report their appraisal to the court, said appraisal to be made as soon as may be, and the appraisers to be duly sworn. Witness my hand this day of , A. D. 19. . . Referee in Bankruptcy. District of , ss.: Personally appeared the within-named and severally made oath that they will fully and fairly appraise the aforesaid real and per- sonal property according to their best skill and judgment. Subscribed and sworn to before me this .... day of , A. D. 19. . . [Official Character.] We, the undersigned, having been notified that we were appointed to estimate and appraise the real and personal property aforesaid, have attended to the duties assigned us, and after a strict examination and careful inquiry, we do estimate and appraise the same as follows: In witness whereof we hereunto set our hands, at , this .... day of A. D. 18,.. 202 CLEEK S ASSISTANT. No. 14. Order of Bef erence. In the District Court of the United States for the District of In the Matter of Bankrupt. - In Bankruptcy. Whereas , of in the county of and district aforesaid, on the .... day of A. D. 19. ., was duly adjudged a bank- rupt upon a petition filed in this court by [or, against] him on the day of A. D. 189. ., according to the provisions of the acts of Congress relating to bankruptcy, It is thereupon ordered, that said matter be referred to one of the referees in bankruptcy of this court, to take such further pro- ceedings therein as are required by said acts; and that the said shall attend before said referee on the .... day of , at and thenceforth shall submit to such orders as may be made by said referee or by this court relating to said ...... bankruptcy. Witness the Honorable , judge of the said court, and the seal thereof, at , in said district, on the .... day of A. D. 19... [SEAL or THE COTTBT.] Olerk. No. 15. Order of Reference in Judge's Absence. In the District Court of the United States for the District of In the Matter of ^ In Bankruptcy. I -J Whereas on the day of A. D. 19. ., a petition was filed to have of in the county of and district afore- said, adjudged a bankrupt according to the provisions of the acts of Con- gress relating to bankruptcy; and whereas the judge of said court was absent from said district at the time of filing said petition [or, in case of involuntary bankruptcy, on the next day after the last day on which pleadings might have been filed, and none have been filed by the bankrupt or any of his creditors]. It is thereupon ordered that the said matter he referred to one of the referees In bankruptcy of this court, to consider said petition and take such proceedings therein as are re- BANKRUPTCY. 203 quired by said acts; and that tlie said shall attend before said referee on the day of A. D. 189. ., at Witness my hand and seal of the court, at , in said district, on the day of A. D. 19.. . [SEAL OF THE COURT.] Clerk. No. 16. Referee's Oath of Office. I , do solemnly swear that I will administer justice with- out respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent on me as referee in bankruptcy, according to the best of my abilities and understanding, agreeably to the Constitution and laws of the United States. So help me God. Subscribed and sworn to before me, this day of , A. D. 19. . ••*•• » District Judge. No. 17. Bond of Beferee. Know all men by these presents: That we of as principal, and of and of , as sureties, are held and firmly bound to the United States of America in the sum of dollars, lawful money of the United States, to be paid to the said United States, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, and administrators. Jointly and severally, by these presents. Signed and sealed this .... day of A. D. 180. . The condition of this obligation is such that whereas the said has been on the . . . .day of , A. D. 18. ., appointed by the Honorable judge of the district court of the United States for the district of a referee in bankruptcy, in and for the county of in said district, under the acts of Congress relating to bankruptcy. Now, therefore, if the said shall well and faithfully dis- charge and perform all the duties pertaining to the said office of referee in bankruptcy, then this obligation to be void; otherwise to remain in full force and virtue. Signed and sealed in [i.. s.] the presence of [i-. s.] [L.8.1 [L. 8.] Approved this day of , A. D. 19. . . District Judge. 204 cleek's assistant. No. 18. Notice of First Meeting of Creditors. In the District Court of the United States for the District of In Bankruptcy. In the Matter of Bankrupt . \- In Bankruptcy. ., in the county of and To the creditors of , of . district aforesaid, a bankrupt. Notice is hereby given that on the day of A. D. 19. ., the said was duly adjudicated bankrupt; and that the first meeting of his creditors will be held at in on the day of A. D. 18.., at . . o'clock in the .... noon, at which time the said cred- itors may attend, prove their claims, appoint a trustee, examine the bankrupt, and transact such other business as may properly come before said meeting. Referee in Bankruptcy. ,19.. No. 19. List of Debts Proved at First Meeting. In the District Court of the United States for the District of In the Matter of Bankrupt . In Bankruptcy. At in said district, on the day of A. D. 19.., before , referee in bankruptcy. The following Is a list of creditors who have this day proved their debts: Namea of creditors. Residence. Debts proved. Dolls. Ots- Referee in Bankruptcy. BANKRUPTCY. 205 No. 20. General Letter of Attorney in Fact when Creditor is not Represented by Attorney at Law. In the District Court of the United States for the District of In the Matter of Bankrupt ■ In Bankruptcy. To I of in the county of and State of do hereby authorize you, or any one of you, to attend the meeting or meet- ings of creditors of the bankrupt aforesaid at a court of bankruptcy, wherever advertised or directed to be holden, on the day and at the hour appointed and notified by said court in said matter, or at such other place and time as may be appointed by the court for holding such meeting or meetings, or at which such meeting or meetings, or any adjournment or adjournments thereof may be held, and then and there from time to time, and as often as there may be occasion, for me and in nly name to vote for or against any proposal or resolution that may be then submitted under the acts of Congress relating to bankruptcy; and in the choice of trustee or trustees of the estate of the said bankrupt, and for me to assent to such appointment of trustee; and with like powers to attend and vote at any other meeting or meetings of creditors, or sitting or sittings of the court which may be held therein for any of the purposes aforesaid; also to accept any composition proposed by said bankrupt in satisfaction of his debts, and to receive payment of dividends and of money due me under any composition, and for any other purpose In my interest whatso- ever, with full power of substitution. In witness whereof I have hereunto signed my name and aflBxed my seal the day of A. D. 189. .. [I..S.] Signed, sealed, and delivered in presence of Acknowledged before me this day of A. D. 19. . . [O^dal Character.] 206 clerk's assistant. No. 21. Special Letter of Attorney in Fact. In the Matter of Bankrupt 1 >-/» Bankruptcy. I J To I hereby authorize you, or any one of you, to attend the meeting of creditors in this matter, advertised or directed to be holden at , on the day of , before or any adjournment thereof, and then and there for and in name to vote for or against any proposal or resolution that may be lawfully made or passed at such meeting or adjourned meeting, and in the choice of trustee or trustees of the estate of the said bankrupt. [r..8.] In -witness whereof I have hereunto signed my name and affixed my seal the day of A. D. 189. . Signed, sealed, and delivered in presence of Acknowledged before me this day of , A. D. 19. . . ...■■... ....... [Official Character.] No. 22. Appointment of Trustees by° Creditors. In the District Court of the United States for the District of In the Matter of Bankrupt In Bankruptcy. At , in said district, on the day of A. D. 19 . . , be- fore referee in bankruptcy. This being the day appointed by the court for the first meeting of creditors in the above bankruptcy, and of which due notice has been given in the [here insert the names of the newspapers in which notice was published~\, we, whose names are hereunder written, being the majority in BANKRUPTCY. 207 number and in amount of claims of the creditors of the said bankrupt, whose claims have been allowed, and who are present at this meeting, do hereby appoint of in the county of and State of to be the ti-ustee. . of the said bankrupt's estate and effects. Signatures of creditors. Residences of the same. Amount of debt. Dolls. Cts. Ordered, that the above appointment of trustee hereby approved. be, and the same is Referee in Bankruptcy. No. 23. Appointment of Trustees by Beferee. In the District Court of the United States for the District of In the Matter of Bankrupt In Bankruptcy. At in said district, on the day of , A. D. 19. ., be- fore , referee in bankruptcy. This being the day appointed by the court for the first meeting of cred- itors under the said bankruptcy, and of which due notice has been given in the [here insert the names of the newspapers in which notice was published] I, the undersigned referee of the said court in bankruptcy, sat at the time and place above mentioned, pursuant to such notice, to take the proof of debts and for the choice of trustee under the said bank- ruptcy; and I do hereby certify that the creditors whose claims had been allowed and were present, or duly represented, failed to make choice of a trustee of said bankrupt's estate, and therefore I do hereby appoint , of in the county of and State of as trustee of the same. Referee in Bhnkruptey. 208 cleek's assistant. No. 24. Notice to Trustee of His Appointment. In the District Court of the United States for the District of In the Matter of Bankrupt . I I t In Bankruptcy. To of in the county of , and district aforesaid: I hereby notify you that you were duly appointed trustee [or one of the trustees] of the estate of the above-named bankrupt at the first meeting of the creditors, on the day of , A. D. 19.., and I have approved said appointment The penal sum of your bond as such trustee has been fixed at dollars. You are required to notify me forthwith of your acceptance or rejection of the trust. Dated at the day of , A. D. 19. . . Referee in Bankruptcy. No. 25. Bond of Trustee. Know all men by these presents: That we , of , as principal, and , of and , of , as sureties, are held and firmly bound unto the United States of America in the sum of dollars, in lawful money of the United States, to be paid to the said United States, for which payment, well and truly to be made, we bind ourselves and our heirs, executors, and administrators, jointly and severally, by these presents. Signed and sealed this day of , A. D. 19. . . The condition of this obligation is such, that whereas the above-named was, on the day of ., A. D. 189. ., appointed trustee in the case pending in bankruptcy in said court, wherein is the bankrupt, and he, the said , has accepted said trust with all the duties and obligations pertaining thereunto: Now, therefore, if the said , trustee as aforesaid, shall obey such orders as said court may make in relation to said trust, and shall faithfully and truly account for all the moneys, assets, and effects of the estate of said bankrupt which shall come into his hands and possession, and shall in all respects faithfully perform all his oflBcial duties as said trustee, then this obligation to be void; otherwise, to remain In full force and virtue. Signed and' sealed in , [seal.] presence of , [seal.] [SEAL.] BANKEUPTCT. 209 No. 26. Order Approving Trustee's Bond. At a court of bankruptcy, held in and for the District of , at , , this day of 19. .. Before , referee in bankruptcy. In the District Court of the United States for the District of In the Matter of Bankrupt In Bankruptcy. It appearing to the Court of and In said district, has been duly appointed trustee of the estate of the above-named bank- rupt, and has given a bond with sureties for the faithful performance of his official duties, in the amount fixed by the creditors [or by order of the court], to-wlt, in the sum of dollars, it is ordered that the said bond be, and the same is hereby, approved. Referee in Bankruptey. No. 27. Order that no Trustee be Appointed. In the District Court of the United States for the District of 1 In the Matter of I Bankrupt . In Bankruptcy. J It appearing that the schedule of the r>aDkrupt discloses no assets, and that no creditor has appeared at the fli-st meeting, and that the appoint- ment of a trustee of the bankrupt's estate is not now desirable, it is hereby ordered that, until further order of the court, no trustee be ap- pointed and no other meeting of the creditors be called. Referee in Bankruptcy. 14 210 CLEEK S ASSISTANT. No. 28. Order for Examination of Bankrupt. In tbe District Court of the United States for the District of In the Matter of Bankrupt . In Bankruptoy. At on the day of A. D. 19. . . Upon the application of trustee of said bankrupt [or creditor of said bankrupt], it is ordered that said bankrupt attend before one of the referees in bankruptcy of this court, at on the day of at . . o'clock in the noon, to submit to examination under the acts of Congress relating to bankruptcy, and that a copy of this order be delivered to him, the said bankrupt, forthwith. Referee in Bankruptcy. No. 29. Examination of Bankrupt or Witness. In the District Court of the United States for the District of In the Matter of ^ In Bankruptoy. Bankrupt . \ J At in said district, on the ,. day of A. D. 19... before , one of the referees in bankruptcy of said court of , in the county of and State of being duly sworn and examined at the time and place above mentIoned^ upon his oath eays. [Here insert substance of examination of party.] Referee in Bankruptcy. No. 30. Summons to Wltnees. To : ■Whereas , of in the county of and State of , has been duly adjudged bankrupt and the proceeding In bank- ruptcy is pending in the District Court of the United States for the District of BANKEUPTCV. 211 These are to require you, to whom this summons Is directed, personally to be and appear before one of the referees in bankruptcy of the said court, at , on the day of , at . . o'clock in the noon, then and there to be examined in relation to said bankruptcy. Witness the Honorable , Judge of said court, and the seal thereof at , this day of , A. D. 19 . . Clerk. Betum of Summons to Witness. In the District Court of the United States for the District of In the Matter of - In Bankruptcy. Bankrupt . J On this day of A. D. 19 . . , before me came , of , in the county of and State of and makes oath, and says that he did, on the day of A. D. 189. ., peiv sonally serve , of , in the county of and State of , with a true copy of the summons hereto annexed, by delivering the same to him; and he further makes oath, and says that he is not in- terested in the proceeding in bankruptcy named in said summons. Subscribed and sworn to before me, this .... day of , A. D. 19. . No. 31. Proof of Unsecured Debt. In the District Court of the United States for the District of 1 In the Matter of I I , y fn Bankruptcy. Bankrupt . At , in said district of on the day of , A. D. 19. . ., came , of in the county of in said dis- trict of and made oath, and says that the person by lor against] whom a petition for adjudication of bankruptcy has been filed, was at and before the filing of said petition, and still is, justly and truly indebted to said deponent in the sum of dollars; that the con- 212 sideration of said debt is as follows: that no part of said debt has been paid [except ] ; that there are no set-ofits or counterclaims to the same [except ]; and that deponent has not, nor has any person by his order, or to his knowledge or belief, for his use, had or received any manner of security for said debt whatever. Creditor. Subscribed and sworn to before me, this day of A. D. 19. . [Offioial Oharaoter.] No. 32. Proof of Secured Bebt. In the District Court of the United States for the District of In the Matter of Bcmkrupt In Bankrv/ptoy, At in said district of on the day of , A- D. 189. ., came of , in the county of , in said dis- trict of and made oath, and says that the person by [or against] whom a petition for adjudication of bankruptcy has been filed, was at and before the filing of said petition, and still is, justly and truly indebted to said deponent, in the sum of dollars; that the consideration of said debt is as follows ; that no pai-t of said debt has been paid [except ]; that there are no set-offs or counterclaims to the same [except ] ; and that the only securities held by this deponent for said debt are the following: Creditor. Subscribed and sworn to before me, this day of A. D. . . . [Official Character.'\ BANKETJPTCV. 213 Xo. 33. Proof of Debt Due Corporation. In the District Court of the United States for the District of 1 In the Matter of I I In Bankruptcy. Bankrupt . At in said district of on the day of A. D. 19. ., came , of , in the county of and State of and made oath and says that he is of the a corpo- ration incorporated by and under the laws of the State of , and carrying on business at , in the county of and State of and that he is duly authorized to make this proof, and says that the said the person by [or against] whom a petition for adjudication of bankruptcy has been filed, was at and before the filing of the said petition, and still is justly and truly indebted to said corporation in the sum of dollars; that the consideration of said debt is as follows: that no part of said debt has been paid [except ] ; that there are no set-offs or counterclaims to the same [except ] ; and that said corporation has not, nor has any person by its order, or to the knowledge or belief of said deponent, for its use, had or received any manner of security for said debt whatever. of said Corporation. Subscribed and sworn to before me, this .... day of A. D. If). . [Official Character.] No. 34. Proof of Debt by Partnership. In the District Court of the United States for the District of In the Matter of Ba/nkrupt - In Bankruptcy. At , in said district of , on the day of , A. D. 19... came of in the county of in snid district of and made oath and says that he is one of the firm of 214 consisting of himself and , of In tlie county of and State of ; tliat the said the per- son by [or against] whom a petition for adjudication of bankruptcy has been filed, was at and before the filing of said petition, and still is, justly and truly indebted to this deponent's said firm in the sum of dollars; that the consideration of said debt is as follows: that no part of said debt has been paid [except ] ; that there are no set-offs or counterclaims to the same [except ] ; and this deponent has not, nor has his said firm, nor has any person by their order, or to this deponent's knowledge or belief, for their use, had or receiyed any manner of security for said debt whatever. Creditor. Subscribed and sworn to before me, this day of A. D. 19. . [Offloial CharOfCter.] No. 35. Proof of Debt by Agent or Attorney. In the District Court of the United States for the District of 1 In the Matter of I U In Bankruptcy. Bankrupt . At in said district of on the day of , A. D. 189. ., came of in the county of , and State of , attorney lor authorized agent] of in the county of , and State of and made oath and says that the person by [or against] whom a petition for adjudication of bankruptcy has been filed, was at and before the filing of said petition, and still is, justly and truly indebted to the said in the sum of dollars; that the consideration of said debt is as follows: that no part of said debt has b«pen paid [except ] ; and that this deponent has not, nor has any person by his order, or to this deponent's knowledge or belief, for his use had or received any manner of security for said debt whatever. And this deponent further says, that this deposition cannot be made by the claimant in person because BANKEUPTOY. 215 and that he is duly authorized by his principal to make this affidavit, and that it is within his knowledge that the aforesaid debt was incurred as and for the consideration above stated, and that such debt, to the best of his knowledge and belief, still remains unpaid and unsatisfied. Subscribed and sworn to before me, this .... day of A. D. 19. . • ...•, [Offlcial Charaoter.1 No. 36. Proof of Secured Bebt by Agent. In the District Court of the United States for the District of In the Matter of Bankrupt . H In Bankruptcy. At in said district of on the day of A. D. 19... same , of , in the county of and State of attorney [or, authorized agent] of , in the county of , and State of , and made oath, and says that , the person by [or, against] whom a petition for adjudication of bankruptcy has been filed, was, at and before the filing of said petition, and still is, justly and truly indebted to the said in the sum of dollars; that the consideration of said debt is as follows: that no part of said debt has been paid [except ]; that there are no set-offs or counterclaims to the same [except ]; and that the only securities held by said for said debt are the following: f and this deponent further says that this deposition cannot be made by the claimant in person because and that he is duly authorized by his principal to make this deposition. 216 CLEEK S ASSISTANT. and that It is within his knowledge that the aforesaid debt was incurred as and for the consideration above stated. Subscribed and sworn to before me this .... day of , A. D. 19. ^ » [Official Character. '\ No. 37. Affidavit of Lost Bill or Note. In the District Court of the United States for the District of In the Matter of Bankrupt . In Bankruptcy. J On this day of A. D. 19. . , at came , ef in the county of and State of and makes oath and says that the bill of exchange [or note], the particulars whereof are underwritten, has been lost under the following circumstances, to-wit, and that he, this deponent, has not been able to find the same; and this deponent further says that he has not, nor has the said , or any person or persons to their use, to this deponent's knowledge or belief, negotiated the said bill [or note], nor in any manner parted with or as- signed the legal or beneficial interest therein, or any part thereof; and that he, this deponent, is the person now legally and beneficially interested in the same. Bill oe Note Above Referred' to. Date. Drawer or maker. Acceptor. Sum. Subscribed and sworn to before me, this day of A. D. 19. . • ••• » [Offlcial Character.^ BANKRUPTCY. No. 38. Order Reducing Claim. In the District Court of the United States for the District of 217 In the Matter of Bankrupt In Bankruptcy. At , in said district, on the ...... day of A. D. 19. . Upon the evidence submitted to this court upon the claim of against said estate [and, if the fact he so, upon hearing counsel thereon], it is ordered, that the amount of said claim be reduced from the sum of , as set forth in the affidavit in proof of claim filed by said creditor in said case, to the sum of and that the latter-named sum he entered upon the books of the' trustee as the true sum upon which a dividend shall be computed [if with interest, -with interest thereon from the day of , A. D. 19. . ]. Referee in Bankruptcy. No. 39. Order Expunging Claim. In the District Court of the United States for the District of In the Matter of Bankrupt . In Bankruptcy, At in said district, on the day of , A. D. 19. .. Upon the evidence submitted to the court upon the claim of against said estate [and, if the fact be so, upon hearing counsel thereon], it is ordered, that said claim be disallowed and expunged from the list of claims upon the trustee's record In said case. Referee in Bankruptcy. 218 CLEKK S ASSISTANT. No. 40. List of Claims and Dividends to be Becorded by Beferee and by Htm Delivered to Trustee. In tlie District Court of the United States for the District of In the Matter of Bankrupt . U In Bcmkruptoy. I I J 'At in said district, on the day of A. D. 19. .. A list of debts proved and claimed under the iankruptey of ■, with dividend at the rate of per cent, this day declared thereon 6j/ , a referee in hankrupti^. No. Creditors. [To be placed alphabetically, and the names of all the partiHs to the proof to be carefully set forth.] Sum proved. Dollars. Cents. DiTidend. Dollari. Cents. Referee in Bankruptcv- BAIfKEUPTCY. No. 41. Notice of Dividend. In the District Court of the United States for the 219 District of In the Matter of Bankrupt In Bankruptcy. At To .. on the day of , A. D. 19. Creditor of , bankrupt: I hereby inform you that you may, on application at my oflBce on the day of , or on any day thereafter, between the hours of receive a warrant for the dividend due to you out of the above estate. If you cannot personally attend, the warrant will be de- livered to your order on your filling up and signing the subjoined letter. ■ ...■ •■..■, Trustee. Creditor's Lettor to Trustee. To , Trustee In bankruptcy of the estate of , bankrupt: Please deliver to the warrant for dividend payable out of the said estate to me. • ■ J Creditor. No. 42. Petition and Order for Sale by Auction of Beal Estate. In the District Court of the United States for the DistrlL '; of In the Matter of Bankrupt . - In Bankruptcy. Respectfully represents trustee of the estate of said bank- rupt, that It would be for the benefit of said estate that a certain portion of the real estate of said bankrupt, to-wit: [here describe it and lis estimated value'] should be sold by auction, in lots or parcels, and upon terms and conditions, as follows: 220 cleek's assistant. Wherefore he prays that he may be authorized to make sale by auction of said real estate as aforesaid. Dated this day of A. D. 18. .. Trustee. The foregoing petition liaving been duly filed, and having come on for a hearing before me, of which hearing ten days' notice was given by mail, to creditors of said bankrupt, now, after due hearing, no adverse Interest being represented thereat [or after hearing in favor of said petition and in opposition thereto], it is ordered that the said trustee be authorized to sell the portion of the bankrupt's real estate speci- fied in the foregoing petition, by auction, keeping an accurate account of each lot or parcel sold and the price received therefor and to whom sold; which said account he shall file at once with the referee. Witness my hand this day of A. D. 19. .. Referee in Bankruptcy. No. 43. Petition and Order for Bedemptiou of Property from Lien. In the District Court of the United States for the District of . , In the Matter of Bankrupt In Bankruptcy. Respectfully represents , trustee of the estate of said bank- rupt, that a certain portion of said bankrupt's estate, to-wit: [here describe the estate or property and its estimated value'i is subject to a mortgage [describe the mortgage], or to a conditional contract [descriMng it], or to a lien [describe the origin and nature of th" lien], [or, if the property be personal property, has been pledged or deposited and -'s subject to a lien] for [describe the nature of the lien], and that it woula be for the benefit of the estate that said property should be redeemed and discharged from the lien thereon. Wherefore he prays that he may be empowered to pay out of the assets of said estate in his hands the sum of being the amount of said lien, in order to redeem said property therefrom. Dated this day of A. D. 18. .. Trustee. The foregoing petition having been duly filed and having come on for a hearing before me, of -which hearing ten days' notice was given by mall BANKEUPTCV. 221 to creditors of said bankrupt, now, after due hearing, no adverse Interest lieing represented thereat [or after hearing in favor of said petition and in opposition thereto], it Is ordered that the said trustee be authorized to pay out of the assets of the bankrupt's estate specified in the foregoing petition the sum of being the amount of the lien, in order to redeem the property therefrom. Witness my hand this day of A. D. 19. . . ••••••>■• •>>••■•*, Referee in Bankruptcy. No. 44. Petition and Order for Sale Subject to Lien. In tbe District Court of the United States for the District of In the Matter of I Bankrupt Y In Bankruptcy. I I J Respectfully represents trustee of the estate of said bank- rupt, that a certain portion of said bankrupt's estate, to-wit: [here describe the estate or property and its estimated value] is subject to a mortgage [describe mortgage], or to a conditional contract [describe it], or to a lien [describe the origin and nature of the lien], or [if the property be personal property] has been pledged or deposited and is subject to a lien for [describe the nature of the lien], and that it would be for the benefit of the said estate that said property should be sold, subject to said mortgage, lien, or other incumbrance. Wherefore he prays that he may be author- ized to make sale of said property, subject to the incumbrance thereon. Dated this day of A. D. 189. . Trustee. The foregoing petition having been duly filed and having come on for a hearing before me, of which hearing ten days' notice was given by mail to creditors of said bankrupt, now, after due hearing, no adverse interest being represented thereat [or after hearing in favor of said petition and in opposition thereto], it is ordered that the said trustee be authorized to sell the portion of the bankrupt's estate specified in the foregoing petition, by auction [or, at private sale], keep- inj; an accurate account of the property sold and the price received there- for and to whom sold; which said account he shall file at once with the referee. Witness my hand this day of A. D. 1ft. . Referee in Bankruptcy. 222 No. 45. Petition and Order for Private Sale. In the District Court of the United States for the District of In the Matter of Bankrupt . y In Bankruptcy. Respectfully represents duly appointed trustee of the estate of the aforesaid bankrupt. That for the following reasons, to-wit, it is desirable and for the best interest of the estate to sell at private sale a certain portion of the said estate, to-wit: Wherefore he prays that he may be authorized to sell the said property at private sale. Dated this day of A. D. 19. . Trustee. The foregoing petition having been duly filed and having come on for a hearing before me, of which hearing ten days' notice was given by mail to creditors of said bankrupt, now, after due hearing, no adverse interest being represented thereat [or after hearing in favor of said petition and in opposition thereto], it is ordered that the said trustee be authorized to sell the portion of the bankrupt's estate specified In the foregoing petition, at private sale, keeping an accurate account of each article sold and the price received therefor and to whom sold; which said account he shall file at once with the referee. Witness my hand this day of , A. D. 19. . . Referee in Bankruptcy. No. 46. Petition and Order for Sale of Perishable Property. In the District Court of the United States for the District of In the Matter of Bankrupt In Bankruptcy. Respectfully represents the said bankrupt, [or, a creditor, or the receiver, or the trustee of the said bankrupt's estate]. BANKEUPTCY. That a part of the said estate, to- wit 223 now in is perishable, and that there will be loss if the same is not sold immediately. Wherefore, he prays the court to order that the same be sold imme- diately as aforesaid. Dated this day of , A. D. 19. . The foregoing petition having been duly filed and having come on for a hearing before me, of which hearing ten days' notice was given by mall to the creditors of the said bankrupt, [or without notice to the creditors], now. after due hearing, no adverse Interest being represented thereat, [or after hearing in favor of said petition and in opposition thereto] I find that the facts are as above stated, and that the same Is required in the interest of the estate, and it is, therefore, ordered that the same be sold forthwith and the proceeds thereof deposited In court. Witness my hand this day of , A. D. 19. . . Referee in Bankruptcy. No. 47. Trustee's Report of Exempted Property. In the District Court of the United States for the ...... District of In the Matter of Bankrupt In Bankruptcy. At on the day of , 19. . . The following is a schedule of property designated and set apart to be retained by the bankrupt aforesaid, as his own property, under the pro- visions of the acts of Congress relating to bankruptcy. General head. Particular description. Value. Military uniform, armg and equipments Property exempted by State Dol!s. Ct». Trustee. 224 cleek's assistant. No. 48. Trustee's Beturn of no Assets. In the District Court of the United States for the District of , In the Matter of Bankrupt . In Bankruptcy. At , in said district, on the day of , A. D. 19. . . On the day aforesaid, before me comes of in the county of and State of and makes oath, and says that he, aa trustee of the estate and effects of the above-named bankrupt , neither received nor paid any moneys on account of the estate. Subscribed and sworn to before me at this day of , A. D. 19. . . Referee in Bankruptcy. BAi-KEUPTOT. 225 s o {2; s < 8 a IS 226 No. 50. Oath to rinal Account of Trustee. In the District Court of the United States for the District of In the Matter of - In Bankruptcy/. I I J On this day of , A. D. 19. ., before me comes of in the county of and State of and makes oath, and says that he Tvas, on the day of , A. D. 19. ., appointed trustee of the estate and effects of the above-named banlirupt, and that as such trustee he has conducted the settlement of the said estate. That the account hereto annexed containing sheets of paper, the first sheet whereof is marked with the letter [reference may here also be made to any prior account filed hy said trustee] Is true, and such account contains entries of every sum of money received by said trustee on ac- count of the estate and effects of the above-named bankrupt , and that the payments purporting in such account to have been made by said trustee have been so made by him. And he asks to be allowed for said payments and for commissions and expenses as charged in said accounts. Trustee. Subscribed and sworn to before me, at , in said district of this day of A. D. 19. .. [Official Character.] No. 51. Order Allowing Account and Discharging Trustee. In the District Court of the United States for the District of In the Matter of Bankrupt - In Bankruptcy. The foregoing account having been presented for allowance, and havlng^ been examined and found correct, it is ordered, that the same be allowed, and that the said trustee be discharged of his trust. Referee in Bankruptcy- BANKBUPTCY. 227 No. 52. Petition for Bemoval of Trustee. In the District Court of the United States for the District of In tlie Matter of Bankrupt fn Bankruptcy. To the Honorable Judge of the District Court for the District of : The petition of ..... one of the creditors of said banlirupt, re- spectfully represents that it is for the interest of the estate of said bank- rupt that , heretofore appointed trustee of said banlirupt's estate, should be removed from his trust, for the causes following to-wit: [here set forth the particular cause or causes for which such removal is requested.'i Wherefore pray that notice may be served upon said , trustee as aforesaid, to show cause, at such time as may be fized by the court, why an order should not be made removing him from said trust. No. 53. Notice of Petition for Bemoval of Trustee. In the District Court of the United States for the District of In the Matter of Bankrupt . At To . . on the day of t In Bankruptcy. A. D. 19... Trustee of the estate of bankrupt: You are hereby notified to appear before this court at , on the day of , A. D. 19. ., at . . o'clock . . m., to show cause (if any you have) why you should not be removed from your trust as trustee as as aforesaid, according to the prayer of the i)etition of , one of the creditors of said bankrupt, filed in this court on the day of , A. D. 19. ., in which it is alleged [here insert the allegation of the petition]. Clerk. 228 CLEEK S ASSISTANT. No. 54. Order for Bemoval of Trustee. In the District Court of the United States for the . . . District of In the Matter of Bankrupt . - In Ba/nkruptcy. Whereas of did, on the day of A. D. 19. ., present his petition to this court, praying that for the reasons therein set forth ■ the trustee of the estate of said bankrupt, might be removed: Now, therefore, upon reading the said petition of the said and the evidence submitted therewith, and upon hearing counsel on behalf of said petitioner and counsel for the trustee, and upon the evidence submitted on behalf of said trustee. It is ordered that the said be removed from the trust as trustee of the estate of said bankrupt, and that the costs of the said petitioner incidental to said petition be paid by said , trustee [or, out of the estate of the said subject to prior charges]. Witness the Honorable judge of the said court, and the seal thereof, at in said district, on the day of , A. D. 19. .. [SEAl OF THE COtTET.] CUrk. No. .55. Order for Choice of New Trustee. In the District Court of the United States for the District of In the Matter of Bankrupt 1 In Bankruptcy. At , on the day of , A. D. 19. . . Whereas by reason of the removal lor the death or resignation] of heretofore appointed trustee of the estate of said bankrupt, a vacancy exists in the office of said trustee. It is ordered, that a meeting of the creditors of said bankrupt be held at , in , in said district, on the . . day of , A. D. 19. ., for the choice of a new trustee of said estate. BANKRUPTCY. ii^y And it is further ordered tliat notice be given to said creditors of tlie time, place, and purpose of said meeting, by letter to each, to be deposited In the mail at least ten days before that day. Referee in Bankruptcy. No. 56. Certificate by Beferee to Judge. In the District Court of the United States for the District of In the Matter of Bankrupt . 1 In Bankruptcy. \ I , one of the referees of said court in banlcruptcy, do hereby certify that in the course of the proceedings in said cause before me the following question arose pertinent to the said proceedings: [Here state the question, a summary of the evidence relating thereto, and the finding and order of the referee thereon.] And the said question is certified to the judge for his opinion thereon. Dated at , the day of A. D. 19. . . Beferee in Bankruptcy. No. 57. Baniirupt's Petition for Discharge. 1 In the Matter of ] t /» Bankruptcy. Bankrupt . j , . J To the Honorable , Judge of the District Court of the United States for the District of : of , in the county of and State of in said district, respectfully represents that on the day of last past, he was duly adjudged bankrupt under the acts of Congress relating to banljruptcy; that he has duly surrendered all his property and riglits of property, and has fully complied with all the requirements of said acts and of the orders of the court touching his bankruptcy. 230 cleek's assistant. Wherefore he prays that he may be decreed by the court to have a full discharge from all debts provable against his estate under said bankrupt acts, except such debts as are excepted by law from such discharge. Dated this day of A. D. 19. . . Bankrupt. Order of Notice Thereon. District of , ««.; On this day of , A. D. 189. ., on reading the foregoing peti- tion, it is — Ordered by the court, that a hearing be had upon the same on the day of , A. D. 19. ., before said court, at , in said district, at .. o'clock in the noon; and that notice thereof be published in a newspaper printed in said district, and that all known creditors and other persons in interest may appear at the said time and place and show cause, if any they have, why the prayer of the said peti- tioner should not be granted. And it is further ordered by the court, that the clerk shall send by mail to all known creditors copies of said petition and this order, addressed to them at their places of residence p,s stated. "Witness the Honorable , judge of the said court, and the seal thereof, at in said district, on the day of , A. D. 13. .. [SEAI, OFTHE COUBT.] Clerk. hereby depose, on oath, that the foregoing order was published In the on the following days, viz.: On the day of and on the day of in the year 19. . . District of , 19... Personally appeared , and made oath that the foregoing statement by him subscribed is true. Before me. lOfflcial Characte;r.] I hereby certify that I have on this day of A. D. 19. . ., sent by mail copies of the above order, as therein directed. • ••••• f Clerk. BANEKUPTCV. 231 No. 58. Specification of Grounds of Opposition to Bankrupt's Discharge. In the District Court of the United States for the District of ., In the Matter of Bankrupt In Bankruptcy. , of in the county of and State of a party Interested in the estate of said , bankrupt, do hereby oppose the granting to him of a discharge from his debts, and for the grounds of such opposition do file the following specification: [Here specify the grounds of opposition.'] Creditor. No. 59. Discharge of Bankrupt. District Court of the United States District of Whereas of in said district, has been duly adjudged a bankrupt, under the acts of Congress relating to bankruptcy, and appears to have conformed to all the requirements of law in that behalf. it is therefore ordered by this court that said be discharged from all debts and claims which are made provable by said acts against his estate, and which existed on the day of , A. D. 19. .. 'in which day the petition for adjudication was filed him; excepting such debts as are by law excepted from the operation of a discharge iu bankruptcy. Witness the Honorable , judge of said district court, and the seal thereof this day of A. D. 19. . . [SEAL OrTHE COUBT.] Clerk. No. 60. Petition for Meeting to Consider Composition. District Court of the United States for the District of Bankrupt [n Bankruptcy. To the Honorable Judge of the District Court of the United States for the District of : The above-named bankrupt respectfully represent that a composition •of per cent, upon all unsecured debts, not entitled to a priority 232 cleek's assistant. In satisfaction of debts has been proposed by to creditors, as provided by the acts of Congress relating to bankruptcy, and verily believe that the said composition will be accepted by a majority in number and in value of creditors vrhose claims are allowed. Wherefore, he pray that a meeting of creditors may be duly called to act upon said proposal for a composition, according to the pro- visions of said acts and the rules of court. Bankrupt. No. 61. Application for Confirmation of Composition. In the District Court of the United States, for the District of 1 In the Matter of I I - In Bankruptcy. Bankrupt . To the Honorable Judge of the District Court of the United States for the .... District of At in said district, on the day of ; , A. D. 19 . . . , now comes the above-named bankrupt, and respectfully repre- sents to the court that, after he had been examined in open court [or at a meeting of his creditors] and had filed in court a schedule of his property and a list of his creditors, as required by law, he offered terms of compo- sition to his creditors, which terms have been accepted in writing by a majority in number of all creditors whose claims have been allowed, which number represents a majority in amount of such claims; that the consideration to be paid by the bankrupt to his creditors, the money neces- sary to pay all debts which have priority, and the costs of the proceedings, amounting in all to the sum of dollars, has been deposited, subject to the order of the judge, in the National Bank, of a desig- nated depository of money in bankruptcy cases. Wherefbre the said respectfully asks that the said compo- sition may be confirmed by the court Bankrupt. BANKEUPTCY. 233 No. 02. Order Confirming Composition. In the District Court of tlie United States for the Distilct or 1 In tlie Matter of | f- In Bankruptcy. I J An application for the confirmation of the composition offered by the bankrupt having been filed in court, and it appearing that the composition has been accepted by a majority in number of creditors whose claims have been allowed and of such allowed claims; and the consideration and the money required by law to be deposited, having been deposited as ordered, in such place as was designated by the judge of said court, and subject to his order; and it also appearing that it is for the best interests of the creditors; and that the bankrupt has not been guilty of any of the acts or failed to perform any of the duties which would be a bar to his discharge, and that the offer and its acceptance are in good faith and have not been made or procured by any means, promises, or acts contrary to the acts of Congress relating to bankruptcy: It is therefore hereby ordered that the said composition be, and it hereby is, confirmed. Witness the Honorable judge of said court, and the seal thereof, this day of A. D. 19. . . [SEAL OF THE COUET.] Clerk, No. 63. Order of Distribution on Composition. United States of America: In the District Court of the United States for the District of 1 In the Matter of \ y In Bankruptcy. Bankrupt . The composition offered by the above-named bankrupt in this case- having been duly confirmed by the judge of said court, it is hereby ordered and decreed that the distribution of the deposit shall be made by the clerk of the court as follows, to-wit: 1st, to pay the several claims which have priority; 2d, to pay the costs of proceedings; 3d, to pay, according to the terms of the composition, the several claims of general creditors which 234 clerk's assistant. have been allowed, and appear upon a list of aJlowed claims, on the files in this case, 'which list is made a part of this order. Witness the Honorable judge of said court, and the seal thereof, this day of , A. D. 19. . . [SEAL or THX COUBT.] Clerk. CHAPTEE XI. BANKS. State banks are formed under the laws of the various States where they intend doing business. National banks are formed under the acts of Con- gress. The collection of forms given for State banks comply with the laws of New York. In organizing national banks, the comptroller of the currency requires that printed forms, furnished by his office only, be used, and written forms will not be accepted. Therefore, it would be useless to give such forms, and anyone needing them should write to the comptroller of the currency, Washington, D. C. Many of the forms given under the title Cokporations, are applicable to banks as well as to other corporations. Before commencing business after having made and filed the certificate (Form No. 1) in the ofl[ice of the superintendent of banks and the clerk of the county where its business is to be transacted, there must be filed in the office of the clerk of the county an affidavit as to the payment in of the capital stock as provided in section 13 of the Banking Law. The superintendent there- upon examines into the affairs of the bank (Banking Law, § 12), and if it has complied with the law issues a certificate permitting it to commence business. (Banking L., § 30.) FORMS IN THIS CHAPTEE. No. Page. Certificate of incorporation of bank under New York laws 1 234 Certificate of an individual banker 2 236 Certificate of residence of individual banker, etc 3 236 Certificate of person jointly interested with private banker 4 237 Bond on relinquishing business 5 237 Power of attorney to transfer stock 6 238 Proxy 7 239 Affidavit annexed to proxy 8 239 Transfer of stock 9 239 Inspector's oath 10 240 Oath of stockholder when challenged 11 240 Oath to proxy when challenged 12 240 Affidavit as to statement of dividends • 13 240 Power of attorney to receive dividends 14 241 Proxy — National banks 15 241 No. 1. Certifi.cate of Incorporation of Bank Under New York Iolws. (Banking L., § 40.) This is to certify that we, the undersigned, all being of full age, and more than two-thirds being citizens of the United States, hereby associate ourselves into a banking corporation, pursuant to chapter 689 of the Laws of 1892, BANKS. 235 known as " The Banking Law," and amendments thereof, and do further certify : First. That the name by which such bank is to be known is Second. Its operations of discount and deposit are to be carried on in the <:itj of (town, or, village) , in the county of , New York State. Third. The amount of its capital stock shall be dollars, divided into shares, of dollars each. ( Capital stock must be not less than $25,000, in villages whose population does not exceed 2,000; $50,000, in city, village, or town, over 2,000 population, but not exceeding 30,000; and not less than $100,000 elsewhere. L. 1892, e. 689, § 40.) Fourth. The following are the names and places of residence of the stock- holders and the number of shares held bv each; Fifth. Said corporation's existence shall begin on the day of , 19 ... , and terminate on the day of , 19 . . . Sixth. Said bank shall have directors (not less than five), and the following stockholders therein shall be directorsl for the first year of its in- corporation : Names. Besidences. (The certificate sometimes contains other provisions limiting the powers of the officers, or relating to the conduct of the business of the corporation.) In witness whereof, we have hereunto severally set our hands and seals, and specified our respective residences, and the number of shares of capital stock of said corporation, taken and held by us respectively. 1 At least one director must be resident of this State. Gen. Corp. L., § 29, as am'd by L. 1901, e. 214. 236 CLEEK S ASSISTANT. (Acknowledgment in same form as a deed.) No. 2. Certificate of an Individual Banker. (Banking L., § 42.) To all to whom these presents may come, Greeting: Under and in pursuance of the requirements of the act of the legislature of the State of New York, entitled " An act to authorize the business of banking," and the several acts amendatory thereof, I, the undersigned, residing at tli& city of Schenectady, in the county of Schenectady, in the State of New York, do hereby certify that I intend to establish an office of discount, deposit, and circulation, and carry on the business of banking, under the General Banking Law of this State, as an individual banker, at the city of Schenectady, in the county of Schenectady, in the State of New York, aforesaid. That the name assumed by me as the name and title of the bank under which such business is to be conducted, is " The Morris Bank." That M. P., residing in the city of Schenectady aforesaid, is or will be interested with me as such banker in the business aforesaid; and that no other person has any interest whatever with me, either directly or indirectly, in the securities deposited, or to be deposited, by me with the superintendent, under the provisions of the act aforesaid, or in the business so to be transacted as such individual banker as aforesaid, or the benefits or advantages thereof. In testimony whereof, T have hereto set my hand, this day of , in the year 19. . . M. M. (l. s.) (Add acknowledgment as in ease of deeds.) No. 3. Certificate of Residence of Individual Banker by County Judge, County Clerk, Mayor or Supervisor, of the City or Town in Which the Bank is to be Located. (Id.) STATE OF NEW YORK, City and County of Schenectady, T, the undersigned, mayor of the city of Schenectady, county aforesaid {or,. other officer, specifying it, as the ease may be), do hereby certify that I am BANKS. 237 -well acquainted with M. M., the partj' named in, and who has executed the an- nexed certificate of his intention to establish an individual bank, and have been so acquainted with him for at least ten years last past, and that the said M. M. is now, and has been for eight years last past, an actual resident of the city of Schenectady, in said county. Dated at Schenectady, this day of , 19. . . B. B., Mayor, etc. No. 4. Certificate to be Filed by a Person Jointly Interested with an Indi- vidual Banker. (Banking L., § 65.) To all to whom these presents shall come. Greeting: I, N. N., residing in the city of Schenectady, in the county of Schenectady, and State of New York, do hereby respectively certify and acknowledge that I Jim interested with M. M., an " individual banker," conducting banking busi- ness under the " act to authorize the business of banking," and the several acts amendatory thereof, at Schenectady, in the county of Schenectady, under the name of the Morris Bank, and in the circulating notes obtained, or to be ob- tained, by the said individual banker, and in the benefits and advantages of GO 4 a -t 256 clerk's assistant. Uniform Bill of Lading Conditions. 1. No carrier or party in possession of all or any of the property herein described, shall be liable for any loss thereof, or damage thereto, by causes beyond its control; or by floods or by fire; or by quarantine; or by riots, strikes, or stoppage of labor; or by leakage, breakage, chafing, loss in weight; changes in weather, heat, frost, wet, or decay; or from any cause it it be nec- essary, or is usual to carry such property upon open cars. 2. No carrier is bound to carry said property by any particular train or vessel, or in time for any particular market, or otherwise than with as reason- able dispatch as its general business will permit. Every carrier shall have the right, in case of necessity, to forward said property by any railroad or route between the point of shipment and the point to which the rate is given. 3. No carrier shall be liable for loss or damage not occurring on its own road, or its portion of the through route, nor after said property is ready for delivery to the next carrier or to consignee. The amount of any loss or dam- age for which any carrier becomes liable shall be computed at the value of the property at the place and time of shipment, under this bill of lading, unless a lower value has been agreed upon or is determined by the classifica- tion upon which the rate is based, in either of which events such lower value shall be the maximum price to govern such computation. Claims for loss or damage must be made in writing to the agent at point of delivery promptly after arrival of the property, and if delayed for more than thirty days after the delivery of the property, or after due time for the delivery thereof, np carrier hereunder shall be liable in any event. Any carrier or party liable on account of loss of, or damage to, any of said property, shall have the full benefit of any insurance that may have been effected upon, or on account of, said property. 4. All property shall be subject to necessary cooperage and baling at owner's cost. Each carrier over whose route cotton is to be carried hereunder, shall have the privilege, at its own cost, of compressing the same for greater con- venience in handling and forwarding, and shall not be held responsible for deviation or unavoidable delays in procuring such compression. Grain in bulk consigned to a point where there is an elevator, may (unless otherwise expressly noted herein, and then, if it is not promptly unloaded), be there delivered, and placed with other grain of same kind, without respect to owner- ship, and if so delivered, shall be subject to a lien for elevator charges, in ad- dition to all other charges hereunder. No carrier shall be liable for differences in weights or for shrinkage of any grain or seed carried in bulk. 5. Property not removed by the person or party entitled to receive it within twenty-four hours after its arrival at destination, may be kept in the ear, depot, or place of delivery of the carrier, at the sole risk of the owner of said property, or may be, at the option of the carrier, removed and otherwise stored at the owner's risk and cost, and there held subject to lien for all freight and other charges. The delivering carrier may make a reasonable charge per day for the detention of any vessel or car, and for use of track after the car has been held forty-eight hours for unloading, and may add such charge to all other charges hereunder, and hold said property subject to a lien BILLS OF LABING. 257 therefor. Property destined to, or taken from a station at which there is no regularly-appointed agent, shall be entirely at risk of owner when unloaded from cars, or until loaded into cars; and when received from or delivered on private or other sidings, shall be at owner's risk until the cars are attached to, and after they are detached from, trains. 6. No carrier hereunder will carry, or be liable in any way for, any docu- ments, specie, or for any article of extraordinary value not specifically rated in the published classifications, unless a special agreement to do so, and a stipulated value of the articles are indorsed hereon. 7. Every party, whether principal or agent, shipping inflammable, explosive, or dangerous goods, without previous full written disclosure to the carrier of their nature, shall be liable for all loss or damage caused thereby, and such goods may be warehoused at owner's risk and expense, or destroyed without compensation. 8. Any alteration, addition, or erasure in this bill of lading, which shall be made without the special notation hereon, of the agent of the carrier issuing this bill of lading, shall be void. 9. If the word " order " is written hereon immediately before or after the name of the party to whose order the property is consigned (with- out any condition or limitation other than the name of a party to be notified of the arrival of the property), the surrender of this bill of lading, properly indorsed, shall be required before the delivery of the 5* property at destination. If any other than the aforesaid form of con- g signment is used herein, the said property may, at the option of the car- h rier, be delivered without requiring the production or surrender of this h bill of lading. H 10. Owner or consignee shall pay freight at the rate herein stated, and all other charges accruing on said property before delivery, and according to weights as ascertained by any carrier hereunder; and if upon inspection it is ascertained that the articles shipped are not those described in this bill of lading, the freight charges must be paid upon the articles actually shipped, and at the rates and under the rules pro- vided for by published classifications. 11. If all or any part of said property is carried by water over any part of said route, such water carriage shall be performed subject to the conditions, whether printed or written, contained in this bill of lading, including the condition that no carrier or party shall be liable for any loss or damage re- sulting from the perils of the lakes, sea, or other waters; or from explosion, bursting of boilers, breakage of shafts, or any latent defect in hull, machinery, or appurtenances; or from collision, stranding, or other accidents of naviga- tion; or from the prolongation of the voyage. And any vessel carrying any or all of the property herein described, shall have liberty to call at inter- mediate ports, to tow and be towed, and to assist vessels in distress, and to deviate for the purpose of saving life or property. And any carrier by water, liable on account of loss of or damage to any of said property, shall have the full benefit of any insurance that may have been effected upon, or on ac- count of said property. " 17 258 cleek's assistant. Shipping Order. — To be Filed by the Agent. RAILROAD COMPANY. (The shipper may elect to accept the conditions printed on the back hereof and as contained in the Bill of Lading of which this Shipping Order is a part, or may. as provided below, require the carriage of property at " Carrier's Risk, "j Receive, carry and deliver the articles described below, in accordance with the classification in effect at the date of this nrder and subject to the conditioos of the Bill of Lading of which this shipping Order is a part. (For Carrier's Liability see note below.) .Station Marks. Consignee , Plice, . Cou ty, State, Route, DescriptloD of Articles. Weight. Subject to Correction. Charges Advanced, $ Car No. Prepay, J. , Shipper. NoTK. — Unless otherwise provided in the classification, property will be carried at the tariff rates, if shipped subject to the conditions of the Uniform Bill of Lading. If the shipper elects not to ace pt th" said tariff rates and conditiuns. he should so notify the Agent of the receivincr carrier at the time his property is offered for ship- ment, and if he does not give such notice it will be anaerstood that he desires his property carried subject to the Uniform Bill of Lading conditions in order to secure the reduced class rates thereon . Pr iperty carried not subject to t' e conditions ' f the Uniform Bill of Lading will be at the carrier's liability, limited only as provided bv Oommnn Law and by the Laws of the United States and of the several tates. in so f ir as they apply. Pro_perty thus carried will be charged twt- nty per c-rt . higher (subject to a minimum mcrease of one cent per one hundred pounds) than if shipped subject to the conditions of the Uniform Bill of Lading, and the cost of Marine Insurance will be added over any part of the route that may be by water S-.B-5-H 2 s> a sr B B O fS" EJ.'O a*Mk 5s32 ac gi B qJ CD e*- a£»3 "cm" I'l f ob;°o &»* Ss. - ogSI O CO ... < !=« 2 ff 2 BILLS OF SALE. 259 CHAPTEE XIV. BILLS OF SALE. A BlLt or SAt,E is a written contract, which passes an interest or title in goods and chattels. If fraudulent, it is void as against third persons. A promise to give or deliver chattels without consideration, and without a tech- nical delivery, does not alter the title to the property, but a bill of sale prop- erly executed will. FORMS IN THIS CHAPTER. No. Page. Bill of sale 1 259 Bill of sale of registered vessel 2 260 Bill of sale of enrolled vessel 3 -^ei No. 1. Bill of Sale. Know all men by these presents, that , of the first part, for and in consideration of the sum of , lawful money of the United States, to in hand paid, at or before the ensealing and delivery of these presents by , of the second part, the receipt whereof is hereby ac- knowledged, ha . . . bargained and sold, and by these presents do grant and convey, unto the said part ... of the second part, executors, ad- ministrators, and assigns (description of property; or if detailed description is contained in schedule annexed, say, the goods and chattels particularly de- scribed in a schedule hereunto annexed and made a part of this instrument ) , to have and to hold the same unto the said part ... of the second part, executors, administrators, and assigns forever. And , do . . . for heirs, executors, and administrators, covenant and agree, to and with the said part. . . of the second part, to warrant and defend the sale of the said property hereby sold unto the said part. . . of the second part, executors, administrators, and assigns, against all and every person and persons whomsoever. In witness whereof, have hereunto set hand . . . and seal . . . the day of , in the year one thousand nine hundred and Sealed and delivered in the presence of STATE OF NEW YORK, ) ^^ . County of , ) On this day of , in the year one thousand nine hundred and , before me, the subscriber, personally came , to me known to be the person. . . described in, and who executed the within instru- ment, and acknowledged that . .he. . executed the game. 260 cleek's assistant. No. 2. Bill of Sale of a Beglatered Vessel. To all people to whom this present bill of sale shall come, send Greeting: Know ye, that , the said , for and in consideration of , to in hand well and truly paid, at or before the en- sealing and delivery of these presents, by (the receipt whereof do . . hereby acknowledge, and therewith fully and en- tirely satisfied and contented), have granted, bargained, and sold, and by these presents do grant, bargain, and sell, unto the said , all the hull or body of the good , together with all and singular her , now lying at , and , at the port of , the certificate of whose registry is as follows, viz.: In pursuance of an act of the Congress of the United States of America, entitled " An act concerning the registering and recording of ships or vessels," having taken and subscribed the required by the said act ; and having that only owners of the ship or vessel called the , of , whereof is at present mas- ter, and is a citizen of the United States; , and that the said ship or vessel was And having certified that the said ship or vessel has deck. . ., and mast. . . ; , and that her length is , her breadth, , her depth, , and that she measures tons ; that she is , has , and head ; and the said .... . . . . , having agreed to the descrip- tion and admeasurement above specified, and sufficient security having been given, according to the said act, the said has been duly registered at the port of Given under hand. . . and seal. . ., at the port of , this day of , in the year 19 . . . To have and to hold the said granted and bargained , and prem- ises, with all the appurtenances, unto the said , heirs, executors, administrators, or assigns, to only proper use, benefit, and be- hoof forever. And , the said , do . . . avouch to be the true and lawful owner ... of the said , and her appur- tenances, and have in full power, good right, and lawful authority, to dispose of the said , and her appurtenances in manner as afore- said. And, furthermore, , the said , do . . . hereby cove- nant and agree to warrant and defend the said and appurtenances, against the lawful claims and demands of all persons whatsoever, unto , the said In witness whereof, , the said , ha. . . hereunto set hand. . . and seal. . ., the day of , in the year of our Lord, 19 . . . Signed, sealed, and delivered in presence of us ( Acknowledgment. ) BILLS OF SALE. 261 No. 3. Bin of Sale of an Enrolled Vessel. To all people to whom this present bill of sale shall come, send Greeting: Know ye, that , the said , for and in consideration of , to in hand well and truly paid, at or before the en- sealing and delivery of these presents, by (the receipt whereof do hereby acknowledge, and therewith fully and en tirely satisfied and contented), have granted, bargained, and sold, and by these presents do grant, bargain, and sell unto the said , all the hull or body of the good , together with all and singular, her , now lying at , and , at the port of , the cer- tificate of whose enrollment is as follows, viz.: No Enrollment in conformity to an act of the Congress of the United States of America, entitled " An act for enrolling and licensing ships or ves- sels to be employed in the coasting trade and fisheries, and for regulating the same." , having taken or subscribed the required by the said act, and having that citizen of the United States, sole owner of the ship or vessel called the , of , whereof is present master ; and as he hath is a citizen of the United States, and that the said ship or vessel was , and having certified that the said ship or vessel has deck . . . , and mast . . . , , and that her length is , her breadth, , her depth, , and that she measures tons ; that she is , has , and head ; and the said , having agreed to the description and admeasure- ment above specified, and suflScient security having been given, according to the said act, the said has been duly enrolled at the port of Given under hand . . . and seal . . . , at the port of , this day of , in the year 19 . . . To have and to hold the said granted and bargained and prem- ises, with the appurtenances, unto the said , heirs, executors, ad- ministrators, or assigns, to only proper use, benefit, and behoof forever. And , the said , do avouch to be the true and lawful owner ... of the said and her appurtenances, and have in full power, good right, and lawful authority to dis- pose of the said , and her appurtenances, in manner as aforesaid. And, furthermore, , the said , do . . . hereby covenant and agree to warrant and defend the said and appurtenances, against the lavrful claims and demands of all persons whatsoever, unto , the said In witness whereof, , the said , ha . . . hereunto set hand . . . and seal . . . , the day of , in the year of our Lord, 19. . . Signed, sealed, and delivered, etc. ( Acknowledgment. ) 262 cleek's assistant. CHAPTEE XV. BOAEDS OF HEALTH. In New York, the statutory provisions of the law relating to public health are contained in chapter 25 of the General Laws, having been codified in 1893 (L. 1893, c. 661), and the several amendments since made. The power of boards of health to order nuisances abated is not a judicial one, as a general rule. The fact that such a board declares a thing to be a nuisance, even after notice and hearing, is not conclusive upon the person who is responsible for the object or condition of affairs of which complaint is made. If the board proceeds summarily to abate an alleged nuisance, the person ag- grieved is still entitled to a judicial inquiry as to whether or not it was a nuisance. Upon such an inquiry, the board, and usually those who actually performed the work, pursuant to the board's direction, must justify them- selves by showing that the thing or condition was in fact a nuisance. If they do this, they will be held harmless; but failing, they will be held responsible for the damages caused by their acts. It is the safest way, therefore, in all cases of a doubtful nature, to proceed in some way so that the question of whether or not the thing or condition complained of is a nuisance, may be judicially determined before any serious damage is done. The following forms are applicable under the New York statute: FORMS IN THIS CHAPTER. No. Page. Birth return 1 262 Birth return, Indorsement on back 2 263 Certificate of marriage , 3 263 Certificate of marriage, indorsement on back 4 264 Certificate of death 5 265 Certificate of death, indorsement on back 6 269 Burial permit 7 2H« Burial permit, indorsement on back 8 267 Special coupon for city transit, when required 9 267 Id., back of coupon 10 268 Return of still-birth 11 269 Complaint of nuisance 12 270 Complaint of nuisance by board of health 13 270 Notice to abate nuisance 14 271 Notice of hearing before board 15 271 Notice of imposition of penalty 16 271 No. 1. Birth Beturn. (Public Health Law, f 22.) State of New Yobk. County of Albany. In the Town ( Village), City of Registered No. 1. Name of child, James Doe. (In full, when possible.) 2. Sex, M. Color or race, if other than the white, Data of birth, ,19... 3. Place of birth, New Salem. (If city, give name, street, and number; if not, give township [village], and county.) BOAEDS OF HEALTH. 263 4. Name of father, Thomas Doe. (If out of wedlock and name not given, write 0. W.) 5. Maiden and full name of mother, Margaret Roe. 6. Birthplace (or, country) of father, U. S. Age, 35. Occupation, farmer. 7. Birthplace [or, country) of mother, U. S. Age, 23. 8. Number of this mother's previous children, one. How many of them now living, one. 6. Name and address of medical attend- "j Attest, John Smith, M. D., ant or other authorized person, in > own handwriting. ) Naw Salem. 10. Date of this return, , 19 . . . No. 2. Indorsement on Back of Certificate. (Id.) By whom, D. Smith. Name of child in full, James Doe. When born 19 . . . Parents' names (mother), Margaret Roe, (father), Thomas Doe. (If the "given ' name is not reported, it should be certified as soon as the child receives its full name. The proper forms [blanks] for attesting and re- turning the delayed "given" name can be obtained as directed below.) Note. — Birth returns and all blanks are to be procured of town, village, and city boards of health, for the registry of births, marriages, and deaths. This certificate is to be sent to the local board of health within thirty days from the date of birth. (Size of blank, 7% by 5 inches.) No. 3. Certificate of ^Carriage. (Id.) In the Town (Village), City of , County of Albany. State of New York. This is to certify, that John Doe and Margaret Roe were joined in marriage in our presence, in accordance with the laws of the State of New York, on this day of 19 ... at New Salem, N. Y. Witnesses to the marriage : 1 Attest, William Brown, James Henby, v Official station, pastor Presbyterian Church, Thomas Ames, ) Residence, New Salem, N. Y. (This return of marriage should be made to, and registered by, the author- ities specified by law.) This certificate is to be sent to the local board of health within thirty days from the date of marriage. 264 clerk's assistant. No. 4. Indorsement on Back of Certificate. (Id.) The Bureau of Vital Btatistics. State of New York. Registered Ko. In the Town (Village), City of , County of Albany. 1. Full name of groom, John Doe. 2. Place of residence. New Salem, N. Y. 3. Age next birthday, 31 yeara, 4 5. Occupation, carpenter. 6. Place of birth, Albany, U. S. 7. Father's name, Richard Doe. 8. Mother's maiden name, Jane Evans. 9. Number of groom's marriage, first. 10. Full name of bride, Margaret Roe. Maiden name, if a widow, 11. Place of residence. New Salem, N. Y. 12. Age next birthday, 19 years, 13 14. Place of birth. New Salem, N. Y. 15. Father's name, Thomas Roe. 16. Mother's maiden name, Margaret Brown. 17. Number of bride's marriage, first. N. B. — At Nos. 4 and 13: if of other than the white race, specify it. At Nos. 9 and 17, state whether first, second, third, etc., marriage of each. The signatures below of bride and groom, should be written out in full for the " given ■' and family names. Dated at New Salem, N. Y., , 19. . . We, the groom and bride named in the above certificate, hereby certify, that the information given is correct, to the best of our knowledge and belief. John Doe (Qroom), Maboabet Roe (Bride). Signed in presence of Jambs Henby, and Thomas Ames. (Size of blai^, 9% by 4% inches.) BOARDS OF HEALTH. 265 County of Albany. No. 5. Certificate of Death. (Id.) State op New York. No of correRpondiaa^ Entry lu Register Boot of Deaths to be insf rted here by the Register. r '■ I 2. 3. 4. 5. ■< . '^ J >H ■ O In the Town (Village, or, City) of New Scotland. Full name of deceased (if an infant not named, give parents' name), John Doe. Age, 30 years, 5 months, 10 days. Sex, M. Color (race, if other than the white), Single, married, widowed ( cross out words not required in this line ) . Occupation, laborer. Birthplace ( and State or country ) , England. ( How long in the United States, if of foreign birth), 20 years. Father's name and birthplace, Richard Doe. (State or country), England. Mother's name and birthplace, Mary Roe. (State or country), England. Place of death (if an institution, state its name). New Salem. (How long resident here), 15 years. (If dying away from home, give home residence below.) 19. 9. Date and hour of death : Died on the day of at about 10 a. m. 10. I hereby report this death, and certify that the foregoing statements are true, according to the best of my knowledge. (Signature and residence of reporter.) John Smith, 11. I hereby certify, that I attended the deceased from , 19. ., to , 19 . . ; that I last saw him , 19 . . ; that he died on the day of , 19. ., about 10 o'clock, A. M., and that to the best of my knowledge and belief, the cause of his death was as hereunder written: Duration of Disease in Cause or Causes of Death.' Years, Months, Days, or Hours.' Chief and determining, phthisis 5 6 ... Consecutive and contributing, hemorrhage 1 Instructions. — Under " cause or causes of death " insert remote, imme- diate, and concurring causes. For in- stance insert " measles and pneumonia," or " diflBcult labor, peritonitis, and sep- tieaemfa," or "scarlet fever," nephritis, dropsy, and coma," in cases presenting these phenomena. ' The duration of each disease, when given, Is recljoned from its commence- ment until death. ^^ If the true cause of death is not certainly known, insert names of symp- toms with a cross, thus; " Convulsions and coma X; paralysis of the heart X," etc. The undertaker should secure the com plete ailing out of the first portioii of "266 clbek's assistant. Witness my hand, this day of , 19 . . . (Signature.) James Brown, M. D., Residence, New Salem. Number of burial permit, 29. Place of burial, Protestant Cemetery. Date of burial, , 19 . . . Name and residence of undertaker, Thomas Jones. No. 6. Indorsement on Back of Certificate!. (Id.) From William Wilson, town clerk. Name of deceased, John Doe. Date of death, January 15, 19. . . In the town (village), city of New Scotland, county of Albany. Name and P. 0. address of person who gave the permit of burial, Thomas Addis, J. P. Note. — Certificates of death and all blanks are to be procured of city, vil- lage, and town boards of health, as provided by the law for the registry of marriages, births and deaths. m^" This certificate, when filled out, is to be registered withoiit delay, and forwarded to the State Bureau of Vital Statistics, Albany, on or before the 15th of the next month. (Size of blank, 8 1-16 by 7 3-16 inches.) No. 7. Burial Permit. (Id., § 23.) State or New York. In the Town? CVillage) , City of 'New Scotland, County of Alhany. New Salem, (Dated) , 19. . . The certificate of death having been furnished to me, as required by the laws of this State, permission is hereby given for the burial of John Doe, age 20, who died at (city, or, township). New Salem, New Scotland, in the county of Albany, on , 19. ., the cause of death being pneumonia. Place of burial, Protestant Cemetery. Undertaker or person ) Thomas Jones, ) (Signed by) George Brown, in charge of burial, ) > Residence, New Salem. ) (Official title), nealth Officer. this certificate by the head of the ' Village and city to be crossed out, family, or other responsible friend, and New Scotland being a town, should then obtain the medical eertlfl- f-ate frim the attending physician. BOARDS OF HEALTH. 267 No. 8. Indorsement on the Back of Permit. (Id.) Name of deceased, John Doe. Date of death, 19.. . Cause of death, pneumonia. In the town (village), city of New Scotland, county of Albany. Note. — This permit is only to be issued for a burial within the county where the death takes place, and is to be kept by the cemetery keeper where the body is buried. It is to be issued on the filing of a death certificate, cer- tified to as required by section 23 of chapter 661, Laws of 1893. Note. — Burial permits and all blanks are to be procured of town and vil- lage clerks and boards of health, for the registry of births, marriages, deaths, a.nd burials. (Size of blank, 7% by 3% inches.) No. 9. Special Coupon for City Transit when Required. (Id.) (See back of this coupon.) Special coupon No. 3 to transit permit No. 15, of the body of Richard Roe, who died at New Salem, N. Y., and is to be buried at Newtown. Permit issued (date) , 19 . . . , at New Salem, Albany county, N. Y., for transit through the city of New York. (Signed), Thomas Addis, ( Official title ) , Justice of the Peace. Before this body leaves the city of New York, through which it is in transit, the ferry or bridge master or transport agent will tear off this coupon and tend it to the health department of the city, as its regulations may require. State of New Yobk. Transit Permit. (For Public Carriers.) R. R. Agents, \ In the Town (Village), City of And All Other Carriers, !• Hew Scotland, County of Albany, See Back of Permit. ) , 19 . . . Permission is hereby given to remove the remains of Richard Roe, age 50 years, who died at (city, or township, and county). New Salem, Albany county, on the day of , 19 . . ., the cause of death being pneu- 268 monia, and a transit permit being asked for burial at Newtown, in the State of New York. (Signed by) Thomas Addis, (OflScial title.) Justice of the Peace, (P. 0. address.) New Salem, N. Y. Name of undertaker or person in charge \ of the transit. [• Thomas Jones. ) (Size of blank, 13% by 4 inches.) |]^~ This permit must in all cases accompany the body to its destination. Coupon No. 2, to transit permit of (name) Richard Roe, who died at New Salem. Before this bodv leaves , the carrier or transportation agent will tear off this coupon. If otherwise detached from the permit, the coupon must not be received. (See back of permit.) Coupon No. 1, to transit permit of (name) Richard Roe, who died at New Salem. Before this body leaves , the carrier or transportation agent will tear off and keep this coupon. If otherwise detached from the permit, the coupon must not be received. (See back of permit.) No. 10. Back of Special Coupon. (Id.) When a body from another State or city is in transit for burial, besides the transport coupon, some cities, like New York, require that the ferry or trans- port agent should tear off and return a coupon to their health department, in order that it may have a, record. This special coupon is in such cases to be given to the ferry or bridge master, or transport agent. We, therefore, add to the usual coupons 1 and 2, this special No. 3, for such use, when required. When not needed, this coupon should not be given out or should not be signed by the officer issuing the permit. (Back of Transit Permit.) Transit Permit. Issued in the Town (Village), City of New Salem, County of Albany. Issued by Thomas Addis, J. P. To whom issued, Thomas Jones. Name of deceased, Richard Roe. Date of Death, 19.. . Name of person or carrier in charge, James Roe. Date of transit, , 19 . . . ■Railroad and steamboat agents, ferry-masters, and all carriers that convey the remains over the limits of the county where the death occurred. BOARDS OF HEALTH. 269 will retain one of the coupons hereto attached, and deliver the body only to the persons holding this permit. The name of the deceased must appear on the coupons, which will be returnable to the city or place through or out of which the body is first conveyed, or to such authority as may be directed by the per- son who issued the permit. The first coupon should be taken by the carrier who transports the body from the county where the death occurred; and the second should be taken by carrier or agent of transportation upon the route beyond said county, and it may be so taken at either terminus of the distance over which the second stage of transportation extends, as the local sanitary regulations may require; but whoever detaches and takes said second coupon, must write across the back of the permit, as well as upon the second coupon itself : Second coupon taken at ( insert name of place, or station ) , by ( insert name and title of person). Such an indorsement will answer instead of further coupons, wherever the body is conveyed, and the permit is to be surrendered at the place of burial. It, as well as every coupon, should be preserved. Second coupon taken at , by (Back of Second Coupon.) Second ( Taken at Coupon ) by (This is filled by the baggage master.) No. 11. Return of a Still-Birth. (Id., § 22.) Blanks for still-births are provided. These are not forwarded for registra- tion in the State records, and are not generally entered in the local register, but are filed by the registrar of the local board for reference, if needed. The law requiring a permit to bury to be issued only on the filing a certificate of death, the use of these blanks becomes necessary. The following is the form: N. B. — No remains of the dead-born should be interred, or disposed of in any other manner, without » permit therefor having been obtained from this bureau, such permit to be granted upon the presentation of the proper eer- tifleatc. In the Town of New Scotland, County of Albany, N. Y. : The death of an infant that has breathed must not be returned as a still- birth; such deaths should be certified in the usual manner, after returning the birth record. Name of mother, Jane Smith. Name of father, Thomas Brown. Place of birth. New Salem. Residence of mother. New Salem. 270 cleek's assistant. Period of ntero-gfistation, full term. Date of this birth, , 19.. . Sex, F. Color, W. Nativity of mother, U. S. Of father, Scotland. Cause of dead-birth (if known), unknown. Residence of medical attendant, New Salem. Signature of person making this return, Thomas Brown. Residence of person making this return. New Salem. Date, , 19. .. Undertaker, Thomas Jones. Place of burial, Protestant Cemetery. (Size of blank, 6 1-16 by iV* inches.) No. 12. Complaint of a Nuisance. (Id., § 25.) Village (or, Town) of New Scotland, ss.: To the Board of Hfealth of said town: Take notice, that there is, upon the premises owned by John Doe, of New Salem, at his store, on Main ( street, or, road ) , a certain privy vault, and I hereby complain of the same as a nuisance. Dated at New Salem, N. Y., this day of , 19 . . . Richard Roe, Complainant. No. 13. Board of Health — Complaint of Nuisance. (Indorsement on the back of this complaint.) (Id.) Richard Roe, complainant. Privy vault at Main street (or, road). To the Board of Health of New Scotland: I certify that on the day of , 19. . ., I received the within complaint, and that on the day of , 19. . ., I examined the premises complained of, and found a privy vault full, and allowing the escape of its contents upon the ground. Dated, this , 19 . . . J. Jones, Health Officer. G. Brown, Secretary. Filed , 19... (Size of blank, 814 by 3% inches.) BOAKDS OF HEALTH. 271 No. 14. ITotice to Abate Nuisance. (Id., §26.) Town of New Scotland, N. Y., : . . ., 19. . . To John Doe: You are hereby required within three days to abate a nuisance on your premises on Main street, in New Salem, viz.: a privy vault, or the same will be done and the expense thereof collected from you, together with the penalty of neglect in relation thereto. By order of board of health of the town of New Scotland. J. Jones, Health Officer. (Size of blank, 81/2 by 3V2 inches.) No. 15. ITotice for a Hearing Before this Board. (Id.) Board or Health of the Town or New Scotland. ( In the case of the complaint and order concerning a privy vault complained of as a nuisance or menace to health. ) To John Doe: You are hereby notified that a hearing concerning the matter above referred to, will be given by this board of health on Tuesday, the day of 19..., at Smith's Hotel, New Salem, at which hearing you are cited to ap- pear, to show cause why the said vault should not be condemned as a nui- sance, of danger to the public health, and the board of health abate the said nuisance, as provided for in chapter 661, Laws of 1893. Dated, at New Salem, , 19 . . . By order of the Board, G. Bbown, Secretary. (Size of blank, 5V^ by 8% inches.) No. 16. Kotice of the Imposition of a Penalty. (Id.) Boabd of Health of Town of New Scotland. (In the ease of the complaint and order concerning a privy vault found to be nuisance or menace to health.) To John Doe: The fact appears upon the record of this legally constituted board of health, of the town of New Scotland, that after complaint of a nuisance upon your premises had been duly filed in the oflice of this board, and an order and notice for its abatement and prevention had been duly served upon you, and a hear- 272 cleek's assistant. ing had before said board, notice of which to you was duly made, and now further the fact is duly reported to this board that said order and notice have not been complied with by you. Therefore, take notice, that this board of health has, on the day of , 19 ... , imposed upon you a penalty of $50, in accordance with au- thority given to the board, under the laws of this State, for your failure to comply with the board's said order and regulation. This penalty is required to be immediately paid to the treasurer of the town of New Scotland, and if not so paid, it will be collected as provided for in chapter 661 of the Laws of 1893. Dated at New Salem, N. Y., 19. . . G. Brown, Secretary. (Size of blank, 8% by 5% inches.) CHAPTER XVT. BONDS. An obligation ob bond is a deed whereby the obligor obligates himself, his heirs, executors, and administrators, to pay a certain sum of money to an- other, at a day appointed. If this be all, the bond is called a single bond. But there is generally a condition added, and if the obligor does some particular act, the obligation shall be void, or else shall remain in full force. The word " bond " imports a sealed instrument. The parties to a bond are the obligor and the obligee. No particular set of words are essential to create an obliga- tion, but any words which declare the intention of the parties, and denote that one is bound to the other will be sufficient. The condition is either for the payment of money, or for the performance of something else. In the latter case, if the condition be against some rule of law merely, positively impossible at the time of making it, uncertain or insensible, the condition alone is void, and the bond shall stand single and un- conditional, for it is the folly of the obligor to enter into such an obligation from which he can never be released. If it be to do a thing wrong in itself, the obligation itself is void, the whole contract being unlawful. When, by the condition of an obligation, the act to be done to the obligee is of its own nature transitory, as payment of money, delivery of goods, or the like, and no time is limited, it ought to be performed in a convenient time. If the condition be to do a. thing within » certain time, it may be performed the last day of the time appointed. A payment before the day is good. If the condition be to do a thing within a certain time, it may be performed the last day of the time appointed. If the condition be to do an act, without limiting any time, he who has the benefit may do it at what time he pleases. When the place where the act to be performed is agreed upon, the party who is to per- form it is not obliged to seek the opposite party elsewhere ; nor is he to whom it is to be performed bound to accept of the performance in another place. Single bonds, usually, take the form of notes, and their difference from a note is. that they are not barred by the Statute of Limitations. They are somc'iiDc-i ciilled penal bills. A bottoiiiiji bond is in the nature of a mortgage of a ship, when the owner takes up money to enable him to carry on his voyage, and pledges the keel, or bottom of the ship (in the name of the whole), as a security for the re- payment. In which it is understood that if the ship be lost, the lender loses BONDS. 273 also his whole money; but, if it returns in safety, then he shall receive back his principal, and also the premium, or interest agreed upon, however it may exceed the legal rate or interest. A respondentia is a contract of a similar kind, by which the goods, and not the vessel, are pledged. It binds the person of the borrower, and is valid even though ship and merchandise be lost. A bond in a penal sum, executed within or without the State, and contain- ing a condition to the effect, that it is to be void, upon performance of any act, has the same effect, for the purpose of maintaining an action or special proceeding, or two or more successive actions or special proceedings, there- upon, as if it contained a covenant to pay the sum, or to perform the act, specified in the condition thereof. But the damages to be recovered for a breach, or successive breaches, of the condition, cannot, in the aggregate, ex- ceed the penal sum, except where the condition is for the payment of money; in which case, they cannot exceed the penal sum, with interest thereupon, from the time when the defendant made default in the performance of the condi- tion. (N. Y. Code Civ. Pro., § 1915.) FORMS IN THIS CHAPTER. No. Page. Penal bond 1 273 Penal bond — Another form 2 274 Bond 3 274 Bond — Blank conditions 4 274 Bond — Insurance clause — Short form 5 275 Bond — Insurance clause 6 275 Bond — Interest and tax clauses — Short form 7 276 Bond — Interest clause 8 276 Bond — Interest and Insurance clauses 9 277 Bond — Interest, Insurance, .ind tax clauses — Short form 10 278 Bond — Interest, insurance, tax, water-rate, and assessment clauses .. 11 279 Bond for payment of money at different times ._ 12 280 Bond to execute a conveyance 13 280 Bond to refund a legacy in certain events 14 281 Bond of indemnity to surety in a bond 15 281 Bond of indemnity on paying lost note 16 282 Bond of indemnity to sheriff as constable 17 282 Bond for performance of contract 18 283 Bottomry bond 19 283 Respondentia bond 20 284 Bond of treasurer of company, etc 21 286 Constable's bond 22 286 Receiver's bond 23 287 Bond of libellant 24 288 No. 1. Penal Bond. Know all men by these presents, that I, A. B., do acknowledge myself to owe and be indebted unto C. D., in the sum of $100, lawful money of the United States, to be paid to the said C. D., his ex'ecutors, administrators, or assigns, upon the day of , next ensuing the date hereof ; to which pay ment, well and truly to be made, 1 bind myself, my heirs, executors, and ad- ministrators, firmly by these presents. In witness whereof, I have hereunto set my hand and seal, the day of , 19... (Acknowledgment.) A. B. (l. s.) 18 27-i clerk's assistant. No. 2. Penal Bond — Another Form. This bill binds me, A. B., of , in the sum of $400, to be paid unto C. D., his executors, administrators, or assigns, on or before the day of whicli will be in the year 19. . ., together with lawful interest for the same; for the true payment whereof I do bind myself, my heirs, execu- tors, and administrators, unto the said C. D., his executors, administrators,^ and assigns, in the penal sum of $800. In witness whereof, I have hereunto set my hand and seal this day of' , 19... ( Acknowledgment. ) No. 3. Bond. Know all men by these presents, that held and firmly bound unto , in the sum of dollars, to be paid to the said or to certain attorney, executors, administrators, or assigns, For which payment, well and truly to be made, bind an;l heirs, executors or administrators, jointly and severally, firmly by these prepents. Sealed this day of , in the year of our Lord, 19. . . The condition of this obligation is such, that if the above bounden heirs, executors, or administrators, shall do well and truly pay or cause to lie paid unto the above-named , certain attorney, executors, ad- ministrators, or assigns, the sum of , without fraud or delay, then the preceding obligation to be void, otherwise to remain in full force and virtue. Sealed and delivered in the presence of ( Acknowledgment clause. ) No. 4. Bond — Blank Conditions. Know all men by these presents, that , held and firmly bound unto , in the sum of dollars, to be paid to the said or to certain attorney, executors, administrators, or assigns. For which payment, well and truly to be made, bind and heirs, executors, and administrators, jointly and severally, firmly by these presents. Sealed this day of in the year of our Lord, 19. . . The condition of this obligation is such, that Scaled and delivered in the presence of ( Acknowledgment clause. ) BONDS. 275 No. 5. Bond — Insurance Clause — Short Form. Know all men by these presents, that held and firmly bound unto , in the sum of dollars, to be paid to the said or to certain attorney, executors, administrators, or assigns. For which payment, well and truly to be made, bind , and heirs, executors, or administrators, jointly and severally, firmly by these presents. Sealed this day of , 19 . . . The condition of this obligation is such, that if the above bounden , heirs, executors, or administrators, shall and do well and truly pay, or cause to be paid, unto the above-named , certain attorney, executors, administrators, or assigns, the sum of , according to the terms of a mortgage by the part ... of the first part to the part ... of the second part, bearing even date herewith, without fraud or delay, then the preceding obli' gation to be void : otherwise to remain in full force and virtue. And the said part... of the first part covenants with the part... of the second part, as follows: First. That the part ... of the first part will keep the buildings on the said premises insured against loss by fire for the benefit of the mortgagee, in the sum of at least $ In the presence of ( Acknowledgment clause. ) No. 6. Bond — Insurance Clause. Know all men by these presents, that held and firmly bound unto , in the sum of dollars, to be paid to the said or to , certain attorney, executors, administrators, or assigns. For which payment, well and truly to be made, bind and heirs, executors, or administrators, jointly and severally, firmly by these presents. Sealed this day of , 19 . . . The condition of this obligation is such, that if the above-bounden , heirs, executors, or administrators, shall and do well and truly pay, or caust to be paid, unto the above-named , certain attorney, executors. administrators, or assigns, the sum of , without fraud or delay, then the preceding obligation to be void; otherwise to remain in full force and virtue. And it is also agreed, by the said obligor, that will keep thf buildings erected, and to be erected, upon the lands described in the mort- gage accompanying tbia bond, insured against loss and damage by fire, by 276 clerk's assistant. solvent insurers, and in an amount of at least $ , and assign the policy and certificate thereof to the said obligee, and in default thereof, it shall be lawful for the said obligee to effect such insurance, and the premium and premiums paid for effecting the same shall be a lien on the said mortgaged premises, added to the amount secured by these presents, and payable on demand, with interest at the rate of per cent, per annum. Sealed and delivered in the presence of (Acknowledgment clause.) No. 7. Bond — Interest and Tax Clauses — Short Form. Know all men by these presents, that held and firmly bound unto in the sum of dollars, to be paid to the said or to certain attorney, executors, administrators, or assigns. For which payment, well and truly to be made, bind and heirs, executors, or administrators, jointly and severally, firmly by these presents. Sealed this day of , 19 . . . The condition of this obligation is such, that if the above-bounden , heirs, executors, or administrators, shall and do well and truly pay, or cause to be paid, unto the above-named , certain attorney, executors, administrators, or assigns, the sum of , according to the terms of a mortgage by the part. . . of the first part to the part. . . of the second part, bearing even date herewith, without fraud or delay, then the preceding obli- gation to be void; otherwise to remain in full force and virtue. First. And it is hereby expressly agreed, that the whole of said principal sum shall become due at the option of the said part. . . of the second part after default in the payment of interest for days, or after default in the payment of any tax or assessment for days, after notice and demand. In presence of (Acknowledgment clause.) No. 8. Bond — Interest Clause. Know all men by these presents, that held and firmly bound unto , in the sum of dollars, lawful money of the United States, to be paid to the said , or to certain attorney, executors, administrators, or assigns. For which payment, well and truly to be made, bind and heirs, executors, or administrators, jointly and severally, firmly by these presents. Sealed this day of , 19. . . The condition of this obligation is such, that if the above-bounden » BONDS. 277 heirs, executors, or administrators, shall well and truly pay, or cause to be paid, unto the above-named , certain attorney, executors, admin- istrators, or assigns, the just and full sum of , without fraud or delay, then the preceding obligation to be void; otherwise to remain in full force and virtue. And it is hereby expressly agreed, that should any default be made in the payment of the said interest, or any part thereof, on any day whereon the same is made payable, as above expressed, and should the same remain unpaid and in arrear for the space of days, then and from thenceforth, that is to say, after the lapse of the said days, the aforesaid prin- cipal sura of , with all arrearage of interest thereon, shall, at the option of the said , or legal representatives, become and be due and payable immediately thereafter, although the period first above limited for the payment thereof may not then have expired, anything herein- before contained to the contrary thereof in anywise notwithstanding. Sealed and delivered in the presence of { Acknowledgment clause. ) No. 9. Bond — Interest and Insurance Clauses. Know all men by these presents, that held and firmly bound unto , in the sum of dollars, to be paid to the said , or to certain attorney, executors, administrators, or assigns. For which payment, well and truly to be made, bind and heirs, executors, or administrators, jointly and severally, firmly by these presents. Sealed this day of , 19 . . . The condition of this obligation is such, that if the above-bounden , heirs, executors, or administrators, shall, and do well and truly pay, or cause to be paid, unto the above-named , certain attorney, executors, administrators, or assigns, the sum of , without fraud or delay, then the preceding obligation to be void; otherwise to remain in full force and virtue. And it is hereby expressly agreed, that should any default be made in the payment of the said principal or interest, or of any part thereof, on any day whereon the same is made payable, as above expressed; and should the same remain unpaid and in arrear for the space of days, then, and from thenceforth, that is to say, after the lapse of the said days, the aforesaid principal siun, with all the arrearage of interest thereon, shall, at the option of the said obligee, executors, administrators, or assigns, become and be due and payable immediately thereafter, although the period above limited for the payment thereof may not then have expired, anything hereinbefore contained to the contrary thereof in anywise notwithstanding. And it is also agreed, by the said obligor, that will keep the buildings erected, and to be erected, upon the lands described in the mortgage 278 clerk's assistant. accompanying this bond, insured against loss and damage by fire, by insolvent insurers, and in an amount of at least $ , and assign the policy and certificates thereof to the said obligee..., and in default thereof it shall be lawful for the said obligee. . . to effect such insurance, and the premium and premiums paid for effecting the same shall be a lien 'on the said mortgaged premises, added to the amount secured by these presents, and payable on demand, with interest at the rate of per cent, per annum. Sealed and delivered in the presence of ( Acknowledgment clause. ) No. 10. Bond — Interest, Insurance and Tax Clauses — Short Form. Know all men by these presents, that held and firmly bound unto , in the sum of dollars, to be paid to the said , or to certain attorney, executors, administrators, or assigns. Fo^ which payment, well and truly to be made, bind and heirs, executors, or administrators, jointly and severally, firmly by these presents. Sealed this day of , in the year of our Lord, 19 . . . The condition of this obligation is such, that if the above-bounden , heirs, executors, or administrators, shall, and do well and truly pay, or cause to be paid, unto the above-named , certain attorney, executors, administrators, or assigns, the sum of , according to the terms of a mortgage by the part ... of the first part to the part ... of the second part, bearing even date herewith, without fraud or delay, then the preceding obli- gation to be void; otherwise to remain in full force and virtue. And the said part ... of the first part covenant . . . with the part ... of the second part as follows: First. That the part. . . of the first part will pay the indebtedness as here- inbefore provided, and if default be made in the payment of any part thereof, the part. . . of the second part shall have power to sell the premises therein described, according to law. Second. That the part. . . of the first part will keep the buildings on the said premises insured against loss by fire, for the benefit of the mortgagee, in the sum of at least $ Third. And it is hereby expressly agreed, that the whole of said principal sum shall become due at the option of the said part. . . of the second part after default in the payment of interest for days, or after default in the payment of any tax or assessment for days after notice and demand. In the presence of (Acknowledgment clause.) BONDS. 279 No. 11. Sond — Interest, Insurance, Tax, Water Rates and Assessment Clauses. Know all men by these presents, that held and firmly bound unto , in the sum of dollars, to be paid to the said , or to certain attorney, executors, administrators, or assigns. For which payment, well and truly to be made, bind and heirs, executors, or administrators, jointly and severally, firmly by these presents. Sealed this day of , in the year of our Lord, 19 ... * The condition of this obligation is such, that if the above-bounden , heirs, executors, or administrators, shall, and do well and truly pay, or cause to be paid, unto the above-named certain attorney, executors, administrators, or assigns, the sum of , without fraud or delay, then the preceding obligation to be void ; otherwise to remain in full force and virtue. And the said further covenant . . . for and assigns, that . he. . will during all the time until all the said moneys secured by these presents shall be fully paid and satisfied, pay and discharge, immediately after they shall be or become due or payable, all taxes, water rents, assess- ments, or which may be levied, laid, or assessed upon the premises described in the mortgage which accompanies this bond, or any part thereof; and in case the said part . . of the first part , or assigns, shall fail or neglect to pay all sucn taxes, assessments, water rents, or , or either of them, on said premises, or any part thereof, within , after the same shall be or become due or payable, then the said part ... of the second part, , or assigns, may pay the same, and the sum so paid, with interest thereon from the time of such payment, the said for , and assigns, covenant to pay to the said part ... of the second part, , or assigns, on demand, and that the same shall be and be deemed to be secured by these presents, and shall be collectible thereon and thereby in like manner as the said principal sum and interest. And it is hereby expressly agreed, that should any default be made in the payment of the said principal or interest, or any part thereof, on any day whereon the same is made payable, as above expressed; and should the same remain unpaid and in arrear for the space of days, then, and from thenceforth, that is to say, after the lapse of the said days, the aforesaid principal sum, with all the arrearage of interest thereon, shall, at the option of the said obligee, , executors, administrators, or as- signs, become and be due and payable immediately thereafter, although the period above limited for the payment thereof may not then have expired, anything hereinbefore contained to the contrary thereof in anywise notwith- standing ; with the like rights in the part ... of the second part, and . . . h . . . executors, administrators, and assigns, at . . . h . . . option to elect that the Whole principal, interest, and all sums secured hereby, shall become due after 280 clerk's assistant. failure, for like times, to insure or pay taxes, assessments, and water rates, or any part thereof. And it is also agreed by the said obligor . . . , that will keep the buildings erected, and to be erected, upon the lands described in the mortgage accompanying this bond, insured against loss and damage by fire, by solvent insurers, and in an amount of at least $ , and assign the policy and certificates thereof to the said obligee . . . , and in default thereof it shall be laAvful for the said obligee. . . to eflfect such insurance, and the premium and premiums paid for effecting the same shall be a lien on the said mortgaged premises, added to the amount secured by these presents, and payable on demand, with interest at the rate of per cent, per annum. Sealed and delivered in the presence of (Acknowledgment clause.) No. 12. Bond for Payment of Honey at Different Times. (As in the last form to the *, and then as follows : ) The condition of this obligation is such, that if the above-bounden A. B., his heirs, executors, and administrators, or any of them, shall well and truly pay, or cause to be paid, unto the above-named C. D., his executors, administrators, or assigns, the just and full sum of $1,000, lawful money, as aforesaid, in man- ner following, to-wit : $300 part thereof, on the day of next ensuing the date hereof ; $300 more thereof on the day of , the next following; and $400, the residue, and in full payment thereof, on the day of , which will be in the year of our Lord, 1900 ; then this obligation to be void; but if default shall be made in payment of any or either of the said sums on the days and times hereinbefore mentioned and ap- pointed for payment thereof, respectively, then this bond shall remain in full force and virtue. A. B. (L. s.) No. 13. Bond to Execute a Conveyance. ( As in No. 1 1 to the *, and then as follows : ) The condition of this obligation is such, that if the said A. B., on or before the .... day of next ensuing the date hereof, or, in case of his death before that time, if the heirs of the said A. B., within three months next after his decease, if such heirs shall be then of full age, or, if within age, then within three months after such heirs shall be of full age, shall and do, upon the reasonable request, and at the charges of the said C. D., his heirs or assigns, make, execute, and acknowledge, or cause so to be, all and every such deed or deeds, conveyance or conveyances whatsoever, which shall be needful for conveying and confirming unto the said C. D., his heirs and assigns, a good, absolute, and indefeasible estate of inheritance in fee-simple, clear of all incumbrances, of and in a, certain messuage, etc., with the appurtenances; and if, in the meantime, and while and until the same deed or deeds shall be BONDS. 281 executed, the said A. B., his heirs and assigns, shall and do permit and suffer the said C. D., his heirs and assigns, peaceably and quietly to have, hold, and enjoy the same messuage and tract of land, then the above obliga- tion to be void, or else it shall be and remain in full force and virtue. A. B. (L. s.) No. 14. Bond to Refund a Legacy in Certain Events.. (As in form No. 11 to the *, and then as follows: ) Whereas, C. B. (the father of the said A. B.), by his last will and testament, bearing date, etc., did give and bequeath unto the said A. B. a certain legacy of $2,000 {or, one equal fourth part of his estate, as the case may be), as by the said will, since the decease of the said C. B., duly proved and remaining in the surrogate's office of the county of Oneida, appears; now, the condition of this obligation is such, that if any part, or the whole, of the said legacy shall, at any time after the payment thereof to the said A. B., appear to be wanting to discharge any debt or debts, legacy or legacies, which the said executor shall not have other assets to pay; then, and in such case, if the said A. B., his heirs, executors, or administrators, shall and do return the said legacy, or such part thereof as shall appear to be necessary for the payment of the said debts, or the p.ayment of a proportionable part of the said legacies, then the above obligation to be void and of no effect, or else to remain in full force and virtue. A. B. (L. s.) No. 15. Bond of Indemnity to a Surety in a Bond. (As in No. 11 to the *, and then as follows:) The condition of this obligation is such, that whereas the above-named C. D., at the special instance and request of the above-bounden A. B., and for hia debt, together with and as well as he, the said A. B., are held and firmly bound unto one G. H., in and by an obligation bearing even date herewith, in the penal sum of $3,000 conditioned for the true payment of $1,500, accord- ing to the terms and conditions therein expressed ; if, therefore, the said A. B., his heirs, executors, or administrators, shall well and truly pay, or cause to be paid, unto the above-named G. H., his executors, administrators, or assigns, the sum or sums in the said bond mentioned, and at the time when they respectively become due, in the discharge of the obligation; and shall from time to time, and at all times hereafter save, defend, and keep harmless, and indemnify the said C. D., his heirs, executors, and administrators, and his and their goods and chattels, lands and tenements, of and from the said obli- gation, and of and from all actions, costts, and damages, for or by reason thereof; then this obligation to be void, or else to remain in full force and virtue. A. B. (L. s.) 282 olebk's assistant. No. 16. Bond of Indemnity on Paying Lost Note. Know all men by these presents, that we, C. D. and M. N., are held and firmly bound unto E. F. and G. F., in the sum of $1,000, lawful money of the United States of America, to be paid to the said E. F. and G. F., their ex- ecutors, administrators, or assigns; for which payment well and truly to be made, we bind ourselves, our and each of our heirs, executors, and adminis- trators, jointly and severally, firmly by these presents. Sealed with our seals. Dated this day of , 19 . . . Whereas, the above-named E. F., by his promissory note, signed by him for the said G. F., his father, and himself, dated the day of 19. . ., did promise to pay unto Y. Z., or order, $400, sixty days after date, for value received; and such said note was afterwards indorsed by the said Y. Z. and others, and became the property of A. B., of Rome, as the said A. B. avers; and, whereas, the said A. B. alleges he sent the said note by the mail, on the 5th day of April last, to the above-bounden C. D., to be delivered by him for his, the said A. B.'s use; which mail being robbed, and the said note not having been offered for payment, it is apprehended the said note was stolen out of the said mail or otherwise lost; and, whereas, the said E. F. and G. F. have on the day of the date hereof, at the request as well of the said A. B. as of the said C. D., and upon his, the said C. D., promising to indemnify the said E. F. and G. P., and deliver up to them the said note to be canceled, when found, paid the said C. D. the sum of $400, in full satisfaction and dis- charge of the said note (the receipt whereof the said C. D. does hereby acknowledge) ; the condition, therefore, of the above written obligation is such, that if the said C. J)., his heirs, executors, or administrators, or any of them, do and shall, from time to time, and at all times hereafter, save, defend, keep harmless, and indemnified, the said E. F. and G. F., their executors and administrators, of, from, and against the said note of $400, and of and from all costs, damages, and expenses that shall or may happen to arise therefrom, and also deliver or cause to be delivered up the said note, when, and so soon as the same shall be found to be canceled; then this obligation to be void, otherwise to be of full force and virtue. C. D. (L. s.) M.N. (L. 8.) No. 17. Indemnity Bond to Sheriff or Constable. Know all men by these presents, that we , are jointly and sev- erally held and firmly bound unto in the sum of dol- lars, lawful money of the United States, to be paid to the said , or to certain attorney, executors, administrators, or assigns, for which payment, well and truly to be made, we jointly and severally bind ourselves, our and each of our heirs, executors and administrators, jointly and severally, firmly by these presents. Sealed without seals. Dated the day ol , 19 . . . BONDS. 283 Whereas, the above-bounden did obtain judgment in the against for certain damages and costs, whereupon execution has been issued, directed, and delivered to the said , commanding him that of the goods and chattels of the said he should cause to be made the damages and costs aforesaid; and, whereas, certain goods and chat- tels that appear to belong to the said are claimed by Now, therefore, the condition of this obligation is such, that if the above- bounden shall jointly and severally, well and truly save, keep, and bear harmless, and indemnify the said and all and every person and persons aiding and assisting him in the premises, of and from all harm, let, trouble, damage, costs, suits, actions, judgments, and execu- tions, that shall or may at any time arise, come, or be brought against him, them, or any of them, as well for the levying and making sale under and by virtue of such execution, of all or any goods and chattels which he or they shall or may judge to belong to the said , as well as in entering any shop, store, building, or other premises, for the taking of any such goods and chattels, then this obligation to be void; else to remain in full force and virtue. Sealed and delivered in the presence of (Acknowledgment clause.) No. 18. Bond for Performance of a Contract or Agreement. (As in No. 11 to the *, then as follows:) The condition of this obligation is such, that if the above-bounden A. B. his executors, administrators, or assigns, shall in all things stand to and abide by, and well and truly keep and perform, the covenants, conditions, and agree- ments mentioned and contained in an instrument of agreement this day entered into, by and between him and the said S. R., on his, the said A. B.'s part, to be kept and performed at the time and in the manner and form therein specified, then the above obligation shall be void ; else to remain in full force and virtue. A. B. (L. s.) C. D. (L. s.) No. 19. A Bottomry Bond. Know all men by these presents, that I, A. B., commander and two-thirds owner of the ship Sarah, for myself, and C. D., remaining third owner of the said ship, am held and firmly bound unto E. F. in the penal sum of 284: clerk's assistant. $2,000, for the payment of which, well and truly to be made unto the said E. F., his heirs, executors, administrators, or assigns, I hereby bind myself, my heirs, executors, and administrators, firmly by these presents. In witness whereof, I have hereunto set my hand and seal this day of , in the year of our Lord, 19 . . . Whereas, the above-bounden A. B. hate taken up and received of the said E. r. the full and just sum of $1,000, which sum is to run at respondentia on the block and freight of the ship Sarah, whereof the said A. B. is now master from the port or road of Calcutta, on a voyage to the port of Boston, having permission to touch, stay at, and proceed to all ports and places within the limits of the voyage, at the rate or premium of twenty-five per cent. (25 per cent.) for the voyage. In consideration whereof, usual risks of the seas, rivers, enemies, fires, pirates, etc., are to be on account of the said E. F. And for the further security of the said E. F., the said A. B. doth by these presents mortgage and assign over to the said E. F., his heirs, execu- tors, administrators, and assigns, the said ship Sarah, and her freight, together with all her tackle, apparel, etc. And it is hereby declared that the said ship Sarah and her freight is thus assigned over, for the security of the respondentia taken up by the said A. B., and shall be delivered to no other use or purpose whatever, until payment of this bond is first made, with the premium that may become due thereon. Now, the condition of this obligation is such, that, if the above-bounden A. B., his heirs, executors, or administrators, shall and do well and truly pay, or cause to be paid, unto the said E. F., or to his attorneys in Boston, legally authorized to receive the same, their executors, administrators, or assigns, the full and just sum of $1,000, being the principal of this bond, together with the premium which shall become due thereupon, at or before the expira- tion of ninety days after the safe arrival of the said ship Sarah at her moorings in the harbor of Boston, or, in case of loss of the said ship Sarah, such an average as by custom shall have become due on the salvage; then this obligation to be void and of no effect; otherwise to remain in full force and virtue. Having signed to three bonds of the same tenor and date, the one of which being accomplished, the other two to be void and of no effect. ( Acknowledgment. ) A. B. (L. a.) C. D. by A. B. (l. s.) No. 20. A Bespondentla Bond. Know all men by these presents, that we, J. F., commander of the ship Mary, and P. D., are held and firmly bound to H. B., of New London, mer- chant, in the sum or penalty of $1,500 of good and lawful money, to be paid to the said H. B., or to his certain attorney, executors, administrators, or assigns; to which payment, well and truly to be made, we bind ourselves. BONDS. 285 jointly and separately, our heirs, executors, and administrators, fivmly by these presents. Sealed with our seals, dated this day of , and in the year of our Lord, 19. . . Whereas, the above-named H. B. has, on the day of the date above written, advanced and lent unto the said J. F. and P. D. the sum of $750, upon the goods, and merchandises, and effects, laden and to be laden on board the good ship or vessel called the Mary, of the burthen of 987 tons, or thereabouts, now riding at anchor in the river of Thames, outward bound to Japan, and whereof J. F. is commander, by his acceptance of a bill of exchange to that amount, at four months date, for the account of them the said J. F. and P. D. ; now the condition of this obligation is such, that, if the said ship or ves- sel do and shall, with all convenient speed, proceed and sail from and out of the said river of Thames on a voyage to any port or place, ports or places, in the East Indies, China, Hindostan or elsewhere beyond the Cape of Good Hope, and from thence do and shall sail, return, and come back into the said river of Thames at or before the end and expiration of thirty-six cal- endar months, to be accounted from the day of the date above written, and there to end her said intended voyage (the dangers and casualties of the seas excepted) ; and if the said J. F. and P. D., or either of them, their or either of their heirs, executors, or administrators, do and shall, within thirty days next after the said ship or vessel shall be arrived at her moorings in the said river of Thames from her said intended voyage, or at or upon the end and expiration of the said thirty-six calendar months, to be accounted, as aforesaid (which of the said times shall first and next happen), well and truly pay, or cause to be paid, unto the said H. B., his executors, adminis- trators, or assigns, the full sum of $1,020, together with $15 per calendar month, for each and every calendar month, and so proportionably for a greater or lesser time than a calendar month, for all such time and so many calendar months as shall be elapsed and run out of the said thirty-six calendar months, over and above twenty calendar months, to be accounted from the day of the date above written; or if in the said voyage, and within the said thirty-six calendar months, to be accounted as aforesaid, an utter loss of the said ship or vessel by fire, enemies, men-of-war, or any other casualties, shall unavoidably happen; and the said J. F. and P. D., their heirs, executors, or adinihistrators, do and shall, within six calendar months next after such loss, well and truly account for (upon oath, if required) and pay unto the said H. B., his executors, administrators, or assigns, a just and proportionable average on all the goods and effects of the said J. F., carried from Connecti- cut on board the said ship or vessel, and the net proceeds thereof, and on all other goods and effects which the said J. F. shall acquire during the said voyage, for or by reason of such goods, merchandises, and effects, and which shall not be unavoidably lost; then the above written obligation to be void and of none effect; else to stand in full force and virtue. J. F. (l. s.) P. D. (L. s.) 286 cleek's assistant. No. 21. Bond of a Treasurer of a Company, Society, or Association. Know all men by these presents, that we, A. B., C. D., and E. F., of the town of Sehodack, county of Rensselaer, are held and firmly bound unto the company (or, society, or, association), in the sum of $3,000, lawful money of the United States of America, to be paid to said company {or , society, or association ) , or to their certain attor- ney, successor or assigns, for which payment, well and truly to be made, we bind ourselves, our heirs, executors, and administrators firmly by these presents. Sealed with our seals. Dated the day of , in the year of our Lord, 19 . . . Whereas, the above-bounden A. B. has been chosen treasurer of the company {or, association, or, society) by reason whereof he will receive into his hands divers sums of money, goods, and chattels, and other things, the property of the said company ; now, the condition of this obligation is such, that, if the said A. B., his executors or adminis- trators, shall well and truly from the funds in his hands belonging to said company, pay all bills which the said company {or, the board of directors thereof) shall direct to be paid from such funds, when duly presented to him with the proper vouchers therefor, and at the expiration of his said office, upon due request to him or them to be made, shall make and give unto such auditor and auditors, as shall be appointed by the said company, a just and true r.ocount 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 by him to the said company {or,' society, or, association) ; then this obligation to be void, or else to be and remain in full force and virtue. A. B. (l. s.) C. D. (L. s.) E. F. (L. s.) No. 22. Constable's Bond. We, elected ( or, appointed ) a constable in and for the town of , in the county of , and and of said town, do hereby, jointly and severally, agree to pay to each and every person who may be entitled thereto, all such sums of money as the said con- stable may become liable to pay, on account of any execution which shall be delivered to him for collection; and to pay each and every such person for any damages which he may sustain from or by any act or thing done by such constable, by virtue of his office of constable. Witness our hands and seals, this day of 19 . . . (L. s.) Witness, (l. s.) (L. s.) BONDS. '2f^~ I hereby approve of the form and sufficiency of the above security. Town Clerk. or, Supervisor of the Town of Dated this day of 19 . . . No. 23. Keceiver's Bond. (Code, § 715.) Know all men by these presents, that we, , , of by occupation a , and of by occupation a , are held and firmly bound unto the people of the State of New York in the sum of dollars, to be paid to the said people ; for which payment, well and truly to be made, we bind ourselves, our heirs, executors, and administrators, jointly and severally, firmly by these presents. Sealed with our seals. Dated the day of , 19 . . . Whereas, by an order made by , on the day of , 19..., in an action in the court, wherein w . . . . plain- tiff . . ., and w. . . . defendant. . ., the above-bounden , was appointed receiver of the property of , judgment debtor . . . , pursuant to the provisions of the Code of Civil Procedure: Now, therefore, the condition of this obligation is such, that if the said shall faithfully discharge the duties of his trust as such receiver, and otherwise perform his office in all things according to the true intent and meaning of said order, then this obligation shall be void; otherwise tc be in full force and effect. Sealed and delivered in the presence of (l. s.) (L. s.) (I- 8.) STATE OF NEW YORK, ) County of , ) On this day of , A. D. 19. . ., before me, the subscriber, appeared , , to me personally known to be the same persons described in and who executed the above undertaking, and severally acknowl- edged that they executed the same. STATE OF NEW YORK, ) County of , ' and , being severally sworn, each for himself says, the said that he is a of the county , in this State, and that he is worth the sum of $ over and above all debts and liabilities which he owes or has incurred, exclusive of property exempt by law from levy and sale under an execution ; and the said for himself, says that he is a of the county of , in 288 clerk's assistant. this State, and that he is worth the sum of $ , over and above all debts and liabilities which he owes or has incurred, exclusive of property exempt by law from levy and sale under an execution. Severally sworn and subscribed before me, this day of 19... I certify that I find the suret. . . in the foregoing bond sufficient, and do approve and allow the same. No. 24. Bond of Iiibelant. DISTRICT COURT OF THE UNITED STATES, For the Northern District of New York. •I Stipulation or hond entered into pursuant to the rules and practice of this court. Whereas, a libel has been filed, or is about to be filed, in this court, by against the , her tackle, apparel and furniture, for the reasons and causes in the said libel mentioned, and praying that the same may be condemned and sold to answer the prayer of the libelant . . . , and the said libelant . . . and suret .... the parties hereto, hereby consenting and agreeing that in case of default or contumacy on the part of the libel- ant ... or suret . . . , execution may issue against their goods, chattels, and lands for the sum of $250; now, therefore, it is hereby stipulated and agreed, for the benefit of whom it may concern, that the stipulators undersigned, shall be and are, bound in the sum of $250. conditioned, that the libelant. . . above named will appear from time to time, and abide by all orders interlocutory and final, of the court, and pay the costs and expenses, if any, which shall be awarded, against h . . . by the final de- cree of this court, oir of any appellate court. ( l. s. ) Taken and acknowledged by , this ) day of , 19 ... , before me, ; (L. s.) U. 8. Commissioner in and for N. D. of N. T. Northern District of New York, ss.: . , of the , of , by occupation a being duly sworn, deposes and says, that he resides at , in the of , and that he is a householder in the northern dis- trict of New York, and is worth the sum of $500, over and above all his debts and liabilities, and over and above property exempt from execution. Subscribed and sworn to, before me, this i day of , 19 . . . , \ U. S. Commissioner in and for the N. D. of N. Y. CHATTEL MORTGAGES. 289 CHAPTER XVII. CHATTEL MORTGAGES. A CHATTEL MORTGAGE, or a mortgage on personal property, is, like a mortgage on realty, a conditional transfer, or sale, of the property, subject to defeasance upon the performance of certain conditions, usually the payment of a sum of money. Unlike real estate mortgages, however, chattel mortgages can usually be foreclosed by merely taking possession of the property and selling it at auction, without the formality of court proceedings. If the property brings more than the amount due on the debt which the mortgage secures, with in- terest and expenses of the sale, the surplus equitably belongs to the mortgagor. Some of the States have prescribed by statute a form of chattel mortgage which is shorter than those given here, but these are perfectly good in any State, and sometimes conserve the rights of the mortgagor better than the statutory forms. In fact, the forms here given are in general use throughout the United States. Most of the States have statutory provisions for filing chattel mortgages, but a digest of such laws, which would be of any practical value, would oc- cupy too much space for a work of this character. In New York, the statutes liave undergone a number of important changes within the last few years, and, therefore, very few of the older decisions on the statute are of any force now. Formerly the statute provided that not only an unconditional sale of goods and chattels, but every assignment by way of a mortgage, must be accompanied by an immediate and continued change of possession, to overcome a presumption of fraud. Without going into an examination which at this time would be of no practical value, it may be said that this statute was always the subject of many conflicting and irreconcilable decisions. As usually the very object of a chattel mortgage was to leave the goods in the possession of the mortgagor, the courts seem not to have con- strued the statute strictly according to its letter. At this time, however, ques- tions of that kind cannot arise, as the present act (Personal Property Law, i 25; L. 1897, c. 417) provides: "Every sale of goods and chattels in the possession or under the control of the vendor, and every assignment of goods and chattels by way of security or on any condition, but not constituting a. mortgage, nor intended to operate as a mortgage, unless accompanied by an immediate delivery followed by an actual and continued change of possession, is presumed to be fraudulent," etc. Therefore, none of the decisions on the question of change of possession under a chattel mortgage are at present ap- plicable, where the mortgage is actually filed. But if not filed the question of change of possession is still important, as will be seen from an examination of the lien law hereafter discussed. The question of filing chattel mortgages in New York is now governed by article VIII of the Lien Law (L. 1897, e. 418). The various amendments and changes have caused considerable confusion on this subject also. The original act (L. 1833, c. 279) required a copy of the mortgage with a state- ment of the amount remaining due, to be refiled within thirty days next pre- ceding each and every term of one year from the date of the original filing. This was amended by chapter 354 of the Laws of 1895, which required the re- filing of " a statement describing such mortgage, stating the names of the par- ties, the time when, and the place where, filed, and exhibiting the interest of the mortgagee in the property thereby claimed by him by virtue thereof." Under this amendment it was held that the refiling of a copy and statement, according to the provisions of the old statute, was insufficient to continue the lien against subsequent purchasers and creditors of the mortgagor. (David Stevenson Brewing Co. v. Eastern Brewing Co., 22 App. Div. 523.) That de- 19 290 cision was made in November, 189.7, and by section 95 of the Lien Law (L. 1897, c. 418), the following provision was made on this subject: " A chattel mortgage, except as otherwise provided in this article, shall be invalid as against creditors of the mortgagor, and against subsequent pur- chasers or mortgagees in good faith, after the expiration of the first or any succeeding term of one year, reckoning from the time of the first filing, imless, 1. Within thirty days next preceding the expiration of each such term, a statement containing a description of such mortgage, the names of the par- ties, the time when, and place where, filed, the interest of the mortgagee, or of any person who has succeeded to his interest in the property claimed by virtue thereof; or, 2. A copy of such mortgage, and its indorsements, together with a state- ment attached thereto or indorsed thereon, showing the interest of the mort- gagee, or of any person who has succeeded to his interest in the mortgage, is filed in the proper office in the city or town where the mortgagor then resides, if he is then a resident of the town or city where a mortgage, or a copy thereof, or such statement was last filed; if not such resident, but a resident of the State, a true copy of such mortgage, together with such statement, shall be filed in the proper office of the town or city where he then resides; and if not a resident of the State, then in the proper office of the city or town where the property so mortgaged was at the time of the execution of the mortgage." The mortgagee, now, therefore, has the option of filing n, description or a copy of the mortgage. The following are the provisions of sections 90 and 92 of the Lien Law, as amended by chapter 248 of the Laws of 1900, relative to the original filing: " § 90. Chattel mortgage to be filed. — Every mortgage or conveyance in- tended to act as a mortgage of goods and chattels or of any canal boat, steam tug, scow, or other craft, or the appurtenances thereto, navigating the canals of the State, which is not accompanied by an immediate delivery, and followed by an actual and continued change of possession of the things mortgaged, is absolutely void as against the creditors of the mortgagor, and as against sub- sequent purchasers and mortgagees in good faith, unless the mortgage, or a true copy thereof, is filed as directed in this article." " § 92. Where filed. — An instrument, or a true copy thereof, if intended to operate as a mortgage of a canal-boat, steam tug, scow, or other craft, or of the appurtenances thereto, navigating the canals of this State, must be filed in the office of the comptroller, and need not be filed elsewhere. Every other chat- tel mortgage, or an instrument intended to operate as such, or a true copy thereof, must be filed in the town or city where the mortgagor, if a resident of the State, resides at the time of the execution thereof, and if not a resident, in the city or town where the property mortgaged is, at the time of the execution of the mortgage. If there is more than one mortgagor, the mortgage, or a certi- fied copy thereof, must be filed in each city or town within the State where each mortgagor resides at the time of the execution thereof. In the city of New York, such instrument must be filed as follows, to-wit: in the borough of Brook- lyn in said city, such instrument shall be filed in the office of the register of the county of Kings ; in the borough of Queens in said city, in the office of the clerk of Queens county; in the borough of Richmond in said city, in the office of the clerk of the county of Richmond, and in the borough of Manhattan and the borough of the Bronx in said city, in the office of the register of the city and county of New York. In every other city or town of the State, in the office of the city or town clerk, unless there is a county clerk's office in such city or town, in which case it must be filed therein." While the statute at present is silent as to the exact time within which the original filing shall take place after the execution of the mortgage, but the only safe way is to file the mortgage at once. The mortgage should accurately and in detail describe the property mort- gaged. It is usually the practice to give a general description in the body of the mortgage and refer to schedule annexed " and made a part of the mort- gage." This schedule should describe each article and should be signed by the mortgagor. CHATTEL MORTGAGES. 291 FORMS IN THIS CHAPTER. No. Page. Mortgage on goods and chattels 1 301 Mortgage to secure money demand 2 2!W Mortgage to secure note 3 U9 ; Mortgage to secure Indorscr 4 24M Mortgage to secure surety on lease .j 294 Renewal of mortgage (> 294 Notice of chattel mortgage sale 7 295 No. 1. Mortgage on Goods and Chattels. Know all men by these presents, that A. B., residing at , of the first part, for securing the payment of the , hereinafter mentioned, and in consideration of the sum of $1, to in hand paid, at or be- fore the ensealing and delivery of these presents, by C. D., of the second part, the receipt whereof is hereby acknowledged, ha. . . granted, bargained, sold, and assigned, and by these presents do . . . grant, bargain, sell, and assign unto the said part. . . of the second part, all now remaining and being To have and to hold, all and singular, the goods and chattels above bar- gained and sold, or intended so to be, unto the said part. . . of the second part, executors, administrators, and assigns forever. And the said part. . . of the first part, for heirs, executors, and administrators, all and singular, the said goods and chattels above bargained and sold unto the said part. . . of the second part, executors, administrators, and assigns, against the said part. . . of the first part, and against all and every perscn or persons whomsoever, shall and will warrant, and by these presents forever defend. Upon condition, that if the said part. . . of the first part shall and do well and truly pay, or cause to be paid, unto the said part. . . of the second part, executors, administrators, or assigns, the sum of , then these presents and everything herein contained, shall cease and be void. And the said part. . . of the first part, for executors, administrators, and assigns, do covenant and agree to and with the said part ... of the second part, executors, administrators, and assigns, to make punctual payment of the money hereby secured And in case de- fault shall be made in payment of the said sum above mentioned, or in case the said part... of the second part shall sooner choose to demand the said goods and chattels, it shall and may be lawful for, and the said part. . . of the first part do . . . hereby authorize and empower the said part ... of the sec- ond part, executors, administrators, and assigns, with the aid and assistance of any person or persons, to enter and come into and upon the dwelling-house and premises of the said part. . . of the first part, and in such other place or places as the said goods and chattels are or may be held or placed, and take and carry away the said goods and chattels to sell and dis- pose of the same for the best price they can obtain, at either public or private 292 CLEKK S ASSISTANT. sale, and out of the money to retain and pay the said sum above mentioned, with the interest and all expenses and charges thereon, rendering the overplus (if any) unto the said part. . . of the first part, executors, ad- ministrators, and assigns. And until default be made in the payment of the aforesaid stun of money, the said part. . . of the first part to remain and con- tinue in quiet and peaceable possession of the said goods and chattels, and the full and free enjoyment of the same, unless the said part. . . of the second part, executors, administrators, or assigns, shall sooner choose to demand the same; and until such demand be made, the possession of the said part. . . of the first part shall be deemed the possession of an agent or ser- vant, for the sole benefit and advantage of his principal, the said part. . , of the second part. In witness whereof, the said part ... of the first part, ha . . . hereunto set hand . . . and seal . . . , this day of , 19 . . . Sealed and delivered in the presence of , County of ,as.: On this day of , 19 . . . , before me came , to me known to be the person... described in and who executed the foregoing in- strument, and acknowledged that . . .he. . . executed the same. No. 2. Chattel Mortgage to Secure a IConey Demand. Know all men by these presents, that I, A. B., of the city of Albany, party of the first part, for securing the payment of the sum of money hereinafter mentioned, and in consideration of the sum of $1, to me in hand paid, at or before the ensealing and delivery of these presents, by C. D., of the same place, party of the second part, the receipt whereof is hereby acknowledged, have granted, bargained, and sold, and by these presents do grant, bargain, and sell, unto the said party of the second part, all that one-horse wagon and harness, one-horse sleigh, one buffalo robe, and one cart, and all other goods and chat- tels whatsoever, mentioned and expressed in the schedule hereunto annexed, now remaining and being in the possession of the said A. B. To have and to hold all and singular the goods and chattels above bargained and sold, or intended so to be, unto the said party of the second part, his ex- ecutors, administrators, and assigns, forever. And the said party of the first part, for himself, his heirs, executors, and administrators, all and singular, the said goods and chattels above bargained and sold unto the said party of the second part, his executors, administrators, and assigns, against the said party of the first part, and against all and every person and persons whomsoever, shall and will warrant, and by these presents forever defend. * Upon condition that if the said party of the first part shall, and do, well and truly pay, or cause to be paid, unto the said party of the second part, his exec- utors, administrators, or assigns, the sum of $100, and interest thereon, on the 1st day of January next, then these presents and everything herein contained, CHATTEL MOETGAGKS. 293 shall cease and be void, t And the said party of the first part, for himself, his executors, administTators, and assigns, does covenant and agree to and with the said party of the second part, his executors, administrators, and assigns, to make punctual payment of the money hereby secured ; and in case default shall be made in payment of the said sum above mentioned, it shall and may be law- ful for, and the said party of the first part does hereby authorize and empower the said party of the second part, his executors, administrators, and assigns, with the aid and assistance of any person or persons, to enter and come into and upon the dwelling-house and premises of the said party of the first part, and in such other place or places as the said goods and chattels are or may be held or placed, and take and carry away the said goods and chattels, to sell and dis- pose of the same for the best price they can obtain, and out of the money to retain and pay the said sum above mentioned, with the interest and all ex- penses thereon, rendering the overplus (if any) unto the said party of the first part, his executors, administrators, and assigns. If from any cause, said property shall fail to satisfy said debt, interest, costs, and charges, the said covenant and' agree to pay the deficiency. And until default be made in the payment of the aforesaid sum of money, the said party of the first part to remain and continue in quiet and peaceable possession of the said goods and chattels, and the full and free enjoyment of the same, unless the said party of the second part, his executors, administrators, or assigns shall sooner choose to demand the same; and until such demand be made, the possession of the said party of the first part shall be deemed the possession of an agent or servant, for the sole benefit and advantage of his principal, the said party of the second part. In witness whereof, the said party of the first part has hereunto set hie hand and seal, this day of , 19 . . . Sealed and delivered in the presence of A. B. (l. s.) ( Schedule referred to in the preceding mortgage ) . Here set out a list of the articles. N. B. — When the list of goods are not all embraced in the body of mort- gage, they may be embraced in the schedule, which should be signed by the mortgagor. No. 3. Chattel Mortgage to Secure a Note. (As in the last form to the *, and in place of the sentence from the * to ■=■. insert the following: ) Upon condition that if the said party of the first part shall well and truly pay at maturity, the full amount, principal and interest, of a certain prom- issory note, executed by the said party of the first part, for $80, dated 19..., payable to the order of the said C. D., three months after date, then these presents and everything herein contained shall cease and be void. 294 oleek's assistant. No. 4. Chattel Kortgage to Secure Indorser. (As in form No. 2, to the *, and in place of the sentence from the * to the t, insert the following: ) Upon condition, that if the party of the first part shall well and truly pay at maturity the full amount, principal and interest, of a certain promissory note, and save the party of the second part harmless therefrom, dated , 19. . ., for the sum of $100, payable two months from date, executed by the said A. B., and indorsed by the said C. D., for the benefit and advantage of the said A. B., then these presents and everything herein contained shall cease and be void. No. 5. Chattel Mortgage to Secure a Surety on a Lease. (As in form No. 2, to the *, and in place of the sentence from the * to the t, insert the following: ) Upon condition, that if the party of the first part shall well and truly pay unto one L. M., his representatives or assigns, the several sums of money which may become due on a certain lease given by the said A. B. to the said L. M., and for the purposes of securing the payment to the said L. M., of the said several sums in the lease mentioned, the said C. D. became bound unto the said I. M., by an instrument in writing, dated , 19 . . . , the payment of which said sums, when the same respectively become due, and the holding the said C. D. harmless from any liability as surety as aforesaid, will render these premises and everything herein contained void. No. 6. Chattel Mortgage Renewal. I, , the mortgagee named in the mortgage given by , residing at , county of , State of New York, dated the day of , 19. . ., to secure the payment of the sum of dollars, in one year from the date thereof, and filed in the clerk's oflfiee of the of , on the day of , 19 . . . , of which the foregoing is a copy, do hereby give notice to all whom it may con- cern, that there remain due to , of the principal sum secured by said mortgage, the sum of dollars and cents, and that interest, as such mortga^fee in the property included in said mortgage, and thereby and hereby claimed by , is the sum of dollars and cents, and the interest thereon from the day of , 19. . . Dated, the day of , 19 . . . , Mortgagee. CLERKS AND CKIEHS. 295 If mortgagor resides at place where mortgage or copy thereof was last filed, refile renewal at same place. If mortgagor resides in State, but not at place where mortgage or copy thereof was last filed, a true copy of the mortgage and the statement must be filed in the clerk's office of the mortgagor's then residence. If mortgagor is a. nonresident of State, statement must be filed in clerk's office where the mortgaged property was at time the mortgage was executed. No. 7. ITotice of Chattel Mortgage Sale. By virtue of a chattel mortgage, executed by , to , d»ted'the day of , 19. . ., and filed in the office of the clerk of the of , on the day of . . , 19 ... , and upon which default has been made, I shall sell the property therein described and mentioned, viz. : , at public auction, at the , in the of , on the day of , 19 . . . , at o'clock in the noon of that day. Dated at , the day of , 19. . . , Mortgagee. CHAPTER XVln. CLERKS AND CRIERS. The clebks of the several counties of New York are usually elected at the same times as the State officers are elected. Every person elected or appointed to the office of county clerk shall, be- fore he enters on the duties of his office, and if appointed, within fifteen days after notice thereof, execute an undertaking to the county, with at least two sureties, with the approval of the board of supervisors, if in session, indorsed thereon by the clerk of the board, otherwise with the approval of the county judge, or a justice of the Supreme Court, residing in the county, to the effect that he will faithfully execute and discharge the duties of county clerk, and account for all moneys deposited with him pursuant to law, or the order of any court, or by his predecessor in office, and pay them over as required by law, or directed by such order. (General Laws, c. 18, § 160.) The county clerk shall: 1. Have the custody of all books, records, deeds, parchments, maps, and papers, deposited in his office in pursuance of law, and attend to their arrange- ment and preservation. 2. Provide at the expense of the county, all necessary books for recording all papers, documents, or matters authorized by law to be recorded in his office. 3. When a certificate of election or appointment to any county office, or revocation thereof, is received at his office, give immediate notice thereof, at the expense of the county, to every person named therein. When any other commission or appointment to office, or order of removal from office is re- ceived at his office, give immediate notice thereof, at the expense of the State, to every person named therein. 296 4. Give immediate notice to tlie governor, at the expense of the State, when there is a vacancy in any county office which he is authorized to fill; and the names of all persons elected or appointed to any such office who have neg- lected, within the time required by law, to file the constitutional oath of office, or the undertaking severally required of them ; and on or before the 15th day of January, in each year, the names of all persons elected or appointed to a county office in his county during the preceding year, who have duly qualified. 5. On or before the 1st day of January in each year, report to the secre- tary of state, at the expense of the State, the names of all corporations whose certificates of incorporation have been filed in his office during the previous year. 6. Keep in his office a book, free at all times to public inspection, in which shall be entered all fees charged or received by him for any official service, the time of receiving it, its nature, and the persons for whom rendered. (Id., § 161.) Every county clerk shall, within ten days after entering upon the duties of his ofiice, make, under his hand and seal, and record in his office a written ap- pointment of some suitable person to be deputy clerk of his county. In co un- ties containing a population of more than 100,000, by the last preceding Federal census, or State enumeration, the county clerk may, in like manner, appoint not to exceed two additional deputies. Every such deputy shall hold office during the pleasure of the clerk. When any such deputy is temporarily absent, disqualified, or disabled, the clerk shall appoint some one of his as- sistants to act as a deputy in his place for a period not exceeding thirty days, and without any additional compensation. Before any such deputy enters on his duties as such, he shall take the constitutional oath of office. If there shall be no county clerk, or deputy county clerk, or assistant authorized tn act as deputy, the county judge may designate in writing, to be recorded in the county clerk's office, a suitable person to act as county clerk, with all the powers, duties, and privileges of the office, and subject to the liabilities thereof, until a county clerk shall have been elected or appointed, and qualified. (Id., S 162.) Any such deputy may perform such duties of the clerk as may be assigned to him by an order of the clerk, to be entered in his office, and shall also per- form all the duties of the clerk when the clerk shall be absent from his office, or shall be incapable of performing the duties thereof, or when the office shall become vacant, until it shall be filled, except that of deciding upon the suffi- ciency of sureties, which duty shall devolve upon the county judge. (Id., § 163.) Every county clerk shall present to the board of supervisors of his county, upon the first day of their annual meeting, a statement, verified by his oath to be true, showing for the year preceding the 1st day of January: 1. The amount of all fees charged or received for searches, and for certifi- cates thereof. 2. The amount of all fees charged or received for recording any documents in his office, and for certificates thereof. 3. The amount of all suras charged or received for services rendered the county. 4. The amount of all sums charged or received for official services. 5. The sums paid by him for assistance, fuel, lights, stationery, and other incidental expenses, the names of the persons paid and the items thereof; but he shall not make any charge against the county for stationery, except record books and stationery furnished by him for courts held in his county, but the board of supervisors may allow the county clerk the necessary expenses in- curred by him for lighting and heating his office. (Id., § 164.) Clerks of counties, courts of record, and registers of deeds, except in the counties of New York and Kinrjs, as hereinafter provided, shall respectively keep open their offices for the transaction of business every day in the year, except Sundays and other days and half days declared by law to be holidays or half-holidays, between the 31st day of March and the 1st day of October CLEEKS AND CEIEES. 297 next following, from 8 o'clock in the forenoon to 5 o'clock in the afternoon, and between the 30th day of September and the 1st day of April next fol- lowing, from 9 o'clock in the forenoon to 5 o'clock in the afternoon. In the counties of New York and Kings, said offices shall remain open durihg the months of July and August, in each year, from 9 o'clock in the forenoon to 2 o'clock in the afternpon, and during the other months in each year, from 9 o'clock in the forenoon to 4 o'clock in the afternoon. (Id., § 105.) County clerks are the clerks of the several courts, held in their respective counties, except in the city and county of New York. The clerks of the several counties (except of New Y^ork, Kings, and West- chester) are registers for their several counties. The county clerks, as clerks of courts of record, may administer oaths, and take affidavits, in any matter or proceeding, except where the statute requires the same to be administered, or taken before some particular officers. The criers of the courts of record for the several counties are appointed by the county judges of the respective counties, except the county of Kings. (Code of Civil Procedure, § 91.) FORMS IN THIS CHAPTER. No. Page. Proclamation on opening court 1 298 For sheriff to return process 2 298 To return recognizances, etc 3 298 Before calling grand Jury 4 298 For silence on charging grand Jury 5 299 Oath of foreman of grand jury 6 299 Oath of grand jury 7 299 Proclamation for imposing fines 8 299 For persons to appear on recognizances 9 299 For persons bound to answer 10 299 For ball to produce principal 11 300 For discharge of persons against whom no bills are found 12 300 Of discharge 13 300 Before calling petit jury 14 300 Oath of petit jurors in civil cases 15 300 Proclamation for jury in civil cases 16 300 For defendant on an Inquest 17 301 For plaintiff to appear and prosecute 18 301 For witness to answer a subpoena 19 301 For adjournment of court 20 301 For opening court after adjournment 21 301 Oath of triers in civil action 22 301 Oath of witness on a challenge of juror 23 302 Oath of a witness in a civil action 24 302 Oath of interpreter 25 302 Oath of interpreter to a deaf and dumb witness 26 302 Oath of witness on voire dire 27 302 Oath of party or witness to admit evidence of the contents of a paper not produced 28 302 Oath of a party or interested witness preliminary to proving the hand- writing of a subscribing witness 29 303 Oath of constable on retiring with jury or J;iiors on leave 30 303 Oath of constable to keep jury on adjournment 31 303 Oath of constable who attends the jury when they retire to consider verdict 32 303 Oath on application to excuse or discharge a juror or constable 33 303 Oath on application of juror or constable for a remission of a fine 34 304 Oath of poor witness on application for expenses 35 .304 Proclamation for arraignment of prisoners 36 304 Proclamation for calling petit jury in criminal cases 37 3(M 298 clerk's assistant. Noi Page. Clerk's address to prisoner before calling a Jury 38 3(H Proclamation on swearing the juror 30 3(H Oath of juror 40 305 Proclamation for a witness under recognizance to appear and testify.... 41 305 Oath of a witness on a trial for felony 42 305 Proclamation before sentence pronounced ! 43 305 Proclamation before calling jury on a trial for misdemeanor 44 305 Juror's oath on a trial for misdemeanor 45 306 Oath of a witness on a trial for a misdemeanor 46 SOB Clerk's address on taking recognizance 47 306 Clerk's entry when an attachment Issues against a witness 48 306 Arraignment of a party indicted 49 307 Taking a verdict In a capital case SO 307 Polling a jury 51 307 Taking a verdict In a civil ease 52 307 Entry of verdict 53 308 Polling jury in civil actions. '. . 54 308 Certificate of county clerk to acknowledgment or proof of conveyance... 56 308 Certificate of official character 56 309 Certificate of a copy of a record or paper on file in the clerk's office 57 309 Notice to be printed of drawing a jury 68 309 Notice of drawing additional jury 50 310 No. 1. Froclamation on Opening Court. Hear ye! hear ye! hear ye! All manner of persons that have any business to do at this County Court (Trial Term of the Supreme Court), held in and for the county of Orleans, let them draw near and give their attention, and they shall be heard. No. 2. Per Sheriff to Return Process. Sheriff of the county of Orleans ! return the writs and precepts to you di- rected and delivered, and returnable here this day, that the court may pro- ceed thereon. No. 3. To Return Recognizances, etc. All justices of the peace, coroners, sheriffs, and other ofScers, who have taken any recognizances, examinations, or other matters, return the same to the court here, that they may proceed thereon. No. 4. Before Calling Grand Jury. You good men and true, who are here returned to inquire for the people of the State of New York, for the body of the county of Orange, answer to your names, every man at the first call, and save your fines. (Then call them singly in order.) CLEKKS AIO) ORIEBS. No. 6. For Silence on Charging Grand Jury All persons are strictly charged and commanded, to keep silence while the court is giving the charge to the grand jury, on pain of fine or imprisonment. No. 6. Oath of the Foreman of Grand Jury. Yon, as foreman of this grand jury, shall diligently inquire and true pre- sentment make of all such matters and things as shall be given you in charge ; the counsel of the people of this State, your fellows, and your own you shall keep secret; you shall present no person from envy, hatred, or malice, nor shall you leave any one unpresented through fear, favor, affection, or reward or hope thereof; but you shall present all things truly as they come to your knowledge, according to the best of your understanding. So help you Ood. No. 7. Oath of the Grand Jury. The same oath which your foreman has now taken before you on his part, yon and each of you shall well and truly observe on your part. So help you God. No. 8. Proclamation for Imposing Fines. Hear ye ! hear ye ! hear ye ! The court have imposed a fine of $25 upon each of the following persons for their nonattendance as grand jurors (petit jurors or constables) at this court, to-wit, of A. B., of, etc. No. 9. For Persons to Appear on Becognizances. ■ Hear ye ! hear ye ; hear ye ! All manner of persons who are bound by recog- nizance to prosecute, or prefer any bill of indictment against any prisoner or other person, let them come fotth and prosecute, or they vrill forfeit their recognizances. No. 10. For Persons Bound to Answer. Hear ye! hear ye! hear ye! A. B., come forth and answer to your name, and save yourself and your bail, or you will forfeit your recognizance. 300 clerk's assistant. No. 11. For Bail to Produce Principal. Hear ye! hear ye! hear ye! C. D. and E. F., bring forth A. B., your prin- cipal, whom you have undertaken to have here this day, or you will forfeit your recognizances. No. 12. For Discharge of Persons Against Whom no Bills are Found. Hear ye! hear ye! hear ye! If any man can show cause why A. B. should stand longer bound [or, imprisoned), let him come forth and he shall be heard; for he stands upon his discharge. No. 13. Of Discharge. Hear ye! hear ye! hear ye! No cause being shown why A. B. should any longer remain in custody of the sheriff of the county of Oswego, he is dis- charged. No. 14. Before Calling Petit Jury. Hear ye! hear ye! hear ye! You good men who are here returned to try the several issues to be tried at this County Court {or, at this Trial Term of the Supreme Court), held in and for the county of Onondaga, answer your names at the first call and save your fines. ' No. 15. Oath of Petit Jurors in Civil Causes. You and each of you, shall well and truly try the several issues which you shall have in charge at this Trial Term of the Supreme Court, and true ver- dict give in them respectively, according to evidence. So help you God. No. 16. Proclamation for Jury in a Civil Cause. Hear ye! hear ye! hear ye! You good men, who are here impaneled and returned to try this issue joined, between A. B., plaintiff, and C. D., defend- ant, answer to your names as you are called, and save your fines. CLERKS AND OEIERS. 301 No. 17. For Defendant on an Inquest. C. D., come forth and make your challenges, or you will lose your challenges, and an inquest will be taken against you by default. No. 18. For FlaintifE to Appear and Prosecute. A. B., appear and prosecute your action or your default will be entered. No. 19. For a Witness to Answer a Subpcena. M. M., come forward and testify in this issue joined between A. B., plaintiff, and C. D., defendant, according to the command of a subpoena herein served on you, or your default will be entered. No. 20. For Adjournment of the Court. Hear ye! hear ye! hear ye! All manner of persons who have any furthei business to do at this Trial Term of the Supreme Court ( or, County Court ) , may depart hence, and appear here again to-morrow morning at 9 o'clock, to which time this court is adjourned. No. 21. For Opening Court After Adjournment. Hear ye ! hear ye ! hear ye ! All manner of persons who have been adjourned over to this hour, and have any further business to do at this Trial Term of the Supreme Court (or, County Court), may draw near and give their atten- tion and they shall be heard. No. 22. Oath of Triers in a Civil Action upon a Challenge for Favor. You shall well and truly try, and truly find, whether A. B., the juror chal- lenged, stands indifferent between E. F., plaintiff, and C. D., defendant, in the issue about to be tried. So help you God. (Triers have been abolished in New York by statute.) 302 clebk's assistant. No. 23. Oath of Witness on a Challenge of Juror. You shall true answers make, to such questions as shall be put to you touch- ing the challenge of A. B., a juror. So help you God. No. 24. Oath of a Witness in a Civil Action. The evidence you shall give in this issue, joined between A. B., plaintiff, and C. D., defendant, shall be the truth, the whole truth, and nothing but the truth. So help you God. No. 25. Oath of Interpreter. You shall interpret between the court, the jury, the counsel, and the witness, in this issue joined, between A. B., plaintiff, and C. D., defendant. So help you God. No. 26. Oath of Interpreter to a Deaf and Dumb Witness. You shall well and truly interpret to E. F., a witness here produced in be- half of A. B., in this issue joined, between A. B., plaintiff, and C. D., defend- ant, the questions and demands made by the court to the said E. F., and his answers made to them. So help you God. No. 27. Oath of Witness on Voire Dire. You shall answers make to such questions as shall be put to you touch- ing your interest in the event of this action. So help you God. No. 28. Oath of Party or Witness, to Admit Evidence of the Contents of a Paper not Produced. You shall true answers make to such questions as shall be put to you touch- ing the power or control you have over any paper ( or, the loss or destruction of any paper) which would be proper evidence in this action. So help you God. CLEEKS AND CEIEES. 303 No. 29. Oath of a Farty or Interested Witness Preliminary to Proving tht Handwriting of a Subscribing Witness. You shall true answers make to such questions as shall be put to you touch- ing your ( or, the plaintiff's, or, defendant's ) ability to procure the attendance of A. B., a subscribing witness to this paper ( or, the paper in question ) . So help you God. No. 30. Oath of Constable on Retiring with a Jury or Jurors on Leave. You shall retire with such jurors as have leave of absence from this court, you shall not speak to them yourself in relation to this trial, nor suffer any person to speak to them; and you shall return them without delay. So help you God. No. 31. Oath of Constable to Keep Jury on Adjournment. You shall retire with the jury to some convenient room, to be furnished by the sheriff; you shall not suffer any person to speak to or communicate with them, nor do so yourself on any subject connected with this trial, and return them at the order of the court at the next meeting thereof. So help you God. No. 32. Oath of Constable who Attends the Jury when they B«tire to Con- sider of the Verdict in Civil and Criminal Actions. You shall well and truly keep every person sworn on this jury in some pri- vate and convenient place, without meat or drink, water excepted; you shall not suffer any person to speak to them, nor speak to them yourself, without leave of the court, except it be to ask them whether they have agreed on their verdict, until they have agreed on their verdict. So help you God. No. 33. Oath on Application to Excuse or Discharge a Juror or Constable. You shall true answers make to such questions as shall be put to you, touch- ing your application {or, the application for and in behalf of A. B.), to be discharged (or, excused) from attendance as a juror {or, constable) at this court. So help you God. 304 No. 34. Oath on Application of Juror or Constable for a Bemission of a Fine. You shall true answers make to such questions as shall be put to you, touch- ing your application {or, the application for and in behalf of A. B.) for the remission of your (or, his) fine, for default, in attending as a juror {or, con- stable) at this {or, some former) term of this court. So help you God. No. 35. Of Poor Witnesses on Application for Expenses. You shall true answers make to such questions as shall be put to you touch- ing your application for the expenses of your attendance at this court as a witness in behalf of the people of this State. No. 36. Proclamation for Arraignment of Prisoners. All persons are strictly charged and commanded to keep silence while the court proceed to arraign the prisoners on indictment for felony. No. 37. Proclamation for Calling Petit Jury in Criminal Oases. You good men, who are here returned to inquire between the people of the State of New York and A. B., the prisoner at the bar, answer to your names as you are called, and save your fines. No. 38. Clerk's Address to the Prisoner Before Calling the Jury. A. B., these good men that you shall now hear called, are the jurors who are to pass between the people of the State of New York and you (or, in a capital case, upon your life and death) ; if, therefore, you will challenge them, or any of them, you must challenge them as they come to the book to be sworn, and before they are sworn, and you shall be heard. No. 39. Proclamation on Swearing the Juror. Juror, look upon the prisoner; prisoner, look upon the juror. OLEBKS AXB 0BIEB8. 805 No. 40. Oath of Juror. You shall well and truly try, alld true ddliveranoe iiiakS, between the people of the Statfe of New York alid A. B., the defendant, and a true verdict give according to evidence. So help you God. No. 41. Proclamation for a Witness under Becognlzance to Appear and Testify. Hear ye! hear ye! hear ye! G. H., who is bound by recognizance to give evidence against A. B., the prisoner at the bar, come forth, answer to your name, and give evidence, or you will forfeit your recognizance. No. 42. Oath of a Witness on a Trial for Felony. The evidence that you shall give between the people of the State of New York and A. B., the prisoner at the bar, shall be the truth, the whole truth, and nothing but the truth. So help you God. No. 43. Proclamation Before Sentence Pronounced. Hear ye! hear ye! hear ye! All manner of persons are commanded to keep silence, while judgment is given against the prisoner at the bar, upon pain of imprisonment. No. 44. Proclamation Before Calling Jury on a Trial for a Misdemeanor. You good men who are here returned to try this issue of traverse, between the people of the State of New York and C. D., the defendant, answer to your names as you are called, and save your fines. 20 306 cleek's assistant. No. 45. Juror's Oath on a Trial for Misdemeanor. You shall well and truly try this issue of traverse, between the people of the State of New York and A. B., the defendant, and a true verdict give therein, according to the evidence. So help you God. No. 46. Oath of a Witness on a Trial for a Misdemeanor. The evidence you shall give in this issue of traverse, between the people of the State of New York and A. B., the defendant, shall be the truth, the whole truth, and nothing but the truth. So help you God. No. 47. Clerk's Address on Taking a Becognizance. You (and each of you) acknowledge yourself {or, yourselves) to be indebted to the people of the State of New York in the sum of $500 (or, to-wit: you A. B., in the sum of $300, and you, C. D., in the sum of $200), to be levied of your (and each of your) goods and chattels, lands and tenements, to the use of the said people, if default shall be made in the condition following, to- wit: The condition of this recognizance is such, that if (you) A. B. shall appear at the County Court (or, Supreme Court) to be held in and for the county of Chemung, then and there (or, from day to day during the sitting of this court) to answer and stand trial upon a certain indictment against you for felony (or, misdemeanor), (or, to testify and give evidence on the trial of a certain indictment against E. F., for felony [or, misdemeanor], and) not to depart the court without leave, and to abide its order and decision, then this recognizance to be void; otherwise to remain in full force and virtue^ Are you (and each of you) content? No. 48. Clerk's Entry when an Attachment Issues against a Witness. The People agt. A. B. On reading and filing an affidavit of the due service of a subpcena on E. F, to appear here this day as a witness on the trial of this indictment, and he being called and not appearing, and on motion of D. A., Esq., district attorney,, ordered, that an attachment issue against the said E. F. CLERKS AND CRIEES. 307 No. 49. Arraignment of a Party Indicted. (After reading the indictment or stating to the prisoner the grand jury have indicted you for a felony [or, a misedemeanor], here state the facts charged in the indictment.) Do you demand a trial on this indictment? Or, do you plead guilty or not guilty to this indictment? No. 50. Taking a Verdict in a Capital Case. Gentlemen of the jury, please answer to your names (call them one by one). Have you agreed upon your verdict? (answer yes) jurors, look upon the pris- oner. Who shall say for you (the foreman rises) ; how say you, do you find the prisoner at the bar guilty of the felony (and murder) whereof he stands indicted, or not guilty? (the foreman answers "guilty," or, "not guilty.") Then the clerk adds : Hearken to your verdict, gentlemen, as the court hath recorded it. You say you find the prisoner at the bar guilty (or, not guilty) of the felony (and murder) whereof he stands indicted, and so you all say? No. 51. Polling a Jury. Gentlemen of the jury, answer to your names as you are called. A. B., how say you, do you find the prisoner at the bar guilty of the felony ( and murder ) whereof he stands indicted, or not guilty? (and so call the rest one by one). (In cases where the trial is not capital, the two last forms may be altered as follows, in No. 50 omit " jurors, look upon the prisoner," and in Nos. 50 and 51, omit " felony [and murder "] and say, " misdemeanor," or, " crime," or, "offense," or, "riot," or, "assault and battery and riot.") No. 52. Taking Verdict in a Civil Cause. Gentlemen of the jury: Please answer to your names (call them singly). Have you agreed upon your verdict? How do you find (the foreman rises and says ) : We find for the defendant ( or, for the plaintiff, $500 damages ; or, we find the title of the property in question to be in the plaintiff, and assess the value thereof at .$300). (The clerk then says) : Gentlemen, listen to your verdict as it stands re- corded. You say you find, etc. (repeat the finding of the jury), and so you all say. 308 cleek's assistant. SUPREME COURT. No. 53. Entry of Verdict. A. B. C. D. At a trial court, held on the 5th day of September, 1898. Present, Hon. J. H., justice. Jurors (insert their names). Witnesses for plaintiff (insert names ) . Witnesses for defendant ( insert names ) . Verdict for the defendant (or, verdict for plaintiff), damages $305, or, ver- dict for plaintiff against defendant E. C, damages $305, and verdict for the defendant C. C, against the plaintiff ; or verdict for the plaintiil and the value of the property assessed at $328, or verdict for the plaintiff as to the title to the real property and damages for wrongfully withholding the said premises assessed at $85. No. 54. Foiling Jury in Civil Actions. A. B., you say you find for the defendant (or, you find for the plaintiff and assess his damages at $1,000). Put the same question to each of the jury, and when all have answered, then say: Then gentlemen of the jury, hearken to your verdict, as the court has recorded it. You say you find (state the find- ing), and so say you all. No. 55. J' Certificate of County .Clerk to the Acknowledgment, or Proof, of a Conveyance; to be Used Either in this State or When Sent to An- other State. STATE OF NEW YORK, City and County of Albany, Clerk's Office, I, R. R., clerk of the said city and county, do hereby certify that A. B., whose name is subscribed to the certificate of proof or acknowledgment of the annexed instrument in writing and indorsed thereon, was at the time of tak- ing such proof or acknowledgment, a justice of the peace in and for the county aforesaid, dwelling in the said county, and duly authorized to take the same And that I am well acquainted with the handwriting of the said A. B., and verily believe that the signature to the said certificate of proof or acknowledg- ment is genuine, and that the said instrument is executed and acknowledged according to the laws of the State of New York. If the original certificate is required to be under seal, he must also certify that hehas compared the im- CLUKKS AND CEIEES. 309 pression of the seal affixed thereto with the impression of the seal of the officer who took the acknowledgment or proof deposited in his office, and that he verily believes the impression of the seal upon the original certificate is genuine. In testimony whereof, I have hereunto set my hand and affixed ray official seal, this day of , 19. . . E. R., Clerk, (l. s.) No. 56. Certificate of Official Character. STATE OF NEW YORK, County of Chemung, I B. B., clerk of the said county, do hereby certify that A. A., the person subscribing the foregoing acknowledgment ( or, deposition ) , and before whom the same was taken ( or, acknowledged ) , was on the day of , 19. . ., therein mentioned, the county judge of Chemung county, and the judge of the County Court of said county (or, one of the justices of the Supreme Court), a court of record, and that I am well acquainted with the handwriting of the said A. A., and verily believe that the name of A. A., subscribed to the said certificate, is his proper and genuine signature. In testimony whereof, etc. (as in the last form). No. 57. Certificate to a Copy of a Becord or Paper on File in the Clerk's Ofiice. STATE OF NEW YORK, ) ^ . County of Chemung, ) I, B. B., clerk of said county, do hereby certify that I have compared the foregoing copy of (insert name of the instrument), and of the indorsements thereupon, with the original records of the same remaining in this office (or, with the original now on file in this office), and that the same are correct copies of the same and of the whole thereof. In testimony whereof, etc. ( as in No. 55 ) . No. 58. Notice to be Printed of Drawing a Jury. STATE OF NEW YORK, ) City and County of Albany, Clerk's Office, ) Notice is hereby given, that on Monday, the day of 19 . . . , a panel of petit and grand jurors will be drawn at this office, to serve at a Trial Term of the Supreme Court (or. County Court), to be held in and for the city and county of Albany, at the City Hall, in the city of Albany, on Monday, the day of , 19. . . •^ R. B., Clerk. 310 clerk's assistant. No. 59. Notice of Drawing Additional Jury. STATE OF NEW YORK, County of Albany. In the Supreme Court of the State of New York. Whereas, in my opinion, more than thirty-six jurors will be required to attend the Trial Term of the Supreme Court, to be next held in and for the county of Albany, on the third Monday of September next, I do hereby order and direct that twenty-four ad- ditional jurors, to serve at said court, be drawn and summoned according to law. Witness my hand, the day of 7 . . . , 19 . . . G. G., Justice of the Supreme Court of the State of New York. STATE OF NEW YORK, i City and County of Albany, Clerk's OfHoe. j Notice is hereby given, that on Friday, the day of , 19. . .. in pursuance of the foregoing order for twenty-four additional jurors, a panel of petit jurors will be drawn at this office, to serve at a Trial Term of the Su- preme Court, to be held in and for the city and county of Albany, at the City Hall, in the city of Albany, on Monday, the day of , 19 . . . R. B., Clerk. CHAPTER XIX. CONTRACTS AND AGREEMENTS. The term contract includes every description of agreement or obligation, whereby one party becomes bound to. another to pay a sum of money, or per- form or omit to do a certain act. The agreement must, in general, be obligatory on both parties, or it binds neither. To this rule, however, there are some ex- ceptions, as in the ease of an infant's contract. He may always sue, though he cannot be sued on his contract. There must be a good and valid considera- tion, motive, or inducement, to make the promise, upon which the party is charged, for this is of the very essence of a contract not under seal, and must exist, although the contract be reduced to writing. So, too, there must be a thing to be done which is not forbidden; or a thing to be omitted, the per- formance of which is not enjoined by law. A fraudulent or immoral contract, one contrary to public policy, is void; so, too, if it is contrary to a statute. For the purpose of preventing litigation, and in order that no misunder- standing may arise between individuals, the statute known as the Statute of Frauds, has provided that certain agreements shall be considered void unless they are made in accordance with the provisions of the statute. Thus: In the following cases every agreement shall be void, unless such agreement, or some note or memorandum thereof, expressing the consideration, be in writ- ing, and subscribed by the party to be charged therewith : 1. Every agreement that by its terms is not to be performed within one year from the making thereof; 2. Every special promise to answer for the debt, default, or miscarriage of another person; 3. Every agreement, promise, or undertaking, made upon consideration of marriage, except mutual promises to marry. CONTEACTS AND AGREEMENTS. 311 Every contract for the sale of any goods, chattels, or things in action for the price of $50, or more, shall be void unless, 1. A note or memorandum of such contract be made in writing, and be sub- scribed by the parties to be charged thereby; or, 2. Unless the buyer shall accept and receive part of such goods, or the evi- dences, or some of them, of such things in action; or, 3. Unless the buyer shall at the time pay some part of the purchase money. Every contract for the leasing for a longer period than one year, or for the sale of any lands, or any interest in lands, shall be void, unless the contract, or some note or memorandum thereof expressing the consideration, be in writ- ing, and be subscribed by the party, by whom the lease or sale is to be made. Such instrument may be execiited by an agent duly authorized. But it must appear that the instrument is executed as the deed or act of the principal. The usual form of such signature is A. B., by C. D., his agent or attorney. If the instrument is sealed, it should appear to be the seal of the principal, and if he acknowledge it, he acknowledges that he does it as the act of A. B., his principal. FORMS IN THIS CHAPTER. No. Page. Land contract 1 311 Contract to convey real estate 2 312 Land contract — Tenant clause 3 313 Agreement to be signed by auctioneer upon sale of land 4 314 Agreement to be signed by purchaser of lands at auetion 5 314 Agreement for the sale of goods as they shall be appraised 6 314 Agreement for building 7 315 Agreement for the freight of ship 8 317 Agreement to engrave cuts for boolc 9 318 Copartnership contract 10 318 Copartnership contract (continuance) 11 319 Agreement to sell manuscript of and copyright In a booli 12 320 -Agreement to superintend and enlarge second edition of book 13 320 Party wall agreement 14 321 Contract to make flour barrels 15 322 Agreement to sell and deliver wood 16 322 Agreement to sell shares in corporation 17 322 Agreement for services 18 323 Subscription to fund to build church 19 323 Agreement on the sale of wheat 20 324 No. 1. IJand Contract. Articles of agreement, made this day of in the year of our Lord, 19 ... , between , of the first part, and , of the second part, in the manner following: The said part. . . of the first part, in consideration of the sum of dollars, to duly paid, hereby agree ... to sell unto the said part ... of the second part, , for the sum of , which the said part ... of the second part hereby agree. . . to pay the part. . . of the first part as follows: Said part. . . of the second part also agrees to pay all taxes and assessments that shall be taxed or assessed on said premises from the date hereof until said sum shall be fully paid as aforesaid. And the said part. . . of the first part, on receiving such payment at the time and in the manner above mentioned. 312 cleek's assistant. shall, at own proper cost and expense, execute and deliver to the said part. . . of the second part, or to assigns, a It is mutually agreed between said parties, that said , of the, second part, shall have possession of said premises on , and he shall keep the same in as good condition as they are in at the date hereof, until the said sum shall be paid as aforesaid; and in ease of failure on the part of the said part ... of the second part, to fulfill this contract, And it is agreed, that the stipulations aforesaid are to apply to and bind the heirs, executors, administrators, and assigns, of the respective parties. In witness whereof, the said parties have hereunto set their hands and seals the day and year first above written. Sealed and delivered in the presence of (Acknowledgment clause.) No. 2. Contract to Convey Beal Estate. Articles of agreement, made and entered into this day of in the year of our Lord, 19 ... , between , of the first part, and , of the second part, witnesseth, that the said part ... of the first part, in consideration of the covenants and agreements hereinafter contained, to be performed on the part of the part ... of the second part, do . . . hereby covenant and agree to and with the said part. . . of the second part, to sell and convey to , in fee simple, by a good and sufiieient deed of con- veyance, with covenants of warranty, free and clear from all liens, rights of dower, or other incumbrances (unless hereinafter specified), all that piece or parcel of land, situate in the of , county of •. . . , and State of New York, briefiy described as follows : The part ... of the second part covenant . . . and agree ... to purchase of the said part ... of the first part, the premises above described, and to pay and secure to be paid therefor, the sum of dollars in the manner following, that is to say On payment of the sums to be so paid on or before the day of , 19 ... , the part ... of the first part covenant ... on that day, to deliver to the part ... of the second part, the deed aforesaid ; and, concurrent therewith, the part ... of the second part cove- nant . . and agree . . to secure to the part ... of the first part, the balance of the purchase money aforesaid by executing and delivering bond there- for, with a mortgage upon said premises duly acknowledged as collateral thereto, which bond and mortgage shall be conditioned to pay , with interest payable annually, with the installments, and to be computed from the day of , 19 ... , as follows : The said deed and bond and mortgage shall be delivered and the money paid at the , in the of The part ... of the first part covenant . . . and agree ... to receive genuine current funds, for the payments hereinbefore expressed, to be made before the delivery of said bond and mortgage. OONTEACTS AND AGKBEMENTS. 313 The part ... of the first part covenant . . . and agree . . . that on the day of , 19. . ., and upon the performance by the part. . . of the sec- ond part of the covenants herein contained on part to be performed, . . .he. . . will deliver to the part. . . of the second part, quiet and peaceable possession of said premises, in as good condition as they now are, natural wear eiicepted. The part. . . of the second part agrees to pay all taxes and assessments that shall be paid or assessed on said premises during the term shall have possession under this agreement. It is further covenanted and agreed, that in case the part. . . of the second part ha . . . possession of said premises before the execution and delivery of said deed, and in case of failure on part to perform any of the covenants herein contained, . . .he. . . will yield and deliver to the part. . . of the first part, quiet and peaceable possession of said premises ; that the part . . . of the first part may, immediately after such failure, re-enter and take pos- session of the same, without any previous notice to quit, in reference to any legal proceedings to recover possession thereof. It is mutually covenanted and agreed, that in case either party fails to per- form the covenants herein agreed to be performed by such part . . . , the part . . . so failing shall and will pay to the other the sum of dollars, which sum is hereby fixed and agreed upon as the liquidated damages for such fail- ure, and that the same shall in no event be considered « penalty. In witness whereof, the parties have hereunto set their hands and seals, the day and year first above written. Sealed and delivered in the presence of (Acknowledgment clause.) No. 3. Land Contract — Tenant Clause. Articles of agreement, made this day of , in the year of our Lord, 19. . ., between , of the first part, and , of the second part, in the manner following : The said part ... of the first part, in consideration of the sum of dollars, to duly paid, hereby agree ... to sell unto the said part ... of the second part, , for the sum of , which the said part ... of the second part hereby agree. . . to pay the part. . . of the first part, as follows: Said part ... of the second part also agree ... to pay all taxes and assessments that shall be taxed or assessed on said premises from the date hereof, until the said sum shall be fully paid as aforesaid. And the said part. . . of the first part, on receiving such payment at the time and in the manner above mentioned, shall, at own proper cost and expense, execute and deliver to the said part. . . of the second part, or to assigns, a It is mutually agreed between said parties, that the said part... of the second part shall have possession of said premises on , and he shall 314 clerk's assistant. keep the same in as good condition as they are in at the date hereof, until the said sum shall be paid as aforesaid ; and if said part ... of the second part shall fail to perform this contract, or any part of the same, said part ... of the first part shall, immediately after such failure, have the right to declare the same void, and retain whatever may have been paid on said contract, and all improvements that may have been made on said premises, and may consider and treat the part. . . of the second part as tenant, holding over without permission, and may take immediate possession of the premises, and remove the part. . . of the second part therefrom. And it is agreed, that the stipulations aforesaid are to apply to and bind the heirs, executors, administrators, and assigns of the respective parties. In witness whereof, the said parties have hereunto set their hands and seals, the day and year first above written. Sealed and delivered in the presence of (Acknowledgment clause.) No. 4. An Agreement to be Signed by an Auctioneer, After a Sale of Land at Auction. I hereby acknowledge that A. B. has been this day declared by me the high- est bidder and purchaser of all that certain lot of land (describe the land) at and for the sum of $1,000, and that he has paid into my hands the sum of $100 as a deposit and in part payment of the purchase money; and I hereby agree that the vendor, C. D., shall in all respects fulfill the conditions of the sale. Witness my hand, this day of , 19 . . . J. S., Auctioneer. No. 5. Agreement to be Signed by the Purchaser of Lands at Auction. I hereby acknowledge that I have this day purchased at public auction all that lot of land (describe the land), for the sum of $1,000, and have paid into the hands of J. S., the auctioneer, the sum of $100 as a deposit, and in part payment of the said purchase money ; and I hereby agree to pay the remaining portion of the purchase money unto C. D., the vendor, on or before the 15th inst., in accordance with the conditions of sale. Witness my hand, this , 19 . . . A. B. No. 6. Agreement for the Sale of Goods, etc., as They Shall be Appraised. ABjicles of agreement made between A. B., of Troy, and C. D., of New York. It is hereby agreed by the said parties, that all and singular the household goods, furniture, and utensils, which are the property of A. B., and contained COSTTEACTS AND AGEEEMENTS. 315 in and belonging to the dwelling-house now in the occupation of the said A. B. [or, contained in the schedule hereunto annexed), shall, at the joint and (■qual charge of the said parties, be appraised by E. F. and G. H., on or before the 10th day of June next, when the said E. F. and G. H. shall, in writing, by them signed, give in their appraisement to the said parties; and in case the said appraisers shall differ in such valuation, then they shall choose a third indifferent person as an umpire, to determine the same, whose valuation of the said goods, within three days after his election, shall be conclusive, if signed and given or tendered to the said parties, or either of them. And the said A. B. doth covenant with the said C. D., that, immediately after such valuation, made by the said E. F. and G. H., or by such umpire as aforesaid, he, the said A. B., will make an absolute bill of sale, and give possession of all the said goods, furniture, and utensils, unto the said C. D., at the price the same shall be appraised at as aforesaid. And the said C. D. doth hereby covenant with the said A. B., that he, the said C. D., will accept the said goods, at the said price, and, at the time of executing such bill of sale, and deliver- ing possession of the said goods, furniture, and utensils, by the said A. B., will then pay to the said A. B. the sum of money for which the same shall be ap- praised as aforesaid. In witness whereof, we have hereunto set our hands and seals, this day of , A. D. 19... A. B. (L. a.) C. D. (L. 8.) No. 7. Agreement for Building. Articles of agreement, made this day of , 19. . ., between , of the first part, and , of the second part. First. The said part ... of the second part do . . . hereby, for heirs, executors, and administrators, covenant, promise, and agree to and with the said part. . . of the first part, executors, administrators, or assigns, that , the said part ... of the second part, executors or administrators, shall and will, for the consideration hereinafter mentioned, on or before the , well and sufficiently erect and finish the new building , agreeable to the drawings and specifications made by , and signed by the said parties and hereunto annexed, within the time aforesaid, in a good, workmanlike, and substantial manner, to the satisfaction, and under the direction of the said , t« be testified by a writing or certificate under the hand of the said , and also shall and will find and provide such good, proper, and sufficient materials, of all kinds whatsoever, as shall be proper and sufficient for the completing and finishing all the , and other works of the said building . . . men- tioned in the specification . . . , for the sum of And the said part ... of the first part do . . . hereby, for , heirs, executors, and administrators, covenant, promise, and agree, to and with the said part. . . of the second part, , executors and administrators, that , 316 the said part... of the first part, executors or administrators, shall and will, in consideration of the covenants and agreements being strictly performed and kept by the said part ... of the second part, as specified, well and truly pay, or cause to be paid, unto the said part. . . of the second part, , executors, administrators, or assigns, the sum of dol- lars, lawful money of the United States of America, in manner following: provided, that in each of the said cases, a certificate shall be obtained and signed by the said And it is hereby further agreed by and between the said parties: First. The specifications, conditions, and the drawings are intended to co- operate, so that any works exhibited in the drawings and conditions, and not mentioned in the specifications, or vice versa, are to be executed the same as if it were mentioned in the specifications and set forth in the drawings, to the true meaning and intention of the said drawings, conditions, and specifica- tion?, without extra charge whatsoever. The specifications, drawings, and conditions are hereby made a part hereof. Second. The contractor, at his own proper costs and charges, is to provide all manner of materials and labor, scaffolding, implements, moulds, models, and cartage of every description, for the due performance of the several erec- tions. Third. Should the owner, at any time during the progress of the said build- ing..., request any alteration, deviation, additions, or omissions, from the said contract, he shall be at liberty to do so, and the same shall in no way affect or make void the contract, but will be added to or deducted from the amount of the contract, as the case may be, by a fair and reasonable valua- tion. Fourth. Should the contractor, at any time during the progress of the said works, refuse or neglect to supply a sufficiency of materials or workmen, the owner shall have the power to provide materials and workmen, after three days' notice in writing being given to finish the said works, and the expense shall be deducted from the amount of the contract. Fifth. Should any dispute arise respecting the true construction or meaning of the drawings or specifications, the same shall be decided by , and decision shall be final and conclusive ; but should any dispute arise respecting the true value of the extra work, or of the works omitted, the samr shall be valued by two competent persons — one employed by the owner, and the other by the contractor — and those two shall have the power to name an umpire, whose decision shall be binding on all parties. Sixth. The owner shall not, in any manner, be answerable or accountable for any loss or damage that shall or may happen to the said works, or any parts thereof respectively, or for any of the materials or other things used and employed in finishing and completing the same (loss or damage by fire ex- cepted ) . Seventh. The contractors, and each of them, to be responsible for each and every violation of the city ordinances caused by the obstruction of streets and sidewalks, and shall hold the owner harmless from any and all damage or ex- pense arising therefrom; said contractors, and each of them, shall be respon- CONTEACTS AND AOREEMENTS. 317 sible for, and shall save and keep the owner harmless and Indemnified from and against all liability by reason of injury or damage to person or property in Consequence of obstructions of the street or sidewalk, or of any materials or other thing therein or thereon, if any, and from any excavation or want of light or other proper guard or warning. Eighth. The contractors, and each of them, to take all necessary and proper steps to make, and to properly, carefully, and skillfully make all excavations without injury to adjoining buildings and property, and to save and keep the owner harmless and indemnify him from and against all liability and damage by reason of excavations, if any, and failure to properly, carefully, and skill- fully make the same, and to properly, carefully, and skillfully do and perform all the work contracted for. N'intli. The contractors, and each of them, to save and keep the building re- ferred to in this contract, and the lands on which it is situated free from any and all mechanics' liens, and other liens, by reason of his work or any material or other thing used therein; and if the contractors, or either of them, do not, thfe owner may retain suflRcient of the contract price to pay the same, and all costs by reason of or in consequence thereof, and may pay said lien or liens, if any, and costs, and deduct the amount thereof from the contract price. In ■fitness whereof, the said parties to these presents have hereunto set their hands and seals, the day and year above written. In presence of (Acknowledgment clause.) No. 8. An Agreement for the Freight of a Ship. Articles of agreement, between W. M., master of the ship " Good Speed," burthen about 800 tons, now at anchor, in harbor of New York, and forthwith bound out on a voyage to Lisbon, of the one part, and Y. Y., of New York, mer- chant, of the other part. The said W. M., for the consideration hereunder mentioned, doth covenant with the said Y. Y., his heirs and assigns, that the ship aforesaid shall, with all expedition, be made ready, and provided in all respects for the voyage aforesaid, and shall receive on board for the said Y. Y., the goods following (here enumerate them), and, within three days after the date hereof, shall set sail directly to Lisbon; and within five days after her arrival there, shall unlade and deliver the same to the factors of the said Y. Y. (the dangers of the seas, enemies, and the restraint of princes and rulers, only excepted) . And the said Y. Y., for himself, his heirs and assigns, doth covenant with the said W. M., his heirs and assigns, that he, the said Y. Y., his heirs and assigns, shall Jade, or tender the said goods to be laden, on board the said ship, and re- ceive and discharge the same from on board the same at L., aforesaid, within the respective times before limited; and will pay unto the said W. M., his heirs and assigns, for freight thereof, at the rate of , immediately after a right discharge and delivery of the same at L., aforesaid, ^^ith primage and average accustomed, and two-thirds of all port charges to grow due dur- 318 cleek's assistant, ing the said voyage, the other third part thereof to be paid by the said W. M. In witness whereof, the said parties have hereunto affixed their hands and this day of , 19. . . (Acknowledgment.) W. M. (l. 8.) y. Y. (L. s.) No. 9. An Agreement to Engrave Cuts for a Book. Articles of agreement, made between A. A., publisher, of the city of Boston, and B. B., an engraver of the same place, witnesseth, that: The said B. B.j for the consideration hereinafter mentioned, doth for him- self, his heirs and assigns, etc., covenant with the said A., his heirs and as- signs, that he, the said B., at his own charges, will provide good and proper copper plates, and will engrave thereon the effigy of every president of the United States, including the present president; and will, in a workmanlike manner, finish and deliver every such effigy within fourteen days next after every notice shall be given for the delivery of the same. And the said A., in consideration thereof, for himself, his heirs and assigns, doth covenant that he, the said A., or his heirs and assigns, will pay to the said B., upon the delivery of every such effigy as aforesaid, the sum of $50. In witness whereof, we, the said A. and B., have hereunto set our hands and seals, this day of , in the year 19 . . ; A. A. (L. s.) B. B. (L. s.) No. 10. Contract of Copartnership. Artielfls of copartnership, made this day of , 19 . . . , by and between E. D. and H. W., both of the city of Hudson, witnesseth, that: The said parties hereby agree to form, and do form a copartnership, for the purpose of carrying on the general produce and commission business on the following terms and articles of agreement, to the faithful performance of which they mutually engage and bind themselves, each to the other. The style and name of the copartnership shall be D. and W., and shall com- mence on the day of , 19. . ., and continue for the period of five years. Each of said parties agrees to contribute to the funds of the partnership the sum of $3,000 in cash, which shall be paid in, on or before the day of , 19 . . . , and each of said parties shall devote and give all his time and attention to the business, and to the care and superintendence of the same. All profits which may accrue to the said partnership shaU, be divided equally, and all losses happening to the said firm, whether from bad debts, deprecia- tion of goods, or any other cause or accident, and all expenses of the business shall be borne by the said parties equally. CONTRACTS AND AGREEMENTS. 319 All the purchases, sales, transactions, and accounts of the said firm shall be kept in regular books, which shall be always open to the inspection of both parties and their legal representatives respectively. An account of stock shall be taken, and an account between the parties shall be settled as often as once a year, and as much oftener as either partner may desire, and in writing request. Neither of the said parties shall subscribe any bond, sign or indorse any note of hand, accept, sign, or indorse any draft or bill of exchange, or assume any other liability, verbal or written, either in his own name or in the name of the firm, for the accommodation of any other person or persons whatsoever, without the consent in writing of the other party ; nor shall either party lend any of the funds of the copartnership without such consent of the other part- ner. No large purchase shall be made, nor any transaction out of the usual course of the business shall be undertaken by either of the partners, without previous consultation with, and the approbation of, the other partner. Neither shall withdraw from the joint stock, at any time, more than his share of the profits of the business then earned, nor shall either party be entitled to interest on his share of the capital; but if, at the expiration of the year, a, balance of profits be found due to either partner, he shall be at lib- erty to withdraw the said balance, or to leave it in the business, provided the other partner consent thereto, and in that case he shall be allowed interest on the said balance. At the expiration of the aforesaid term, or earlier dissolution of this co- partnership, if the said parties, or their legal representatives, cannot agree in the division of the stock then on hand, the whole copartnership effects, except the debts due to the firm, shall be sold at public auction, at which both parties shall be at liberty to bid and purchase like other individuals, and the proceeds shall be divided, after payment of the debts of the firm, in the proportions aforesaid. For the purpose of securing the performance of the foregoing agreements, it is agreed, that either party, in case of any violation of them, or either of them, by the other, shall have the right to dissolve this copartnership forth- with, on his becoming informed of such violation. In witness whereof, we, the said E. D. and H. W., have hereto set our hands, the day and year first above written. E. D. Executed and delivered in presence of H. W. ( Acknowledgment. ) No. 11. Agreement to Continue the Fartnersliip, to be Indorsed on the Original Articles. Whereas, the partnership evidenced by the within written articles, has this day expired by the limitations contained herein (or, will expire on the 1st day of January, 1901), it is hereby mutually agreed that the same shall be con- tinued on the same terms, and with all the provisions and restrictions herein 320 contained for the further term of three years from this date {or, from the 1st day of January, 1901. In witness whereof, we have hereto set our hands, this day of , 19... E. D. H.W. No. 12. Agreement to Sell Manuscript of and Copyright in a Book. Articles of agreement, made the day of , 19 . . . , by and be- tween M. M. and B. B., both of the city of Poughkeepsie, witnesseth: That the said M. M., for and in consideration of $1,000, and other considera- tions herein named, has this day sold to the said B. B., manuscript copy for the publication of booic, to be called " The Spread Eagle," including the in- dex, and he, the said M. M., also agrees to examine and correct the proof sheets thereof, as they shall be furnished him from time to time, during the publi- cation thereof. The said B. B. and his assigns are to have the exclusive right to take out and own the copyright and the renewals of the copyright thereof. And the said B. B., for himself, his heirs and assigns, agrees to pay the said M. M., in manner following: $100 on the signing of this contract, $400 when the index shall be ready for the printer, and the balaiice wlien the proof sheets shall have all been examined and furnished the printer, and shall furnish the said M. M., fifteen bound copies of the work within a reasonable time after the said M. M. shall have completed his labors; the whole of said proof sheets to be furnished the said M. M., within a reasonable time after the delivery of the manuscript. And it is further agreed that in case the said book shall not amount to 300 pages, size and style of the pages of the work knoWn as " The Rising Poli- tician,'' then the said M. M. is to receive, and the said B. B. is to pay a sum proportioned to the number of pages so furnished, but in case said work shall contain more than 300 pages, the sum to be paid therefor is not to be increased. Witness our hands, the day and year first above written. B. B. M.M. No. 13. Agreement to Superintend and Enlarge a Second Edition of a Book. Articles of agreement, made this day of , 19 . . . , by and be- tween M. M., of the city of Schenectady, of the first part, and B. B., of the same place, of the second part, witnesseth: That the said M. M., for and in consideration of $400, and other considera- tion herein named, agrees to examine, correct, and enlarge the work known as " The Spread Eagle," to furnish additional manuscript matter for the second edition of the work, to enlarge the index, and make it full and complete. CONTRACTS AND AGREEMENTS. 321 It is understood and agreed, that the new edition of the work shall be of the same size page as the present work, and contain an equal amount of matter on each page, and that the additional matter furnished shall enlarge the work not less than 100 pages, and shall be furnished to the said B. B. at not less than 20 pages per day (120 pages per week), commencing on the 12th instant. And the said M. M. is to examine and correct the proof sheets as fast as they shall be furnished, and to complete the index as soon as may be after the whole signature of the text shall be handed him for that purpose. And the said B. B., on his part, agrees to print the said work as the matter shall be furnished, to furnish the said M. M. a copy of the work by signatures as each signature shall be worked off for the purpose of arranging the index, to furnish the said M. M. twenty bound copies of the work as soon as he can conveniently, and to pay the said M. M. the sum of $400 on the day the last proof sheet is corrected for the press. The said B. B. is to take out and secure a copyright of the said work; and the said M. M., on the completion of the work, is to execute and deliver to the said B. B., his heirs and assigns, forever, an assignment of all his right and title and interest in and to the said work. In witness whereof, the said parties have hereunto set their hands, the day and year first above written. M.M. B. B. No. 14. Agreement as to a Party Wall. This agreement, made this day of , 19 . . . , by and between J. M. and W. C, of the city of Utica, witnesseth : That, whereas, the said W. C. is the owner of the house and lot on the south side of Bleecker street, second lot east of Dallius street, and the said J. M. is the owner of the lot adjoining the same next easterly thereof, on which said lot there now stands a party wall on a line parallel with Dallius street; and forty-four feet easterly from said Dallius street; and, whereas, the said J. M. has erected his dwelling-house several feet (one story) higher than the said W. C, whereby greater advantage may accrue to the said J. M. from said party wall. Now, therefore, the said W. C, in consideration of the sum of $1, to him in hand paid, the receipt whereof is hereby acknowledged, doth grant, covenant, promise, and agree with the said J. M., that he may peacefully and lawfully enjoy such party wall, to himself, his heirs, and assigns, the said W. C. reserving to himself the right to use the said portion of the party wall built by the said J. M., whenever he may wish to build higher than his house now is. It is further mutually understood and agreed, between the respective par- ties, that this agreement shall remain so long as the houses last, and shall pass to the heirs and assigns of the respective parties to these presents. Witness our hands and seals, the day and year first above written. J. M. (L. s.) W.C. (L. s.) 21 322 clerk's assistant. No. 15. Contract for Making Flour Barrels. Memorandum of agreement, made this day of , 19 . . . , by and between A. A., of the first part, and B. B., of the second part, witnesseth: That the said A. A., for the sum of thirty-five cents, for each and every barrel hereafter made and delivered, hereby agrees to make and deliver to the said B. B.. 2,000 flour barrels; the staves and heading to be of good, sound, seasoned white oak timber, and the hoops of black ash, round or square. The said bar- rels are to be manufactured in a good and workmanlike manner, and all to be delivered to the said B. B. at his flouring mill, in the city of Utiea, within four months from the date of this instrument. And the said B. B., on his part, agrees to pay the said A. A., in cash, the sum of thirty-five cents, for each and every barrel so delivered, upon the de- livery of the same at his mill, as aforesaid: Such payment to be made as of- ten as the said A. A. shall deliver fifty barrels, in the proper proportion for the same. In witness whereof, the parties have hereunto set their hands, the day and year first above written. A. A. B. B. No. 16. Agreement to Sell and Deliver Wood. Memorandum of agreement, made this day of , 19. . ., by and between A. A., of the town of Half Moon, and B. B., of the village of Cohoes, witnesseth: That the said A. A., for the sum of $5 per cord, hereby agrees to sell and deliver to the^said B. B., 1,000 cords of good, sound white oak wood, and to securely and properly pile the same on the east bank of the canal, just cast of said village of Cohoes, on the lot of the said B. B. Said wood is to be cut during the present month of December, and the months of January and February next, to be cut four feet long, and properly piled on said lot on or before the 1st day of May next. Said wood, when piled as aforesaid, is to be measured by D. D., and the said B. B. agrees to pay the said A. A. the sum of .$5 for each and every cord so delivered, payment to be made by in- stallments on each fifty cords as they are delivered, whenever, and as soon as the said A. A. shall furnish to the said B. B., the certificate of the said D. D., that such fifty cords or additional of wood have been delivered and properly piled on said lot. Witness our hands, the day and year first above written. A. A. B. B. No. 17. Agreement to Sell Shares of Stock of an Incorporated Company. Memorandum of agreement, made this day of , 19. .., be- tween A. A., of the city of Hudson, of the first part, and B. B., of the same place CONTRACTS AND AGEEBMENTS. 323 of the second part, witnesseth: That the said A. A. agrees to sell and convey to the said B. B., on or before the 1st day of May next, 1,000 shares of the cap- ital stock of the Bank of Albany, for the price or sum of $110 per share, and to make, execute, and deliver to the said B. B., all assignments, transfers, and conveyances necessary to assure the same to him, his heirs and assigns. In consideration whereof, the said B. B. agrees to pay unto the said A. A. the price or sum of $110 for each and every share of the said stock so as- signed, whenever, and as soon as the said assignment and the scrip of stock so assigned shall be properly executed and delivered to the said B. B. In witness whereof, the said parties have hereto set their hands and seals, the day and year first above written. A. A. (l. s. ) B. B. (L. 8.) No. 18. Agreement for Services. This agreement, made this day of , 19 ... , between A. A., of the first part, and B. B., of the second part, witnesseth: That the said A. A. agrees faithfully and diligently to work for the said B. B. on his farm (or, as clerk, or, salesman in the store of the said B. B. ) , at Bethlehem, in Albany county, for the period of six months from and after the 1st day of January next, for the sum of $25 per month. In consideration of which service so to be performed, the said B. B. agrees to pay the said A. A. the sum of $2.5 pci month, payable as follows: $10 on the 1st day of February, and $10 on the 1st day of each month following, until the whole labor shall be performed; and when the whole labor shall have been performed, then the balance of such sum as has not been theretofore paid the said A. A. In witness whereof, the said parties have hereunto set their hands, the day and year first above written. A. A. B. 3. No. 19. Subscription to Build a Church Edifice. Whereas, the trustees of the church corporation, known as the " Church of the Puritans," are about erecting a church edifice for such corporation; now, we, the undersigned, for the purpose of such erection, hereby agree to and with such trustees and to and with each other, to pay to B. B., the treasurer of said corporation, the several sums by us set opposite our several names, for the purpose of such erection, and we hereby authorize and direct the said trustees to expend such sums in the erection of the same. The said sums are to be paid to the said treasurer on or before the Ist day of March, 1900. Names. Amount. A. B $600 C. C 400 324 clerk's assistant. No. 20. Agreement on a Sale of Wheat. In consideration of $1 per bushel, A. A., of the town of Coeymans, hereby sells, and agrees to deliver to B. B., at his store at Coeymans Landing, all the wheat raised and harvested by the said A. A., on his farm, the present year. The said wheat is to be delivered at said store in good, clean and merchantable order, on or before the loth day of February, 1898, and in consideration thereof, the said B. B. agrees to pay the said sum of $1 for each and every bushel so delivered upon the delivery of the same. Witness the hands of the said A. A. and B. B. this day of 19... A. A. B. B. CHAPTER XX. CONVEYANCES BY DEED AND MORTaAGE. Stbictlt speaking, a deed is any contract in writing under seal. The com- mon and almost universal use of the term, however, relates to a conveyance of real estate, and it is in that sense that it is used in this chapter. A deed must be written or printed on parchment or paper. The requisites of a deed are, that there be persons able to contract and be contracted with, and also some thing or subject-matter to be contracted for, all of which must be expressed by good and sufficient words. In every grant there must be a grantor, a grantee, and a thing granted. The deed must be founded upon good and sufficient consideration, and not upon a usurious con- tract, nor upon fraud or collusion, either to deceive purchasers in good faith, or just and lawful creditors. The consideration of the deed may be considered good or valuable. A valuable consideration is founded on something pro- ducing a compensation, as money, goods, services, or marriage. A good consideration is founded upon natural love and affection, as between near relatives by blood. Deeds upon good consideration only, are considered as voluntary merely, and are often set aside in favor of creditors and purchasers in good faith. Although there are no specific words required in a deed, yet the matter written must be legally and orderly set forth, and there must be words suffi- cient to specify the agreement and bind the parties ; which sufficiency must be left to the courts of law to determine. In the premises is usually set forth the number and names of the parties with their addresses and titles; next fol- lows the consideration upon which the deed is made, and then follows a de- scription of the property. Next comes the habendum (to have) and the tenen- dum (to hold) clause more properly determining what estate or interest is granted by the deed; though this may be performed, and frequently is per- formed in the premise. The tenendu/m, or " and to hold " clause is now of very little use, and is only kept in by custom; formerly, in England, it was used to signify the kind of tenure by which the estate was granted to be holden. Then follow the terms of stipulation, if any, upon which the grant is made. In war- ranty deeds, clauses of warranty and covenants of different kinds may be added. The usual personal covenants in a warranty deed are: that the grantor is lawfully seized; that he has good right to convey; that the land is free from incumbrances; that the grantees shall quietly enjoy; and that the grantor will warrant and defend the title against all lawful claims. It has been a mooted question in New York for some years exactly what covenants would be held to " run with the land," so that a remote grantee could recover from the CONVEYANCES BY DEED AND MORTGAGE. 325 one originally making the covenants. Covenants of quiet enjoyment, warranty, and for further assurance have been held to run with the land for a long time. By the decision of the Court of Appeals in the case of Geiszler v. DeGraaf, 166 N. Y. 339, decided on March 26, 1901, it would seem that covenants of seisin of the right to convey, and against incumbrances also run with the land in New York. Lastly comes the conclusion, which mentions the execution and date of the deed, either expressly or by reference to some day and year before mentioned. A date is not necessary, and the deed would be good without date, or with a false date, or an impossible date, as the 31st of February, provided the real date of its being given or delivered can De proved. The remaining requisites of a good deed are the signing, sealing, and de- livery, which is expressed in the attestation " signed, sealed, and delivered." While at common law a seal was the distinguishing mark between a deed or " specialty," as it was sometimes called, and a simple contract, that is one not under seal, and all conveyances of real estate were necessarily under seal, the legislatures of various States have, by statute, produced an anomaly whereby we have " deeds " without seals. The reason for this is, I believe, the gradual whittling away of the formality which formerly attached to the affixing of a private seal. For a long time a seal could only be affixed by making an impression on wax or some adhesive substance from an engraved or carved plate. Tins was thought to " authenticate " the document to which the seal was affixed, by reason of the difficulty of any one other than the owner of the seal reproducing the impression of his private seal. Owing, no doubt, to the fact that many persons wished to execute contracts under seal, who did not have such an engraved or carved plate, the rules of law relating .to seals were relaxed from time to time until a scroll, or the letters L. S., or a wafer merely gummed to the paper sufficed as " seals." Such devices naturally have no value, so far as they tend to " authenticate " the docu- ments to which they are affixed, and their abolishment was a, natural result. The truth of the above remarks is proved, I think, by the fact that wher- ever the use of a seal from an engraved plate has been found practicable, such as the seals of courts and of notaries public, the practice has neither fallen into disuse nor been abolished. Some of the States which have abolished the use of private seals, even on deeds, still require such instruments to be ac- knowledged under the seal of the officer taking the acknowledgment,- and the official seal is almost always absolutely essential when the acknowledgment is taken without the State where the land aflfected by the deed is situated. The personal signatures of the officers within a State are always matters of public record therein. But those of other States are not so easily accessible, and, therefore, dependence is put upon the seal.l A mortgage is merely a conveyance subject to being defeated (called de- feasance) by the performing of a condition, usually the payment of money, by the one who makes the mortgage, that is, the mortgagor. Thus, while a deed usually conveys an absolute title for a given consideration, and the contract thereby becomes fully executed, a mortgage is generally given to secure a debt or liability created by the mortgagor. The debt may be ab- solute, so far as the mortgagee is concerned, or it may be contingent upon the mortgagor performing his contract with a third person, in whose favor the mortgagee has become surety for the mortgagor. Where the debt is absolute, the mortgagee either loans the mortgagor money and takes the mortgage directly as security for the repayment of the amount, or the mortgagor, hav- ing become indebted to the mortgagee in other transactions, the mortgage is given to secure that indebtedness to the mortgagee. There are many forms of contingent liability. The mortgagee may have indorsed or become surety on the mortgagor's promissory note, or he may have guaranteed that the mortgagor would perform a building or other contract with a. third person; ' See the chapter on Acknowledgments, on the Instruments themselves and al90 where the laws of the various States as the acknowledgments, are digested, to the requirements concerning seals both 326 clerk's assistant. that he would be faithful in the performance of his duties as a trustee, or any one of a hundred or more of liabilities known to the business wor'd. Delivery to the grantee or the mortgagee is absolutely essential to the validity of either a deed or a mortgage. Upon performance of the condition of the mortgage, the mortgagor is en- titled to a " satisfaction " of the mortgage. This is an instrument in writing executed and acknowledged with the same formality as the original docu- ment, declaring that the mortgage has been fully paid or the other conditions thereof have been completely performed, and consenting to a discharge of the mortgage of record, so that it is no longer a lien on Uie land. Upon breach of a condition of the mortgage, that is, if the mortgagor fail to pay the amount stipulated at the times agreed, or the mortgagee is com- pelled to make good the mortgagor's default to third parties, the mortgage conveyance becomes, on its face, absolute. It is necessary to establish, how- ever, in some formal way, provided by law, that there has been a breach of the condition of the mortgage. This is usually done by a suit to foreclose the mortgage wherein it is Judicially declared that there has been a breach of the condition and a further determination of the amount due to the mortgagee. Sometimes it is done without court proceedings, and this latter is called statutory foreclosure, as explained more fully in the forms and notes given hereinafter. It should he observed that while a mortgage is technically a " conveyance," title does not pass to the mortgagee by the foreclosure alone. The property is put up for sale. Out of the proceeds the expenses of the foreclosure and sale are first paid, then the amount of the mortgagee's claim, to which he is entitled according to the decree, and the remainder, if any, leverts to the mortgagor, this remainder, as well as the interest which the mortgagor has in the property, over and above the mortgage debt, being called the equity of redemption. Owing, undoubtedly, to the enormous amount of work and consequent ex- pense involved in recording long and often prolix land conveyances, a pro- nounced tendency towards brevity in deeds and mortgages has developed, particularly in the newer States. In some of them, as will be seen from the accompanying forms, this tendency has resulted in forms of conveyances, the formal parts of which occupy only two or three printed lines. In the East, particularly in New York, the same tendency is discovered, and statutes for " short forms "' of deeds and mortgages have been passed at comparatively recent dates, with heavy penalties for the recording of the older and longer forms. From the example of California, however, New York appears to have accomplished very little in this direction. In New York the reform was ac- complished by a statute declaring that a simple brief statement really meant as much as long and more specific provisions of the older forms of deeds. In some of the other States, the forms are shortened to a, much greater extent than in New York, by a provision that all deeds conveying real estate should be deemed a warranty of the title and a covenant for quiet enjoyment, etc. FORMS IN THIS CHAPTER. DEEDS. NEW YORK AND GENERAL POEMS: No. Page. Quitclaim deed — Short form 1 331 Quitclaim deed — Another short form 2 331 Quitclaim deed — Long form 3 332 Deed — Covenant against grantor — Short form i 332 Deed — Covenant against grantor — Long form 5 333 Warranty deed — Short form <• 333 Warranty deed '' 334 Warranty deed — Corporation grantee 8 334 Deed with f of the first part, and , of the second part : Whereas, by virtue of a cer- tain execution issued out of the Supreme Court, in favor of , plaintiff, against , defendant, to the said sheriff directed and de- livered, commanding him that of the goods and chattels of the said in his county, he should cause to be made certain moneys in the said execution specified, and if sufficient goods and chattels of the last-named CONVEYANCES BY DEED AND MOBTGAGE. 349 person could not be found, that then he should cause the amount of such judgment to be made of the lands, tenements, real estate, and chattels real whereof the said last-named person was seized at a certain time, in the said execution specified, as on reference to the said execution, now of record in the said Supreme Court, will more fully appear; and, whereas, because suffi- cient goods and chattels of the said last-named person in the said county could not be found, whereoi he, the said sheriff, could cause to be made the moneys specified in the said execution, he, the said sheriff, did, in obedience to the said command, levy on, take, and seize all the estate, right, title, and interest of the said last-named person , of, in, and to the lands, tenements, real estate, and premises hereinafter particularly set forth and described, with the appurtenances, and did, on the day of , 19. . ., sell the said premises at public vendue, at , in the city of , he having first given notice of the time and place of such sale by advertising the same according to law, at which sale the said premises were struck off, and sold to for the sum of dollars, he, the said , being the highest bidder, and that being the highest sum bidden for the same. Whereupon the said sheriff, after receiving from the said purchaser the said sum of money, so bidden as aforesaid, gave to said such certificate as is by law directed to be given, and a certificate of such sale was duly filed at the office of the clerk of the Supreme Court, in the county of ; and, whereas, the fifteen months after such sale, and the giving and filing of such certificate thereof have expired, without any redemption of the said premises having been made: Now, this indenture witnesseth: That the said party of the first part, as sheriff as aforesaid, by virtue of the said execution, and in pursuance of the statute in such case made and provided, for and in consideration of the sum of money above mentioned, to him in hand paid as aforesaid, the receipt whereof is hereby acknowledged, hath granted and sold, and by these presents doth grant, sell, convey, and confirm unto the said party of the second part, his heirs or assigns, all the estate, right, title, and interest of the said per- sons against whom the said execution had been issued as aforesaid, whereof, the said , was seized or possessed on the day of , 19. . . (being the day mentioned in said execution), or any time afterwards, of, in, and to all (insert description). Together with all and singular the hereditaments and appurtenances there- unto belonging, or in anywise appertaining; to have and to hold the said above-mentioned and described premises, with the appurtenances, unto the said party of the second part, his heirs and assigns forever, as fully and absolutely as the said party of the first part, sheriff as aforesaid, can, may, or ought to, by virtue of the said execution and of the statute in such case made and provided, grant, sell, and convey the same. In witness whereof, the said sheriff hath hereunto set his hand and seal, the day and year first above written. Sealed and delivered in the presence of A. B., Sheriff. (l.. e.) (Acknowledgment clause.) 350 clerk's assistant. No. 24. Deed by Committee of a Iiunatic. This indenture, made this day of , 19..., between , of the city and county of New York, committee of the person and estate of , a lunatic, of the first part, and , of the same place, of the second part, witnesseth: Whereas, by an order of the Supreme Court of the State of New York, made on the day of , 19 . . . reciting that it appeared to the said court, that the per- sonal estate of the said are insufficient for the payment of his debts, and that a sale of a portion of the real estate of the said lunatic was necessary for the payment thereof, said , as such committee, was, among other things, authorized, empowered, and directed to sell at public or private sale, subject to the approbation of the court, the premises hereinafter described, for the purpose of paying and discharging the debts of the said hmatic, and to report the terms of sale or sales made by him to the court, on oath, before any contract or deed should be executed. And, whereas, the said , as such committee, having, in pursuance of said order, on the day of , 19. . ., made his report to the court on oath, stating that he had entered into an agreement, subject to the approbation of the court, with , aforiesaid, for the sale to him of the premises hereinafter described, at and for the sum of $600, to be paid on the delivery of the deed therefor. And, whereas, by another order of the said court, on the day of , 19. . ., it was ordered that the said report and the said agreement be ratified and confirmed, and that the said committee should execute, acknowledge, and deliver to the said a good and sufficient conveyance of the tract of land so purchased by him, upon receiving the purchase money agreed to be paid therefor: Now, therefore, this indenture witnesseth: That the said party of the first part, committee as aforesaid, by virtue of the power and authority conferred upon him by the several orders above mentioned, and in pursuance of the statute in such case made and provided, and in consideration of the sum of $600, the said purchase money, to him in hand paid, at or before the enseal- ing and delivery of these presents, by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, hath granted, bar- gained, sold, remised, released, and conveyed, and by these presents doth grant, bargain, sell, remise, release, and convey unto the said party of the second part, his heirs and assigns forever, all the right, title, and interest of the said lunatic, of, in, and to all that certain (insert description). To have and to hold the said premises and every part and parcel thereof, with the appurtenances, to the said , his heirs and assigns, to his and their only and proper use, benefit, and behoof forever. In witness whereof, etc. (Acknowledgment clause.) 0. A. (l. s.) CONVEYANCES BY DEED AND MORTGAGE 351 No. 25. Deed of a Watercourse. This indenture, made this day of , 19 ... , between , of the town of , and , of the same place, witnesseth that: Whereas, the said and , 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 appurtenances, in the township aforesaid ; and, whereas, there is a dam and race, or watercourse, erected and made in and upon a certain run or stream of water, within the land of the said , for watering, overflowing, and improving meadow ground thereon; Now, this indenture witnesseth: That said for divers good causes and considerations, and in consideration of the sum of $10, to him paid by the said at or before the sealing and delivery hereof ( the receipt whereof he does hereby acknowledge ) , has granted, bargained, sold, released, and confirmed, and by these presents does grant, bargain, sell, release, and confirm unto the said , 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 aforesaid, into the said land of the said , for the space of four days in every week, to-wit, from Tuesday evening, at sunset, to Saturday evening at sun- set, from the 1st day of April to the 1st day of October, yearly, and every year, for the watering, overflowing, and improving of meadow ground on the land of the said , together with free ingress, egress, and regress, to and for the said , his heirs and assigns, and his and their work- men, with horses, carts, and carriages, at all convenient times and seasons, through the land of the said , his heirs and assigns, in and along the banks of the said dam and race or watercourse, for the amending, cleans- ing, and repairing the same, when and as often as need be or occasion require. To have and to hold all and singular the premises and privileges hereby granted or mentioned, or intended so to be, with the appurtenances, unto the said , to the only proper use and behoof of the said , his heirs and assigns forever, he or they paying one moiety or half part of the expenses which from time to time may accrue, in supporting, cleansing, and repairing the dam and watercourse aforesaid. In witness whereof, the said parties have hereto interchangeably set their hands and seals the day and year first above written. A. B. (L. s.) (Acknowledgment clause.) C. D. (l. s. ) No. 26. Corporation Deed. This indenture, made the day of , 19..., between the mayor, aldermen, and commonalty of the city of {or, the Hudson Eiver Bank, of the city of Hudson), party of the first part, and C. D., party of 352 clerk's assistant. the second part (as in the usual form of deed, to the words "in witness,'' etc., and then add), the said party of the first part hath hereunto caused their corporate seal to be affixed, and these presents to be subscribed by A. B., mayor of said city (or, president of said bank), the day and year first above written. A. B., Mayor (or. President). estate (here insert description) situated in the county of , in the State of Illinois (hereby releasing and waiving all rights under and by virtue of tlie homestead exemption laws of this State). Dated, this day of , A. D. 19. . . (Acknowledgment.) A. B. (l. s.) No. 40. Quitclaim Deed. (Id., § 10.) The grantor (here insert grantor's name or names and place of residence), for the consideration of (here insert consideration) convey and quitclaim to ( here insert grantee's name or names ) , all interest in the following described real estate ( here insert description ) , situated in the county of , in the State of Illinois (hereby releasing, etc., as in last form, No. 39). Dated, this day of , A. D. 19 . . . (Acknowledgment.) A. B. (l. s.) INDIANA. No. 41. Warranty Deed. (E. S. 1897, § 3406.) A. B. conveys and warrants to C. D. (here describe the premises), for the sum of ( here insert the consideration ) . Dated, ,19.... A. B. (l. S.) (Acknowledgment, etc., as in Form No. 44 of Acknowledgments.) No. 42. Quitclaim Deed. (Id., § 3407.) A. B. quitclaims to C. D. (here describe the premises), for the sum of (here insert the consideration). A. B. (l. s.) (Acknowledgment, etc., as in Form No. 44 of Acknowledgments.) INDIAN TERRITORY. (Follow Form No. 10.) 360 CLEEK S ASSISTANT. IOWA. No. 43. Quitclaim Seed. (McClain's Ann. Code, 1S97, § 2958.) For the consideration of dollars, I hereby quitclaim to A. B. all my interest in the following tract of real estate (describing it). In presence of C. D. M. B. ( Acknowledgment. ) No. 44. Deed in Fee-Simple without Warranty. (Id.) For the consideration of dollars, I hereby convey to A. B. the following tract of real estate (describing it). In presence of C. D. M. B. ( Acknowledgment. ) No. 45. Deed in Tee-Simple -with Warranty. (Id.) (The same as the last preceding form, adding the words, "and I warrant the title against all persons whomsoever," or, other words of warranty, as *he party may desire). tn presence of C. D. M. B. ( Acknowledgment. ) KANSAS. No. 46. Warranty Deed. (G. S. 1897, c. 117, i 3.) A. B. conveys and warrants to C. D. (here describe the premiBn), for th« sum of ( here insert the consideration ) . Dated, , 19.. . A.. B. ( Acknowledgment. ) CONVEYANCES BY DEED AND MOETGAGE. 361 No. 47. Quitclaim Seed. (Id., S 4.) A. B. quitclaims to C. D. (here describe the premises) for the sum of ( here insert the consideration ) . Dated, , 19. .. A. B. ( Acknowledgment. ) KENTUCKY. (Follow Form No. 10.) LOUISIANA. (Merrick's Rev. Civ. Code 1900, c. 1, art. 2438.) No. 47%. Sale of Property. UNITED STATES OF AMERICA, STATE OF LOUISIANA, Parish op Orleans — City of New Obleans. Be it known. That on this day of the month of , in the year of our Lord one thousand eight hundred and ninety and of the Inde- pendence of the United States of America, the one hundred and before me, a notary public, duly commissioned and qualified, in and for this city and the Parish of Orleans, therein residing, and in the presence of the witnesses hereinafter named and undersigned, personally came and appeared: (names of grantors ) , who declare, that do . . . by these presents, grant, bargain, sell, convey, transfer, assign, set over, abandon, and deliver, with all legal warranties and with full substitution and subrogation in and to iill the rights and actions of warranty which or may have against all preceding owners and vendors unto (names of grantees) here present, ac- cepting and purchasing for heirs and assigns, and acknowledging due delivery and possession thereof, all and singular the following describee! property, to-wit : ( Description of property. ) To have and to hold the above-described property unto the said purcha.ser, heirs and assigns forever. This sale is made and accepted for and in consideration of the price and sum of , in part payment and deduction whereof the said ha . . . well and truly paid, in ready and current money the sum of to the said , who hereby acknowledge . . . the receipt thereof and grant. . . full acquittance and discharge therefor. 362 cleek's assistant. And for the balance of said purchase price, to-wit: the sum of the said purchaser ha . . . furnished promissory note . . . each for th:^ sum of , dated , and payable ; which said note . . . stipulate to bear interest at the rate of per cent, per annum. from , until paid, and after having been paraphed " Ne Varietur " by me, notary, to be herewith identified, delivered to the said , who hereby acknowledge. . . the receipt thereof. The purchaser . . . hereby bind to keep the buildings on above described property constantly insured against the risk of loss, by fire, and to transfer such insurance to the present vendor or any other holder or holders of above-described note., up to the full amount of such note.. Said pur- chaser hereby authorizing said vendor, or any future holder or holders of abovi described note ... to cause said insurance to be eflFected on default at a. premium not exceeding per cent. And in case it should become necessary to institute suit for the recovery of the amount of said note.., or any part thereof, the said purchaser., hereby bind . . and obligate to pay the fees of the attorney-at-law who may be employed for that purpose, which fees are hereby fixed at per cent. on the amount sued for. And now in order to secure the full and punctual payment of the said note . . at maturity, together with all interest, costs, attorney's fees and premiums of insurance, special mortgage and vendor's lien and privilege are hereby retained and granted in favor of said vendor and of all future holder or holders of said note., on the property herein conveyed, which the said purchaser., bind.. not to sell, alienate or in any wise incumber to the prejudice of this act. And here the said purchaser. . declare. . that do. ., by these presents, consent, agree, and stipulate, that, in the event of said promissory note . . not being punctually paid at maturity, it shall be lawful for, and do. . hereby authorize the said vendor, or any other holder or holders thereof, to cause all and singular the said hereinbefore described and herein conveyed and mortgaged property to be seized and sola [after due process of law] without appraisement, to the highest bidder, payable cash. The said hereby confessing judgment in favor of said vendor, or am future holder or holders of said note. All State and city taxes up to and including the taxes due and exigible in are paid as per By reference to the certificates of the register of conveyances and recorder of mortgages in and for the parish of annexed , it does not appear that said property has been heretofore alienated by the ,■ or that it is subject to any incumbrance whatever. Thus done and passed, in my office, at the city of New Orleans, on the day,. month, and year herein first above written, in the presence of Messieurs , competent witnesses, who hereunto sign their names with the said appeares and me, notary, after reading of the whole. CONVEYANCES BY DEED AND MORTGAGE. 363 MAINE. (Follow Form No. 10.) MARYLAND. No. 48. Deed. (Code 1888, as am'd to 1898, art. 21, § .51.) This deed, made this day of , in the year 19 ... , by me (here insert the name of the grantor), witnesseth: That, in consideration of ( here insert consideration ) , I, the said , do grant unto ( here in- sert the name of grantee ) all that ( here describe the property ) . Witness my hand and seal. Test: A. B. C. D. (l. s.) No. 49. Deed by Husband and Wife. (Id.) This deed, made this day of , in the year 19. . ., by us, and , his wife, witnesseth : That, in consideration of , we, the said and his wife, do grant unto Witness our hands and seals. Test: C. D. A. B. (l. s.) C. B. (l. s.) No. 50. Deed Granting Life Estate. (Id.) This deed, made this day of , in the year 19. . ., by me, witnesseth : That in consideration of ,1, the said , do grant unto , to hold during his life and no longer. Witness my hand and seal. Test: A. B. C. D. (L. s.) MASSACHUSETTS. No. 51. (Follow Form No. 10.) Where executed by husband and wife, or either, the following clause should be inserted: • And for the consideration aforesaid, the said C. B., wife of the 364 said A. B. {or, A. B., husband of the said C. B.), etc., hereby releases unto the said party of the second part, and his heirs and assigns, all right of and to both dower and homestead [or, all estate by the courtesy) in the above- granted premises. ( Acknowledgment. ) MICHIGAN. No. 52. Warranty Deed. (Comp. L. 1897, § 9014.) A. B. conveys and warrants to C. D. (here describe tie premises), for the sum of (here insert consideration) . Dated, ,19... A. B. (l. s.) ( Acknowledgment. ) No. 53. Quitclaim Deed. (Id., § 9015.) A. B. quitclaims to C. D. (here describe the premises) for the sum of (here insert the consideration ) . Dated, ,19... A. B. (l. s.) ( Acknowledgment. ) MINNESOTA. (Follow Form No. 10.) MISSISSIPPI. No. 54. Warranty Deed. (Ann. Code 1892, § 2479.) In consideration of (here state it) I convey and warrant to the land described as ( describe it ) . Witness my signature, the day of , 19 . . . ( Acknowledgment. ) MISSOURI. (Follow Form No. 10.). CONVEYANCES BY DEED AND MORTGAGE. 365 MONTANA. No. 55. Warranty Deed. (Civil Code 1895, § 1501.) I, A. B., in consideration of dollars, now paid, grant to C. D. all the real property situated in (here insert name of county), county, State of Montana, bounded (or described) as follows: (Here insert description, or if the land sought to be conveyed has a descriptive name, it may be described by the name, as, for instance, " The Norris Ranch " ) . Witness my hand, this (insert day) day of (insert month), IB. . . (Acknowledgment.) A. B. NEBRASKA. (Follow Form No. 10.) NEVADA. (Follow Form No. 10.) NEW HAMPSHIRE. (Follow Form No. 10.) NEW JERSEY. No. 56. Warranty Deed. This indenture, made the day of , in the year of our Lord one thousand nine hundred and , between of the of , in the county of , and State of , of the first part, and of the of , in the county of and State of , witnesseth: That the said party of the first part, for and in consideration of dollars, lawful money of the United States of America, to in hand well and truly paid by the said party of the second part, at or before the sealing and delivery of these presents, the re- ceipt whereof is hereby acknowledged, and the said party of the first part therewith fully satisfied, contented and paid, ha . . . given, granted, bar- gained, sold, aliened, released, enfeofifed, conveyed, and confirmed, and by these presents do. . . give, grant, bargain, sell, alien, release, enfeoff, convey, and confirm unto the said party of the second part, and to heirs and assigns forever, all tract. . . or parcel. . . of land and premises, hereinafter particularly described, situate, lying, and being in the of , in the county of , and State of ( description ) , to- gether with all and singular, the houses, buildings, trees, ways, waters, profits, 366 cleek's assistant. privileges, and advantages, with the appurtenances to the same belonging or in anywise appertaining. Also, all the estate, right, title, interest, property, claim, and demand whatsoever, of the said party of the first part, of, in, and to the same, and of, in, and to every part and parcel thereof, to have and to hold, all and singular, the above-described land and premises, with the ap- purtenances, unto the said party of the second part, heirs and assigns, to the only proper use, benefit, and behoof of the said party of the second part, heirs and assigns forever ; and the said do . . . for heirs, executors, and administrators, covenant and grant to and with the said , party of the second part, heirs and assigns, that the said , the true, lawful and right owner. . . of all and singular the above-described land and premises and of every part and parcel thereof, with the appurtenances thereunto belong- ing ; and that the said land and premises, or any part thereof, at the time of thr sealing and delivery of these presents, are not incumbered by any mortgage judgment, or limitation, or by any incumbrance whatsoever, by which the title of the said party of the second part, hereby made or intended to be made, for the above-described land and premises, can or may be changed, charged, altered, or defeated in any way whatsoever. And also, that the said party of the first part now good right, full power, and lawful authority to grant, bargain, sell, and convey the said land and premises in manner aforesaid ; and also, that will war- rant, secure, and forever defend the said land and premises unto the said , heirs and assigns forever, against the lawful claims and demands of all and every person or persons, freely and clearly freed and discharged of and from all manner of incumbrances whatsoever. In witness whereof, the said party of the first part ha. . . hereunto set hand. . . and seal. . ., the day and year first above written. Signed, sealed and delivered in the presence of (Acknowledgment. ) NEW MEXICO. (Follow Form No. 10.) NORTH CAROLINA. (Follow Form No. 10.) NORTH DAKOTA. No. 57. Warranty Deed. (Civ. Code 1895, § 3536.) This grant, made the day of , in the year 19 ... , between A. B., of , of the first part, and C. D., of , of the second CONVEYANCES BY DEED AND MOBTOAGE. 367 part, witnesseth : That the party of the ftrst part hereby grants to the party of the second part, in consideration of dollars, now received, all the real property situated in and bounded {or, described) ui follows: (Insert description.) Witness the hand of the party of the first part. A. B. OHIO. (Follow Form No. 10.) OKLAHOMA. Xo. 58. Deed. (Stats. 1893, par. 1609.) Know all men by these presents. That I (or, we) , for an in consideration of dollars, in hand paid, do hereby sell and convey to the following real property situated in county. Territory of Oklahoma, to- wit: (Description), with all its appurtenances, and warrant the title to the same. Signed and delivered, this day of , 19. . . In presence of A. B. (L. s.) M. E. ( Acknowledgment. ) OREGON. (Follow Form No. 10.) PENNSYLVANIA. (Follow Form No. 10.) RHODE ISLAND. (Follow Form No. 10.) SOUTH CAROLINA. No. 59. Warranty Deed. (G. S., § 1775.) THE STATE OF SOUTH CAROLINA: Know all men by these presents. That I, A. B., of ^ , in the State aforesaid, have granted, bargained, sold, and released, and by these presents 368 do grant, bargain, sell, and release, unto the said C. D., all that (here de- scribe the premises), together with all and singular the rights, members, liereditaments, and appurtenances to the said premises belonging, or in any- wise incident or appertaining; to have and to hold all and singular the prem- ises before mentioned, unto the said C. D., his heirs and assigns forever. And I do hereby bind myself, my heirs, executors, and administrators, to war- rant and forever defend all and singular the said premises unto the said C. D., his heirs and assigns, against myself and my heirs, and against every person whomsoever lawfully claiming or to claim the same, or any part thereof. Witness my hand and seal, this day of , in the year of our Lord, 19. . ., and in the year of the independence of the United States of America. SOUTH DAKOTA. (Ann. S. Dak. Stats. 1899, § 4435.) (Follow Form No. 57.) TENNESSEE. No. 60. Warranty Deed. (Code 1884, § 2820.) I hereby convey to A. B. the following tract of land (describing it), and warrant the title against all persons whomsoever. Dated, ,19... CD. ( Acknowledgment. ) No. 61. Covenants of Seisin, Possession, and Special Warranty. (Id.) I covenant that I am seized and possessed of the said land, and have a right to convey it, and I warrant the title against all persons claiming under me. No. 62. Quitclaim Deed. (Id.) I hereby quitclaim to A. B. all my interest in the following land (describ- ing it). Dated, ,19... CD. ( Acknowledgment. ) CONVEYANCES BY DEED AND MOKTGAGE. 369 TEXAS. No. 63. Warranty Deed. (Rev. Stats. 1895, art. 628.) THE STATE OF TEXAS, County of Know all men by these presents, That I, , of the (give name of city, town, or county), in the State aforesaid, for and in con- sideration of dollars, to me in hand paid by , have granted, sold, and conveyed, and by these presents, do grant, sell, and convey unto the said , of the (give name of city, town, or county), in the State of , all that certain ( describe the premises ) . To have and to hold the above-described premises, together with all and singular the rights and appurtenances thereto in anywise belonging, unto the said , his heirs or assigns forever. And I do hereby bind myself, my heirs, execu- tors, and administrators, to warrant and forever defend all and singular the said premises unto the said , his heirs and assigns, against every person whomsoever, lawfully claiming or to claim the same, or any part thereof. Witness my hand, this day of , ia. . . Signed and delivered in the presence of UTAH. No. 64. Warranty Deed. (Rev. Stats. 1898, § 1981.)' A. B., grantor (here insert name or names and place of residence), herebv conveys and warrants to C. D., grantee (here insert name or names and place of residence), for the sum of dollars, the following de- scribed tract of land in county, Utah ( here describe the premises ) . Witness the hand of said grantor, this day of , A. D. 19... A. B. No. 65. Quitclaim Deed. (Id., § 1982.) A. B., grantor (here insert name or names and place of residence), hereby quitclaims to C. D., grantee (here insert name or names and place of resi- 24 370 cleek's assistant. dence), for the sum of dollars, the following described tract of land in county, Utah: (Here describe premises.) Witness the hand of said grantor, this day of , A. D. 19. A. B. VERMONT. (Follow Form No. 10.) VIRGINIA. No. 66. Warranty Deed. (Code, § 2437.) This deed, made the day of , in the year 19. . ., between (here insert names of parties), witnesseth: That, in consideration of (here state the consideration), the said doth {or, do) grant unto the said all, etc. (here describe the property and insert covenants or any other provisions). Witness the following signature and seal {or, signatures and seals). Sealed and delivered in the presence of A. B. (l. s.) CD. WASHINGTON. No. 67. Warranty Deed. (Ballinger's Ann. Codes and Stats., § 4519.) The grantor (here insert the name or names and place of residence), for and in consideration of (here insert consideration), in hand paid, convey and warrant to (here insert grantee's name or names), the following described real estate ( here insert description ) , situated in the county of , State of Washington. Dated, this day of , 19 . . . No. 68. Bargain and Sale Deed. (Id., § 4520.) The grantor (here insert the name or names and place of residence), for consideration of ( here insert consideration ) , in hand paid, bargain, sell, and convey to (here insert the grantee's name or names), the following described t'ONVEYAKCES BY DEED AND MOETGAGE. 37 i real estate (here insert description), situated in the county of , State of Washington. Dated, this day of. , 19 . . . No. 69. Quitclaim Deed. (Id., § 4521.) The grantor (here insert the name or names and place of residence), for the consideration (here insert consideration), convey and quitclaim to (here insert grantee's name or names), all interest in the following described real estate ( here insert description ) , situated in the county of , State of Washington. Dated, this day of , 19 . . . WEST VIRGINIA. No. 70. Warranty Deed. (Code 1891, c. 72, § 1.) 1 This deed, made the day of , in the year 19. . ., between (here insert names of parties), witnesseth: That in consideration of (here state the consideration), the said doth (or, do) grant unto the said all, etc. (here describe the property and insert covenants or any other provisions). Witness the following signature and seal {or, signatures and seals ).„ (Signature and seal.) WISCONSIN. No. 71. Warranty Deed. (Ann. Stats., § 2208.) A. B., grantor, of county, Wisconsin, hereby conveys and war- rants to C. D., grantee, of county, Wisconsin, for the sum of dollars, the following tract of land in county (here describe the premises). Witness the hand and seal of said grantor, this day of , 19.... In the presence of 372 clerk's assistant. No. 72. Quitclaim Deed. (Id.) A. B., grantor, of county, Wisconsin, hereby quitclaims to C. D., grantee, of county, Wisconsin, for the sum of dollars, the following tract of land in county (here describe the premises). Witness the hand and seal of said grantee, this day of , 19... In presence of WYOMING. (Rev. Stats. 1887, § 1.) (Follow Form No. 10.) MORTGAGES. New York and General Fobhs. No. 73. Mortgage. This indenture, made the day of , 19..., between , of , party of the first part, and of , party of the second part : Whereas, the said is justly indebted to the said party of the second part in the sum of dollars, lawful money of the United States, secured to be paid by his certain bond or obligation, bearing even date herewith, conditioned for the payment of the said sum of dollars, on the day of , 19 ... , and the interest thereon to be com- puted from at the rate of per centum per annum, and to be paid It being thereby expressly agreed that the whole of the said principal sum shall become due after default in the payment of any installment of principal, interest, taxes, or assessments, as hereinafter provided. Now, this indenture witnesseth: That the said party of the first part, for the better securing the payment of the said sum of money mentioned in the condition of the said bond or obligation, with interest thereon, and also fir and in consideration of one dollar, paid by the said party of the second part, the receipt whereof is hereby acknowledged, doth hereby grant and rdease unto the said party of the second part, and to his heirs (or, successors) and assigns forever (description), together with the appurtenances and all the estate and rights of the party of the first part in and to said premises. CONVEYANCES BY DEED AND MORTGAGE. 373 To have and hold the above-granted premises unto the said party of the second part, his heirs and assigns forever. Provided, always, that if the said party of the first part, his heirs, executors, or administrators, shall pay unto the said party of the second part, his executors, administrators, or assigns, the said sum of money mentioned in the condition of the said bond or obli- gation, and the interest thereon, at the time and in the manner mentioned in the said condition, that then these presents, and the estate hereby granted, shall cease, determine, and be void. And the said party of the first part covenants with the party of the second part as follows: 1. That the said party of the first part will pay the indebtedness, as herein- before provided, and if default be made in the payment of any part thereof, the party of the second part shall have power to sell the premises therein described according to law. 2. That the said party of the first part will keep the buildings on the said premises insured against loss by fire for the benefit of the mortgagee. 3. And it is hereby expressly agreed that the whole of said principal sum shall become due at the option of the said party of the second part after de- fault in the payment of anj' installment of principal or of interest for \ . days, or after default in the payment of any tax or assessment for days after notice and demand. In witness whereof, the said party of the first part hath hereunto set his hand and seal, the day and year first above written. In the presence of (Acknowledgment clause.) No. 74. Kortgage — Another Form. (Gen. L., c. 46, § 274.) This indenture, made this day of , in the year of our Lord, 19 ... , between , of the first part, and , of the second part, witnesseth: That the said part. . . of the first part, in considera- tion of the sum of dollars, in hand paid, receipt whereof is hereby acknowledged, ha. . . sold and by these presents do. . . grant and convey to the said part. . . of the second part, heirs and assigns, all that * .This grant is intended as a security for the payment of the sum of , according to the conditions of a bond this day executed and de- livered by the said to the said part ... of the second part ; and this conveyance shall be void if such payment be made as herein specified. And in case default shall be made in the payment of the principal sum hereby intended to be secured, or in the payment of the interest thereof, or any part of such principal of interest, as above provided, it shall be lawful for the pa-rty of the second part, executors, administrators, or assigns, at any time thereafter to sell the premises herebj; granted, or any part thereof, in the manner prescribed by law, and out of all the moneys arising f rori such sale to retain the amount then due for principal and interest, together 374 clerk's assistant. with the costs and charges of making such sale, and the overplus', if any there be, shall be paid by the party making such sale, on demand, to the said , heirs or assigns. In witness whereof, the part ... of the iirst part ha . . . hereunto set hand . . and seal . . , the day and year first aboye written. Sealed and delivered in the presence of (Acknowledgment clause.) No. 75. Mortgage, Interest Clause — Short rorm. This indenture, made the day of , 19..., between , of , part... of the first part, and , of , part ... of the second part : Whereas, the said is justly indebted to the said part ... of the second part in the sum of dollars, lawful money of the United States, secured to be paid by . . h . . . certain bond or obligation, bearing even date herewith, conditioned for the payment of the said sum of dollars, on the day of , 19. . ., and the interest thereon to be computed from at the rate of per centum per an- num, and to be paid It being thereby expressly agreed that the whole of the said principal sum shall become due after default in the payment of interest, taxes, or assess- ments, as hereinafter provided. Now, this indenture witnesseth: That the said part. . . of the first part, for the better securing the payment of the said sum of money mentioned in the condition of the said bond or obligation, with interest thereon, and also for and in consideration of one dollar paid by the said part. . . of the second part, the receipt whereof is hereby acknowledged, do. . . grant and release unto the said part... of the second part and to ..h... heirs (or, successors) and assigns forever, . ! Together with the appurtenances and all the estate and rights of the part. . . of the first part in and to said premises. To have and to hold the above-granted premises unto the said part ... of the second part, . . h . . . heirs and assigns forever. Provided, always, that if the said part... of the first part, ..h... heirs, executors, or administrators, shall pay unto the said part ... of the second part, . . h . . . executors, administrators, or assigns, the said sum of mon^ mentioned in the condition of the said bond or obligation, and the interest thereon, at the time and in the manner mentioned in the said condition, that then these presents, and the estate hereby granted, shall cease, determine, and be void. And the said part ... of the first part covenants with the part ... of the second part as follows: Fir?t. That the part. . . of the first part will pay the indebtedness, as here- inbefore provided, and if default be made in the payment of any part thereof, CONVEYANCES BY DEED AND MOETGAGE. 375 the part. . . of the second part shall have power to sell the premises therein described, according to law. Second. And it is hereby expressly agreed that the whole of said principal sum shall become due at the option of the said part ... of the second part after default in the payment of any installment of the principal or after de- fault in the payment of interest for days, or after default in the payment of any rent or other charge made payable in and by said inden- ture of lease for days, or after default in the payment of any tax oi assessment for days after notice and demand. In witness whereof, the said part ... of the first part ha . . . hereunto set . . h . . . hand . . and seal . . , the day and year first above written. In the presence of (Acknowledgment clause.) No. 76. Uortgage, Interest Clause. (Gen. L., c. 46, § 274.) This indenture, made this day of , in the year ot our Lord, 19. . ., between , of the first part, and of the second part, witnesseth: That the said part... of the first part, in con sideration of the sum of dollars, to duly paid, ha. . . granted, bargained, sold, and conveyed, and by these presents do. . . grant, bargain, sell, and convey to the said part. . . of the second part, and to heirs and assigns forever, all , with the appurte- nances, and all the estate, title, and interest of the said part. . . of the first part therein: to have and to hold the same to the said part. . . of the second part, heii>. and assigns forever. Provided, always, and tV.e^e presents are on this express condition, that if the said , heirs, executors, or administrators shall well and truly pay, or cause to be paid, to the part. . . of the second part, certain attorney, heirs, executors, administrators, or assigns, the sum of dollars, according to the condition of a certain bond or writing obligatory, bearing even date here- with, executed by the said to the said part ... of the second part, which said sums the said hereby covenant ... to pay, then these presents shall cease and be void. And it is hereby expressly agreed, that should any default be made in the payment of the said interest or of any part thereof, on any day whereon the same is made payable as above ex- pressed, and should the same remain unpaid and in arrear for the space of days, then, and from thenceforth, that is to say, after the lapse of the said days, the aforesaid principal sum, with all arrearage of interest thereon, shall, at the option of the said obligee, assigns or legal representatives, become and be due and payable immediately there after, although the period first above limited for the payment thereof may not then have expired, anything hereinbefore contained to the contrary 376 cleek's assistant. thereof in anywise notwithstanding. And, in case default shall be made in the payment of the principal sum hereby intended to be secured, or in the payment of the interest thereof, or any part of such principal or interest, as above provided, then the said part ... of the second part, ■ . execu- tors, administrators, or assigns are hereby authorized, pursuant to statute, to sell the premises above granted, or so much thereof as will be necessary to satisfy the amount then due, with the costs and expenses allowed by law, rendering the overplus, if any there may be, to the said heirs, executors, administrators, or assigns. In witness whereof, the said part. . . of the first part ha. . . hereunto set hand. . . and seal. . ., the day and year first above writtea. Sealed and delivered in the presence of (Acknowledgment clause.) No. 77. Hortgage, Insurance Clause. (Id.) This indenture, made this day of , in the year of our Lord, 19. . ., between , of the first part, and of the second part, witnesseth: That the said part. . . of the first part, in consider- ation of the sum of dollars, by these presents do . . . grant and convey to the said part ... of the second part, heirs and assigns, all that or parcel of land situate in the ; this grant is intended as a security for the payment of the sum of •. . dollars, according to the condition of a bond this day executed and delivered by the said to the said part ... of the second part : and this conveyance shall be void if such payment be made as herein specified. And in case de- fault shall be made in the payment of the principal sum hereby intended to be secured, or in the payment of the interest thereof, or any part of such principal or interest, as above provided, it shall be lawful for the party of the second part, executors, administrators, or assigns, at any time thereafter to sell the premises hereby granted, or any part thereof, in the man- ner prescribed by law, and out of all the moneys arising from such sale to retain the amount then due for principal and interest, together with the costs and charges of making such sale; and the overplus, if any there be, shall be paid by the party making such sale, on demand, to the said , heirs or assigns. And it is also agreed, by and between the parties to these presents, that the said part. . . of the first part shall and will keep the buildings erected and to be erected upon the lands above conveyed, insured against loss and dam- age by fire, by insurers, and in an amount approved by the said party of the second part, for at least $ , and assign the policy and certificate thereof to the said party of the second part; and in default thereof, it shall be lawful for the said party of the second part to effect such insurance as CONVEYANCES BY DEED AND MORTGAGE. 377 mortgagee or otherwise, and the premium or premiums paid for eiTeoting and continuing the same shall be a lien on the said mortgaged premises, added to the amount secured by these presents, and payable on demand, with interest at the rate of per cent, per annum. In witness whereof, the part ... of the first part ha . . . hereunto set hand. . . and seal. . ., the day and year first above written. Sealed and delivered in the presence of ( Acknowledgment clause. ) No. 78. Mortgage, Insurance Clause — Short Form. This indenture, made the day of , 19 . . ., between of , part ... of the first part, and of , part ... of the second part : Whereas, the said is justly indebted to the said part ... of the second part in the sum of dollars, lawful money of the United States, secured to be paid by . . h . . . certain bond or obligation, bearing even date herewith, conditioned for the payment of the said sum of dollars, on the day of , 19. . ., and the interest thereon, to be computed from at the rate of per centum per annum, and to be paid It being thereby expressly agreed that the whole of the said principal sum shall become due after default in the payment of interest, taxes or assess- ments, as hereinafter provided. Xow, this indenture witnesseth: That the said part. . . of the first part, for the better securing the payment of the said sum of money mentioned in the condition of the said bond or obligation, with interest thereon, and also for and in consideration of one dollar paid by the said part. . . of the second part, the receipt whereof is hereby acknowledged, do. . . hereby grant and release unto the said part ... of the second part and to . . h . . . heirs ( or, successors ) and assigns forever. Together with the appurtenances and all the estate and rights of the part. . . of the first part in and to said premises. To have and to hold the above-granted premises unto the said part... of the second part, . . h . . . heirs and assigns forever. Provided, always, that if the said part. . . of the first part, . .h. . . heirs, executors, or administrators, shall pay unto the said part. . . of the second part, . .h. . . executors, administrators, or assigns, the said sum of money mentioned in the condition of the said bond or obligation, and the interest thereon, at the time and in the manner mentioned in the said condition, that then these presents, and the estate hereby granted, shall cease, determine and be void. And the said part. . . of the first part covenants with the part. . . of the second part, as follows: 378 clekk's assistant. First. That the part ... of the first part will pay the indebtedness as here- inbefore provided, and if default be made in the payment of any part thereof, the part. . . of the second part shall have power to sell the premises therein described, according to law. Second. That the part. . . of the first part will keep the buildings on the said premises insured against loss by fire for the benefit of the mortgagee. In witness whereof, the said part. . . of the first part ha. . . hereunto set . . h . . . hand . . . and seal . . . , the day and year first above written. In the presence of (Acknowledgment clause.) No. 79. Mortgage, Interest and Insurance Clauses. (Id.) This indenture, made this day of , in the year of our Lord, 19. . ., between , of the first part, and , of the second part, witnesseth : That the said part ... of the first part, in consider- ation of the sum of dollars, to duly paid, ha . . . granted, bargained, sold and conveyed, and by these presents do. . . grant and convey to the said part. . . of the second part, heirs and assigns, all This grant is intended as a security for the payment of the sum of dollars, according to the condition of a bond this day executed and delivered by the said to the said part ... of the second part ; and this conveyance shall be void if such pay- ment be made as herein specified. And in case default shall be made in the payment of the principal sum hereby intended to be secured, or in the payment of the interest thereof, or any part of such principal or interest, as above provided, it shall be lawful for the part ... of the second part, executors, administrators, or assigns, at any time thereafter, to sell the premises hereby granted, or any part thereof, in the manner pre- scribed by law, and out of all the moneys arising from such sale to retain the amount then due for principal and interest, together^ with the costs and charges of making such sale, an;. 338.) ^As in No. 80 to the *, then as follows : ) And the party of the first part covenants and agrees with the party of the second part: 1. That the party of the first part will pay the indebtedness, as provided herein, and if default be made in the payment of any part thereof, the party of the second part shall have power to sell the premises herein described, according to law.* 2. That the party of the first part will keep the buildings on the premises herein described insured against loss by fire, for the benefit of the party of the second part.B 3. That the party of the first part will pay the rent and other charges mentioned in and made payable by said indenture or lease within days after said rent or chargesS are payable. * These words " must be construed as meaning that the mortgagor or obligor shall well and truly pay unto the mort- gagee or obligee the said sum of money mentioned In the condition of the said bond or obligation, and the interest thereon, according to the condition of the said bond or obligation. And if de- fault shall be made in the payment of the said sum of money therein men- tioned, or In the Interest which shall accrue thereon, or of any part of either, that then and from thenceforth It shall be lawful for the said mortgagee or ob- ligee, his legal representative or assigns, to sell, transfer, and set over all the rest, residue, and remainder of the said term of years then yet to come, and all other, the right, title, and Interest of the said mortgagor or obligor of, in, and to the same, at public auction, according to the act In such case made and pro- vided. And as the attorney of the said mortgagor or obligor for that purpose by these presents duly authorized, consti- tuted and appointed, to make, seal, exe- cute and deliver to the purchaser or purchasers thereof, a good and sufficient assignment, transfer, or other conveyance in the law, for the said premises, witb the appurtenances; and out of the money arising from such sale, to retain the principal and interest which shall then be due on the said bond or obligation, together with the costs and charges of advertisement and sale of the said prem- ises, rendering the overplus of the pur- chase money (if any there shall be) unto the said mortgagor or obligor, his legal representatives or assigns; which sale, so to be made, shall forever be a per- petual bar, both In law and eqnity, against the said mortgagor or obligor, and against all persons claiming or to claim the premises or any part thereof, by, from, or under him or them, or any of them." L. 1898, e. 338. ' These words " must be construed as meaning that the said mortgagor or obligor shall and will keep the buildings erected and to be erected upon the lands above conveyed. Insured against loss and damage by fire, by insurance, and In an amount approved by the said mortgagee or obligee and his assigns, and eithei assign the policy and certificates thereof or have such insurance made payable to the said mortgagee or obligee or his as- signs, and In default thereof It shall be lawful for the said mortgagee or obligee and his assigns to eCCect such Insurance, and the premium and premiums paid for efCectlng the same shall be a lien upon said mortgaged premises, added to the amount of said bond or obligation, and secured by these presents, and payable on demand, with legal Interest." L. 1898, c. 388. "These words "must be construed as meaning that the said mortgagor or ob- ligor and his legal representatives and assigns, will pay or cause to be paid and discharged all rent and rents mentioned in and made payable by the Indenture 382 CLEBK S ASSISTANT. 4. And it is hereby expressly agreed that the whole of the said principal sum shall become due at the option of the party of the second part, after de- fault in the payment of any installment of principal or after default in the payment ^of interest for days, or after default in the payment of any rent or other charge made payable in and by said indenture of lease for days, or after default in the payment of any tax or assess- ment for . . r. days after notice and demand.T In witness whereof, etc. No. 82. Mortgage for Purchase Honey. (Insert immediately after the description in either of the foregoing mort- gages the following : ) Being the same premises this day conveyed by the said C. D. to the said A. B., and these presents are given to secure the payment of (part of) the consideration money of the said premises. (P. S. — When the mortgage is given for the purchase money, or a part of the purchase money, it is not necessary that the wife join in the mortgage.) of lease aforesaid, and also all taxes, assessments, or other charges that now are a Hen, or hereafter shall or may be levied, assessed, or Imposed and become a Hen npon the premises above described, or any part thereof; and in default thereof, for the space of after such taxes or assessments or after the said rent or rents, or any of them, shall have become due and payable by the terms of said lease or by law, then and In each and every such ease the said mortgagee or obligee, his legal representatives or assigns, may, at op- tion, and without notice, pay such rent or rents, taxes, assessments, or other charges and expenses, and the amouat so paid, and Interest thereon from the time of such payment, shall forthwith be due and payable from the said mort- gagor or obligor, his legal representa- tives or assigns, to the said mortgagee or obligee, his legal representatives or assigns, and shall be deemed to be se- cured by these presents, and shall be collectible lu the same manner, and at the same time, and upon the same condi- tions as the interest then next maturing upon the principal sum hereinbefore mentioned." L. 1898, c. 338. ' These words " must be construed as meaning that should any default be made in the payment of any Installment of principal or any part thereof,' or of said Interest or any part thereof, or of any rent or other charge made payable In and by said indenture of lease, on any day whereon the same is made pay- able, or should any tax or assessment, which now is or may be hereafter im- posed upon the premises hereinafter de- scribed become due and payable, and should the said interest, rent, or other charge aforesaid, remain unpaid and in arrear for the space of days, or such tax or assessment remain unpaid and in arrear for days after written notice by the mortgagee or obli- gee, his executors, administrators, or assigns, that such tax or assessment is unpaid, and demand for the payment thereof, then and from thenceforth, that is to say, after the lapse of elth^ one of said periods, as the case may ^, the aforesaid principal sum, with all arrear- age of interest thereon, rent, and other charges paid by the mortgagee or obli- gee, shall, at the option of the said mort- gagee, obligee, his executors, administra- tors, or assigns, become and be due and payable immediately thereafter, although the period above limited for the payment thereof may not then have expired, any- thing thereinbefore contained to the con- trary thereof in anywise notwithstand- ing." L. 1898, u. 338. CONVEYANCES BY DEED AND MORTGAGE. 383 No. 83. Mortgage to Secure Note. (As in No. 74 to the *, and then as follows:) This conveyance is intended to secure the payment of a certain promissory note or any note given in renewals thereof; said note was given by the said party of the first part to the said party of the second part for the sum of $500, bearing date , 19..., and payable one year from date thereof, with interest; and if the amount of said note, principal and interest, and all notes given in renewal thereof, shall be paid at maturity, then these presents shall become void; but if default shall be made in the payment of the said note or the notes given in renewal thereof, or any part thereof (or, in keeping said premises insured, and the policy assigned, as herein cove- nanted for), then the said party of the second part and his assigns are hereby authorized, pursuant to statute, to sell the premises above granted, or so much thereof as will be necessary to satisfy the amount hereby secured, with costs and expenses allowed by law, rendering the surplus, if any there may be, to the said parties of the first part, their heirs and executors, ad- ministrators, or assigns. In witness, etc. (Acknowledgment clause.) No. 84. Mortgage to Secure Indorser. (As in No. 74 to the *, and then as follows: ) Whereas, the said party of the second part, at the request of the said party of the first part, and for his benefit, has on the day of the date hereof in- dorsed a certain promissory note made by the said party of the first part for the sum of $600, bearing even date herewith, payable one year from date: Now, therefore, this conveyance is intended to secure the party of the sec- ond part for all principal and interest money, costs, and expenses which he may be compelled to pay in consequence of the failure of the said party of the first part to pay and take up said note at maturity, or any note which may be given in renewal of the same and which may be indorsed by said party of the second part; and if the amount of the said note, principal and in- terest, shall be paid at maturity, or of all notes which may be given in re- newal of the same, shall ba paid, and the said party of the second part saved harmless therefrom, then these presents shall become void; but if default shall be made by the said party of the first part in the payment of the said sum of money, or any part thereof, and the same be paid by or collected of the party of the second part, the said party of the first part doth hereby author- ize and empower the said party of the second part, his heirs and assigns, pursuant to the statute, to sell the said premises hereby granted, or so much 384- thereof as will be necessary to satisfy the amount so necessarily paid by him, with the costs and expenses allowed by law; rendering the surplus, if any there may be, to the said parties of the first part, their heirs and executors, administrators, or assigns. In witness, etc. ( Acknowledgment clause. ) No. 85. KCortirage on Lease. (L. 1898, c. 338.) This indenture, made the day of , in the year one thousand hundred and , between of ( insert residence), of the first part, and , of (insert residence), of the second part: Whereas, did, by a certain indenture of lease, bear- ing date the day of , in the year one thousand , demise, lease, and to farm let unto and to executors, administrators, and assigns, all and singular the premises hereinafter men- tioned and described, together with their appurtenances; to have and to hold the same unto the said and to executors, adminis- trators, and assigns, for and during and until the full end and term of years, from the day of , one thousand , fully to be complete and ended, yielding and paying therefor unto the said and to or assigns, the yearly rent or sum of dollars. And, whereas, the said part. . . of the first part justly indebted to tne said part ... of the second part, in the sum of , dollars, lawful money of the United States of America, secured to be paid by certain bond or obligation, bearing even date herewith, conditioned for the payment of the, said sum of dollars, on the day of , one thousand , and the interest thereon to be com- puted from , at the rate of per centum per annum, and to be paid It being expressly agreed that the whole of said principal sum shall become due at the option of the mortgagee or obligee after default in the payment of interest, taxes, or assessment or rents hereinafter provided. Now, this indenture witnesseth: That the said part. . . of the first part, for the better securing the payment of the said sum of money mentioned in the condition of the said bond or obligation, with interest thereon, and also for and in consideration of the sum of one dollar, paid by the said part ... of the second part, the receipt whereof is hereby acknowledged, doth grant and release, assign, transfer, and set over unto the said part. . . of the second part, and to his heirs (or, successors) and. assigns forever. (Description.) COXVEYANCES BY DEED AND MORTGAGE. 385 Together ■with the appurtenances and all the estate and rights of the part. . . of the first part, of, in, and to said premises, under and by virtue of the aforesaid indenture of lease.8 To have and to hold the said indenture of lease and renewal, and the above-granted premises, unto the said part. . . of the second part, his heirs and assigns, for and during all the rest, residue, and remainder of the said term of years yet to come and unexpired, in said indenture of lease and in the renewals therein provided for, subject, nevertheless, to the rents, cove- nants, conditions, and provisions in the said indenture of lease mentioned. Provided, always, that if the said part. . . of the first part shall pay unto the said part ... of the second part the said sum of money mentioned in the condition of the said bond or obligation, and the interest thereon, at the time and in the manner mentioned in the said condition, that then these presents and the estate hereby granted shall cease, determine, and be void. And the said part ... of the first part covenant . . . With the said part ... of the second part as follows: First. That the part. . . of the first part will pay the indebtedness as hereinbefore provided. And if default shall be made in the payment of any part thereof, the said part. . . of the second part shall have power to sell the premises therein described according to law. Second. That the said premises are now free and clear of all incumbrances whatsoever, and that ha . . . good right and lawful authority to convey the same in manner and form hereby conveyed. Third. That the part. . . of the first part will keep the buildings on the said premises insured against loss by fire, for the benefit of the mortgagee. Fourth. That the part. . . of the first part will pay the rents and other charges mentioned in and made payable by said indenture of lease within days after said rent or charges are payable. Fifth. And it is hereby expressly agreed, that the whole of the said prin- cipal sum shall become due at the option of the said mortgagee or obligee after default in the payment of any installment of principal, or after de- fault in the payment of interest for days, or after default in the payment of any rent or other charge, made payable by said indenture of lease for days, or after payment of any tax or assessment for , after notice and demand. ' These words " must be eonstraed as equity, of the said mortgagor or obligor, meaning, together with all and singular of. In, and to the said demised premises, the edifices, buildings, rights, members, and every part and parcel thereof, with privileges and appurtenances thereunto the appurtenances; and also the said in- belonging or in anywise appertaining; denture of lease, and the renewal therein and also all the estate, right, title. Inter- provided for, and every clause, article, est, term of years yet to come and un- and condition therein expressed and con- expired, property, possession, claim and talned." L. 1898, i:. 338. demand whatsoever, as well In law as In 25 386 clerk's assistant. In witness whereof, the said part. . . of the first part to these presents ha . . . hereunto set hand . . . and seal . . . , the day and year first above written. Sealed and delivered in the presence of ( Acknowledgment. ) No. 86. Kortgage to Secure Bond Issue of Manufacturing Corporation. This indenture, made this day of , in the year of our Lord, one thousand nine hundred and Between the Company, a corporation organized under the laws of the State of , and having its principal place of business in the city of , in said State, hereinafter called " the Bank Note Com- pany," party of the first part, and The Trust Company, a corpo- ration duly organized under the laws of the State of New York, and authorized by law to accept and execute trusts, and having its principal office in the city of New York, in said State of New York, and hereinafter called " the Trustee," party of the second part : Whereas, on the day of , 19 . . . , the board of directors of the Bank Note Company, at a regularly convened meeting thereof, at which a quorum was present, duly authorized the issue of its bonds to the amount of one hundred thousand dollars, to be secured by a mortgage or deed of trust upon the property hereinafter described, which bonds were to be each for the sum of one thousand dollars, and numbered consecutively from 1 to 100, inclusive, and were to be substantially in terms and form as follows: UNITED STATES OF AMERICA. State op Company. No $1,000.00 Sis Per Cent. Sinking Fund Gold Bond. For value received, the Company, a corporation organized under the laws of the State of , promises to pay to the bearer of this bond, or, if registered, to the registered owner thereof, at the office of The Trust Company, in the city of New York and State of New York, on the 1st day of , 19. . ., one thousand dollars in gold coin of the United States, of the present standard of weight and fineness, with in- terest thereon in like gold coin at the rate of 6 per cent, per annum, from the day of , 19. . ., payable at the office of said trust com- pany semi-annually on the 1st day of and the 1st day of in each year, upon presentation and surrender of the annexed coupons as they severally become due, both said principal and said interest to be paid without deduction for any tax or taxes under any present or future act of the United States or any of the States thereof. This bond CONVEYANCES BY DEED AND MORTGAGE. 387 is one of a series of bonds numbered consecutively from 1 to 100, inclusive, each for the sum of one thousand dollars, all of like tenor and date, the payment whereof is secured by a mortgage or deed of trust of even date herewith, duly executed and delivered by the Company to The Trust Company, as trustee, and duly recorded, conveying to said trustee the leasehold rights and interest of the said Bank Note Company, in the building on the corner of street and avenue, in the city of , , as more particularly specified in said mortgage or deed of trust, in trust to secure payment of said bonds and interest. If default shall be made in any installment of interest upon this bond, when such interest shall become due and be demanded, and such de- fault shall continue for thirty days after such demand, and upon certain other contingencies in said mortgage specified, the principal of this bond may be declared due and payable in the manner provided in said mortgage or deed of trust. This bond shall pass by delivery unless registered, and if registered, by transfer on the books of said trust company, but shall not become obliga- tory until the certificate indorsed hereon shall be signed by the trustee. After registration, no transfer except upon said books shall be valid unless the last transfer shall have been to bearer, which shall restore transfera- bility by delivery; but this bond shall continue subject to successive regis- trations and transfers to a party named or to bearer as aforesaid, at the option of the holder. This bond is subject, as to its date of payment, to the sinking fund pro- visions of said mortgage or deed of trust, under which five of this series of bonds are redeemable on the 1st day of December of each year, at 2 per cent, premium and accrued interest during the first ten years, and there- after at par and accrued interest. The bonds to be redeemed each year will be selected by lot under the supervision of the trustee, and notice of such redemption, specifying the number of each bond to be redeemed, will be given by advertisement in one issue of a newspaper published in New York at least thirty days prior to the date of redemption; and written notice of such intention to redeem will be given to such bondholders holding bonds which have been drawn for redemption, as shall furnish the trustee with their address. Interest upon bonds, redeemable under any provision of said mort- gage, shall cease on the day appointed for such redemption. The Bank Note Company has also the right to redeem all outstanding bonds at 5 per cent, premium and accrued interest at any semi-annual interest period after the 1st day of December, 19 ... , on giving three months' notice of intention to so redeem by advertisement, in the manner provided in said mortgage, and notice by mail to those bondholders who may have furnished their addresses to the trustee. In witness whereof, the said Company has caused its corpo- rate name to be hereunto signed by its president, and its corporate seal to be hereunto affixed, attested by its secretary, and has also caused the coupons 388 clerk's assistant. hereto annexed to be duly numbered and authenticated by the engraved signature of its secretary this day of , 19 . . . Company. By Attest: , President. , Secretary. Form of Coupon. Company will pay to the bearer, at the office of The Trust Company, in the city of New York, and State of New York on the day of , 19. . ., thirty dollars in gold coin of the United States, of the present standard of weight and fineness, being six months' interest on its mortgage bond No , Secretary . Form of Trustee's Certificate. The Trust Company hereby certifies that the within bond is one of a series of bonds numbered from 1 to 100, inclusive, described in the within-mentioned mortgage or deed of trust, and that fifty of these bonds have been retained by said trust company for the purpose of retiring $50,000, secured by first mortgage of the property described in the said within-raen- tioned mortgage or deed of trust. The Tktjst Company, By , President. Now, therefore, this indenture witnesseth : That the Company, the party of the first part, in consideration of the premises and of the sum of $1 to it in hand paid by The Trust Company, the party of the second part hereto, the receipt whereof is hereby acknowledged, and in order to secure the payment of the principal and interest of the bonds afore- said to be issued, as herein recited and provided, and every part of said prin- cipal and interest as the same shall become payable, according to the tenor of said bonds and of the coupons or interest warrants thereto attached, has granted, bargained, sold, aliened, released, conveyed, and confirmed, and by these presents does grant, bargain, sell, alien, release, convey, and confirm unto the said The Trust Company, the party of the second part hereto, its successors and assigns, the leasehold interest and estate, for the term of ninety-nine years from the 21st day of December, 1889, in all those certain lots, pieces, or parcels of land situate, lying, and being in the city of , county of , and State of , known and described as follows: (Description of land; also of personal property, patents, fran- chises, or any other property or rights covered by mortgage), together with all and singular the buildings and improvements now standing or hereafter to be erected or made thereon, and the tenements, hereditaments, and appur- tenances thereunto belonging, or in any way appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, CONVEYANCES BY DEED AND MOBTGAGE. 389 and an furnaces, plumbing, gas fixtures, gas; or water pipes, and steam-heat- ing apparatus, in, or that may be placed in, any building now or hereafter standing on said land ; and also all the estate, right, title, interest, property, possession, claim, and demand whatsoever, as well in law as in equity, of the party of the first part of, in, and to the same, and every part and parcel thereof with the appurtenances. To have and to hold the above-granted, bargained, and described leasehold of said premises, with the appurtenances, rents, and income, unto the said The Trust Company, the party of the second part hereto, its suc- cessors and assigns, for the entire remaining and unexpired portion of the said term of ninety-nine years, in trust, nevertheless, for the uses and pur- poses herein set forth. And it is hereby declared that the trust, uses, purposes, agreements, and conditions upon which the leasehold premises and appurtenances aforesaid are conveyed and are to be had, held, and disposed of by the trustee, and subject to which agreements and conditions the bonds secured hereby are is- sued to, and are to be held by, each and every holder of said bonds, are as follows, that is to say: First. After the execution and delivery of this indenture, the Bank Note Company shall be entitled to make and execute, and the trustee shall, upon the written requisition of the president of the Bank Note Company, certify and deliver to the Bank Note Company, from time to time, the first fifty of said bonds, aggregating in all the principal sum of $50,000. The requisition above mentioned shall be under the Bank Note Company's corporate seal, and shall be accompanied by a duly certified copy of the resolution of the Bank Note Company's board of directors authorizing the same. None of said bonds shall be valid unless authenticated by the certificate indorsed thereon, signed by its trustee; but such certificate shall not be taken or construed as a, rep- resentation or warranty by the trustee as to the validity, effect, or security of this mortgage; and upon the authentication of said bonds, or any of the same. and the delivery thereof by the trustee to the Bank Note Company, or upon the Bank Note Company's order, the trustee shall be in no respect liable or answerable for the uses made of said bonds or any or either of the same. The above-mentioned requisition and certified copy of resolution shall be full authority to the trustee for such authentication, certification, and de- livery. Second. The remaining fifty of said bonds, aggregating in all the sum of $50,000 in principal, shall be certified and delivered from time to time by the trustee in exchange for the bonds now secured by a first mortgage and deed of trust on the property herein described to the Trust Company hereinafter referred to; such first mortgage bonds being fifty in number, each for the sum ot $1,000, and aggregating the principal sum of $50,000. Upon the delivery ot each such first mortgage bond to the trustee, the trustee shall deliver in exchange for the same one of said remaining fifty bonds issued under this mortgage, cutting off all matured coupons therefrom, and ad- justing any difference in interest that may exist between the two bonds so 390 cleek's assistant. exchanged; provided, however, that In case such adjustment of interest shall involve the payment of any money by the trustee, it shall not be bound to pay the same until it shall have been put in funds for that purpose by the Bank Note Company. All of the first mortgage bonds which may be delivered to the trustee shall be forthwith canceled by the trustee, and when all have been so received and canceled and the said first mortgage shall have been discharged and satisfied of record, the said canceled bonds shall be delivered to the Bank Note Company. Third. On the last Monday of October in each year, until all of the bonds hereby secured shall have been paid and retired, there shall be drawn by lot under the supervision of the trustee, five of the then outstanding and unpaid bonds under this mortgage for redemption, on the 1st day of December fol lowing such drawing. At least thirty days before the day appointed for the redemption of the bonds drawn at each drawing, the trustee shall notify the holders of such bonds so drawn by the publication of such notice in one issue of some daily paper then publishing in the city of New York, and also by written notice to such of the holders of the bonds so drawn as shall have theretofore furnished their address to the trustee, such written notice to be transmitted by mail addressed to such holders at the address furnished above, as aforesaid; but the trustee will not be responsible or liable, either to the Bank Note Company or the holders of any of the bonds issued hereunder, ' either for failure to insert such advertisement or give such written notice, or for any defect in such advertisement or notice. At least forty days prior to the date appointed for redemption in each year, the Bank Note Company shall pay to the trustee the amount required to redeem the bonds drawn for redemption in that year, and unless the Bank Note Company shall make such payment at the time herein provided, the trustee will not be bound to give notice of such redemption, either by advertisement or written notice. Upon all bonds redeemed under this provision during the first ten years, expiring on and including the first day of , nineteen hundred and , the Bank Note Company will pay 2 per cent, premium, together with all in- terest due on said bond up to the time of redemption. All bonds so redeemed after the said period of ten years, will be paid at par, with all interest due on such bonds up to the time of redemption; provided, however, that after the expiration of the said period of ten years, the Bank Note Company may at any time elect to pay at any interest period the entire bonds then out- standing under this mortgage, at 5 per cent, premium, with interest to date of redemption; in which case the Bank Note Company shall deposit with the trustee the amount required to redeem such outstanding bonds, includ- ing principal, interest, and premium, at least four months before the in- terest period or day on which such redemption is to take place, and the trus- tee shall thereupon give notice to the bondholders by advertisement once » week for three successive weeks, in some daily newspaper published in the city of New York, the first of such advertisements to be published at least three months before the date appointed for redemption; and shall also give, before or at the time of the first publication of such advertisement, written CONVEYANCES BY DEED AND MORTGAGE. 391 notice to such of the bondholders as shall have furnished their addresses to the trustee by mail to sucb address as hereinbefore provided ; but the trustee shall not be responsible or liable either to the Bank Note Company or any of the bondholders either for failure to insert such advertisement or give such written notice, or for any defect or omission in such advertisement or notice. And from and after the day appointed for redemption of any bonds redeemable under any of the provisions of this clause or paragraph (due no- tice having been given thereof as herein provided), interest shall cease upon such bonds so redeemable; and the Bank Note Company shall, with respect to such redeemable bonds, become and be discharged of all obligation or lia- bility by the deposit, as herein provided, with the trustee of the amount re- quired under the provisions hereof, to take up such redeemable bonds; and the trustee shall, from the time herein provided for redemption, hold such deposit for the benefit of the bondholders, entitled thereto and payable to them on demand without interest. Fourth. Until default shall be made by the Bank Note Company in the payment of the interest or principal of said bonds, or of some of the same, or payment of some tax, water rate, or other charge or incumbrance against said property (including therein the principal and interest to become due on the first mortgage hereinafter referred to, and the ground rent payable under the lease hereinbefore referred to) ; or in the performance of any cove- nant or provision in the said ground lease contained which would entitle the ground landlord to take eviction or other proceedings therefor ; or in pay- ment of any insurance premium or keeping on foot of the insurance herein provided for; or in the perfoi-manee of any other of the agreements, cove- nants, or provisions hereof binding upon the said Bank Note Company, and until any such default, as aforesaid, shall have continued for a period of thirty days, the Bank Note Company shall be suffered and permitted to pos- sess, manage, use, and enjoy the said hereinbefore-described premises, and to receive all the rents, income, and profits thereof. Fifth. In case of refusal or neglect of the Bank Note Company, its suc- cessors or assigns, to insure or assign any policy of insurance as hereinafter provided, or to pay taxes or assessments before the commencement of the annual tax sale of said county, or to keep the buildings on said premises in good repair, or to pay the ground rent on said premises according to the terms of said lease, or to pay the principal or any installment, or any part of any installment of the interest due upon the first mortgage now a lien on said premises, then the said trustee, its successors or assigns, or the holder or holders of said bonds, or any of them, may, at its or their option, perfect such insurance or pay such tax or assessments, or redeem from any tax sale such premises, settle any mechanic's lien, suits, or claims, or pay the ground rent, or make repairs, or pay the principal or interest, or any part of the principal or interest that may become due and remain unpaid on the said first mortgage, and all moneys paid for any of the foregoing purposes, with interest thereon at 6 per cent, per annum, shall become so much additional 392 clerk's assistant. indebtedness secured by this deed of trust for the benefit of the person or persons or corporation making such payments, and be paid out of the rents and proceeds of sale of the lands and premises aforesaid, if not otherwise paid by said Bank Note Company; and it shall not be obligatory upon the trustee to inquire into the validity of such taxes or assessments or sales there- for in advancing moneys in that behalf, as above authorized; but nothing herein contained shall be construed as requiring the said trustee or the legal holder or holders of said bonds to effect such insurance or to advance or ex- pend money for taxes, assessments, ground rent, or other purposes aforesaid. Sixth. And it is further expressly understood and agreed by the parties hereto, and by the legal holder or holders of said bonds, for themselves, and for their respective successors, heirs, e.xecutors, administrators, and assigns, that if the said Bank Note Company shall at any time hereafter and until said principal sum and all arrearages of interest thereon shall be fully paid, suffer said premises or any part thereof to be sold or forfeited for any taxes or assessments whatsoever; or shaH neglect or fail to pay any tax, assessment or other charge against said premises or any part thereof for a period of thirty days after notice from the trustee, or from a majority of the holders of the outstanding bonds, to pay the same; or shall do or permit to be done to, in, upon, or about the said premises or any part thereof, anything that may in anywise tend to diminish the value thereof, or to impair, weaken, or diminish the security intended to be effected under and by virtue of this instrument; or shall neglect or fail to pay any installment of the ground rent at the ma- turity thereof; or shall neglect to perform all and singular the covenants un- der said lease; or shall neglect or fail to keep all the buildings that now are or hereafter may be situated upon said premises insured, and cause such insurance to the amount hereinafter mentioned, to be made payable in ease of loss to the trustee or its successors, and the policies of insurance and all renewal certificates thereof to be delivered to it, or them, as above provided; or shall fail in anywise promptly and faithfully to fulfill, keep, and perform all and singular the covenants and agreements herein contained by the said Bank Note Company, or its successors, to be kept and performed; or shall fail or neglect to pay, at the maturity thereof, the principal or any install- ment, or any part of any installment of interest that may become due under the first mortgage on said premises hereinbefore and hereinafter referred to; then and in either or ^ny of said events the said principal sum of money mentioned in and secured by all the then outstanding bonds shall, at the election of the legal holder or holders of a majority of said bonds then out- standing, at once become due and payable at the place of payment in said bonds mentioned, said election to be made at any time after the happening of such default; and, further, that if default shall be made in the payment of any one of the installments of interest under this mortgage, at the time and place when and where the same became due and payable, as aforesaid, or any part thereof, as evidenced by the interest coupons aforesaid; or if the said Bank Note Company shall fail to redeem, as hereinbefore provided, in any CONVKYANCES BY DEED AND MORTGAGE. i!95J year, five of the then outstanding bonds, and any such default shall continue for thirty days after such interest installment becomes due and payable, as aforesaid, or, as the case may be, after such five bonds should have been re- deemed under the provisions hereof, then, at the election of the legal holder or holders of a majority of said bonds outstanding at the time of such elec- tion, the principal sum of all the then outstanding bonds shall at once become due and payable at the place of payment aforesaid, anything therein or here- inbefore contained to the contrary notsvithstanding ; such election to be made at any time after the expiration of said thirty days. And if default shall be made in the payment of said principal sum of money in said bonds men- tioned, whether the same shall have become due by election, as hereinbefore provided, or by the regular maturity of said bonds according to their term, or if default be made by the Bank Note Company, its successors or assigns, in fulfilling, keeping, or performing any covenant or agreement herein contained, by it or them to be kept or performed, the trustee, its successors or assigns, shall thereupon be entitled to the immediate possession of said premises as for condition broken, and to receive and collect the rents, issues, and profits thereof; and if the Bank Note Company, its successors or assigns, shall thereafter remain in possession of said premises, it and they shall be deemed, and shall be tenants at will thereof of the ti-ustee, its successors or assigns, and shall at once surrender and yield up such possession on demand to it or them, who may thereupon enter and take possession and collect the rents, is- sues, and profits of said premises, and apply the same (less 5 per cent, thereof to be reserved as commissions for collection ) , towards the repairs and in- surance of said premises, and the payment of the taxes and assessments thereon, and of the ground rent under said lease, and of the actual and neces- sary expenses connected with the maintenance and operation of said build- ing and^ the collection of the rents, issues, and profits thereof, and of the interest and principal of said bonds; and upon a failure or refusal so to sur render and yield up said possession, the trustee, its successors or assigns, may, at its or their option, obtain such possession by action of forcible de- tainer or ejectment or other lawful proceedings. Seventh. And the said Bank Note Company, for itself, its successors and assigns, and for all persons who may hereafter acquire any title, estate, or interest in said premises, by or through or under it, them, or any of them, does hereby make and appoint , of , , or any other attorney of any court of record, residing at , aforesaid, to be the true and lawful attorney of it and of all persons aforesaid, for them and for each and any of them, and in its name, and in the name of each and any of them, to do the several acts and things following, to-wit: To appear in any court of record in which any bill in chancery may at any time be filed for the foreclosure of this deed, and the equity of redemp- tion thereunder, and waive the issuing and the service of processes therein, and file an answer therein confessing all material facts in said bill set forth, and waiving proof thereof and confessing to be due the amount claimed therein for principal and interest, and advances and expenses under' this deed. ■394 clerk's assistant. and consenting to the immediate entry of a decree therefor, and of a decree (if the same lie prayed in said bill) for strict foreclosure of this trust deed and of said premises, and all right, title, and equity of redemption of the said Bank Note Company, its successors and assigns thereunder, in default of the payment within sixty days after the entry of said decree of the amount found due by such decree; or, in case a strict foreclosure is not decreed un- der said bill, then consenting to u decree directing a sale of said premises, and all right, title, and equity of redemption of the said Bank Note Com- pany, its successors and assigns thereunder, in accordance with the law and practice of said court, for the purpose of paying the amount of such decree, interest, and costs; and consenting to such provisions, orders, and findings as are usually embraced in such decrees, and to the appointment by the court of a receiver of the said premises, and the rents, issues, and profits thereof, with the usual powers and duties of receivers; and consenting that such re- ceiver may continue in office until the purchaser at said sale, or his heirs or assigns, shall be entitled by law to a deed of said leasehold interest of said premises; and consenting that the said trustee, or its successor or successors in trust, or such person or persons as it or they may designate, be appointed such receiver, and also be appointed as special commissioner or master in chancery to make such sale. And it is hereby distinctly agreed and conditioned, that the successors and assigns of the Bank Note Company, and all persons who shall, after the re- cording hereof, acquire any title, estate, or interest in or to said premises, or any part thereof, through or under the party of the first part, shall, by the very act of acquiring a title, estate., or interest to or in said premises, or any part thereof, ratify and confirm and make their own the powers and appointments of attorney herein contained, and made as completely and ef- fectually as if they now held and owned such title, estate, or interest, and joined in the execution and acknowledgment hereof. Eighth. Tn the event of any sale of said mortgaged property, whether under decree of foreclosure or any provision or provisions of this mortgage, said property, or any part thereof, may be purchased by the holder or holders of any of said bonds, or upon the written request of the holders of a majority of said bonds then outstanding, and upon indemnify satisfactory to the trus- tee, the trustee may, in its discretion, make such purchase for the use and benefit of the holders of the then outstanding bonds, and, having so purchased all right, title, and interest in and to said property and franchises, shall vest in the trustee in trust to dispose of the same in such manner as the holders of a majority of said outstanding bonds shall in writing request or direct. Upon any such sale, whether to the trustee or any holder or holders of said bonds, the aforesaid bonds, with their due and unpaid coupons, shall be re- ceived in payment of the purchase money as equivalent to so much in cash as would be distributable on said bonds and coupons out of the net proceeds of such sale; provided, however, that the purchaser or purchasers shall pay in cash the amount necessary to meet all costs and expenses of the foreclosure and sale. CONVEYANCES BY DEED AND MORTGAGE. 395 Ninth. And it is further distinctly understood and agreed, that the varioua rights, powers, options, elections, appointments, and remedies herein con- tained, provided, declared, or authorized, shall be construed and deemed as concurrent, and no one or more of them as exclusive of the others or any of the others, or of any rights or remedies given or allowed by law, except that the right, upon default, as herein provided, to take possession of the said premises, and bring foreclosure or other proceedings upon or under this mortgage, is hereby vested exclusively in the said trustee, acting either of its own motion or upon the request of a majority of the then outstanding bondholders as hereinbefore provided, and upon proper indemnity, as herein- after more particularly specified; and that until said trustee shall have failed or neglected to act for a period of three months after request by such ma- jority holders, and the furnishing of proper and acceptable indemnity satis- factory to said trustee, no holder or holders of said bonds shall have any right to initiate or take any step or proceeding, or bring any suit or action hereunder, or for the enforcement hereof, or any right, covenant, or provision herein contained. No waiver by the trustee or any of the bondholders of any default M'hich may occur on the part of the said Bank Note Company, under any of the provisions of this instrument, nor any failure or neglect to act or take any election upon or after the occurrence of any such default, shall be deemed or held to be or operate as a waiver of any other or subsequent default of the same or a different character. Tenth. A reconveyance of said leasehold interest in said premises and prop- erty rights shall be made by the said trustee or its successors or assigns, at the cost, charges, and expenses of the said Bank Note Company, or its said successors or assigns, on full payment of the indebtedness aforesaid and the full performance of the covenants and agreements herein made by the said Bank Note Company. It is understood and agreed, that in case this trust deed be foreclosed by a judicial proceeding in any court, and a decree of strict foreclosure or for the sale of said premises shall be therein rendered, there shall be included in the judgment of said foreclosure or sale a reasonable sum for the plaintiff's attorneys' or solicitors' fees in said proceeding, which sum is hereby charged upon the premises aforesaid as an additional lien thereon. Eleventh. The trustee shall be under no obligation to institute any suit or take any proceeding under this indenture, or to enter any appearance or in any way defend in any suit in which it may be defendant, or do anything whatever as trustee until it shall be indemnified to its satisfaction from any and all costs, expenses, outlays, counsel fees and other reasonable dis- bursements, and from all possible claims for damages for which it may be- come liable or responsible on proceeding to carry out such request or demand. The trustee may, nevertheless, begin suit or appear in and defend any suit or do anything else in its judgment proper to be done by it as such trustee, and in such case it shall be compensated therefor from and out of the trust fund. The trustee shall be under no obligation to recognize any person as the holder or owner of any bonds or coupons secured hereby, or to do or y96 cleek's assistant. refrain from doing any act pursuant to the request or demand of any person until aueh supposed owner or holder shall produce the said bonds or coupons and deposit the same with the trustee. It shall be no part of the duty of the trustee to file or record this inden- ture as a mortgage or evidence of real estate or as a chattel mortgage, or to renew said mortgage, or to procure any other, further, or additional in strument of further assurance, or to do any other act which may be suitable and proper to be done for the continuance of the lien hereof, or for giving notice of the existence of such lien, or for extending or supplementing the same; nor shall it be any part of its duty to effect insurance against fire or other damage on any part of said mortgaged property, or to renew any policies of insurance, or to keep itself informed or advised as to the payment of any taxes or assessments, or to require such payment to be made; but the trustee may, in its discretion, do any or all of the matters and things in this paragraph set forth, or may require the same to be done. It shall only be responsible for reasonable diligence in the performance of the trust, and shall not be answerable in any way for the act or default of any agent, attorney, or employee selected with reasonable discretion. It shall be entitled to be re- imbursed for all proper outlays of every sort or nature by it incurred in the discharge of its trust, and to receive a reasonable and proper compensation for any services that it may at any time perform in the discharge of the same, and all such fees, commissions, compensation, and disbursements shall constitute a lien on said mortgaged property and premises. In case it shall at any time be necessary and proper for the trustee to make any investigation respecting any facts preparatory to taking or not taking any action, or doing or not doing anything as such trustee, the certificate of the Bank Note Company, under its corporate seal, attested by the signature of its president, and the affidavit of one of its directors, shall be sufficient evidence of such fact to protect the trustee in any action that it may take by reason of the supposed existence of such fact. All recitals, statements of fact, and representations herein contained, are made in behalf of the Bank Note Company, and the trustee assumes no re- sponsibility as to the correctness of the same; nor is the trustee to be under- stood as making any representa,tions as to the character, extent, or value of the above-described property, or as to the title thereof. AND THK SAID BANK NOTE COMPANY, for itself, its successors and assigns, hereby covenants, bargains, and agrees, to and with the said trustee, its successors and assigns, in manner and form following, that is to say: 1. That it is well seized of the premises above described, as of a good, sure. perfect, absolute, and indefeasible leasehold estate for ninety-nine years, from the 21st day of December, A. D. 1889, and has good right, full power, and lawful authority to grant, bargain, sell, and convey the same in manner and form as aforesaid; and that the same are free from all other and former grants, mortgages. Hens, incumbrances (save and except a certain indenture of mortgage bearing date the day of , A. D. 19. . ., made CONVEYANCES BY DEED AND MORTGAGE. 397 by the said Bank Note Company to the Trust Company for secur- ing payment of the sum of $60,000, evidenced by fifty negotiable bonds for the sum of $1,000 each; which said mortgage is of record in the office of the recorder of -deeds of the county of , aforesaid), and from taxes assessments, and sales thereof of any name, kind, nature, or description what- soever; and the same in the peaceable and quiet possession of the said trus- tee, its successors and assigns, and against all and every person or persons lawfully claiming and to claim the whole or any part thereof, it will warrant and defend for ninety-nine years from the day of , nine- teen hundred an 1 2. That the said Bank Note Company will well and truly pay the prin- cipal sum of money and interest thereon according to the tenor and effect of said bonds and interest coupons, and each of them, and will pay all taxes and assessments that may be levied or assessed upon said preiuises when the same shall become due and payable; and will not at any time hereafter until the said principal sum and the interest thereon shall be fully paid, suffer said premises or any part thereof to be sold for any taxes or assessments what- soever, or to be forfeited therefor; nor suffer any mechanic's lien to attach to said premises; nor suffer any default to be made in payment of the ground rent reserved to be paid under and by virtue of said lease above mentioned; nor any default in any of the covenants in said lease to be performed on the part of the lessee therein; nor make any default in payment of the principal or interest, or any part thereof secured to be paid under the above-mentioned mortgage to the Trust Company; nor do nor permit to be done to, in, upon, or about said premises, anything that may in anywise tend to im- pair the value thereof or to weaken, diminish, or impair the security intended to be effected under and by virtue of this instrument. 3. That the said Bank Note Company and its successors and assigns shall and will at all times hereafter, and until said principal sum of money and all interest thereon shall be fully paid, keep the buildings now situate upon said land, or that may hereafter be erected thereon, fully insured against loss or damage by fire, in some good and responsible insurance company or com- panies, to be approved by the said trustee, or its successors or assigns, and cause $100,000 of such insurance to be made payable in case of loss to the said trustee, its successors or assigns, or the legal holder or holders of saia bonds, by proper stipulations inserted in the policies, and deliver to the said trustee each and every the policies of insurance therefor, as soon as and when- ever such insurance shall be effected, and all renewal certificates of such pol- icies; and in default of so doing, the said trustee, or its successors or assigns, at its or their option, may effect such insurance in its own or their name, or names, or otherwise. And the said trustee and its successors or assigns shall hold such policies of insurance as collateral and additional security for the payment of said principal sum and interest, and the fulfillment of the cove- nants and agreements herein contained; and the said trustee and its suc- cessors and assigns shall have the right to collect and receive any and all 398 moneys and sums of money that may at any time become collectible or re- ceivable upon each and every of said policies of insurance by reason of the damage or destruction of such buildings by fire, and apply the same when received in payment of the sums advanced for insurance, taxes, ground rents, assessments, or other liens and interest thereon at the rate of 6 per cent. ]ier annum, and all counsel fees and other expenses and disbursementa, to- gether with proper compensation to the trustee for its services, and then in payment of the principal and interest of said indebtedness, and the balance (if any) to said Bank Note Company, its successors or assigns, or, if the legal holder or holders of a majority of said bonds so elect, shall disburse the same in the repair or rebuilding of such buildings ; but nothing herein con- tained shall be construed as requiring the said trustee, or its successors or assigns, to incur any expense, nor make any efforts to collect any money that may become due upon any of such policies' of insurance; but if it shall elect not to collect the same, it shall, on demand, execute any necessary order or assignment to cause such insurance money to be payable to said Bank Note Company, its successors or assigns. 4. That the said Bank Note Company shall, from time to time, at any time hereafter, and as often as thereunto requested by the trustee, execute, ac- knowledge, and deliver all such further deeds of conveyances and assurances in the law, for the better assuring to the trustee upon the trusts herein ex- pressed, said leasehold property and appurtenances as by the trustee or its counsel learned in the law shall be reasonably advised or required. IT IS UNDERSTOOD AND MUTUALLY AGREED BY THE PARTIES HERETO, that the word " trustee," when and as used in this indenture, is intended to refer to and describe, and shall be construed to mean, the cor- poration or corporations, or the person or persons which, or who, for the time being, shall be charged with the execution of the trusts created by this in- denture, whether the same shall be the party of the second part hereto or any successor or successors in said trust. In testimony whereof, the said party of the first part has caused these presents to be executed in its name by its president, and its corporate seal, attested by its secretary, to be hereto afiSxed, on the day and year first above written. COMPANT. By , President. Attest: , Secretary/. (Acknowledgment clause for corporation.) No. 87. Mortgage to Secure Bond Issue of Bailroad Coiponation. We, the undersigned, , chairman, and , secretary, respectively, of a, meeting of the stockholders of The Railway Company, a corporation created and existing under the laws of the State of CONVEYANCES BY DEED AND MORTGAGE. 399 , called for the purpose, amongst other things, of determining whether or not such stockholders should consent to and authorize the execu- tion and delivery of bonds in the sum of seven million five hundred thousand dollars ($7,500,000), the proceeds to he used for construction and other pur- poses, and consent to and authorize the execution and delivery of a trust deed or mortgage on all the franchises and property of the company in the sum of seven million five hundred thousand dollars ($7,500,000), to secure the payment of the bonds aforesaid, do hereby certify, as follows: That on the day of , in the year one thousand eight hun- dred and ninety-nine, at , in the State of , there ap- peared, in person or by proxy, stockholders owning all of the issued stock of the said company, and that, at said meeting, the following resolutions were proposed and unanimously adopted: Resolved : " First. That The Railway Company execute its bonds, coupon or registered, to the amount of seven million five hundred thousand dollars ( $7,500,000 ) , par value, in the denomination of one thousand dollars each, having forty years to run, and bearing interest at the rate of five per centum (5%) per annum, payable semi-annually at a trust company to be named by the board of directors or by such officer as the board of directors may de- termine, both principal and interest being payable in gold coin of the United States of the present standard of weight and fineness; said bonds to be num- bered from one ( 1 ) to seven thousand five hundred ( 7,500 ) , both numbers in- clusive; and that the board of directors is hereby authorized to empower and direct the proper officers to prepare and execute said bonds. " Second. That in order to secure the payments of the said bonds, and the interest coupons thereon, the board of directors is hereby authorized and di- rected to cause the proper officers of this company to execute and deliver a good and sufficient mortgage or deed of trust, conveying in trust the railroad, corporate franchises, real estate and personal property now owned by it or which may hereafter be constructed or acquired, by such description as shall be set forth in said mortgage or deed of trust, such mortgage to be made to a trust company to be selected by the board of directors, or by an officer or officers empowered by the board of directors to make such selection, and such mortgage to be in the form and to contain such conditions and agreements as the board of directors or any officer or officers duly empowered by the said board may deem proper; and the board of directors is hereby authorized and directed to cause the proper officers of the company to execute and deliver such a mortgage or deed of trust, and to provide for the disposal of such bonds and the proceeds thereof as they may deem expedient or for the best interests of the company ; provided, however, that not more than one thousand (1,000) of said bonds or the proceeds thereof shall be used by the railway company for its general purposes, and that the proceeds of not more than five thousand (5,000) of said bonds shall be used for construction purposes in the construetion of the present proposed line, and that the remaining 400 cleek's assistant. fifteen hundred (1,500) bonds, or the proceeds thereof, shall be held in re- serve in the treasury of this company, to be used only in making future exten- sions, additions to equipment, and paying such necessary expenses as are in- cidental thereto. The words " the present proposed line " shall be deemed to mean the main line from the starting point in the city of , run- ning northerly through the States and counties mentioned in the charters of the two corporations which were consolidated to form this company, and the necessary sidings, turn-tables, shops, stations," etc. In witness whereof, we have hereunto set our hands, this day of , 19... , Chairman of the meeting aforesaid. , Secretary of the meeting aforesoM. STATE OF ,) County of , ) , and , being severally duly sworn, each for himself deposes and says, that he, the said , was the chairman, and he, the said , was the secretary of the aforesaid meeting of the stock- holders of The Railway Company; that all the statements made in the foregoing certificate are true to his own knowledge. Sworn to before me, this ) day of ,19... S STATE OF , ) f ss. : County of , ) On this day of , 19. . ., personally appeared before me. , and , to me known and known by me to be the per- sons described in, and who executed the foregoing certificate and affidavit and severally acknowledged to me that they executed the same. ( Signature and title of officer. ) This indenture, made this day of , in the year eighteen hundred and ninety-nine, between The Railway Company, a con- solidated corporation, created, organized, and existing under the laws of the State of , hereinafter styled the " Railway Company," party of the first part, and Trust Company of New York, a corporation or- ganized and existing under the laws of the State of New York, hereinaftev styled the " Trustee," party of the second part, Witnesseth: Whereas, The Railway Company is a railroad corporation ex- isting under the laws of the State of , and organized pursuant to an agreement of consolidation filed in the office of the secretary of state of , on the day of , 19 . . . , by which agreement of consolidation the capital stock, franchises, and property of the Railroad Company, a corporation organized under the laws of the State of , and the Railroad Company, » corporation organized under the laws of the State of , were merged and consolidated, each CONVEYANCES BY DEED AND SIOETGAGE. 401 with the other, and all together, in such manner as to form a new corpora- tion under the name of The Railway Company ; and, Whereas, Such consolidation was effected and the said Railway Company was formed for the purpose of constructing and equipping, owning, and oper- ating a continuous line of standard gauge railroad in the States of and , beginning at a point in the city of , in the State of , and running thence in a direction through the county of , to the line of the State of , and extending thence to a point to be selected in the county of , or the county of , in the State of , a total distance of about two hundred and fifty miles, and a possible construction of branch lines, and the possible purchase and ownership of one or more ex- isting railroads: and, Whereas, Said '. Railroad Company had prior to the consolida- tion constructed a portion of its line in a northerly direction from the city of , in the State of , to the town of , in said State, a distance of about fifteen miles; and, Whereas, the Railway Company is about to construct the remainder of its proposed line from aforesaid, northerly to , in county, in the State of ; and. Whereas, In order to raise the capital required to complete and equip said line or lines of railroad, it became necessary for the Railway Company to au- thorize the issuing and negotiating of its bonds and to secure the payment of the same, to execute a first mortgage upon all its corporate property, rights, and franchises; and. Whereas, At a meeting of the stockholders of the Railway Company, regu- larly held, as appears by the certificate of the chairman and secretary thereof, and by the waiver in writing of such stockholders, prefixed hereto and made a part of this instrument, it was unanimously resolved that the board of directors of the Railway Company be empowered and directed to execute and deliver to such Trust Company, as the directors shall determine, a trust deed or mortgage, in the sum of $7,500,000, on all the franchises and property of the Railway Company, to secure the payment of an issue of bonds amount- ing to the said sum, par value, which said bonds were also authorized at said stockholders' meeting; and. Whereas, To carry out the intention of said Railway Company, as above expressed, a meeting of the board of directors of the said Railway Company was held at its office, in the city of , in the State of , on the day of , 19. . ., at which the following resolutions were unanimously adopted: Resolved : " First. That Railway Company execute its bonds, coupon or registered, to the amount of seven million five hundred thousand dollars ($7,500,000) par value, in the denomination of one thousand dollars ($1,000) each, having forty years to run, and bearing interest at the rate of five per 26 402 clerk's assistant. centum (5%) per annum, payable semi-annually at such Trust Company, in the city of New York, as the president may determine, both principal and interest being payable in gold coin of the United States, of the present stand- ard of weight and fineness; said bonds to be numbered from one to seven thousand five hundred, both numbers inclusive; that the president and sec- retary of this company be, and they hereby are, authorized and directed to cause to be prepared and executed the said bonds in the corporate name of this company, and to sign said bonds and affix the seal of the company thereto; and the treasurer of this company is hereby authorized to sign each interest coupon attached to said bonds, but the fao simile of the signature of said treasurer may, however, be printed thereon from a lithograph or en- graved plate. " Second. That in order to secure the payments of the said bonds and the interest coupons attached thereto, the said Railway Company shall make, execute, and deliver a good and sufficient mortgage, or deed of trust, con- Teying in trust the railroad, corporate franchises, real estate, and personal property now owned by it, or which may hereafter be constructed or acquired, by such description as shall be set forth in said mortgage or deed of trust, such mortgage to be made to one of the trust companies in the city of New York, to be selected by the president of this company, such conveyance to be in such form and to contain such conditions and agreements as the president may deem proper; the secretary of this company be and he is hereby author- ized to affix the corporate seal of this company to said mortgage or deed of trust and to evidence the same by his signature, and the president of this company is hereby authorized to subscribe the corporate name of this com- pany to said mortgage or deed of trust, and the president and secretary are authorized to duly acknowledge the execution thereof as the act and deed of this company, before the proper officer. Said president is also hereby au- thorized to deliver said mortgage or deed of trust when the same shall have been executed and acknowledged to said Trustee. " Third. That the president of this company be and he is hereby author- ized to negotiate the selling and delivery of the bonds, at such a price or prices, and on such terms and conditions as in his judgment shall be fair and equitable, and to make all such contracts to that end, either as a part of the mortgage hereinbefore authorized or otherwise, as he may deem to be to the interests of the Kailway Company; provided, however, that not more than one thousand (1,000) of said bonds, or the proceeds thereof, shall be used by the Railway Company for its general purposes, and that the proceeds of not more than five thousand (5,000) of said bonds shall be used for con- struction purposes in the construction of the present proposed line, and that the remaining fifteen hundred (1,500) bonds, or the proceeds thereof, shall be held in reserve in the treasury of this company, to be used only in making future extensions, additions, to equipment, and paying such necessary ex- penses as are incidental thereto. The words " the present proposed line " shall be deemed to mean the main line from the starting point in the city of CONVEYANCES BY DEED AND MOETGAGE. 403 ) , running through the States and counties mentioned in the charters of the two corporations which were consolidated to form this company, and the necessary sidings, turn-tables, shops," etc.; and. Whereas, Said bonds so authorized to be issued are to be, together with the certificate of the Trustee appearing thereon, and the coupons attached thereto, in the form following: "UNITED STATES OF AMERICA. State of The Railway Company. First Mortgage, Forty Year, Five Per Cent. Gold Bond. No $1,000. Know all men by these presents, That The Railway Company, a consolidated corporation, organized under the laws of the State of , is indebted to Trust Company, of New York, Trustee, or bearer, in the sum of one thousand dollars ($1,000), which sum, for value received, the said The Railway Company hereby promises to pay to the holder hereof, on the 1st day of , A. D. 19. . ., at the office of said Trust Company, in the city of New York, with interest thereon from the 1st day of , 19. . ., at the rate of per centum per annum, pay- able semi-annually, thereafter on the 1st day of September, and the 1st day of April, in each and every year until maturity, upon the presentation and surrender of the annexed coupons therefor as they severally mature; both principal and interest being payable in gold coin of the United States, of the present standard of weight and fineness. This boHd is one of a series of seven thousand five hundred (7,500) bonds of like tenor, date and amount authorized to be issued by said The Railway Company, and numbered from No. 1 to No. 7,500, both numbers in- clusive, payment whereof is secured by a first mortgage or deed of trust made by said The Railway Company to said Trust Company of New York, as trustee, and conveying to said trustee, in trust, all and sin- gular the entire property of said Railway Company which it now owns or may hereafter acquire, all of which said property is more fully described in said mortgage or deed of trust above referred to. In case default shall be made in the payment of any half-yearly install- ment of Interest on any such bonds as such installment shall become due and be demanded, and if such interest shall remain unpaid for the period of six months after demand, as aforesaid, then the principal sum of each and all of said bonds shall, at the option of the holders of at least a majority thereof in amount then outstanding, become due and payable immediately upon the terms and conditions, and with the effect mentioned in said mortgage or deed of trust. This bond shall pass by delivery, unless it shall have been registered in the name of the owner on the books of said The Railway Com- 404 clerk's assistant. pany, at its agency in the city of New York. After a registration of owner- ship, certified hereon by the transfer agent of said company, no transfer shall be valid except upon said books; unless the last transfer be to bearer, which shall restore transferability by delivery. This bond shall continue subject to successive registrations and transfers to bearer as aforesaid, at the option of each holder, provided the coupons issued in all cases shall be payable to bearer whether the bond itself is registered or not. This bond shall not become a valid and binding obligation until the certifi- cate authenticating the same, which is indorsed thereon, shall be signed by the Trustee under said mortgage. In witness whereof, the said The Railway Company has caused its corporate name and seal to be hereunto afiSxed, and this bond to be signed by its president and attested by its secretary, on the day of , 1899. The Railway Company, By , President. Attest: Becretary. Form of Coupon. $25. $25. The Railway Company will pay to bearer twenty-five dollars in gold coin at the office of Trust Company of New York, in the city of New York, on the 1st day of '. . ., 19. . ., being six months' interest due at that date on its first mortgage bond. No Treasurer. Trustee's Certificate. Trust Company of New York hereby certifies that this bond is one of a series of seven thousand five hundred (7,500) for $1,000 each, men- tioned and described in the mortgage or deed of trust therein referred to. Tbust Company of New York, Trustee. By , Second Vice-President. Now, THEREFOEE, the said The Railway Company, party of the first part, in consideration of the premises and of the sum of one dollar to it in hand paid by said Trust Company, of New York, party of the second part, before the ensealing and delivery of these presents, the re- ceipt whereof is hereby acknowledged, and for the purpose of securing the payment of the principal and interest of the bonds aforesaid as the same shall become due, have granted, bargained, sold, released, conveyed, confirmed, as- signed, and transferred, and by these presents doth grant, bargain, sell, re- lease, convey, confirm, assign, and transfer unto the said party of the second part and to its successor, successors, and assigns forever, all and singular the entire main line of railroad of said Railway Company now constructed or as may hereafter be constructed, and said branch line or lines, as the same are located or may hereafter be located or constructed, and all such existing CONVEYANCES BY DEED AND MOETQAGE. 405 railroads as said party of the first part may hereafter acquire; said main line beginning at a point in the city of , aforesaid, and running thence in a northerly direction through the county of , in said State of , and the counties of , in the State of , together with the rights of way for said railroad, the roadbed thereof and the superstructure and tracks placed and to be placed thereon, and all stations, station grounds, and terminal property; also all docks, wharves, steamboats, and barges, and all real estate used and to be used in the operation of said railroad or otherwise, and all rails, railways, side-tracks, switches, fences, turn-tables, water tanks, culverts, viaducts, freighthouses, machine shops, and all other structures or buildings whatsoever, acquired, or to be acquired for the use and operation of said railroad; also all locomotives, cars, and other Volling-stock and equipment, and all machinery, tools, and implements used in the operation of said railroad, and all other property of every nature and description, real, personal, and mixed, now owned or that may hereafter be acquired by said Railway Company; To have and to hold the above-described premises, rights, franchises, and the real and personal property hereby conveyed, with the appurtenances there- unto belonging, to said Trust Company, of New York, and to its successors forever ; In trust, nevertheless, for the equal benefit and security of the persons, cor- porations, firms, and partnerships who shall at any time be or become the pur- chasers or holders or owners of the bonds issued hereunder, or any part thereof, or any part of the coupons attached thereto without any preference or priority of lien of any one bond over another by reason of priority in time of issue or negotiation thereof or otherwise, and for the uses and pur- poses herein declared and expressed. Provided, however, and these presents are upon the express condition, that if the party of the first part, its successors or assigns, shall well and truly pay, or cause to be paid, to the holders of said bonds to be issued as afore- said, the principal and interest to grow due thereon at the times and in the manner stipulated in said bonds and coupons, according to the true intent and meaning thereof, and shall well and truly keep, perform, and observe, all and singular, the covenants, promises, and conditions in said bonds and in this indenture expressed, to be kept, performed, and observed by or on the part of the said party of the first part, then these presents and the estates and rights hereby granted shall cease, determine, and be void; otherwise, to be and remain in full force and virtue in laiw. It is hereby declared and agreed, by and between the parties hereto, that the trusts, uses, purposes, conditions, and covenants in and upon which the rights, franchises, privileges, and property hereinbefore described and con- veyed are to be held and disposed of by the party of the second part are as follows, that is to say: Article I. — First. The entire issue of seventy-five hundred thousand dollars ($7,500,000) of bonds to be executed by the party of the first part, shall be deposited with the Trustee, to be certified by it and delivered from time to 406 time to or upon the order of the Railway Company, expressed by a resolution of its board of directors. One million dollars ($1,000,000) of said bonds, or the proceeds thereof, if the same be sold by the Railway Company, may be used by it for its general purposes. Not exceeding five million dollars ($5,000,000) additional of said bonds, or the proceeds thereof, if the same bo sold by the Railway Company, shall be used for construction purposes in the construction of the railroad of the Railway Company as hereinbefore described. The remaining fifteen hundred thousand dollars ($1,500,000) of said bondi, or the proceeds thereof, if the same be sold by the Railway Company, shall be reserved in its treasury to be used for all necessary purposes in making future extensions, additions to equipment, and pay- ing such necessary expenses as are incidental thereto. No part of said bonds, or the proceeds thereof, shall be employed in any manner other than for construction and equipment purposes, and for the legitimate and proper expenses of administering this trust and for the purposes in this instrument set forth. Second. Before the sale of any part of the bonds the chief engineer of the Railway Company shall cause to be prepared and filed with the Trustee copies of the general plans of the structures intended to be used in con- struction; also a statement of the width of the right of way generally in- tended to be acquired, and approximately the number of acres of real" estate to be used for terminal yards and stations at various points, and such equip- ment and rolling-stock as the business to be .done will require on the com- pletion of the construction. Article II. If at any time a period of thirty days shall ela/pse after the maturity of any coupon attached to any bond issued hereunder, during which thirty days such coupon shall remain unpaid and no provision for its pay- ment in cash be made by the Railway Company, the holder of any such bond shall have the right to call upon the Trustee, upon production of his such bond and unpaid coupon, to refuse to make any further payments out of the proceeds in its possession of any sales of bonds for construction, equip- ment, or any other purposes to the Railway Company, and to take such action in reference to such default against the Railway Company as may be author- ized by the terms of this instrument. Article III. The Trustee, at any and all times before the final completion of the road, upon the request of any bondholder who shall deposit with the Trustee an indemnity bond, which is acceptable to it, shall appoint an en- gineer who shall, as the agent of such Trustee, have the right to enter upon the works of the Railway Company and examine all of its constructions and works, and all of the records and engineering plans ; and any report made by any engineer so appointed shall be available for the benefit of any and al! bondholders, and the original thereof shall be filed with the Trustee; and if, in the opinion of the Trustee, the Railway Company is not carrying out the work according to specifications, the Trustee may, upon its own initiation, or at the request of any bondholders, take such action or procedure at law or CONVEVAiS'CES BY DEED AND MORTGAGE. 407 in equity as will protect the interests of the bondholders, and as it may be advised is proper in the premises. Article IV. All bonds issued hereunder after due authorization by legal resolutions of the Railway Company shall be deemed to rank pari passu, and under all circumstances and at all times and before all tribunals shall have equal rights and privileges, and no action by the Railway Company, or by any one acting on its behalf, shall in any manner affect the parity and equality of each of such bonds with each and every other, and of each and every coupon of such bonds with each and every other, and no lien created by any such action shall have any valid force or effect as against each and every of the bonds issued hereunder and in connection herewith, without the consent of each and every of the holders of the outstanding bonds created by the resolution of the Railway Company and covered by and referred to in this instrument; no consent of any holder of any one or more of such bonds shall in any way be assumed or inferred, but any and all assents to any impair- ment of the lien hereby created shall be in writing and shall be filed with the Trustee, and shall be and remain inoperative until the assent to such impair- ment of each and every and all of the bonds created by such resolution of the Company and covered by and referred to in this instrument has been given in writing as aforesaid and filed with the Trustee. Article V. The actual possession, occupancy, and management and the use and control of said railroad and branch line or lines, and of all of the ap- purtenances thereof, shall remain with the said Railway Company without molestation or interference by or from the said Trustee, or its successor or successors in said trust, or by said bondholders, or any of them, unless, and until, default be made in the payment of the principal or interest of said bonds, or any of them, or until default shall be made in respect to something herein required to be done by the said Railway Company, and until such default shall be made, as aforesaid, the said Railway Company shall take and use all of the earnings, income, profits, rents, tolls, and issues of the premises and property and dispose of the same in any manner it may deem best, subject only to the terms and conditions in this indenture expressed. Article VI. The party of the first part, in consideration of the premises, hereby covenants, promises, and agrees: First. That having possession as aforesaid, it shall and will, well and truly, pay off and discharge, or cause to be paid off and discharged, each and every tax, assessment, or other liability which may be from time to time lawfully levied and imposed by competent authorities in the States of Florida and Alabama, or by the Government of the United States, or by any other State or subdivision thereof, or any municipal corporation, or any mechanic's or other lien, or charge in favor of any person or persons, corporation or cor- porations, upon the railway property and premises, or upon any part or parcel thereof, the lien whereof might or could be held to be superior to the lien of these presents, so that the priority of these presents shall at all times be duly maintained and preserved. 408 Second, That having possession as aforesaidj it shall and will diligently preserve all the rights and franchises to it granted and upon it conferred by its charter and pertaining to the railway property or premises subject to the lien hereof, and that it shall and will at all times maintain, preserve, and keep the same and every part thereof, with the rolling-stock, fixtures, and appurtenances, and every part and parcel thereof, in thorough working order and condition, and duly supplied with motive power, rolling-stock, and equip- ment, and shall and will, from time to time, maintain all needful and proper repairs, renewals, additions, betterments, and improvements, so that the traffic and business thereof, and every part thereof, be conducted with safety and expedition. Third. That it shall well and truly pay or cause to be paid to the holders of the bonds issued hereunder, as before stated, the principal and interest due thereon, at the rate and in the manner mentioned therein, and in the coupons thereunto belonging, according to the true intent and meaning thereof. Article VII. This deed shall not operate nor be held to prohibit the party of the first part from selling, conveying, exchanging, or otherwise disposing of, free from the incumbrances and trusts hereof, any of the property hereby conveyed, whether now owned or hereafter to be acquired, which at any time cannot be advantageously used in the proper and judicious management and operation and conduct of the party of the first part; provided, however, that in case the property so sold or disposed of be real property, the assent in writing of the trustee to any such sale or disposition of the property as afore- said shall always be obtained; and, provided, further, that in every ease the proceeds of any real or personal property so sold or disposed of shall be forth- with paid directly to the said Trustee, to be held by said trustee subject to the trust herein created, unless or until reinvested in the proper business of the party of the first part, and that such proceeds and such property as may be purchased with the proceeds of such sale or disposition, or acquired by exchange for property hereby conveyed, shall at once be expressly conveyed to said Trustee in such a way as to be thereafter covered by the terms and provisions of this instrument. The verified certificate of the president and two other members of the board of directors of the Railway Company shall be full and sufficient evidence to the Trustee of the propriety of its assent to any sale or disposition of prop- erty aforesaid, whenever such assent is required by the terms of this instru- ment. Article VIII. The party of the first part shall, as often as it shall be rc- (juested by the said Trustee so to do, make, do, acknowledge, and deliver all such further acts, deeds, and assurances in the law for the better assuring unto the said Trustee, its successor or successors in the trust hereby created, upon the terms and for the purposes herein expressed, or to the purchaser or purchasers at any sale made under the powers herein contained, of all and singular the property, franchises, and privileges hereby conveyed, or in- CONVEYANCES BY DEED AND MOETGAGE. 409 tended so to be, or any part thereof, as by the said Trustee, or by its counsel learned in the law, shall be advised or required. Article IX. In case default shall be made in the payment of any of the interest coupons hereby secured to be paid, and such default shall continue for six months after demand shall have been duly made, then and thereupon the entire principal sum hereby assured to be paid shall, at the election of the said Trustee, become immediately due and payable, anything herein or in said bonds to the contrary notwithstanding; and if requested so to do by the holders of a majority in interest of the bonds hereby secured and at any given time outstanding, by an instrument in writing, signed by them, it shall be the duty of, and it is hereby made obligatory upon the said Trustee, to elect and declare the said principal sum due as aforesaid ; but, nevertheless, three- fourths in interest of such bondholders may, in case of such default, by an instrument in writing, signed by them, waive the right to make such elec- tion, upon such terms and conditions as such three-fourths in interest may deem proper, or may annul or reverse the election made by the Trustee, ary- thing herein contained to the contrary notwithstanding; but the waiver of any default shall not aflfect any subsequent default on the part of the party of the first pait, or waive or impair any right resulting therefrom. Article X. In case default shall be made in the payment of any money, principal or interest, hereby secured to be paid, or in the performance of any covenant, stipulation, or condition of this instrument, and such default shall continue for six months after payment or performance shall have been duly demanded, the party of the first part, upon demand of the said Trustee, shall forthwith surrender to said Trustee, the actual possession of, and it shall be lawful for the said Trustee forthwith to enter into and upon and to take possession of personally, or by its agents or attorneys, all and singular the entire estate, property, and rights hereby conveyed, or .intended so to be, to- gether with all the records, books, papers, money, and accounts of the said party of the first part, and either by itself, or attorney, or agent or agents to be appointed by it, the said Trustee to have, hold, use, manage, operate, and enjoy the same, and from time to time make all needful repairs and re- placements and such alterations therein and additions and improvements thereto, as to it, the said Trustee, shall seem wise, and receive the rents, is- sues, incomes, and profits thereof; and out of the same to pay all the proper costs, charges, and expenses of so taking, holding, and managing the same, including a reasonable compensation to said Trustee, its agents, attorneys, and counsel, and all taxes and assessments, and any charges or liens prior to the lien of these presents, and then due and payable; and to apply the re- mainder of the moneys so received by it, first, to the payment of the coupons hereby secured to the lawful holders thereof, pro rata, and without discrim- ination or preference; second, to the payment in like manner of the bonds hereby secured; and, third, to pay the remainder, if any, to the party of the first part, or its successors or assigns, or to whomsoever may be lawfully entitled to receive the same by the judgment of some court of competent jurisdiction. 410 Article XI. In case of default in the payment of any money, principal or interest, hereby secured to be paid, or in the performance of any covenant, stipulation, or condition of this instrument, and if such default shall con- tinue for six months after payment or performance shall have been duly demanded, it shall be lawful for the said Trustee, with or without entry, to sell and convey all the estate, property, and rights hereby conveyed, or in- tended so to be, or any part thereof, from time to time, at public auction in the city of , in the State of , having first published no- tice of such sale or sales once a week for three successive weeks in one news- paper published fn the city of , and also having published notice of such sale in two newspapers in the city of New York, at least once a week for the four weeks next preceding such sale; and from time to time to ad- journ such sale or sales at its discretion. And the said Trustee, upon any sale or sales hereafter made, and by virtue of the provisions of this instru- ment, may and shall make and deliver to the purchaser or purchasers of the property and rights so sold, good and sufficient deed or deeds for the same; which sale or sales shall be a perpetual bar, both in law and equity, against the party hereto of the first part, and its successors and assigns, and all per- sons or corporations lawfully claiming, or to claim, through or under it, the property, rights, powers, privileges, and franchises sold, or any part or parcel thereof, through, from, or under it, the said The Railway Com- pany, its successors and assigns, or any of them ; and particularly shall bar and cut off all right or equity of redemption given and allowed by the stat- utes of the States of and , which, for the consideration named, is hereby expressly waived, and upon the making of any such sale, the principal of all the bonds then outstanding hereunder shall be forthwith due and payable, anything in said bonds to the contrary notwithstanding; and the Trustee shall apply the proceeds of such sale or sales as follows, to-wit: First. To the payment of the costs and expenses of such sale or sales, in- cluding a reasonable compensation to said Trustee, its agents, attorneys, counsel, and all expenses, liabilities, and advances made and incurred by said Trustee in or about the execution of its trust, and all taxes and assessments, and any charges or liens prior to the lien of these presents and then due and payable; Second. To the payment of the coupons hereby secured to be paid and then due and unpaid, pro rata, and without discrimination or preference, except that in ease such proceeds shall be sufficient to pay the same in full, such payment of or upon interest coupons shall be in the order of date of their maturity ; Third. To the payment of the bonds hereby secured to be paid and then due and unpaid, whether the same shall have previously become due or not, pro rata, and without discrimination or preference; Fourth. To pay over the surplus, if any, to the party of the first part, or to its successors or assigns, or to whomsoever may be lawfully entitled to re- ceive the same by the judgment of some court of competent jurisdiction. CONVEYANCES BY DEED AND MORTGAGE. 411 Article XII. It is understood and hereby expressly declared, that the rights of entry and sale herein and hereby granted are intended as cumulative rem- edies in addition to all other remedies allowed by law, and that the samp shall not be deemed in any manner whatsoever to deprive the Trustee or the beneficiaries, under the trusts hereby created, of any legal or equitable rem- edy by judicial proceedings, consistent with the provisions of these presents, according to the true intent and meaning hereof; provided, always, that no holder or holders of any of the bonds secured hereby shall have the right to institute any suit, action, or proceedings in equity or law, for the foreclosure of this indenture of mortgage, or to enforce the execution of the trusts hereof, or for the appointment of a receiver, or any other action, suit, or proceed- ings hereunder, or under or upon any bond or coupon hereby secured, without first having served upon the Trustee a requisition in writing, as provided in article XV of this indenture, and after having complied with all the other conditions of said article XV, the Trustee, after a reasonable time, refuses or fails to bring or commence such proceeding, action, or suit; and the right of election of three-fourths in interest, as provided in said article XV, shall ap- ply to any such suit, action, or proceedings. Article XIII. It is further stipulated and agreed, by and between the par- ties hereto, that it shall not be necessary for the purchaser or purchasers, at any sale or sales made under the powers of this mortgage, to inquire into, or in any way be or become responsible for, the actual existence of the con- tingency or contingencies, upon which the said sale or sales shall, by the said Trustee, be asserted to be made ; and the title of the purchaser or purchasers to the property so sold shall be good, sufficient, valid, and unimpeachable, and the receipt of the said Trustee shall be his or their good and sufficient dis- charge and acquittance for the payment of such purchase moneys. Article XIV. At any sale of the property, rights, and privileges hereby conveyed, or intended so to be, or any part thereof, made under or by virtue of these presents, the said Trustee may bid for and purchase the same, or cause the same to be bid for and purchased in behalf of the holders of the bonds hereby secured, and then due and unpaid, provided it shall be requested so to do by a majority in interest of the holders of such bonds. In case of such purchase by said Trustee, on behalf of the holders of said bonds, the .said Trustee may apply said bonds to the payment of the purchase money, at such rate of percentage of their face value as the holders of said bonds would be entitled to receive if the property had been sold to other parties; pro- vided, that cash to the amount required for all expenses of and connected with such sale shall first be paid. Article XV. It is hereby further declared and agreed, by and between the parties hereto, that it shall be the duty of, and it is hereby made obligatory upon, the said Trustee, upon proper indemnification, as hereinafter provided, to take appropriate proceedings at law or in equity to enforce the rights of bondholders under these presents, upon requisition in writing, as herein- after specified, to-wit: First. If the default be in the payment of the money hereby secured, prin- cipal or interest, or any part thereof, as aforesaid, such requisition shall be 412 by not less than one-half in interest of the holders of the bonds hereby se- cured and then outstanding, and shall be in writing and signed by such bond- holders; and upon such requisition the said Trustee shall proceed forthwith to enforce the rights of the said bondholders by sale, or entry, or judicial proceedings, or in one or more of these methods, as it, being advised by coun- sel learned in the law, shall deem most expedient in the interest of the holders of the bonds secured hereby. Second. If such default shall be in respect of any other covenant or con- dition in said bonds, or herein contained, to be kept or performed by said party of the first part, then such requisition must be by not less than one- half in interest of the holders of the bonds hereby secured and then outstand- ing; and must be in writing and signed by such bondholders. But in every case, whatever be the nature of the default, such duty of the said Trustee, and also its powers to make any election, or take any action in the premises, are hereby declared to be subject to the right and power of three-fourths in interest of the holders of the then outstanding bonds, to waive such default, and to direct the Trustee to abandon any proceedings al- ready begun ; and no action of the said Trustee, or of the bondholders, in case of any default, shall affect any subsequent default, or any rights arising therefrom, and after three such defaults, subsequent ones can only be waived by the unanimous action of the holders of all outstanding bonds. Article XVI. The Railway Company, for itself, its successors and assigns, , hereby irrevocably waives all benefit and advantages of all redemption laws now existing, or which may hereafter be in force, in the States of and , or elsewhere, which, but for this waiver, might be availed of to prevent or postpone the foreclosure or absolute sale of the property and franchises covered by this mortgage, and the Railway Company covenants that it will not hinder, delay, or impede the execution of any power herein granted and delegated to the Trustee, and that it will suffer and permit the execution of every such power as though no such law or laws had been enacted. Article XVII. The said Trustee may, and upon request of the party of the first part shall, cancel and discharge the lien of these presents, and execute and deliver to the party of the first part such deed or deeds as shall be requisite to satisfy the lien thereof, and to reconvey to the party of the first part the estate and title hereby conveyed or intended so to be, whenever all of the costs and expenses incurred by the Trustee have been paid and all of the bonds and coupons hereby secured which shall have been issued, shall be paid, canceled, or destroyed. Article XVIII. And it is further mutually covenanted and agreed, between the parties hereto, that the said Trustee may resign and discharge itself of the trust hereby created, by notice in writing, to the party of the first part, so given at least ninety days before such resignation shall take effect, or such shorter time as the party of the first part shall, with the consent of the holders of a majority in amount of the then outstanding bonds hereby se- cured, accept as adequate. And whenever a vacancy in the ofSce of Trustee CONVEYANCES BY DEED AND MOETGAGE. 413 occurs, by death, resignation, or inability of any Trustee lawfully succeeding to this trust, or in any other way, it shall be the duty of the party of the first part immediately thereafter to make proper application to some court of competent jurisdiction for the appointment of some suitable person, per- sons, or corporations to become the successor of the said Trustee, and to ob- tain an order of the court appointing such trustee; or, failing such appoint- ment, the board of directors of the party of the first part may, with the con- sent in writing of the holders of a majority in amount of the bonds hereby secured and then outstanding, appoint such Trustee or Trustees to fill such vacancy, which appointment shall be attested by the certificate in writing of the president and secretary of the party of the first part, under its cor- porate seal, and the written acceptance thereof by the new Trustee or Trus- tees, which certificate, acceptance, and written consent shall be duly acknowl- edged or proved, and filed or recorded wherever this mortgage or deed of trust shall be recorded; and any Trustee appointed as herein provided to fill any vacancy shall be vested with and entitled to all the rights, title, interest, estate, powers, duties, and trusts herein conveyed, created, or contained, as if originally named in this mortgage or deed of trust. Article XIX. It shall be no part of the duty of the Trustee to record "this indenture as a mortgage or conveyance of real estate, or to file or record the same as a chattel mortgage, or to file or renew the same, or to procure any further, other, or additional instrument of further assurance, or to do any other act for the continuance of the lien thereof, or to extend or supplement the lien sought to be created hereby ; but said The Railway Com- pany covenants and agrees to do the same ; nor shall it be any part of the duty of the Trustee hereunder to eflFect insurance against fire or other dam- age on any portion of the property hereby mortgaged, or to renew any poli- cies or other insurance, or to keep itself informed or advised as to the pay- ment of any taxes or assessments that may be imposed upon the property, real, personal, and mixed, affected by this mortgage, or to require th-e pay- ment of any such taxes or assessments: but the Trustee may, in its discretion, at the expense of The Railway Company, do any and all of the matters and things in this article set forth, or require the same to be done. Article XX. The Trustee, party hereto of the second part, for itself and its successor or successors, hereby accepts the trusts and assumes the duties herein created and imposed, only upon the following terms and conditions, to-wit: First. The recitals of fact herein contained and contained in the bonds hereby secured, shall be taken as statements by The Railway Com- pany, and shall not be construed as made by the Trustee. Second. The Trustee may select and employ, in and about said trusts and duties, suitable agents, attorneys, and counsel, whose reasonable compensa- tion shall be paid to the said Trustee by The Railway Company, or in default of such payment, shall be a charge upon the hereby mortgaged property, rights, privileges, and franchises and their proceeds, paramount to said bonds; and the said Trustee shall not be liable for any neglect, omission, 414 clerk's assistant. or other wrongdoing of any such agents, attorneys, or counsel if reasonable care has been exercised in their selection; nor shall it be otherwise answer- able save for its own willful negligence or default; nor be liable for any act done or performed in good faith under any of the provisions of this indenture. Third. The Trustee shall have a lien paramount to the lien of these pres- ents upon the hereby mortgaged premises and funds for its expenses, counsel fees, and compensation incurred in the performance of the said trust powers and duties. Fourth. The Trustee shall be under no obligation or duty to perform any act hereunder or to defend any suit in respect hereof, unless fully indemnified to its satisfaction. The Trustee shall not be bound to recognize any person as a bondholder until his bonds are submitted to the Trustee for inspection, if required, and his title satisfactorily established, if disputed. Fifth. The exclusive right of action hereunder shall be vested in the Trustee until the refusal or omission of the Trustee so to act, and no bondholder shall have a right to enforce these presents until after demand upon the Trustee accompanied by a tender of indemnity satisfactory to it as aforesaid, and a refusal or omission as aforesaid of the Trustee to act in accordance with said demand. In witness whereof. The Railway Company, party hereto of the first part, has caused these presents to be subscribed in its corporate name by its president and its corporate seal to be affixed hereto, attested by its secretary; and the Trustee, party of the second part, has caused these pres- ents to be subscribed in its corporate name by its president, and its corporate seal to be affixed hereto, attested by its treasurer, in duplicate, on the day and year first above written. The Railway Company, By , President. Attest : , Secretary. Tbtjst Company of New Yobk, By , President. ' Attest : , Treasurer. STATE OF , ) ^ . County of , ' On the day of ., in the year one thousand nine hundred and , before me personally came and . , severally known to me, who, being by me severally sworn, each for himself did depose and say, the said , that he resided in : that he is the president of The Railway Company, the corpora- tion described in, and which executed the foregoing instrument; that he knew the seal of said corporation; that the seal affixed to said instrument was such corporate seal ; that it was so affixed by order of the board of directors of said corporation, and that he signed his name thereto by like order; and the said , that he resided in ; that he is the secretary CONVEYANCES BY DEED AND MORTGAGE. 415 of The Railway Company, the corporation described in, and which executed the foregoing instrument; that he knew the seal of said corpora- tion; that the seal affixed to said instrument was such corporate seal, and that he affixed the same thereto by order of the board of directors of said corporation. STATE OP , I > ss. . County of , ) On the day of , in the year one thousand nine hundred and , before me personally came , and severally known to me, who, being by me duly sevei-ally sworn, each for him- self did depose and say, the said , that he resided in ; that he is the president of Trust Company of New York, the corporation described in, and which executed the foregoing instrument; that he knew the seal of said corporation; that the seal affixed to said instrument was such corporate seal; that it was so affixed by order of the board of di- rectors of said corporation, and that he signed his name thereto by like order ; and the said , that he resided in ; that he is the treasurer of Trust Company of New York, the corporation de- scribed in, and which executed the foregoing instrument; that he knew the seal of said corporation; that the seal affixed to said instrument was such corporate seal, and that he affixed the same thereto by order of the board of directors of said corporation. ALABAMA. (Follow Form No. 74, with such covenants as are required, for which see Form No. 80.) ARIZONA. (Follow Form No. 74, with such covenants as are required, for which see Form No. 80.) ARKANSAS. (Follow Form No. 74, with such covenants [contained in Form No. 80] as required.) CALIFORNIA. No. 88. (Code 1899, § 2948.) This mortgage, made the day of , in the year 19 ... , by A. B., of , mortgagor, to C. D., of , mortgagee, wit- 416 clerk's assistant. nesseth: That the mortgagor mortgages to the mortgagee (here describe the property), as security for the payment to him of dollars, on {or, before) the day of , in the year 19 ... , with interest thereon (or, as security for the payment of an obligation, describing it, etc.). A. B. COLORADO. (Follow Form No. 74, with such covenants [contained in Form No. 80] as required.) CONNECTICUT. (Follow Form No. 74, with such covenants [contained in Form No. 80] as required.) DELAWARE. (Follow Form No. 74, with such covenants [contained in Form No. 80] as required.) , DISTRICT OF COLUMBIA. (Follow Form No. 74, with such covenants [contained in Form No. 80] as required.) FLORIDA. (Follow Form No. 74, with such covenants [contained in Form No. 80] as required.) GEORGIA. (Follow Form No. 74, with such covenants [contained in Form No. 80] as required.) IDAHO. (Follow Form No. 74, with such covenants [contained in Form No. 80] as required.) ILLINOIS. No. 89. (R. S., c. 30, § 11.) The mortgagor (here insert name or names), mortgages and warrants to (here insert name or names of mortgagee or mortgagees), to secure the pay- luent of (here recite the nature and amount of indebtedness, showing when due, and the rate of interest, and whether secured by note or otherwise), the CONVEYANCES BY DEED AND MORTGAGE. 417 following described real estate (here insert description thereof), situated in the county of , in the State of Illinois (hereby releasing and waiv- ing all right under and by virtue of the Homestead Exemption Law of this State). A. B. (l. s.) Dated, this day of , A. D. 19 . . . INDIANA. No. 90. (R. S., § 3409.) A. B. mortgages and warrants to C. D. (here describe the premises) to secure the repayment of (here recite the sum for which the mortgage is granted or the notes or other evidences .of debt, or a description thereof, sought to be secured, also the date of the repayment). Dated, ,19... A. B. (L. s.) IOWA. No. 91. (MeClain's Ann. Code 1897, I 2958.) For the consideration of dollars, I hereby convey to A. B. the following tract of real estate (describing it), "to be void upon condition that I pay," etc. • C. D. Dated, , 19.. . KANSAS. No. 92. (G. S. 1897, c. 119, § 2.) A. B. mortgages and warrants to C. D. (here describe the premises), to se- cure the payment of (here insert the sura for which the mortgage is granted, or the notes or other evidences of debt, or description thereof, sought to be secured, also the date of payment). A. B, Dated, , 19... KENTUCKY. (Ky. Stats. 1899, u-. 29, § 495.) (Follow Form No. 74, with such covenants [contained in Form No. 80] as required.) 27 418 clerk's assistant. LOUISIANA. No. 92%. ,19... Mortgage by in favor of UNITED STATES OF AMERICA, >■ State of Louisiana, Parish of Orleans — City of New Orleans. Be it known, that on this day of the month of , in the year of our Lord, one thousand nine hundred and , and of the Inde- pendence of the United States of America, the one hundred and Before me, , a notary public, duly commissioned and qualified, in and for this city and the parish of Orleans, therein residing, and in the presence of the witnesses hereinafter named and undersigned. Personally came and appeared : ( names of grantors ) . Which said appear . . declared and acknowledged that justly and truly indebted unto in the full and true sum of , borrowed money, which the said ha this day loaned and advanced to and for the reimbursement whereof ha . . made and subscribed certain promissory note for the sum of , to the order of and indorsed by , dated , and made paya- ble at the , after date , with interest thereon at the rate of per cent, per annum from , until paid, which said note. . after having been paraphed " Ne Varietur," by me, notary, to be here- with identified, , delivered unto here present hereby acknowledging the receipt thereof. Now, in order to secure the full and punctual payment of above described note. ., in capital and interest, together with all attorney .s fees and premiums of insurance, as hereinafter specified, the said declared that do . . by these presents, mortgage, eflFeet and specially hypothecate in favor of the said , and to inure to the use and benefit of any and all holder or holders of said note . . the said being here present and accepting the following described property, to- wit : ( description of property ) . The said property so to remain mortgaged and hypothecated until the full and final payment of the aforesaid promissory note. . in capital and interest, the said mortgagor . . hereby binding not to sell, alienate, mortgage or incumber the same to the prejudice of these presents. And the said mortgagor moreover bind , in case it should become necessary to institute suit for the recovery of the amount of said note . . or any part thereof, to pay the fees of the attorney -a t-law who may be employed for that purpose, which fees are hereby fixed at per cent, on the amount sued for. CONVEYAKCES BY DEED AND MORTGAGE. 419 The said mortgagor . . further bind to keep the building!? on above described property constantly insured against the loss by fire, and to transfer such insurance to the mortgagee or any other holder or holders of above described note . . up to the full amount of such note . . . Said mort- gagor. . hereby authorizing said mortgagee or any holder or holders of above described note. . to cause said insurance to be effected on default, at a premium not exceeding per cent. And the said mortgagor . . did further declare that do . . by these presents, consent, agree, and stipulate, that in the event of said promissory note. . not being punctually paid at maturity, it shall be lawful for, and do . . hereby authorize the said mortgagee or any other holder or holders thereof, to cause all and singular the said hereinbefore de- scribed and herein mortgaged property to be seized and sold by executory pro- cess without appraisement, to the highest bidder, payable in cash. And in the event of all taxes not being punctually paid by the mortgagor herein when they become due, the mortgagee or holder or holders of said note authorized to pay same, with full subrogation to all the mortgagee's rights thereunder. Now to secure the faithful performance of the foregoing obligations, and the reimbursement and payment of said note . . and lawyer's fees and premiums of insurance, as above specified, the mortgagor . . do . . by these presents further specially mortgage and hypothecate the hereinbefore described property unto and in favor of said mortgagee or holder or holders of said promissory note . . hereby confessing judgment for the full amount of said note . . in capital and interest, together with all costs, attorney's fees, taxes •and premiums of insur- ance. According to the certificates of the register of conveyances and recorder of mortgages in and for parish annexed , it appears that said property has not been heretofore alienated by the present mortgagor and is clear of all incumbrances. Thus done and passed, in my office, at the city of New Orleans, on the day, month and year herein first above written, in the presence of Messieurs , competent witnesses, who hereunto sign their names with the said appearers, and me, notary, after reading of the whole. MAINE. (Follow Form No. 74, with such covenants [contained in Form No. 80] as required. ) MARYLAND. No. 93. (Code 1888, as amd. to 1898, art. 21, § 59.) This mortgage, made this day of , by me, witnesseth: That in consideration of the sum of dollars, now due from me, 420 clekk's assistant. the said , to ,1, the said , do grant unto the said (here describe the property) ; provided, that if I, the said , shall pay, on or before the day of , to the said , the sum of dollars, with the interest thereon from , then this mortgage shall be Void. Witness my hand and seal. (seal.) MASSACHUSETTS. (Follow Form No. 74, with such covenants [contained in Form No. 80] as required.) MICHIGAN. No. 04. (Cons. L. Mich. 1897, § 9017.) A. B. mortgages and warrants to C. D. (here describe the premises), to se- cure the repayment of ( here recite the sum for which the mortgage is granted,. or the notes or other evidence [evidences] of debt, or a description thereof sought to be secured, also the date of the repayment). Dated, ,19... A. B. (l. s.) MINNESOTA. (Follow Form No. 74, with such covenants [contained in Form No. 80] as required.) MISSISSIPPI. No. 95. (Thompson, Dillard & Campbell Ann. Code 1892, § 2483.) In consideration of (here state it), I convey and warrant to , the land described as (describe it). In trust to secure (here state what is secured, and all the necessary pro- visions ) . Witness my signature, the day of , A. D. 19 . . . MISSOURI. (Follow Form No. 74, with such covenants [contained in Form No. 80] as required.) CONVEYANCES BY DEED AND MORTGAGE. 421 MONTANA. No. 96. (Civ. Code 1895, § 3841.) This mortgage, made the day of , in the year , by A. B., of , mortgagor, to C. D., of , mortgagee, wit- iie.sseth : That the mortgagor mortgages to the mortgagee (here describe the prop- erty ) , as security for the payment to him of dollars, on ( or, be- fore ) the day of , in the year , with interest thereon {or, as security for the payment of an obligation, describing it, etc.). (Acknowledgment.) A. B. NEBRASKA. (Follow Form No. 74, with such covenants [contained in Form No. 80J as required.) NEVADA. (Follow Form No. 74, with such covenants [contained in Form No. 80] as required.) NEW HAMPSHIRE. (Follow Form No. 74, with such covenants [contained in Form No. 80] as required.) NEW JERSEY. (Follow Form No. 74, with such covenants [contained in Form No. 80] as required.) NORTH CAROLINA. (Follow Form No. 74, with such covenants [contained in Form No. 80] as required.) NORTH DAKOTA. No. 97. (Civ. Code, § 4725.) This mortgage, made the day of , in the year by A. B., of , mortgagor, to C. D., of , mortgagee, wit- nesseth: That the mortgagor mortgages to the mortgagee (here describe the property ) , as security for the payment to him of dollars, on or before the day of , in the year 19. . ., with interest thereon ( or, as security for the payment of an obligation, describing it, etc. ) . Dated, ,19... A. B. 422 CLEEK S ASSISTANT. OHIO. (Follow Form No. 74, with such covenants [contained in Form No. 80] as required.) OKLAHOMA. No. 98. (Stats. 1893, par. 1613.) Know all men by these presents, That I, , hereby mortgage to , to secure the payment of dollars, due as follows: , the following described real property, situated in county. Territory of Oklahoma, to-wit : , with all the appurtenances, and warrant the title to the same. Signed and delivered, this day of , 19 . . . OREGON. (Follow Form No. 74, with such covenants [contained in Form No. 80] as required.) PENNSYLVANIA. (Follow Form No. 74, with such covenants Tcontained in Form No. 80] as required.) RHODE ISLAND. (Follow Form No. 74, with such covenants [contained in Form No. 80] as required.) SOUTH CAROLINA. (Same as North Carolina.) SOUTH DAKOTA. (Same as North Dakota.) TENNESSEE. No. 99. (Code, § 2820.) I hereby convey to A. B. the following land: (Describing it), to be void upon condition that I pay, etc. Dated, , 19. . . (Signature.) (L. S.) CONVEYANCES BY DEED AND MORTGAGE. 423 No. 100. Deed of Trust. (Id.) For the purpose of securing to A. B. a note of this date, due at twelve months, with interest from date (or, as the case may be), I hereby convey to C. D., in trust, the following property (describing it) : and if the note is not paid at maturity, I hereby authorize C. D. to sell the property herein con- veyed (stating the manner, place of sale, notice, etc.), to execute a deed to the purchaser, to pay off the amount herein secured, with interest and costs, and to hold the remainder subject to my order. Dated, , 19. . . (Signature.) (l. s.) TEXAS. (Follow Form No. 74, with such covenants [contained in Form No. 80] as required.) UTAH. No. 101. (R. S. 1898, § 1983.) A. B., mortgagor ( here insert name or names and place of residence ) , hereby mortgages to C. D., mortgagee (here insert name or names, and place of resi- dence ) , for the sum of dollars, the following tract of land in county, Utah ( here describe the premises ) . This mortgage is given to secure the following indebtedness (here state amounts and form of indebtedness, maturity, rate of interest, by and to whom payable and where ) . The mortgagor agrees to pay all taxes and assessments on said premises, and the sum of dollars attorney's fee in case of foreclosure. Witness the hand of said mortgagor, this day of , A. D., 19... A. B. VERMONT. (Follow Form No. 74, with such covenants [contained in Form No. 80] as required.) VIRGINIA. No. 102. (Code 1887, § 2441.) This deed, made the day of , in the year , between (the grantor), of the one part, and (the trustee), of the other part, witnesseth: That the said (the grantor) doth (or, do) grant unto the said (the trustee), the following prop- 424 cleek's assistant. erty (here describe it) : In trust to secure (here describe the debts to be secured or the sureties to be indemnified, and insert covenants or any other provisions the parties may agree upon). Witness the following signatures and seals {or, signature and seal). ( Acknowledgment. ) WASHINGTON. No. 103. (Ballinger's Ann. Codes & Stats., § 4522.) The mortgagor (here insert name or names) mortgages to (here insert name or names of mortgagee or mortgagees), to secure the payment of (here recite the nature and amount of indebtedness, showing when due, rate of interest, and whether secured by note or not), the following described real estate (here insert description), situated in the county of , State of Wash- ington. Dated, this day of , 19 . . . A. B. ( Acknowledgment. ) WEST VIRGINIA. (Code 1891, c. 72, § 5.) (Same as Virginia.) WISCONSIN. No. 104. (Stats., § 2209.) A. B., mortgagor, of county, Wisconsin, hereby mortgages to C. D., mortgagee, of county, Wisconsin, for the sum of dollars, the following tract of land in county: (Here describe the premises ) . This mortgage is given to secure the following indebtedness: (Here state amount or amounts and form of indebtedness, whether on note, bond, or other- wise, time or times when due, rate of interest, by and to whom payable, etc.). The mortgagor agrees to pay all taxes and assessments on said premises, and the sum of dollars, attorney's fees in case of foreclosure thereof. Witness the hand and seal of said mortgagor, this day of » 19... In presence of CONVEYANCES BY DEED AND MORTGAGE. 425 WYOMING. (R. S. 1887, § 52.) (Follow Form No. 74, with such covenants [contained in Form No. 80] as required.) Poreclosure by Advertisemetit. The following is the substance of the provisions of the New York Code of Civil Procedure, and other statutes relating to foreclosure otherwise than by- suit in equity: In order to foreclose a mortgage by advertisement, a notice that such mort- gage will be foreclosed by a sale of the mortgaged premises, or some part of them, specifying the names of the mortgagor and mortgagee, and the assignee of the mortgage, if any; the date of the mortgage and the time when, and the place where, recorded; the amount claimed to be due thereon, at the time of the first publication of such notice; and, if any sum secured by the mort- gages not then due, the amount to become due thereon; and a description of the mortgaged premises, conforming substantially with that contained in the mortgage must be published at least once in each week for twelve weeks suc- cessively, in a newspaper printed in the county where the premises intended to be sold shall be situated, or if such premises shall be situated in two or more counties, in a newspaper printed in either of them. (Civil Code, §§ 2388, 2391.) And a copy of such notice must be aflSxed, at least eighty- four days prior to the time therein specified for the sale, in a conspicuous place, at or near the entrance of the building where the county courts are directed to be held, in the county where the premises are situated; or if there be two or more such buildings, then on the outward door of that which shall be nearest the premises. (Id.) A copy of such notice must be delivered at least eighty-four days prior to the time therein specified for the sale, to the clerk of the county in which the mortgaged premises, or any part thereof, are situated, who shall immediately afiix the same in a book prepared and kept by him for that purpose; and who shall also enter in said book, at the bottom of such notice, the time of receiv- ing and affixing the same, duly subscribed by said clerk, and shall index such notice to the name of the mortgagor. (Id., §§ 2388, 2390.) And a copy of such notice must be served, at least fourteen days prior to the time therein specified for the sale upon the mortgagor or his personal representatives, and upon the subsequent grantees and mortgagees of the premises whose convey- ance and mortgage shall be upon record at the time of the first publication of the notice, and upon all persons having a lien by or under a judgment or decree upon the mortgaged premises, subsequent to such mortgage; per- sonally; or by leaving the same at their dwelling-house, in charge of some person of suitable age; or by serving a copy of such notice upon such per- sons as are not the mortgagor, his wife, widow, executor, or administrator, or a subsequent grantee of the property at least twenty-eight days prior to the time therein specified for the sale, by depositing the same in the post-office, properly folded and directed to the said persons at their respective places of residence. 426 clebk's assistant. Such sale may be postponed from time to time, by inserting a notice of such postponement, as soon as practicable, in the newspaper in which the original advertisement was published, and continuing such publication until the time to which the sale shall be postponed. (Id., § 2392.) Such sale shall be at public auction, in the day-time, on a day other than Sunday or a public holiday, in the county where the mortgaged premises, or some part thereof, are situated; except on sales of property mortgaged to the people of this State, in which ease the sale may be made at the Capitol. (Id., § 2393.) If the premises consist of distinct farms, tracts, or lots, they shall be sold separately; and no more farms, tracts, or lots, shall be sold than shall be necessary to satisfy the amount due on such mortgage, at the time of the first publication of notice of sale, with interest, and the cost and ex- penses allowed by law. (Id.) But where two or more buildings are situated upon the same city lot, and access to one is obtained through the other, they must be sold together. (Id.) The mortgagee, his assigns and his or their legal representatives, may fairly and in good faith purchase the premises so advertised, or any part thereof, at such sale. (Id., § 2394.) An affidavit of the fact of any sale pursuant to such notice, may be made by the person who officiated as auctioneer at such sale, stating the time and place at which the same took place, the sum bid, and the name of the pur- chaser, and shall be annexed to a printed copy of the notice of sale. (Id., § 2396.) An affidavit of the publication of such notice of sale and of any notice of postponement may be made by the publisher or printer of the news- paper in which the same was inserted, or by his foreman or principal clerk, and an affidavit of the affixing of a copy of such notice at or near the entrance of the proper courthouse, may be made by the person who affixed the same, or by any other person who saw such notice so posted during the time re- quired, and an affidavit of the affixing a copy of such notice in the said books so to be provided and kept by the clerk, may be made by the county clerk, or by any other person who saw such notice so affixed, during the time re- quired; and an affidavit of the serving a copy of such notice on the persons entitled to service thereof, may be made by the persons who served the same. (Id.) These affidavits may be filed in the office of the clerk of the county where such sale took place. Such affidavit shall be recorded at length by such clerk in a book kept for the record of mortgages; and such original affidavit, the record thereof, and certified copies of such record shall be presumptive evi- dence of the facts therein contained. (Id., § 2398.) County clerks and registers are authorized to deliver the original affidavits to the purchaser. (L. 1900, c. 223.) No. 105. Kotice of Sale on a. Eoreclosure of a Mortgage by Advertisement. Mortgage Sale. — By virtue of a mortgage, bearing date, , 19 ... , , and , his wife, of the city of Albany, conveyed to CONVEYANCES BY DEED AND IIORTOAOE. 427 of the same place, certain premises described in said mortgage, as follows: (Insert description.) Said mortgage, with the power of sale therein contained, was recorded in the clerk's oiTice of the city and county of , the day of , 19. . ., at 11 o'clock, A. M., in the book of Mortgages No. 80, on page 650, etc. * The amount due on said mort- gage at the time of the first publication of this notice, is $735. Now, there- fore, notice is hereby given that said mortgaged premises will be sold at pub- lie auction to the highest bidder, on the day of , 19 ... , at 12 o'clock, noon, at , in the city of , Mortgagee. Dated, , 19.. . , Attorney. No. 106. Notice of Sale on a Poreclosure when the Mortgage has been Assigned. (As in No. 105, to the *, and then insert the following:) Which said mortgage, with the power of sale therein contained, was on the day of , 19. . ., by an instrument in writing, duly signed and sealed, for a valuable consideration, duly transferred and assigned to L. M., who is now the holder and owner thereof, which said assignment is duly recorded in the office of the clerk of the county of , in book No. 81 of Mortgages, on page 700, etc. No. 107. Affidavit of Publication. STATE OF NEW YORK, i County of , of the of , county of , and fe'tate of New York, being duly sworn, deposeth and saith, that he is, and during the time of the publication of the notice hereinafter mentioned was, the of the newspaper called the , a public newspaper, printed and published in the of , county of that being the county where the premises described in the annexed printed notice of sale, or a part thereof, are situated. Deponent further says, that the notice of the mortgage sale, of which a printed copy is hereto annexed, was published in said newspaper, at least once in each of the twelve weeks immediately preceding the day of sale specified in said notice of sale; said publication having been commenced on the day of , 19. . ., and ending on the day of , 19. . . Subscribed and sworn to before me, this i day of , 19... \ 428 cleek's assistant. No. 108. Affidavit of Affixing on Courhouse Door. STATE OF NEW YORK,; County of RK,) ss.. , of the of , in the county of , and State of New York, being sworn, saith, that he did on the day of , in the year 19. . ., and at least eighty-four days prior to the time specified in the annexed printed copy of the notice for the sale of the mort- gaged premises therein described, fasten up a copy of the annexed printed notice in a proper and substantial manner, in a conspicuous place, at or near the entrance of the building where the County Court of said county of is directed to be held, to-wit : on the outer side of the outward door of the Courthouse, or building in the of , where the County Courts are directed and appointed to be held, in and for the county of , in which said mortgaged premises are situated, that being the Courthouse or building where County Courts of said county are di- rected and appointed to be held, nearest to said mortgaged premises. Subscribed and sworn to before me, this ) day of , 19... ) Note. — If land lies in two counties, must be afBxed in each. (47 Barb. 417.) No. 109. Auctioneer's Affidavit. STATE OF NEW YORK, ) y ss. . County of , i , of , in the , county of being duly sworn, doth depose and say, that he is the person who ofSoiated as auc- tioneer at the sale of the premises described in the annexed printed copy of the notice of sale, by virtue of the mortgage therein mentioned, and pursuant to said notice, and that this deponent, as such auctioneer, and at public auc- tion on the day of , 19 . . . , at o'clock in the noon of that day, at the , in the of , county of , New York, by virtue of the power of sale contained in said mortgage, and pursuant to said "notice, did sell to , of the town of , in the county of , upon the terms and subject to the reservations and conditions hereinafter mentioned, the lands and premises, a description whereof is contained in said mortgage and set forth in said no- tice, as follows, viz. : Deponent further says, that at said sale the said purchased the said lands and premises above described, at and for the price of dollars, and cents, . . .he. . . being the highest bidder. . . therefor, and that being the highest sum bidden for the same. CONVEYANCES BY DEED AND MORTGAGE. 429 Deponent further says, that such sale was in the day-time, and in all re- spects honestly and fairly and legally conducted, according to deponent's best knowledge and belief; that the premises, so far as the same consisted of dis- tinct tracts, farms, or lots, were sold separately, and no more tracts, farms, or lots were sold than were necessary to satisfy the amount claimed to be due on said mortgage in said notice at the day of the first publication thereof, and interest and costs and expenses allowed by law. Sworn to and subscribed before me, this ) day of , 19.. . ) i ss.: No. 110. Affidavit of Service of Notice. STATE OF NEW YORK, County of , of the of , in said county, being duly sworn, says, that he resides in said That he is the attorney whose name subscribed to the notice of foreclosure and sale hereto an- nexed. That on the day of , 19. . ., this deponent served a copy of the said notice on each of the several persons next hereinafter named, by depositing a copy of the said notice in the post-office hereinafter stated, properly inclosed in a post-paid wrapper, directed to the persons to be served at their respective places of residence, to- wit: to the several persons next hereinafter named, and at and to the post-offices set opposite their names re- spectively, as hereinafter stated. That on the day last aforesaid, this deponent deposited all of said notices, so inclosed and directed as aforesaid, in the post- office at , where said attorney then resided, and paid the full legal postage on each of them. That at the time said notices were so deposited in the post-office in , there was a regular communication by mail, at least once in each week, between said post-office and each of the other post- offices to which said notices were so directed: and that at that time each of the said persons resided at the respective places to which their said notices were so directed. That the names of said persons and the direction of said notices to them, as aforesaid, were respectively as follows, viz.: , at , N. Y. , at , N. Y. , at , N. Y. Deponent further says that at the times and the places hereinafter named, he served personally, a copy of said notice of foreclosure and sale on the fol- lowing persons, viz.: on , at , N. Y., on tlwi day of , 19 ... , on , at , N. Y., on the day of , 19 ... , on , at , N. Y., on the day of , 19 . . . , 430 by delivering a copy of the same to each of said persons personally, and lear- ing the same with each of them. Subscribed and sworn to before me, this j day of , 19.. . \ No. 111. Affidavit of Affixing by Clerk. STATE OF NEW YORK, i J. ss. . County of , ) , of , in said county, being duly sworn, says, that he is the clerk of said county of , the county in which the mort- gaged premises described in the annexed printed copy notice of sale are situ- ated ; that on the day of , 19 . . . , he did affix a printed copy notice of sale, a copy whereof is also hereto annexed, in a book prepared and kept by the clerk of said county of for that purpose ; and did also immediately make and subscribe a minute at the bottom of the copy of the time when he received and affixed it, and did also immediately index the same to the name of the mortgagor ... in said notice named. Deponent further nays, that the time when he did and performed said acts, was at least eighty- four days prior to the time in said notice specified for the sale of the mort- gaged premises therein described. Subscribed and sworn to before me, this | day of , 19. . . ) NoTK. — If land lies in two counties, must be affixed in each. (47 Barb. 117.) No. 112. Costs in Foreclosure and Sale by Advertisement. (Code, §§ 2401, 2402.) STATUTE FORECLOSURE. C. D. agt. A. B., E. B., and M. Q. Drawing notice of sale, at 25c. per folio; engrossing, at 13c. per folio. $ Printer's fees for publication County cleik's fees for searches Copy notice of sale for printer's affidavit, at 25c. per folio COEPOEATIONS. 4^1 Drawing affidavit of printer, at 25c. per folio; engrossing, at 13c. per folio ; affidavit, at 13c. per folio Copy notice to post, at 13c. per folio; posting, $1 Three copies to serve, at 13c. per folio; serving, $1 each Drawing affidavit of posting, at 25c. per folio; engrossing, at 13c. per folio ; affidavit, at 13c. per folio Drawing affidavit of serving on county clerk to affix in the book, at 25e. per folio; engrossing, at 13c. per folio; affidavit, at 13g. per folio For services specified in section 2390 Copy notice for proof of posting, at 13c. per folio Copy notice to affix in county clerk's office, at 1 3c. per folio Drawing proof of service of notice, at 25c. per folio; engrossing, at 13c. per folio ; affidavit, at 13c. per folio Copy notice for proof of service of notice, at 13c. per folio Attorney's fees by statute Drawing conditions of sale, at 25c. per folio; engrossing, at 13c. per folio Drawing copy costs, at 25c. per folio; engrossing, at 13c. per folio. . Recording papers, when mortgagee is the buyer CHAPTER XXI. CORPORATIONS. While some of the States still adhere to the practice of forming corpora- tions exclusively by special acts of their respective legislatures, most of them have passed general laws whereby all ordinary business corporations may be organized by the making and filing of a certificate, signed by the corporators, setting forth the various facts respecting the proposed corporation which are required by the respective statutes, and paying the organization tax. This tax varies in the difTerent States. For example, in ]Srp\v York it is one-twentietli of one per centum on the amount of the capital stock of the corporation, and $10 in addition for each certificate; in New Jersey it is twenty cents on each $1,000 (in no case less than $20 for each certificate). These are the fees for what are known as business corporations, as distinguished from banks, trust companies, insurance corporations, railroad companies, etc. In New York, corporations are classified by statute as follows: A corporation shall be either : 1. A municipal corporation; 2. A stock corporation; 3. A nonstock corporation; or, 4. A mixed corporation. A stock corporation shall be either: 1. A moneyed corporation; 2. A transportation corporation; or, 3. A business corporation. A nonstock corporation shall be either: 1. A religious corporation: or, 2. A membership corporation. 432 cleek's assistant. A mixed corporation shall be either : 1. A cemetery corporation; 2. A library corporation; 3. A co-operative corporation; 4. A board of trade corporation; or, 5. An agricultural and horticultural corporation. A transportation corporation shall be either: 1. A railroad corporation; or, 2. A transportation corporation other than a railroad corporation. A membership corporation shall include benevolent orders and fire and soldiers' monument corporations. Preliminary to the forming of the corporation, an agreement is sometimes entered into by which the subscribers agree to form a, corporation and to take the amount of stock therein specified, but this is not essential and is fre- quently omitted. After the preliminary agreement has been signed (if one is entered into) by a sufficient number (which must be not less than three, all of whom must be of full age, at least one a resident of New York State and at least two- thirds of whom must be citizens of the United States, and one director must be a resident of the State), a certificate of incorporation is drawn up according to one of the forms given hereafter. This should be signed and acknowledged in duplicate. One of the originals is forwarded to the secretary of state at Albany, with two post-office orders, or certified checks, made payable respectively to the secretary of state and the State treasurer. The one to the secretary of state must be for $10, in addition to fifteen cents for each folio (100 words) in the certifi- cate. One typewritten page contains about three folios, and, therefore, a certifi- cate containing three typewritten pages would require $1.35 recording fees, mak- ing in all $11.35 for the secretary of state. The check for the treasurei can be sent in the same envelope and must be for one-twentieth of one per centum on the amount of the capital stock, or .50 (in no case less than $1) on each $1,000. The secretary of state and the treasurer will each send a re- ceipt for the several sums, and the receipt from the treasurer must be at- tached to the other duplicate certificate of incorporation, after which this duplicate certificate must be filed and lecorded in the ofiice of the clerk of the county where the corporation has its principal business office. The clerk's fee is ten cents a folio for recording. This completes the formation of the corporation, and the next step is to organize and elect officers. As the directors for the first year are named in the certificate there is no necessity for a meeting of stockholders to elect directors. A stockholders' meeting may, however, be required to transact otlier business, such as adopting by-laws (if the directors are not clothed with power to make them), authorize mortgages, etc. If it is necessary to bring the stockholders together it may be done either by a notice or by all the stockholders signing a waiver of notice, the latter being the usual method pursued. Whether or not a meeting of the stockholders is required for any purpose, the organization can be accomplished by the directors meeting, either upon notice or upon signing a waiver of notice. The latter is the usual method of pioceeding. The directors may meet at any time after the certificate of incorporation has been filed in the county clerk's office, and sign a waiver of notice of the meeting, which should be written in the minute book. The directors then elect officers from their number, adopt a, seal and then mak( I'ules or by-laws to govern their own meetings and the business of the cor- poration. This completes the organization, and the corporation is then in con- dition to proceed with the business for which it was created, subject only to the provision, that before it incurs any debts the amount of capital specified in the certificate of incorporation as the amount of capital with which it will begin business must be paid, in money or property. The following forms of certificates, with such modifications as will readily suggest themselves to conform them to specific corporations, cover practically COBPOEATIONS. 433 the whole field in New York State, except those relating to the Banking, In- surance, and Ilailroad Law. It should be borne in mind that, generally speaking, a certificate of incorporation may legally contain any restriction on the kind or amount of business to be done, and also any rules governing the conduct of the business of the company; provided only, that such restric- tions or rules are not contrary to law. A. number of miscellaneous forms are also given, which will be found useful in conducting the business of a corporation. FORMS IN THIS CHAPTER. Stock corporations: No. Page. Certificate of Incorporation of business corporation 1 434 Amended or supplementai certificate 2 43S Certificate of incorporation of a ferry corporation 3 438 Aflidavit as to payment in of one-half of capital stock 4 439 Certificate of incorporation of a navigation corporation 5 439 Certificate of Incorporation of a stage-coach corporation 6 441 Certificate of incorporation of n tramway corporation 7 441 Certificate of incoi*poration of a pipe-line corporation 8 442 Certificate of Incorporation of a gas or electric light corporation 9 443 Certificate of incorporation of a water- works corporation 10 444 Certificate of incorporation of a telegraph or telephone corporation.... 11 446 Certificate of a turnpike, plankroad or bridge corporation 12 446 Certificate of reorganization upon a sale of corporate property and franchises 13 447 Certificate of reincorporation of existing corporation 14 448 Certificate of Increase or reduction of capital stock 15 450 Certificate increasing or reducing number of directors 16 451 Certificate of change of place of business 17 453 Notice of meeting to adopt by-laws 18 454 Form of consent to extend corporate business 19 454 Certificate for extension of lines of telegraph or telephone company.... 20 456 Certificate of full payment of stock of navigation company 21 456 Membership corporations: General form of certificate of incorporation under Membership Cor- poration Law 22 458 Incorporation of unincorporated association 23 459 Certificate of reincorporation of membership corporation 24 462 Consolidation of membership corporations 25 463 Supplemental certificate changing number of directors 26 467 Supplemental certificate designating trustees 27 468 Supplemental certificate changing time of annual meeting 28 469 Certificate of incorporation of cemetery corporation 29 470 Certificate of incorporation of private cemetery corporation 30 472 Certificate of Incorporation of fire corporation 31 473 Certificate of Incorporation of corporation for the prevention of cruelty, 32 474 Certificate of incorporation of hospital corporation 33 476 Certificate of incorporation of a Christian association 34 477 Certificate of Incorporation of a bar association 35 478 Certificate in incorporation of a veteran soldiers and sailors' association, 36 479 Certificate of incorporation of soldiers' monument association 37 4S0 Certificate of Incorporation of a board of trade 38 481 Certificate of incorporation of agricultural and horticultural corporation, 30 482 Certificate changing number of directors of cemetery corporation 40 484 Certificate of extension of purposes 41 484 Religious corporations: General form of certificate of incorporation of church 42 486 Notice of meeting for incorporation of church 43 487 28 434 clekk's assistant. No. Page. Incorporation of union church 44 488 Incorporation of governing bodies 45 4m Notice of meeting for incorporation of Eplscopai church 46 489 Certificate of incorporation of Episcopal church 47 4S1J ("ertiflcate of incorporation of Roman Catholic or Greels church 48 490 Certificate of incorporation of Reformed Dutch, Reformed Presbyterian, or Lutheran church 49 491 Incorporation of corporations for acquiring parsonages for presiding elders or camp-meeting grounds 50 492 Certificate of incorporation of corporations for maintaining mission churches and Sunday schools 51 494 Consolidation of incorporated churches 52 495 Notice of time and place of corporate meeting of church 53 500 Notice of annual elections of the Episcopal church 54 500 Certificate changing the number of vestrymen of Episcopal church 55 500 Certificate changing date of annual election, number, and terms of office of vestrymen and terms of churchwardens of Episcopal church 56 501 Certificate changing the Qualifications of voters and the qualifications of wardens and vestrymen of the Episcopal church 57 502 Certificate of trustees of Lutheran church changing system of electing trustees 58 504 Certificate changing system of choosing trustees of Reformed church 59 504 Removal of human remains 60 505 Petition for the sale, mortgage, or lease of real property 61 508 Certificate correcting error in conveyance 62 510 Judicial investigation of amount of property of religious corporation . . 63 511 Miscellaneous forms : Form of by-laws 64 514 Certificate of inspectors of election 65 517 Oath of inspectors of election 66 518 Annual report 67 518 Form of certificate of stock 68 519 Certificate as to payment of capital stock 69 519 Certificate as to payment In of amount with which the corporation is to begin business 70 520 Proxy ; 71 520 Power of attorney to- transfer stock in a bank or corporation 72 521 Transfer of stock in corporation or bank 73 522 Inspector's oath 74 5211 Oath to stockholder at election 75 522 Oath to proxy 76 523 No. 1. Certificate of Incorporation of Business Corporation. (Bus. Corp. L., § 2.) Certificate of Incorporation of the Garbage Reduction and Cremating Company STATE OF NEW YORK,) ^^ County of New York, ) We, the undersigned, desiring to form a corporation, pursuant to the pro- visions of the Business Corporations I..aw, all being of full age and two-thirds ( 2-3 ) being citizens of the United States, and at least one ( 1 ) a resident of the State of New York, no hereby cebtift: First. That the name of the proposed corporation is the Garbage Reduc- tion and Cremating Company. COKPOEATIONS. 435 Second. The purposes for which this corporation is to be formed are:i (a) To receive, procure, collect, gather, remove, and transport garbage, ashes, refuse, sewage, sweepings, waste matter of all kinds, and other mate- rials, for compensation or otherwise; to sort the same, and to sell the whole or any part thereof, or to convert the whole or any part thereof, either alone or in connection with other materials, into valuable or salable products or articles, or to otherwise dispose of the same. (b) To fill in, grade, drain, or otherwise alter or improve land. (c) To contract with municipal or other corporations, or other parties, to receive, gather, collect, remove, or transport garbage, ashes, refuse, sewage, sweepings, waste matter, and materials of all kinds. (d) To contract with municipal or other corporations, or other parties, to supply the materials before mentioned, or any of them, or any product thereof; or to apply them, or any part or product thereof, to land, to fertilize it, or to fill it in, or to grade, or otherwise improve it. (e) To acquire land for the purpose of fertilizing, filling in, grading, or otherwise improving it; and to hold, lease, mortgage, or dispose of it; and to acquire, hold, sell, or otherwise deal in real estate for any purpose. (f) To apply for, purchase, or otherwise acquire; to hold, own, use, oper- ate ; to sell, assign, or otherwise dispose of ; to grant licenses in respect of, or otherwise turn to account, any and all inventions, improvements, or proc- esses used in connection with, or secured under letters-patent of the United States, or of other countries, or otherwise; and to purchase, sell, use, register, or otherwise deal in any trade-mark, trade-name, good-will, or other right or equity pertaining to the business of the company. (g) To engage in any business incident to the objects above set forth, or which may appear to the company capable of being carried on advantage- ously in connection with its general business or for experimental purposes, or to supply materials for the operations of the company, or to minister to the comforts or conveniences of its employees or customers, or to dispose of its surplus products, or to create a market for its products, or to provide for the convenient transportatiori of its products or materials, or directly or indirectly to aid or encourage any oi the forms of enterprise above enumerated, or to utilize any of the resources or assets of the corporation; to temporarily use, operate, or lease any works, constructed, altered, or re- paired by this company, which are not yet completed, or which are not yet fully paid for by the persons for whom they were constructed, altered, or repaired, or to whom they may be intended to be sold. (h) To purchase, manufacture, lease, rent, sell, and use any tug, scow, lighter, derrick, vessel, engine, car, wagon, tools, or personal property of any description that to the company may seem convenient or necessary for the carrying on of its business. (i) To acquire, use, and dispose of any real property, and to erect any building, in any of the States or Territories of the United States, or in the District of Columbia, or in any foreign country, that may to the company seem necessary or convenient for the carrying on of its business, or for the pro- motion of any object for which this company is formed. » These Brovisions may be varied to suit the particular business. 436 cleek's assistant. (k) To borrow and raise money on sueh terms as the company may deter- mine, and to secure the repayment of any money borrowed or raised, to- gether with any interest or bonus, payable in respect thereto, by way of a share of profits or a fixed interest, on sueh terms and conditions as the company may determine. ( 1 ) To purchase, acquire, subscribe for, hold, sell, assign, or otherwise deal in stock, bonds, debentures, or other obligations of other corporations, botli domestic and foreign; and to issue in exchange therefor, the stock, bonds, or other obligations of this company; and to amalgamate or con- solidate with sueh other companies. (m) To pay all or any part of the expenses of and in connection with the incorporation, promotion, and establishment of other companies, either do- mestic or foreign; to obtain subscriptions to the capital stock thereof, and to enter into any contract or contracts respecting the same. (nj To issue shares, wholly or partly paid up, bonds, or other securities, to any director or officer of the company, or any other person, as the considera- tion for any property which may be acquired by, or any service or work which may be, or has been rendered to or done for the benefit of the corporation. (o) To distribute in kind, all or any of the property of the company among the members by way of dividends or otherwise. Third. The amount of the capital stock is five hundred thousand dollars ( $500,000 ) . ( Specify what portion, if any, is to be preferred stock, and give the preference which shall appertain to it.) Fourth. The stock shall be divided into five thousand (5,000) shares of com- mon slock, of one hundred ($100) dollars each, and the amount of capital with which said corporation will begin business will be one hundred thousand dollars ($100,000). Fifth. The principal business ofiice of the corporation is to be located in New York city, in the county of New York, in the State of New York. Sixth. Its duration is to be fifty years. Seventh. The number of its directors is to bo five ( 5 ) . ( Not less than three. ) Eighth. The following provisions shall be binding on the corporation, its directors, officers, and stockholders, in the regulation of the business and the conduct thereof: 2 (a) Any bond, debenture, promissory note, or other security issued by the company, may be made in sueh manner, and, so far as the law permits, may contain such powers, privileges, restrictions, and conditions as the directors, or the officer or officers duly authorized by the directors, think expedient. (b) The board of directors shall have power to fix the remuneration to be paid to the officers of the corporation, and also for their own services (or, but the stockholders shall fix the remuneration to be paid to the directors). (c) The directors may fix the remuneration to be paid to the promoter or the promoters of this company, both for their expenses and their services, and ^ Any limitation on the powers of the officers or regulation concerning the con- duct of ttie business, may be inserted here. COBPOEATIONS. 437 may determine whether' payment therefor shall be made in money, property, stock, bonds, or other obUga.tions of the corporation. (d) The directors shall cause true accounts to be kept of the company's business, assets, and liabilities, as provided in the by-lawa. (e) The directors shall, from time to time, determine whether in any par- ticular ease or class of cases, or generally, and at what time and places, and undier what conditions or regulations, the accounts and books of the corpora- tion, or any of them, shall be open to the inspection of stockholders; and no stockholder shall have any right to inspect any account or book or document of the corporation, except as conferred by statute, or authorized by the di- rectors, or by resolution of the stockholders in general meeting. (f) Once at least in every year the accounts of the corporation shall be examined, and the correctness of the statement and balance sheet ascertained by one or more auditor or auditors. The first auditors shall be appointed by the directors ; subsequent auditors shall be appointed each year by the ec»rpora- tion at the general meeting of stockholders. No stockholder, director, or offi- cer of the corporation, or other person who is interested in any transaction of the corporation, shall be eligible as an auditor. The remuneration of the auditor or auditors shall be fixed by the stockholders at the annual meeting. Ninth. The names and post-ofiice addresses of the directors for the first year are as follows: Names. Post-offlce addresses. Tenth. The names and post-office addresses of the subscribers, and the number of shares of stock which each agrees to take in the corporation, are as follows : Names. Addresses. No. ot shares subscribed. In witness whereof, we have made, signed, and acknowledged this certifi- cate in duplicate, this day of , A. D., one thousand nine hundred and STATE OF NEW YORK, County of New York, On this day of , A. D., one thousand nine hundred , before me personally came , , , and , to me personally known to be the persons described in and who made and signed the foregoing certificate and severally duly acknowl- edged that they had made, signed, and executed the same for the uses and purposes thereia mentioned. 438 No. 2. Amended or Supplemental Certificate. (Gen. Corp. L., § 7.) STATE OF NEW YORK, ) ^^ . County of , ' We, the undersigned, directors of (name of corporation), under the author- ity given by section 7 of the General Corporation Law of 1892, do hereby cer- tify that in the original {or, amended, or, supplemental) certificate of incor- poration, a matter, not authorized by law to be therein stated, has been in- serted {or, a matter required to be stated therein, has been omitted), to-wit: ( here particularly state the defect ) To conform to the require- ments of the law, we do make and file this amended certificate, and for such purpose certify and allege as follows: (Here set forth all the provisions of the former certificate, supplying or omitting the aforesaid recital.) In witness whereof, we, the said directors, have executed this certificate in duplicate, and hereto set our hands, this aay of , 19. . . (Signatures of directors.) STATE OF NEW YORK, i ^^ . County of , ) On this day of , 19..., before me personally came , to me known to be the persons described in, and who executed, the foregoing amended certificate, and they severally acknowledged that they executed the same for the intents and purposes therein mentioned. (Signature and title of officer.) No. 3. Certificate of Incorporation of a Ferry Corporatioii. (Transp. Corp. L., § 2.) STATE OF NEW YORK, ) County of New York, ) We, the undersigned, desiring to form a ferry corporation, pursuant to the provisions of article I, section 2, of the Transportation Corporations Law, all being of full age, two-thirds being citizens of the United States, and at least one a resident of the State of New York, do hereby certify : I. That the name of said corporation shall be the Ferry Com- pany. II. That the ferry to be established shall run between a point at the foot of Whitehall street, in the city, county, and State of New York, to a. point at the foot of Atlantic avenue, in the city of New York, borough of Brooklyn, county of Kings, State of New York, across the East river. III. Said corporation shall exist (not exceeding fifty) years. CORPORATIONS. 439 rv. That said corporation shall have a capital stock of dollars, divided into shares, of dollars each. V. That the number of directors of said corporation shall be (not less than three, nor more than fifteen). VI. The following are the names and addresses of the directors for the lirst year: Names. Addresses. In witness whereof, we have made, signed, and acknowledged this certifi- cate, the day of ... . ... ........ A. D., one thousand nine hundred and (Add acknowledgment as in Form No. 1.) No. 4. Affidavit as to Payment in of One-Half of Capital Stock.3 (Transp. Corp. L., § 3.) STATE OF NEW YORK, ) ^^ . County of New York, ) , , and , being duly severally sworn, do depose and say, that the deponents above named constitute a majority of the directors of the Company, a corporation organized under the Transportation Corporations Law, and that more than one-half of the capital of the said Company has been actually paid in. Subscribed and sworn to before me, this i day of ,19... \ (Signature and title of officer.) No. 5. Certificate of Incorporation, of a Navigation Company. (Transp. Corp. L., S 10.) STATE OF NEW YORK, ) ^^ . County of , ) We, the subscribers, for the purpose of becoming a corporation, under the provisions of the Transportation Corporations Law, article II, section 10, all " A ferry company cannot commence cate of incorporation is filed. Traoa. business until this affidavit has been Sled Corp. L., i 3. in eacli of the offices where the eertifi- 440 clbek's assistant. being of full age, two-thirds being citizens of tlie United States, and at least one a resident of the State of New York, do hereby certify: 1. The name of the company is to be 2. The specific objects for which it is organized are the following: 3. The waters to be navigated are 4. The amount of its capital stock is to be (not less than $5,000, nor more than $4,000,000). 5. The term of its existence is to be 6. The number of shares of which the capital stock shall consist is to be 7. The company is to have (not less than five, nor more than fifteen) di- rectors. 8. The names and places of residence of the directors for the first year arr as follows: Names. Place of residence. 9. The principal office is to be situated in the of , in the county of , N. Y. 10. The number of shares of stock which each subscriber of the certificate agrees to take in such company is hereto set opposite the names of such sub- scribers, respectively. (At least 10 per cent, of the stock must be subscribed.) 11. (In case of ocean steamers.) The ports between which its vessels are intended to be navigated are and In witness whereof, we have made this certificate, this day of , 19. . . ; and we hereto subscribe our respective names and the number of shares of stock which each oi us agrees to take in such corporation. shares. ^ares. «,j, STATE OF NEW YORK, County of On this day of , 19..., before me, personally came and , to me severally known to be the persons described in, and who executed the foregoing eertiflcate, and they severaJly aeknowledged that they executed the same. , Justice of the Peace. STATE OF NEW YORK, ) ^^ . County of , ) , , and , being severally duly sworn, does each for himself say, that he is one of the directors named in the foregoing oertificate; that at least 10 per cent, of the amount of capital stock named COEPOEATIONS. 441 therein has been in good faith subscribed, and at least 10 per cent, of such subscriptions has been paid in cash. (Jurat.) At least three directors must execute the above. No. 6. Certificate of Incorporation of Stage-Coach Corporation. (Transp. Corp. L., § 20.) (Follow Form No. 5, except reciting article III, section 20 of Transporta- tion Corporations Law, in preamble, then as follows : ) 1. The name of said corporation shall be 2. Said corporation shall exist years. 3. The reuites upon which it is intended to run are as follows: (state fully) . 4. There shall be (not less than three, nor more than five) directors. 5. The following shall be the directors for the first year : 6. The said corporation shall have a capital stock of dollars, divided into shares, of dollars each. 7. The following are the names and addresses of the subscribers to the cap- ital stock, with the number of shares each agrees to take: Subscribers. Besidence. I«o. of shares. In witness whereof, we have made and acknowledged this certificate, the day of , A. D. 19... (Signatures of not leas than five corporators.) (Add ackno^edgment, as in Form No. 1.) No. 7. Certificate of Incorporation of Tramway* Corporation. (Transp. Corp. L., § 30.) (Follow last form down to and including paragraph 2, except recite article IV, section 30, of Transportation Corporations Law, then as follows : ) 3. Said tramway is to be constructed, maintained, and operated from in county. New York State, to , in * Thirteen persons at least must Join constructed of poles, piers, wires, rods, in the certificate of Incorporation of a ropes, bars, or chains, for the transpor- tramway eorponation. A tramway cor- tation of freight In suspended buckets, poration is described In the statute as cars, or other receptacles, for hire." one formed " for constructing, maintain- Trans. Corp. L., § 30. Ing, and operating an elevated tramway, 442 county. New York State; its length is to be miles, and said tramway is intended to be made through the following counties : 4. (Same as paragraph 6, above). 5. The following are the names and places of residence of the directors ( not less than three ) for the first year : Names. Residences. 6. (Follow paragraph 7, above, and remainder of certificate same as above.) No. 8. Certificate of Incorporation of a Pipe laine OorporatiOB. (Transp. Corp. L., § 40.) STATE OF NEW YORK, > (. ss. : County of New York, J We, the undersigned (not less than twelve persons), desiring to iorm a pipe line corporation, pursuant to the provisions of article V of the Trans- portation Corporations Law, all being of full age, two-thirds being citizens of the United States, and at least one a resident of the State of New York, do hereby certify: 1. The name of said corporation shall be 2. Said corporation shall continue years. 3. Said corporation is to construct, maintain, and operate (or, is to main- tain and operate a line already constructed) a line of pipe for conveying or transporting therein petroleum, gas liquids, or any products or property from , in the State of New York, to , in the State of New York, and said line of pipe is to be miles, and feet in length. 4. Said pipe line is to be constructed through counties, in the State of New York. 5. Said corporation shall have a capital stock of (not less than $1,500 for every mile of pipe constructed or proposed to be constructed) dollars, divided int-o shares, of dollars each. C. Said corporation shall have (not less than seven) directors. 7. The names and places of residence of the directors for the first year are as follows: Names. Besidences. CORPORATIONS. 443 8. The following are the names, places of residence of the subscribers to the stock of the corporation, and the number of shares each subscriber agrees to take therein. Names. Residences. No. of shares subscribed. (The amount of stock subscribed must in the aggregate be equal to $1,050 for every mile of pipe constructed, or proposed to be constructed, and 25 per cent, of which must be paid in cash. See form of certificate below.) In witness whereof, we have made and acknowledged this certificate, of the day of , A. D. 19 . . . (Add acknowledgment clause. See Form No. 1.) The foregoing certificate must have indorsed thereon, or appended thereto, the following aflSdavit, which must be executed by at least three of the di- rectors named in the certificate of incorporation: STATE OF NEW YORK. ) ' y ss. : County of , ) , , and , being severally duly sworn, does each for himself say, that he is a director named in the foregoing certificate of incorporation; that at least ten hundred and fifty dollars of stock for every mile of line proposed to be constructed (or, operated) has been in good faitli subscribed, and 25 per cent, paid in money thereon; that it is intended in good faith to construct (or, operate) the line of pipe mentioned in such cer- tificate: that such corporation was not projected or formed with the intent, or for the purpose of injuring any person or corporation, nor for the purpose of selling or conveying its franchise to any person or corporation, nor for any fraudulent purpose. Subscribed and sworn to before me, this ( day of ,19... ) (Signature and title of ofScer.) No. 9. Certificate of Incorporation of a Gas, or Electric Lights Corporation. (Transp. Corp. L., § 60.) (Use preamble of last form, except recite gas, or electric company, and refer to article VI of the Transportation Corporations Law. Only three per- sons are required to form a corporation under this section.) 1. (Name.) 2. (Objects.) ' Corporations may be formed under public and private buildings of any city, this section " for manufacturing and sup- village or town, or two or more villages plying gas lor lighting tbe streets and or towns not over five miles distant from 444 clekk's assistant. 3. (Amount, etc, of capital stock.) 4. (Term of existence not to exceed fifty years.) 5. (Number of directors, not less than three, nor more than thirteen.) 6. (Follow paragraph 7, above.) 7. The operations of said corporation are to be carried on in , in the county of , State of New York, and in , in the county of , State of New York. In witness whereof, etc., as above, with acknowledgment clause, but not the affidavit mentioned in the last form. No. 10. Certificate of Incorporation of Water-Works Corporation. (Transp. Corp. L., § 80.) STATE OF NEW YORK, ) ^^ . County of . , ) We, the undersigned (not less than seven persons), desiring to form a water- works corporation, pursuant to the provisions of article VII of the Trans- portation Corporations Law, all being of full age, two-thirds being citizens of the United States, and at least one a resident of the State of New York, do hereby certify: 1. (Name of corporation.) 2. Said corporation shall have a capital stock of dollars, di- vided into shares, of dollars each. 3. Its principal place of business shall be located at , in the county of , State of New York. 4. Said corporation shall have (not less than seven) directors. 5. The following are the names and places of residence of the directors for the first year: Names. Residences. 6. Its purposes are to supply water to the following cities, towns, and vil- lages, to-wit: (Names of cities, etc.) 7. That the permits of the authorities of said cities, towns, and villages of , required by the provisions of article VII of the Transporta- tion Corporations Law, have been granted. each other, in this state, or for manu- Under this section one corporation may tacturing and using electricity for pro- be formed for both gas and electrical ducing light, heat or power, and in light- purposes. People ex rel. Municipal Gas lug streets, avenues, public parks, and Co. v. Rice, 138 N. X. 151. places, and public and private buildings of cities, villages, and towns within this state." Trans. Corp. L., §60. COBPOEATIONS. 445 8. The names and post-office addresses of the subscribers to the stock, and the number of shares which each agrees to take in such corporation, are as follows : Names. Post-office addresses. No. of i-hare-*. (The aggregate of subscriptions appearing by the certificate of incorpora- tion must be at least one-tenth of the capital stock, and 10 per centum of the capital stock subscribed must be paid in cash to the directors.) In witness whereof, etc., as above, with acknowledgment clause. Annexed to the above certificate, and as a part thereof, there must be a permit, signed and acknowledged by a majority of the board of trustees of the village, in ease an unincorporated village is to be supplied with water, and in case a town or any part thereof not within an incorporated village, is to be so supplied, by the supervisors, justice of the peace, town clerk, and high- way commissioners thereof, or a majority of them, and in case a city is to be supplied with water, by a board of water commissioners of such city, or by such other board, or set of officials as perform the duties of water commis- sioners, and have charge of the water supply of such city, authorizing the formation of such corporation for the purpose of supplying said city, town, or village with water, and such certificate should be in substantially the follow- ing form : STATE OF NEW YORK, ) ^^ . County of , ) We, the undersigned (names and titles of officers, as the case may be, in conformity with the above ) , having received on the day of , 19 ... , from , an application for a permit for the formation of a corporation for the purposes of supplying the (city, town, or village, as the case may be), and the inhabitants thereof with water, and due consideration being had, do hereby grant such permit, and do hereby authorize the forma- tion of the corporation for the purposes of supplying said (city, town, or village ) , and the inhabitants thereof with water. In witness whereof, we have made, signed, and acknowledged this permit, this day of , 19 . . . (Add acknowledgment clause.) There must also be an affidavit by at least three of the directors that the amount of the capital stock required has been subscribed, and paid in cash, which must be in the following form, substantially: STATE OF NEW YORK, i ^^ . County of , j , , and , being duly sworn, each for him- self doth depose and say, that they are directors named in the certificate of 446 cleek's assistant. incorporation of the Company, the corporation mentioned in the within certificate, and that at least 10 per cent, of the capital stock of said corporation has been, in good faith, subscribed, and that 10 per cent, of such subscription has been actually paid in cash. Subscribed and sworn to before me, this ) day of , 19... S No. 11. Certificate of Incorporation of a Telegraph, or Telephone Corporation. (Transp. Corp. L., § 100.) STATE OF NEW YORK, ) \ ss. . County of , ) We, the subscribers (not less than seven), all being of full age, at least two-thirds citizens of the United States, and at least one a resident of the State of New York, desiring to form a telegraph and telephone corporation, pursuant to the provisions of article VIII of the Transportation Corporations Law, do hereby certify: 1. (Name.) 2. The route to be covered by the lines of said company are as follows (de- scribe the route ) , and the points to be connected are ( give city, county, and State ) , and ( give city, etc. ) . 3. Said corporation shall have a capital stock of dollars, divided into shares, of dollars each. 4. Said corporation shall exist for years. 5. Said corporation shall have (not less than seven) directors. 6. (Names and residences of directors, as in paragraph 7, of Form No. 8.) 7. (Names and addresses of subscribers, as in paragraph 8, of Form No. 8.) In witness whereof, etc., with acknowledgment clause as above. No. 12. Certificate of Incorporation of Turnpike, Flankroad, or Bridge Corporation. (Transp. Corp. L., § 120.) STATE OF NEW YORK, ) ^^ County of , ) We, the subscribers (not less than five), all being of full age, two-thirds being citizens of the United States, and at least one a resident of the State of New York, desiring to form a turnpike {or, plank road, or, bridge) corpora- tion, pursuant to article IX of the Transportation Corporations Law, do hereby certify as follows: 1. (Name.) 2. (Duration not exceeding fifty years.) COHPOEATIONS. 447 3. Said corporation shall have a capital stock of dollars, di- vided into shares, of dollars each. 4. (Follow paragraph 7, in Form No. 8.) 5. Said turnpike {or, plank road, or, bridge) is to be built between and , and is to pass through the following towns and villages (naming them) ; and its entire length is to be miles and feet. ( If a bridge is to be built, specify the location and the plans upon which it is to be built, instead of the above.) 6. (Follow paragraph 8, in Form No. 8.) (The aggregate of subscriptions appearing by the certificate must be not less than $500 for every mile of road, or if a bridge corporation, not less than one-fifth of the capital stock, 5 per cent, of which must be actually paid in cash.) In witness whereof, etc., with acknowledgment clause. There must be indorsed on, or annexed to, the certificate and made a part thereof, an affidavit in substantially the following form: STATE OF NEW YORK, ( ■ ss..- County of , i , , , and , being duly sworn, de- poses and says, each for himself, that he is a director of the Com- pany, the corporation named in the foregoing certificate of incorporation; that the sum of dollars of the capital stock of said corporation has been actually subscribed, which is at least $500 for every mile of road which said corporation proposes to build {or, if a bridge corporation, that it is not less than one-fifth of the amount of the capital stock of said corpora- tion), and the deponents further severally depose and say, that 5 per cent, of such subscriptions has been actually paid in cash. Subscribed and sworn to before me, this ) day of ,19... i No. 13. Certificate of Beorganization upon Sale of Carporate Property and Franchises. (Stock Corp. L., § 3.) STATE OF NEW YORK, County of We, the undersigned, all being of full age, and a majority of whom are citizens and residents of the State of New York, having acquired, in the man- ner hereinafter specified, the property and franchises of the Com- pany, and desiring to reorganize and form a new corporation, pursuant to 448 clerk's assistant. the provisions of seetion 3 of the Stock Corporation ham, do hereby certify as follows: 1. The said Company was organized under and pursuant to the (state law under which original corporation was organized). 2. That pursuant to a decree of the Supreme Court of the State of New York, dated , 19. . ., and filed in the office of the clerk of the county of , on the day of , 19 ... , the property and franchises of the said Company were duly sold on the day of , 19 ... , at , in the of , county of , State of New York, and became the pur- chaser at said sale, and said purchaser has associated the subscribers hereto with him in the organization of this corporation. 3. The following is a description of the property sold as aforesaid, and pur- chased by said ; ( Give brief description of property, but full enough to easily identify it.) 4. The name of the new corporation to be formed hereby is the Company ; and its principal office is to be located at , New York State. 5. Said new corporation shall have a maximum capital stock of dollars, which shall be divided into shares, of dollars each ; and of said stock, shares, or dollars thereof, shall be common stock, and shares, or dollars thereof, shall be preferred stock. (Specify particularly the rights pertaining to the preferred stock.) 6. Such corporation shall have directors. (Not fewer nor more than required by law for the old corporation.) 7. The followiig are the names and post-office addresses of the directors who shall manage the corporation for the first year: Names. Post-office addresses. 8. The following is the plan or agreement which was entered into at (or be- fore ) the time of the sale of the property and franchises of the Company, as hereinbefore set forth, in anticipation of the formation of the said Company, and pursuant to which said purchase was made: (Set forth plan or agreement in full.) In witness whereof, etc., with acknowledgment clause. No. 14. Certificate of Beincorporation of Existing Corporation. (Bus. Corp. L., § 4.) STATE OF NEW YOEK, County of New York, We, , the chairman, and , the secretary of a special meeting of the stockholders of the Company, a corporation here- COEPOEATIONS. 449 tofore created under the general corporation laws of the State of New York, called for the purpose of voting on a proposition to reincorporate under the provisions of section 4 of the Business Corporations Law, do hereby certify as follows: A majority of the directors of said corporation called a meeting of the stockholders of said corporation by publishing a notice once a week for three successive weeks in the , a newspaper published in the county in which the principal business office of the corporation is situated, and by serv- ing a copy of said notice on each stockholder personally, or by depositing it in the post-offiee, prepaid, and addressed to him at his last known post-office address, at least three weeks before said meeting, the following being a true copy of such notice: " Notice to Stockholders. — A special meeting of the stocltholders of the Company will be held at No street. New York city (Koom No ) , borough of Manhattan, on the day of , 19. . ., at o'clock in the noon, for the purpose of voting on a proposition to reincorporate said company under the provisions of section 4 of the Business Corporations Law of New York State." Dated, , 19... (Majority of directors.) At the time and place specified in said notice, stockholders of said corpora- tion representing a majority of the stock thereof, appeared either in person or by proxy, and organized by choosing from their number the undersigned , as chairman, and , as secretary of said meeting. A vote was then taken upon the following resolution: Resolved, That be reincorporated under the provisions of the Business Corporations Law, and the officers of this meeting be empowered and directed to execute a proper certificate of such reincorporation, and file the same, with a copy of the by-laws of the corporation, in the manner prescribed by law. Votes representing a majority of all the stock of the corporation were there- upon cast in favor of such resolution, and such resolution was thereupon declared duly adopted. And we further certify as follows: (Here insert all the recitals contained in an original certificate of incor- poration. See Form No. 1.) In witness whereof, we, the chairman and secretary of such meeting of the stockholders, have made, subscribed, and acknowledged this certificate, this day of , 19. . . (Add acknowledgment clause.) STATE OF NEW YORK, County of , chairman, and , secretary, being duly and severally sworn each for himself, doth depose and say, the said that he was 29 RK, ) f as. : 450 clerk's assistant. chairman, and the said that he was secretary of the meeting of stockholders of the . Company, the within (or, above) named cor- poration; that they have severally read the foregoing certificate and are fa- miliar with the contents thereof and that the same is true. Sworn to, etc. No. 15. Certificate of Increase or Beduction of Capital Stock. (Stock Corp. L., § 44.) (By the amendment to § 45 of the Stock Corporation Law, contained in L. 1901, c. 354, the increase may be authorized by the unanimous consent of all the stockholders, or by a majority of the stock represented in a meeting held as indicated in this form. ) STATE OF ISTEW YORK, ) County of , ) We, , chairman, and , secretary, of a special meeting of the stockholders of the , a domestic corporation, held for the purpose of increasing ( or, reducing, as the case may be ) , its capital stock, do hereby certify: A notice of such meeting, of which the following is a true copy, was pub- lished once a week, for at least two successive weeks, in , a, news- paper in the county where its principal business office is located, and a copy of such notice was served personally upon, or duly mailed, postage prepaid, to each stockholder or member of the company, at his post-office address at least five days before the meeting. " Notice to Stockholders. — A special meeting of the stockholders of the will be held, on day of . u , 19 . . . , at o'clock ... M., at its office, at No , street, in the of , N. Y., for the purpose of voting upon a proposition to increase ( or, decrease, as the case may be ) its capital stock from dollars, con- sisting of shares of the par value of dollars each, to dollars, to consist of shares of the par value of dollars each. Dated, etc. (This notice to be signed by the president or a vice-president and the secretary. ) At the time and place named in such notice, stockholders of such company, representing a majority of all its shares of stock, appeared in person or by proxy, and organized by choosing, from their number, the undersigned , as chairman, and , as secretary. A vote of those present, in person or by proxy, was taken upon the follow- ing resolution: " Resolved, That the capital stock of be increased ( or, reduced, as the case may be ) , from its present amount of dollars, consist- COBPOKATIONS. 451 ing of shares of the par value of dollars each, to dollars, to consist of shares of the par value of dollars each." Stockholders, owning shares of stock, being at least a majority of the stock of the company, voted in favor of such resolution. Stockholders, owning shares of stock, voted against its adoption. ( In case of 110 opposing vote, then substitute for the last clause the following:) And no stockholder voted against its adoption. Such resolution was thereupon declared duly adopted. The amount of capital of the corporation heretofore avithorized was dollars and the proportion thereof actually issued was The whole amount of its debts and liabilities is dollars. The amount of the increased (or, reduced, as the case may be) capital stock is dollars. In witness whereof, we have made, subscribed, acknowledged, and verified this certificate, this day of , 19 . . . (Add acknowledgment clause as in No. 1 of General Corporation Law.) STATE OF NEW YORK, ) ^^ . County of ) , chairman, and , secretary of the said meeting, being severally duly sworn, does each for himself say, that he has read the foregoing certificate, subscribed by him, and knows the contents thereof, and that the same is true. (Jurat.) Form of proof to obtain comptroller's approval in ease of railroad or mon- eyed corporation. STATE OF NEW YORK, K^ County of , ' , secretary, and , treasurer of , being sev- erally duly sworn, does each for himself say, that the said is sec- retaiy, and the said is treasurer of ; that a capital of dollars is sufficient for the proper purposes of the corporation, and is in excess of its debts and liabilities, and that the actual market value of the stock before reduction was less than its par value. (Jurat.) No. 16. Certificate Increasing or Reducing the Number of Directors. (Stock Corp. L., § 21.) (The number of directors of any stock corporation may be increased or re- duced, but not above the maximum or below the minimum number prescribed by law, when the stockholders owning a majority of the stock shall so deter- 452 clekk's assistant. mine. It is aeeomplished by filing a verified transcript of the minutes of the stockholders' meeting at which such action was determined Upon, and such stockholders' meeting must have been held after a notice of two weeks, served personally or by mail, directed to each stockholder at his last known post- office address. The following will serve as a guide for such minutes : ) STATE OF NEW YOEK, ) ^^ . County of ) We, the undersigned, president and secretary, do hereby certify that the following is a correct transcript of the minutes of a meeting of stockholders of the , held pursuant to section 21 of the Stock Corporation Law, to-wit: , N. Y., ,19... A special meeting of the stockholders of the was held this day at o'clock, . . M.. to determine whether the number of directors shall be increased ( or, reduced ) . A notice of such meeting was served upon each stockholder of said com- pany, either personally or by mail, postage prepaid, directed to each at his post-oflice address, at least thirty days prior to the day of holding such meet- ing. The notice was in words and figures following, to-wit: " Notice to Stockholders. , N. Y., , 19... Notice is hereby given that a special meeting of the stockholders of the will be held at the office of the company at No , street, in the N. Y., on the day of , 19 . . . , at o'clock, . . M., of that day, to determine whether the number of its directors shall be increased (or, reduced, as the case may be). Secretary of Proof of service of said notice was duly filed in the office of the corporation at or before the time of such meeting. At the time and place mentioned in such notice, the meeting was held pur- suant thereto, and duly organized by choosing president, and secretary thereof. The following resolution was duly moved by and duly seconded by , and adopted on a vote taken by ayes and noes : " Resolved, That the number of directors of the be increased ( oi; reduced, as the case may be ) , from , the present number, to The following stockholders, owning the number of shares of stock set opposite their respective names, voted in favor of such resolution, to-wit: Names. No. of shares. OOKPOEATIONS. 453 The following shareholders, owning the number of shares of stock set oppo- site their respective names, voted against its adoption, to- wit: Names. No. of shares. ( If none voted aginst its passage, then state in place of last clause : ) No stockholder voted against its adoption. Said resolution was thereupon declared duly adopted, and the meeting adjourned. In witness whereof, we have made, subscribed, and verified the foregoing certificate this day of , 19 . . . , President. , Secretary. STATE OF NEW YORK, ) ^^ County of , ) and , being severally duly sworn, does each for him- self say, that they are the persons chosen president and secretary, respect- ively, of the meeting of stockholders of the , held at the time and place above mentioned, to determine whether the number of directors thereof shall be increased (or, reduced, as the case may be) ; that the foregoing is a correct transcript of the proceedings of such meeting, as entered in the minutes of the corporation, and the whole thereof. ( Jurat. ) ( Acknowledgment. ) No. 17. Certificate of Change of Place of Business. (Stock Corp. L., § 59.) STATE OF NEW YORK, ) ^^ . County of , ) We, the president, secretary, and majority of directors of , pur- suant to section 59 of the Stock Corporation Law, do hereby certify as follows : That its principal office and place of business was originally located at of in the county of , N. Y. That it is desired to change its principal office and place of business to the of , in the county of , N. Y. That it is the purpose of said corporation to actually transact and carry on its regular business from day to day at such last-mentioned place. That at a special meeting of the stockholders of said corporation, called for that purpose, and held on the day of , 19. . ., the said ioi clerk's assistant. change of the place of business of the corporation was duly authorized by the vote of such stockholders. That the names of the directors of this corporation and their respective places of residence are as follows: Names. Flac es of residence. (Signatures.) In witness whereof, we have made and acknowledged this certificate this day of , 19 . . . (Add acknowledgment clause as in Form No. 1.) STATE OF NEW YORK, ) ^^ . County of , ) , , , and , being severally sworn, does each for himself say, that said is the presi- dent, is the secretary, and , , , , are a majority of the directors of ; that each has heard read the foregoing certificate and knows the contents thereof, and the same is true to his own knowledge. (Jurat.) (Signatures.) No. 18. Notice of Meeting to Adopt By-Laws. (Gen. Corp. L., § 11.) A meeting of the subscribers to the capital stock of will be held at No , street, in the of , on the day of , 19. . ., at .... o'clock, in the noon, for the purpose of adopting by-laws for such company. Dated , 19... Directors. No. 19. Form of Consent to Extend Corporate Existence. (Gen. Corp. L., § 32.) STATE OF NEW YOEK, ) ^^ County of , ! We, the stockholders of the (name of corporation), a domestic corporation, owning two-thirds in amount of its capital stock, do, pursuant to the provis- CORPORATIONS. 455 ions of section 32 of the General Corporation Law, hereby certify that we severally consent to the extension of the term of the corporate existence of said company for a further period of years beyond the time fixed, by the certificate of incorporation, for the termination of its corporate existence. In witness whereof, we have hereto severally set our hands and annexed thereto the respective number of shares of stock owned by us, in said company, this day of , 19 . . . Names. No. of shares beld. (Acknowledgment clause, as in No. 1.) STATE OF NEW YORK, ) ' > ss. : County of , ) , being duly sworn, says, that he is the secretary of the corpo- ration named in the foregoing consent and the custodian of its stock-book ; that the persons, whose names are subscribed to such consent, are the owners, upon the books of said corporation, of the number of shares of stock therein set opposite to their respective signatures to the above consent, and that such stock constitutes at least two-thirds in amount of the capital stock of said corporation. Sworn to, etc. (Under the Amendment of 1901 (c. 355), it is not necessary to file the eon- sent, the form for which is given above. This consent, however, must be executed or the extension decided upon at a meeting of the stockholders called in the same manner as annual meetings. After the consent is executed or the determination made at a meeting a certificate in the following form should be filed, made by the president or a vice-president and the secretary, under the corporate seal : STATE OF NEW YORK, ) y ss. : County of , ) We, , the president {or, vice-president), and the secretary {or, assistant secretary), of the Company, a corporation organized on the day of , under the laws of New York, hereby certify that stockholders owning at least two-thirds of the stock of said corporation have consented by an instrument in writing {or, at a meeting duly called according to law) to an extension of the existence of said corpora- tion for the term of years from the day of , 19 . . . In witness whereof we have signed and acknowledged this certificate and affixed the seal of said corporation hereto this day of , 19 . . . (Add acknowledgments.) (Signatures, etc.) 456 clerk's assistai^t. No. 20. Form of Certificate for Extension of Iiines of Telegraph or Telephone Company. STATE OF NEW YORK, ) ' > ss. : County of , ) We, being at least two-thirds of the directors of , do hereby certify that the written consent of the persons owning at least two-thirds of the capital stoclc thereof has been procured, as shown by Ex. "A," which is hereby made a part of this certificate; that such corporation desires to construct, own, use, and maintain a, line of electric telegraph or telephone, not described in the original certificate of incorporation {or, state one of the grounds specified in section 101 ) . We do hereby, for the said purpose, execute this amended certificate: (Insert same recitals as in original, but make the description cover both the present and proposed routes.) In witness whereof, we have executed and acknowledged this amended certificate, this day of , 19. . . (Add acknowledgment clause.) (Signatures.) Ex. "A," referred to in foregoing certificate. STATE OF NEW YORK, ^ ^^ . (^ County of , , , and , being severally duly sworn, does each for himself say, that he is a director of ; that the persons who have executed and acknowledged the foregoing certificate constitute at least two- thirds of the directors of such company; and that the written consent of persons owning at least two-thirds of the capital stock of such company has been obtained for carrying out the objects set forth in the foregoing amended certificate. (Jurat.) (See Form No. 19.) No. 21. Form of Certificate of Full Pajrment of Capital Stock by Kavigation Company. STATE OF NEW YORK, ) >• ss. : County of , ) We, the president, and , , , and , » majority of the directors of , do hereby certify: The amount of the capital stock of said company has been paid in. CORPOEATIONS. 457 The last installment thereof, to-wit, the sum of dollars, was paid in on the day of , 19 . . . In witness whereof, we have made and signed this certificate, this day of , 19 . . . STATE OF NEW YORK, ) _ , y ss.: County of , ) , , , , and , being severally duly sworn, does each for himself say, that the said is the presi- dent, and said , , , and , are directors of , and a majority thereof ; that he has read the foregoing certifi- cate and knows the contents thereof, and that the same is true. (Jurat.) ( Add acknowledgment. ) Membership Corporations. The Membership Corporations Law specially provides for the formation of cemetery, fire, prevention of cruelty, hospital, soldiers' monument, agri- cultural, and horticultural corporations ; Christian, veteran soldiers and sailors'i and bar associations; and boards of trade. Article II of the same law provides: " A membership corporation may be created under this article for any lawful purpose, except a purpose for which a corporation may be created under any other article of this chapter, or any other general law than this chapter." (§ 30.) " Five or more persons may become a membership corporation for any one of the purposes for which a corporation may be formed under this article or for any two or more of such purposes of a kindred nature, by making, acknowledging, and filing a certificate, stating the particular objects for ■which the corporation is to be formed, each of which must be such iis is authorized by this article; the name of the proposed corporation; the territory in which its operations are to be principally conducted; the town, village, or city in which its principal office is to be located, if it be then practicable to fix such location; the number of its directors, not less than three nor more than thirty; and the names and places of residence of the persons to be its directors until its first annual meeting. Such certificate shall not be filed without the written approval, indorsed thereupon or annexed thereto, of a justice of the Supreme Court. If such certificate specify among such purposes the care of orphan, pauper, or destitute children, the estab- -158 clbek's assistant. lishment or maintenance of a maternity hospital or lying-in asylum where women may be received, cared for, or treated during pregnancy or during or after delivery, or for boarding or keeping nursing children, the written approval of the State board of charities shall also be indorsed thereupon or annexed thereto, before the filing thereof. On filing such certificate, in pursuance of law, the signers thereof, their associates and successors, shall be a corporation in accordance with the provisions of such certificate. Any cor- poration heretofore or hereafter organized under this article for the purpose of gathering, obtaining, and procuring information and intelligence, telegraphic or otherwise, for the use and benefit of its members, and to furnish and supply the same to its members for publication in newspapers owned or represented by them may admit as members thereof, other corporations, limited liability companies, joint stock and other associations, partnerships and individuals en- gaged in the same business or in the publication of newspapers, periodicals or other publications, upon such terms and conditions, not inconsistant with law, or with its certificate of incorporation, as may be prescribed in its by-laws." (§ 31, as am'd by L. 1901, c. 436.) It is under the provisions of article II, all of which is quoted above, that social clubs and other nonstock membership corporations are formed. Duplicate originals of the certificate of incorporation should be made out, and one filed in the ofliee of the secretary of state and the other in the office of the county clerk of the county in which the office of the corporation is to be located. In the case of cemetery and fire department corporations it is not necessary to file the certificate in the ofiiee of the secretary of state. The fees for filing the certificates are fifteen cents a folio in the ofiiee of the secretary of state for any membership corporation for which there is a special provision of law. For all other membership corporations, formed under article II of the Membership Corporations Law, a fee of $10, and fifteen cents a folio must be paid to the secretary of state. The county clerk's filing fee is six cents for filing and ten cents a folio for recording. This ap- plies to all membership corporations. No. 22. General Form of Certificate of Incorporation under Membership Cor- porations Law. (Mem. Corp. h., § 31.) We, the undersigned (not less than five persons), all being of fuU age, at least two-thirds of whom are citizens of the United States, and one of whom is a resident of the State of New York, desiring to form a membership corpo- ration, pursuant to article II of the Membership Corporations Law, do hereby certify as follows: First. The name of the proposed corporation is (state corporate name). Second. The particular objects for which the corporation is to be formed are (state objects). COEPOEATIONS. 459 Third. The territory in which the operations of the corporation will be principally conducted is (briefly describe territory). Fourth. The principal office of the corporation is to be located in the town (village, or, city) of (state name of town, village, or, city). Fifth. The number of its directors shall be (state number, not less than three nor more than thirty ) . Sixth. The names and places of residence of the persons to be its directors until its first annual meeting are as follows: Names. Places of residence. Seventh. The date for holding its annual meeting shall be (state the day of the month on which its annual meeting is to be held). In witness whereof, we have made, signed, acknowledged, and filed this certificate in duplicate. Dated this day of , 19 . . . (Signatures of incorporators, not less than five.) >• ss. ; STATE OF NEW YORK, County of , On this day of , 19. . ., before me personally came (in- sert names of subscribers to certificate), to me personally known to be the persons described in and who made and signed the foregoing certificate and severally duly acknowledged to me that they made, signed, and executed the same for the uses and purposes therein set forth. (Signature of notary.) Certificate of Justice. I hereby approve of the foregoing {or, vrithin) certificate and of the filing thereof. (Signature of justice of the supreme court.) (If the approval of the state board of charities is required, pursuant to section 31, add such approval.) No. 23. Incorporation of Unincorporated Association. (Id., § 5.) We, the undersigned, a majority of the directors of (state name of unin- corporated club, society, or association), an unincorporated club (society, or, association), desiring to incorporate pursuant to section 5 of the Membership Corporations Law, do hereby certify as follows: That such club (society, or, association) was organized for the purpose of ( state purpose ) . That a regular {or, regularly called) meeting of such club (society or as- sociation) was held on the day of , 19. . . 460 clerk's assistant. That a notice of the time and place of such meeting, and that the proposition of incorporating would be considered thereat, was served upon each member of such club (society, or, association), whose residence or post-office address was known, at least thirty days before such meeting, either personally, or by depositing it in the post-office, postage prepaid, addressed to such member at his last known post-office address. That a copy of such notice is hereto annexed and made a part of this cer- tificate. That at such meeting the directors of such club (society, or, association) were duly authorized by the unanimous vote of all the members of such club (society, or, association), present and voting at such meeting, to incorporate such club ( society, or, association ) , in pursuance of section 5 of the Member- ship Corporations Law, under article (state number) of such chapter, with the corporate name of (state name adopted), as more fully appears by the certificate of the chairman and secretary of the meeting, hereto annexed and filed herewith. That we further certify as follows, to-wit: (Here insert the recitals contained in the form of certificate of incorpora- tion for the formation of a corporation, pursuant to the article under which it is proposed to incorporate.) In witness whereof, we have made, signed, and acknowledged this certificate in duplicate, this day of , 19 . . . (Signatures of majority of directors.) as.: STATE OF NEW YORK, County of , On this day of , 19 ... , before me personally came (names), to me severally known to be the persons described in and who made and signed the foregoing certificate and severally duly acknowledged to me that they made, signed, and executed the same for the purposes therein set forth. (Signature of notary.) Certificate of President and Secretary of Meeting. We, the undersigned, A. B., president, and C. D., secretary, of a regular ( or, regularly called) meeting of the members of (state name of club, society, or association), held on thje day of , 19. . ., do hereby certify as follows: That the meeting was organized by such members by choosing the under- signed, A. B., as chairman, and the undersigned, C. D., as secretary. That a vote was then taken of those present in person, or by proxy, upon the proposition of incorporating such club (society, or, association), pursuant to section 5 of the Membership Corporations Law. That the following resolution was offered: "Resolved, That the directors of (insert the name of the club, society, or association) be authorized and directed to incorporate such club (society, or, COEPOEATIONS. 461 association), pursuant to section 5 of the Membership Corporations Law, un- der article (state number) of such chapter, and to execute and file certificates and take such other and further steps as may be proper and necessary there- for." That such resolution was adopted by the votes of (state number) of the members of such club (society, or, association), being the unanimous vote of all the members thereof present at such meeting and voting thereon. Dated, , 19. . . A. B., Chairman. C. D., Secretary. STATE OF NEW YORK, ) f »«. ." County of , ) A. B., chairman, and C. D., secretary, being severally duly sworn, each de- poses and says, that he has read the foregoing certificate, subscribed by him, and knows the contents thereof, and that the same is true and correct of his own knowledge. A. B., Chairman. Sworn to before me, this i CD., Secretary. day of ,19... j (Signature of notary.) Notice of Meeting. To the members of (insert name of club, society, or association) : Notice is hereby given that at a regular meeting (or, a special meeting) of such club (society, or, association), to be held on the day of , 19. . ., at o'clock in the forenoon (afternoon), a, proposition of incor- porating such club (society, or, association) in pursuance of section 5 of the Membership Corporations Law, will be acted upon by the members thereof. Dated, this day of , 19 . . . A. B., C. D., E. F., Majority of Directors. STATE OF NEW YORK, ) ^^ . County of , ) , being sworn, deposes and says, that on the day of , 19 ... , he deposited in the post-office at the city of , a copy of the annexed notice to the members of the (insert name of club, so- ciety, or association), contained in a, duly postpaid wrapper, directed to each member thereof at his last known post-oflSce address. ( Signature. ) Sworn to before me, this 1 day of , 19 . . . i (Signature of notary.) (Add approval of justice of the Supreme Court or other authority, as re- quired by the article under which it is proposed to incorporate.) 462 clbek's assistant. No. 24. Certificate of Beincorporation of Membership Corporation. (Id., § 6.) We, the undersigned, a majority of the directors of (corporate name), a membership corporation created by {or, under) chapter of the Laws of 18 ... , desiring to reincorporate pursuant to section 6 of Membership Cor- porations Law, under article (state number) of such chapter, do hereby cer- tify as follows: That such corporation was organized for the purpose of (state purpose). That a regular {or, regularly called) meeting of such corporation was held on the day of , 19 . . . That at such meeting the directors of such corporation were duly author- ized by the unanimous vote of all the members of such corporation, present and voting at such meeting, to reincorporate such corporation, in pursuance of section 6 of the Membership Corporations Law, under article (state num- ber) of such chapter, by the same corporate name as it has heretofore had, as more fully a/ppears by the certificate of the chairman and secretary of the meeting, hereto annexed, and filed herewith, and we hereby further certify as follows, viz.: (Here insert the recitals contained in the form of certificate of incorpora- tion for the formation of » corporation, pursuant to the article under which it is proposed to reincorporate.) In witness whereof, we have made, signed, and acknowledged this certificatp in duplicate, on this day of , 19 . . . (Signatures of majority of directors.) STATE OF NEW YORK, ) ^^ . County of , ' On this day of , 19. . ., before me personally came (in- sert names), to me personally known to be the persons described in, and who made and signed the foregoing certificate and severally duly acknowledged to me that they made, signed, and executed the same for the purposes therein set forth. ( Signature of notary. ) Certificate of President and Secretary of Meeting. We, the undersigned, A. B., president, and 0. D., secretary, at a regular {or, regularly called) meeting of the members of (corporate name), held on the day of , 19. . , hereby certify as follows: That the meeting was organized by such members by electing the under- signed, A. B., as chairman, and the undersigned, C. D., as secretary. That a vote was then taken of those present in person, or by proxy, upon the proposition of reincorporating such corporation, pursuant to section 6 of the Membership Corporations Law. COEPOEATIONS. 463 That the following resolution was offered : '• Resoived, That the directors of (corporate name), be authorized and di- rected to reincorporate such corporation, pursuant to section 6 of the Member- ship Corporations Law, under article (state number) of such chapter, and to execute and file certificates and take such other and further steps as may be proper and necessary therefor." That such resolution was adopted by the votes of (state number), of the members of such corporation, being a unanimous vote of all the members thereof present at such meeting and voting thereon. Dated, this day of , 19 . . . A. B., Chairman. C. D., Secretary. STATE OF NEW YORK, i ^^ . County of , ) A. B., chairman, and C. D., secretary, being severally duly sworn, each de poses and says, that he has read the foregoing certificate, subscribed by him, and that he knows the contents thereof, and that the same is true and correct of his own knowledge. A. B., Chairman. Severally sworn to before me, this ) q_ j) Seovetaru day of , 19 . . . S (Signature of notary.) (Add approval of justice or other authority, as required for an original cer- tificate by the article under which it is proposed to reincorporate.) No. 25. Consolidation of Membership Corporations. (Id., § 7.) Agreement for Consolidation. This agreement, made the day of , 19 ... , between the board of directors of ( corporate name ) , party of the first part, and the board of directors of (corporate name), party of the second part. Witnesseth, that (corporate name), party of the first part, is a corpora- tion organized by {or, under) chapter of the Laws of 19. . ., for the purpose of (state purpose). That ( corporate name ) , party of the second part, is a corporation organized by {or, under) chapter of the Laws of 18. . ., for the purpose of (state purpose). That, in consideration of the mutual covenants and agreements herein con- tained, the parties hereto do hereby agree to merge and consolidate such cor- porations into a, single corporation, in pursuance of section 7 of the Mem- bership Corporations Law, and under article (state number) of such chapter, upon the following terms and conditions: First. That the name of the corporation formed by such consolidation shall be ( insert corporate name ) . 464 clebk's assistant. (Follow with recitals required to be made in original certificate of incor- poration of a corporation formed under the article to which the new corpora- tion will be subject.) In witness whereof, said parties of the first and second parts have hereunto executed this agreement in duplicate, by their boards of directors, respectively, the day and year above mentioned. , ••• f Directors of {corporate name). ' ' J t Directors of {corporate name). STATE OF NEW YORK, i I 38. : County of , j On this day of , 19. . ., before me personally came (names of directors of corporation of the first part), directors of (corporate name), to Lc- severally known to be the persons who made and signed the foregoing agreement, and severally acknowledged to me that they made, signed, and executed the same for the uses and purposes therein set forth. (Signature of notary.) (Prepare the same form of acknowledgment for the directors of the corpora- tion of the second part, and annex it thereto.) Verified Copy of Proceedings of Meeting Approving Consolidation. A special meeting of the members of (corporate name), for the purpose of submitting to said members the annexed agreement for the consolidation of ( corporate name ) with ( corporate name ) , under the name of ( insert name of the new corporation), was held at (insert name of place), in the city (vil- lage, or, town) of , on the day of , 19. . ., at o'clock in the noon of that day. The meeting was organized by the election of A. B., as chairman, and C. D., as secretary thereof, respectively. The annexed agreement was thereupon submitted to said members for their approval, and, after consideration, a vote was taken by ballot upon the ques- tion of approving or rejecting the same, pursuant to section 7 of the Mem- bership Corporations Law. The whole number of votes east upon said question was (state number), of which (state number) votes were cast in favor of approving such agreement, being three-fourths of all the votes lawfully cast by the members of such cor- poration voting thereon. Thereupon, such agreement of consolidation was declared duly approved, in pursuance of section 7 of the Membership Corporations Law, and the meeting adjourned. In witness whereof, we have made, signed, and verified the foregoing copy of proceedings, this day of , 19. . . A. B., Chairman. C. D., Secretary. CORPORATIONS. 465 STATE OF NEW YORK, ) County of , ) A. B., chairman, and C. D., secretary, being duly and severally sworn, each deposes and says, that he has read the foregoing statement of proceedings of a special meeting of the members of (corporate name), for the purpose of considering the question of consolidating such corporation with (corporate name), and knows the contents thereof, and that the same is true and correct of his own knowledge. A. B., Chairman. Severally sworn to before me, this \ C. D., Secretary. day of , 19. . . \ (Notary's signature.) (Prepare the same form of statement and verification for the other consoli- dating corporation, and annex the same.) Petition. SUPREME COURT — County of Albany. 1 In the Matter of the Consolidation ( of (corporate name) and (corpo- ^ rate name). The petition of (corporate name) and (corporate name) respectively shows to this court. That (corporate name) and (corporate name), by their respective boards of directors, on the day of , 19. . ., entered into an agree- ment for the consolidation of such corporations into a new corporation, in pursuance of section 7 of the Membership Corporations Law, as follows: (In- sert copy of agreement.) That such agreement was duly approved at a meeting of each corporation, separately and specially called for that purpose, by three-fourths of the votes of the members of each of such corporations, lawfully cast at such meeting, as appears by the verified statements of the chairman and secretary of each of such meetings, respectively, hereunto annexed, and made a part of this petition. The property of (corporate name) is as follows: (Specify property) ; the liabilities of such corporation are as follows: (Specify liabilities) ; the amount and sources of the annual income of such corporation are as follows : ( Specify amount and sources of annual income.) (M^Ke the same recitals as to the other consolidating corporation.) 30 466 clerk's assistant. Wherefore, your petitioners pray for an order consolidating such corpora- tions in accordance with the terms and conditions of the agreement hereunto annexed, in pursuance of section 7 of the Membership Corporations Law. Dated, this day of , 19. . . Directors of {corporate name), > > Directors of (corporate name) STATE OP NEW YORK, ) ^ . ' County of , ' " (Names of directors of one of the consolidating corporations), directors of (corporate name), being duly and severally sworn, each deposes and says, that he has read the foregoing petition subscribed by him, and knows the con- tents thereof, and that the same is true and correct. Severally sworn to before me, this ) , day of , 19... ) Directors of {corporate name), (Signature of notary.) (Prepare same rerification for the directors of the other consolidating cor- poration.) Order. At a Special Term of the Supreme Court, held at , on th* day of , 19... Present. — Hon. (name of justice). In the Matter of the Consolidation of (corporate name) and (corpo- rate name ) . Petition having been made to this court, in pursuance of section 7 of the Membership Corporations Law, for an order consolidating (corporate name) and (corporate name), and it appearing from such petition that such corpora- tions have duly entered into an agreement for the consolidation thereof, and that the same has been duly approved by three-fourths of the votes lawfully cast at a meeting of each of such corporations, separately and specially called for that purpose, and having heard , in favor of such petition, and , in opposition thereto, now, on motion of , attorney for (corporate name) : COKPOEATIONS. 467 Ordered, That, upon the entry of this order in the county clerk's office of the county of , such corporations shall be consolidated into a new corporation, as proTided by section 7 of the Membership Corporations Law, upon the following terms and conditions: (Insert terms and conditions.) Dated. ( Signature of the justice of the Supreme Court. ) (Upon entry of the order, the consolidation is effected.) No. 26. Supplemental Certificate Changing the Number of Directors. (Id., J 14.) We, the undersigned, a majority of the directors of (state corporate name), a membership corporation heretofore incorporated, desiring to change the number of its directors, pursuant to section 14 of the Membership Corpora- tions Law, do certify as follows: That such corporation was organized for the purpose of (state purpose). That an annual meeting of such corporation was held on the day of , 19... That at such meeting, the members of such corporation, by a majority vote, determined to change the number of its directors therein (state existing num- ber) to (state the number to which it is proposed to change), as more fully appears by the certificate of the chairman and secretary of such meeting hereto annexed and made part of this certificate. In witness whereof, we have made, signed, and acknowledged this certificate in duplicate. Dated, this day of , 19. . . (Signatures of a majority of the directors.) STATE OF NEW YORK, ) ^^ . County of , ) On this day of , 19. . ., before me personally came (insert names of directors signing the certificate), to me personally known to be the persons described in, and who made and signed the foregoing certificate, and severally duly acknowledged to me that they made, signed, and executed the same for the purposes therein set forth. (Signature of notary.) Certificate of Chairman and Secretary of the Meeting. We, the undersigned, A. B., chairman, and C. D., secretary, of an annual meeting of the members of ( state corporate name ) , held on the day of , 19 ... , do hereby certify as follows : That a meeting was organized of such members by choosing the undersigned, A. B., as chairman, and the undersigned, 0. D., as secretary. That a vote was then taken by those present in person or by proxy upon the proposition of changing the number of the directors of the corporation from 468 clerk's assistant. (state existing number) to (state the number which a corporation created under the Membership Corporations Law for the same purpose is authorized to have), pursuant to section 14 of the Membership Corporations Law. That the following resolution was offered: " Resolved, That the directors of ( insert corporate name ) be authorized and directed to file a supplemental certificate changing the number of trustees of (state corporate name) to (state number proposed), in pursuance of sec- tion 14 of the Membership Corporations Law." That such resolution was duly adopted by a majority vote of all of the mem- bers of such corporation present at such meeting, and voting either in person or by proxy thereon. Dated, this day of , 19 . . . A. B., Chdifman. C. D., SeeretoKy. STATE OF NEW YORK, ) ^ County of , ) A. 'B., chairman, and C. D., secretary, being severally duly sworn, each de- poses and says, that he has read the foregoing certificate subscribed by him, and knows the contents thereof, and that the same is true and correct of his own knowledge. A. B., Chairman. Severally sworn to before me, this ) ^- ^•' Secretory. day of ,19... ) (Signature of notary.) No. 27. Supplemental Certificate Desig^nating Trusteed. (Id., § 10.) We, the undersigned, A. B., chairman, and C. D., secretary, respectively, of a regular ( or, regularly called ) meeting of the members of ( insert corporate name), a membership corporation heretofore organized, held for the purpose of designating (state number, not less than five nor more than fifteen) of its directors to be the trustees of its property until the next annual meeting, pursuant to section 10 of the Membership Corporations Law, do hereby certify: That the meeting was organized by such members choosing the undersigned, A. B., as chairman, and the undersi^aed, C. D., as secretary. That a vote was then taken of those present, in person or by proxy, upon the proposition to designate (state number, not less than five nor more than Afteen) of its directors to be the trustees of its property until the iiext annual meeting. That the following resolution was offered: "Resolved, That (insert the iiames of not less than five nor more than fifteen directors) directors of (corporate name), be the trustees of the firop- erty of such corporation until the next annual meeting thereof, and that the officers of this meeting be authorized and directed to execute and filS » sUp- CORPOEATIONS. 469 plemental certificate of such designation, in pursuance of section 10 of the Membership Corporations Law." That such resolution was adopted by it majority vote of all the members of such corporation present and voting at such meeting, either in person or by proxy. That such resolution was thereupon declared adopted. In witness whereof, we, the undersigned, chairman and secretary, respect- ively, of said meeting, hereby make, sign, verify, and acknowledge this certifi- cate in duplicate, a^d hereby certify that the foregoing is a true and correct certificate of the proceedings of such meeting. Dated, this day of , 19. . . A. B., Chairman. , C. D., Secretary. STATE OF NEW YORK, ) ^^ . County of , ' A. B., chairman, and C. D., secretary, being duly and severally sworn, each deposes and says, that he has read the foregoing certificate subscribed by him, and knows the contents thereof, and the same is true and correct of his own knowledge. A. B., Chairman. Severally sworn to before me, this i C. D., Secretary. day of , 19.. . ) (Sign^turie of notary.) STATE OF NEW YORK, ) ^^ CouQty of , ' On this day of , 19. . ., before me personally came (insert names of chairman and secretary), tp me severally known to be the persons described in and who executed the foregoing certificate, and severally ac- knowledged to me that they executed the same. (Signature of notary.) Note. — Fees for recording in ofBce of secretary of state, fifteen cents per folio; for filing in county elerk's office, six cents, and for recording, ten cents per folio. No. 28. Sapplemental Certificate Changing Time of Annual Meeting. (14., 8 15.) We, the undersigned, A. B., chairman, C. D., secretary, respectively, of an annual {or, special) meeting of the members of (corporate name), a mem- bership corporation heretofore incorporated by or under chapter of the Laws of , 18. . ., do certify that the following is a true and correct transcript of a portion of the minutes of such meeting relating to changing the time of the annual meetings of the corporation, pursuant to section 15 of the Membership Corporations Law: "Minutes of an annual meeting {or, a special meeting, duly called for the purpose of changing the time of the annual meeting) of the members of 470 cleek's assistant. ( corporate name ) , held on the day of , 19 ... , ait o'clock in the forenoon. " The meeting having been called to order, and organized by the election of A. B., as chairman, and C. D., as secretary of the meeting: Upon motion, duly seconded, a vote was taken upon the following resolution: " Resolved, That the time of the annual meeting of the ( corporate name ) be changed from (existing date) to (proposed date), in pursuance of section 1.5 of the Membership Corporations Law; and that the president and secretary of the meeting be authorized and required to file a certificate of a transcript of the minutes of the meeting, in accordance with such section." Such resolution was adopted by a vote of (state number) of the members of the corporation, there being (state number) vote against its adoption. Thereupon the resolution was declared duly adopted. In witness whereof, we have made, signed, verified, acknowledged, and filed this certificate in duplicate, this day of , 19. . . A. B., Chairman. STATE OP NEW YORK, > ^- ^•' ^«o^«*<^y- I ss. : County of , J A. B., chairman, and C. D., secretary, being duly sworn, each deposes and says, that he has read the foregoing certificate subscribed by him, and knows the contents thereof, and that the same is true and correct of his own knowledge. A. B., Chairman. Severally sworn to before me, this i C_ X). Beoretaru. ...... day of ,19... ) (Signature of notary.) STATE OF NEW YORK, ) ^^ . County of , ) On this day of , 19. . ., before me personally came A. B. and C. D., to me known to be the persons described in and who made and signed the foregoing certificate, and severally duly acknowledged to me that they made, signed, and executed the same for the purposes therein set forth. (Signature of notary.) No. 29. Certificate of Incorporation of Cemetery Corporation. 6 (Id., § 41.) We, the undersigned, all being persons (seven or more) of full age, at least two-thirds of whom are citizens of the United States, and one of whom is a " In Kings, Queens, Rockland, and tery purposes upon consent of the boards Westchester counties cemetery corpora- of supervisors of said counties. Men). « tlons can only purchase land for ceme- Corp. L., § 42. CORPOEATIONS. 471 lesident of the State of New York, desiring to form a cemetery corporation, pursuant to article III of the Membership Corporations Law, do hereby make, sign, and acknowledge this certificate for such purposes, as follows : First. The name of the proposed corporation is (state proposed name). Second. The cemetery of such corporation is to be situated in the county or counties of (state the name of each county in which any part of the cemetery is to be situated), in the town (city, or, village) of (state the name of each town, city, or village in which any part of the cemetery is to be situated ) . Third. The number of directors of the corporation shall be (state number, either six, nine, twelve, or fifteen). Fourth. The names of the persons to be its directors until the first annual meeting are (state names of one-third of the directors) ; the names of the persons to be its directors until the second annual meeting are (state names of one-third of the directors), and the names of the persons to be its directors until the third annual meeting are (state names of one- third of its directors). Fifth. The date for holding the annual meeting of such corporation shall be ( state day of the month when it is proposed to hold the annual meeting ) . Sixth. Of the surplus proceeds of sales of lots, after payment of the pur- chase price of the real property of the corporation .... per cent, shall be invested by the directors as a permanent fund, the income of which shall be used for the improvement, preservation, and embellishment of the cemetery grounds, and for no other purpose. (The insertion of this proposition is optional with the incorporators.) In witness whereof, we have made, signed, acknowledged, and filed this certificate in duplicate. Dated, this day of , 19 . . . (Signatures of incorporators, not less than seven.) STATE OF NEW YORK, (^ ^^ . (■ County of On this day of , 19. . ., before me personally came (insert names of subscribers to certificate ) , to me personally known to be the per- sons described in and who made and signed the foregoing certificate, and severally duly acknowledged to me that they made, signed, and executed the same for the uses and purposes therein set forth. (Signature of notary.) Certificate of Justice. I hereby approve of the foregoing {or, within certificate) and of the filing thereof. ( Signature of a justice of the Supreme Court. ) 472 cleek's assistant. No. 30. Certificate of Incorporation of Private Cemetery Corporatipn.T (Id., § 56.) We, the undersigned, A. B., chairman, and C. D., secretary, of a meeting of the proprietors of a private cemetery, held on the day of , 19 ... , in pursuance of section 56 of the Membership Corporations Law, do certify as follows: First. That at such meeting, not less than seven of the proprietors of such private cemetery were present. Second. That it was determined thereat by the concurring vote, (state number, not less than seven) of such proprietors to become incprpo- rated as a private cemetery corporation, pursuant to section 56 of the Membership Corporations Law, under the corporate name of (state name adopted ) . Third. That at such meeting, such proprietors elected three of their number to be directors of such corporation, for a term of five years. Fourth. The names and places of residence of the persons so elected di- rectors are as follows : ( State name and place of residence ) . Fifth. The cemetery of such corporation is bounded and described as fol- lows : ( Insert description of the lands set apart, which shall not be more than three acres in extent, and shall not be located within 100 rods of any dwelling- house without the written consent of the owner thereof). In witness whereof, we have made, signed, acknowledged, verified, and filed this certificate. Dated, this day of , 19. . . A. B., Chairman. C. D., Secretary. ■ f ' A. B., chairman, and C. D., secretary, being severally duly sworn, deposes and says, each for himself, that he has read t|ie foregoing certificate sub- scribed by him, and knows the contents thereof, and that the same is true and correct of his own knowledge. A. B., President. STATE OF NEW YORK, County of Severally sworn to before me, this j. day of ,19... ' 0. D., Secretary. (Signature of notary.) STATE OF NEW YORK, i ^ . County of , ) On this day of , 19. . ., before me personally came (insert names of chairman and secretary), to me personally known to be the persons described in and who made and signed the foregoing certificate, and severally ' A family cemetery corporation may purpose. See Mem. Corp. L., S 57, as also be formed by merely conveying, by nm'd L. 1901, c. 390. deed or devise, land to directors for that COEPOEATIONS. 473 duly ficknpwledged to me that they made, signed, and executed the same for the uses and purposes therein set forth. (Signature of notary.) Note. — -Certificate should be filed in county clerk's office only. The fees for filing are six cents; recording, ten cents per folio. No. 31. Certificate of Incorporation of Fire Corporation. (Id., § 65.) We, the undersigned (not less than ten persons), all being persons of full age, at least two-thirds of whom are citizens of i'ae United States and one of whom is a resident of the State of New York, desiring to form a fire (hose, protective, or, hook and ladder) corporation, in pursuance of section 65 of the Membership Corporations Law, do hc^by make, sign, acknowledge, and file this certificate for such purposes, as follows: First. The name of the pro.posed corporation is (state name). Second. The particular object for which the corporation is to be formed is (state object). Third. The corporation proposes to act in the city (village, or, town) of ( state name ) . Fourth. The number of its directors shall be ( state number ) . Fifth. The names and places of residence of the persons to be its directors until the first annual meeting are as follows. Names. Places ot residence. In witness whereof, we have made, signed, acknowledged, and filed this certificate in duplicate. Dated, this day of , 19 . . . (Signatures of incorporators, not less than ten.) STATE OF NEW YORK, County of On this day of , 19. . ., before me personally came (in- sert the names of the subscribers to certificate), to me personally known to be the persons described in, and who made and signed the foregoing certificate and severally duly acknowledged to me that they made, signed, and executed the same for the uses and purposes therein set forth. (Signature of notary.) Certificate of Justice. 1 hereby approve of the foregoing {or, within) certificate and of the filing thereof. (Signature of justice of Supreme Court.) 474 cleek's assistant. If such corporation is in a city, the approval of the mayor is necessary, in the following form: I hereby approve of the foregoing {or, within) certificate of incorporation and of the filing thereof. (Signature of the mayor of the city.) If such corporation is to act in a village or town, a certified copy of the resolution of the board of trustees of such village, or the town board of such town, as the ease may be, shall be annexed to the certificate, as follows: I, A. B., clerk of the village {or, town) of , do hereby certify that at a meeting of the board of trustees of such village {or, town board of such town), held on the day of , 19. . ., a resolution, of which the following is a true and correct copy, and of the whole thereof, was duly adopted: "Whereas (state name of persons proposing to incorporate) propose to form a fire (hose, protective, or, hook and ladder ) corporation, in pursuance of section 65 of the Membership Corporations Law, to act in the village ( or, town ) of "Resolved, That the board of trustees of the village {or, town board of the town ) of , hereby consent to the formation of such corporation for the purposes aforesaid." Dated, this day of , 19 . . . (A. B., Clerk of village or toivn) of No. 32. Certificate of Incorporation, of Corporation for the Prevention of Cruelty. (Id., § 70.) We, the undersigned, all being persons of full age, at least two-thirds of whom are citizens of the United States, and one of whom is a resident of the State of New York, desiring to form a corporation for the prevention of cruelty to children {or, cruelty to animals), pursuant to article V of the Membership Corporations Law, do hereby make, sign, acknowledge, and file this certificate for such purposes, as follows: First. The name of the proposed corporation is (state corporate name). Second. The particular object for which the corporation is to be formed is (state object). Third. The operations of the corporation are to be conducted in the county of (state name), and there is no corporation in such county for the purpose of conducting such operations therein. Fourth. The principal office of the corporation is to be located in the town (village, or, city) of (state name). COEPOEATIONS. 475 Fifth. The number of its directors shall be (state number, not less than five nor more than thirty). Sixth. The names and places of residence of the persons to be its directors until its first annual meeting are as follows: Names. Places of residence. Seventh. The date for holding its annual meeting shall be (state the day of the month on which its annual meeting is to be held). In witness whereof, we have made, signed, acknowledged, and filed this certificate in duplicate. Dated, this day of , 19 . . . (Signatures of incorporators, not less than five.) STATE OF NEW YORK, > ^^ . County of , ) On this day of , 19. . ., before me personally came (insert names of subscribers to certificate), to me personally known to be the per- sons described in and who made and signed the foregoing certificate, and severally duly acknowledged to me that they made, signed, and executed the same for the uses and purposes therein set forth. (Signature of notary.) Certificate of Justice. I hereby approve of the foregoing {or, within) certificate and of the filing thereof. (Signature of the justice of the Supreme Court of the judicial district in which the place of business or principal office of such corporation is located.) The annexed certificate is hereby approved by the New York Society for the Prevention of Cruelty to Children {or, the American Society for the Prevention of Cruelty to Animals), power to express such approval having been delegated to me as, president of such society by the board of directors thereof. (Signature of president.) XTotice of Application to Court. 8 To A. B., president of the New York Society for the Prevention of Cruelty to Children {or, the American Society for the Prevention of Cruelty to Animals) : Take notice. — That application having been made to such society on the day of , 19..., for the approval of the certificate of ' If the approval ot either of the socle- tlee, and the proposed corporators can ties above mentioned is withheld for use such papers on that application as thirty days after request therefor, ap- they deem best, but must serve a copy plication may be made to a justice of of them on the society with the notice the Supreme Court upon eight days' no- of motion. 476 clerk's assistant. incorporation of the (state name of society), and such approval not having been given within thirty days after the date of such application, we hereby give notice that on the day of , 19. . ., we will apply to (state name of justice of Supreme Court, who approved certificate) for his approval authorizing the filing thereof, notwithstanding the disapproval of such society. Bated, this day of , 19 . . . (Signatures of persons proposing to incorporate.) No. 33. Certificate of IncorpoTation. of Hospital Corporation. (Id., § 80.) We, the undersigned, all being persons of full age, at least two-thirds of whom are citizens of the United States, and one of whom is a resident of the State of New York, desiring to form a hospital corporation, pursuant to article VI of the Membership Corporations Law, do hereby make, sign, ac- knowledge, and file this certificate for such purposes, as follows: First. The name of the proposed corporation is (st^te corporate name). Second. The particular object for which the corporation is to be formed is (state an object authorized by section 80 of the Membership Corporations Law.) 9 Third. The principal office of the corporation is to be located in the town (village, or, city) of (state name). Fourth. The number of its directors shall be (state number, not less than three nor more than thirty ) . Fifth. The names and places of residence of persons to be its directors until its first annual meeting are as follows: Names. Places of lesldeQce. Sixth. The date for holding its annual meeting shall be (state the day of the month on ^hieh its annual meeting is to be held). Seventh. (The certificiEit6 may, if so desired, specify the qiiaJification of members ^ifh respect to adherence or nonadherence to a particular Scluriil or theory of medical or surgical treatment, and the systems of n^edical practice or treatment to be used or applied in such hospital, infirmary, dispensary, or home.) In witness whereof, we have made, signed, acknowledged, and filed this cer- tificate in duplicate. Dated, this day of , 19. . . (Signatures of incorporators, not less than fire.) " " Erecting, establishing or maintaining a hospital, infirmary, dispensary, or home for invalids, aged or indigent persons." COEPOEATIONS. 477 STATE OF NEW YORK, ) ^^ . County of , ) On this day of , 19. . ., before me personally came (insert names of subscribers to certificate ) , to me personally known to be the persons described in and who made and signed the foregoing certificate, and severally duly acknowledged to me that they made, signed, and executed the same for the uses and purposes therein set forth. (Signature of notary.) Certificate of Justice. I hereby approve of me foregoing {or, within) certificate, and of the filing thereof. (Signature of the justice of the Supreme Court of the judicial district in which the principal office or place of business of such corporation shall be located.) (Add approval of State board of charities.) No. 34. Certificate of Incorporation of a Christian Association. (Id., § 90.) We, the undersigned, all being persons of full age, at least two-thirds of whom are citizens of the United States, and one of whom is a resident of the State of New York, desiring to form a young men's {or, young women's) Christian association, pursuant to article VII of the Membership Corpora- tions Law, do hereby make, sign, acknowledge, and file this certificate for such purposes, as follows: First. The name of the proposed corporation is ( state corporate name ) . Second. The particular objects for which the corporation is to be formed are (state objects). 10 Third. The principal office of the corporation is to be located in the town (village, or, city) of (state name). Fourth. The number of its directors shall be (state number, not less than five nor more than thirty). Fifth. The names and places of residence of the persons to be its directors until its first annual meeting are as follows: Names. Places of residence. Sixth. The date for holding its annual meeting shall be (state the day of the month on which its annual meeting is to be held ) . Seventh. The names of its trustees are (state names of six persons to be its 10 " poj. (ijg purpose of improving the spiritual, mental, social, and physical eon- flitlon of young men (or of young women)." 478 clebk's assistant. trustees, each of whom shall be a member of some Protestant Evangelical denomination, and not more than two of whom shall be members of any one denomination ) . In witness whereof, we have made, signed, acknowledged, and filed this certificate in duplicate. Dated, this day of , 19 . . . (Signatures of not less than twenty men, if a young men's Christian association, and not less than twenty women, if a young women's Christian association.) STATE OF NEW YORK, ) County of , ) On this day of 19 ... , before me personally came (insert names of subscribers to certificate ) , to me personally known to be the persons described in and who made and signed the foregoing certificate, and severally duly acknowledged to me that they made, signed, and executed the same for the uses and purposes therein set forth. (Signature of notary.) Certificate of Justice. I hereby approve of the foregoing {or, within) certificate and of the filing thereof. (Signature of a justice of the Supreme Court.) No. 35. Certificate of Incorporation of Bar Association. (Id., § 100.) We, the undersigned, all being persons of full age, at least two-thirds of whom are citizens of the United States, and one of whom is a resident of the State of New York, and all of whom are attorneys or counselors of the Supreme Court of the State of New York, in actual practice, and residing in liaving their office in the county of (state name of county), desiring to form a bar association, in pursuance of article VITI of the Membership Corporations Ijaw, do hereby make, sign, acknowledge, and file this certificate for such pur- poses, as follows: First. The name of the proposed corporation is (state corporate name). Second. The particular objects for which the corporation is to be formed are (state objects ).ll Third. The county in which its operations are to be conducted is (state name). " " For the purposes of cultivating the standard of integrity, honor, and eour- science of Jurisprudence, promoting re- tesy in tlie legal profession, and cUerlsh- forms in the law, facilitating the ad- Ing the spirit of brotherhood among tlie ministration of justice, elevating the members thereof." CORPORATIONS. 479 Fourth. The principal business office of the corporation is to be located in ihv town (village, or, city) of (state name). Fifth. The number of its directors shall be (state number), not less than three nor more than thirty). Sixth. The names and places of residence of the persons to be its directors until its first annual meeting are as follows: Names. Places of residence. Seventh. The date for holding its annual meeting shall be (state the day of the month on which its annual meeting is to be held ) . In witness whereof, we have made, signed, acknowledged, and filed this cer- tificate in duplicate. Dated, this day of , 19 . . . (Signatures of not less than nine attorneys, residing or having their offices in the same county and in actual practice therein.) STATE OF NEW YORK, ^ ^^ !■ County of On this day of , 19. . ., before me personally came (insert names of subscribers to certificate ) , to me personally known to be the persons described in and who made and signed the foregoing certificate, and severally duly acknowledged to me that they made, signed, and executed the same for the uses and purposes therein set forth. (Signature of notary.) Certificate of Justice. I hereby approve of the foregoing (or, within) certificate and of the filing thereof. (Signature of a justice of the Supreme Court.) No. 36. Certificate of Incorporation of Veteran Soldiers and Sailors' Associa- tion. (Id.. § 110.) We, the undersigned, all being persons of full age, at least two-thirds of whom are citizens of the United States, and one of whom is a resident of the State of New York, and all of whom are honorably discharged soldiers and sailors of the Union army or navy (or, the male descendants of such soldiers and sailors), desiring to become incorporated as a veteran soldiers and sailors' association, pursuant to article IX of the Membership Corporations Law, do hereby make, sign, acknowledge, and file this certificate for such purposes, as follows: First. The name of the proposed corporation is ( state corporate name ) . 480 Second. The particular objects for which the corporation is to be formed are (state objects). 12 Third. The principal office of the corporation is to be located in the town (village, or, city) of (state name). Fourth. The names and places of residence of the persons to be its directors until the first annual meeting are as follows: Names. Places of residence. (Insert the names and residences of fifteen persons.) Fifth, The date for holding its annual meeting shall be (state the day of the month on which its annual meeting is to be held). In witness whereof, we have made, signed, acknowledged, and filed this cer- tificate in duplicate. Dated, this day of , 19. . . (Signatures of not less than twenty-five honorably discharged soldiers and sailors, or the male descendants thereof.) STATE OF NEW YORK, ) ^^ . County of , ) On this day of , 19. . ., before me personally came (insert names of subscribers to certificate), to me personally known to be the persons described in and who made and signed the foregoing certificate, arid severally duly acknowledged to me that they made, signed, and executed the same for the uses and purposes therein set forth. (Signature of notary.) Certificate of Justice. I hereby approve of the foregoing (or, within) certificate and of the filiiig thereof. (Signature of a justice of the Supreme Ciourt.) No. 37. Certificate of Incorporation of Soldiers' Monument Corporation. (Id., § 120.) We, the undersigned, all being persons of full age, at least two-thirds of Whom are citizens of the United States, and one of whom is a resident of the State of New York, desiring to form a soldiers' monument corporation, pur- suant to article X of the Membership Corporations Law, do hereby make, sign, aekriowledge, and file this certificate for such purposes, as follows: First. The name of the proposed corporation is (state name). ^ " For social, literary, patriotic, charitable, and historical purposes." COEPOKATIONS. 481 Second. The particular object for which the corporation is to be formed is to (state object). 13 Third. The principal office of the corporation is to be located in the town (village, or, city) of (state name). Fourth. The number of its directors shall be (state number, not less than six nor more than twelve). Fifth. The names and places of residence of the persons to be its directors until the first annual meeting are as follows: Names. Places of residence. Sixth. The date for holding its annual meeting shall be (state the day of the month on which its annual meeting is to be held). Ill witness whereof, we have made, signed, acknowledged, and filed this cer- tificate in duplicate. Dated, this day of , 19 . . . (Signatures of incorporators, not less than three.) STATE OF NEW YORK, ) County of , ) On this day of , 19. . ., before me personally came (insert names of subscribers to certificate), to me personally known to be the persons described in and who made and signed the foregoing certificate, and severally duly acknowledged to me that they made, signed, and executed the same for the uses and purposes therein set forth. (Signature of notary.) Certificate of Justice. I hereby approve of the foregoing [or, within) certificate and of the filing thereof. (Signature of a justice of the Supreme Court.) No. 38. Certificate of Incorporation of Board of Trade. (Id., § 130.) We, the undersigned, all being persons of full age, at least two-thirds of whom are citizens of the United States, and one of whom is a resident of the State of New York, desiring to form a board of trade corporation, pursuant to article XI of the Membership Corporations Law, do hereby make, sign, acknowledge, and file this certificate for such purposes, as follows: First. The name of the proposed corporation is (state corporate name). '* " For the purpose of erecting a mon- sailors who served In defense of the ument, monuments, or memorial, Includ- Union in the late war." ing a memorial hall or building, to per- By chapter 207 of the laws of 1899 the petnate the memory of the soldiers and object for which such a corporation may 31 482 clerk's assistant. Second. The particular object for which the corporation is to be formed: is (state object ).14 Third. The principal office of the corporation is to be located in the town (village, or, city) of (state name). Fourth. The number of its directors shall be (state number, not less than live). Fifth. The names and places of residence of the persons to be its directors, until the first annual meeting, are as follows: Names. Places of residence. Sixth. The date for holding its annual meeting shall be (state the day of the month on which its annual meeting is to be held ) . In witness whereof, we have made, signed, acknowledged, and filed this cer- tificate in duplicate. Dated, this day of , 19 . . . (Signatures of incorporators, not less than five.) STATE OF NEW YORK, ) ^^ . €ounty of , ) On this day of , 19 ... , before me personally came (insert names of subscribers to certificate), to me personally known to be the persons described in and who made and signed the foregoing certificate, and severally duly acknowledged to me that they made, signed, and executed the same for the uses and purposes therein set forth. (Signature of notary.) Certificate of Justice. I hereby approve of the foregoing {or, within) certificate and of the filing thereof. (Signature of a justice of the Supreme Court.) No. 39. Certificate of Incorporation of Agriculturr.1 and Horticultural Cor- poration. (Id., § 140.) We, the undersigned, all being persons of full age, at least two-thirds of whom are citizens of the United States, and one of whom is a resident of the- be formed appears to include any of the to diffuse accurate and reliable informa- objects above in reference to tlie sol- tion as to the standing of merchants and diers and sailors of the Spanish war other matters, to procure uniformity and also. certainty in the customs and usages of " " For 'he purpose of fostering trade trade and commerce, and of those hav- and commerce, or the interests of those ing a common trade, business, flnancialt having a common trade, business, flnan- or professional interest; to settle dlffer- cial, or professional interest, to reform ences between its members, and to pro- abuses relative thereto, to secure free- mote a more enlarged and friendly inter- dom from unjust or unlawful exactions, course between business men," COEPOEATIONS. 483 State of New York, desiring to form an agricultural corporation for the county or town of ( state name ) ( or, the towns of , naming two, three, or four towns ) , pursuant to article XII of the Membership Corporations Law, do hereby make, sign, acknowledge, and file this eertiflcate for such purposes, as follows: First. The name of the proposed corporation is (state corporate name). Second. The particular objects for which the corporation is to be formed are (state objects). IB Third. The territory in which the operations of the corporation will be conducted in the county {or, town or towns) of (state name, but if for more than one town, not more than four towns can be named ) . Fourth. There is not any other incorporated county agricultural^ society in such county ( or, town, as the case may be ) . Fifth. The principal office of the corporation is to be located in the town ( village, or, city ) of ( state name ) . Sixth. The number of its directors shall be (state number, not less than six nor more than twelve ) . Seventh. The names and places of residence of the persons to be its directors until its first annual meeting are as follows: Names. Places of residence. Eighth. The date for holding its annual meeting shall be (state the day o£ the month on which its annual meeting is to be held ) . In witness whereof, we have made, signed, acknowledged, and filed this cer- tificate in duplicate. Dated, this day of , 19 . . . ( Signatures of incorporators, not less than ten. ) STATE OF NEW YORK, ) ^^ . County of , ) On this day of , 19 . . . , before me personally came ( insert names of subscribers to certificate ) , to me personally known to be the persons described in and who made and signed the foregoing certificate, and severally duly acknowledged to me that they made, signed, and executed the same for the uses and purposes therein set forth. (Signature of notary.) Certificate of Justice. I hereby approve of the foregoing {or, within) certificate and of the filing thereof. (Signature of a justice of the Supreme Court.) « " For promoting agriculture, horti- vent the formation of a separate town .culture, and the mechanic arts." society for each of the towns. Where a "There shall be l)ut one county society new county Is carved out of an old one, in a county and but one town society in an existing society may be continued as a town. A joint society may be formed the joint society of the new and the old for two, three, or four towns, but the counties. Mem. Corp. L., § 141. existence of such a society docs not pre- 484 cleek's assistant. No. 40. Certificate Changing the Number of Directors of Cemetery Corporation. (Id., § 44.) We, the undersigned, a majority of the directors of the (state corporate name ) , a cemetery corporation, incorporated by or under chapter of tho Laws of 18..., desiring to change the number of directors thereof, in pursuance of section 44 of the Membership Corporations Law, do hereby make, sign, acknowledge, and file this certificate for such purposes, as follows: First. The number of directors which such corporation now has, in pur- suance of law, is (state number). Second. The number of directors which the corporation shall hereafter have shall be (state number, either six, nine, twelve, or fifteen). In witness whereof, we have made, signed, acknowledged, and filed this certificate in duplicate. Dated, this day of , 19 . . , (Signatures of majority of directors.) STATE OF NEW YOEK, ) ^^ . County of , ) On this day of , 19 ... , before me personally came (insert the names of subscribers to certificate), to me personally known to be the same persons described in and who made and signed the foregoing cer- tificate, and severally duly acknowledged to me that they made, signed, and executed the same for the uses and purposes therein set forth. (Signature of notary.) No. 41. Certificate of Extension of Purposes. (Mem. Corp. L., § 4.) We, the undersigned, a majority of the directors of the (corporate name), a membership corporation, incorporated by ( or, under ) chapter of the Laws of 18..., desiring to extend its corporate purposes, pursuant to section 4 of the Membership Corporations Law, do hereby certify as follows: First. The name of the corporation is ( corporate name ) . Second. The purpose for which it was incorporated is ( state purpose, which must be one for which a corporation may be formed under article II of Mem- bership Corporations Law ) . Third. The purpose to which it is desired to extend its corporate purposes is (state purpose, which must be one for which a corporation may be formed under article II of Membership Corporations Law). Fourth. Such extension has been duly authorized by a resolution adopted by the concurring vote of a majority of the members of the corporation present at an annual meeting {or, special meeting, duly called) of the cor- COBPOEATIONS. 485 poration, as more fully appears by the certificate of the president and secre- tary of the corporation, hereto annexed and filed herewith. In witness whereof, we have made, signed, and executed this certificate in duplicate. Dated, this day of , 19 . . . (Signatures of majority of direetor.s.) [ ss. : STATE OF NEW YORK^ County of , On this day of , 19 . . ., before me personally came (names), to me severally known to be the persons described in and who made and signed the foregoing certificate, and severally duly acknowledged to me that they made, signed, and executed the same for the purposes therein set forth. (Signature of notary.) Certificate of President and Secretary. We, the undersigned, A. B., president, and C. D., secretary, of the (corpo- rate name), do hereby certify, as follows: That an annual meeting {or, special meeting, duly called for the purpose of acting upon the proposition of extending the corporate purposes of the corporation, pursuant to section 4 of the Membership Corporations Law) of such corporation, was held on the day of , 19 . . . That at such meeting there were present (state number) of the members of such corporation. That the following resolution was offered: " Resolved, That the purposes and powers of the ( corporate name ) be ex- tended, as follows : ( State purposes ) , and that the directors of such corpora- tion be authorized and directed to execute and file a certificate, pursuant to section 4 of the Membership Corporations Law, and to take such other and further steps as may be necessary and proper." That such resolution was duly adopted by the concurring vote of (state number) of the members of such corporation, being a majority of all the members present at such meeting. Dated , 19. . . A. B., President. C. D., Secretary. STATE OP NEW YORK, i ^ . County of , j A. B., president, and C. D., secretary, being severally duly sworn, each deposes and says, that A. B. is president of (corporate name) and C. D. is secretary thereof; that he has read the foregoing certificate, subscribed by him, and knows the contents thereof, and that the same is true and correct of his own knowledge. A. B., President. Sworn to before me, this I CD., Secretary. day of 19... ) (Signature of notary.) 486 Certificates of Justice and State Board. I hereby approve of the extension of corporate purposes proposed by the foregoing {or, within) certificate, and of the filing thereof. (Signature of justice of Supreme Court.) V'e, A. B., president, and C. D., secretary, of the State board of charities, hereby certify, that at a meeting of such board, held on the day of , 19. . ., the foregoing (or, within) certificate, extending the pur- poses of the (corporate name), was duly approved, and the filing thereof authorized. A. B., President. C. D., The certificate should be filed in the offices in which the original certifi- cates of the corporation, if any, are filed ; and otherwise in the offices in which certificates of incorporation for such purposes are required to be filed. Religious Corporations. Certificates of incorporation of religious corporations are filed only in the office of the clerks of the counties where the principal office or place of worship of said corporation is or is intended to be situated. If the corpora- tion does not have, and does not intend to have, such an office or place of worship, then the certificate should be filed in the office of the secretary of state. No approval by a justice of the Supreme Court or other officer is required to a certificate of a religious corporation. The fees are six cents for filing and ten cents a folio for recording. No. 42. Oeneral Form of Certificate of Incorporation of Church. (Relig. Corp. L., § 83.) STATE OF NEW YORK, ) ^^ . County of , ) We, the undersigned, A. B., presiding officer, and C. D. and E. F., two per- sons voting at a meeting held on the day of , 19. . ., of the church, which said meeting was held for the purpose of voting upon a proposition to incorporate said church under the provision of the Religious Corporations Law, do hereby certify as follows: First. That a notice of the meeting of the members of (state name of unin- corporated church), to determine whether such church should become incor- porated, was duly given in pursuance of section 81 of the Religious Corpora- tions Law, and such meeting was held in accordance therewith on the day of , 19. . ., at .... o'clock, in the noon. Second. That A. B. was the presiding officer of such meeting, and C. D. and E. F. were present and voted thereat. CORPOEATIONS. 487 Third. That at such meeting it was determined to incorporate such church as a religious corporation, in pursuance of sections 82 and 83 of the Religion^ •Corporations Law. Fourth. The name of the proposed corporation, as decided upon by such meeting, is ( state name ) . Fifth. The principal place of worship of such corporation is to be located in the county of , in the town ( city, or, village ) of ( state name ) . Sixth. The number of trustees decided upon at such meeting was (three, six, or nine). Seventh. The names of the trustees elected by such meeting, to hold office until the first annual election, are, respectively, as follows : ( Names of one- third of trustees.) Eighth. The names of the trustees elected by such meeting to hold office until the second annual election, are, respectively, as follows: (Names of one- third of trustees.) Ninth. The names of the trustees elected by such meeting, to hold office until the third annual election, are, respectively, as follows: (Names of one- iihird of trustees). Tenth. The date fixed by such meeting for holding the first annual election •of trustees of such corporation was (state date, not more than fifteen months after such meeting ) . In witness whereof, we have made, signed, acknowledged, and filed this cer- tificate on the day of , 19 . . . ( Signatures of the presiding officer of the meeting and of two persons present and voting thereat. ) STATE OP NEW YORK, | ^^ . County of , ' On this day of , 19 . . . , before me personally came ( names •of subscribers), personally known to me to be the persons described in and who made and signed the foregoing certificate and severally acknowledged to me that they made, signed, and executed the same, for the purposes therein set forth. (Signature of notary.) No. 43. Xotice of Meeting for Incorporating Church. (Id., § 81.) Notice is hereby given that a meeting of (state name of unincorporated fihurch) will be held at the usual place of worship of such church on the day of , 19. . ., at o'clock, in the noon, to de- termine whether such church shall become incorporated, and if the decision is in favor thereof, of electing trustees of such corporation. (Notice should be signed by at least six persons qualified, as provided by section 81 of the Religious Corporations Law.) 488 cleek's assistant. No. 44. Incorporation of a Union Church. (Id., § 100.) (The form of certificate should be the same as for the separate incorpo- ration of one of the churches, except that it should recite the agreement of union, adopted by the meeting, and the number of trustees of the incorporated union church to be selected by each unincorporated church. It should be filed in the county clerk's office of the county in which the principal place of worship is to be located. Fees for filing, six cents; for recording, ten cents per folio.) No. 45. Incorporation of Governing Bodies. (Id., § 14.) We, the undersigned, A. B., chairman, and C. D., clerk of (state name of governing body), do hereby certify as follows: That a stated meeting of such (state name of governing body) was held at on the day of , 19 . . . That at such meeting, the undersigned, A. B., acted as chairman, and the undersigned, C. D., acted as clerk. That the following resolution was offered: "Resolved, That (name of unincorporated governing body) shall become a corporation, in purs; ancj of section 14 of the Religious Corporations Law, by the name of (state corporate name desired) ; that (state names of not less than three nor more than nine persons) be the first trustees of such cor- poration; and that the presiding officer and clerk of (state name of governing body) be hereby directed to execute, acknowledge, and file a certificate effect- ing such incorporation, in pursuance of section 14 of the Religious Corpora- tions Law." That upon the question of the adoption of such resolution (state number) votes were cast, of which (state number) votes were cast in favor thereof, being a plurality of votes of all the members of such presbytery {or, other governing body) present and voting thereon. That such resolution was thereupon declared duly adopted. In witness whereof, we have made, signed, acknowledged, verified, and filed this certificate, this day of , 19 . . . A. B., Chairman. C. D., 8ecreta/ry. STATE OF NEW YORK, ) ^^ . County of , ' A. B., chairman, and C. D., cleiK, being duly and severally sworn, each de- poses and says, that he has read the foregoing certificate subsouibed by him COEPOEATIONS. 48 & and knows the contents thereof, and that the same is true and correct of his own knowledge. A. B., Chavrmm. „ . , . C. D., Clerk. Severally sworn to before me, this ) day of ,19... \ (Signature of attorney.) STATE OF NEW YORK \ County of , ) On this day of , 19 ... , before me personally came A. B. and C. D., to me personally known to be the persons described in and who made and signed the foregoing certificate, and duly acknowledged to me that they made, signed, and executed the same for the uses and purposes therein set forth. (Signature of notary.) (Certificate should be filed in the office of the county clerk.) No. 46. Uotice of meeting for Incorporation of Episcopal Church. (Id., § 30.) Notice is hereby given that a meeting of the members of (state name of church) will be held on the day of , 19. . ., at .... o'clock, in the noon, for the purpose of determining whether such society shall become incorporated, and if the decision be in favor thereof, of determining the date of the annual election of the proposed corporation, and of electing vestrymen and churchwardens thereof. No. 47. Certificate of Incorporation of Episcopal Church. (Id., § 31.) We, the undersigned, A. B., chairman, and C. D. and E. F., do hereby cer- tify as follows: First. That a notice of a meeting of the members of (state name of unin- corporated church), to determine whether such church should become incorpo- rated, was duly given in pursuance of section 30 of the Religious Corporations Law, and such meeting was held in accordance therewith on the day of , 19 . . , , at . . o'clock, in the noon. Second. That A. B. was presiding officer of such meeting, and C. D. and E. F. were present at such meeting and voted thereat. Third. At such meeting it was determined to incorporate such church as a religious corporation, in pursuance of section 31 of the Religious Corpora- tions Law. 490 Fourth. The name of the proposed corporation, as decided upon by such meeting, is (state name). Fifth. The principal place of worship of such corporation is to be located in the county of , in the town (village, or, city) of (state name). Sixth. The date of holding the annual election of such corporation shall be (state a secular day of the week, commencing with the first Sunday in Advent). Seventh. The number of vestrymen decided upon at such meeting was (state number). Eighth. The names and terms of ofSce of the vestrymen elected by such meeting are, respectively, as follows: Names. Terms of office. Ninth. The names and terms of office of the churchwardens elected at such meeting are, respectively, as follows: Names. Terms of office. In witness whereof, we have made, signed, acknowledged, and filed this cer- tificate on this day of , 19 . . . ( Signatures of the presiding ofiicer of the meeting and of two persons present and voting thereat. ) STATE OF NEW YORK, ) ^^ County of , ) On this day of , 19. . ., before mo personally came (names of subscribers), personally knovra to me to be the persons described in and who made and signed the foregoing certificate, and severally acknowledged to me that they made, signed, and executed the same for the purposes therein set forth. (Signature of notary.) No. 48. Certificate of Incorporation of Boman Catholic or Greek Church. (Id., § 50.) We, the undersigned, A. B., archbishop (or, bishop), and C. D., vicar-gen- eral of the diocese of (state name), E. F., rector, and F. G. and 0. F., desir- ing to incorporate (state name of unincorporated church) as a Roman ■Catholic church, in pursuance of section 50 of the Religious Corporations Law, do hereby make, sign, acknowledge, and file this certificate for such purposes, as follows: First. The name by which such church shall be known is (state corporate name). COBPOEATIONS. 491 Second. The principal place of worship of the church corporation is to be located in the town ( village, or, city ) of ( state name ) . Third. F. G. and 0. F. are two laymen members of such church, selected by the archbishop, vicar-general, and rector thereof to execute this certificate. In witness whereof, we have made, signed, acknowledged, and filed this -certificate this day of , 19 . . . (Signatures of archbishop, vicar-general, rector, and two laymen.) STATE OF NEW YORK, ) ^^ County of , ) On this day of , 19 ... , before me personally came A. B., archbishop; C. D., vicar-general; E. F., rector, and F. G. and 0. F., to me personally known to be the persons described in and who made and signed the foregoing certificate, and duly acknowledged to me that they made, signed, and executed the same for the purposes therein set forth. (Signature of notary.) (Certificate of the Greek church should be in the same form, except as to the persons executing it.) No. 49. Certificate of Incorporation of Beformed Dutch, Beformed Presbyterian, or Lutheran Church. (Id., § 62.) We, the undersigned, the minister (or, ministers) and the elders and deacons of (state name of church, or, if a Presbyterian church, the deacons only, if authorized by the church ) , desiring to incorporate such church, in pursuance of section 62 of the Religious Corporations Law, do hereby make, sign, acknowledge, and file this certificate for such purpose, as follows: First. The name of such incorporated church shall be (state name). Second. The principal place of worship of such church is to be in the county of , in the town (city, or, village) of (state name). (If it be an Evangelical Lutheran church, add a, recital, that at a meeting of the members of such church, duly called and. held on the day of , 19. . ., it was determined to incorporate, in pursuance of article 4 of the Religious Corporations Law.) (If the certificate is to be made by the deacons of a Reformed Presbyterian •church, add » recital, that the deacons of such church were authorized by the members of such church to incorporate such church, in pursuance of section i)2 of the Religious Corporations Law.) In witness whereof, we have made, signed, acknowledged, and filed this cer- tificate, this day of , 19 . . . (Signatures of persons making certificate, with designations of their offices.) 492 cleek's assistant. STATE OF NEW YORK, ) ^ . County of , ' On this day of , 19 ... , before me personally came (names. of subscribers), to me personally known to be the persons described in and who made and signed the foregoing certificate, and severally acknowledged to me that they made, signed, and executed the same for the purposes therein set forth. (Signature of notary.) Note. — Certificate should be filed in the office of the county clerk of the county in which the principal place of worship of the church is, or is to be, located. Fees for filing, six cents; for recording, ten cents per folio. No. 50. Incorporation of Corporations for Acquiring Parsonages for Presldinj^ Elders or Camp-Heeting Grounds. (Id., § 17.) We, the undersigned, A. B., presiding elder, and C. D. and E. F., etc., a majority of the district stewards, residing within (state name) a presiding elder's district, erected by the (state name) annual conference of the Metho- dist Episcopal church, desiring to become incorporated, in pursuance of sec- tion 17 of the Religious Corporations Law, for the purpose of acquiring, maintaining, and improving real property, as a parsonage for the presiding elder of such district {or, as a camp ground for camp-meeting purposes, or, for both of such objects), do hereby make, sign, acknowledge, and file this certificate for such purposes, as follows: First. The name of the proposed corporation is ( state name ) . Second. The object for which the corporation is to be formed is (state object). Third. The name of such presiding elder's district is (state name). Fourth. The name of the annual conference by which such presiding elder's, district was erected is (state name). Fifth. The names, residences, and official relation to such district of the signers of this certificate are, respectively, as follows: Names. Besidence. Official relation Sixth. The number of trustees of such corporation shall be (state number, three or some multiple of three, not more than twenty-one). Seventh. The names of the trustees to hold office for three years are (names of one- third of the trustees) ; the names of the trustees to hold office for two CORPOEATIONS. 493 ^ ears are ( namea of one- third of the trustees ) ; and the names of the trustees to hold ofBoe for one year are (names of one-third of the trustees). In witness whereof, we have made, signed, acknowledged, and filed this cer- tificate, on this day of , 19 . . . (Signatures of presiding elder and a majority of the district stewards.) STATE OF NEW YORK, ^ ^^ County of On this day of , 19. . ., before me personally came (names ■of subscribers), personally known to me to be the persons described in and who made and signed the foregoing certificate, and severally acknowledged to me that they made, signed, and executed the same for the purposes therein set forth. (Signature of notary.) Note. — Certificates should be filed in the county clerk's office of the county in which the presiding elder's district, or part thereof, is located. Fees for filing, six cents; for recording, ten cents per folio. Certificates of Presiding Elder and Stewards of Adjoining District. We, the undersigned, A. B., presiding elder, and C. D. and E. F., a majority of the district stewards of (state name), a presiding elder's district, erected by the (state name) annual conference of the Methodist Episcopal church, •desiring to constitute the presiding elder and stewards of such district mem- bers of a corporation formed by the presiding elder and district stewards of (state name), an adjoining presiding elder's district, having as one of its objects the acquisition, maintenance, and improvement of real property, as a camp-meeting ground for camp-meeting purposes, do hereby make, sign, ac- knowledge, and file this certificate, in pursuance of section 17 of the Religious Corporations Law, as follows: First. The name of such presiding elder's district is ( state name ) . Second. The name of the presiding elder's district, with which it is de- sired to become associated, is ( state name ) . Tliird. The names, residence, and official relation to such presiding elder's •district of the signers of this certificate, are as follows: Names. Residence. Official relation. In witness whereof, we have made, signed, acknowledged, and filed this cer- tificate, this day of , 19 . . . (Signatures of presiding elder and a majority of the district stewards.) STATE OF NEW YORK, K^ County of , ' On this day of , 19. . ., before me personally came (names of subscribers) personally known to me to be the persons described in and 494 clerk's assistant. "who made and signed the foregoing certificate, and severally acknowledged to me that they made, signed, and executed the same for the purposes therein set forth. (Signature of notary.) (The consent of the original corporation should be indorsed on the certifi- cate and the certificate filed in the county clerk's ofiice of the county in which the district, or » part thereof, is located. Fees for filing, six cents; for recording, ten cents per folio.) Certificate Changing tlie Number of Trustees. We, the undersigned, a majority of the trustees of (state corporate name), a corporation formed by the presiding elder and district stewards of (state- name of presiding elder's district ) , in pursuance of chapter of the- Laws of 18. . ., do hereby certify as follows: That an annual {or, special meeting, duly called therefor) of such corpo- ration was held on the day of , 19 ... , at o'clock in the noon. That at such meeting the following resolution was offered; " Resolved, That the number of trustees of such corporation be changed from (state existing number) to (three, or, scrme multiple of three, or, not more than twenty-one), in pursuance of section 17 of the Religious Corporations Law, and that the trustees of such corporation be directed to sign, acknowl- edge, and file the necessary certificate therefor." That such a resolution was duly adopted by a majority vote of the mem- bers of such corporation present at such meeting and voting thereon. In witness whereof, we have made, signed, acknowledged, and filed this cer- tificate on this day of , 19. . . (Signatures of a majority of trustees.) [■ ss. . On this day of , 19. . ., before me personally came (names of subscribers), personally known to me to be the persons who made antt signed the foregoing certificate, and severally acknowledged to me that they made, signed, and executed the same for the purposes therein set forth. (Signature of notary.) STATE OF NEW YORK, County of No. 51. Certificate of Incorporation of Corporations for Maintaiiung Mission Churches and Sunday Schools. (Id., § 16.) We, the undersigned, all being persons of full age, at least two-thirds of whom are citizens of the United States, and one of whom is a resident of the- State of New York, being members of (state names of churches of which they are members ) , desiring to form a corporation for the purpose of organizing: COEPOBATIONS. 40 i> and maintaining a mission church (or, a Sunday school) at (and places in the vicinity of such churches) and of acquiring property therefor, in pur- suance of section 16 of the Religious Corporations Law, do hereby make, sign, acknowledge, and file this certificate for such purposes, as follows: First. The name of the proposed corporation is (state corporate name). Second. The principal office [or, place of worship) of the corporation is to be located in the city of ( state name ) . Third. The members of (state names of churches) shall be admitted to mem- bership in such corporation, in pursuance of the by-laws thereof. Fourth. The number of its trustees shall be (three, six, or nine). Fifth. The names and places of residence of its trustees for the first year of its existence are as follows: Names. Places of residence. In witness whereof, we have made, signed, acknowledged, and filed this certificate, this day of , 19 . . . (Signatures of incorporators, not less than ten.) STATE OF NEW YORK, ) ^^ . County of , ) On this day of , 19 ... , before me personally came (insert names of subscribers to certificate), to me personally known to be the persons described in and who made and signed the foregoing certificate, and severally duly acknowledged to me that they made, signed, and executed the same for the uses and purposes therein set forth. (Signature of notary.) Note. — The certificates should be filed in the office of the county clerk of the county in which the principal office or place of worship of the corporation is intended to be located. Fees for filing, six cents ; for recording, ten cents per folio. If such mis- sion church should desire to incorporate as a separate church, the proceedings for incorporation should be the same as for a church of the denomination to- which it belongs. (See article applicable to such denomination.) No. 52. Consolidation of Incorporated Churches. (Id., § 26.) Agreement for Consolidation. This agreement, made the day of , 19. . ., between thfr board of trustees of (corporate name), party of the first part, and the boa id 496 ■of trustees of (corporate name), party of the second part, under the corpo- rate seals of such churches. Witnesseth, That (corporate name), party of the first part, is a church corporation, organized by ( or, under ) chapter of the Laws of 18 ... , for the purpose of (state purpose). That (corporate name), party of the second part, is a church corporation, organized by (or, under) chapter .... of the Laws of 18. . ., for the purpose of (state purpose). That, in consideration of the mutual covenants and agreements herein con- tained, the parties hereto do hereby agree to merge and consolidate such cor- porations into a. single corporation, in pursuance of section 12 of the Relig- ious Corporations Law, upon the following terms and conditions: First. The name of the church formed by such consolidation shall be (insert corporate name ) . Second. The church formed by such consolidation shall be of the (state denomination) denomination, and subject to the governing bodies and authori- ties of such denomination. Third. (If the churches of the denomination to which the new churcji is to belong have more than one method of choosing trustees, state the method by which the trustees of the new corporation are to be chosen. ) Fourth. The number of trustees of the corporation formed by such consoli- dation shall be (state number). Fifth. The names and places of residence of the persons to be the trustees of the corporation formed by such consolidation until its first annual meeting are as follows: Names. Places of residence. Sixth. The date for holding its annual meeting shall be (state the day of the month on which its annual meeting is to be held ) . In witness whereof, said parties of the first and second parts have executed this agreement in duplicate by their boards of trustees respectively, the day and year above mentioned. ( CORPOBATE SEAT. ) , J Trustees of [corporate name) { COEPOEATE SEAL. ) J Trustees of {corporate name). STATE OF NEW YORK, I ^^ . County of , ) On this ...... day of , 19 ... , before me personally came (names of trustees of the corporation of the first part), trustees of (corporate name), COEPOSATIONS. 497 to me personally known to be the persons who made and signed the foregoing agreement, and severally acknowledged to me that they made, signed, and executed the same for the uses and purposes therein set forth. (Signature of notary.) (Prepare the same form of acknowledgment for the directors of the corpora- tion of the second part and annex thereto.) STATE OF NEW YORK, ) >- ss. .■ County of , ) A. B., being duly sworn, deposes and says, that he is a trustee of (name of corporation, party of the first part), mentioned in the foregoing agreement; that he knows the corporate seal of such corporation, and that the seal affixed to such agreement is the corporate seal of such corporation, and was affixed thereto by order of the board of trustees thereof. A. B. Sworn to before me, this ) day of 19 . . . ) (Notary's signature.) (Prepare same affidavit for a trustee of the corporation of the second part and annex thereto.) Verified Copy of Proceedings of Meeting Approving Consolidation. A special meeting of the members of ( corporate name ) , for the purpose of submitting to said members the annexed agreement for the consolidation of ( corporate name ) with ( corporate name ) , was held at ( name of place ) , in the city ( village, or, town ) of , on the day of , 19. . ., at o'clock in the noon of that day. The meeting was organized by the election of A. B., as chairman, and C. D., as secretary thereof, respectively. Tlie annexed agreement was thereupon submitted to the members for their approval, and after consideration, a, vote was taken by ballot upon the ques- tion of approving or rejecting the same. The whole number of votes east upon said question was ( state number ) , of which (state number) votes were cast in favor of approving such agreement, being a majority of all the votes lawfully cast by the members of such cor- poration present and voting thereon. Thereupon, such agreement of consolidation was declared duly approved and adopted by such corporation, and the meeting adjourned. In witness whereof, we have made, signed, and verified the foregoing copy of proceedings, this day of , 19. . . A. B., Chairman. C. D., Secretary. STATE OF NEW YORK, , _ (. ss.. County of , J A. B., chairman, and C. D., secretary, being duly and severally sworn, de- poses and says, each for himself, that he has read the foregoing statement of 32 498 cleek's assistant. proceedings of a special meeting of the members of (corporate name), for the purpose of considering the question of consolidation of such corporation with (corporate name), and knows the contents thereof, and that the same is true and correct of his own knowledge. A. B., Chaimum. Sererally sworn to before me, this I C. P., Secretary. day of J 19... ' (Signature of notary.) (Prepare the same form of statement and verification for the other con- solidating corporation, and annex the same. Attach to such agreement the approval of the governing body, if any, of each of the churches forming such consolidation. ) Petition. SUPREME COURT — Cot.inty of Albany. 1 In the Matter of the Consolidation | of (corporate name) and (corpo- ^ porate name). | J The petition of (corporate name) respectfully shows to this court. That (corporate name) and (corporate name), by their respective boards of trustees, on the day of , 19. . ., entered into an agree- ment for the consolidation of such corporations into a new corporation, in pursuance of section 12 of the Religious Corporations Law, as follows: (In- sert copy of agreement.) That such agreement was duly approved at a meeting of each corporation separately and specially called for that purpose, by a majority of the votes of the members of each of such corporations lawfully cast at such meeting, as appears by the verified statements of the chairman and secretary of each of such meetings, respectively, hereto annexed, and made a part of this petition. That (corporate name of petitioner) is a church corporation, subject to the rules and regulations of the authorities and governing body of (state denom- ination), and the governing body of such denomination has consented to such consolidation as appears by the consent thereof, hereunto annexed and made a part of this petition. The property of (corporate name) is as follows: (Specify property) ; the liabilities of such corporation are as follows: (Specify liabilities) ; the amount and sources of the annual income of such corporation are as follows: (Specify sources of annual income ) . Wherefore, your petitioner prays for an order consolidating such corpora- tions in accordance with the terms and conditions of the agreement hereunto annexed, in pursuance of section 12 of the Religious Corporations Law. Dated, this day of , 19 . . . Trustees of (corporate name). COHPOBATION8. 499 STATE OP NEW YORK, ) ^^ . County of , S (Names of trustees), being duly and severally sworn, deposes and says, each for himself, that he has read the foregoing petition, subscribed by him, and knows the contents thereof, and that the same is true and correct. Severally sworn to before me, this ) Trustees of {corporate name). day of , 19. . . ) (Signature of notary.) (Prepare same petition for the trustees of the other consolidating corpora- tion.) Order. At a Special Term of the Supreme Court, held at , on the day of ,19... Present. — Hon. (name of justice). 1 In the Matter of the Consolidation J of (corporate name) and (eorpo- |- porate name). | J Petition having been made to this court by (corporate name) and (corporate name), in pursuance of section 12 of the Religious Corporations Law, for an order consolidating such churches, and it appearing from such petitions that tuch corporations have duly entered into an agreement for the consolidation thereof, and that the same has been duly approved by a majority of the votes lawfully cast at a meeting of each of such corporations, separately and specially called for that purpose, and also by the governing bodies of the de- nomination to which each of such churches belongs, and having heard in favor of such petition, and , in opposition thereto, now, on motion of , attorneys for ( corporate name ) , Ordered, That upon the entry of this order, in pursuance of section 12 of the Religious Corporations Law, such corporations shall be consolidated into a new corporation, upon the following terms and conditions: First. The name of such new corporation shall be ( state name ) . Second. The first trustees of such corporation shall be ( state names ) . Third. The successors to such trustees shall be chosen in the following man- ner : ( Describe manner of choosing successors of trustees ) . (Add such of the terms and conditions of the agreement as to the court may seem proper.) IJated, ( Signature of justice. ) Note. — Upon due entry of such order, the consolidation is effected. A copy of such order shall be recorded in a book for recording certificates of incor- 500 cleek's assistant. poration in each county clerk's office in which the certificate of incorporation of each consolidating corporation was recorded, or if no certificate has been so recorded, in the clerk's office of the cOUnty in which the principal place of worship, or principal office of the new corporation, is to be situated. The fees for filing in clerk's office are six cents; for refcording, ten cents per folio. No. 53. Notice of Time and Place of Corporate Heeling of Chiircli. (Id., § 84.) Notice is hereby given that at the annual meeting of (corporate name), to be held at , on the day of , 19 ... , at o'clock in the noon (as fixed by law, or, the by-laws), successors will be elected to (state names), as trustees of such corporation whose terms of office will then expire. No. 54. ITotice of Annual Elections of the Episcopal Church. (Id., S 33.) Notice is hereby given that the annual election of (corporate name) will be held on the day of , 19 ... , immediately after morning ser- vice, and that at such election a churchwarden and (state number) of vestry- men will be elected to fill the vacancies occurring by reason of expiration of the terms of office of ( state names of officers ) . No. 55. Certificate Changing the Number of Vestrymen of Episcopal Church. (Id., § 34.) We, the undersigned, A. B., presiding officer, and C. D. and E. F., do cer- tify as follows: That the annual meeting of (corporate name) was held on the day of , 19. . ., at o'clock in the noon. That A. B. was the presiding officer of such meetinj-, and C. D. and E. F. were present and qualified to vote thereat. That at such meeting, the following resolution of the vestry of such cor- poration was submitted for consideration: " Resolved, That the vestry of ( corporate name ) recommend that the num- ber of vestrymen of such parish be changed from (state existing number) to (three, six, or nine), in pursuance of section 34 of the Religious Corporations Law, and that a notice of such recommendation be included in the notice of the next annual meeting of such parish." COEPOEATIONS. 501 That notice of such resolution was included in the notice of such annual meeting. That such resolution was ratified by a majority of votes of the members of such corporation present at such meeting and voting thereat. That the number of vestrymen of such parish, as determined by such meet- ing, shall hereafter be (state number, three, six, or nine). In witness whereof, we have made, signed, acknowledged, verified, and filed this certificate, on the day of , 19 . . . (Signatures of presiding officer, and of two qualified voters present at the election.) STATE OF NEW YORK, ) ^^ . County of , ) A. B., presiding officer, and C. D. and E. F., being duly sworn, each deposes and says, that he has read the foregoing certificate, subscribed by him, and knows the contents thereof, and the same is true and correct of his own knowledge. A. B. C D Severally sworn to before me, this ) _' _' day of ,19... S (Signature of notary.) !■ ss. : STATE OF NEW YORK, County of , On this day of , 19. . ., before me personally came (names of subscribers ) , to me personally known to be the persons described in, and who made and signed the foregoing certificate, and severally acknowledged to me that they made, signed, and executed the same for the purpose therein set forth. (Signature of notary.) No. .56. Certificate Changing Date of Annual Election, Number, and Terms of Office of Vestrymen and Terms of Churchwardens of Episcopal Church. (Id., § 35.) We, the undersigned, A. B., presiding officer, and O. D. and E. F., do cer- tify as follows: That the annual meeting of (corporate name) was held on the day of , 19... That A. B. was the presiding officer of such meeting, and C. D. and E. F. were present and qualified to vote thereat. That at such meeting the following resolution of the vestry was submitted for consideration: "Resolved, That the vestry of (corporate name) recommend that the date of the annual election of such church be changed to a secular day of the week. 502 beginning with the first Sunday in Advent {or, that the number of vestry- men be changed to three, six, or nine, and that the terms of the chutehwardeng be changed so that one warden shall be elected annually), and that a notice of such recommendation be included in the notice of the next annual meeting of such parish." That notice of such resolution was included in the notice of such annual meeting. That such resolution was ratified by a majority of votes of all the members of such corporation present at such meeting and voting thereat. That the date determined upon for the annual meeting of the parish was (state the date, or, that the number of vestrymen so decided on was , and the meeting determined to thereafter elect churchwardens so that the term of one wa;rden shall expire annually). In witness whereof, we have made, signed, acknowledged, verified, and filed this certificate, on the day of , 19 . . . (Signatures of presiding ofiScer, and of two qualified TOtsrs present at the election.) STATE OF NEW YORK, ) ^^ . County of , ) A. B., presiding ofiicer, and C. D., and E. F., being duly sworn, each deposes and says, that he has read the foregoing certificate, subscribed by him, and knows the contents thereof, and the same is true and correct of his own knowledge. A. B. CD. Severally sworn to before me, this ) H. F. day of ,19... ) (Signature of notary.) STATE OP NEW YORK, ) ^^ . County of , ) On this day of , 19. . ., before me personally came A. B., C. D., and E. F., to me personally known to be the persons described in, and who made and signed the forgoing certificate, and duly acknowledged to me that they made, signed, and executed the same for the purposes therein set forth. (Signature of notary.) No. 57. Certificate Changing the Qualifications of Voters and the Qnalifloa- tions of Wardens and Vestrymen of the Episcopal Church. (Id., § 36.) We, the undersigned, A. B., presiding officer, and C. D. and B. P., do cer- tify as follows: That the annual meeting of (corporate name) was held on the day of , 19... COEPOEATIONS. 503 That A. B. was the presiding officer of such meeting, and C. D. and B. F. ■were present and qualified to vote thereat. That at such meeting the following resolution of the vestry of such corpora- tion was submitted for consideration: "Resolved, That the vestry of (corporate name) recommend that the quali- fications of voters at the corporate meetings of such church be changed so that only men of full age, who have been regular attendants on the worship of such parish or congregation, and contributed to the support thereof for one year next prior to such meeting (or, since establishment of such parish or congregation), shall be qualified to vote thereat; that the vestrymen of such parish shall be qualified voters, who have been baptized, and that the wardens shall be qua,lified voters who have been communicants of the Protestant Epis- copal Church; and that a notice of such recommendation be included in the notice of the next annual meeting of such parish. That notice of such resolution was included in the notice of such annual meeting. That such resolution was ratified by a, majority of votes of the members of such corporation present at such meeting and voting thereat. In witness whereof, we have made, signed, acknowledged, verified, and filed this certificate, on the day of , 19. . . (Signatures of presiding officer, and of two qualified voters present at the election.) STATE OF NEW YORK, ) ^^ . County of , ) A. B., presiding officer, and C. D. and E. F., being duly sworn, each deposes and says, that he has read the foregoing certificate, subscribed by him, and knows the contents thereof, and the same is true and correct of his own kncrwledge. A. B. Severally sworn to before me, this i CD. day of ,19... ) j. j. (Signature of notary.) STATE OF NEW YORK, | County of , ) On this day of , 19. . ., before me personally came A. B., presiding officer, and C. D. and E. F., to me personally known to be the per- sons described in, and who made and signed the foregoing certificate, and duly acknowledged to me that they made, signed, and executed the same for the purposes therein set forth. (Signature of notary.) 504 clerk's assistant. No. 58. Certificate of Trustees of Iiutheran Church Changing System of Elect- ing Trustees. (Id., § 66.) We, the undersigned, A. B., C. D., and E. F., a majority of the trustees of (corporate name), do certify as follows: First. That a meeting of such corporation was held on the day of , 19 . . ., at o'clock in the noon. Second. That at such meeting it was determined, in pursuance of section 66 of the Religious Corporations Law, by a majority of the members of such corporation present and voting on such proposition, that thereafter the min- ister (or, ministers), elders, and deacons thereof shall constitute the trustees thti-eof. Third. That the names and official designations of the minister {or, minis- ters), and of the elders and deacons of such church are as follows: Names. Official designation. In witness whereof, we have made, signed, acknowledged, and flled this cer- tificate, this day of , 19 . . . ( Signatures of a majority of the trustees. ) STATE OF NEW YORK, ) ' > ss. : County of , I On this day of , 19 ... , before me personally came ( names of subscribers), personally known to me to be the persons described in, and who made and signed the foregoing certificate, and severally acknowledged to me that they made, signed, acknowledged, and executed the same for the purposes therein set forth. (Signature of notary.) No. 59. Certificate Changing System of Choosing Trustees of Beformed Church. (Id., § 64.) We, the undersigned, A. B., C. D., and B. F., a majority of the trustees of (corporate name), do certify as follows: First. That a meeting of the trustees of .such corporation was held on the day of , 19 . . . , at o'clock in the noon ; and a quorum of the trustees of such corporation was present thereat. Second. That at such meeting the trustees of such corporation determined, in pursuance of section 64 of the Religious Corporations Law, that thereafter the trustees of such corporation should be elected in pursuance of article V of the Religious Corporations Law, and that the number thereof should be (state number, three, six, or nine). COEPOEATIONS. 505 Third. That at such meeting of the trustees of such corporation the date of the annual corporate meeting of such church was fixed for (state the day of the month determined upon ) . In witness whereof, we have made, signed, acknowledged, and filed this cer- tificate, this day of , 19 . . . (Signatures of a majority of the trustees.) STATE OF NEW YORK, , ^^ . t^ County of On this day of , 19. . ., before me personally came A. B., C. D., and E. F., trustees of (corporate name), personally known to me to be the persons described in, and who made and signed the foregoing certificate, and duly acknowledged to me that they made, signed, and executed the same for the purposes therein set forth. (Signature of notary.) No. 60. Removal of Human Bemains. (H., § 8.) We, the undersigned, a majority of (corporate name), a religious corpora- tion organized by {or, under) chapter of the Laws of 18. . ., hereby determine to remove the human remains buried in (describe cemetery), a cemetery owned by such corporation, to (describe cemetery), another ceme- tery owned by such corporation, in pursuance of section 8 of the Religious Corporations Law. Dated, (Majority of the trustees.) STATE OF NEW YORK, i ^^ . County of , ) On this day of , 19. . ., before me personally came (names of trustees subscribing determination), to me personally known to be the per- sons who made and signed the foregoing determination, and severally acknowl- edged to me that they made, signed, and exeodted the same for the purposes therein set forth. (Signature of notary.) We, the undersigned, being three-fourths of the members of (corporate name), qualified to vote at its corporate meetings, hereby consent to the re- moval of the human remains buried in (describe cemetery), to (describe ceme- tery), in accordance with the foregoing determination of the trustees of such corporation. Dated, (Signatures of three-fourths of members of the corporation.) 5Q6 cleek's assistant. STATE OF NEW YORK, ) ^^ . County of , > On this day of , 19. . ., before me personally came (state names of members subscribing certificate), to me personally known to be the persons who made and signed the foregoing certificate of approval, and sev- erally duly acknowledged to me that they made, signed, and executed the same for the purposes therein set forth. (Signature of notary.) (Or if such consent is not given, a special meeting of the corporation should be called, and the minutes thereof attached to such determination and filed therewith in the county clerk's ofiSce.) Minutes of Special Meeting. We, the undersigned, A. B., chairman, and C. D., secretary, of a special meeting of all the members of (corporate name), held on the day of , 19 ... , at o'clock in the noon, for the purpose of considering the determination of the trustees of such corporation to remove the human remains buried in (describe cemetery) to (describe cemetery), do certify as follows: Tliat the meeting was duly organized by the election of A. B., as chairman, and C. D., as secretary thereof, respectively. ( If such religious corporation is an incorporated church, a statement should be here made that proof of the publication of the notice of such meeting had been made for four weeks, was read by the chairman.) Thereupon the following resolution was offered: "Resolved, That the trustees of (corporate name) are hereby authorized to cause the human remains buried in (describe cemetery) to be removed to (describe cemetery), in accordance with their determination, made on the day of , 19 . . ., in pursuance of section 8 of the Religious Corporations Law." That the whole number of votes cast upon such resolution was (state num- ber), of which (state number) votes were cast in favor thereof, being three- fourths of all the votes cast by the members of such corporation present at such meeting and voting thereon. Thereupon such resolution was declared duly adopted in accordance with section 8 of the Religious Corporations Law, and the meeting adjourned. In witness whereof, we have executed, acknowledged, and verified this cer- tificate, this day of , li. . . A. B.. Chairman. C. D., Secretary. STATE OP NEW YORK, ) „. . County of , ) On this day of , 19. . . , before me personally came A. B. and C. D., to me personally known to be the persons who made and signed the COBPOEATIONS. 507 ioregoing certificate, and severally acknowledged to me that they made, signed, and executed the same for the purposes therein set forth. (Signature of notary.) STATE OP NEW YORK, ) County of , ) A. B. and C. D., being duly sworn by me, each deposes and says, that he has read the foregoing certificate, subscribed by him, and knows the contents thereof, and that the same is true and correct of his own knowledge. Severally sworn to before me, this ) A. B., Chairman, day of , 19 . . . J CD., Secretary. (Signature of notary.) Notice of Meeting for Church. Notice is hereby given that a special meeting of (corporate name) will be held at , on the day of , 19 ... , for the purpose of considering the determination of the board of trustees of such incorporated church to remove the human remains buried in (describe cemetery) to (de- scribe cemetery), in accordance with section 8 of the Religious Corporations Law. Dated, (Majority of the trustees.) STATE OF NEW YORK, ) ^^ . County of , ) K. ¥., being duly sworn, deposes and says, that the annexed printed notice was published in the (name newspaper), a newspaper of the city (village, or, town in which the cemetery from which the removal is proposed to be made, is situated) once each week for four successive weeks, the first publication thereof being made on the day of , 19 . . . That the deponent is, and has been, since the day of , 19..., the publisher (or, printer) of such newspaper {or, the foreman, or, prineipal clerk of the publisher ) . B. F. Subscribed and sworn to before me, this ) day of , 19. .. ( (Signature of notary.) (Papers shall all be filed with the determination of the trustees in the county clerk's office of the county in which a part of the cemetery from which the removal is proposed to be made is situated, and the approval of three- fourths of the members of the corporation by written consent should also be recorded.) 508 clerk's assistant. No. 61. Petition for the Sale, Mortgage, or Lease of Beal Property. (Id., § 11.) SUPREME COURT — County op In the Matter of the Application of (corporate name) to Sell (Mort- gage, or, Lease) a Portion of its Real Property. 1 J To the Supreme Court of the State of New York (or. County Court of ): The petition of (corporate name) respectfully shows: First. That the name of such corporation is (state name), and the names of its trustees and of its principal officers, and their places of residence are as follows: (State them). Second. That such corporation was formed by (or, under) chap- ter of the Laws of 18. . ., for the purpose of (state purpose). Third. That as such corporation it is the owner of the following described real property: (Describe same by metes and bounds, with reasonable certainty). Fourth. That the interests of the corporation will be promoted by the sale (mortgage, or, lease) of such real property for the following reasons: (State reasons ) . Fifth. That at a regular stated meeting of the trustees of such corporation, held on the day of , 19. . ., such sale (mortgage, or, lease) was authorized by the concurring vote of more than two-thirds of the trustees of such corporation, as more fully appears by the copy of such resolution hereunto annexed, and made a part of this petition. (If an Episcopal church, the petition shall also state that the rector of such church was present at the meeting.) Sixth. That the market value of the remaining real property of such cor- poration, upon which there is no incumbrance, is ( state value ) ; that the cash value of its personal assets is ( state value ) , and the total amount of its debts and liabilities is (state amount), secured as follows: (State security). Seventh. The moneys realized from the sale (mortgage, or lease) of such real property is to be applied to (state application proposed). Wherefore, your petitioner asks that an order of this court be entered, giv- ing it leave to sell (mortgage, or, lease) the real property above described, upon the terms aforesaid, and that the moneys realized from such mortgage be applied as above specified. Dated, (Signatures of two-thirds of the trustees.) COBPOEATIONS. 509 STATE OF NEW YORK, l County of , S**" (State names of trustees petitioning), being duly and severally sworn, each deposes and says, that he has read the foregoing petition, subscribed by him, ;ind knows the contents thereof, and that the same is true and correct of his own knowledge. (Signatures of two-thirds of the trustees.) Severally sworn to before me, this i day of ,19... \ (Signature of notary.) (If the petition is made by the trustees of a Roman Catholic church, it should have indorsed thereon the consent of the archbishop, or bishop, of the diocese to which such church belongs, or in case of their absence or inability to act, by the vicar-general or administrator of the diocese.) Order. At a Special Term of the Supreme Court, held at , on the day of ,19... Present. — Hon. (state name of justice). In the Matter of the Application of (corporate name) to Sell (Mort- gage, or, Lease) a Portion of its Real Property. Petition having been made to me by (corporate name), a corporation or- ganized by {or, under) chapter of the Laws of 18. . ., for leave to sell (mortgage, or, lease) a portion of its real property, in pursuance of section 11 of the Religious Corporations Law, and title 2 of chapter 23 of the Code of Civil Procedure, now, on motion of , attorney for the petitioner. Ordered, That the trustees of such corporation are hereby authorized to sell ( mortgage, or, lease ) such real property for the sum of ( state sum ) , and to execute and deliver to , a deed (mortgage, or, lease), in the usual form; such real property is described in said petition as follows: (Descrip- tion). It is further ordered, That the proceeds of such sale (mortgage, or, lease) be applied by said trustees as follows: (State application to be made of the funds ) . Dated, A. B., Justice of the Supreme Court. Certificate of Authority. I, A. B., secretary of (corporate name), do hereby certify that a regular meeting of the trustees of such corporation was held on the day of 510 clekk's assistant. , 19 ... , at which the following resolution was adopted by the concurring votes of two- thirds of the trustees of such corporation: "Resolved, That the trustees of (corporate name) be hereby authorized to apply to the court, in pursuance of section 11 of the Beligious Corporations Law, for leave to sell (mortgage, or, lease) the real property of the corpora- tion, described as follows: (Description). A. B., Secretary. Subscribed and sworn to before me, this day of , 19 . . . (Signature of notary.) Note. — On entry of the order, the sale, mortgage, or lease may be effected. No. 62. Certificate Correcting Error in ConTeyances. (Id., § 10.) I, A. B., secretary of (corporate name), a religious corporation, organiEed by {or, under) chapter of the Laws of 18. . ., to which a conveyance of real property has been made (or, an instrument, intended to operate as a conveyance of real property, has been executed), in which its corporate name is not stated [or, is not clearly stated), but which indicates the intention of the grantor therein to convey such property to such corporation, and such corporation has entered into possession and occupancy thereof, do hereby certify as follows: First. That on the day of , 19. . ., a conveyance of real jiroperty was made to such corporation {or, an instrument was executed intending to operate as a conveyance of real property), which conveyance {or, instrument) was recorded on the day of , 19..., in the office of the county clerk of the county of , in liber of Deeds (or, other book of record) at page Second. The name of the grantor in such conveyance {or, instrument en- titled to operate as a conveyance) was Third. The property conveyed, or intended to be conveyed, thereby is bounded and described as follows: (Describe property). Fourth. The name of the grantee, as expressed in such conveyance {or, in- strument), was (or, if no name was expressed, so state). Fifth. The correct name of the corporation to which such conveyance was made {or, was intended to be made) is (corporate name). Sixth. That I believe that the grantors in such conveyance {or, instrument) intended thereby to convey such property to such corporation, and my reasons for such belief are as follows: (State reasons). Seventh. That I, as secretary of the corporation, was duly authorized by the trustees thereof to make and file this statement, in pursuance of section 10 of the Religious Corporations Law. Dated, A. B., Secretary of (corporate name). COEPOEATIONS. 511 STATE OF NEW YORK, ) ^^ . County of , ) On this day of , 19 ... , before me personally came A. B., secretary of (corporate name), to me personally known to be the person who made and signed .the foregoing certificate, and duly acknowledged to me that be made, signed, and executed the same for the purposes therein set forth. (Signature of notary.) STATE OF NEW YORK, I ^^ . County of , ) A. B., being duly severally sworn, deposes and says, that he is the secretary of (corporate name) ; that he has read the foregoing certificate, so subscribed by him, and knows the contents thereof, and that the same is true of his own knowledge, except as to those matters therein stated upon information and belief, and that as to those matters he believes it to be true. A. B., Secretary. Sworn to before me, this ) day of , 19.. . ) ( Signature of notary. ) Note. — The certificate should be filed and recorded in the office where the conveyance or instrument is filed or recorded. No. 63. Judicial Investigation of Amount of Property of Beligious Corporation. (Id., § 13.) SUPREME COURT — County of Albany. In the Matter of the Investigation of Amount of Property of (cor- porate name ) . r J Your applicant respectfully shows to this court (on information and be- lief) : First. That (corporate name) is a religious corporation, incorporated by (or. under) chapter of the Laws of 18. . . Second. That in pursuance of the law by (or, under) which such corpora- tion is incorporated, or to the provisions of which it is subject, such corpo- ration is entitled to hold property, the value of which does not exceed dollars. Third. That the value of the property now held by such corporation is dollars. Fourth. That the value of such property is in excess of the amount which such corporation is entitled to hold, in pursuance of law. 512 cleek's assistant. Wherefore, your applicant requests, that an order be granted in pursuance of section 13 of the Religious Corporations Law, requiring such corporation to make and file an inventory of the amount of its property, and that a referee be appointed to take and state the amount of such property, and that a final order be granted by this court determining the amount of property held by such corporation, and the annual income thereof. Dated, , Attorney-General of the State of New York. STATE OF NEW YORK, ( ^^ . County of , ) , attorney-general of the State of New York, being duly sworn, deposes and says, that he has read the foregoing application, subscribed by him, and knows the contents thereof, and that the same is true and correct of his own knowledge ( or, that the same is true and correct, as he is informed and verily believes.) Attorney-General of the State of New York. Subscribed and sworn to before me, this i day of , 19 . . . ) (Signature of notary.) Notice of Application. At a Special Term of the Supreme Court, held at , on the day of , 19. . . Present — Hon. (name of justice). In the Matter of the Investigation | of the Amount of Property of f- ( corporate name ) . j J Upon reading and filing the application of , cttorney-general of the State of New York, in the above-entitled proceeding, dated , 19..., praying for an order, in pursuance of section 13 of the Religious Corporations Law, requiring (corporate name) to make and file an inventory and account of its property, on motion of , attorney-general of the State of New York, Ordered, That the trustees of such corporation be required to show cause before me at , on the day of , 19 ... , why they should not make and file such an inventory and account. It is hereby further ordered. That a copy of such application and of this order be served upon the trustees of such corporation, personally, on or be- fore the day of , 19 . . . (Signature of justice of the Supreme Court.) (Proof of service of the application and notice should be presented to the court. ) COEPOBATIONS. 513 At a Special Term of the Supreme Court, held at , on the day of ,19... Present — Hon. (name of justice). In the Matter of the Investigation of the Amount of Property of }■ (corporate name). | J Applioation having been made to this court by the attorney-general of the State of New York, in pursuance of section 13 of the Religious Corporations Law, for an order requiring (corporate name) to make and file an inventory and account of its property; and proof having been made to me of the per- sonal service of such application, together with a notice of the time and place of presentation thereof, on the trustees of (corporate name), at least eight days prior thereto, and having heard in favor of such application, and in opposition thereto, and no good cause being shown why such corporation should not be required to make and file such inventory and account. Ordered, That A. B., of , be appointed referee herein, and he is hereby directed to make and file with this court an inventory and account of the corporate property of such corporation, in pursuance of section 13 of the Religious Corporations Law, and report to this court on or before the day of , 19. . . (Signature of justice of the Supreme Court.) (When such referee's report has been made, either party may give notice of an application to the court for confirmation of the report of the referee, and for an order finally determining the amount of property held by such corporation. ) Final Order. At a Special Term of the Supreme Court, held at , on the day of , 19. . . Present — Hon. (name of justice). In the Matter of the Investigation of the Amount of Property of (corporate name). Application having been presented to this court by , attorney- general of the State of New York, for an order requiring ( corporate name ) to make and file an inventory and amount of property of such corporation, in pursuance of section 13 of the Religious Corporations Law, and A. B., having 33 514 been appointed referee to take and state the amount of such property, by an order of this court, dated ; and such referee having made and filed with this court an inventory and account of the property of such corpo- ration, now, on application of , and having heard in relation thereto. It is ordered and determined, That the amount of pi-operty now held by such corporation is (state value), the annual income from which is (state income). Dated, (Signature of justice of the Supreme Court.) Miscellaneous Forms. No. 64. Form of By-Iiaws. Bt-Laws op the Company, Adopted at a Meeting of the Stock- H0I.DERS ThEBEOP AT , ON THE DAY OP ., 19... Article I. The annual meeting of the stockholders of this corporation shall be held at the offices of the company in the city of , N. Y., on the second Wednesday of , in each year, at ten o'clock in the forenoon ; at which meeting, the annual election of directors of the company shall be held, and such other business shall be transacted as may lawfully come before the meeting. Written or printed notices of each annual meeting shall be mailed, postage prepaid, to each stockholder, whose name appears on the stock-book of the corporation, directed to him at the address which appears in said stock-book, at least ten days prior to such meeting; and a certificate of the giving of such notice shall be entered by the secretary upon the rec- ords of the meeting. Article II. A special meeting of the stockholders may be called at any time by the board of directors, and it shall be the duty of the directors to call a special meeting of the stockholders whenever requested so to do by stock- holders owning not less than ten per cent, of the issued stock, such request to be in writing, and to be signed by the stockholders making It. Notices of such special meeting shall be given at least five days prior thereto, in the same manner as prescribed for the giving of notice of annual meetings of stockholders. A notice for a special meeting shall state the purpose or pur- poses for which the meeting is called, and no business, except that stated in the notice, shall be transacted thereat. Article III. No stockholder shall be allowed to vote in person, or by proxy, at any meeting of stockholders, unless his or her name has appeared upon the transfer-books of the company, as a stockholder, for ten days immediately preceding such meeting. Article IV. In the absence of a quorum at the annual meeting of stock- holders, those present may adjourn the meeting, from time to time, until » COKPORATIONS. 515 quorum is secured ; and if, for any other reason than the absence of a quorum, the annual meeting of stockholders is not held at the time prescribed in article I of these by-laws, such annual meeting may be held at any time, upon a notice of five days, given to all the stockholders, in the manner pre- scribed for giving notice of the annual meeting. Article V. Stockholders, holding a, majority of the capital stock nf the company, appearing in person or by proxy, shall constitute a quorum at stock- holders' meetings. Each stockholder shall be entitled to as many votes as he holds shares of stock, upon which all calls or assessments have been fully paid. Representation by proxy, duly appointed in writing, shall be allowed, provided such proxy is filed with the secretary, at or prior to the meeting; and such proxy shall be good only for the meeting at which it is presented, unless the proxy itself provides otherwise, in which case the terms thereof shall prevail as to its duration. The president, or, in the case of his ab- sence or incapacity, the vice-president, shall preside at all meetings of stock- holders of the company, or, in the absence or disability of both the presi- dent and vice-president, the meeting shall choose its own presiding officer; and the secretary of the corporation, or, in his absence, a secretary pro tern. to be chosen by the meeting, shall record all proceedings of such meeting. All questions arising at stockholders' meetings shall be decided by a viva voce vote, except the election of directors; provided, that any stockholder may de- mand a stock vote on any question, • and all questions where a stock vote is taken, shall be determined by a majority in interest of the stock present; di- rectors shall, in all cases, be elected by a stock vote. Article VI. At the annual meeting of stockholders, the following shall be the order of business, viz.: 1. Calling the roll. 2. Proof of proper notice of meeting. 3. Eeport of president. 4. Report of treasurer. 5. Report of secretary. 6. Reports of committees : standing ; special, by seniority. 7. Report of auditor. 8. Election of directors. 9. Miscellaneous business. Article VII. The board of directors shall consist of five members, each of whom shall be a holder of at least one share of the stock of the corpo- ration, recorded in his own name. A vacancy in the board may be filled, for the balance of the term, by a majority vote of the remaining members of the board. Article VIII. The officers of the company shall be a president, a vice- president, a secretary, and a, treasurer, who shall be elected or appointed by the board of directors as soon after the annual meeting of stockholders as practicable, and they shall hold their offices for one year and until their 516 cleek's assistant. successors are chosen and shall have duly qualified. Vacancies may be filled at any regular or special meeting of the board of directors. Article IX. The president shall have general executive management of the corporation, and it shall be his duty to preside at all meetings of the stock- holders and of the board of directors. He shall execute and acknowledge all written instruments, conveying or affecting any real estate or other property of the company. He shall also sign all contracts which are made by the corporation and reduced to writing, and all bonds, promissory notes, and other obligations of the corporation. He shall present, at each annual meeting of the stockholders, detailed reports of the transactions of the board of di- rectors, and of the condition of the affairs of the company at a period not more than thirty days prior to such annual meeting. Article X. The secretary shall record the proceedings of the meetings of the stockholders and directors, and shall keep such records in a book provided for that purpose. He shall attest all instruments in writing, conveying any real estate, or other property, of the company, and all certificates of stock issued by the company, and affix the corporate seal thereto, and shall attest all other sealed instruments of the company; also all bonds, promissory notes, and other obligations of the corporation. He shall be the custodian of the corporate seal. Article XI. The treasurer shall give bond for the faithful performance of the duties of his office in such sum as the board of directors may require. He shall receive, and safely keep, all of the income and moneys of the corpo- ration, and dispose of the same, as directed by the board of directors, and shall keep full and accurate books of account of all business of the company, which books shall, at all times, be accessible to any member of the board of directors. He shall be the custodian of all books, notes, and papers of the company, and shall make a complete settlement of his accounts annually, prior to the meeting of the stockholders, and as much oftener as may be required by the board of directors. Article XII. The board of directors may appoint and fix the compensation of all agents and employees of the company, and may make and adopt such rules not inconsistent with the laws of the State of New York, the charter of this corporation, or these by-laws, as it may deem necessary for the government of the board, or for the guidance of the officers in the manage- ment of the affairs of the corporation. They shall have power to declare dividends out of the surplus profits whenever they shall deem it expedient. Article XIII. The books and affairs of the company shall be examined at least once in each year by an auditor or auditors, and such auditor or auditors shall make his or their report at the annual meeting of the stock- holders, which report shall contain a statement of the assets and liabilities of the corporation, together with » statement of the business transacted by the corporation during the last year. No stockholder or officer, or any per- son interested in any transaction of the corporation, shall be eligible as an auditor. The auditor or auditors, for the first year, shall be appointed by the COBPOBATIONS. 517 board of directors, and subsequent auditors shall be appointed by the stock- holders at the annual meeting, and the compensation of the auditor or auditors shall be fixed by the stockholders at the annual meeting. Article XIV. These by-laws may be amended at the annual meeting of the stockholders, or at any special meeting thereof, where the notice for any such meeting specified that such amendments would be proposed; but, in either case, a two-thirds vote of all the shares represented at such meeting, shall be necessary to pass such amendment. No. 65. Certificate of Inspectors of Election. STATE OF NEW YORK, ) ^^ County of , ) We, the inspectors of election of , duly appointed to act at the annual meeting of the stockholders of such corporation, do hereby certify as follows, to- wit: Such meeting was held at the office of the company on the day of , 19 ... , at .... o'clock, in the noon of that day. Before entering upon the discharge of our duties, we subscribed and took the required oath, which is hereto annexed, marked " Ex. A," and hereby made a part of this certificate. At such meeting, the election of .... directors, to manage the aflFairs for the ensuing year, was held. It was found, upon a canvass of the votes cast at such election, that .... votes, representing .... shares of the capital stock, had been cast, as follows : For , of , votes. ., of ., of ., of ., of Whereupon the said , , , , and , were declared by us duly elected directors of such corporation for the ensuing year. In witness whereof, we have signed and acknowledged this certificate, this day of , 19. . . (Jurat.) Inspectors. (Acknowledgment clause, as in No. 1.) 518 clerk's assistant. No. 66. Oath of Inspectors of Election. (Stock Corp. L., § 28.) STATE OF NEW YORK, ) „ . Couijty of , ) , and , and , the inspectors duly appointed to act as such, at the election of directors at the annual meeting of the stock- holders of , being severally duly sworn, does each for himself say, that he will faithfully execute the duties of inspector at such meeting with strict impartiality, and according to the best of his ability. (Jurat.) No. 67. Annual Beport. (Stock Corp. L., § 30.) STATE OF NEW YORK, ) Albany City and County, ) Tlie Jones Manufacturing Company, of Albany, N. Y., hereby makea its an- nual report as of the 1st day of January, 19 . . . The capital stock of said company is $ , all of which is issued ( if not all issued, state the proportion actually issued). The debts of said corporation amount to dollars (or the debts of said corporation do not exceed dollars) . The assets of said corporation equal at least the sum of dollars. In witness whereof, we, a majority of the directors of said corporation, have made and signed this report, the day of , 19 . . . Richard Roe, John Doe, Thomas Roe, Majority of Directors. STATE OF NEW YORK, ) ^^ . County of , ) John Jones and Richard Roe, being duly and severally sworn, each for him- self, deposes and says, that said John Jones is the president, and said Richard Roe, the treasurer of the Jones Manufacturing Company, the corporation which makes the foregoing report; that they have read the foregoing report and know the contents thereof, and that the same is true to their own knowl- edge, except as to the matters therein stated to be alleged on information and belief, and as to those matters, they believe it to be true. John Jones. Sworn to before me, this I Eichabd Rob. day of January, 19 . . . ' Sabah Doe, Notary Puhlic, Albany County. COEPOEATIONS. 5l9 No. 68. Form of Certificate of Stock. (See Stock Corp L., § 40.) No No. of shares, Par value of each, $ The Company This is to certify that is the owner of shares of the cap- ital stock of the company, transferable only on the books of the company by the holder thereof, in person or by attorney, on the surrender of this certificate. In witness whereof, the said company has caused its corporate seal to be affixed hereto, and this certificate to be signed by its president and treasurer. , N. Y., ,19... , President. , Treasurer. On back of the certificate, a blank transfer, in following form, should be printed. For value received, hereby sell, assign, and transfer unto , shares of the within-mentioned stock, and do hereby con- stitute and appoint , attorney to transfer the same on the books of the company. Witness my hand and seal, this day of , 19. . . Witness: (seaIj.) No. 69. Certificate as to Payment of Capital Stock. (Stock Corp. L., i 54.) STATE OF NEW YORK, ) ^^ . County of , ) We, the president and a majority of the directors of the Jones Manufactur- ing Company, a corporation duly organized under the " Business Corporations Law," of New York, and located and doing business at Albany, N. Y., hereby certify, that the whole amount of capital stock of said corporation has been paid in (or that one-half of the capital stock of the said corporation was paid in on the day of , 19 . . . ) . Dated, Albany, , 19 . . . John Jones, President. Richard Roe, John Doe, Thomas Roe, Directors. STATE OF NEW YORK, ) ^^ . County of , ) John Jones, Richard Roe, John Doe, and Thomas Roe, being severally duly sworn, does each for himself say, that the said John Jones is the president of 520 cleek's assistant. the Jones Manufacturing Company, and the said Richard Roe, John Doe, and Thomas Roe, are directors of said company, and a majority thereof; that they have severally read the foregoing certificate, subscribed by them, and know the contents thereof, and that the same is true. (Jurat.) (Add acknowledgment clause, as in Form No. 1.) No. 70. Certificate as to Payment in of Amount with which the Corporation is to Begin Business. (Bus. Corp. L., § 3.) STATE OF NEW YORK, ) Albany City and County, S **' ' John Jones, Richard Roe, and John Doe, being duly and severally sworn, each for himself, says, that he is a director of the Jones Manufacturing Com- pany, and one of those named in the annexed certificate of incorporation ; that the sum of $ , the amount of capital specified in the certificate as to amount of capital with which it will begin business, has been paid in, in money ( or, property ) . John Jones. Sworn to before me, this ) Hichard Rob, day of May, 19... ) John Doe. Sarah Doe, Notary PubUo, Albany County, Albany, N. Y. No. 71. Proxy. 17 (Gen. Corp. L., § 21.) The undersigned, , stockholder i No. 2. General Form of Besolution of Supervisors. (County L., § 17.) A resolution to (concisely express its contents) passed in pursuance of the- provisions of chapter of Laws of 18 ... , and the several amendments thereto, by a vote of for, and against its passage ; ( if the assent of any supervisor is required, then state ) , and assented to by the supervisor of the town of Such resolution was adopted at a meeting of the board of supervisors of the county of , held at , in the city of , on the day of , 19 . . . Resolved ( state resolution ) . Vote: Certified: Ayes, No A. B., Chairmcm. Noes, No CD., Clerk. No. 3. ITotlce to Secretary of State of Designation of Official Paper. (County L., § 19, as am'd by L. 1900, c. 400.) To the Honorable , Secretary of State : Notice is hereby given, in pursuance of section 19 of the County Law, that the (state name of paper) , published at , has been designated pursuant to law by a majority of the members representing the party, and the (state name of paper) , published at , has been designated in pursuance of law by a majority of tlie members representing the party, in the board of supervisors of the county of , as the newspapers to publish the session laws and ' nncurrent resolutions required by law to be published in such county. Dated this day of , 19 . . . C. D., Clerk of the Board of Supervisors of the County of 538 clekk's assistant. No. 4. Form of Account against County. (County L., § 24.) The County of in Account mth E. F., Dr. Date. Nature of Account. Amount. Dated this day of , 19. . . STATE OF NEW YORK, County of , Town of , E. F., being duly sworn, says that the items of the foregoing account are correct; that the disbursements and services charged therein have been in fact made or rendered {or, are necessary to be made or rendered at that session of the board), and that no part of the amount claimed has been paid or satisfied. E. F. Subscribed and sworn to before me, this ) day of ,19... ' , Justice of the Peace. ( If the board has made additional requirements, under section 25 of this law, as to the form of official accounts, they must be complied with in drafting the account. ) No. 5. Subpoena by Board of Supervisors. (County L., § 27.) The People of the State of New York to E. F. : We, the supervisors of the county of , command you, that (all and singular business and excuses being laid aside ) , you attend before said board, at the rooms of said board, in the of the city -of , on the day of , 19. . ., at o'clock in the noon, to testify touching ( state matter ) , and that you produce on such examination all books, papers, and documents in your possession or under your contral, relating to (state matter) (or, if any particular book or document is required, so specify ) , and for a failure to attend and produce ^uch books, papers, and documents you will be deemed guilty of contempt and ■will be proceeded against in the manner provided by the Code of Civil Pro- cedure. Dated this day of , 19 . . . A. B., Chairman. COUNTY LAWS. 539 No. 6. Subpoena by Committee. (County L., § 28.) The preceding form may be readily adapted for use under this section. No. 7. Affidavit to be Presented to a Court, where Witness has Failed to Attend after being Duly Subpoenaed by the Board. (County L., § 29.) STATE OF NEW YORK, County of , City of , A. B., being duly sworn, says, that he is the chairman of the board of super- visors of the county of ; that on the day of , 19. . ., a subpoena was duly issued by said board, commanding E. F. to attend before said board at , on the day of , 19 ... , at o'clock in the noon, to testify touching (state matter) , and to produce (state book, paper, or document) ; that such subpoena was duly served as appears from the affidavit of G. H., hereto annexed; and that the said E. F. neglected or refused to attend before said board as commanded by said subpoena {or, neglected, or, refused to produce such book, paper, or docu- ment). A. B. Subscribed and sworn to before me, this ] day of , 19. , Notary Public. 'I No. 8. Affidavit of Service of Subpoena. (County L., § 29.) STATE OF NEW YORK, ) County of , j G. H., being duly sworn, says, that on the day of , 18 ... , at , he served the within subpoena personally upon E. F., the person therein named as a witness, by then and there exhibiting to him such original subpoena, and delivering to him a copy thereof. G. H. Subscribed and sworn to before me, this I day of ,19... ) , Justice of the Peace. 540 clebk's assistant. No. 9. Warrant for Arrest of Delinquent Witness. (County L., § 29.) The People of the State of New York to the Sheriff of the County of ; You are hereby commanded to apprehend E. F. and bring him before me ( or, before our Supreme Court at a Special Term thereof, or, before the County Court), on the day of , 19. . . , at o'clock in the noon of that day, to answer touching a contempt alleged to have been committed by him against the board of supervisors of the county of And have you then and there this writ and make and return a certificate under your hand of the manner in which you shall have executed the same. Witness, Hon , justice of the Supreme Court, at the , in , this day of , 1!) . . (SEAL.) , Glerk. (If issued by a judge only, date and sign merely.) No. 10. Undertaking upon Arrsst. (County L., § 29.) Whereas, has been arrested upon a warrant issued by the Hon.. , judge of the county of {or, justice of the Supreme Court), for failure to attend and testify before the board of supervisors of the county of (or, to produce a book, paper, or document) ; now, therefore. We, the said , as principal, and and , as. sureties, do hereby jointly and severally undertake, by and with the county of , that the said will appear and submit to an exami- nation before such board ( or, committee ) , at , on the day of , 19 ... , at o'clock in the forenoon, or pay to the treasurer of such county such sum of money as such judge {or, justice) may- direct. Dated this day of , 19 . . . STATE OP NEW YORK,! ^ . County of , ) Before me, the subscriber, personally appeared, , , an^' , personally known by me to be the persons described in and who executed the foregoing undertaking and severally acknowledged that they executed the same. Dated this day of , 19 . . . , Jfotary Public^ COtTNTY LAWS. 541 Affidavit of Justification. STATE OF NEW YORK, 1 ^ . (jounty of , j and , the sureties named in the foregoing under- taking, being duly and severally sworn, each for himself says, that he is a resident of and a freeholder (or, householder), within the State, and is worth the sum of dollars, over and above his debts and liabilities, and exclusive of property exempt by law from levy and sale under an execution. Subscribed and sworn to before me, this) day of , 19 . . . ( , Notary Public. Approval. ig and the suffici County Judge. I hereby approve the foregoing undertaking and the sufficiency of the sure- ties therein named. No. 11. Petition for Change of Location of County Building's. (County L., § 31.) To the Board of Supervisors of the County of We, the undersigned, freeholders of the county of , hereby petition in pursuance of section 31 of the County Law, that the site of the (describe building or office) now located in the city of , be changed to a new site in the city of (describe particularly the place at or near which it is proposed to locate such new buildings or office). Dated this day of , 19 . . . A. B., C. D., etc (At least twenty-five freeholders of the county must sign such petition.) (By the amendment contained in L. 1899, c. 133, it is not necessary to pre- .«ent this petition for the purpose of changing the location of an almshouse.) No. 12. Proof of Publication to be Presented with Petition. (County L., § 32.) (Attach copy of petition and notice published.) STATE OF NEW YORK, ) yss.: County of , j S. D., being duly sworn, says, that he is the (owner, editor, or foreman) of the (insert name of paper) a (daily or weekly) newspaper published in the village [or, city) of , and that the petition and notice, of which the 542 cleek's assistant. foregoing are true copies, were duly published in such newspaper once in each week for the six consecutive weeks immediately preceding the date thereof;. beginning on the day of , 19 . . . S. D. Subscribed and sworn to before me, this 1 day of ,19... ) C. D., Nota/ry Public. No. 13. Proof of Publication and Notice of Submission. County L., § 32.) (See form No. 12.) No. 14. ITotice to be Published with Foregoing Petition. (County L., § 31.) Notice is hereby given, that a petition, of which the foregoing is a true copy, will be presented to the board of supervisors of the county of ,. at the next annual meeting thereof. Dated this day of , 19 . . . A. B., C. D., etc. No. 15. Porm of Besolution Submitting Proposition to Vote of Electors. (County L., § 32.) (For form of title of resolution, see Form No. 2.) Whereas, A petition has been presented to us in pursuance of section 31 of the County Law, to change the site of the (state building), now located in the city of , to a new site in the city of , being the vacant lot on the northwest corner of and streets in such city; and Whereas, Due proof has been made to us that such petition, with a notice of intention to present the same to the board of supervisors of the county of , at its next annual meeting, has been published as required by section 31 of the County Law. Resolved, That the (describe building or oflSce) be changed to the site described in such petition. Adopted : Certified : Ayes, , Chairman. Noes, , Clerk. COUNTY LAWS. 543 No. 16. Notice of Submission to Electors. (County L., § 32.) To the Electors of the County of : Take notieej that the foregoing resolution for the removal of the site of (describe building or office) will be submitted to the electors of the county of , at the ensuing general election. Dated this day of , 19 . . . , Chairman. , Clerk. No. 17. Application for Alteration or Erection of Town. (County L., § 34.) To the Board of Supervisors of the County of : We, the undersigned freeholders of the county of , hereby petition, in pursuance of section 34 of County Law, that the bounds of the town of be changed or altered as follows: (Describe survey or change ) ( or, that a new town be erected in such county, described as follows l [Description] . ) Dated this day of , 19 . . . A. B., residing in the town of C. D., residing in the town of (Signed by at least twelve freeholders of each town affected.) No. 18. Notice to be Published and Posted. (County L., § 34.) Notice is hereby given that a petition of which the foregoing is a true copy, will be presented to the board of supervisors of the county of , at the next annual meeting thereof. A. B., Dated the day of , 19 . . . CD., etc. (To be signed by the same freeholders, who signed the application.) (For proof of publication, see Form No. 12.) ^44 clerk's assistant. No. 19. Proof of Posting. STATE OF NEW YORK, , ^^ (County L., § 34.) County of , J N. H., being duly sworn, says, that he is a resident of the town of , and that he posted the foregoing notice in five conspicuous public places in the town of , on the day of , 19 ... , between the hours of and in the noon. N. H. Subscribed and sworn to before me, this \ day of , 19. . . ) , Notary Public. No. 20. Kotice of Application to Establish Town Lines. (County L., § 36.) To the Town Board of the Town of , in the County of : Take notice, that we intend to apply to the board of supervisors of the •county of , at a meeting of such board to be held at the in the city of , on the day of , 19 . . . , at o'clock, . . M., to establish and define the boundary line between the town of and the town of in said county, which line is now described as follows: (Particularly describe it.) The line as proposed to be acted upon by said board is defined in the following survey: (Insert survey of new line.) Dated this day of , 19 . . . . , Town Clerk. Justices of the Peace, Majority of Town Board of the Town of in said County. No. 21. Proof of Publication. (County L., § 36.) > Dated this day of , 19 . . . J Clerk of the Board of Supervisors of the County of No. 32. Application for a County Highway or Bridge. (County L., § 61.) To the Board of Supervisors of the County of We, the undersigned resident taxpayers of the county of , hereby make application, in pursuance of section 61 of the County Law, for the laying out {or, discontinuing) of a county highway, described as follows: (Insert a definite description of the proposed highway.) Dated this day of , 19 . . . The application must be signed by twenty-five resident taxpayers of the county. COUNTY LAWS. 551 No. 33. Notice of Foregoing Application. (County L., § 61.) To the Highway Commissioners of the several Towns in the County of Notice is hereby given that on the day of 19 ... , the ioregoing application for laying out (or, whatever the object may be) a county highway will be presented to the board of supervisors of the county of (if the application is to lay out a highway or construct a bridge, then specify the route or location thereof ; and in all other cases, a designation •of the highway to be aflfected thereby). A. B. C. D., etc. No. 34. Proof of Service of Foregoing ITotice. (County L., § 61.) STATE OF NEW YORK, ) > ss. . County of , ) , being duly sworn, says, that he is a resident of , N. Y., and that he served copies of the petition and notice annexed hereto, per- sonally, on each of the following commissioners of highways at the times and places opposite their names, respectively: , at , N. Y., , 19 . . . , at .... o'clock, in the noon. , at N. Y., , 19. . ., at .... o'clock, in the noon. ■Subscribed and sworn to before me, this i day of , 19. .. f , Notary Public. No. 35. Kesolution to Lay Out, Etc., a County Highway. (County L., § 61.) (For title to resolution, see Form No. 2.) Whereas, Application has been made for the laying out (altering or discon- tinuing) of a highway in said county; and Whereas, Satisfactory proof has been made to us of the service of a copy of such application, together with a notice of intention to make the same, upon a 'Commissioner of highways of each town in said county. 552 cleek's assistant. Resolved, That a highway of the width of be laid out in accord- ance with such application, the center of which is to commence at ,. and run thence (insert survey). Adopted : Certified : Ayes, .... , Chairman. Noes, .... , Clerk. No. 36. Apportionment of Expense of Bridge. (County L., § 65.) (For title of resolution, see Form No. 2.) Whereas, The public free bridge at is intersected by the boundary line of said county, and also by the boundary line between the towns of and in said county; now, therefore, in pursuance of section 65 of the County Law, Resolved, That the town of defray of the expenses of constructing, maintaining, and repairing such bridge, and that the town of defray of the expenses of constructing, maintaining,, and repairing such bridge, and that the town of receive the sum of $ , and the town of the sum of $ , of the money raised by said county to be paid toward defraying the expenses of con- structing and repairing such bridge. Adopted : Certified : Ayes, .... , Chairman. Noes, .... , Clerk. No. 37. Authorization to Construct Bridge Outside of Boundary Line. (County L., § 67.) (For title of resolution, see Form No. 2.) Whereas, A majority of the electors of the town of voting at a regular town meeting, held on the day of , 19. . ., determined to appropriate ( or, to pledge its credit for ) the sum of $ , to aid in the construction of {or, to construct) a bridge outside the boundaries of said town {or, county) at {or, from or within the boundary line of said town into the town of ) . Resolved, That such town be authorized to appropriate {or, to pledge its credit for) such sum, to aid in the construction of (or, to construct) such bridge. Adopted : Certified : Ayes, .... , Chmrrtum. Noes, .... , Clerk. COUNT V LAWS. 553 No. 38. Application for the Appropriation of Certain Nonresident Highway- Taxes. (County L., § 75.) To the Board of Supervisors of the County of : We, the undersigned, being the owners of a majority in value, as appears from the last annual assessment-roll, of the real estate lying along the line of the highway cx)mmeiicing at and running thence ( describe high- way), which highway is laid out through unimproved lands, but not provided for in the last preceding election, hereby apply. That the highway tax, assessed upon the lands lying along the line of such proposed highway, which are owned by nonresidents, be appropriated for the improvement thereof. Dated this day of , 19 , , etc. 654 oleek's assistant. :! =3 o o o P4 ^ (4 'snonofAnoo snojAejd JO -Oil paSjBqo -SIP AOH When dis- charged. •9?Bq8J IB33T •noijBjidxa 'eona^jnes JO OTJBl 9oa«j)ne J0»)Ba *P9))IU1U100 inoqAV ^a 'P8))iiniuoo •esuajBO ■em^ 'P9)S3JJB -^oidraa ■ aoi^BdnDDO JO 9PBJ1 ii '!;nOT)«l9J IBiboS •q?J!q JO aoBii ■joioo •X9S •9ST a jl = 8 o co^J■^•Tv LAWS. No. 40. Calendar for Criminal Courts. (County L., § 97.) 555 Names of prisoners. When committed. By what precept. Cause of detention. No. 41. Application to Fence Viewers to Inquire as to Killing of Sheep. (County L., § 118.) To and , Fence Viewers of the Tovni (Village, 62 clerk's assistant. Payments. Sums paid for clerical services to (A. B. ) . Sums paid for fuel to (B. C. ) Sums paid for lights to ( C. D. ) iSums paid for stationery to ( E. F. ) Sums paid for incidental expenses: To G. H. for ( ) To H. L. for { ) $1,216 00 118 00 40 00 320 00 68 00 34 00 $1,796 OC Balance $324 00- Dated this day of , 19 . . . ., County Clerk. STATE OF NEW YORK, i ^^ . County of , J , being duly sworn, deposes and says, that he is county clerk of the county of , and that the foregoing statement is true. Subscribed and sworn to before me, this ) day of , 19 . . . ) , Notary Public. No. 57. Undertaking of Sheriff. (County L., § 180.) Whereas, was duly elected ( or, appointed ) sheriff of the counter of , on the day of , 19 . . . ; now, therefore, we, the- said , as principal, and and , as sureties,. do hereby jointly and severally undertake to and with the county of • ,. in the sum of dollars, that the said will, in all things, perform and execute the office of sheriff of the county of , during his continuance therein, without fraud or deceit. (For acknowledgment, justification, and approval, see Form No. 43.) Said undertaking to be approved by the county clerk upon due examination of the sureties by him. COUNTY LAWS. No. 58. 563 ■Undertaking of District Attorney. (County L., § 200.) Whereas, was duly elected {or, appointed) district attorney of the county of , on the day of , 19 ... ; now, therefore, we, the said , as principal, and and , as sureties, do hereby jointly and severally undertake to and with the county of , that the said will faithfully ac- count for and pay over according to law, or as the court may direct, all moneys that may come into his hands as such district attorney. Dated this day of , 19. . . ( For acknowledgment, justification, and approval, see Form No. 43. ) The sureties to this undertaking must be resident freeholders, and the justification clause should be drawn to that eflfeot. No. .59. Beport of District Attorney. (County L., § 201.) , District Attorney, in Account with the County of Dr. Cb. $400 00 100 00 J300 00 By amount paid county treasurer. . 19 SIOOOQ Dated this day of , 19 . STATE OF NEW YORK, ., District Attorney. "."!' (jounty of , being duly sworn, deposes and says, that he is the district at- torney of the county of , and that the foregoing statement is a true account of all moneys received by him by virtue of his office during the year ending with the day of , 19. . . Subscribed and sworn to before me, this ) day of , 19 . . . i , Notary Public. 564 clerk's assistant. No. 60. trndertaking of Superintendent of Poor. (County L., § 211.) Whereas was duly elected (or, appointed) superintendent of the poor of the county of , on the day of , 19 ... ; now, therefore, we, the said , as principal, and and , as sureties, do hereby jointly and severally undertake, to and with the county of , that the said will faithfully dis- charge the duties of his office as such superintendent of the poor, and pay, according to law, all moneys that shall come into his hands as such super- intendent, and render a just and true account thereof to the board of super- visors of the county of Dated this day of , 19 . . . (For acknowledgment, justification, and approval, see Form No. 43.) No. 61. Undertaking of Surrogate. (County L., § 221.) Whereas, was duly elected {or, appointed) surrogate of the county of , on the day of , 19 . . . ; now, therefore, • we, the said , as principal, and and , as sureties, do hereby jointly and severally undertake to and with the county of , that the said will faithfully perform his duties as such surrogate, and apply and pay over all moneys and effects that may come into his hands as such surrogate in the execution of his office. Dated, this day of , 19 . . . (For acknowledgment, justification, and approval, see Form No. 43.) The sureties to this undertaking must be resident freeholders. The justi- fication clause should be drawn accordingly. COVENANTS. Bb'} CHAPTER XXIV. COVENANTS. A COVENANT, in its more general signification, means any kind of promise or contract, whether it be made in writing or by parol; in a more teckniual sense, a covenant is an agreement between two or more persons, entered into in writing and under seal, whereby either party stipulates for the truth of certain facts, or promises to perform or give something to the other, or to abstain from the performance of certain things. No particular form of words is necessary to create a covenant, and it must be construed by itself, and not controlled by a verbal agreement. Covenants are express or implied. An express covenant is one expressly agreed upon between the parties, and inserted in the contract or deed. An implied covenant is one in which the law implies and intends, though it be not expressed in so many words, as if a landlord lease a house or lands for a term of years, the law will imply a, covenant on the lessor's part that the lessee shall enjoy the same quietly against all incumbrances during the term. But, in New York, no covenant can be implied in any conveyance whether it contain special covenants or not. (Gen. L., c. 46, § 216.) A personal covenant relates only to matters personal, and is binding on the covenantor during his life, and on his personal representatives after his decease, so far as they have received assets of the covenantor. Real covenants are in deeds and mortgages, and are connected with lands, or other real property. They run with the land, they descend to the heir and are transferred to a purchaser. It has been held that covenants that the grantor is well seized; that he has a good right to convey, and that the premises are unincumbered, are personal covenants and can be enforced only by the grantee against the grantor; while covenants for warranty, for quiet enjoyment and future assurance, that neither the grantor nor his heirs shall make any claim to the land conveyed, by a tenant to repair, to pay rent, or that no building shall be erected upon land of the grantor beside the premises conveyed, have generally been held to be all the covenants running with the land which might be enforced by subsequent grantees of the land. But by a recent decision of the New York Court of Ap- peals it would seem that all such covenants run with the land and may bo en- forced by subsequent grantees. (Geiszler v. DeGraaf, 166 N. Y. 339.) If the grantor has no title, his covenant of seizin and of full right to con- vey is broken immediately on the execution of his deed; but covenants of warranty and quiet enjoyment are not broken until the grantee has been evicted. A dependent covenant is one in which the performance thereof depends on the performance of another, or a prior condition, and until the prior con- dition is performed the other party is not liable to an action on his covenant. Covenants are independent when either party may recover damages from the other for the injury he may have received by a breach of the covenants in his favor, and when it is no excuse for the defendant to allege a breach of the covenant on the part of the plaintiffs. There is also a kind of covenant which contains mutual conditions to be performed at the same time; and, in these, if one party was ready and offered to perform his part, and the other neglected or has refused to perform his, he who was ready and offered has fulfilled his engagement, and may main- tain an action for the default of the other, though it is not certain that either is obliged to perform the first act. In New York, for the purpose of decreasing the expense of recording deeds, mortgages, etc., it is provided by statute that brief sentences shall have the same meaning and effect as the longer forms of covenants, which had be- come familiar in use. (See title Conveyances by Deed and Mortgage.) 566 cleek's assistant. FORMS IN THIS CHAPTER. No. Page. <}eneral form of a covenant by one 1 56(> General form of a joint and several covenant 2 56(i Husband's covenant for himself and bis wife 3 sgo Several covenant 4 567 A covenant against Incumbrance 5 56T Same — Short form 6 567 Covenant of seisin, free from incumbrance, and that grantor has good right to convey 7 867 Same — Short form 8 608 Covenant that grantor has not Incumbered 9 568 Usual covenant of warranty 10 568 Same — Short form 11 568 Covenant for further assurance 12 568 Same — Short form 13 569 Covenant for quiet enjoyment 14 568 Same — Short form 15 570 Covenant by special guardian 16 570 Covenant by tenant for life and tenant in fee of the reversion who join In a deed 17 570 Covenants in a partition deed 18 570 Short and comprehensive form with full covenants 19 571 Same — Short form 20 571 Mutual and dependent covenant 21 571 Covenant In mortgage giving power to sell — Short form 22 572 Covenant of mortgagor to keep buildings insured — Short form 23 572 Covenant of mortgagor to pay rent and charges on premises — Short form 24 572 No. 1. General Form of a Covenant by One. And I, the said A. B., for myself and my heirs, executors, and administn- tors, do hereby covenant to and ■with the said C. D., his heirs and assigns, that I will, etc. No. 2. General Form of a Joint and Several Covenant. And we, the said B. B. and D. D., for ourselves and our heirs, executors, antl administrators, do hereby jointly and severally covenant to and ■with the said P. P., his heirs and assigns, that, etc. No. 3. Hufsband's Covenant for Himself and His Wife. And the said B. B., for himself, his heirs, executors, and administrators, jind for and on behalf of the said C. B., wife of the said B. B., and her ex- ecutors, administrators, and assigns, does covenant with the said D. D., etc. COVENANTS. 567 No. 4. Several Covenant. And we, the said B. B., C. C, and D. D., do hereby sererally and not jointly, tut each for himself and his heirs, executors, and administrators, covenant to and with tha said £. E., etc. No. 5. A Covenant against Incumbrance. And the said A. B. and C. D., 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 E. F., his heirs and assigns, by these presents, that they, the said A. B. and C. D., have not heretofore done, tommitted, or wittingly or willingly suffered to be done or committed, any act, matter, or thing whatever, whereby the premises hereby granted, or any part thereof, are or shall be charged or incumbered in title, estate, or otherwise. No. 6. Same — Short Form. (N. Y. Real Prop. L., § 218.) That the said premises are free from incumbrances. ( The above words " must be construed as meaning that such premises are free, clear, discharged, and unincumbered of and from all former and other gifts, grants, titles, charges, estates, judgments, taxes, assessments, liens, and incumbrances of what nature or kind soever." N. Y. Real Prop. L., § 218, 8ubd. 3.) No. 7. Covenant of Seizin Free from Incumbrance, and that Grantor has Good Right to Convey. And I, the said A. B., for myself and my heirs, executors, and administra- tors, do covenant with the said C. D., his heirs and assigns, that I am law- fully seized in fee simple of the aforegranted premises; that they are free from all incumbrances; that I have good right to sell and convey the same to the said C. D., his heirs and assigns forever, as aforesaid ; and that I will, and my heirs, executors, and administrators shall, warrant and defend the same to the said C. D., his heirs and assigns forever, against the lawful 'Claims and demands of all persons. 568 No. 8. Same — Short Form. (N. Y. Real Prop. L., § 218.) That the party of the first part is seized of a^iid premises in fee simple and has good right to convey same. No. 9. Covenant that Grantor has not Incumbered. (N. Y. Eeal Prop. L., § 218.) That the party of the first part has not done or suffered anything whereby the said premises have been incumbered. No. 10. TTsual Covenant of Warranty. And the said A. B. and his heirs, all and singular the aforesaid messuage, lot of ground, and premises, with their and every of their rights, members, and appurtenances hereby granted and released, and every part and parcel thereof, unto the said party of the second part, his heirs and assigns, and against him, the said A. B., his heirs and assigns, and against all and every other person or persons whomsoever, shall and will warrant, and forever de- fend by these presents. No. 11. Same — Short Form. (N. Y. Real Prop. L., § 218.) That the party of the first part will forever warrant the title to said premises. No. 12. Covenant for Further Assurance. And moreover, that he, the said A. B., and his heirs, and all and every other person or persons having, or lawfully claiming, any estate, right, title, or interest, of, in, or to the said messuage, lot of ground, and premises, or any part or parcel therepf, by, from, or under him, shall, and will from time to time, and at all times hereafter, upon the reasonable request, and at the proper costs and charges of the said party of the second part, his heirs or assigns, make, do, acknowledge, levy, suffer, and execute, or cause and procure to be made, done, acknowledged, levied, suffered, and executed, all and every such further and other act and acts, thing and things, device and devices, con- COVENANTS. 560 veyanoes and assurances in the law whatsoever, for the further, better and more effectual conveying, settling, and assuring, of all and singular the premi- ses hereinbefore mentioned, or intended to be herein conveyed, with their, and every of their rights, members, and appurtenances, to the only proper use and behoof of the said party of the second part, his heirs and assigns, forever, as by the said party of the second part, his heirs or assigns, or his or their counsel, learned in the law, shall be reasonably devised, advised, or required. In witness whereof, the parties to these presents have hereunto inter- changeably set their hands and seals, the day and year first above written. No. 13. Same — Short Form. (N. y. Real Prop. L., § 218.) That the party of the first part will execute or procure any further neces- sary assurance of the title to said premises. No. 14. Covenant for Quiet Enjoyment. And also, that he, the said party of the second part, his heirs and assigns, and every of them, shall, and may, from time to time, and at all times forever hereafter, peaceably and quietly, have, hold, use, occupy, possess, and enjoy, all and singular, the premises hereinbefore mentioned, or intended to be hereby conveyed, and every part and parcel thereof, with their, and every of their appurtenances, without any let, suit, trouble, denial, eviction, ejection, or in- terruption whatsoever, of or by him, the said A. B., his heirs or assigns, or at, or by any other person or persons whatsoever, having, or lawfully claiming any estate, right, title, or interest of, in, or to the same, or any part thereof, and that free and clear, and freely and clearly acquitted, exonerated, and dis- charged of and from all, and all manner of former and other bargains, sales, gifts, grants, feoffments, devices, dowers, rights, and titles of dower, uses, issues, fines, annuities, debts, duties, judgments, executions, recognizances, and all other estates, rights, titles, troubles, charges, and incumbrances what- soever, had, made, committed, done, or suffered, or to be had, made, commit- ted, done, or suffered, in any wise whatsoever, by him, the said A. B., or by any other person or persons whatsoever, having or lawfully claiming any estate, right, title, or interest, of, in, or to the same, or any part or parcel thereof. 570 No. 15. Same — Short Form. (N. Y. Real Prop. L., § 218.) That the party of the second part shall quietly enjoy the pr«mi8es. No. 16. Covenant by Special Guardian. And I, the said D. P.j for myself, my executors and administrators, do covenant with the said T. B. T., his heirs and assigns, that in making the said saJe, I have in all things observed the rules and directions of the law; and that I will, and my heirs shall, warrant and defend the granted premises to the said T. B. T., against the lawful claims and demands of the said minors and their heirs, and all persons claiming the same by, through, or under them or either of them. No. 17. "Covenant by Tenant for Life, and Tenant in Fee of the Beversion, Who Join in a Deed. And we, the said A. B. and A. B., junior, for ourselves, respectively, and our respective heirs, do severally, and not jointly, covenant and assure to the said C. D., his heirs and assigns, that we are lawfully seized in fee of the aforegranted premises, in manner following; that is to say, that the said A. B. is seized thereof for his life, as tenant by the courtesy ; and that the said A. B., junior, is seized in fee simple of the reversion or remainder thereof, expectant upon the determination of the said estate by the courtesy, etc. No. 18. Covenants in a Partition Deed. And the said C. D., for himself, his heirs, executors, and administratorB, does covenant, promise, and grant to and with the said A. B., his heirs and assigns, by these presents; that he, the said A. B., his heirs and assigns, shall, or lawfully may, from time to time, and at all times hereafter, forever, freely, peaceably, and quietly, have, hold, occupy, possess, and enjoy, the said first described piece or allotment of land, containing, etc., with the appurte- nances, and receive and take the rents, issues, and profits thereof, without any molestation, interruption, or denial, of him, the said C. D., his heirs or assigns, or of any other person or persons whatsoever, lawfully claiming, or to claim by, from, or under him or them, or by or with his or their act, privity, or procurement. And the said A. B., for himself, etc. (Here in- sert the same covenant from A. B. to C. D.) COVENANTS. 571 No. 19. Short and Oomprehensive Form with Full Covenants. To have and to hold the same, with the appurtenances, unto the said John "Smith and his heirs, in fee simple, forever. And I, the said John Doe, for myself and my heirs, do hereby covenant and agree to and with the said John Smith, and his heirs and assigns, that I am now the owner of the said premi- ses, and am seized of a good and indefeasible estate of inheritance therein, and that I have full right and power to sell and convey the same in fee simple absolute; that the said premises are free and clear of all incum- brances; that the said John Smith, his heirs and assigns, may forever here- after have, hold, possess, and enjoy the same, without any suit, molestation, or interruption by any person whatever, lawfully claiming any right therein; and that I, the said John Doe, and all persons hereafter claiming under me, will at any time hereafter, at the request and expense of the said John Smith, his heirs or assigns, make all such further assurances for the more effectual ■oonveying of the said premises, with the appurtenances, as may be reasonably required by him or them . And that I, the said John Doe, and my heirs, will warrant and defend the said premises, with the appurtenances, unto the said John Smith and his heirs and assigns forever. No. 20. Same — Short Form. That the party of the first part is seized of said premises in fee simple, and has good right to convey; that he will execute or procure any further neces- sary assurance of the title to said premises; that he will forever warrant the title to said premises; that the party of the second part shall quietly enjoy th« said premises, and the said premises are free from incumbrances. No. 21. IVIutual and Dependent Covenant. And the said B. agrees with the said A., that he the said B. shall and will on the said day of next, and on the execution of such con- veyance pay unto the said A. the sum of , aforesaid. And it is further agreed between the parties aforesaid, as follows: The said A. shall h*ve and retain the possession of the property and receive and be entitled i;o the rents and profits thereof, until the said day of next, when and upon the delivery and conveyance the possession is to be delivered "to the said B. 572 No. 22. Covenant in Mortgage Giving Power to Sell — Short Form. (Real Prop. L., § 235.) That the party of the first part will pay the indebtedness as provided in the mortgage, and if default be made in the payment of any part thereof, the party of the second part shall have power to sell the premises herein described accord- ins to law. No. 23. Covenant of Mortgagor to Keep Buildings Insured — Short Form. (Id.) That the party of the first part will keep the buildings on the said premises insured against loss by fire, for the benefit of the party of the second part. No. 24. Covenant of Mortgagor to Pay Rent and Charges on Premises — Short Form. (Id.) That the party of the first part will pay the rent and other charges men+ioned in and made payable by said indenture ( or, lease ) within days after said rent or charges are payable. CHAPTEK XXV. DEBTOR AND CREDITOR. Composition aqeeements are sometimes made between an insolvent, or embarrassed debtor, and his creditors before an assignment for the benefit of creditors is executed, or a petition in bankruptcy is filed, but more fre- quently after either the assignment or an adjudication of bankruptcy. It has been somewhat of a mooted question whether or not such agreements rested upon a good consideration, so as to be binding upon the creditor, but where the debtor has acted in the utmost good faith, has not induced the creditors to execute the instrument through fraud, and the debtor has not promised, outside ox the composition deed, to prefer one creditor more than another, the instruments have generally been upheld.l Under the National Bankruptcy Act of 1898 (§§ 12, 13) compositions are especially authorized. Prior to the enactment of the Bankruptcy Law, compositions were frequently made after a general assignment had been recorded. The making of a general as- signment by the debtor after entering into a composition agreement avoids 1 Chemical Bank v. Kohner, 85 N. Y. Stoker, 2 St R. 626; Williams v. Carring- 189; Strickland -v. Harger, 16 Hun, 465; ton, 1 Hilt. 515; Smith v. Salomon, 7 81 N. Y. 623; Continental Nat. Bank v. Daly, 216; Harloe v. Foster, 53 N. Y. 385; Koehler, 4 St. R. 482; 117 N. Y. 657; Orr Uiirgin v. Ireland, 14 N. Y. 322; Babcock V. McEwan, 1 Rob. C. C. 141; Coon v. v. Dill, 43 Barb. 577. DEBTOR AND CKEDITOK. 573 ■the composition, as the debtor has put it without his power to carry out the agreement.2 As a general proposition, the composition deed must be binding on all the ■creditors, and if one secures a preference by a secret agreement it will be void.3 But it is only void as to the innocent creditors and not as to the one who secures the preference by the secret agreement.* If the terms of the composition agreement are not strictly complied with by the debtor, the original debt is revived.5 Forms. — Various forms of composition agreements, to meet particular cases, are brought into constant use. They almost invariably have for their prime object the continuing of the business in which the debtor has been engaged, as being the most feasible method of the debtor being enabled to handle the assets to the best advantage, both for himself and the creditors. This may be done either by the debtor himself or by a trustee, or by the debtor, under the supervision of a trustee or a committee of the creditors. Only a general form for a composition agreement is, therefore, given, as the variations for particular cases will readily suggest themselves to those who have occasion to draw such instruments. FORMS IN THIS CHAPTER. No. Page. Letter of license to an embarrassed debtor 1 573 Composition agreement with creditors 2 574 Provision that composition not to be binding until all creditors have signed' 3 575 No. 1. Letter of License to an Embarrassed Bebtor. To all to whom these presents shall come, we, 0. D., F. E., etc., who have here- unto subscribed our names and affixed our seals, creditors of A. B., send greeting: Whereas, The said A. B., on the day of , 19 . . . , is indebted unto us, hereunder named, in divers sums of money, which at present he is not able to pay and satisfy, without time be given him for payment thereof; Know ye, therefore, that we, the said several creditors, and each and every one of us, at the particular request of the said A. B., have given, and by these presents do give and grant, unto the said A. B., full liberty, license, power, and authority, to go about, attend, follow, and negotiate any affairs, business, matters, or things whatsoever, without any let, suit, arrest, attachment, or any other impediment to be offered or done unto the said A. B., his wares, goods, moneys, or other effects whatsoever, by us, or either of us, or by the heirs, executors, administrators, partners, or assigns of us, or either of us, or by our, or any of our, means or procurement, to be sought, attempted, or procured to be done, for and during twelve months next and immediately en- suing the date hereof. And, further, we, the said creditors, do, and each of us doth, covenant and grant, for ourselves, our heirs, executors, administrators, and assigns, re- = Dale V. Fowler, 12 How. Pr. (N. Y.) * White v. Kuntz, 107 N. Y. 518, affg. IS 462. Daly, 286. ' Lawrence v. Clark, 36 N. Y. 128; Bliss » Pennlman v. Elliot, 27 Barb. 315. V. Matteson, 45 N. Y. 22; Wood v. Bent- ley, 6 Hill, 56; Townsend v. NewUl, 22 How. Pr. (N. Y.) 164. 574 cleek's assistant. speetively, and not jointly, or one for another, or for the heirs, execu- tors, administrators, or assigns of each other, to and with the said A. B., that we, or either of us, our heirs, executors, administrators, or assigns, or either of them, shall not, nor will, during the time aforesaid, sue, arrest, attach, or prosecute the said A. B., for or on account of our respective debts, or any part thereof; and that, if any hurt, trouble, wrong, damage, or hindrance be done unto the said A. B., either in body, goods, or chattels, within th« aforesaid term of twelve months next ensuing the date hereof, by us, or any of us, the said creditors, or by any person or persons, by or through the procurement or consent of us, or any of us, contrary to the true intent and meaning of these presents, then the said A. B., by virtue hereof, shall be dis- charged and acquitted forever against such of us, the said creditors, his and their heirs, executors, administrators, or assigns, by whom and by whose will, means, or procurement, he shall be arrested, attached, imprisoned, grieved, or damaged, of all manner of actions, suits, deeds, debts, charges, sum and sums of money, claims and demands whatsoever, from the beginning of the world to the day of the date hereof. In witness whereof, we have hereunto set our hands and seals, the day first above written. C. D. [L. s.] F. E., etc. [L. s.] iJo. 2. Composition Agreement with Creditors. To all to whom these presents shall come, we, whose names are hereunder written, and seals affixed, creditors of A. B., send greeting: Whereas, The said A. B. doth justly owe and is indebted unto us, his said several creditors, in divers sums of money, specified particularly in a schedule liereunto annexed, and made a part of this agreement, 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, with such goods,, wares, and merchandises which he hath, which we, the said creditors, are un- willing to accept of, or anywise to intermeddle with the same; and, therefore,, we, the said creditors, have resolved, and agreed to undergo a certain loss, and to accept of fifty cents for every dollar owing by the said A. B. to us, the several and respective creditors, aforesaid, to be paid in full satisfaction and discharge of our several and respective debts. Now, know ye, that, in and for the consideration hereinafter named, 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, and agree to and with the said A. B., his executors and administrators, and to and with every of them, and to and with each other by these presents, that we, the said several and respective creditors, our several and respective heirs, 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 DEBTOE AND CEEDITOE. 575- and respective creditors, the sum of fifty cents in full discharge and satisfaction of the several debts, and sums of money, that the said A. B. doth owe and stand indebted unto us, the said creditors respectively; so that the said sum of fifty 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 tlie date of these presents: And we, the said several and respective creditors, do severally and respec- tively, for ourselves, our several and respective heirs, executors, administrators, and assigns, covenant, grant, promise, and agree, to and with the said A. B., his executors and administrators, that the said A. B., his executors, adminis- trators, and assigns, shall and may, from time to time, and at all times within the said term or space of six months 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 fifty cents for every dollar the said A. B. doth owe and is 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 chat- tels, 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 fifty cents for every dollar he doth owe, and standeth indebted unto us respectively, within the said time or space of six mouths next ensuing the date hereof.* In witness, etc. (Acknowledgment clause.) No. 3. Provision that Composition not to be Binding until all Creditors Have- Signed. It is agreed, however, between all the parties hereto, that this agreement shall not be. binding on any of the parties hereto until it has been duly ex- ecuted by all the persons, firms, and corporations whose names appear on the annexed schedule of creditors, anything in this agreement contained to the contrary notwithstanding. DEEDS. See Conveyances by Deed and Moetqage. •II the debtor executes notes to pay the various creditors the agreement should: particularly specify the amount and the date of payment thereof. 576 clerk's assistant. CHAPTER XXVI. DOWER. DowEE is the provision which the law makes for a widow out of the lands or tenements of her husband, for the support of herself and her children. In England there were known five species of dower, but they were all abolished by statute, except what were known as " Dower by Custom," which depended upon some local or particular custom, and " Dower by the Common Law." According to the latter, a widow was entitled, during her life, to a third part of all the lands and tenements in fee simple or fee tail of which her husband was seized at any time during coverture, and of which any issue she might have had might by any possibility have been heir. In the United States, dower conforms substantially to that of the common law, although there are different statutory regulations in the various States, and in some of them it has been abolished entirely. In New York, the subject is regulated by article V. of the Real Property Law (Gen. L. c. 4C; L. 1896, e. 547) and a large number of sections in the Code of Civil Procedure. The following forms, except Nos. 1, 2, and 3, are designed particularly for use in the State of New York. FORMS IN THIS CHAPTER. No. Page. A release of dower to the heir 1 576 Helease of dower indorsed on a deed of the premises 2 577 Assignment of dower 3 577 Complaint for admeasurement of dower 4 578 Notice by heirs to widow to demand dower * 5 578 Petition for appointment of guardian 6 578 Order appointing guardian 7 579 Interlocutory judgment that dower be admeasured and commissioners ap- pointed 8 579 Oath of commissioners 9 580 Report of commissioners 10 580 Notice to confirm report of commissioners 11 ^^ Order confirming commissioners' report 1* 581 No. 1. A Belease of Dower to the Heir. Know all men, that I, A. B., widow of B. B., as well for and in considera- tion of $400, to me paid at or before the sealing of these presents, by my son, J. B. (the receipt whereof I do hereby acknowledge), and for the love and affection which I have to my said son, have granted, remised, released, and forever quitclaimed, and by these presents do grant, release, and convey unto the said J. B., his heirs and assigns forever, all the dower and thirds, right and title of dower and thirds, and all other right, title, interest, property, claim, and denand whatsoever, in law and in equity, of me, the said A. B., of, in, and to (a description of certain parcel of land, etc., and how it de- scended to A. B. and B.) ; so that neither I, the said A. B., my heirs, execu- DO WEE. 577 tors, or administrators, nor any other person or persons for me, them, or any of them, shall have, claim, challenge, or demand, or pretend to have, any dower or thirds, or any other right, title, claim, or demand, of, in, or to the said premises, but thereof and therefrom shall be utterly debarred and ex- cluded forever, by these presents. In witness whereof, I have hereunto set my hand and seal, the day of ,19... (Add acknowledgment.) A. B. [l. s.] No. 2. Release of Bower Indorsed on a Deed of the Premises. I, A. B., widow of M. B., deceased, in consideration of $1, to me in hand paid by L. M., have granted, sold, and conveyed, and by these presents do sell, release, and convey, to the said L. M. all my right, title, interest, and dower right in and to the within described property. In witness, etc., with acknowledgment. No. 3. Assignment of Cower. This indenture, made this day of , 19. . ., between R. P. and B. P., sons of J. P., late of the town of , deceased, of the first part, and W. P., widow of the said J. P., of the second part. Whereas, The said J. P. was in his lifetime and at the time of his death seized in fee of certain lands and tenements in the town aforesaid, which, upon the decease of the said J. P., descended to the said R. P. and B. P., subject to the dower right of the said W. P. Now, this indenture witnesseth: That the said R. P. and B. P. hath endowed and assigned, and by these presents doth endow and as- sign unto the said W. P. the one-third part of the said lands and tenements bounded and described as follows: (Insert description of the part set apart for dower.) To have and to hold the said premises unto the said W. P., widow, as aforesaid, for and during her natural life, in the name of dower, and in recompense and satisfaction of all the dower which the said W. P. ought to have, of or in the said lands and tenements which belonged to and were of the said J. P. In witness whereof, the said parties have hereunto interchangeably set their hands and seals, the day and year first above written. R. P. [L. s.] B. P. [L. s.] W. P. [L. S.] 37 5Y8 No. 4. Complaint for Admeasurement of Dower. (N. Y. Code Civ. Pro., § 1606.) Title of action. The complaint of L. C, of the town of Bethlehem in the county of Albany, respectfully shows that she is the widow of P. C, late of said town, deceased ; that her said husband died on the day of , 19 ... ; that the said P. C. at the time of his death and previous thereto, was seized in fee (or, of an estate of inheritance) of and in certain lands and tenements bounded and described as follows: (Insert description.) And your petitioner further shows that the said P. C. left him surviving A. C, B. C, and G. C, his children and heirs-at-law, all of whom are of full age, except the said G. C, who is a minor of the age of fourteen years and upwards, all of which said heirs-at-law are the owners of the said lands sub- ject to the dower right of your petitioner. Your petitioner, therefore, prays that the necessary steps may be taken that commissioners may be appointed for admeasuring the dower of your petitioner- in the said lands pursuant to the statute. Dated, , 19. . . A. B., Att'y for L. C, Plaintiff. ( Verification. ) No. 5. Notice by Heirs to Widow to Demand Dower. To L. C, widow of P. C, late of the town of Bethlehem, deceased: Take notice, that you are required to make demand your dower in the lands^ owned by the said P. C, previous to and at the time of his decease, within ninety days after service of this notice. The said lands are described as follows: (Description.) Dated, , 19. . . Yours, etc., A. C. No. 6. Petition for Appointment of Ouardian. Title of action. To the Supreme Court, County of : The petition of G. C. shows that he is an infant of the age of fourteen years, and upwards, to-wi-t: of the age of eighteen years; that L. C, widow of P. C, DOWEE. 579 has served on your petitioner her summons and complaint for the admeasure- ment of her dower in the lands of which the said P. C. died seized ; that your petitioner has no general or special guardian, and he therefore prays that some suitable person may be appointed the special guardian of your petitioner to take charge of his interest in the premises. Dated, , 19. . . G. C. No. 7. Order Appointing Guardian. At a Special Term of the Supreme Court of the State of New York {or, at a Term of the County Court ) , held in and for the county of , at the County Courthouse, county, the day of , 19. . . Present. — ITon. G. W., Justice (or, County Judge). Title of action. ! On reading and filing petition of G. C, showing that he is an infant of the age of eighteen years, and has no general guardian, and that L. C, the widow of P. C, has commenced an action for the admeasurement of dower, and pray- ing that a guardian may be appointed to take care of the interest of the said 6. C, in the premises sought to be admeasured: On motion of E. C, of coun- sel for said petitioner, Ordered, that H. M., a freeholder of said county, be and he hereby is appointed guardian of the said 6. C, for the sole purpose of ap- pearing for and taking care of the interest of said infant in the proceedings. R. B., Clerk. No. 8. Interlocutory Judgment that Bower be Admeasured and Commissioners Appointed. (Code, § 1607.) At, etc., (as in No. 7). On reading and filing the petition of L. C, widow of P. C, late of the town of , in the said county, with proof of service of a copy of the same on all parties interested in the premises described therein, and proof of ser- vice of notice of this motion; on motion of B. G., attorney for said L. C, and after hearing H. M., guardian of G. C, Ordered, that admeasurement be made of the dower of the said L. C, in the lands of her husband, the said P. C, deceased, specified and described in said petition as follows: (Description.) And it is further ordered, that E. 0., J. L., and 0. R., of the town of , county of , three reputable and disinterested free- 580 clerk's assistant. holders, be and they are hereby appointed commissioners, for the purpose of making such admeasurement, and that they report their proceedings herein to this court. R. B., Clerk. No. 9. Oath of Commissioners. (Code, § 1608.) County of , ss. . We, R. 0., J. L., and 0. R., commissioners appointed by the Supreme Court, to make admeasurement of the dower of L. C, in the premises descrii)ed in the order of said court by which we are appointed commissioners, each being duly sworn, doth depose and severally say, that he will faithfully, honestly, and impartially discharge the duty and execute the trusts reposed in him by such appointment. Severally subscribed and sworn, etc. K. 0. J. L. 0. E. No. 10. Report of Commissioners. (Code, § 1610.) Title of action. To the Supreme Court of the State of New York: The undersigned, R. 0., J. L., and 0. R., commissioners appointed by an order of the Supreme {or, other) Court, dated , 19. . ., to make ad- measurement of the dower of L. C, widow of P. C, late of said county, de- ceased, in the lands and premises described in said order, do respectfully re- port, that they have been attended by the said A. C, B. C, L. C, and H. M., guardian of G. C, an infant, they have caused a survey of the said lands and premises to be made, in the presence of the said parties, a map of which sur- vey is hereunto annexed. And we further report, that we haA^e allotted and admeasured to the said L. C, as and for her dower in the said lands and premises, the one-third part thereof, which part so allotted for dower is bounded and described as follows: (Insert the description of so much as is allotted to the widow), which said lot is described on the annexed map and inclosed by red lines. DOWEK. 581 We do further report that the following are the charges attending said ad- measurement. Two days' services for each commissioner, at $2 per day for each. ... $12 00 Surveyor's fees, two days, at $5 per day 10 00 Two chain and flag bearers, one day each 2 00 All of which is respectfully submitted. Dated, ,19... R. O., J. L., O. R., $24 00 Commissioners. No. 11. ITotice to Confirin Keport of Commissioners. Title of action. Take notice, that a motion will be made at the next Special Term of the Supreme Court, to be held at the City Hall, in the city of , county of , on the day of , 19 ... , at the opening of court on that day, or as soon thereafter as counsel can be heard, for an order confirming the report of the commissioners appointed to make admeasurement of the dower of L. C, in the premises mentioned and described in the order appointing said commissioners; and for such other or further order as to the court may seem meet, which motion will be founded upon the report of said commissioners, a copy of which is herewith served. A. M., Attorney for L. C. To A. C, B. C, and H. M., Guardian. No. 12. Order Confirm.iug Commissioners' Report. At, etc., (as in No. 7). On reading and filing the reports of E. 0., J. L., and 0. R., commissioners appointed to admeasure the dower of L. C, in the above-entitled matter, which report bears date , 19. . ., by which it appears that the commission- ers have admeasured and allotted to the said L. C, for her dower in the prem- ises of which her said husband died seized; and which said premises so ad- measured and allotted to the said L. C. are bounded and described as follow.s: (Insert the description of the premises assigned as dower.) Now, on motion of A. M., of counsel for said L. C, and after hearing H. M., of guardian for said G. C, it is Ordered, that the said report and admeasurement be and the same is in all respects confirmed. 582 cleek's assistant. EXCISE LAW. The State commissioner of excise, or any local deputy commissioner, will upon application, furnish any blanks necessary to carry out the provisions of the New York statute. As a rule the authorities require that all applications, etc., shall be made, on such blanks, and in all cases they are preferred to type- written forms. CHAPTER XXVII. EXTRADITION. Extradition in this country is of two kinds: international and interstate. The former consists in the delivering up by one nation of a person who has taken refuge in its territory, to another nation, for trial and punishment, for an of- fense against the laws of the nation to which the fugitive is surrendered. The latter may be similarly defined, except that States are substituted for nations, jiieaning, of course, States of the Union. International extradition depends primarily on treaties between the nations interested. Sometimes a person who has committed a crime not covered by treaty between the nation within the territory of which it was committed and that in which he has taken refuge is surrendered, nevertheless, on the ground 'of comity, or public policy. Interstate extradition is founded on positive law, found in the National Con- stitution and the United States Statutes. Various of the States also have passed acts regulating the practice in interestate extradition. The States, as such, have nothing to do with international extradition. That is purely a national act. In international extradition it is usual to require the production of sufScient evidence to establish probable cause for holding the accused for trial, before extradition is granted. But in interstate cases the general rule is that it is enough that a legal accusation has been lodged against him. This usually takes the form of an indictment by a grand jury. But it is the better practice to also submit the affidavits of the principal witnesses for the prosecution, establishing at least a prima facie case. While the provision of the National Constitution is mandatory in requiring the delivery by one State of an alleged criminal upon demand of the executive of another State: "A person charged in any State with treason, felony or other crime, wlio shall flee from justice and be found in another State, shall, on demand of the executive authority of the State from which he fled, be de- livered up to be removed to the State having jurisdiction of the crime " (Const., art. 4, § 2 ) , at present there is no Federal statute by which tne governor of a State can be compelled to grant a requisition for extradition where he, in his discretion, determines not to grant it. (Commonwealth of Kentucky v. Den- nison, 24 How. [U. S.] 66.) This condition of affairs arises from the fact that the governor of a State is not a Federal officer, and Congress has directed that the requisition shall be made to the governor, although the Constitution is silent as to whom, it shall be made, after providing that it shall be made hy the executive authority. The governor, not being a Federal officer, the general government cannot compel the performance of a function which it has no right to annex to the office. {In re Voorhees. 32 N. J. Law. 141.) In the case last cited the opinion was expressed that the national government had the power to vest in an oflieer of its own appointment authority to arrest, in any State, fugitives from another State and surrender them upon the requisition of the EXTRADITION. 583 executive of the latter State. The Federal government, however, has refrained from exercising such power. The cases have been very rare in which compliance with a requisition has been refused. The most striking recent example being mat in which the governor of Indiana refused to deliver over to the authorities of Kentucky a person charged with being an accessory to the assassination of the governor of the latter State. This took place during a time of intense political excitment, and while it was believed by some that a civil war was imminent in Kentucky. Extradition was refused, mainly on the ground that it would be impossible for the accused to secure an impartial trial in Kentucky at that time. In that case, therefore, the governor exercised his judgment and discretion in refusing ex- tradition, although no doubt existed that the fugitive was " charged " with a crime. Such cases, however, are extremely rare. It should be remembered that a prerequisite to extradition, interstate par- ticularly, is that the person comes within the meaning of the words found in the Constitution, who shall " flee from justice." Precisely the meaning of these words it is not always easy to tell. But, generally speaking, the alleged criminal must have been within the State which makes the requisition, when the crime was committed, and have departed therefrom after the commission of the crime. A striking illustration of what is not a fleeing from justice, within the deter- mination of the governor of New York, is furnished in the ease of a requisition from the executive of Texas for the extradition of the officers of certain cor- porations, doing business in that State, such officers being residents of New York. The legislature of Texas passed an act making officers of corporations criminally liable for certain acts of the corporate body. It was contended that the officers in New York were thereby subjected to the penalty, but the governor of New York refused to give them up, in default of it being shown that such officers had been in Texas when the alleged criminal acts were committed, and had fled therefrom to escape punishment. The rules governing extradition of a fugitive from the United States are set forth in two circulars issued by the state department at Washington, both of which follow : Memorandum Relative to the Extradition, of Fugitives from the United States in British Jurisdiction. DEPARTMENT OF STATE. Washington, May, 1890. Where application is made for a requisition for the surrender of a fugitive irom the justice of the United States in British jurisdiction, it must be made to appear — 1. That one of the offenses enumerated in the treaties between the United States and Great Britain has been committed within the jurisdiction of the United States or of some one of the States or Territories. 2. That the person charged with the offense has sought an asylum or been found within the British dominions. All applications for requisitions should be addressed to the secretary of state, and forwarded to the department of state, accompanied with the necessary papers, as herein stated, and must furnish the full name of the person proposed for designation by the president to receive the prisoner and convey him to the United States. When the offense is within the jurisdiction of the State courts, the application must come from the governor of the State. When the offense is against the United States, the application must come from the attorney-gen- eral or the proper executive department. It is stipulated in the treaties with Great Britain that extradition shall be granted only on such evidence of criminality as, according to the laws of the place where the fugitive or person charged shall be found, would justify his apprehension and commitment for trial if the crime or offense had there been eommitted. 584 clerk's assistant. It is admissible as constituting such evidence to produce a properly certified copy of an indictment found against the fugitive by a grand jury or of any in- formation made before an examining magistrate, accompanied by one or more depositions setting forth as fully as possible the circumstances of the crime. An indictment alone has been held to be insufficient. By the fourteenth section of the English Extradition Act of 1870, "depDsition& or statements on oath, taken in a foreign state, and copies of such original depo- sitions or statements, and foreign certificates of, or judicial documents stating^ the fact of conviction, may, if duly authenticated, be received in evidence of proceedings under this act." The fifteenth section of the same act provides as follows : " Foreign warrants and depositions or statements on oath, and copies thereof, and certificates of, or judicial documents stating the fact of a conviction, shall be deemed duly au- thenticated for the purposes of this act if authenticated in manner provided for the time being by law, or authenticated as follows : ( 1 ) If the warrant pur- ports to be signed by a judge, magistrate, or oflicer of the foreign state where the same was issued ; ( 2 ) if the depositions or statements or the copies thereof purport to be certified under the hand of a judge, magistrate, or officer of the foreign state where the same were taken to be the original depositions or state- ments, or to be true copies thereof, as the case may require; and (3) if the cer- tificate of, or judicial documents stating the fact of conviction purport to be certified by a judge, magistrate, or officer of the foreign state where the convic- tion took place; and if in every case the warrants, depositions, statements, copies, certificates, and judicial documents (as the case may be) are authen- ticated by the oath of some witness or by being sealed with the official seal of the minister of justice, or some other minister of state; and all courts of jus- tice, justices, and magistrates shall take judicial notice of such official seal, and shall admit the documents so authenticated by it to be received in evidence without further proof." If the fugitive be charged with the violation of a law of a State or Territory, his delivery will be required to be made to the authorities of such State or Ter- ritory. If the offense charged be a violation of a law of the United States (such as piracy, murder on board of vessels of the United States, or in arsenals or dock- yards, etc.) , the delivery will be required to be made to the officers or authori- ties of the United States. Where the requisition is made for an offense against the laws of a State or Territory, the expenses attending the apprehension and delivery of the fugitive must be borne by such State or Territory. Expenses of extradition are de- frayed by the United States only where the offense is against its own laws. PROVISIOTiTAL ABBEST. Applications, both by telegraph and by letter, are frequently made to this department for its intervention to obtain the arrest and provisional detention of fugitives from justice in England, Scotland, or Ireland in advance of the pre- sentation of the formal proofs upon which a demand for their extradition may be based. In such cases the only manner in which the department can inter- vene is by informing the ambassador of the United States in London of the facts and instructing him to take the necessary measures. This the ambassador does by authorizing some one connected with the embassy to make complaint on oath before a magistrate, in accordance with the requirements of the British Extradition Act of 1870. The form of this complaint is hereto annexed as Ap- pendix 2. Attention is invited to its provisions, and especially to the state- ment deponent is required to make that he is informed and believes that a war- rant has been issued in the foreign country for the arrest of the accused. This department, when requested to intervene in such a case, should always be en- abled to inform the ambassador that such a warrant has been issued, in order EXTEADITION. 585 that the complaint before the British magistrate may be made in due form and without delay. Appendix 1. The tenth article of the treaty between the United States and Great Britain, concluded August 9, 1842, provides for the surrender of criminals for ( 1 ) mur- der, (2) assault with intent to commit murder, (3) piracy, (4) arson, (5) rob- bery, (6) forgery, (7) the utterance of forged paper. The convention concluded July 29, 1889, provides for extradition for the fol- lowing additional offenses: 1. Manslaughter, when voluntary. 2. Counterfeiting or altering money; uttering or bringing into circulation counterfeit or altered money. 3. Embezzlement; larceny; receiving any money, valuable security, or other property, knowing the same to have been embezzled, stolen, or fraudulentlv obtained. 4. Fraud by a bailee, banker, agent, factor, trustee, or director or member or officer of any company, made criminal by the laws of both countries. 5. Perjury, or subornation of perjury. 6. Eape ; abduction : child-stealing ; kidnapping. 7. Burglary: house-breaking or shop-breaking. 8. Piracy by the law of nations. 9. Revolt or conspiracy to revolt by two or more persons on board a ship on the high seas, against the authority of the master; wrongfully sinking or de- stroying a vessel at sea, or attempting to do so ; assaults on board a ship on the high seas, with intent to do grievous bodily harm. 10. Crimes and offenses against the laws of both countries for the suppression of slavery and slave-trading. Extradition is also to take place for participation in any of the ciinies men- tioned in this convention or in the aforesaid tenth article, provided such par- ticipation be punishable by the laws of both countries. By the seventh article of the convention of 1889, it is stipulated as follows: "The provisions of the said tenth article (of the treaty of 1842) and of this convention shall apply to persons convicted of the crimes therein respectively named and specified, whose sentence therefor shall not have been executed." The eighth article of the convention of 1889 is as follows: " The present con- vention shall not apply to any of the crimes herein specified which shall have been committed, or to any conviction which shall have been pronounced, prior to the date at which the convention shall come into force." The ninth article provides that the convention " shall come into force ten days after its publication in conformity with the forms prescribed by the law.i of the high contracting parties." The convention was proclaimed both in the United States and in Great Britain March 25, 1890, and thus came into force in both countries April 4, 1890. FORMS IN THIS CHAPTER. No. Page. Form of Information used ii obtaining provisional warrants of arrest in the United Kingdom of Great Britain and Ireland 1 -W, Complaint or petition for warrant for the arrest of fugitive who has fled to the United States 2 S«^ Request to governor to apply to the president to make a demand on foreign gov- ernment 3 590 Request of governor to president to make demand on foreign government 4 50t Form of requisition 5 5!W Form of warrant * 594 Agent's authority > '' SfK Form of indorsement on agent's authority 8 595 ■"'^•5 clerk's assistant. No. 1. (Appendix to Government Circular.) Form of Information TTsed in Obtaining Provisional Warrants of Arrest in the United Kingdom of Great Britain and Ireland. Metropolitan Police District, to-mt. The information of , of , taken on oath this day of , in the year of our Lord one thousand eight hundred and , at the Bow Street Police Court, in the county of Middlesex, and within the Metropolitan police district, before me, the undersigned, one of the magistrates of the police courts of the metropolis, sitting at the police court aforesaid, who saith that , late of , is accused (or convicted) of the commission of the crime of within the jurisdiction of , and now suspected of being in the United Kingdom. I make this application on behalf of the government. I produce I am informed and verily believe that a warrant has been issued in for the arrest of the accused ; that the said government will demand h . . . extradition in due course, and that there are reasonable grounds for sup- posing the accused may escape during the time necessary to present the diplo- matic requisition for h. . . surrender, and I, therefore, pray that a provisional warrant may issue under the provisions of 33 and 34 V., <;. 52, § 8. Sworn before me, the day and year first above mentioned, at the police court aforesaid. Memorandum Relative to Applications for the Extradition from Foreign Countries of Fugitives from Jtistioe. DEPARTMENT OP STATE. Washington, Octoher, 1892. Extradition will be asked only from a government with which the United States has an extradition treaty, and only for an offense specified in the treaty. All applications for requisitions should be addressed to the secretary, of state, accompanied by the necessary papers as herein stated.l When extradition is sought for an offense within the jurisdiction of the State or Territorial courts, the application must come from the governor of the State or Territory. When the offense is against the United States, the application should come from the attorney-general . In every application for a requisition it must be made to appear that one of the offenses enumerated in the extradition treaty between the United States and the government from which extradition is sought has been committed within • The only exception is found in the be made directly by tlie proper authorl- treaty witli Mexico, under wliich, in the ties of the State or Territory. (Article Determination by fencevlewers as to damages by strays 23 625 No. 1. Apportionment of Division Fence by Owners.i (Town L., § 100.) We, the undersigned, and , adjoining landowners of the town of , in the county of , hereby divide and appor- tion the division fence between our lands as follows: is to maintain and keep in repair all that portion of the fence- (here describe it), and is to maintain and keep in repair all that portion of the fence (here describe it). Dated, this day of , 19 . . . No. 2. Notice that Owner Intends to Let His Iiands Lie Open. (Id., § 101.) To , Esq.. Notice is hereby given that I intend to let my lands adpoining you (here describe them), lie open, pursuant to section 101 of the Town Law. Dated, this day_of , 19 . . . ' If any dispute exists about a parti- mission of the fencevlewers, he becomes tion fence. It gives Jurisdiction to the liable for the maintenance of one-half fencevlewers under the statute. Burger of the remaining portion of the fence, v. Kortrlght, 4 Johns. 414. without regard to a prior arrangement But their decision is not required If between the parties, as to the portion t« no dispute exists; and, in such case, they be maintained by each of them. Cham- cannot settle the costs of repairing the berlain v. Reed, 14 Hun, 403. fence. WUIoughby v. Carieton, 9 Johns. Where fencevlewers acquire jurisdic- 136. tion of the parties and the subject-mat- Where one adjoining owner builds a ter, their decision is flnai upon the mer- dlvislon fence, and the other subsequently its. People v. Dewey, 1 Hun, 529; 3 S. Incloses his land, the fencevlewers have C. 638. jurisdiction; and It is only necessary for It seems that fencevlewers in ap- them to find the sum to be paid, there praising damages for neglecting to main- being no dispute as to the proportion of tain a division fence, cannot talte inti* the fence to be maintained by each, consideration the death of cattle caused Hewitt V. Watliins, 11 Barb. 409. by eating unripe corn in the fields of the If one of two adjoining owners remove delinquent party. Clark v. Brown, IS hU part of the division fence, by per- Wend. 213, "618 clerk's assistant. No. 3. Notice of Intention to Inclose Lands. (Id.) To Esq. : You are hereby notified, pursuant to section 101 of the Town Law, that I intend to inclose my lands now lying open, adjoining your lands, and you are hereby requested to build and maintain your proportion of the division fence (or, as the case may be). Dated, this day of , 19 . . . No. 4. Certificate of Fenoeviewers on Inclosing Lands. (Id., §§ 101, 103.) Y ss. : 'COUNTY OF .... Town of Whereas, and , being the owners of certain adjoining lands in the said town of , and the said having, on or about the day of , 19 ... , erected a division fence between the lands belonging to himself and those of , who allowed his lands 1;o lie open; and Whereas, the said has recently inclosed the said land belonging to him, and a disagreement has arisen between the said parties as to the value of the said fence, and the proportion to be maintained by each; now, therefore, we, the undersigned fenceviewers of said town, duly chosen by the aforesaid parties to hear and determine the matter, pursuant to section 103 of the Town Law, after due notice to each of said owners of the time and place of this meet- ing, and after viewing the premises and hearing tne parties, and all evidence produced do determine as follows: That the following is a correct description •of the fence built by the said , as aforesaid (here describe it) ; that "the value of the fence, at the time of erecting the same, was $ ; that shall maintain and keep in repair that portion of the fence (here •describe it) , and that shall maintain and keep in repair that portion of the fence ( here describe it ) and that pay to , the sum of $ , as his just proportion of the value of the fence so built and maintained by , and that each pay one-half of the costs and expenses •of this proceeding, which are $ Dated, this day of , 19 . . . , Feneeimioers. FENCEVIEWEBS. 619 No. 5. Decision of Penceviewers when Transfer of Title has been Made. (Id., § 102.) COUNTY OF , ) J Town of , f Whereas, a dispute has arisen between and , adjoining o^vners of land in said town, in regard to the division fence between said lands, caused by a transfer of title of a portion of the- adjoining lands owned by , ( or, as the case may be ) ; now, therefore, we, the undersigned fence- viewers of said town, having been duly chosen by the said owners to hear and •determine the matter, pursuant to sections 102 and 103 of the Town Law, and having given due notice to each owner, of the time and place of this meeting, and having viewed the premises and heard the parties and evidence produced, do hereby determine and decide that the following is a correct description of the said division fence ( here describe it ) ; that the said shall main- tain and keep in repair that portion of the fence (here describe it), and that said shall maintain and keep in repair that portion of the fence (here describe it), and we further determine that the value of fence between said lands, at the time of such transfer of title, was $ , and that the said shall pay to said $ , as his proportion for said fence ( or, as the case may be ) , and that each pay one-half ( or, as the case may be) of the costs and expenses of this proceeding, which are $ Dated, this day of , 19 . . . Fenoeviewers. No. 6. Certificate of Apportionment of Division Fence. (Id., § 103.) COUNTY OF Town of . . ::h Whereas, a dispute has arisen between and , adjoining owners of land in said town, concerning the apportionment of the division fence between said lands; now, therefore, we, the undersigned fenoeviewers of said town, duly chosen to hear and determine the dispute, pursuant to section 103 of the Town Law, after giving due notice to said owners of the time and place of this meeting, and having viewed the premises, heard the parties and the evi- dence produced, do hereby determine that the following is a correct description of the said division fence (describe it) ; that the said shall main- tain and keep in repair all that portion of the fence (here describe it), and that shall maintain and keep in repair all that portion of the fence 620 (here describe it), and that each pay one-half {or, as the case may be) of the coats and expenses of this proceeding, which are $ Dated, this day of , 19 . . . Fenceviewers. No. 7. Notice to Build or Bepair Division Fence. (Id., § 105.) To , Esq.: You are hereby notified and required, pursuant to section 105 of the Town- Iiaw, to build and maintain {or, repair) your portion of the division fence be- tween your lands and the lands of the undersigned, beginning (state where fence is to be built or repaired) within one month after receiving this notice, in default of which I shall cause the same to be built {or, repaired) but your ex- pense. Dated, this day of , 19 . . . No. 8. Another Form of Notice to Repair. (Id.) To Take notice, that the portion of the division fence between your farm and the farm of the undersigned, situate in the town of , countr, N. Y., and which has been heretofore determined {or, mutually agreed upon be- tween us) that you shall keep and maintain commencing on the boundary of the and extending back therefrom sixty rods is out of repair, and that you are required to put the same in proper state of repair at once. You will also take notice that unless you put such portion of said division fence in proper state of repair within one month from the service of this notice, that the undersigned will, upon the expiration of said month, proceed to repair said division fence at your expense, in accordance with the statute in such case made- and provided. Dated, this day of , 19. . . No. 9. Notice to Build Fence Destroyed by Accident. To , (Id., § 106.) You are hereby notified and required, pursuant to section 106 of the Town Law, to build {or, repair) your proportion of the following fence, to-wit: (here FENCEVIEWEES. 621 has upon his inclosed lands {or, in pound, as the case may be) the following animals belonging to you (here describe them) and that the same are being held ■as strays ( or, beasts doing damage, as the case may he ) . Dated, this day of , 19 . . . FENCEVIEWEKS. 625 No. 21. Notice of Sale by Fencevlewer. (Id., § 127.) Notice is hereby given that, whereas, on the day of , 19 . . . , there strayed on the inclosed land of , in the town of , a ( describe the animals ) , and the same not having been redeemed by the owner thereof; now, therefore, in pursuance of section 127 of the Town Law, the fence- viewers of said town will expose the same for sale at public auction to the high- est bidder, on the day of , 19 . . , at . . . o'clock in the .... noon at ( state where ) , unless redeemed by the owner. Dated, this day of , 19 . . . Fenoeviewer. No. 22. Notice to Owners of Fenceviewers' Meeting. (Id., § 129.) To Esq. : You are hereby notified, pursuant to section 129 of the Town Law, that the f enceViewers of the town of , in the county of , will meet at my residence, in said town, on the day of , 19. . ., for the purpose of assessing the damages done by your beasts on my inclosed lands in said town, and the charges and expenses for keeping the same. Dated, this day of , 19 . . . No. 23. Determination, by Pencevie-wers as to Damages by Strays. (Id., § 120.) STATE OF NEW YORK, ) County of , ) Whereas, on the day of , 19 . . . , there strayed (or, was found doing damage) on the inclosed lands of , in said town, the following beasts (here describe them), which said beasts belong to , (or, and the owner of said beasts is unknown ) ; now, therefore, we, the undersigned fence- viewers of said town, duly chosen to determine the matter submitted to us, after proof of due service of a notice of the time and place of this meeting on the owner of the beasts (or, on proof that the owner of said beasts is unknown) , and' after viewing the premises and hearing the parties (or, after hearing the claimant), and all witnesses produced, do hereby, pursuant to section 130 of the Town Law, determine that the division fence in question is insufficient, and that the said beasts entered on the inclosed lands of , from the prem- ises of , over that portion of the division fence which belongs to 40 626 cleek's assistant. , to maintain and keep in repair ; and that the damages sustained bj are $ , and that the charges for keeping said beasts are $ , and the costs and expenses of this proceeding are $ (or, that the claimant's lien is not enforceable by reason of; state the reasons). Dated, this day of , 19 . . . Fenceviewers. CHAPTEE XXX. FERRIES. Licenses to establish and maintain ferries in New York State may be granted by the County Court of a county or a City Court of a city under sections 170 to 174, both inclusive (art. VII), of the Highway Law, quoted in full hereafter. Maintenance of a ferry without a license is a misdemeanor. ( Pen. Code, § 415. ) Boards of supervisors have power to regulate ferries after they are established. ( County L., § 78. ) Such boards have power to regulate rates in certain cases. (Id., § 73.) Steam railroads, with terminus in the harbor of New York city, may pur- chase, or lease, and operate ferries (Railroad L., § 54) ; and compensation for use of ferries by railroads may be fixed by the railroad commissioners. (Id., § 13L) Employment of the notice of intemperate persons by ferry is a misdemeanor. (Ex. L., § 1642.) Intoxication of an employee of a ferry is a misdemeanor. (Pen. Code, § 420.) For the formation of ferry corporations, see title " Corporations." Licenses. — The County Court in each of the counties of this State, or the City Court of a city, may grant licenses for keeping ferries in their respective coun- ties and cities, to such oersons as the court may deem proper, for a term not exceeding five yeais. No lieensu shall be granted to a person, other than the nwtipi- nf th~ Tnd through which that part of the highway adjoining to the ferry shall run, unless the owner is not a suitable person or shall neglect to apply after being served with eight days' written notice from such other person of the time and place at which lie will apply for such license, or having obtained such license, shall neglect to comply with the conditions of the license, or maintain the ferry. Every license shall be entered in the book of minutes of the court by the clerk; and a certified copy thereof shall be delivered to the person licensed. When the waters over which any ferry may be used, shall di- vide two counties or cities, or a county and city, a license obtained in either of the counties or cities shall be sufficient to authorize transportation of persons, goods, wares, and merchandise, to and from either side of such waters. (High- way L., § 170.) Undertaking. — Every person applying for such license shall, before the same is granted, execute and file with the clerk of the court his undertaking, with one or more sureties, approved by the court, to the effect that he will attend such ferry with sufiicient and safe boats and other implements, and so many men to work the same as shall be necessary during ttie several hours in each day, and at such rates as the court shall direct. (Id., § 171.) Appendages for rope ferries. — Any person licensed to keep a ferry may, with the written consent of the commissioners of highways of the town where such ferry may be, erect and maintain within the limits of the highway, at such point as shall be designated in such consent, a post or posts, with all necessary braces and appendages, for a rope ferry. (Id., § 172.) FEEEIES. 627 Superintendent of public works may lease right of passage. — The superin- tendent of public works may, wliere ferries are now maintained at tide wato , lease the right of passage for foot passengers across State lands adjoining tide water for a period not exceeding ten years, on such conditions as he may deem advantageous to the State. (Id., § 173.) When schedules to be posted. — Every person licensed to operate or control any ferry in this State, or between this State and any other State, operatinj; from or to a city of 50,000 Inhabitants or over, shall post in a conspicuous and accessible position outside and adjacent to each entrance to such ferry, and in at least four accessible places, in plain view of the passengers upon each of the boats used on such ferry, a schedule plainly printed in the English language, of the rates of ferriage charged thereon, and authorized by law to be charged for ferriage over such ferry. If any such person shall faiU to comply with the provisions of this section, or shall post a false schedule, he shall be guilty of a misdemeanor. (Id., § 174, as amended by L. 1900, c. 313.) FORMS IN THIS CHAPTER. No. Pago. Notice to owner of lands of application for a license 1 627 Proof of service of foregoing notice 2 fl2T Application for a ferry license by an owner of the land where the ferry is to be situated 3 fi2s Application for a ferry license by a person not owning the land 4 IGR Undertaking 5 fi2n License 6 620 Certificate of clerk indorsed on a copy 7 630 No. 1. Notice to Owner of Lands of Application for a Iiicense. (Highway L., § 170.) To. D. C, Esq. : Sir. — Please take notice, that the undersigned will apply to the Columbia County Court at the next term thereof, to be held at the courthouse in the city of Hudson, on the fourth day of , 1 9 . . . , at the opening of the court on that day, or as soon thereafter as a hearing can be had, for a license to be granted to the undersigned to keep a ferry across the river , from the termination of the highway running through your land to (give a particular description of the location of the ferry) . Dated, , 19 . . . Yours, etc., B. A. STATE OF NEW YORK County of , No. 2. Proof of Service of Foregoing Notice. f ss. : G. H., of said city, being sworn, says that he is over the age of years, and that at the tovrri of Greenport, in said county, on the day of , ' Neglect to post schedule in certain cases is a misdemeanor. Pen. Code, § 415a. See also Transportation Corp. L., § 8. 628 clerk's assistant. 19. . ., he personally served on D. C. the witlun notice, and such service was made by delivering to and leaving with him, the said D. C, a true copy of the same; and deponent further says that he knew the person so served to be the said D. C, the person mentioned in said notice. Sworn to before me, this . . . . ) day of ,19... ) No. 3. Application for a Ferry License by an Owner of the Land where the Ferry is to be Situated. (Id.) To the Hon., the County Court of Columbia County: The application of B. A., of the town of Greenport, in said county, respect- fully showeth: that he is the owner of the land in said town, on the bank of the Hudson river, through {or, near) which the public uighway runs, leading from the village in said town to the said river, and that a ferry ought to be es- tablished, for the convenience and accommodation of the public, across the said river at the place aforesaid: Wherefore, the undersigned, B. A., hereby applies to the said court to grant him a license co establish such ferry, on his comply- ing with the statute in such case made and provided. Dated, , 19 . . . B. A. No. 4. Application for a Ferry License by a Person not Owning the Land. (Id.) To the Hon., the Columbia County Court : The petition of B. A. respectfully showeth that he is a resident of the town of Greenport, in said county, and that a ferry ought to be established, foY the accommodation and convenience of the public, across the Hudson river, at the place where the public highway crosses the land of D. C. to the said river, and the said D. C, who is the owner of the land through which the highway runs as aforesaid, having neglected to make application for such license, due service of the notice of this application having been served upon him, as appears by a copy of said notice and proof of service thereof hereunto annexed : Wherefore, the undersigned petitions this honorable court to grant him a license to establish such ferry, on his compliance with the provisions of the statute in such case made and provided. And your petitioner will ever pray, etc. Dated, ,19... B. A. FERKIES. 620 No. 5. ' UndertaJslng. (Id., § 171.) STATE OF NEW YORK, i ^^ . County of Columbia, ) Be it remembered, that I, B A., of the town of Greenport,"iii said county do acknowledge myself hereby indebted to the people of the State of New York, in the just and full sum of , to be well and truly paid to the said people if default shall be made in the conditions following: Whereas, I, the said B. A., have this day applied to the Columbia county court for a license to keep a ferry upon the Hudson river, in the town of Green- port, in said county: Now, the condition of this recognizance is such, that if I, the said B. A., shall faithfully attend and keep the said ferry, provided a, license be granted for that purpose as aforesaid, with such and so many suffi- cient and safe boats, and a sufficient number of men to work the same, together with sufficient implements for said ferry as shall be deemed necessary during the several hours in each day, and at such rates as this court shall direct, then this recognizance to be void, otherwise to remain in full force and virtue. B. A. (L. s.) Subscribed and acknowledged in open court, this day of , 19. . ., before me, R. P., County Judge of Columbia County. No. 6. License. (Id., §§ 170, 171.) At a county court held in the courthouse in the city of Hudson, in and for the county of Columbia, the day of , 19 . . . Present — Hon. G. 0., County Judge. Whereas, B. A., of the town of Greenport, in said county, has made applica- tion for a license to keep a ferry across the Hudson river at Greenport afore- said, and it duly appearing that notice of an application for this license was personally served on ,iat , on the day of , 19. . ., which was more than eight days before the hearing on this application, and no one appearing in opposition thereto ( or, recite such proceedings as were iad) (or, if application made by owner of land recite that fact) and the said having given the undertaking provided by law, and due deliberation having been had, it is hereby ordered and determined, that this license be granted to the said B. A. to keep a ferry at the town of Greenport (here de- scribe the place particularly), for the term of three years from this date. And the said I>. A. is allowed to collect and receive ferriage for the transportation of travelers, property, and effects, over and across the said ferry, at and after the following rates, and for no greater sum or sums for such transportation, viz.: (give the rates). P. R., County Judge of Columbia County. 630 CLEEK S ASSISTANT. No. 7. Certificate of Clerk Indorsed ou a Copy. STATE OF NEW YORK, ) ^ . County of Columbia, j I do hereby certify that I have compared the within copy of a license with iiie original this day entered of record in this court, and that the same is a cor- rect copy thereof and of the whole of said original. In testimony whereof, I have hereunto affixed my name, and my official seal, this day of , 19 . . . P. E. (L. s.). Clerk. FORECLOSURE. The subject of foreclosure of mortgages by suit is, of course, beyond the scope of this book. The subject of foreclosure by advertisement, under the statutes, is treated under the title " Conveyances by Deed and Mortgage," forms Nos. 105 to 112, inclusive. CHAPTER XXXI. GIFTS. Gifts are divided into two distinct classes : gifts inter vivos, which are those made without any prospect of immediate death; and gifts ccmsa mortis {donatio causa mortis ) , which are those made in prospect of death. The chief diflFerence between the two is that the former is absolute and irrev- ocable when once made, while the latter takes full effect only upon the death of the donor, and may be revoked at any time before his death. A gift inter vivos may be of either real or persotaal property, but a gift causa mortis can only be of personalty. In both cases there must be an actual delivery of the thing given. If it be real property, this, of course, is done by delivery of a deed. A chose in action is the subject of a gift, as a general proposition, but just what must be done to constitute a valid and binding gift is not always clear from the cases; it must be such an act, however, as indicates a clear intention to make the gift. Where a father wrote the name of his infant child on a lot- tery ticket, which he had bought, and declared, both then and after the ticket had drawn a prize, that the ticket and the prize money were hers, and that he had given them to her, it was held that this was a valid gift. Grangiac v. Ardcn, 10 Johns. 293. Generally, the gift of an insurance policy is binding on the donor. Matter of Babcock, 12 St. R. 841; Hurlburt v. Hurlburt, 49 Hun, 189; S. C, 17 St. R. 31 ; Phipard v. Phipard, 55 Hun, 433 ; S. C, 29 St. R. 294. Also, the exe- cution and delivery of a bond and mortgage on the donor's property by way of gift. Faber v. Willets, 44 Hun, 346. A receipt for a sum to be indorsed on a mortgage held by a father against his son's property, held to be a valid gift- Carpenter V. Soule, 88 N. Y. 251. Certificates of stock may be the subject of a gift by delivery. Allerton v. Lang, 10 Bosw. 362 ; or other valid transfer when delivery merely is not suffi- cient. Van Dusen v. Rowley, 8 N. Y. 358. And it has been held that wlievp GUARANTIES. 631 a donor had paid for stock, and was entitled to it, but had not yet received the certificate, he could make a valid gift of it. De Caiunont v. Bogert, 36 Hun, 382. See also Frances v. N. Y. & Brooklyn El. R. R. Co., 17 Abb. N. C. 1 ; S. C, 108 N. Y. 93. A gift causa morlis is subject to the rights of creditors of the donor, and may be defeated by such creditors if the assets of the donor's estate are insufficient to pay the debts. The forms of conveyance for gifts may be by assignment, bill of sale, deed, mortgage, or delivery of possession of a chattel with appropriate words indicat- ing an intention to make the gift. There can be no consideration for a gift other than love and affection, but written conveyances sometimes express a consideration of $1. Such an expression, however, has, in most cases, little or no effect upon the validity of the gift. CHAPTEE XXXII. GUARANTIES. (See also title Contracts and Agreements.) A GTJAKANTT is an undertaking to answer for another's liability, and is col- lateral to the liability of the principal. In other words, it is a collateral under- taking to pay the debt of another if he does not pay it. It is distinguished from suretyship in the fact that a guaranty is a collateral liability, while the con- tract of a surety creates a primary liability. While under the common law a contract of guaranty could be made by parol, the English Statute of Frauds (29 Car. II, c. 3), which has been re-enacted in nearly all the States of the Union, requires that it be in writing in all cases. A contract of guaranty, like other contracts, requires a consideration to make it binding on the guarantor. This consideration may be the same that sup- ports contracts generally. The extension of credit to the principal debtor is nearly all the States of the Union, requires that it be in writing in all cases. As a general proposition, any variance from the terms of the contract of the original debtor will discharge the guarantor. FORMS IN THIS CHAPTER. No. Page. Guaranty of payment of debt upon extension of credit 1 631 The same — Upon sale of goods on credit 2 632 Guaranty of payment of note or bond 3 632 Guaranty indorsed on lease 4 632 Guaranty of payment of debt In suit 5 632 Guaranty of performance of contract 6 633 Guaranty to bank of payment of number of notes, checks, etc 7 633 No. 1. Guaranty of Payment of Debt upon Extension of Credit. In consideration that A. B. extend the payment of the debt, amounting to $100, now owing from C. D. to said A. B., to the day of 19. . ., I, E. F., hereby guarantee the payment of said sum upon said last-men- tioned date, by said C. D. Witness my hand, this day of , 19. . . E. F. 632 cleek's assistant. No. 2. The Same — T7i>oii Sale of Goods on Credit. In consideration that A. B. shall sell to C. D., goods, consisting of , on credit, said credit not at any time to exceed the sum of dollars, I, E. F., hereby guarantee the payment to said A. B., by C. D., of any sum not exceeding dollars, which the said C. D. may be owing to A. B., at any time within the life of this guarantee, if the said C. D. fails to pay the same within thirty days from the time any such amount may become due and payable (providing, however, that such debt is created in the sale of the class of goods hereinbefore specified ) . This guaranty shall remain in force until the day of , 19. . . {or, shall remain in force until revoked in writing; or, until the day of , 19. . ., unless sooner revoked in writing). Witness my hand, this day of , 19 . . . E. F. No. 3. Guaranty of Payment of Note or Bond. For value received, I hereby guarantee the prompt payment of the within note {or, bond) at maturity. Dated, , 19.. . A. B. No. 4. Guaranty Indorsed on a Lease. For value received {or, in consideration of the letting oi the premises within described, to ) , I guarantee the prompt payment of the rent reserved in the within lease (and the performance of the covenants therein contained) and hereby waive notice of nonpayment or nonperformance by said A. B., the lessee, and proof of notice or demand being made whereby to charge me therefor. Dated, , 19 . . . CD. No. 5. Guaranty of Payment of Debt in Suit. In consideration that A. B. shall discontinue a suit now pending in the Su- preme Court, New York county, against C. D., to recover the sum of dollars, I, E. F., hereby guarantee the payment to said A. B., of said sum of dollars, on or before the day of , 19. Dated, , 19. . . (Add acknowledgment clause.) E. F. GDAEDIAN AND WARD. QXj No. 6. Guaranty of Performance of a Contract. For value received {or, recite the real eonsideiation), I, A. B., do hereby guarantee the faithful performance, by C. D., of the within {or, foregoing) contract between said C. D. and E. F., within the time and according to the terms of said contract. And I hereby waive any and all notice or notices of nonperformance or demand upon the said A. E. Dated, , 19.. . C. D. (Add acknowledgment.) No. 7. Guaranty to Bank of Payment of a Number of Notes, Checks, etc. For value received, I, A. B., hereby guarantee to the Bank, its successors and assigns, prompt payment of the bills, notes, checks, and other evidences of debt hereinafter mentioned and described, together with all ex- penses for the collection thereof, including protest fees, counsel fees, costs of court, and any and every proper expenses in connection with the collection thereof, with or without legal proceedings in court. (Add description of notes, etc.) Dated, , 19.. . A. B. CHAPTEE XXXIII. GUARDIAN AND WARD. Obiginallt a guardian was one who legally had the care and management of a person, or estate, or both, of a child during its minority. By statute, how- ever, in many of the States, a guardian may be appointed of the person, or es- tate, or both, of any incompetent person, whether a minor or not. In New York and many of the other States, where the incompetency arises from infancy, the application for the appointment may be made by the infant, if over the age of fourteen ; if under that age, by various relatives or next friends, in the order mentioned in the statute. Where, however, the incompetency does not arise from infancy, the application is never made by the incompetent. In New York, the person who is appointed to take care of the person and estate of an incom- petent not an infant, is called a committee. But the duties and liabilities are much the same under whatever name he is known. Guardians are trustees, and their powers and duties generally are governed by the rules of law applicable to trustees. For example, they cannot deal in the ward's property for their own benefit, and if they attempt to do so, may be called upon to account to the ward for all profits made in the transaction. They may be removed for cause, and others appointed in their "lace. They have the custodv of the infant's person, and are bound to support their wards. Under the New York statute, the guardianship of an indisjent child may be committed to an incorporated orphan asylum. (L. 1884, c. 438; 3 R. S. [9th ed.], 2618. )l A trust company may be appointed guardian of an infant. (Banking ' Tbls act was partially repealed by the Domestic Relations Law (L. 1896, c. 272). 634 cleek's assistant. L., §§ 157, 158.) Or a society for the prevention of cruelty to children. (Mem. Corp. L., § 72.) The subject of guardians is treated generally in New York, in article \ of the Domestic Relations Law (L. 189t>, c. 272, §§ 50-54). Proceedings for the appointment of general guardians in New York are gov- erned by section 2821 et seq. of the Code of Civil Procedure, and the forms given herewith comply with these sections. The Supreme Court has power to appoint guardians of infants, irrespective of the Code. Matter of White, 40 App. Div. 165. And see rule 52 et seq. of the General Rules of Practice. The subject of guardians ad litem is governed in New York b-' the provisions of the Code of Civil Procedure, §§ 468-477, 1679, and 3249; and rules 49-51, of the General Rules of Practice. In partition, by Code Civ. Pro., §§ 1535-1536, and 1820. In Justices' Courts, by §§ 2887, 2888. In Surrogates' Courts, by §§ 2530, 2531. FORMS IN THIS CHAPTER. No. Page. Petition by Infant over fourteen years of age 1 634 Consent of guardian 2 63."i Affidavit of property 3 63.") Petition where Infant Is under fourteen years of age 4 636 Decree appointing guardian 5 636 No. 1. Petition by Infant over Fourteen Years of Age. (Code Civ. Pro., §S 2822 et seq.) SURROGATE'S COURT County. : 1 In the Matter of the Appointment of a | Guardian i \ John Doe, ] an Infant. To the Surrogate's Court of the County of : John Doe, your petitioner herein, respectfully shows to the court: I. That your petitioner is an infant over the age of fourteen years, to-wit, of the age of years; that he resides at in the county of ; that your petitioner is the owner of the following property, now ■situated in the county of (briefly describe property) . Petitioner further shows that no general guardian has heretofore been ap- pointed of your petitioner's person, or his property, either by a court of com- petent jurisdiction of this State, or by the will of petitioner's father or mother. (AVhere a general guardian, so appointed, has died, has become disqualified, re- fuses to act, has been removed, or his term of office has expired, state the facts.) (If the petitioner is a nonresident married woman, and the petition relates to GUARDIAN AND WAED. 635 personal property only, it must iiffirmatix ely show tliat the property is not sub- ject to the control or disposition of her husband by the law of the petitioner's residence. ) Petitioner further shows that neither his father nor mother are living. (If either the father or mother is living, and is not named as the proposed guardian in the petition, reasons must be given why the request is to appoint a person other than such father or mother.) (If the father or mother be living) Petitioner prays that a citation issue to ( father or mother ) , to show cause why a decree should not be made in conformity with this petition. (If the petitioner is a married woman, her husband must also be cited, and in that case the surrogate may, in his discretion, make a decree without citing the father or mother. ) Wherefore, your petitioner prays that be appointed guardian of your petitioner's person (and property). Dated , 19... STATE OF NEW YORK, County of Petitioner. i' , being duly sworn, deposes and says, that he is the petitioner named in the foregoing petition; that said petition is true of his own knowledge, except as to such matters as are therein stated to be alleged on information and belief, and that as to those matters, he believes it to be true. Sworn to before me, this day of ,19... \ No. 2. Consent of Guardian, to be Annexed to Petition. J of , hereby consent to be appointed guardian of , the person (and property) of , named in the foregoing petition. Dated, ,19... No. 3. Affidavit as to Property which May be Annexed.2 STATE OF NEW YORK, ) ^ _ County of , i , being duly sworn, deposes and says (give facts showing affiant's knowledge of the property, and its value). Sworn to. etc. - The surrogate is bound to make nn and In others an oral examination is inquiry as to the Infant's property. An had for that purpose, affidavit may be sufficient In some cases 636 cleek's assistant. No. 4. Petition where Infant is Under Fourteen Years of Age. (Code Civ. Pro., § 2827.) (A relative or other person on behalf of the infant may make the petition. Form No. 1 applies, with such changes as will readily be suggested. In this ease, the surrogate must nominate, as well as appoint. The guardian tonly serves until the infant reaches the age of fourteen. ) No. 5. Decree Appointing O-uardian. (Code Civ. Pro., § 2825.) At a Term of the Surrogate's Court, held in and for the County of , on the day of , 19 . . . Present — Hon , Surrogate. In the Matter of the Guardianship of an Infant. A petition having been duly made for the appointment of a general guardian of the person and estate of , an infant, the age of fourteen years, and said application having come on regularly to be heard; now, on read- ing and filing the petition of , verified the day of , 19 ... , together with the citation directed to , and , with due proof of service thereof (state all jurisdictional facts), and the surrogate having duly heard the allegations and proofs, and inquired into the circum- stances of said infant, and ascertained the value of his property, and being sat- isfied that the interests of the said infant will be promoted by the appointment of such guardian ; on motion of , attorney for , it is hereby Ordered and decreed, that be, and he hereby is (nominated and appointed, if infant is under fourteen) appointed guardian of the person and estate of said infant , upon said guardian duly qualifying by tak- ing an oath or affirmation to well and truly discharge the duties of such guard- ian, according to law, and executing a, bond to said infant, according to law,* in the penal sum of dollars, with at least two sureties, to be ap- proved by the surrogate, and filing the same with the clerk of this court ; and, upon thus qualifying, letters of guardianship be issued to said , ac- cordingly. ' Where the guardian is of the per- property alone, tlie bond must be twice son only the surrogate may determine the value of the personal property and whether or not a bond shall be required, of the rents and profits of the real prop- and if so its amount. When the guard- erty. ianship is of the estate also, or of the HIGHWAYS. 637 CHAPTER XXXIV. HIGHWAYS. The forms given in this chapter are for New York State only, and follow the Highway Law, which is contained in chapter 19 of the General Laws (L. 1890, <•. 568). FORMS IN THIS CHAPTER. No. Page. Undertaking of the treasurer of highway commissioners 1 639 Order ascertaining and describing road 2 640 Order dividing town Into road districts 3 640 Another form for division of town into highway districts 4 641 Appointment of overseers of highways 5 641 Notice of appointment as overseer 6 641 Acceptance 7 642 Notice of application for additional appropriation 8 642 Consent of town board 9 642 Town clerk's certificate to transcript 10 642 Request for special session of town board to audit expenses 11 643 Certificate of supervisor and town clerk 12 643 Account with verification and certificate of commissioner of highways.. 13 644 Complaint that toll-bridge is unsafe 14 645 Notice to owners of toil-bridge 15 645 Application to lay water-pipes in the highway 16 645 Permission to lay and maintain water-pipes in highway 17 646 Verified statement of cause of action 18 646 Commissioner's report to first meeting of town board 19 646 Commissioner's report to second meeting of town board 20 647 Notice to remove obstructions 21 648 Security to be given by complainant to indemnify town, etc 22 648 Complaint to commissioner against overseer 23 649 .Another form for security to commissioners for prosecuting overseer.... 24 649 Overseer's list of persons liable to highway labor 25 650 Commissioner's list of nonresident lands 26 650 Another form for list and statement of nonresident lands by commis- sioners 27 651 Commissioner's assessment of highway labor 28 651 Road warrant 29 652 Assessment by overseer of persons left out of the list 30 655 Appeal by nonresident 31 655 Notice by the owner or his agent of the appeal to the commissioners of highways 32 656 Another assessment by overseer 33 656 Order of commissioners for trees and sidewalk 34 656 Application to expend highway tax for sidewalks 35 657 Authority to expend highway tax for sidewalk 36 658 Certificate of anticipation 37 658 Assignment to be indorsed on the back of certificate in case of transfer. 38 658 Application for a vote to change system of working highways 39 659 Notice to corporation to be served on agent or filed In office of town clerk, 40 659 Notice to agent of nonresident 41 659 Notice to nonresidents to be filed In the ofilce of town clerk 42 660 Overseer's return to supervisor 43 660 Another form for overseer's return to supervisor 44 661 Overseer's annual account 45 662 Another form for annual return of overseers 46 664 638 No. Page. Notice to occupant to cut weeds, brush, and briers 47 660 Overseer's report to commissioners of amount expended cutting weeds. . 48 667 Commissioner's certificate to the supervisor 49 667 Order laying out highway on release from owners 50 668 Dedication of land, and release of damages 51 668 Consent of town board to lay out or alter a highway 52 669 Order laying out or altering a highway with the consent of town board. . 53 670 Uelease of damages by owner of the land 54 671 Application to lay out a highway 55 671 Application to lay out road 56 671 Application to alter a highway 57 672 Application for the alteration of a road 58 672 AppUoatiou to discontinue a highway 59 67.3 Application to discontinue old road 60 673 Application for commissioners 61 674 Order appointing commissioners 62 67.> Notice to commissioners of their appointment 63 675 Subpoena by commissioners 64 675 Oath to be administered by commissioners to witnesses 65 676 Notice of meeting of commissioners 66 676 Affidavit of posting and service of notice 67 676 Certificate of commissioners in favor of applicant 68 677 Certificate of commissioners denying application 69 678 Notice of motion 70 67S Notice of motion to vacate or modify decision 71 678 Order confirming decision of commissioners 72 67!) Order vacating or modifying decision 73 679 Laying out highway on the certificate of commissioners 74 679 Owner's consent for a highway to be laid through an orchard 75 680 Certificate to the County Court to lay out a highway through an orchard, 76 680 Order of County Court to lay out highway 77 681 Order of the appellate division 78 681 Laying out of highway 79 682 Subpoena by commissioners 80 682 Oath to witnesses 81 683 Application to lay out a highway on town line 82 683 Order of commissioners for laying out a highway on the line between two towns 83 683 Description of highway abandoned 84 684 Notice to remove fences 85 684 Notice to remove fallen trees 86 683 Notice to remove obstruction or encroachment 87 685 Application for a private road 88 685 Notice to owner and occupant 89 686 Affidavit of service of notice 90 686 Oath of jury 91 687 Summons for a jury to determine the propriety of laying out a private road 92 687 Verdict of Jury 93 687 Certificate laying out a private road 94 68S Statement to the supervisor of the expenses of bridges 9;" 6&S Notice to commissioners of adjoining towns 9fi 689 Consent to rebuild or repair bridge 97 689 Petition of freeholders to commissioners of adjoining towns 98 690 Commissioner's refusal to build bridge 99 690 Notice of motion 100 691 Affidavit for an order to bnlld a bridge 101 692 Order of court to rebuild bridge 102 692 Notice to owner of lands of application for a license for a ferry 103 693 HIGHWAYS. 63'.' No. Pagt. Application for a (erry by a person not owning the land 104 (ifi: Proof of service of notice 105 ii'.i4 Application for ferry by the owner of the land 10(5 (isi4 License for a ferry 107 Supervisor of (One surety is sufficient, if satisfactory to supervisor. If two or more exe- cute the undertaking, the justification nmst be drawn accordingly, or a separate one for each surety.) 640 cleek's assistant. No. 2. Order Ascertaining and Describing Boad. (Id., § 4, subd. 2.) Whereas, a road, used as a highway, in the town of , county of , leading from to , was laid out by the com- missioners of highways of said town, on the day of , 19. . ., but not suifieiently described ( or, has been used as a public highway for twenty years last past, but not recorded) ; now, therefore, we, the undersijgned com- missioners of highways of said town, having met at the house of , in said town, for the purpose of causing said road to be ascertained, described, and entered of record in the town clerk's office, — all the said commissioners being present, and having deliberated (or, all the said commissioners having been duly notified to attend this meeting for the purpose of deliberating) on the sub- ject embraced in this order, do hereby order that the said road be ascertained, described, and entered of record. And the said commissioners, having caused a survey of the said road to be made, do further order that said road is hereby as- certained and described according to the said survey, being as follows : Beginning at ( insert survey ) . And it is further ordered that the line above described be the center line of the said road, and that the said road be of the width of three rods. In witness whereof, the said commissioners have hereunto subscribed their names the day of , 19 . . . ( Signatures. ) No. 3. Order Dividing Town into Boad Districts. (Id., subd. 3.) The undersigned, commissioners of highways of the town of , in the county of , having met and deliberated on the subject embraced in this order; all said commissioners being present, and having deliberated thereon ( or, all said commissioners having been duly notified to attend here for the purpose of deliberating thereon) , do hereby order that the said town be, and the same is hereby divided into ten road districts, as follows, to-wit: Eoad district No. 1 shall include all that part of said town lying between, etc., ; and all the inhabitants residing in said district, and liable to work on highways, shall be, and are hereby assigned to work in said district No. 1. (If any out of said district be assigned to work therein, insert. ) And the follow- ing inhabitants residing out of said district, are hereby assigned and required to work therein, to-wit: , etc. District No. 2, etc. (proceed in like manner till all are described). In witness whereof, we have hereto subscribed our names this day of ,19... (Signatures.) HIGHWAYS. 6-±l No. 4. Another Form for Division of Town into Highway Districts. (Id.) The undersigned, commissioners of highways of the town of , in the county of , hereby divide the highways of said town into districts, as follows: District No. 1 shall comprise (here insert the description thereof, and in like manner of all the other districts ) . And we hereby assign to each of said districts the inhabitants and corpora- tions, respectively, residing or located therein and liable to work on highways. (Or, if any person or corporation is assigned to a highway district of which he or it is not an inhabitant, or located, but is liable to be assessed for the high- way labor therein, it must be so stated.) Dated, this day of , 19 . . . Commissioners of Highways. No. 5. Appointment of Overseers of Highways. (Id., subd. 5.) The undersigned, commissioners of highways of the town of , in the county of , hereby appoint the following residents of the re- spective districts to be overseers of the highways of said town for the ensuing year: District No. 1. — District No. 2. — District No. 3. — Dated, this day of , 19 . . . , ...., ■ J Commissioners of Highways. No. 6. Notice of Appointment as Oversear. (Id.) TOWN OF , j Dated, ,19... f**'' To ,Esq.: You are hereby notified that you were this day, by the commissioners of high- ways of said town, appointed overseer of highways of road district No 41 642 You will, therefore, deliver to the elerk of the town, within sixteen days after your appointment, a list, subscribed by you, of the names of all the inhabitants- in your highway district who are liable to work on the highways. Please sign and return the following acceptance. Yours, etc.. ■ Town Clerk. No. 7. Acceptance. (Id.) To , Town Clerk, Town of ; I hereby accept the oifice of overseer of highways in district No , to which I was appointed the day of , 19 . . . Bated, this day of , 19 . . . No. 8. Notice of Application for Additional Appropriation. (Id., § 9.) Notice is hereby given to the electors of the town of , in the county of , that the commissioners of highways of said town are of the opin- ion that the sum of five hundred dollars, as now allowed by law, will be insuffi- cient to pay theexpenses actually necessary for the improvement of roads and bridges in said town, and that the additional sum of two hundred and fifty dol- lars is necessary to make a bridge across the creek, near ( or, to repair the bridge, etc., or, to improve the road at, etc. ) . And that we, the undersigned, commissioners of highways of said town, shall, at the next annual town meeting of said town, to be held at , on the day of March next, cause a vote to be taken by ballot authorizing the said sum of to be raised for the purpose aforesaid. Dated, etc. (Signed.) No. 9. Consent of Town Board to Extraordinary Repairs of Highway or Bridge. (Id., § 10.) COUNTY OF ) ^ . Town of , ) At a special meeting of the town board of said town, called bv the supervisor {or, town clerk) thereof, held on this day of , 19. . ., the fol- lowing preamble and resolution was adopted: Whereas, The highway {or, bridge), known as (here describe it), was de- stroyed by (describe how), on , 19. . . {or, has become damaged). HIGHWAYS. 643 and there are not sufficient moneys in the hands of the commissioners of high- ways to rebuild {or, repair) the same; therefore, be it Resolved, That we do hereby consent that the commissioners of highways of the town of cause said highway {or, bridge) to be immediately re- built {or, repaired) according to law. (Town board sign here.) No. 10. Town Clerk's Certificate to Transcript. (Id.) ■ ■ ' y ss. . . 1 I do hereby certify that I have compared the above transcript of the proceed- ings of the town board of said town, at a special meeting held on the day of , 19 ... , with the original record thereof in my office, and that the same is a correct transcript therefrom, and of the whole of such original. Dated, this day of , 19 . . . TOWN OF Office of Town Clerk. Toien Clerk. No. 11. Request for Special Session of Town Board to Audit Expenses. (Id., § 11.) To the Supervisor ( or. Town Clerk ) of the Town of , in the County of -. The undersigned, commissioners of highways of said town, do hereby request that the town board be convened in special session, for the purpose of auditiner the bills and expenses incurred in the erection ( or, repair ) of the highway ( or, bridge) under the consent given by said board on the day of , 19... Dated, this day of , 19 . . . , Commissioners of Highways. No. 12. Certificate of Supervisor and Town Clerk. (Id.) COUNTY OF , ( > ss. : Town of , ) The undersigned, supervisor and town clerk of said town, do hereby certify that at a special session of the town board this day held, for the purpose of auditing and allowing the bills and expenses incurred in the erection or repairs of the highway (bridge), by the commissioners of highways of said town, under 644 CLEKK S ASSISTANT. the consent given by said town board, on the day of 19 . the following bills and accounts were audited and allowed with interest : In whose favor. Nature of work done and material furnished. Amount allowed. • Dated, this day of , 19 . ., Supervisor. ., Town Clerk. No. 13. Account with Verification and Certificate of Commissioners of Highways. (Id., § 12.) The Town of , to , Dr. January, 19 ... , to (days' labor on) $ January, 19 . . . , to ( feet of plank ) Total , COUNTY OF Town of . . . .;"h-' , being duly sworn, says he is the claimant in the above account, and that the items of said account are correct, and that the disbursements and services charged therein have been in fact made or rendered, or are necessary to be made or rendered at this session of the board, and that no part of the same has been paid or satisfied. Subscribed and sworn to before me, this j day of , 19.. . j Justice of the Peace. COUNTY OF , I Town of , i The undersigned, commissioners of highways of said town, do hereby certify that in the foregoing account of , the services mentioned wer ac- tually performed, and the material mentioned, was actually furnished, and the same was so performed and furnished at their request. Dated, this day of , 19. . . , Commissioners of Highways. HIGHWAYS. 645 No. 14. Complaint that Toll-Bridge is Unsafe. (W., § 13.) COUNTY OF , 1 Town of , (■**••■ , being duly sworn, complains on oath to the commissioners of highways of the town of , in the county of , that, he be- lieves the toll -bridge belonging to , situated on the ( give name of stream), at (describe place), has become, and is, unsafe for public use, and that the reasons for his belief are as follows: (set forth reasons). Subscribed and sworn to before me, this day of , 19... f Justice of the Peace. No. 15. Notice to Owners of Toll-Bridge. (Id.) To (owners, or, agent of the owners, acting as agent in respect to such bridge, as the case may be) : You are hereby notified that the commissioners of highways of the town of , in the county of , have, on complaint made, carefully and thoroughly examined the toll-bridge situated on the , at (describe the situation) , and found it to be unsafe for public use. (State briefly wherein it is unsafe. ) Dated, this day of , 19. . . , J > Commissioners of Highways. No. 16. Application to Lay Water Pipes in the Highway. (Id., § 14.) To the Commissioners of Highways in the Town of , in the County of : The undersigned, a resident of the said town of , does hereby make application to you for permission to lay and maintain water pipes and hydrants under ground, within the highways of said town, for the purpose of supply- ing his premises with water, pursuant to section 14 of the Highway Law, as follows: (Here describe where the pipes are proposed to be laid.) Dated, this day of , 19 . . . 646 cleek's assistant. No. 17. Fermission to Lay and Maintain Water Pipes in Highway. (Id.) The undersigned, commissioners of highways of the town of , in the county of , on the written application of , do hereby grant permission to said to lay and maintain water pipes and hy- drants under ground within the highways of said town, for the purpose of sup- plying his premises with water, as follows : ( Here describe where the pipes are to be laid.) But such pipes are not to be laid under the traveled portion of the highway, except to cross the same; and this permission is upon condition that such pipes and hydrants shall be so laid as not to interrupt of interfere with public travel upon the highway, and that the applicant shall replace all earth removed, and leave the highway in all respects in as good condition as before the laying of such pipes. Dated, this day of , 19 . . . , > Commissioners of Highways. No. 18. Verified Statement of Cause of Action. (Id., i 16.) To , Supervisor of the Town of , in the County of : I claim a cause of action against the said town of , by reason of defects in the highway (or, a bridge) in said town, and the following is a state- ment of such cause of action: (Here state cavise of action as in a complaint in an action.) Dated, this day of , 19 . . . ( Verification the same as to complaint in an action. ) No. 19. Commissioner's Report to first Meeting of Town Board. (Id., § 19.) The undersigned, commissioners of highways of the town of , in the county of , hereby render to the town board of said town the fol- lowing report: 1. The highway labor assessed in said town for the year ending on , 19. . ., was days; and the highway Jabor performed in said town during the said year was days, as appears by the accounts rendered them by the sev- eral overseers of highways in said town. HIGHWAYS. 647 2. The said commissioners have received during the said year, the following sums of money for penalties, commutations, and from all other sources : Date. From whom received. On vrhat account. Amount, 3. They have paid out during the said year, for which they have receipts in full, the following siuns: Date. To whom paid. On what account. 4. The improvements which have been made on the highways and bridges in said town during said year, are as follows: (Specify improvements.) And the highways and bridges in said town are (specify the condition they are in.) Dated, this day of , 19 . . . Commissioners of Highways. No. 20. Commissioner's Beport to Second lleeting of Town Board. (Id.) The undersigned, commissioners of highways of the town of , in the county of , hereby render to the town board of said town, the following report: 1. The following improvements are necessary to be made on the highways and bridges in said town during the next fiscal year, viz.; (here specify the improvements deemed necessary.) 2, The probable expense of making such improvements beyond what the labor to be assessed will accomplish, is by us estimated at $ Dated, this day of , 19 . . . t Commissioners of High/um/ya. 648 clebk's assistant. No. 21. ITotice to Kemove Obstructions. (Id., § 21.) To , Overseer of Highway, District No , of the Town of , in the County of ; We, the undersigned inhabitants of said town, liable to payment of highway tax, hereby give notice, that the highway in said district is obstructed by snow (or, otherwise) at (describe where), and request that you forthwith proceed to remove said obstruction. Dated, this day of , 19 . . . Note. Encroachments, etc. — " Defective highway " defined. Whitney v. ToXvn of Ticonderoga, S3 Hun, 214; 24 St. R. 950; aff'd, 37 id. 135. Where order, under Laws of 1890, chapter 568, section 105, for removal of building has been served, injunction to restrain threatened injury may be main- tained, without waiting further action. Flood v. Van Wormer, 70 Hun, 415, 53 St. E. 682. Where copy of order to remove obstructions in highway is annexed to, and referred to, in notice, it supplies omissions in notice itself. Olendorf v. Sulli- van, 36 St. R. 74. Notice to remove encroachment simply requires description specifying its ex- tent and location. Town of Sardinia v. Butler, 78 Hun, 527, 61 St. R. 380. Certificate in proceedings to remove encroachment on highway held to suffi- ciently state particulars of encroachment. Kerr v. Hammer, 39 St. R. 708. Statement that encroachment was made by fences on defendant's land suffi- ciently sets forth by whom encroachment was made. Id. Encroachment must extend within boundary established by such use. Wake- man V. Wilbur, 21 St. R. 556. All highways, laid out or used for twenty years, are subject to penalty for obstruction. Baylis v. Roe, 24 St. R. 710. Time and manner of using sidewalk in transferrii.g goods from street to store must be reasonable with reference to rights of public. McCarten v. Flagler, 69 Hun, 134; 52 St. R. 743. No. 22. Security to be Given by Complainant to Indemnify Town, etc. (Id., § 23.) Whereas, Complaint has been made by , a resident of the town of , that , overseer of highways of road district No , in HIGHWAYS. 649 said town (state ground of complaint) ; now, therefore, we, princi- pal, and , and , sureties, of the town of , in the county of , N. Y., do hereby, jointly and severally, undertake to, and with the said town, to indemnify said town and pay the costs and expenses, if any, of the prosecution for such penalty, incurred in an action brought in the name of the said town by said complainant. Dated, the day of , 19. . . (Acknowledgment and justification clauses, and approval by supervisor.) No. 23. Complaint to Commissioner against Overseer. (Id.) To the Commissioners of Highways of the Town of : The complaint of , a resident of the town of , respect- fully showeth that , the overseer (5f highways for road district No. . . . ., in said town, has neglected and refused to warn to work on the highways in said district, after having been required so to do by the com- missioners, or one of them. And the said hereby requires the said commissioners of highways to prosecute the said for said offense. Dated, etc. No. 24. Another Form for Security to Commissioners for Prosecuting Overseer. (Id.) Whereas, has made complaint to the commissioners of highways of the town of , that ,•■■■, overseer of highways for road dis- trict Xo , in said town, has neglected and refused to ( insert matter com- plained of ) ; now, therefore, we, , and , of said town, do hereby undertake, pursuant to the statute in such case made and provided, that we will well and truly indemnify and save harmless, the said town of , against any costs which may be incurred in prosecuting for the penalty an- nexed to such refusal or neglect. Dated, etc. (Signed.) (Acknowledgment and justification clauses, and approval of supervisor.) 650 CLEEK S ASSISTANT. No. 25. Overseer's List of Persons Liable to Highway Labor. (Id., § 31.) I, , overseer of highway district No , of the town of , do hereby certify that the following is a true and correct list of all the inhabit- ants who are liable to work on the highways in said district. Names. Dated, this day of , 19. . . Overseer of Highway District Vo. No. 26. Commissianer's List of Nonresident Lands. (Id., § 32.) The following is a list and statement of the contents of all lots, pieces or parcels of land within the town of , in the county of , owned by nonresidents thereof, made by the undersigned, commissioners of high- ways of said town: Name of tract or patent. .o o 9 O TownBhlp. 9g ^ « ia Valuation. Dated, this day of , 19 . . Commissioners of Highways. HIGHWAYS. 651 No. 27. Another Form for List and Statement of ITonxesident Lands by Com- missioners. (Id.) The commissioners of highways of the town of , at a meeting of which due notice was given to all the commissioners of highways of said town, and held on the day of , in the year 19 ... , have made out the following list and statement of the contents of all lots, pieces, or parcels of land within said town of , owned by nonresidents thereof, through which any road in said town doth run, or which bound upon or joins any road, and which, in the juiigment of said commissioners, will be enhanced in value by the highway labor to be assessed thereon. Owners. Number of rood districts. Description of land. Value. Dated this day of , 19 . . Commissioners. No. 28. Commissioner's Assessment of Highway Labor. (Id., § 33.) The undersigned, commissioners of highways of the town of Pittstown, in the county of , having met at , in said town, for the pur- pose of ascertaining, estimating, and assessing the highway labor to be performed in said town the ensuing year, all the commissioners being present and having deliberated thereon {or, all the commissioners having been duly notified to be present at this said meeting, for the purpose of deliberating thereon) do hereby ascertain, estimate, and assess such labor as follows: 1. The whole number of days' work assessed for the year is , being at least three times the number of taxable inhabitants in said town. 2. Every male inhabitant above the age of twenty-one years (excepting all honorably discharged soldiers and sailors who lost an arm or leg in the service of the United States, during the late war, or who are unable to perform manual labor by reason of injuries received, or disabilities incurred, in such service, members of any fire company formed or created pursuant to any statute and 652 CLEEK S ASSISTANT. situated within said town, persons seventy years of age, clergymen and priests of every denomination, paupers, idiots, and lunatics), there being , is assessed one day {or, two days, etc.). 3. The residue of such work being , is assessed as follows, to-wit: Names. No. of days. The lands in said town owned by nonresidents are assessed as follows, to-wit: Description of lands. A parcel of land bounded as follows: (insert boundaries) No. of acres. Valuation according to last assessment. No. of days. Road district. In witness whereof, we have hereto set our hands, this day of , 19... ( Signatures. ) No. 29. , Boad Warrant. (Id.) To , Overseer of Highways in District No , of the Town of , which begins at , and ends at : I. You will give at least twenty-four hours' notice to all residents of your district, and corporations herein assessed to work upon the highways therein. of the time and place at which they are to appear for that purpose, and with what teams and implements, and that they will be allowed at the rate of one day for every eight hours of work on the highways, between seven o'clock in the forenoon and six o'clock in the afternoon. The notice to corporations shall be served personally on an agent thereof residing in the town, if any, or if none, by filing the notice in the office of the town clerk at least five days before the labor shall be required; and any number of days, not exceeding fifty, may be required to be performed by any such corporation in any one day. ( § 60. ) II. You will give at least five days' notice to every resident agent of every nonresident landholder, whose lands are assessed, of the number of days such nonresident is assessed, and the time and place at which the labor is to be per- formed. If you cannot ascertain that such nonresident has an agent within the town, you will file a written notice in the office of the town clerk, at least HIGHWAYS. 653 twenty days before the time appointed for performing such labor, containing the names of such nonresidents, when known, and a. description of the lands assessed, with the number of days' labor assessed on each tract, and the time and place at which the labor is to be performed. (§ 61.) III. Every person and corporation shall work the whole number of days for which he or it shall have been assessed, except such days as shall be commuted for at the rate of $1 per day, and such commutation money shall be paid to you within at least twenty-four hours before the time when the person or corporation is required to appear and work upon the highway; but any cor- poration may pay its commutation money to the commissioner of highways of the town, who shall pay the same to you as such overseer. ( § 62. ) IV. You may require a team, or a cart, wagon, or plow, with a pair of horses, or oxen, and a man to manage them, from any person having the same within your district, who shall have been assessed three days or more, and who shall not have commuted for his assessment; and the person furnishing the same upon such requisition shall he entitled to a credit of three days for each day's service therewith. (§ 63.) V. The names of persons or corporations omitted from this list, and of new inhabitants, shall, from time to time, be added thereto, and they shall be as- sessed by you as such overseer in proportion to their real and personal estate, to work on the highways as others assessed by the commissioners on this list, subject to an appeal to the commissioners of highways. (§ 35.) VI. Every person or corporation assessed to work on the highways, and warned, who does not commute therefor, may appear in person or by an able- bodied man as a substitute. A day's labor shall he eight hours of work, and every person or corporation assessed more than one day shall be allowed to work ten hours in each day. (§ 64.) VII. You, as such overseer of highways, shall, on or before the first day of October in each year, make out and deliver to the supervisor of your town, a, list of all persons and corporations who have not worked out or commuted for their highway assessment, with the number of days not worked or commuted for by each, charging for each day in such a list at the rate of $1.50 per day; and also a list of all the lands of nonresidents and persons unknown, which were assessed on your warrant by the commissioners of highways, or added by you, on which the labor assessed has not been performed or commuted for, and the number of days' labor unpaid by each, charging for the same at the rate of $1.50 per day, which list shall be accompanied by your affidavit that you have given the notice required to appear and work, and that the labor spe- cified in the list returned has not been performed or commuted. (§ 66.) VIII. You shall, on the second Tuesday next preceding the time of holding the annual town meeting in your town, within the year for which you are elected or appointed, render to one of the commissioners of highways of the town, an account in writing, verified by your oath and containing 1. The names of all persons assessed to work on the highways in the district of which you are overseer. 654 CLEEK S ASSISTANT. 2. The names of all those who have actually worked on the highways, with the number of days they have so worked. 3. The names of all those from whom penalties have been collected, and the amounts thereof. 4. The names of all those who have commuted, and the manner in which the moneys arising from penalties and conmiutations have been expended by you. 5. A list of all persons whose names you have returned to the supervisor as having neglected or refused to work out their highway assessments, with the number of days and the amount of tax so returned for each person, and a list of all the lands which you have returned to the supervisor for nonpayment of taxes, and the amount of tax on each tract of land so returned; and you shall then and there pay to the commissioners of highways all money remaining in your hands unexpended. (§ 69.) IX. You shall, between the fifteenth day of June and the first day of July, and between the fifteenth day of August and the first day of September, give written notice to any occupant of the premises, to cut all weeds, briers, and brush growing within the bounds of the highway; if such occupant shall not cut such weeds, briers, and brush, as so required, within ten days after receiv- ing such notice, you shall employ some one to do such work, and make a report under oath to the commissioners of highways of the amount expended by you thereon, and the ownership and occupancy of the several parcels of land against which the labor was performed on or before the first day of November in each year. (§§ 70, 71.) X. Below herein is given the names of all residents of your district and cor- porations assessed to work upon the highways therein, and the number of days of highway labor assessed to, and to be performed by each the following year; also a list and statement of all unoccupied lots, pieces, or parcels of land within the town, owned by nonresidents ; with a description of every such lot described in the same manner as is required from assessors, and its value set down oppo- site to the description. Given under .... hand, in , this day of , 19 . . . Commissioners of Highways. Names of persons and corporations Days Days worked. Days com- muted. Amount of fines. HIGHWAYS. 655 Description. (Unoccupied non- resident luts and descriptions.) Value. Days assessed. Days worked. Days com- muted. Amount of fines. County, ss. : , overseer of highways of road district No , being duly sworn, deposeth and saith, that the above account is true, according to the best of his knowledge and belief. Subscribed and sworn before me, this ; day of 19.. No. 30. Assessment by Overseer of Persons Xeft Out of the Ziist. (Id., § 35.) The following named persons, having been left out of the foregoing {or, an- nexed ) list for said road district No , in said town of ( they having become inhabitants of said district since said list was made), I do hereby assess the said persons to work on the highways in said district, as fol- lows, viz. : , three days ; , four days. Dated, this day of , 19 . . . f Overseer of Road District No. 6. No. 31. Appeal by Nonresident. (Id., § 36.) COUNTY OF , I Town of , ) , a nonresident owner of lands in said town, considering ( or. jigent of , a nonresident owner of lands in said town, who considers) himself aggrieved in the assessment for hiffhway labor by the com- missioners of highways of said town, upon the following described lands, to-wit : (Here describe them as in the list made by the commissioners) does hereby ap- peal from the assessment of said commissioners to the county judge of said county. Dated, this day of , 19 . . . 656 clebk's assistant. No. 32. Notice by the Owner or His Agent of the Api>eal to the Commissioners of Highways. (Id.) To , and , Commissioners of Highways of the Town of You are hereby notified, that, considering myself aggrieved by your assess- ment for highway labor of the land owned by me in said town, I have this day appealed to the county judge of the county of , who will, on the day of , at .... o'clock, in the .... noon, at , in the vil- lage of , hear and decide on said appeal. Dated, this day of , 19 . . . No. 33. Another Assessment by Overseer. (Id., § 42.) Whereas, I, , overseer of road district No , in the town of , and county of , do not deem the labor assessed on the in- habitants of said town of , for the year 19 ... , sufficient to keep the highways in said district in repair; therefore, I do hereby further assess the following named persons — actual residents in said district — the amount of labor set opposite their respective names, being in the same proportion, as near as may be, and not to exceed one-third of the number of days assessed in the same year by the said commissioners, on the inhabitants of said district. Names. Days. Names. Days. Witness my hand, this day of , 19 . . . Overseer. No. 34. Order of Commissioners for Trees and Sidewalk. At a meeting of the commissioners of highways of the town of , in the county of , held at , in the town aforesaid, on the day of , 19 . . . ; upon application of , a resident of said town, and an owner of property adjoining a highway in said town, to locate HIGHWAYS. 65T And plant trees, and locate and construct sidewalks along highway, it is •ordered by said commissioners that the said may, at his own ex- pense, locate and plant trees, and locate and construct sidewalks along the high- way adjoining his premises, in highway district No , in said town, in con- formity with the topography thereof, and according to the map or diagram hereto attached, which is hereby made a part of this order. Dated, this day of , 19. . . Certified. Commissioners of Highways. Commissioners of Highways. To foregoing order, annex a map or diagram, showing the location of the sidewalk and tree planting, and then indorse on said map or diaerram the fol- lowing: Certified. Dated, the day of , 19 . . . , Commissioners of Highways. No. 35. Application to Expend Highway Tax for Sidewalks. (Id., § 45.) To the Commissioners of Highways of the Town of , in the County of : We, the undersigned, a majority of the inhabitants of highway district No. . . . ., in said town of , subject to assessment for highway labor therein, hereby make application to you for authority to expend [or, to antici- pate and expend) (not more than one-quarter) of the highway labor or com- mutation money of said district for the construction, improvement, and repairs of the sidewalks in said district, for the term of (not exceeding three) years, pursuant to section 45 of the Highway Law. Dated, this day of , 19 . . . , ■ , etc. 42 658 cleek's assistant. No. 36. Authority to Expend Highway Tax for Sidewalk. (Id.) COUNTY OF , ) Town of , r*'" We, the undersigned, commissioners of highways of said town, hereby author- ize the overseer of highway district No , in said town, to expend ( or, to anticipate and expend) (not exceeding one-quarter) of the highway labor or commutation money received therefor, in said district, for the term of (not exceeding three) years, in the construction, improvement, and repair of the sidewalk within the limits of said district, pursuant to section 4.5 of the High- way Law. Dated, this day of , 19 . . . , Commissioners of Highways. No. 37. Certificate of Anticipatloii. (Id., § 46.) [' COUNTY OF Town of I, the undersigned, overseer of highway district No , in the said town of hereby certify that has anticipated, and worked ( or, commuted for ) .... days, constructing, improving, and repairing the sidewalk within the limits of said district, pursuant to section 45 of the Highway Law. Dated, this day of , 19 . . . Overseer of Eighway District No. No. 38. Afsignment to be Indorsed on the Back of Certificate in Case of Transfer. (Id., § 47.) For value received, I hereby assign and transfer all my right and interest in and to the within certificate of anticipation, to , grantee of the real property upon which such highway labor is assessable. Dated, this day of , 19 . . . HIGHWAYS. 659 No. 39. Application for a Vote to Change System of Working Highways.i (Id., § 51.) To the Electors of the Town of , in the County of We, the undersigned, taxpayers of said town of , hereby request that a vote by ballot be taken at the next annual town meeting in said town, by the electors thereof, upon the question of changing the system of taxation for working the highways in said town, pursuant to section 50 et seq. of the Highway Law. Dated, this day of , 19 . . . (Taxpayers sign here. ) (At least twenty-five taxpayers must sign.) No. 40. Notice to Corporation to be Served on Agent or Filed in Office of Town Clerk. (Id., § 00.) To a Corporation (or, Agent of ) : ' Take notice, that you ( ) , are assessed .... days' labor in highway district No , in the town of county of , and that said labor is required to be performed on the highway (state where) in said district. on the day of next, and the days following, and you are required to furnish (state what teams and implements, if any), and to per- form days' labor in a day, and will be allowed one day for every eight hours of work on said highway between seven o'clock in the forenoon and six o'clock in the afternoon. Dated, this day of , 19 . . . Overseer of Highwajf District No. No. 41. Notice to Agent of Nonresident. (Id., § 61.) To , Resident Agent of a Nonresident Owner of Lands in Town of , in the County of : Take notice, that , a nonresident agent of the said town, is assessed days' labor in highway district No in said town, and that said ^ The application must be filed in the office of the town clerk at least twenty days before the annual town meeting, pursuant to section 34 of the Town Law. 660 CLERK S ASSISTANT. labor is required to be performed on the highway (state where) in said district on the day of next, and the .... days following. Dated, this day of , 19 . . . Overseer of Highwaxf District No. No. 42. Notice to Nonresidents to be Filed in the Office of Town Clerk. (Id.) Notice is hereby given, that the highway labor assessed on the following described parcels of land in the town of , county of , owned by nonresidents, is required to be performed from the day of next, in highway district No , in said town, on the highway ( state where ) . Nonresidents^ names, if known. Description of lands assessed. Days^ assessment on each tract. Dated, this day of 19. Overseer of Highway District No. No. 43. Overseer's Betum to Supervisor. (Id., § 66.) To the Supervisor of the Town of , County of : The following is a list of all persons and corporations in said road district who have not worked out or commuted for their highway assessment, with the number of days not worked or commuted for by each, charging for each day in such list at the rate of $1.50 per day; and also a list of all lands of non- residents and persons unknown, which were assessed on your warrant, for the year 19. . ., by the commissioners of highways, or added by you, on which the HIGHWAYS. 661 labor assessed has not been performed or commuted for, and the number of days' labor unpaid by each, charging for the same at the rate of $1.50 per day: Owner's name. Description of lands. Assessed value. No. of days. County, ss. . , being duly sworn, says that he is overseer of highways of road district No , in the town of , in the county of De- ponent further says he has given to each of the persons and corporations named in the above list the notices required by chapter 568 of the Laws of 1890, and that the labor specified in said list, for which such residents and such land is returned, has not been performed or commuted. Subscribed and sworn to before me, this ) day of , 19 . . . \ Justice of the Peace. No. 44. Another Form for Overseer's Betum to Supervisors. (Id.) To the Supervisor of the Town of , in the County of : The following is a list of all persons and corporations in highway district No , in the said town of , who have not worked out, or com- muted for their highway assessments, with the number of days not worked or commuted for by each, at $1.50 per day, and also a list of all the lands of non- residents and of persons unknown, which are assessed on my warrant by the commissioners of highways, or added by me, on which the labor assessed has not been performed or commuted for, and the number of days' labor unpaid by each, at the rate of $1.50 per day: Owner's name. Description of lands. Assessed value. No. of days. Amount. 662 clekk s assistant. List op Nonkesidbnt Lands. Owner's name. Deaoription of lands. Assessed value. No. of days. Overseer of Highway District No. STATE OF NEW YORK, ) County of , ) , being duly sworn, says he is the overseer of highway district No , in the town of , in the county of , and that he has given the notice required to appear and work, and that the labor specified in the foregoing lists returned has not been performed or commuted. Overseer of Highway District No. Subscribed and sworn to before me, this day of , 19... Justice of the Peace. No. 45. Overseer's Annual Account. (Id., § 69.) To the Commissioners of Highways of the Town of , County of : The undersigned, overseer of highways of road district No , in said town, pursuant to law, renders the following annual account, containing: 1. The names of all persons assessed to work on the hignways in the district of which he is overseer. 2. The names of all those who have actually worked on the highways, with the number of days they have so worked. 3. The names of all those from whom penalties have been collected, and the amounts thereof. 4. The names of all those who have commuted, and the manner in which the moneys arising from penalties and commutations have been expended by him. HIGHWAYS, 663 5. A list of all persons whose names he has returned to the supervisor as having neglected or refused to work out their highway assessments, with the number of days and the amount of tax so returned for each person, and a list of all the lands which he has returned to the supervisor for nonpayment of taxes, and the amount of tax on each tract of land so returned. ( § 69. ) Names. Days assessed. Days worked. Days commuted. Amount penalties. Total number of days assessed Total number of days worked Total number of days commuted . Total number of flues List of all Pebsons Returned to Supervisor as Having Neglected or Re- fused TO Work Out their Highway Assessment. Names. Days Amount returned. List of all Lands Returned to Supervisor for Nonpayment of Taxes and THE Amount of Tax on Each Tract of Land so Returned. Description. Amount returned. 664 CLBEK S ASSISTANT. Statement of the Manner in which the Moneys Arising from Fines and Commutations have been Expended by Me. Receipts. Whole amount received from fines and commutations as above stated. Expenditures. For by order of commissioner. repairs of bridge Leavm^ balance in my hands of . Overseer of Highway District No County of , ss.: , overseer of highways for road district No , of the town of , in said county, being duly sworn says, that the foregoing account is in all respects true. Subscribed and sworn to before me, this j day of ,19... ! No. 46. Anotber ITorm for Annual Breturn oi overseers. (Id.) the Coiinty- To the Commissioners of Highways of the Town of of : The undersigned, overseer of highway district No , in said town, hereby renders the following account pursuant to section 69 of the Highway Law: 1. The names of all persons assessed to work on the highways in said district are as follows: Names. Days assessed. HIGHWAYS. 665 2. The names of all those who have actually worked on the highways, with the nuinber of days they have worked, are as follows: Names. Days' work. 3. The names of all those from whom penalties have been collected, and the amounts thereof. Names. Amount. 4. The names of all those who have commuted, and the amount of the com- mutation, are as follows: Names. Amount. 5. The moneys arising from penalties and commutations have been expended as follows: (Sate how.) 6. Names of persons returned to the supervisor as having neglected or re- fused to work out their highway assessments, with the number of days and the amount of tax so returned for each person, are as follows: 666 CLEKK S ASSISTANT. 7. The following is a Hat of all the lands returned to the supervisor for non- payment of taxes, and the amount of tax on each tract of land so returned : Names of owners . Description. value. Number days. COUNTY of Town of . . ■f' Overseer of Highwaif District No. , being duly sworn, says he is overseer of highway district No in the town of , and that the foregoing account, subscribed by him, is true to the best of his knowledge and belief. Overseer of Highway District No. Subscribed and sworn to before me, thi? ) day of ,19... \ Justice of the Peace. No. 47. ITotice to Occupant to Cut Weeds, Brush and Briers. (Id., § 71.) To , Occupant of (briefly describe the premises), Abutting on the Highway, in Highway District No , in the Town oi , County of ,N. Y.: The undersigned, overseer of highways of said district, hereby notifies and requires you to cut all weeds, briers, and brush growing upon the above described lands, within the bounds of said highway, within ten days after the receipt of this notice ; and if you fail to do so, he will cause the same to be cut, and make a report thereof pursuant to section 71 of the Highway Law. Dated, this day of , 19 . . . Overseer of Highway District No. HIGHWAYS. 007 No. 48. Overseer's Report to Commissioners of Amount Expended Cutting Weeds. (Id.) To the Commissioners of Highways of the Town of , in the County of : The undersigned, overseer of highway district No , in said town, in accordance with section 71 of the Highway Law, hereby renders the following report: The amount of money expended by him for cutting weeds, briers, and brush within the bounds of the highway in said district, and the names of the owners and occupants of the several parcels of land against which said labor was per- formed, with a brief description of the same, are as follows: Kame of owner. Name of occupant. Description of premises. Amount expended. And in each case, default was made by the occupant, after due notice had been given. Dated, this day of , 19 . . . Overseer of Highway District No COUNTY of Town of . . ■' iss.: ., being duly sworn, says the, foregoing report subscribed by him is true. Subscribed and sworn to before me, this ] day of ,19... i Justice of the Peace. No. 49. Commissioner's Certificate to the Supervisor. (Id.) To , Supervisor of the Town of , in the County of : .The undersigned, commissioners of highways of said town, hereby certify that the annexed reports were made by the overseers of highways respectively, whose 668 names are thereto subscribed, pursuant to section 71 of the Highway- Law. Dated, this day of , 19. . . Commissioners of Highways. No. 50. Order Laying Out Highway on Release from Owners. (Id., § 80.) At a meeting of the commissioners of highways of the town of , in the county of , on the day of , 19 ... , for the pur- pose of deliberating on the propriety of laying out a highway in said town, here- after described, it is, on the application of , a person liable to be assessed for highway labor in said town (or, without a written application therefor ) , and a release from the owners of the land through which the nighway is proposed to be opened, ordered and determined that a highway shall be, and the same is hereby laid out in said town as follows: Beginning (here insert the survey bill), and the line of survey shall be the center of the highway, which shall be rods in width. Dated, this day of , 19. . . Commissioners of Bigh/ioays. No. 51. Dedication of Land, and Belease of Damages. (Id.) I, , of the town of , county of , N. Y., hereby dedicate to the town of , aforesaid, a strip of land across my premises, in said town, for the purposes of a highway, described as follows: (Here de- scribe premises dedicated.) And I also hereby, for value received, release said town from all damages by reason of the laying out and opening of said highway. In witness whereof, I have hereunto set my hand and seal, this day of , 19..- (L. S.) HIGHWAYS. 669 «^TATE OF NEW YORK, ounty of 1 ■ • ' >n this day of , 19. . ., before me, the subscriber, personally appeared , to me known to be the person described in, and who ex- ecuted, the foregoing agreement, and he acknowledged that he executed the same. Justice of the Peace. Note. Dedication. — When dedication will not be presumed. Donahue v. State, 112 N. Y. 142, 20 St. R. 243. Actual public use defines extent of easement in roads of express or implied dedication. Wakeman v. Wilbur, 21 St. R. 656. Description in deed, bounding land by proposed street to be laid out, carries to middle of street. Matter of Ladue, 118 N. Y. 213, 28 St. R. 821, rev'g 22 J. & S. 528. Where grantor bounds granted lands on street or highway there is implied covenant that there is such highway. Matter of Ethel St., 3 Misc. 403. Owner of land, laying out lots with streets and selling them, cannot after- wards deprive purchasers of right to have streets left open. Lord v. Atkins, 138 N. Y. 184, 52 St. R. 155, aff'g 43 id. 968. Since passage of Laws of 1873, chapter 773, board of supervisors has no power to appoint commissioners to lay out highway through building, without consent of owner or certificate of highway commissioners. People ex rel. Sammis v. Board, etc., 34 St. R. 718. Commissioners, in laying out highway, must not wholly disregard prelimi- nary proceedings. People ex rel. Cook v. Hildreth, 24 St. R. 458; aff'd, 37 id. 393. Failure, in proceedings to alter highway, to post copj' of order on door of town meeting-house, does not vitiate order or justify force. Engleman v. Longhorst, 120 N. Y. 332, 31 St. R. 29, aff'g 6 id. 312. Nor does failure of property-owner to execute and file release of all claims to damages. Id. Few wild apple and cherry trees along fence and two prickly pear trees held not to constitute in whole or in part an orchard. People ex rel. Waterman v. Schellenger, 32 St. R. 353. No. 52. Consent of Town Board to Lay Out or Alter a Highway. (Id.) Hie undersigned, the town board of the town of , in the county of '. . , hereby consent that the commissioners of highways of said town 670 cleiik's assistant. make an order laying out ( or, altering ) the proposed highway described in the application of , pursuant to section 80 of the Highway Law. Dated, this day of , 19 . . . Supervisor. Town Clerk. Justices of the Peace. This consent must be signed by the members of the town board, which con- sists of the supervisor, the town clerk, and the justices of the peace of the town. (Town L., § 160.) Laying otjt. — Commissioners are not bound to follow with precision route specified in petition, if, by slight deviation, better road is obtainable. People ex rel. Cecil v. Carman, 68 Hun, 118, 53 St. R. 155. Where proceedings are taken to lay out street in village under Laws of 1870. chapter 291, it is for trustees to determine in first instance boundaries and ex- tent of road to be opened and extent of land to be taken. People ex rel. Ecker- son V. Trustees of Vil. of Haverstraw, 137 N. Y. 88, 50 St. R. 185, rev'g 47 id. 891. No. 53. Order IiSiyiag Out or Altering a Highway with the Consent of Town Board. (Id.) At a meeting of the commissioners of highways of the town of , in the county of , on the day of , 19 ... , for the purpose of deliberating on the propriety of laying out {or, altering) a high- way in said town, hereinafter described, on the written application of a person liable to be assessed for highway labor in said town, and the written consent of the town board of said town, ^nd a release from the owners of the land through which the proposed highway is to be opened, the consideration of any one claimant not exceeding $100, and to all the claimants not exceeding $500, it is ordered and determined that a highway shall be, and the same is hereby HIGHWAYS. 671 laid out in said town, as follows: (Here insert survey bill.) And the line of survey shall be the center line of the highway, which shall be rods in width. Dated, this day of , 19 . . . Oommissioners of Highviays. No. 54. Release of Damages by Owner of the Lajid. (Id.) I, , of the town of , county of , N. Y., for and in consideration of the sum of (not exceeding $100), hereby consent that a highway be laid out and opened ( or, altered ) across my premises in the town of , county of , N. Y., pursuant to the appli- cation of , dated the day uf , 19 ... , and release said town from all damages by reason of laying out and opening (or, altering) such highway through my premises. Dated, this day of , 19 . . . (Acknowledgment clause. ) No. 55. Application to Xiay Out a Highway. (Id., § 82.) To the Commissioners of Highways of the Town of , in the County of : The undersigned, an inhabitant of said town of . . : , liable to be as- sessed for highway labor therein, hereby applies to you to lay out a highway in said town, commencing (describe the proposed highway), which proposed highway will pass through the lands of and (who con- sent to the" laying out of the highway, or, as the case may be) . Dated, this day of , 19 . . . No. 56. Application to Xiay Out Bead. (Id.) To the Commissioners of Highways of the Town of , in the County of : The undersigned, residents of said town (or, owning lands in said town), and liable to be assessed for highway labor therein, herebv apply to the said com 072 cleek's assistant. missioners of highways to lay out a road in said town, commencing at the northwest corner of a lot of land in the possession of , and running, etc. (describing the proposed road), which proposed road will pass through the inclosed, improved, and cultivated lands of and (Signed.) No. 57. Application to Alter a High'wa7. (Id.) To the Commissioners of Highways of the Town of , in the Count; of The undersigned, an inhabitant of said town of , liable to be as- sessed for highway labor therein, hereby applies to you to alter the highway leading from to , in said town, as follows: (Insert par- ticular description of the proposed alteration by courses and distances.) The proposed alteration passes through the land? of and (who consent to the proposed alteration, or, as the case may be.) Dated, this day of , It) . , . No. 58. Application for the Alteration of a Boad. (Id.) To the Commissioners of Highways of the Town of , in the County of : The undersigned, residents of said town ( or, owning lands in said town ) , and liable to be assessed for highway labor therein, do apply to said commissioners to alter the highway leading from the house of to the Northern turn- pike in said town, as follows: (Insert particular ("escription of the proposed alteration by known boundaries or objects, or courses and distances.) The proposed alteration passes through lands which are not improved, inclosed or cultivated ( or, passes through the lands of and , who have not given their consent to said alterations ) . Dated, etc. HIGHWAYS. 673 No. 59. Application to Discontiziue a Highway. (Id.) To the Commissioners of Highways of the Town of , in the County of -. The undersigned, an inhabitant of said town of , liable to be as- sessed for highway labor therein, hereby applies to you to discontinue the old highway beginning (insert description), on the ground that said highway has been abandoned. Dated, this day of , 19 . . . Note. Abandonment. — Highway, not used or worked for more than six years, ceases to be highway. Schermerhorn v. Mt. McGregor R. K. Co., 69 Hun, 512, 52 St. R. 892. Town meeting has no power to discontinue highway once established. Hughes V. Bingham, 135 N. Y. 347, 48 St. R. 389, aff'g 40 id. 985. Mere resolution of village trustees, without certificate of freeholders, petition or opportunity for hearing is void. Excelsior B. Co. v. Village of Haverstraw, 42 St. R. 616. See 50 id. 513. Public interest in highway is extinguished where, in connection with non- user for twenty years, there is proof of clear intent to abandon. Woodruff v. Paddock, 56 Hun, 288, 30 St. R. 461. Compulsory abandonment of old road by public, in absence of acquisition of new one, is not conclusive of intent to relinquish old right. Matter of Free- holders V. Com'rs, 20 St. R. 394. Facts held sufScient to establish discontinuance of highway. Horey v. Vil- lage of Haverstraw, 124 N. Y. 273, 35 St. R. 360, rev'g 14 id. 498. Road, which for six years is not only used and traveled, but is impassable for conveyances of any kind, is fenced off by trespasser, and public travel by another route, ceases to be highway. Id. No. 60. Application to Discontinue Old Road. (Id.) To the Commissioners of Highways of the Town of , in the County of : The undersigned, residents of said town, and liable to be assessed for high- way labor therein, do hereby apply to you, the said commissioner, to discon- tinue the old road in said town, beginning, etc. (insert general description), on the ground that said road has become useless and unnecessary. Dated, etc. (Signatures.) 43 674 No. 61. Application for Commissioners. (Id., § 83.) COUNTY COURT— Cotjutt. In the Matter of the Application of to Lay Out (Alter or Dis- continue) a Highway in the Town of , and the Assessment of Damages Therefor. To the County Court of County: The petition of , of the town of , in said county, respect- fully shows that your petitioner is a, person liable to be assessed for highway labor in the town of , said county ; that on the day of , 19 . . . , he presented an application in writing to the commissioners of highways of said town, as follows : ( Insert copy of the application to the commissioners. ) That said application was in good faith made ; that the commissioners of high- ways have not laid out ( altered, or, discontinued ) said highway pursuant to sec- tion 80 of the Highway Law, and that thirty days have not elapsed since the presentation of the application. Wherefore, your petitioner prays that three commissioners be appointed pur- suant to section 84 of the Highway Law, to determine upon the necessity of the proposed highway (or, altering or discontinuing the said highway), and to assess the damages by reason of laying out and opening (or, altering or discon- tinuing) such highway. Dated, this day of , 19 . . . STATE OF NEW YORK, ) f SS. : County of , ' , being duly sworn, says he has read the foregoing petition, by him subscribed, and that the same is true to his knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters he believes it to be true. Subscribed and sworn to before me, this ) day of ,19... i Justice of the Peace. (Undertaking in sum of $50 to pay expenses of commissioners must accom- pany application.) HIGHWAYS. 675 No. 62. Order Appointing Commissioners. (Id., § 84.) At a Term of the County Court of the county of , held at , in the , in and for said county. Present — Hon , County Judge. (Entitled as in form last preceding.) On reading and filing the petition of , of the town of , in said county, dated the day of , 19 ... , praying for three com- missioners to be appointed, pursuant to section 84 of the Highway Law, to determine upon the necessity of laying out and opening ( altering or discontinu- ing) a highway beginning (insert the description) and to assess the damages by reason of laying out (altering or discontinuing) such highway, an under- taking pursuant to law having been given by said applicant, it is hereby or- dered that , , and of the town of , said county, be, and they are hereby, appointed such commissioners. No. 63. Notice to Commissioners of Their Appointment. (Id.) To , and : Take notice, that you, and each of you, have been duly appointed commis- sioners, by an order of the County Court, a copy of which is hereto annexed, and you are hereby required to fix a time and place at which you will all meet to hear the commissioners of highways and all other persons interested in the highway mentioned in the said order. Dated, this day of , 19 . . . No. 64. Subpoena by Commissioners. (Id.) The People of the State of New York, to and : You, and each of you, are hereby commanded to be and appear before us, commissioners appointed by the County Court of county, at the in the town of , on the day of , 19 ... , at .... o'clock in the noon, to testify and give evidence in the matter (376 CLEEK S ASSISTANT. of laying out a highway and assessing the damages therefor, in the town of , then and there to be heard and demanded. Dated, this day of , 19 . . . Commissioners. No. 65. Oath to be Administered by Commissioners to Witnesses. (Id.) You do solemnly swear that the evidence you shall give, touching the necessity of laying out the highway in question and assessing the damasres therefor {or, as the case may be), shall be the truth, the whole truth, and nothing but the truth, so help you God. No. 66. ITotice of Meeting of Commissioners. (Id., § 85.) Notice is hereby given that the undersigned has made application to the com- missioners of highways of the town of , in the county of , for the laying out (altering or discontinuing) of a highway in said town, com- mencing (here insert description as in application), which proposed highway ( or, alteration ) will pass through the lands of ( describe who ) , and by an order of the County Court, dated the day of , 19 ... , , , and were appointed commissioners to determine upon the necessity of said proposed highway (alteration or discontinuance), and to assess the damages by reason of the laying out and opening (alteration or dis- continuance) of such highway, and that said commissioners will all meet at , in said town, on the day of , 19 . . . , at ... o'clock in the noon, to examine the proposed highway {or, the highway), and hear the commissioners of highways and all others interested therein, and to assess the damages is such highway be determined to be necessary ( or, is altered or discontinued). Dated, this day of 19 . . . No. 67. Affidavit of Posting and Service of Notice. (Id.) NEW YORK, ) >• ft ft. • County of STATE OF NEW YORK, ) ^^ . , being duly sworn, says that he caused notices in writing, of which the within is a copy, to be posted up at , , and HIGHWAYS. 077 three public places in the town of , said county, on the day of . . : , 19. . ., and that he served a like. notice on (name all the owners and occupants of the lands through which the highway is proposed to be laid out, altered, or discontinued) on the day of , 19. . ., by (state how served), and that said notices were posted up at the respective places, and served on the respective persons herein named, at least eight days before the time specified therein for the meeting of said commissioners. Subscribed and sworn to before me, this day of , 19. . . ; Justice of the Peace. No. 68. Certificate of Commissioners in Favor of Applicant. (Id., § 86.) The undersigned, by an order of the County Court of county, dated the day of , 19 . . . , on the application of , having been appointed commissioners to determine upon the necessity of laying out and opening (altering or discontinuing) a highway in the town of , in said county beginning (describe highway, as in the application), which pro- posed highway ( or, highway ) crosses the lands of ( name the persons ) , and to assess the damages to be caused thereby; now, therefore, we, the said commis- sioners, having given due notice of the time and place at which we would meet, and all having met at , in said town, on the day of 19..., pursuant to such notice, and having taken the constitutional oath of oflSce, and on proof of the service and posting of the notices by the applicant, pursuant to section 85 of the Highway Law, having viewed the proposed high- way (or, alteration, or, highway proposed to be discontinued) and the lands through which it is proposed to be laid out and opened (altered or discontinued) , and having heard all the allegations of the commissioners of highways and the parties interested therein, and the evidence of all the witnesses produced, do thereupon certify, that in our opinion (*) it is necessary and proper that the highway be laid out and opened (altered or discontinued), pursuant to the said application of , dated the day of , 19 ... , and we have assessed the damages required to be assessed by reason of laying out and opening (altering or discontinuing) such highway, as follows: The damages of at $ ; the damages of , at $ (If the certificate is in favor of laying out a highway, insert probable cost of completing, based on evidence taken). Dated, this day of , 19. . . Oommissioners. 678 clebk's assistant. No. 69. Certificate of Conmiissioners 'Denying Application. (Id., § 88.) (Use form No. 68 to the (*), and add the following: ) Such highway or alteration is unnecessary, or such highway proposed, to be discontinued is not useless. Dated, this day of , 19. . . (Indorse costs and expenses.) , Commissioners. No. 70. Notice of Slotion to Confirm. (Id., § 89.) COUNTY COURT— Countt. 1 In the Matter of the Application of , to Lay Out (alter, or, discontinue) a Highway in the Town of , and the Assessment of Damages Therefor. J To , and ; Take notice, that, upon the decision of the commissioners, dated the day of , 19. . ., afBdavits and papers in the above entitled matter, copies of which are herewith served upon you, an application will be made to this court at a term thereof, to be held at the , in the of , on the day of , 19 . . . , for an order ( * ) confirming the said decision, and for such other and further relief as to the court may seem proper. Dated, this day of , 19 . . . No. 71. Notice of Motion to Vacate or Modify Decision. (Id.) (Use form No. 70 to (*) and add the following: ) Vacating (modifying or correcting, in the following particulars, stating them) the said decision, with costs of this motion, and such further relief as the court may deem proper. Dated, this day of 19. . . HIGHWAYS. 679 No. 72. Order Confirming Decision of Commissioners. (Id.) At a term of the County Court, held at the in the , of , on the day of 19 . . . Present — Hon , Counti/ Judge. (Entitle as in form No. 61.) On reading and filing the decision of the commissioners, , , and , in the above entitled matter, dated the day of , 19. . ., by which it appears (state substance of decision), with proof of due ser- vice upon , and , of notice of this application and ( state other paper ) , and on motion of , counsel for , after hear- ing , counsel for , and , opposed, and on read- ing (name the papers), it is hereby ordered, that the said decision be, and the same is, hereby (*) confirmed. No. 73. Order Vacating or Modifying Decision. (Id.) (Use form No. 72 to the (*) and add as follows: ) Vacated {or, modified or corrected as follows: State how. Or, that a new hearing be had before the same or other commissioners to be named herein), with $ , costs of this motion to , against No. 74. Xaying Out Highway Pursuant to the Certificate of Commissioners. (Id.) Whereas, did present to us as commissioners of highways of the town of , in the county of , a written application, dated the day of , 19 . . . , to lay out a highway in said town ; and Whereas, commissioners were appointed by the County Court of said county, pursuant to section 84 of the Highway Law, and, after having duly met, certi- fied that such proposed highway was necessary and proper, and should be laid ■out and opened, and assessed the damages therefor ; and Whereas, said court has confirmed the decision of said commissioners {or, no motion has been made to the County Court to confirm, vacate, or modify such decision) and said application, orders, and certificate {or, other papers) have been duly filed in the office of the town clerk of said town, to which reference is here made ; 680 clerk's assistant. Now, therefore, we, the undersigned, commissioners of highways of said town, pursuant to section 89 of the Highway Law, do hereby lay out such highway as so applied for and ordered, whereof a survey has been made as follows : Be- ginning (here insert survey bill) and the line of such survey shall be the center of the highway, which is to be rods in width. ' Dated, this ...:.. day of , 19 . . . Commissioners of Highways. No. 75. Owner's Consent for a Highway to be I. and E. F., their heirs and assigns, that in case the said intended marriage shall take effect, and he, the said A. B., shall happen to die in the lifetime of the said E. D., that then he, the said A. B., shall and will, by his last will and testament, in writing, or otherwise, give and assure unto the said E. D., the sum of $5,000, of lawful money of the United States, or the full value thereof in lands, tene- ments, goods, or chattels, to be at her own proper disposal, and to be by her received, and taken to her own proper use and benefit. In witness, etc. Note. Antenuptial agreement. — Antenuptial agreement by wife, that she will not claim any interest in her husband's personal property, was held not to estop her from claiming proceeds of insurance on his life. Van Dermoor v. Van- Der- moor, 80 Hun, 107, 61 St. R. 770. Circumstances, conditions, and terms of antenuptial contract, whereby dower right is released, must be clearly established. Carpenter v. Commings; Same V. Carpenter, 21 St. R. 536. To bar dower, antenuptial agreement must be based upon substantial, not merely nominal, valuable consideration. Graham v. Uraham, 67 Hun, 329, 51 St. R. 789; aff'd, 62 id. 784. Executed release and cancellation, for good consideration of antenuptial agreement, cannot be disregarded by wife. Tallinger v. Mandeville, 113 N. Y. 427, 22 St. R. 708, aff'g 15 id. 652. No. 4. Separation Between a Man and His Wife. This indenture, of three parts, made the day of , 19 ..., be- tween G. G., of , of the first part. A., his wife, of the second part, and B. (a trustee), of the third part. (Whereas, etc., [here insert recital of the settlement before marriage, if any such marriage settlement there be] , and ) whereas, some unhappy differences have lately arisen between the said G. G. and the said A., his wife, and they have mutually agreed to live separate and apart from each other ; and previous to such separation, he, the said G. G., hath consented thereto, and also proposed and agreed that he, out of his ovra proper moneys, would allow and pay to the said A., his wife, during the term of her natural life, for her better support and maintenance (over and above the pro- vision made and settled upon her, the said A., for her separate use, by the above recited indenture) one annuity or yearly sum of $300, clear of all taxes, charges, and deductions, whatsoever, payable to her in such manner as hereinafter is mentioned, subject, nevertheless, to the provision hereinafter contained, touch- ing the payment of the said annuity. And also, that in case the said A., his wife, should die before him, the said G. G., then tne said G. G. should pay to her executors the sum of $10 towards her funeral charges, and that the said G. G. would hereby ratify and confirm the hereinbefore received settlement HUSBAND AND WIFE. 703 in such manner, as hereafter is mentioned: Now, this indenture witnesseth: That the said G. G., in pursuance of his aforesaid proposal and agreement, doth hereby, for himself, his executors, administrators, and for every of them, cove- nant, promise, and agree, to and with the said B. (the trustee), his executors, administrators, and assigns; and doth also agree with the said A., his wife, in manner and form following (that is to say), that it shall and may be lawful to and for the said A., his wife, and that he, the said G. G., shall, and will, permit and suflfer her, the said A., from time to time, and at all times from henceforth, during her natural life, to live separate and apart from him, and 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 and business, as she, the said A., from time to time, at her will and pleasure (not- withstanding her present coverture, and as if she were a feme sole, and un- married) shall think fit; and that he, the said G. G., shall not, nor will at any time or times hereafter sue her, the said A., in any court, for living separate and apart from him, or compel her to cohabit with him, or to sue, molest, disturb, or trouble her for such living separate and apart from him, or any other per- son or persons whomsoever, for receiving, harboring, or entertaining her ; nor shall or will, without the consent of the said A., visit her, or knowingly come into any house or place where she shall or may dwell, reside, or be; or send, or cause to be sent, any letter or message to her; nor shall, or will, at any time hereafter, claim or demand any of the moneys, rings, jewels, plate, clothes, linen, woolen, household goods, or stock in trade which she, the said A., now hath in her custody, power, or possession, or which she shall, or may, at any time hereafter, buy or purchase, or which shall be devised or given to her, or shall otherwise acquire, and that she shall and may enjoy, and absolutely dis- pose of the same as if she were a feme sole, and unmarried. And, further, that he. the said G. G., his executors or administrators, or some or one of them, shall and will, well and truly pay, or cause to be paid, unto the said A., his wife, or her assigns, during the term of her natural life, for and towards her better support and maintenance, one annuity or yearly sum of $300, of lawful money, free and clear of all taxes, charges, and deductions, whatsoever; the said annuity or yearly sum of $300 to be paid and payable to her, the said A., and her assigns, during her natural life, at or upon the first days of January, April, July, and October, or within ten days next after each of the said days, by four equal parts; the first quarterly payment thereof to begin and be made on the first day of July next, or within .... days then next following. In consideration of which said $300 per annum, so hereby made payable to her, the said A., in manner as aforesaid, and of the provision so made for her by the said recited indenture of settlement in manner as aforesaid, she, the said A., doth hereby agree to accept and take in full satisfaction for her support and maintenance, and all alimony whatsoever, during her coverture. Provided, always, and it is hereby expressly agreed and declared, by and between all the parties hereunto, and the true intent and meaning of them and these presents is, and are, that in case he, the said G. G., his executors or administrators. T04 cleek's assistant. shall at any time hereafter < be obliged to, and shall actually pay any debt or debts which she, the said A., his wife, shall at any time hereafter, during her present coverture, contract with any person or persons whatsoever, that then, and in such case, it shall and may be lawful to and for the said G. G., his execu- tors and administrators, to deduct, retain, and reimburse to him and them- selves, out of the said annuity, or yearly sum of $300, so hereby made payable to her, the said A., as aforesaid, all and every such sum and sums of money, as he or they shall be obliged to, and shall so actually pay for or on account of such debt or debts to be by her, the said A., at any time hereafter so con- tracted, as aforesaid, together with all costs, charges, and damages, which he or they shall or may pay or sustain on account thereof; anything herein con- tained, etc. And, lastly, the said G. G. (in pursuance and full performance of his said recited agreement, and divers other good and valuable causes and con- siderations, him thereunto especially moving) hath, and by these presents doth absolutely establish, ratify, and confirm, as well the said hereinbefore recited indenture of assignment and settlement, made of the said personal estate of the said A., his wife, and of the said $300, and gold watch by the said G. G., and A., his wife, so thereby respectively assigned to them, the said G. T. and J. B. (the trustees ) , as aforesaid ; and all and every the several trusts, uses, declarations, conditions, and agreements, in the same indenture mentioned, limited, expressed, and declared of and concerning the same respectively. And the said B. B., on his part, agrees to hold the said G. G. safe and harm- less from all debts due or demands incurred by the said A. G., provided the said performs all the agreements herein entered into on his part. In witness whereof, the said parties have hereto interchangeably set their hands and seals the day and year first above written. G. G. (L. s.) A. G. (L. s.) B. B. (L. s.) Note. Abticles or SEPABATION. — Wife cannot maintain action upon covenant, in ar- ticles of separation, in absence of allegation or proof that trustee has refused, on request, to bring action. Lord v. Lord, 68 Hun, 537, 52 St. E. 563. During voluntary separation, while husband is paying weekly allowance, tradesman supplies wife with necessaries at his peril. Bloomingdale v. Brinek- erhoff, 2 Misc. 49, 49 St. R. 142. Articles of separation between husband and wife, in which another joins with her as trustee, though valid when made, are rendered void by resumption by them of their conjugal relation. Zimmer v. Settle, 124 N. Y. 37, 35 St. E. 218, aff'g 42 Hun, 653. Sepabation. — To entitle to judgment for separation, residence of either party must be actual, and not theoretical. Hewes v. Hewes, 40 St. E. 680. Cruel and inhuman treatment does not necessarily imply such treatment as places wife in physical fear of her husband. Lutz v. Lutz, 31 St. E. 718. HUSBAND AND WITE. iVi) Charges against wife of unchaste conduct, made by her husband in presence of their children, justifies court in decreeing limited divorce. Id. Conduct of husband must be of such character as to render it unsafe and improper for wife to continue living with him. McBride v. McBride, 31 St. R. 631. Breach of pledge to abstain from : intoxicating liquors is not ground for separation. Id. Where husband left State and proceeded to obtain divorce, cause of action for abandonment accrued at once to wife. Williams v. Williams, 25 St. E. 183. Where he would not permit her to live with him, unless she would never see her mother again, he had no cause of action on ground of abandonment. Id. Several causes prescribed by several subdivisions of section 1762 of Code are independent of each other. Fowler v. Fowler, 33 St. R. 746. No. 5. Jointure in Place of Dower. (Real Prop. L., § 177.) This agreement, made this day of , 19 ... , between A. A.. of the first part, E. E., of the second part, and C. C, of the third part, wit- nesseth : That the said A., in consideration of a marriage about to be solemnized be- tween him and the said E., does covenant and agree to and with the said C, his heirs and assigns, that he, the said A., his heirs and assigns, shall and will for- ever hereafter stand seized of, and in a certain tract or parcel of land, with the appurtenances bounded and described as follows: (Insert description) to the following uses, viz. : to the use of the said A., for and during his natural life, and after his marriage with the said E., and after his decease to her use during her natural life (or, so long as she shall remain his widow) , for her jointure, and in full satisfaction of her whole dower in his estate after his decease, and at the expiration of her estate, to the use of his heirs and assigns forever. And the said E., in consideration of these premises, and of $1 to her in hand paid, does covenant and agree with the said A., that the lands so assigned and set apart to her, shall be in full satisfaction of her dower or claim of dower in his, the said A.'s estate, and shall bar her from claiming any dower, if she shall survive him after said marriage, and that she will not claim any share in his personal estate, unless the said A. shall give her some part thereof by his will, or by some act done by him subsequent to the execution of these presents. In witness whereof, the said parties have hereto aflSxed their hands and seals the day and year first above written. A. A. (L. s.) E. E. (L. s.) C. C. (L. s.) 45 706 clerk's assistaht. Note. DowEB. — Cases only, in which right of dower can be asserted. Phelpa v. Phelps, 143 N. Y. 197, 62 St. R. 156, rev'g 59 id. 608. Such seisin cannot be predicated with respect to lands purchased -with moneys of husband, but not conveyed, or agreed to be conveyed, to him. Id. Under Laws of 1878, chapter 300, wife may give power of attorney to husband authorizing him to execute release of her right of dower. Wronkow v. Oakley, 133 N. Y. 505, 45 St. R. 882, rev'g 64 Hun, 217, 45 St. R. 835. No. 6. Contract of Marriage. (Dom. Rel. L., § 11.) This contract of marriage, made this day of , A. D. one thousand nine hundred and , at , in the county of , State of New York, by and between , residing at , in the county of , and the State of , and , residing at , in the county of , and State of ; Witnesseth: That the parties hereto have, at the time and place above men- tioned, duly made, and by these presents, do enter into a contract of marriage, each with the other, and do solemnly agree to live together as man and wife from this date henceforth. In witness whereof, we have severally made, signed, and acknowledged this contract of marriage, on the date first herein set forth. Husiand. Witnesses : , , residing at Wife. , residing at STATE OF NEW YORK, yss. ^■\' County of On this day of , 19. . ., personally appeared before me, (husband), (wife), , and (wit- nesses), personally known to me to be the several persons described in, and who executed the foregoing contract of marriage, the said (hus- band), and (wife), as principals, and the said and , as witnesses, and they severally acknowledged that they executed the same as such principals and witnesses for the uses and purposes therein mentioned. Notary Public, County. INSURANCE. 707 CHAPTEE XXXVII. INSURANCE. Insurance is a contract, whereby, in consideration of the sum paid, one party undertakes to indemnify the other against damage or loss by certain perils. The principal divisions are, marine, fire, life, accident, casualty, and real estate title insurance. The party undertaking to make the indemnity is called the insurer, or un- derwriter; the party to be indemnified, the insured, or assured. The consid- eration to be paid is called the premium; the instrument by which the in- surance is made is called the policy; the causes and events of loss insured against, perils or risks; and the rights or property of the assured, in respect to which he is liable to loss, the subject, or insurable interest. The indemnity intended means the repayment of the expenses incurred, and the payment for as much of the insurable interest as is lost, at its maket value, at the commencement of the risk, or its value as specified in the policy. In New York, the printed blank form of a contract or policy of fire insur- ance, with such provisions, agreements, or conditions as may be indorsed thereon or added thereto and form a part of such contract or policy, heretofore filed in the office of the secretary of state by the superintendent of insurance or by the New York board of fire underwriters, pursuant to the provisions of Laws of 1886, chapter 488, shall be known and designated as the " standard fire insurance policy of the State of New York." No fire insurance corpora- tion, its officers or agents, shall make, issue, or deliver for use, any fire insur- ance policy or the renewal of any such policy on property in this State, other than such as shall conform in all particulars as to blanks, size of type, con- text, provisions, agreements, and conditions with such printed blank form of contract or policy filed in the office of the secretary of state; and no other or different provision, agreement, condition, or clause, shall be in any manner made a part of such contract or policy, or indorsed thereon or delivered there- with, except as follows, to-wit: First. The name of the corporation, its location and place of business, date of its incorporation or organization, whether it is a, stock or mutual corpora- tion, the names of its officers, the number and date of the policy, and if issued through a manager or agent, the words " this policy shall not be valid until countersigned by the duly authorized manager or agent of the corporation at Second. Printed or written forms of description and specification, or sched- ules of the property covered by any particular policy, and any other matter necessary to clearly express all the facts and conditions of insurance on any particular risk not inconsistent with or a waiver of any of the conditions or provisions of the standard policy herein provided for. Third. With the approval of the superintendent of insurance, if the same is not already included in such standard form, any provision which any sueli corporation is required by law to insert in its policies, not in conflict with the provisions of such standard form. Such provisions shall be printed apart from the other provisions, agreements, or conditions of the policy under a separate title, as follows : " Provisions required by law to be stated in this policy." (Insurance L., § 121. See L. 1901. c. 513.) It is necessary that the insured should have some interest in the sub- ject mentioned in the policy: otherwise it would be a mere wager policy, which are not allowed, owing to the temptation which such transactions would hold out to the commission of arson. It is not necessary that such interest should amount to a complete ownership; as a creditor may have a policy on goods of his debtor upon which he has a mortgage. So, too, a trustee, agent, factor, or common carrier, may insure goods which he has in his possession. But it is important that the nature of the property be dis- TOS cleek's assistant. closed at the time of obtaining the insurance. Where the title to the property is in dispute, or the risk is a marine risk, an insurance for whom it may con- cern will protect the property. The insured is bound in good faith to disclose to the insurer every fact ma- terial to the risk, and which is within or should be within his knowledge, which, if stated, would have any influence upon the mind of the insurer. Where there is a sale of the property during the running of the policy, there should be an assignment of the policy with the consent of the underwriters, because when the insured parts with his property he has no longer an insur- able interest therein. ' Where there are previous or subsequent insurances effected on property, notice of such insurance should be given to all insurance companies, or under- writers, who have taken any risk on the same property. Persons sustaining loss or damage by fire shall forthwith give notice thereof, in writing, to the company or underwriters, and as soon as possible thereafter they shall deliver as particular an account of the loss and damage as the na- ture of the case will admit, signed with their own hands; and they shall ac- company the same with their oath or affirmation, declaring the said account to be true and just; showing also the ownership of the property insured; what other insurance, if any, existed on the same property, and giving a copy of the written portion of the policy of each company or underwriter; what was the whole cash value of the subject insured ; in what manner the building insured, or containing the subject insured, and the several parts thereof, were occupied at the time of the loss ; who were the occupants of such building, and when and how the fire originated, so far as they know or believe. They shall also produce a certificate, under the hand and seal of a magistrate, or notary public, most contiguous to the place of the fire, and not concerned in the loss, as a creditor or otherwise, nor related to the insured or sufferers, stating that he has made diligent inquiry and examination into the facts set forth in their statement, and also into the circumstances attending the fire, loss or damage alleged; that he is acquainted with the character and circumstances of the claimant, and that he verily believes that such claimant has, by misfortune, and without fraud or evil practice, sustained loss and damage to the subject insured to the amount which such magistrate or notary shall certify. In case of loss or damage, it is optional with the insurance company or un- derwriter to replace the articles lost or damaged, with others of the same kind or quality, or to rebuild or repair the building or buildings, or to pay the cash value of the loss or damage. FORMS IN THIS CHAPTER. No. Page. Application for fire Insurance 1 709 Same — Another form 2 7011 Standard policy 3 710 Assignment of interest by insured 4 714 Consent of company to assignment 5 715 Receipt for cancellation 6 7iri New Tort standard mortgage clause 7 715 Permit for the use of gasoline, etc., stove 8 716 Permit to use kerosene oil stove 9 717 New York standard lighting clause 10 717 Additional clause 11 717 Additional clause 12 718 Additional clause 13 718 .\ddltlonal clause 14 718 Permit for repairs 15 719 New York standard agency renewal 16 719 Reinsurance 17 719 Notice of loss by Are 18 720 INSTJEANCE. 709 No. Page. I'roof of loss 19 720 Additional proof of loss 20 720 Certificate of notary public or Justice of the peace 21 721 Proof of loss where property is for sale on commission 22 721 No. 1. Application for Fire Insurance. I, A. B., of the town of Bethlehem, county of Albany, and State of New York, hereby apply to the Albany Insurance Company, for insurance in the above company for the term of one year from this date. The amount to be insured is $1,000 on my dwelling-house, occupied by my- self and family, in said town. Said dwelling-house is built of wood, two stories high, with a shingle roof, in which there is a scuttle, with stairs lead-, ing to the same. There are five stoves for burning wood in the house, each standing on good, wide zinc, and the pipe of the stoves is in good order and in no place being nearer than three feet to the wood work of the house, while the chimneys, of which there are two, are built on the ground. The ashes are kept in a brick ash pit with an iron door about forty feet from the house. There are no other buildings on the north, south, or east side of said house, and a woodhouse standing about fifty feet from the west side. The present cash value of the building is $1,500, and no insurance has been eflfeeted thereon. Dated, , 19 . . . A. B. No. 2. Application where Bl ank is Fumislied by the Company. For the Commercial Fire Insurance Company, New York. No. 12238. Application of A. B., of Poughkeepsie, in the county of Dutchess, and State of New York, for cash insurance in the above company, for the term of one year from the 16th day of May, 1898, on his dwelling-house on Genesee street, between Hudson and Erie streets, in said city. Amount to be insured, $2,500 ; rate, ; amount paid, $ 1. Building. — Is it stone, brick or wood? Brick. How many stories high? Three stories, with a basement. 2. Walls. — Party or division, are they brick? Yes. How thick? Eight inches. Are they entire? Yes. Do they rise above the roof? They do about one foot in front, and three in the rear. 3. Roof. — What is it covered with? Tin. Is there a scuttle and stairs to it? There is a scuttle with movable ladder, no stairs. 4. GUTTBBS. — Are they stone, metal, or wood ? Tin. 5. Stoves. — If used, how many, and what kind? Five, for burning coal. What is under them? Zinc. 6. Pipe. — Is it in good order? Yes. How near does it come to the wood? About two feet. Does it enter a chimney? Yes. Is the chimney built from the ground? Yes. 710 CLEEK S ASSISTANT. 7. Fuel. — What kind is used? Coal. 8. Ashes. — How are they disposed of? Put in a brick vault under front door steps. 9. For what purpose is the building used ? As a dwelling-house. How many tenants ? One. 10. Distance of other buildings, and how occupied? North — Brick dwell- ing-house adjoining. South — A street sixty-six feet wide. East — A vacant lot twenty-five feet wide. West — Brick outhouse with tin roof, standing fifty feet from the main building. 11. What is the present cash value of the building or buildings on which in- surance is wanted? $3,000. 12. What amount is there now insured on the property; in what offices, and in whose names. None. 13. What insurance is there by this company within fifty feet? None to the knowledge of the applicant. 14. Annex a diagram of the premises. Dated, , 19. . . A. B., AppUccmt. No. 3. The Standard Policy for Stock Company, in ITew Tork. No The Insurance Company of , In consideration of the stipulations herein named and of dollars premium, does insure for the term of from the day of , 19 . . . , at noon, to the day of , 19 . . . at noon, against all direct loss or damage by fire, except as hereinafter provided, to an amount not exceeding dollars, to the following described prop- erty, while located and contained as described herein, and not elsewhere, to- wit : This company shall not be liable beyond the actual cash value of the property at the time any loss or damage occurs, and the loss or damage shall be ascer- tained or estimated according to such actual cash value, with proper deduc- tion for depreciation, however caused, and shall in no event exceed what it would then cost the insured to repair or replace the same with material of like kind and quality; said ascertainment or estimate shall be made by the insured and this company, or, if they differ, then by appraisers, as hereinafter pro- vided; and, the amount of loss or damage having been thus determined, the sum for which this company is liable pursuant to this policy shall be payable sixty days after due notice, ascertainment, estimate, and satisfactory proof of the loss have been received by this company in accordance with the terms of this policy. It shall be optional, however, with this company to take all, or any part of the articles at such ascertained or appraised value, and also to re- pair, rebuild, or replace the property lost or damaged with other of like kind and quality within a reasonable time on giving notice, within thirty days after INSUEANOE. 711 the receipt of the proof herein required, of its intention so to do; but there can be no abandonment to this company of the property described. This entire policy shall be void if the insured has concealed or misrepre- sented, in writing or otherwise, any material fact or circumstance concerning this insurance or the subject thereof; or if the interest of the insured in the property be not truly stated herein ; or in case of any fraud or false swearing by the insured touching any matter relating to this insurance or the subject thereof, whether before or after a loss. This entire policy, unless otherwise provided by agreement indorsed hereon or added hereto, shall be void if the insured now has or shall hereafter make or procure any other contract of insurance, whether valid or not, on property covered in whole or in part by this policy: or if the subject of insurance be a manufacturing establishment and it be operated in whole or in part at night later than ten o'clock, or if it cease to be operated for more than ten consecu- tive days; or if the hazard be increased by any means within the control or knowledge of the insured; or if mechanics be employed in building, altering, or repairing the within described premises for more than fifteen day? at any one time; or if the interest of the insured be other than unconditional and sole ownership; or if the subject of insurance be a building on ground not owned by the insured in fee simple, or if the subject of insurance be personal property and be or become incumbered by a chattel mortgage; or if, with the knowledge of the insured, foreclosure proceedings be commenced or notice given of sale of any property covered by this policy by virtue of any mortgage or trust deed ; or if any change, other than by the death of an insured, take place in the in- terest, title, or possession of the subject of insurance (except change of occu- pants without increase of hazard), whether by legal process or judgment, or by voluntary act of the insured, or otherwise ; or if this policy be assigned before a. loss; or if illuminating gas or vapor be generated in the described building {or, adjacent thereto) for use therein; or if (any usage or custom of trade or manufacture to the contrary notwithstanding) there be kept, used, or allowed on the above-described premises, benzine, benzole, dynamite, ether, fireworks, gasoline, greek fire, gunpowder exceeding twenty-five pounds in quantity, naphtha, nitro-glycerine or other explosives, phosphorus, or petroleum, or any of its products of greater inflammability than kerosene oil of the United States standard (which last may be used for lights and kept for sale according to law but in quantities not exceeding five barrels, provided it be drawn and lamps filled by daylight or at a distance not less than ten feet from artificial light) ; or if a. building herein described, whether intended for occupancy by owner or tenant, be or become vacant or unoccupied and so remain for ten days. This company shall not be liable for loss caused directly or indirectly by in- vasion, insurrection, riot, civil war, or commotion, or military or usurped power, or by order of any civil authority ; or by theft ; or by neglect of the in- sured to use all reasonable means to save and preserve the property at and af- ter a fire, or when the property is endangered by fire in neighboring premises; or (unless fire ensues, and, in that event, for the damage by fire only) by ex- plosion of any kind, or lightning; but liability for direct damage by lightning may be assumed by specific agreement hereon. 712 If a building, or any part thereof fall, except as the result of fire, all in- surance by this policy on such building or its contents shall immediately cease. This company shall not be liable for loss to accounts, bills, currency, deeds, evidences of debt, money, notes, or securities ; nor, unless liability is spe- cifically assumed hereon, for loss to awnings, bullion, easts, curiosities, draw- ings, dies, implements, jewels, manuscripts, medals, models, patterns, pictures, scientific apparatus, signs, store or office furniture or fixtures, sculpture, tools, or property held on storage or for repairs; nor, beyond the actual value de- stroyed by fire, for loss occasioned by ordinance or law regulating construction or repair of buildings, or by interruption of business, manufacturing processes, or otherwise; nor for any greater proportion of the value of plate glass, fres- coes, and decorations than that which this policy shall bear to the whole in- surance on the building described. If an application, survey, plan, or description of property be referred to in this policy, it shall be a part of this contract and a warranty by the insured. In any matter relating to this insurance, no person, unless duly authorized in writing, shall be deemed the agent of this company. This policy may by a renewal be continued under the original stipulations, in consideration of premium for the renewed term, provided that any increase of hazard must be made known to this company at the time of renewal or this policy shall be void. This policy shall be canceled at any time at the request of the insured; or by the company by giving five days' notice of such cancellation. If this policy shall be canceled as hereinbefore provided or become void or cease, the premium having been actually paid, the unearned portion shall be returned on surrender of this policy or last renewal, this company retaining the customary short late; except that when this policy is canceled by this company by giving no- tice it shall retain only the 'pro rata premium. If, with the consent of this company, an interest under this policy shall ex- ist in favor of a mortgagee or of any person or corporation having an interest in the subject of insurance other than the interest of the insured as described herein, the conditions hereinbefore contained shall apply in the manner ex- pressed in such provisions and conditions of insurance relating to such interest as shall be written upon, attached, or appended hereto. If property covered by this policy is so endangered by fire as to require re- moval to a place of safety, and is so removed, that part of this policy in excess of its proportion of any loss and of the value of property remaining in the original location, shall, for the ensuing five days only, cover the property so removed in the new location; if removed to more than one location, such ex- cess of this policy shall cover therein for such five days in the proportion that the value in any one such new location bears to the value in all such new loca- tions; but this company shall not, in any case of removal, whether to one or more locations, be liable beyond the proportion that the amount hereby insured shall bear to the total insurance on the whole property at the time of fire, whether the same cover in new location or not. If fire occur, the insured shall give immediate notice of any loss thereby in writing to this company, protect the property from further damage, forthwith INSUEAIS^CE. 7113 separate the damaged and undamaged personal property, put it in tlip best pos- sible order, make a complete inventory of the same, statinp; the quantity and cost of each article and the amount claimed thereon: and, within sixty days after the fire, unless such time is extended in writing by this company, shall render a, statement to this company, signed and sworn to by said insured, stating the knowledge and belief of the insured as to the time and origin of the fire ; the interest of the insured and of all others in the property ; the cash value of each item thereof and the amount of loss thereon; all incumbrances thereon; all other insurance, whether valid or not, covering any of said property ; and a copy of all the descriptions and schedules in all policies ; any changes in the title, use, occupation, location, possession, or exposures of said property since the issuing of this policy; by whom and for what purpose any building herein described and the several parts thereof were occupied at the time of fire; and shall furnish, if required, verified plans and specifications of any building, fixtures, or machinery destroyed or damaged; and shall also, if required, fur- nish a certificate of the magistrate or notary public (not interested in the- claim as a creditor or otherwise, nor related to the insured) living nearest the place of fire, stating that he has examined the circumstances and believes the insured has honestly sustained loss to the amount that such magistrate or notary public shall certify. The insured, as often as required, shall exhibit to any person designated by this company all that remains of any property herein described, and submit to examinations under oath by any person named by this company, and subscribe the same; and, as often as required, shall produce for examination all books of account, bills, invoices, and other vouchers, or certified copies thereof if orig- inals be lost, at such reasonable place as may be designated by this company or its representative, and shall permit extracts and copies thereof to be made. In the event of disagreement as to the amount of loss the same shall, as above provided, be ascertained by two competent and disinterested appraisers, the insured and this company each selecting one, and the two so chosen shall first select a competent and disinterested umpire; the appraisers together shall then estimate and appraise the loss, stating separately sound value and dam- age, and, failing to agree, shall submit their differences to the umpire; and the award in writing of any two shall determine the amount of such loss; the parties thereto shall pay the appraiser respectively selected by them and shall bear equally the expenses of the appraisal and umpire. This company shall not be held to have waived any provision or condition of this policy or any forfeiture thereof by any requirement, act, or proceeding on its part relating to the appraisal or to any examination herein provided for ; and the loss shall not become payable until sixty days after the notice, ascer- tainment, estimate, and satisfactory proof of the loss herein, required, have been received by this company, including an award by appraisers when ap- praisal has been required. This company shall not be liable under this policy for a greater proportion of any loss on the described property, or for loss by and expense of removal from premises endangered by fire, than the amount hereby insured shall bear to tlie whole insurance, whether valid or not, or by solvent or insolvent insurers. 714 clekk's assistant. covering such property, and the extent of the application of the insurance under this policy or of the contribution to be made by this company in case of loss, may be provided for by agreement or condition written hereon or attached or appended hereto. Liability for reinsurance shall be specifically agreed hereon. If this company shall claim that the fire was caused by the act or neglect of any person or corporation, private or municipal, this company shall, on pay- ment of the loss, be subrogated to the extent of such payment to all right of recovery by the insured for the loss resulting therefrom, and such right shall be assigned to this company by the insured on receiving such payment. No suit or action on this policy, for the recovery of any claim, shall be sustainable in any court of law or equity until after full compliance by the insured with all the foregoing requirements, nor unless C0mmen($ed within twelve months next after the fire. Wherever in this policy the word " insured " occurs, it shall be held to in- clude the legal representative of the insured, and wherever the word " loss " occurs, it shall be deemed the equivalent of " loss or damage." If this policy be made by a mutual or other company having special regula- tions lawfully applicable to its organization, membership, policies, or contracts of insurance, such regulations shall apply to and form a part of this policy as the same may be written or printed upon, attached, or appended hereto. This policy is made and accepted subject to the foregoing stipulations and conditions, together with such other provisions, agreements, or conditions as may be indorsed hereon or added hereto, and no officer, agent, or other repre- sentative of this company shall have power to waive any provision or condition of this policy except such as by the terms of this policy may be the subject of agreement indorsed hereon or added hereto, and as to such provisions and con- ditions no oflicer, agent, or representative shall have such power or be deemed or held to have waived such provisions or conditions unless such waiver, if any, shall be written upon or attached hereto, nor shall any privilege or permission affecting the insurance under this policy exist or be claimed by the insured unless so written or attached. In witness whereof, this company has executed and attested these presents this day of , 19 . . . No. 4. Assignment of Interest by Insured. The interest of as owner of property covered by this policy is hereby assigned to subject to the consent of the Albany Insurance Company. Dated, (Signature of the insured.) Note. To secure mortgagees, if desired, the policy should be made payable on its face to such mortgagee, as follows: Loss, if any, payable to John Doe, mortgagee. INSUBANCE. 715 No. 5. Consent by Cionipany to Assignment of Interest. The Albany Insurance Company hereby consents that the interest of as owner of the property covered by this policy be assigned to Dated, , Agent. No. 6. Receipt for Cancellation. $ ,19... Received of the Albany Insurance Company, dollars, return pre- mium, in consideration of which this policy is hereby canceled and surrendered to said company. (Signature of the insured.) No. 7. New York Standard, Mortgagee Clause. Loss or damage, if any, under this policy, shall be payable to corporation (incorporated for building, loan, and savings purposes), located at Albany, N. Y., as mortgagee (or, trustee), as interest may appear, and this in- surance as to the interest of the mortgagee (or, trustee) only therein, shall not be invalidated by any act or neglect of the mortgagor or owner of the within described property, nor by any foreclosure or other proceedings or notice of sale relating to the property, nor by any change in the title or ownership of the property, nor by the occupation of the premises for purposes more hazardous than are permitted by this policy: Provided, that in case the mortgagor or owner shall neglect to pay any premium due under this policy, the mortgagee (or, trustee) shall, on demand, pay the same. Provided, also, that the mortgagee (or, trustee) shall notify this company of any change of ownership or occupancy or increase of hazard which shall come to the knowledge of said mortgagee ( or, trustee ) , and, unless permitted by this policy, it shall be noted thereon, and the mortgagee (or, trustee) shall, on de- mand, pay the premium for such increased hazard for the term of the use thereof; otherwise this policy shall be null and void. This company reserves the right to cancel this policy at any time ae pro- vided by its terms, but, in such ease, this policy shall continue in force for the benefit only of the mortgagee (or, trustee) for ten days after notice to the mortgagee (or, trustee) of such cancellation, and shall then cease, and this company shall have the right, on like notice, to cancel this agreement. Whenever this company shall pay the mortgagee (or, trustee) any sum for loss or damage under this policy, and shall claim that, as to the mortgagor or owner, no liability therefor existed, this company shall, to the extent of such payment, be thereupon legally subrogated to all the rights of the party to 716 whom suoh payments shall be made, under all securities held as collateral to the mortgage debt, or may, at its option, pay to the mortgagee {or, trustee) the whole principal due or to grow due on the mortgage, with interest, and shall thereupon receive a full assignment and transfer of the mortgage and of all such other securities; but no subrogation shall impair the right of the mortgagee {or, trustee) to recover the full amount of its claim. Date, Attached to, and forming part of policy No (Signature for company.) No. 8. Permit for the Use of a Gasoline or Vapor Stove. To be attached to policy No issued at the agency of the Albany Insurance Company, of Albany, N. Y., and made part of same at special request of assured. In consideration of dollars, extra premium, permission is hereby granted to use one gasoline or vapor stove in the building insured, or containing the property insured, under said policy, subject to the following conditions, which are accepted by assured, viz.: First. The reservoir of said stove to be filled by daylight only, and while no fire, blaze, flame, or artificial light is burning in the room, or in the room ad- joining having open communication therewith. Second. No gasoline or similar volatile or inflammable fluid, except that con- tained in said reservoir, to be kept or stored within said building, or within fifteen feet thereof. Third. Not more than five gallons of gasoline, or similar fluid, to be stored at one time on the premises adjacent to said dwelling (in an open, airy place, or in a room where no fire, heat, or artificial light is used, fifteen feet or more from the dwelling), the same to be kept in tight and entirely closed metallic can, not to be opened or handled except by daylight. Dated, this day of , 19 . . . Agent. Caution to users. — The danger from gasoline stoves is not so much in themselves as in the having of the material about. At ordinary temperature gasoline continually gives off inflammable vapor, and a light some distance from the material will ignite it through the medium of this vapor. It is said that ONE PINT OF GASOLINE WILL IMPREGNATE TWO HUNDRED CUBIC FEET OF AlB and make it explosive, and it depends upon the proportion of air and vapor whether it becomes a burning gas, or a destructive explosive. Beware of any leaks in cans, and never forget how dangerous a material you are hand- ling. It is vastly more dangerous than gunpowder, for gasoline vapor is in- visible, and being heavier than air it settles and lurks in lower places to suddenly destroy life and property as it chances to communicate with fire. In INSUEANCE. 717 reservoirs or cans containing the material, tlie space above the oil ie filled with this dangerous vapor, under pressure, and when released it expands in volume, often filling a small room. Query. — Why is such an additional rate charged? And why are the fore- froing conditions stipulated for such privilege? Answer. — Because the material you insist upon using is incendiary, danger- ous, treacherous, destructive, and classified with and under same legal restric- tions as gunpowder, nitro-glycerine, fireworks, etc. No. 9. Permit to Use Kerosene Oil Stove. Albany, N. Y., , 19 . . . Permission is given to use in the above-mentioned premises one kerosene oil stove, provided that kerosene of the standard of 110° or more is used; reservoir to be filled when cold, by daylight only; otherwise this policy is rendered null and void. Attached to policy No , Albany Insurance Co. Seeretary. No. 10. New York Standard, liightning Clause. This policy shall cover any direct loss or damage caused by lightning ( mean- ing thereby the commonly accepted use of the term lightning, and in no case to include loss or damage by cyclone, tornado, or wind storm), not exceeding the sum insured, nor the interest of the insured in the property, and subject in all other respects to the terms and conditions of this policy. Provided, how- ever, if there shall be any other insurance on said property, this company shall be liable only pro rata with such other insurance for any direct loss by light- ning, whether such other insurance be against direct loss by lightning or not. Attached to and forming part of policy No of the Albany Insurance Co., of Albany, N. Y. ,( Signature for company.) No. 11. Additional Clause. On one sewing machine, while contained in any collar factory, store, or dwelling-house in the city of Albany, N. Y. No Albany Insurance Company, cor. State and Chapel streets. 718 No. 12. Additional Clause. $ as follows : $ on story, roofed building, and additions thereto, occupied by as a. dwelling and situate at No on the side of street in , State of $ on household furniture and utensils of every description, useful and ornamental, carpets, beds, bedding, linen, family wearing apparel, silver plate and plated ware, china, glass and crockery ware, printed books and music, pictures, mirrors and engravings and their frames (value in case of loss not to exceed cost), traveling apparatus, sew- ing machines and appurtenances thereto, fuel and family stores, and musical instruments, all while contained in the above-described dwelling. Attached to, and forming a part of policy No of the Albany Insurance Company, of Albany, N. Y. Agent. No. 13. Additional Clause. on household furniture and utensils of every description, useful and ornamental, carpets, beds, bedding, linen, wearing apparel (belong- ing to any member of the family ) , silver plate and plated ware, china, glass and crockery ware, printed books and music, pictures, mirrors, and engravings, and their frames (value in case of loss not to exceed cost), traveling apparatus, sewing machines and appurtenances thereto, fuel and family stores, musical instruments, all while con- tained in the roof building, privileged to be occupied as a and situate No , in the city of Albany, N. y. No. 14. Additional Clause. $. $ on household furniture and utensils of every description, useful and ornamental, carpets, beds, bedding, linen, wearing apparel (be- longing to any member of the family ) , silver plate and plated ware, china, glass and crockery ware, printed books and music, pictures, INSUEANCE. 719 paintings, mirrors and engravings and their frames (value in case of loss not to exceed cost), watches and jewelry in use, traveling appa- ratus, sewing machines and appurtenances thereto, fuel and family stores, musical and scientific instruments, statutory, ornaments, gas fixtures and tools, all while contained therein. No. 15. Permit for Bepairs. Privil^e for mechanics to make ordinary alterations and repairs, but it is understood and agreed that extraordinary alterations, repairs, or additions are prohibited, without notice to, and consent of, this company, in writing. No. 16. New York Standard, Agency Renewal. f!o. .... amounts, $ Rate, Premium, $ Albany Insurance Company, insured In consideration of dol- lars, being the premium on dollars, policy No , is hereby re- newed and continued in force for to-wit, from the day of , 19 . . . , at noon, until the day of , 19 . . . , at noon. Property, Not valid until countersigned by the authorized agent at Seoretary. Countersigned at , this day of , 19 . . . Agent. No. 17. Beinsurance. This form, attached to and being a part of policy No of the Insurance Company of , reinsures the Albany Insurance Company of Albany, N. Y., as follows : On a pro rata part of its liability as insurer under its policy No for $ issued at its agency at This policy of reinsurance to be subject to same risk, conditions, valuations, liability and mode of settlement as are or may be assumed or adopted by the reinsured company, and loss, if any, payable pro rata with, and at and in the same time and manner as said reinsured company. Y20 cleek's assistant. It is a condition of this reinsurance that the reinsured company is to retain at its own risk under the policy hereby reinsured an amount equal to the amount of this policy, or failing to do so, this company shall npt be liable for an amount greater than that for which the reinsured company may be liable for its sole account. Countersigned at , this day of , 19 . . . Agent. No. 18. ITotice of Loss by Fire. To the Officers of the Salamander Insurance Company: Gents. — Take notice, that my dwelling-house, situated on Erie street in Poughkeepsie, insured in your company by policy No. 3895, was burned early this morning. The origin of the fire is unknown to me. Full proof of the loss will be duly forwarded in a day or two. Poughkeepsie, , 19 . . . Yours, etc., A. B. No. 19. Proof of Loss. STATE OF NEW YORK, ) County of Dutchess, f A. B., of the city of Poughkeepsie, being duly sworn, deposes and says, that he was the sole owner of the dwelling-house on Erie street, between Albany and Genesee streets in said city, insured in the Salamander Insurance Company of the city of New York, as specified in policy No. 3895 of said company; that there was no other insurance on said building at the time of the fire hereafter mentioned, to the knowledge or belief of this deponent; that said building was wholly consumed by fire on the morning of the 15th of May inst. ; that the fire was discovered on or about 3 o'clock, A. m. ; that the cause or origin of the fire is to this deponent unknown; that the cash value of said dwelling-house, just previous to the fire, was the sum of $2,000 ; that said dwelling was, at the time the fire originated, occupied by this deponent and his family, and no one else, as a dwelling-house. Sworn, etc. A. B. No. 20. Additional Proof of Value. STATE OF NEW YORK, 1 J-ss.; County of Dutchess, ) B. B., of the city of Poughkeepsie, being sworn, says that he is a carpenter and master builder in said city; that he knew the dwelling-house of A. B., of INSURANCE. 721 said city; that he has had occasion thoroughly to examine said house within one year last past; that the cash value of said house, on the 14tli of May, 1898, was the sum of $2,000; that he was present this morning at the iire mentioned in the affidavit of A. B., to which this affidavit is annexed, and this deponent is of opinion that said house cannot be replaced for the sum of $2,200. Sworn, etc. B. B. No. 21. Certificate of ITotary Public or Justice of the Peace. STATE OF NEW YORK, I CSty of Poughkeepsie, j I, G. H., a notary public (or, justice of the peace), residing in said city, do hereby certify that I have read the foregoing affidavits; that I am in no way concerned in the loss therein mentioned, eithei as owner or creditor, or other- wise, nor related to the insured or sufferers. I have made diligent inquiry and cyamination into the facts fet fortli in the foregoing affidavits, and also into the circumstances attending the fire and loss, or damage therein alleged; that I am acquainted with the character and circumstances of the claimant, and I verily believe that such claimant has, by misfortune, and without fraud or evil practice, sustained loss and damage to the property insured to the amount of at least $2,000. G. H., Notary Public, (l. s.) No. 22. Proof of Loss where Froi>erty is Per Sale on Commission, or in Store. STATE OF NEW YORK, ) ^^ . City and County of Albany, ) E. A., of the city of Albany, being duly sworn, says, he is one of the firm of E. A. & Co. of said city; that the following is a true and just inventory of property insured by the Howard Insurance Company of New York, by policy No. 1656, at Albany; that no other insurances have been made on said property to the knowledge or belief of deponent; that the whole cash value of the sub- ject insured is, as hereinafter stated, and owned as hereinafter stated, and not otherwise; that the building insured contained the property destroyed by fire, as herein mentioned, including ordinary store fixtures and store furniture, which was also destroyed, and nothing else of consequence was in said store; that the ownership of said insured property was, as hereinafter stated, and not otherwise or different, to the knowledge of deponent. There was a whole and total loss of the building and its contents, except books of account and papers, and one iron safe and one desk, although the insured used their best endeavors for saving and preserving said property. Said fire originated between 12 and 1 o'clock, r. m., on the 17th day of , 19. . ., in a store about ten doors south of this deponent, but how 46 722 clekk's assistant. or in what manner is to this deponent unknown; spreading northward with great rapidity, destroying the said insured property and every building on that side of the square or block. The following is a statement of said property consumed as aforesaid by fire, at No. 120 Albany street, in said city: Account of B. D. on commission, 100 bbls., at $5 $500 Account of C. E. on commission, 200 bbls., at $5.50 1,100 Account of F. G. in store, 50 bbls., at $6 300 Account of H. K. in store, 150 bbls., at $5 750 Total value $2,650 Sworn, etc. E. A. CHAPTEE XXXVIII. JUSTICES' COURTS IN NEW YORK. EVEBY JUSTICE OP THE PEACE elected in any town of this State, or appointed for any city in which special courts are not established by law, is authorized to hold a court for the trial of all actions in eases hereinafter enumerated, and to hear, try, and determine the same according to law and equity. But if, after the election of any person as a justice of the peace, he shall become an inn- holder or tavern-keeper in fact, he shall not have power or jurisdiction to try civil causes; but he may issue execution upon judgments actually rendered by him before he became so disqualified. (Code, § 2866.) Place of trial. — Every such action shall be brought before some justice of the town or city wherein either one of the parties resides; or a justice of an adjoining town or city in the same county except in one of the following cases : 1. When the defendant has absconded from his residence then in the town or city in which the defendant or a portion of his property is at the commence- ment of the action. 2. If plaintiff is a nonresident, then before a justice of the town or city where one of the plaintiffs is at the time of the commencement of the action. 3. When the defendant is a nonresident of the county, then before a justice of the town or city in which he is at the time of the commencement of the action. (Id., § 2869.) JinsiSDiCTiON. — Justices of the peace shall have civil jurisdiction of the fol- lowing actions, and no other : 1. An action arising on contract (other than a promise to marry) for the recovery of money only, if the sura claimed do not exceed $200. 2. An action for damages for a personal injury or an injury to property, if the damages claimed do not exceed $200. 3. An action for a fine or penalty not exceeding $200. i. An action upon a bond conditioned for the payment of money, when the sum claimed does not exceed $200, the judgment to be given for the sum actu- ally due. Where the payments are to be made by installments, an action may be brought for each installment as it shall become due. 5. An action upon a surety bond taken by any justice of the peace. 6. An action on a judgment rendered in a court of a justice of the peace, or in a District Court of the city of New York, on in a justice court of a city being a court not of record. 7. An action to recover one or more chattels with or without damages, the value of which, as stated in the affidavit made on the part of the plaintiff, does not exceed the sum of $200. 8. An action for an escape where the damages claimed do not exceed $200. (Id., § 2862.) justices' couets in new yoek. 72y Suits, how commenced. — Suits may be instituted before a justice eitlier by the voluntary appearance and joinder of issue by the parties or by the service of a summons. (Id., § 2876.) There are two kinds of summons. The ordinary summons is directed to any constable of the county where the justice resides, commanding him to summon the defendant to appear at a time and place therein mentioned, not less than six nor more than twelve days from the date of the same, to answer the complaint of the plaintiflF in a civil action, and must be served at least six days before the time of appearance men- tioned therein. (Id., § 2877.) When the summons is accompanied with an order of arrest, it must be made returnable immediately upon the arrest of the defendant, within twelve days after the day when it was issued. ( Id. ) A justice shall, upon application, issue an order of arrest in the following cases : 1. Where the defendant is a nonresident of the county. 2. Where the plaintiff is a nonresident, or if two or more plaintififs, neither of them is a resident of the county. 3. When it shall appear to the satisfaction of the justice, by the affidavit of the plaintiff or another person, that the defendant is about to depart from the county, with intent not to return thereto. 4. An order of arrest cannot be issued against a female. ( Id., § 2894. ) The order is to be directed to any constable of the county where the justice issuing the same resides, and shall command such constable to take the defend- ant, and bring him before such justice to notify the plaintiff. (Id., § 2897.) The constable is to arrest the defendant and bring him before the justice, giving the plaintiff notice of the arrest. The defendant cannot be detained longer than twelve hours from the time he shall be brought before the justice, unless within that time the trial of the cause shall be commenced, or unless it shall be delayed at the instance of the defendant. (Id., § 2898.) An attachment against the property of any debtor may be issued in an action brought upon a judgment, or to recover from one or more of the following causes : 1. Breach of a contract. 2. Wrongful conversion of personal property. 3. Any other injury to personal property in consequence of negligence, fraud, or other misconduct. (Id., § 2905.) Whenever it shall satisfactorily appear to the justice that such debtor has departed, or is about to depart, from the county where he last resided, with intent to defraud his creditors or to avoid the service of any civil process, or that such debtor keeps himself concealed with the like intent. (Id., § 2906.) The application for such attachment must be in writing, and the necessary facts for the issue thereof must be shown by affidavit, and must be accom- panied by an undertaking with two or more sureties in an amount of at least $200, to be approved by such justice, in writing, conditioned to pay such de- fendant all damages and costs which he may sustain by reason of the issuing of such attachment, if such plaintiff fail to recover judgment thereon; and if such judgment be recovered, that such plaintiff will pay the defendant all moneys which shall be received by him from any property levied upon by such attachment, over and above the amount of such judgment, and interest and costs thereon. (Id., § 2908.) The constable shall execute the attachment at least six days before the return day, and take into his custody goods and chattels of the defendant sufficient to satisfy the demands of the plaintiff. (Id., § 2909.) The goods so attached shall not be removed, provided an undertaking, with suf- ficient surety, to be approved by the constable, be given, in a penalty double the value of the goods attached, conditioned that such goods and chattels shall be produced to satisfy any execution that may be issued upon any judgment which shall be obtained by the plaintiff upon such attachment, within six months after the date of such bond, (Id., § 2911.) 724 cleek's assistant. If a third person shall claim such goods, the goods are not to be removed, provided he furnish a like bond to the constable, conditioned that in a suit to be brought on such bond within three months from the date, such claim- ant will establish that he was the owner of the goods seized at the time of such seizure, and in ease of failure to do so, that he will pay the value of the goods, with interest. (Id., § 2912.) Anj' plaintiff or defendant, except persons under twenty-one years of age, may appear and conduct his suit either in person or by attorney. (Id., § 2886.) Infants, whether plaintiffs or defendants, must appear by guardian. (Id., §§ 2887, 2888.) The guardian of an infant plaintiff is liable for the costs, while the guardian of an infant defendant is not liable for costs. (Id.) At the time of the first appearance of the parties before the justice, either upon the return of process, or their voluntary appearance to join issue, the pleadings of the parties shall be made and issue joined. (Id., § 2934.) Pleadings. — ^The pleadings are, the complaint by the plaintiff, the answer by the defendant, and a demurrer by either party to the pleading of his adversary, or to any part of such pleading, when it is not sufficiently explicit to enable him to understand it, or it contains no cause of action or defense, although it be taken as true. (Id., § 2935.) The pleadings are not required to be in any particular form, but must be such as to enable a person of common understanding to know what is intended. They may be oral or in writing; if oral, the substance of them shall be entered by the justice in his docket; if in writing, they shall be filed by him, and a reference to them shall be made in the docket. (Id., § 2940.) The complaint shall state, in a plain and direct manner, the facts constituting the cause of action. (Id., § 2936.) The answer may contain a denial of the complaint or of any part thereof, and also notice in a plain and direct manner of any facts constituting a defense. (Id., § 2938.) Amendments. — The pleadings may be amended at any time before the trial, or during the trial, or upon appeal, when by such amendment substantial jus- tice will be promoted. ( Id., § 2944. ) CoTJNTEKCLAiM AND SET-OPT. — A defendant may set off demands, which he has in the following cases, and under the following circumstances: It must be a demand arising upon judgment or upon contract, and if it be upon a bond or other contract having a penalty, the sum equitably due thereon shall be set off ; it must be due to him in his own right, and must be for real estate or personal property sold, or for money paid, or services done; or if it be not such a demand, the amount must be liquidated, or be capable of being ascertained by calculation ; it must have existed at the time of the commencement of the suit, and must then have belonged to the defendant; it can be allowed only in ac- tions founded upon demands which could themselves be the subject of set-off; if there be several defendants, the demands set off must be due to all of them jointly, and it must be a demand against the plaintiff in the action. (Id., § 2945.) If the action is brought by a plaintiff in a representative capacity, then a like demand against the person or part}' whom he represents may be set off. (Id., § 2946.) If the amount of the set-off, duly established, be equal to the plaintiff's debt, judgment shall be entered for the defendant, with costs; if it be less than the plaintiff, he shall have judgment for the remainder, with costs; if it be more than the plaintiff's debt, then the defendant shall have judgment for such excess, with costs, unless the balance found due the defendant shall exceed $200 ; in the latter ease the court shall set off so much of the jdefendant's claims as will satisfy the plaintiff's demand, or shall enter a judgment of discontinu- ance for the defendant, with costs, as the defendant may require. (Id., § 2949.) If a defendant neglect to plead or give notice of any set-off he may have, as above stated, he shall be forever thereafter precluded from maintaining any action to recover the same or any part thereof. (Id., § 2947.) Adjournments. — At the time of the return of a summons or of joining issue without process, and at no other time, a justice may, in his discretion, and 725 with or without the consent of parties, adjourn the case not exceeding eight days. If defendant has been arrested no adjournment to be made. (Id., § 2959.) At the time of the return of a summons, or the joining of issue without process, the plaintiff will be entitled to an adjournment, not exceeding eight days thereafter, if he or his attorney shall, if required by the defendant, make oath that he cannot safely proceed to trial, for want of some material testi- mony or witness. (Id., § 2960.) In all cases the cause shall be adjourned on the application of the defendant on his complying with the following requisitions: 1. The application must be made at the time of joining issue. 2. If required by the plaintiff or the justice, the defendant shall make oath that he cannot safely proceed to trial for the want of some material testi- mony or witness, to be specified by him. 3. If required by the plaintiff, he shall give security by undertaking, with such security as the justice shall approve. Such adjournment shall be for such reasonable time as will enable the de- fendant to procure such testimony or witness. (Id., § 2961.) Witnesses. — Any justice of the peace may issue subpoenas to compel the attendance of witnesses to give evidence on any trial depending before him, or any other justice. (Id., § 2969.) A subpoena may be served by any person by reading the same or stating the contents to the witness, and by paying or tendering the fees allowed by law for one day's attendance of such witness. (Id., § 2970.) If a witness properly subpoenaed refuse or neglect to appear, the justice may issue an attachment and cause his arrest, and that he be brought before him, and unless he give satisfactory excuse for not appearing, the justice may impose a fine upon him for such nonappearance. (Id., § 2971.) Time within which judgment ebndbeed. — When a case tried by a justice without a jury, he must render his judgment within four days after the trial. (Id., § 3015.) Confession of judgment. — A justice of the peace may enter a judgment by confession of the defendant, in any case where the debt or damages confessed shall not exceed $500, when the following requisites must be complied with: 1. The defendant must personally appear before the justice. 2. The confession shall be in writing, signed by the defendant, and filed with the justice. 3. If the judgment be confessed for a sum exceeding $50, the confession shall be accompanied by the aflSdavit of the defendant and plaintiff stating that such defendant is honestly and justly indebted to the plaintiff in the sum named in such affidavit, over and above all just demands which he has against him, and that such confession is not made or taken with a view to defraud any creditor. (Id., § 3011.) Execution. — The party prevailing, and who obtains judgment, is entitled to execution, which may be issued by the justice at any time within five years from rendering the judgment. An execution may be renewed by the justice issuing the same while unsatisfied, although a levy has been made, and is re- newed by an indorsement thereon, specifying the amount due, if anything has been paid or collected thereon, and the date of the renewal ; the indorsement must be signed by the justice. (Id., § 3027.) Where the execution is against the person, the constable must take the body of the person against whom the execution issued and convey him to the common jail of the county, where he is to be detained in safe custody, until the debt or damages be paid, or he be discharged by due course of law. (Id., § 3032.) Tbansceipt op judgment. — A justice of the peace, on the demand of a party in whose favor he shall have rendered a judgment, shall give a transcript thereof, which may be filed and docketed in the office of the clerk of the county where the judgment was rendered, and a transcript therefrom may be docketed in any other county in the State. After the judgment has been docketed in the county clerk's office, the execution shall be issued by the county clerk. (Id.. § 3017.) Commission. — A commission may be issued to take the testimony of a wit- ness, whenever it shall appear, after issue joined in the action, that one or more 726 ASSISTANT. material "witnesses live out of the county and beyond the jurisdiction of the justice. And the trial of the cause is to be postponed until the return of the commission. When the defendant fails to appear the plaintiff is entitled to a commission. (Id., § 2980.) JuBiSDiCTiON IN CKIMINAL CASES. — In Criminal matters, the jurisdiction of the justice is confined to the county in which he is chosen. He may receive complaints and issue warrants to apprehend offenders, where the offense was committed within his county, although the criminal may have escaped into another county. By virtue of his authority as a conservator of the public peace, a justice may apprehend, or cause to be apprehended, any person committing a felony or breach of the peace in his presence. (Crim. Code, § 177.) It is his duty, when per- sons are brought before him on arrest on a criminal warrant, to examine in regard to the alleged offense, and then to discharge the person charged, or commit him to the jail to await the action of the grand jury, or to hold him to bail, as the nature of the case may require. (Id., §§ 188-208.) Courts of Special Sessions shall be held by a single magistrate, authorized to sit as a member of a Court of Special Sessions, and all offenses triable before su.'h courts may be tried before such single magistrate, with or without a jury, at the election of the prisoner. ( Id., § 62. ) In most of the cities of this State, Courts of Special Sessions and justices' courts are established by special laws, but their jurisdiction and powers are nearly the same as those of the Courts of Special Sessions, and courts of jus- tices of the peace, established by the general statute. Not coukts op becobd. — Justices' courts are not courts of record, and judg- ments rendered by them are barred, by the statute of limitations, in six years, unless docketed in the office of the county clerk. (Code, § 382.) And when so docketed they become a lien on real estate if for a sum amounting to $25. exclusive of costs, and for the same period as if obtained in a court of record. (Id., § 376.) Note. Jurisdiction. — Subdivision 5 of section 2869 of Code does not affect right, given to resident of city to sue nonresident of eounty in town adjoining city. Head's I. Foundry v. Sanders, 77 Hun, 432, 60 St. R. 17. Action may be brought against nonresident in town adjoining city in which plaintiff resides, though former was not in such town when action was com- menced. Slavin v. Mansfield, 77 Hun, 535, 60 St. R. 393. Justice has no authority to dismiss action, until it is made to appear to him by proof that amounts in dispute exceed his jurisdiction. Bartlett v. Mugett, 75 Hun, 292, 23 C. P. 288; 31 Abb. N. C. 259, 56 St. R. 771. He is not ousted of jurisdiction because amounts claimed in pleadings exceed that sum. Id. Removal. — What conduct on part of justice held sufficient to authorize his removal. Matter of Carpenter, 50 St. R. 631. Removal of justice of peace from office can be made only by General Term of Supreme Court. Matter of Prescott, 77 Hun, 518, 60 St. R. 391. Pacts held insufficient to warrant removal of justice of the peace on ground of oppressive conduct. Matter of Peterson, 39 St. R. 923. Justice of the peace is disqualified, when attorney for plaintiff in another action, H-ubbell v. Harbeck, 54 Hun, 147, 26 St. R. 748. FORMS OF THIS CHAPTER. No. Page. Summons — Common 1 731 Return of service 2 732 Return of nonservice 3 732 Affidavit order of arrest 4 733 Affidavit to obtain warrant for not paying over moneys collected 5 734 Affidavit by nonresident for a warrant for trespass to personal property, 6 734 justices' courts in new yoek. 727 No. Page. Affidavit for a warrant for trespass to personal property, and defendant about to leave the country 7 734 Subpoena to compel attendance of a vfitness to make affidavit for at- tachment 8 73" Summons and order of arrest 9 TS-l Proof of service 10 736 Plaintiff's undertaking on arrest 11 737 Defendant's undertaking on arrest 12 738 Defendant's undertaking on adjournment — No arrest 13 739 Affidavit for attachment 14 741 Summons and warrant of attachment 15 741 Proof of service 16 743 A copy of the attachment made by the constable, to be served on defend- ant, is to be Indorsed by the constable as follows 17 744 Plaintiff's undertaking for attachment 18 744 Defendant's undertaking on attachment 19 746 Bond to be given by a claimant of the goods attached 20 747 Constable's return to an attachment 21 747 Summons, affidavit, and reaulsltions in replevin 22 748 Constable's return 23 750 Defendant's affidavit and notice in replevin 24 750 Defendant's undertaking in replevin 25 751 Complaint in replevin 26 753 Consent and appointment of guardian for an infant plaintiff 27 753 Consent and appointment of guardian for an infant defendant 28 754 Power of attorney to appear in a justices' court 29 754 Acknowledgment to power of attorney 30 754 Undertaking on adjournment 31 75r> Justification of security 32 755 Undertaking on adjournment, for a tort or wrong 33 756 Undertaking by defendant, upon tendering a plea of title 34 756 Approval to be Indorsed on the foregoing by the justice 35 757 Bond of defendant upon a plea of title where the defendant has been arrested 36 757 Bond to detain a canal-boat on a State canal 37 757 Complaint — verified 38 758 Complaint against maker of a note 39 759 Complaint for work, labor, and services 40 760 Complaint for work and labor, and cause of action assigned 41 760 Complaint for rest 42 760 Complaint for goods sold 43 760 Complaint against carrier for loss of goods 44 760 Complaint for injuring personal property 45 761 Complaint for injury to real property 46 761 Complaint for breach of warrant 47 761 Answer — General denial 48 762 Answer — Plea of title 49 762 Countersignment of justice indorsed thereon 50 762 Demurrer 51 763 Subpoena 52 763 Eeturn of subpoena 53 763 Subpoena duces tecum 54 76,'? Affidavit of service of subpoena 55 764 Summons against a defaulting witness 56 764 Attachment against a defaulting witness 57 764 Notice that party will apply for a commission 58 76.''> Affidavit of service of notice for a commission 59 765 Affidavit on which to move for a commission 60 766 Commission 61 766 728 No. Page. Interrogatories annexed to commission 62 76i> Cross-interrogatories , 63 767 Approval of justice Indorsed on interrogatories 64 767 Commissioner's summons for a witness 65 767 Oath of witness by commissioner 66 767 Caption of deposition 67 767 Summons against a defaulting Juror 68 768 Minute of conviction of defaulting witness or juror to be entered in justice's docliet 69 768 Execution for fine and costs imposed upon a defaulting witness or juror, 70 769 Civil venire 71 769 Return of venire 72 770 Trior's oath on challenge to the array of favor 73 770 Trior's oath on challenge to the polls for favor 74 770 Oath of witness on a trial of a challenge 75 770 Juror's oath 76 771 Oath of a party or Interested witness, to prove the death or absence be- yond the reach of a subpoena of a subscribing witness to a paper 77 771 Of party, or interested witness, to admit evidence of the contents of a paper not produced 78 771 Voire dire 79 771 Oath of witness 80 771 Constable's oath on retiring with jurors 81 771 AfiSdavlt that the Justice is a material witness in the cause 82 772 Confession of judgment 83 772 Transcript, defendant's person liable 84 774 Transcript, defendant's person not liable 85 774 Execution against property 86 775 Indorsements 87 77.T Indorsement on execution against joint debtors not all served with process 88 776 Renewal of the execution for whole amount to be indorsed on the ex- ecution 89 776 Renewal of the execution (or part to be Indorsed thereon 90 776 Execution against person 91 77(1 Affidavit to obtain discharge from jail of a person having a family 92 777 Affidavit to obtain discharge from Jail of a person not having a family, 93 777 Advertisement of sale by a constable 94 777 Removal of constable upon complaint for not paying over money col- lected by him 95 778 Warrant against offender In case of criminal contempt 96 778 Record of the conviction of an offender for a criminal contempt 97 779 Commitment for a contempt 98 779 Commitment of a witness for refusing to be sworn or to testify 99 780 Constable's sale . ; 100 781 Notice of appeal — Justices' court 101 781 Undertaking on appeal from justices' court money judgment 102 782 Complaint and examination on application for surety of the peace 103 783 Examination 104 783 "Warrant for arrest; security to keep the peace 105 784 "Warrant for surety of the peace on threat to commit a crime against property 106 785 Discharge 107 785 Undertaking to keep the peace 108 786 "Warrant of commitment — Security to keep the peace 109 786 "Warrant to release prisoner 110 787 "Warrant of commitment Ill 788 Information for felony or misdemeanor 112 788 Information for affray 113 788 justices' COtTETS IN NEW YORK. 729 No. Page. nformation for arson 114 789 uf ormatlou for arson, second and third degrees 115 789 nformation for assault and battery 116 700 nformation for assault with Intent to kill 117 790 nformation for assault with intent to kill with firearms 118 790 nformation for assault with Intent to ravish woman ten years and over 119 791 nformation for assault, etc., on child under ten years of age 120 791 nformation for assault on an officer 121 702 nformation for confining cows in a crowded condition 122 792 nformation for injury to animal by act or neglect 123 703 nformation for keeping, etc., place for fighting animals 124 793 nformation for overdriving, etc., any living creature 125 794 nformation for setting on foot, etc., fights among game animals 126 794 nformation against disorderly child 127 795 nformation for disorderly house 128 705 nformation for permitting, etc., place to be kept and used for fighting dogs, etc 129 796 nformation for embezzlement 130 796 nformation for false pretenses 131 796 nformation for felony or misdemeanor 132 797 nformation for forgery 133 708 nformation for assault — Sharp, dangerous weapon 134 798 nformation for bigamy 135 798 nformation for breach of the peace 136 799 nformation for acts tending to create a breach of the peace 137 799 nformation for burglary, first degree, and larceny 138 800 nformation for burglary and larceny 139 800 nformation against persons having custody of child permitted to beg, etc 140 801 nformation as to violation of ordinances 141 801 nformation for abandoning maimed creature in a public place 142 801 nformation for aiding, etc., persons to fight dogs, etc 143 802 nformation for allowing disabled animals to lie in highways, etc 144 802 nformation for carrying creatures In a cruel manner 145 803 nformation for keeping, etc., a room, etc., for gambling 146 803 nformation for seizure, etc., of gambling apparatus 147 803 nformation for Interfering with an officer 148 804 nformation for killing unborn quick child 149 804 nformation for larceny 150 805 nformation for larceny from the person 151 805 nformation for libel 152 806 nformation for malicious mischief 153 806 nformation for malicious trespass 154 807 nformation — Manslaughter, first degree 155 807 nformation for mayhem 156 807 nformation for misdemeanor ; 157 808 nformation for murder perpetrated by an act dangerous to others 158 808 nformation for murder perpetrated In commission of a felony 159 809 nformation for murder perpetrated from deliberate design 160 809 nformation for perjury 161 809 nformation to obtain warrant against fighting, etc 162 810 nformation as to female under sixteen years living In house of prosti- tution 163 811 nformation for public intoxication 164 811 Warrant for commitment 165 812 nformation for receiving stolen goods 166 812 nformation for reckless driving 167 813 nformation for refusing to aid an officer 1R8 S13 nformation for rescuing a prisoner 169 814 730 cleek's assistant. No. Page. Information for robbery — First degree 170 814 Information for seduction 171 815 Information against persons selling, etc., chattels 172 813 Information against person selling material, etc., furnished to be manu- factured •• 173 816 Information for selling, etc., mortgaged property 174 816 Warrant for grand larceny 175 817 Warrant for assault and battery 176 817 Warrant for murder, against an offender whose name is unknown 177 817 Warrant for murder against an offender whose name Is known 178 818 Statements of offenses to be substituted In the place of the words in parentheses in the preceding term 179 817 For manslaughter 180 819 Another form of manslaughter 181 819 Return, where all the defendants cannot be found 182 819 Return, where the magistrate who Issued the warrant is absent 183 819 Return, when the magistrate who issued the warrant has gone out of office 184 819 Direction to arrest on Sunday or at night 185 820 Warrant to prevent prize fights, cruelty to animals, etc 186 820 Warrant for seizure of gaming apparatus, etc 187 821 Warrant as to females under sixteen years living, etc., in house of prostitution 188 821 Warrant of arrest for misdemeanor or felony 189 822 For a rape 190 822 For a rape on a female under ten years of age '. 191 823 For maiming 192 823 Another form for maiming 193 823 For shooting at another, with intent to kill 194 823 For attempting to discharge firearms, with intent to commit a felony . . 195 824 For an assault with a deadly weapon, with intent to kill, or rob, or malm, 196 824 For assault with Intent to kill, by means of force likely to produce death, without a deadly weapon 197 824 For murder by poisoning 198 824 For administering poison with intent to kill 199 825 For mingling poison with food, etc., with intent to kill, though the poison be not taken 200 825 For an assault, with intent to commit felony 201 825 For assault, by setting on a dog to bite 202 826 For an assault, by driving a cart against a wagon, and thereby injur- ing the driver of the wagon 203 826 For assaulting a sheriff in the execution of his office 204 826 For false imprisonment 205 826 For receiving stolen goods 206 82" For perjury 207 82T For conveying instruments into jail to aid a prisoner's escape 208 827 For rescuing a prisoner for felony from the custody of an officer 200 827 For aiding a prisoner on a criminal charge to escape from the custody of an officer 210 828 For a riot 211 828 For bigamy 212 828 For keeping a disorderly house 213 829 Foi trespass in cutting timber 214 829 Proof of Justice's signature 215 829 Return 216 829 Indorsement upon warrant 217 8.30 Undertaking to appear before magistrate issuing warrant taken In the county of 218 830 Certificate of admission to ball 219 831 Certificate denying application to bail 220 831 COTJETS IN NEW YORK. 731 No. Page. Information against person arrested without warrant for committing a felony 221 hil Statement and questions put to defendant by Justice 222 832 Ball for defendant's appearance before justice 223 832 Affidavit of surety 224 833 Commitment 225 833 Commitment for further examination 226 834 Indorsement of waiver of examination 227 834 Statement of defendant 228 834 Authentication by justice of statement made by prisoner 229 834 After statement of waiver 230 835 Testimony 231 835 Indorsement to be made on depositions and statement of defendant in ease of prisoner's discharge 232 836 Notice of discharge, when defendant is in jail 233 836 Indorsement of commitment 234 836 Indorsement to be made on depositions and statement of defendant if believed guilty 235 836 Indorsement to be made on depositions and statement of defendant it believed guilty and crime be not bailable 236 837 Indorsement to be made on depositions and statement of defendant if crime be bailable and bail taken 237 837 Indorsement to be made on depositions and statement of defendant if crime be bailable and defendant admitted to ball, but ball have not been taken 238 837 Indorsement of commitment, offense not bailable 239 837 Certificate of bail 239a 838 Undertaking to grand jury 240 838 Order for bail, on commitment 241 838 Commitment 242 839 Commitment where crime is not bailable, and where it is bailable — But bail is not taken 243 839 Undertaking of witness without sureties 244 839 Undertaking of witness with sureties 245 840 Order that witness give security for appearances 246 841 Commitment for neglecting to give security for appearance 247 841 Complaint for a search warrant to be executed In the daytime 248 842 Complaint for a warrant to be executed in the nighttime 249 843 Search warrant 250 843 Subpoena — Criminal 251 843 Affidavit and order for attendance of witnesses 252 844 Criminal venire 253 844 Record of conviction 254 84."> Certificate of conviction and commitment 255 845 Certificate to add to copy to be delivered to officer, as mittimus 256 846 Certificate of conviction and commitment to Albany penitentiary 257 846 Certificate to add to copy to be delivered to officer, as mittimus 258 847 No. 1. Summons — Common. (Code, § 2877.) COUNTY, I Town of , n' To any Constable of said County, Greeting: The people of the State of New York command you to summon , the defendant, to appear before the undersigned, a justice of the peace, at , in said town, on the day of , 19 ... , at .... 732 cleek's assistant. o'clock, in the noon, to answer the complaint of , the plaintiff in a civil action. Dated, at the town aforesaid, this day of , 19 . , . J Justice of the Peace. Note. Clerical error in date of copy summons served will be disregarded, where it does not mislead defendant. Griilin v. Jackson, 36 St. B. 110. No. 2. Beturn of Service. County, ss. : I hereby certify that on the day of , 19 ... , I served the within summons on the within-named defendant, , by delivering to and leaving with , personally, a true copy thereof. Fees, $ Constable. County, ss. . , being duly sworn, says, that the travel charged in the fees herein, viz. : miles, was necessary to perform the service with re- spect to which the above traveling fees are charged; that no more miles are charged for than were actually and in good faith traveled for that purpose; that he had at the time no other official or private business upon the route so traveled, and that the traveling fees are charged upon one, the within, man- date only.l Sworn to before me, this . . . . day of , 19. . . ( J Justice of the Peace. No. 3. Beturn of Nonservice. (Id., § 2885.) County, ss. : I hereby certify that the within summons was not served, and that the reason why I failed to serve it was that Constable. County, ss. : , being duly sworn, says, that the travel charged in the fees herein, viz. : miles, was necessary to perform the service with re- ' Code, § 3324. JUSTICES COUETS I^ NEW YOEK. 1 66 spect to which the above traveling fees are charged; that no more miles are charged for than were actually and in good faith traveled for that purpose ; that he had at the time no other official or private business upon the route so traveled, and that the traveling fees are charged upon one, the within, man- date only .2 Sworn to before me, this . . day of ,19. Justice of the Peace. Note. Under Laws of 1881, chapter 414, constable's certificate must show that copies of papers were left with defendant. McMullen v. Mackey, 25 St. R. 265. Service of justice's summons cannot be made upon nonresident of county, attending court. People ex rel. Hess v. Flansburgh, 74 Hun, 130, 55 St. R. 872. No. 4. Affidavit for Order of Arrest. (Id., §§ 2894-2897.) JUSTICES' COURT. — Before , Justice. A. B. agt. C. D. yss.. COUNTY OF Town of .' , being duly sworn, says, . . h . . is , the plaintiff . . herein; that the plaintiff. . h. . applied to said justice for a summons herein, and hereby appl. . . to said justice to grant at the time when the summons is issued, an order for the arrest of the defendant. .. Deponent. . further say. . (Insert one of clauses of section 2894.) Deponent., further say., that the plaintiff., ha., a good cause of action herein against the defendant. ., wherein the sum claimed does not exceed $200, brought for the following cause: (Insert one of clauses mentioned in section 2895, stating fully the facts showing such a cause of action exists. ) Subscribed and sworn to, before me, this 1 day of ,19... ) Justice of the Peace. ' Code, § 3324. 734 clerk's assistant. No. 5. Affidavit to Obtain Warrant for not Paying Over Moneys Collected. Albany County, ss. : A. B., of the county of Albany, being sworn, says, that C. K., against whom he makes application for a warrant, in pursuance of the statute in such case mauie and provided, and against whom he has, as he verily believes, a just cause of action, is not a resident of the county of Albany, but is a resident of the county of Schoharie. And deponent further says, that the said cause of action is for moneys collected by the said C. D., in his official character as constable. Sworn, etc. A. B. No. 6. Affidavit by Nonresident Plaintiff for a Warrant for Trespass to Personal Property. Albany County, ss. : A. B., of the town of Columbus, in Chenango county, being sworn, says, that he has, as he believes, a good cause of action against C. D., of Berne, afore- said, for taking and converting to his own use the personal property of this deponent, as follows : ( Here insert the articles taken. ) And this deponent also says, that he Is not a resident of the county of Albany, and is willing and ready (to deposit a sufficient sum with the justice, or) to give security for the pay- ment of any sum that may be adjudged against him in the suit to be com- menced, in pursuance of this application {or, in this suit). Sworn, etc. A. B. No. 7. Affidavit for a Warrant for Trespass to Personal Property, and De- fendant About to liCave the County. Albany County, ss. : A. B., being duly sworn, says he has, as he believes, a good cause of action against C. D., for taking and converting to his own use the personal property of this deponent, as follows : ( Insert a list of articles, and how and when taken.) And deponent believes he is In danger of losing his demand against the said C. D., unless a warrant is issued against said C. D. ; and that such belief Is founded upon the following facts and circumstances: (Set forth the ground of danger, or deponent further says, that he believes said C. D. is about to de- part this county, with the intention of not returning thereto, and that his be- lief is founded upon the following facts and circumstances : ( Set forth the facts on which such belief is founded, as, that he has commenced to move part of his goods, or told different persons that he was preparing to move to another county. ) Sworn, etc. A. B. COURTS IN NEW YOEK. 735 No. 8. Subpcena to Compel Attendance of a Witness to Make AffldaTit foi Attachment. TOWN OF BERNE, 1 V 8S, ." Ckranty of Albany, ( To L. M. and D. D. : In the name of the people of the State of New York, you, and each of you, are hereby commanded forthwith to appear before me, the undersigned, a jus- tice of the peace, in and for the said county of Albany, at my office, in the vil- lage of Berne, in said county, to make affidavit and testify before me those things which you, or either of you, know, touching an application to me by A. B., for an attachment against the property of C. D., and of any facts and cir- cumstances tending to establish the grounds of said application. Given under my hand, this dav of , 19 . . . J. B., Justice of the Peace. No. 9. Summons and Order of Arrest. (Id., §§ 2877, 2896-2897.) , COUNTY,) ^. Town of , ( To any Constable of said County, Greeting: The people of the State of New York command you to summon , to appear before the undersigned, a justice of the peace, at , in said town, immediately upon the arrest of the defendant. ., within twelve days after the day when this summons is issued, to answer the complaint of in a civil action to damage of $200 or under. Dated at the town aforesaid, this day of , 19 . . . Justice of the Peace. JUSTICE'S COURT.— Before , Justice. against TOWN OF ) County, j In the name of the People of the State of New York, To any Constable of the said County who serves the summons herein. Greeting: The plaintiflf. . herein having applied to me as a justice of the peace of said county for a summons herein, and I issuing the same, and at the time when T36 the summons is issued the plaintiff. . having applied to me, as such justice of the peace, to grant an order for the arrest of the defendant . . , and it appearing to me, as such justice of the peace, by the affidavit of , the plaintiff , that a sufficient cause of action exists against the defendant . . , and that the case is within the provisions of sections 2894 and 2895 of the Code of Civil Procedure, to- wit. : (Insert clause of section 2894, under which granted.) That (state facts showing within one of clauses of section 2895). And I, be- fore granting this order of arrest, having required a written undertaking to the defendant . . , on the part of the plaintiff . . , with one or more sureties approved by me, as such justice of the peace, to the effect required by law, and the same having been duly given, executed and delivered, and it appearing to me that there is ground, as aforesaid, for the arrest of the defendant. . ; Now, therefore, you, the said constable who serve the summons herein, are hereby directed to arrest the defendant . . , to bring . . h . . forthwith before me, the said justice of the peace, and to notify the plaintiff . . of the arrest if you can do so with reasonable diligence. Dated, at the town of , aforesaid, this day of , 19... Justice of the Peaoe. No. 10. Proof of Service. County, ss. : I hereby certify that on the day of , 19. . ., I served the within summons on the within-named defendant, , by delivering to and leaving with , personally, a true copy thereof. Fees, $ Constable. County, ss. . I hereby certify that the within order of arrest was served by me by arrest- ing the defendant, this day of , 19. . ., and taking . .h. . forthwith before the justice, and that I have notified the plaintiff Constable. (Code, § 2899. If could not notify, insert "not" in blank, and after plain- tiff add " and could not do so with reasonable diligence." ) County, ss. . , being duly sworn, says, that the travel charged in the fees herein, viz. : miles, was necessary to perform the service with re- spect to which the above traveling fees are charged; that no more miles are charged for than were actually and in good faith traveled for that purpose; that he had at the time no other official or private business upon the route so justices' COITBTS IN NEW YOEK. 737 traveled, and that the traveling fees are charged upon one, the within man- date only. Sworn to before me, this i day of , 19... \ Justice of the Peace. No. 11. Plaintiff's TTndertaking on Arrest. (Id., § 2896.) JUSTICES' COUKT.— Before , Justice. against J The above-named plaintifl'. ., having applied to said justice for a summonst herein, and having also applied to said justice to grant, at the time when the summons is issued, an order for the arrest of the defendant . . , and it appear- ing to the said justice, by the affidavit of , plaintiff . . , that a suffi- cient cause of action exists against the defendant . . , and that the case is within the provisions of sections 2894 and 2893 of the Code of Civil Procedure, and he being about to grant the order of arrest applied for; Now, therefore, we, , plaintiff . . , and , suret . . , do hereby jointly and severally undertake to the defendant. . that if the defend- ant., recover., judgment, the plaintiff'., will pay all costs which may be awarded to the defendant . . , and all damages which . . h . . may sustain by reason of the arrest, not exceeding dollars.^ Dated, the day of , 19 . . . STATE OF NEW YORK, ) ^ County of , ) On this day of , 19. . ., before me, the subscriber, person- ally appeared , , to me known to be the same persons described in and who executed the above undertaking, and severally acknowl- edged that they executed the same. Justice of the Peace. ' Must be at least one hundred dollars. 47 738 STATE OF NEW YORK, i ^ . County of , ) , and , being severally sworn, each for Jilmself, says^ the said , that he is a* of the county of , in this State, and that he is worth the sum of5 dollars, over and above all debts and liabilities which he owes or has incurred, exclusive of property exempt by law from levy and sale under an execution ; and the said , for himself, says that he is a* of the county of , in this State, and that he is worth the sum ofs dollars, over and above all debts and liabilities which he owes or has incurred, exclusive of property ex- empt by law from levy and sale under an execution. Severally subscribed and sworn to, before me, i this day of , 19 . . . ) Justice of the Peace. I certify that I find the sureties in the foregoing undertaking sufScient, and do approve of the same. Justice of the Peace. No. 12. Defendant's Undertaking on Arrest. (Id., § 2963.) .JUSTICE'S COURT.— Before , Justice. 1 against The plaintiff . . , having obtained from the said justice, an order of arrest herein, upon which the defendant . . h . . been arrested, and said defendant . . ^ having applied for an adjournment of the trial, in order to enable said defend- ant. . to procure such an adjournment without continuing during the time of adjournment in the custody of the constable: Now, therefore, we, , defendant . . , and , suret . . , do hereby jointly and severally undertake, to the said plaintiff. . , that if the plain- tiff. . recover. . judgment in the action, and if an execution is issued thereupon against the person . . of the defendant . . within ten days after the plain- tiff . . , , entitled to the same, and if a return is made thereto, on oi * " Freeholder " or " householder." " Double sum required In undertaking. justices' COUETS in new YORK. 739 after the return day thereof, that the defendant. . cannot be found, the suret. . will pay to the plaintiff. . the amount due upon the judgment. Dated, the day of ..., 19... STATE OF NEW YORK, ) Coimty of , ) On this day of , 19 ... , before me, the subscriber, appeared , , to me personally known to be the same persons de- scribed in, and who executed the above undertaking, and severally acknowledged that they executed the same. Justice of the Peace. ^EW YORK, I County of STATE OF NEW YORK, ) (■ ss. : and , being severally sworn, each for himself, says, the said , that he is aS of the county of , in this State, and that he is worth the sum oP dollars, over and above all debts and liabilities which he owes or has incurred, exclusive of uroperty exempt by law form levy and sale under an execution ; and the said , for him- self, says that he is a6 of the county of , in this State, and that he is worth the sum of? dollars, over and above all debts and liabilities, which he owes or has incurred, exclusive of property exempt by law from levy and sale under an execution. Severally subscribed and sworn to before me, ) this day of , 19 . . . ) Justice of the Peace. I certify that I approve of the suret. . in the foregoing undertaking. Justice of the Peace. No. 13. Defendant's TTndertaklng on Adjournment — ITo Arrest. (Id., §§ 2961-2962, 2965.) JUSTICE'S COURT.— Before , Justice. against The defendant . . , having applied for an adjournment of the trial of this action, defendant . . not having been arrested in the action, the plaintiff . . hav- • " Freeholder " or " householder." ' Double amount of plaintiff's claim. 740 CLEEK S ASSISTANT. ing required that defendant . . give to . . h . . the undertaking required by law in such cases: Now, therefore, we, , defendant. ., and, suret. ., do hereby jointly and severally undertake to the plaintiff. ., that if the plaintiff. . recover. . judg- ment in the action ; and if, before the expiration of ten days after the plaintiff . . become. . entitled to an execution upon the judgment, the defendant. . remove. ., secrete . . , assign . . , or in any way dispose . . of any part of . . h . . property liable to levy and sale by virtue of an execution, except for the necessary sup- port of . . h . . and . . h . . family, and if an execution upon the judgment is re- turned wholly or partly unsatisfied, the said suret. . will, upon demand, pay to the plaintiff. . the sum due upon the judgment. Dated, the day of , 19 . . . STATE OF NEW YORK, ) County of , ) On this day of , 19. . ., before me, the subscriber, appeared ; , to me personally known to be the same persons de- scribed in, and who executed the above undertaking, and severally acknowledged that they executed the same. Justice of the Peace. STATE OF NEW YORK, ) County of , ) and , being severally sworn, each for himself says, the said , that he is a8 of the county of , in this State, and that he is worth the sum of9 dollars, over and above all debts and liabilities, which he owes or has incurred, exclusive of property exempt by law from levy and sale under an execution ; and the said , for himself, says that he is aS of the county of , in this State, and that he is worth the sum of9 dollars, over and above all debts and liabilities, which he owes or has incurred, exclusive of property exempt by law from levy and sale under an execution. Severally subscribed and sworn to before me, this day of , 19 . . . ■Justice of the Peace. I certify that I approve of the suret . . in the foregoing undertaking. Justice of the Peace. « " Freeholder " or " householder." » Double amount of plaintiff's claim. 741 No. 14. Affidavit for Attachment. (Id., §§ 2905-2906.) JUSTICES' COURT.— Before , Justice. . 1 against Town of COUNTY, , being duly sworn, says . . lie . . is , the plaintiff . . herein : that the plaintiff . . ha . . applied to the said justice for a summons herein, and hereby appl . . to said justice to grant, at the time the summons is issued, a warrant of attachment against the property of the defendant, That this action is brought to recover for the following cause : ( Insert the cause of action as specified in section 2905, and state facts showing plaintiff has such a cause of action. ) That a sufficient cause of action exists in favor of the plain- tiff . . against the defendant . . to recover damages for the cause of action above specified as above stated. That the plaintiff . entitled to recover herein therefor and thereon, the sum of dollars, over and above all counterclaims known to That the defendant. . (state facts showing plaintiff entitled to attach- ment under subdivision 2, of section 2906). Subscribed and sworn to before me, this ) day of , 19. . . ) COUNTY,] Town of No. 15. Summons and Warrant of Attachment. (Id., §§ 2877, 2907.) "•[■ To any Constable of said County, Greeting : The people of the State of New York command you to summon to appear before the undersigned, a justice of the peace, at , in said town, on the day of , 19. . . , at .... o'clock in the ... .noon, to answer the complaint of , in a civil action to damage of $200 or under. Dated at the town aforesaid, this day of , 19 . . . Justice of the Peace. 742 cleek's assistant. JUSTICE'S COURT.— Before , Justice. 1 against The People of the State of New York, To any Constable of the County of to whom the summons herein is delivered, Greeting: The plaintiff. . herein, having applied to the said justice of the peace for a summons herein, and having also applied to him to grant, at the time the sum- mons is issued, a warrant of attachment against the property of the defendant , and it appearing to said justice by affidavit duly made, that this action is brought to recover, for the following cause: (State cause as in sec- tion 2905, and state facts showing plaintiff has such a cause of action.) And it further appearing to said justice that a sufficient cause of action exists in favor of the plaintiff. . against the defendant. ., to recover dollars, damages for the cause of action above specified, as above stated, that the plain- tiff entitled to recover herein therefor and thereon the sum of dollars, over and above all counterclaims known to and that plaintiff. ., under section 2906 of the Code of Civil Procedure en- titled to a warrant of attachment against the property of the defendant. . on the ground that ( state grounds, as required by sections 2907, 2906, subd. 2 ) ; and the said justice, having required a written undertaking to the defendant . . on the part of the plaintiff . . , with one or more sureties, approved by the said justice to the effect provided for in section 2908 of the Code of Civil Procedure, which has been duly given and delivered: Now, therefore, you, the said constable, to whom the summons herein is de- livered, are required to attach, on or before the ( specify a day at least six days before the return day of the summons. Code, § 2907), and safely to keep, as much of the defendant . . goods and chattels, within your county, as will satisfy the plaintiff . . demand, which amounts, as stated in the affidavit, to dollars^ with the costs and expenses, and to make return of your proceedings hereon to the justice, at the time when the summons is returnable. Dated at the town of , this day of , 19 . . . Justice of the Peace. , County of , ss.: I hereby certify and return to the foregoing warrant of attachment, that by virtue thereof, on the day of , 19 . . . , I levied upon and took into my custody, as constable, the goods and chattels of the defendant. . speci- fied in the annexed inventory, and immediately made an inventory thereof, stat- ing therein the estimated value of each item or article. That immediately after making the inventory, and at least six days before the return day of the fore- JUSTICES COUETS IN NEW YOEK. 743 going summons, I did serve the said summons, together with the warrant of .attachment and inventory upon the defendant . . by delivering a copy of each to (state method of service, as provided by section 2910 of the Code). Constable. Constable's Inventoby. An inventory of the goods and chattels of the defendant . . , levied upon and taken into my custody upon, and by virtue of the foregoing warrant of attach- ment, this day of , 19. . ., with the estimated value of each item or article, viz. : Item or article. Estimated value. Dollars. Cents. Constable. No. 16. Proof of Service. (Id., § 2885.) - County, ss. . I hereby certify that, on the day of ., 19. . ., I served the within summons on the within named defendant, , by delivering to, and leaving with , personally, a true copy thereof. Fees, $ Constable. County, ss. . I hereby certify that the within summons was not served, and that the reason why I failed to serve it was that Constable. County, ss. : , being duly sworn, says, that the travel charged in the fees herein, viz. : miles, was necessjvry to perform the service with respect to which the above traveling fees are charged; that no more miles are charged for than were actually and in good faith traveled for that purpose ; that he had at T44 clbek's assistant. the time no other official or private business upon the ro^te so traveled, and that the traveling fees are charged upon one, the within, mandate only. Sworn to before me, this ) day of ,19... S Justice of the Peace. No. 17. A Copy of the Attachment Made by the Constable, to be Served on. Defendant, is to be Indorsed by the Constable as Follows: By virtue of the attachment, of which the within is a copy, I have this day attached and taken into my custody, the following goods and chattels, to-wit: {or, the goods and chattels specified in the annexed inventory. ) Dated, the 28th day of May, 1898. H. M., Constable. No. 18. Plaintiff's Undertaking for Attachment. (Code, §2908.) ■JUSTICE'S COUET.— Before , Justice. 1 against The above-named plaintiff. ., having applied to the said justice of the peace for a summons herein, and having also applied to him to grant, at the time the summons is issued, a warrant of attachment against the property of the defend- ant . . , and it appearing by affidavit duly made, that the action is brought to recover for one of the causes specified in section 2fl0,5 of the Code of Civil Pro- cedure, and that a sufficient cause of action exists in favor of the plaintiff . . against the defendant. . to recover damages for the cause of action above speci- fied; that the plaintiff. . is entitled to recover herein, therefor, and thereon the sum of dollars, over and above all counterclaims Itnown to % JUSTICES COUETS IN NEW YORK. i 4» that plaintiff . . , under section 2906 of the Code of Civil Procedure, is entitled to a, warrant of attachment against the property of the defendant. ., and the said justice having required a written undertaking to the defendant . . , on the part of the plaintiff . . , as provided for by law : Now, therefore, we, , plaintiff.., and , suret.., do hereby, jointly and severally, undertake to the defendant. ., that if the defend- ant. . recover. . judgment, or the warrant of attachment is vacated, the plain- tiff. . will pay all costs which may be awarded to the defendant. .. and all dam- ages which . . he . . may sustain by reason of the attachment, not exceeding thp sum of (must be at least $200) and that if the plaintiff. . recover judgment, . . he . . will pay to the defendant . . all money received by him from the prop- erty taken by virtue of the warrant of attachment, or upon any bond given therefor, over and above the amount of the judgment and interest thereupon. Dated, the day of , 19 . . . STATE OF NEW YORK, ) \-ss.: County of , \ On this day of , 19 ... , before me, the subscriber, appeared , , , to me personally known to be the same persons described in, and who executed the above undertaking, and severally acknowledged that they executed the same. STATE OF NEW YORK^ County of Justice of the Peace. ^' I and , being severally sworn, each for himself, says, the said that he is aio of the county of , in this State, and that he is worth the sum of 13 dollars, over and above all debts and liabiUties, which he owes or has Incurred, exclusive of property exempt by law from levy and sale under an execution ; and the said , for himself, says, that he is alO of the county of , in this State, and that he is worth the sum of 13 dollars, over and above all debts and liabilities, which he owes or has incurred, exclusive of property ex- empt by law from levy and sale under an execution. Severally subscribed and sworn to, before me, I this day of , 19 . . . f > Justice of the Peace. I certify that I approve of the suret. . in the foregoing undertaking. ......*..•■ , Justice of the Peace. i» " Freeholder " or " householder." " Double sum specified In undertaking. 746 No. 19. Defendant's Undertaking on Attachment. (Id., i 2911.) JUSTICE'S COURT J— Before , Justice. against The plaintiff. ., having obtained herein a warrant of attachment, under and by virtue of which the constable to whom the summons herein, and said war- rant of attachment were delivered, has levied upon and taken into his custody, certain goods and chattels of the defendant.., and the defendant.., desiring that the said constable should redeliver said property to . . h and to obtain such redelivery: Now, therefore, we, , defendant, and , suret . . , do hereby jointly and severally undertake to the plaintiff. . in the sum ofn dollars (that being at least twice the value of the property attached, as stated in the inventory), that if judgment is rendered against the defendant.., and an execution is issued thereupon, within six months after the giving of this undertaking, the property attached shall be produced to satisfy the execution. Dated, the day of , 19 . . . STATE OF NEW YORK, ) County of , f On this day of , 19. . ., before me, the subscriber, appeared , , , to me personally known to be the same persons described in, and who executed the above undertaking, and severally acknowledged that they executed the same. Justice of the Peace. STATE OF NEW YORK ) ^^ . County of , j , and , being severally sworn, each for himself, says, the said , that he is al2 of the county of , in this State, and that he is worth the sum of (sum to be at least twice the value of the property attached as stated in the inventory, Code, §2911) dollars, over and above all debts and liabilities which he owes or has incurred, exclusive of property exempt by law from levy and sale under an execution; and the said , for himself, says, that he is al2 of the county of , in this State, and that he is worth the sum of is " Double amount of plaintiffs claim. »' Double the amount of the undertaking. I! " Freeholder " or " householder." justices' courts in new yoek. 747 dollars, over and above all debts and liabilities which he owes or has incurred, exclusive of property exempt by law from levy and sale under an execution. Severally subscribed and sworn to, before me, ) this day of , 19 . . . j Justice of the Peace. I certify that I approve of the suret . . , , in the foregoing under- taking.!* No. 20. Bond to be Given by a Claimant of the Goods Attached. Know all men by these presents, that we, D. S. and E. R., are held and firmly bound, unto A. B., in the sum of $100 (double the value of the property at- tached), to be paid to him, his executors, administrators, or assigns; to which payment well and truly to be made, we jointly and severally bind ourselves, our and each of our heirs, executors, and administrators, firmly by these pres- ents. Sealed with our seals, and dated the day of , 19 . . . Whereas, certain goods, to-wit: (Here enumerate them) were on the 30th day of May last seized by H. M., constable, by virtue of an attachment is- sued by J. R., Esquire, one of the justices of the peace of the county of Al- bany, in favor of the above-named A. B., against C. D. And, whereas, the above bounden D. S. claims the said goods as his property; Now, therefore, the condition of this obligation is such, that if, in a suit to be brought on this obligation within three months from the date hereof, the said D. S. shall establish that he was the owner of the said goods at the time of the said seizure; and in case of his failure to do so, if the said D. S. shall pay to said A. B. the value of the said goods, with interest, then this obligation to be void, otherwise to remain of force. D. S. (L. s.) R. R. (L. s.) Sealed and delivered in the presence of, and the security approved by me, H. M., Constable. No. 21. Constable's Keturn to an Attachment. By virtue of the within attachment, I did, on the day of , instant, attach and take into my custody, the following goods and chattels of the defendant, to-wit: {or, the goods and chattels of the defend- ant specified in the annexed inventory, to-wit : ) And I did immediately make an inventory of the property attached, and " To be approved by the constable or the justice who issued the attachment. (Code, § 2911.) 748 clerk's assistant. serve a copy of this attachment, and of the said inventory, by me certified, on the said defendant personally. Dated, etc. H. M., Constable. ( If the copy of the attachment be not personally served, the latter clause of the form is to be as follows : ) And I did immediately make an inventory of the property attached, and because the said defendant could not be found in said county, I left a copy of this attachment, and of the said inventory, by me certified, at the last place of residence of the said defendant {or, if the defendant has no place of residence in the county, with J. D., in whose possession I found the said goods and chat- tels, the said defendant having no place of residence in this county ) . Dated, etc. H. M., Constable. ( If the defendant, or a claimant of the goods, gives a bond as specified by the statute, to prevent the removal of the goods by the attachment, the constable ought to add to his return the following clause : ) But the said goods and chattels were delivered up to J. K. (the defendant, or, claimant), upon receiving the bond herewith returned. No. 22. Sumpipns, Affidavit, and Bequisition in Replevin. (Code, §§ 2877, 2920-2933, 1694-1697, 1712, 1714.) . ... COUNTY, I y ss. : Town of To any Constable of said County, Greeting: The people of the State of New York command you to summon to appear before the undersigned, a justice of the peace, at , in said town, , on the day of , 19 ... , at o'clock in the noon, to answer the complaint of , in a civil action to damage of $200 or under. Dated, at the town , aforesaid, this day of , 19... Justice of the Peace. justices' courts in new voek. 749 JUSTICE'S COURT.— Before , justice 1 I against ^ J , County of , as. : , of , being sworn, says that . . he . . said plaintiff . . , , the lawful owner . . and , lawfully entitled to the possession of the following articles of personal property, namely: 15 , that the actual value of said property is dollars, that said property is wrongfully detained from the said plaintiff. . , , bj- the defendant . . ,• that the alleged cause of the detention thereof, according to the best knowledge, information, and belief of deponent is : that the said property has not, nor has any part thereof, been taken by virtue of a warrant against the plaintiff. . for the collection of a tax, assessment, or fine, issued in pursuance of a statute of the State, or of the United Statesis That said chattel . . ha . . not been seized by virtue of an execution or warrant of attachment against the property of the plaintiff. . or of any per- son from or through whom the plaintiff . . ha . . derived a title to said chattel . . since the seizure thereof.lT Subscribed and sworn to before me, this ) day of , 19 . . . f Justice of the Peace. .JUSTICE'S COURT.— Before , Justice. 1 against I- J , County of , ss. . In the name of the People of the State of New York, To the Constable of said County to whom the summons herein is delivered: You are hereby required to replevy the chattels described in the within affi- davit from the said defendant, , on or before theis day of , 19... , Justice of the Peace. (A copy.) Constable. " If plaintiff's property special, see " See Code, § 1693, sub. 5. Code, § 1695, sub. 1. " At least six days before return daj " See Code, § 1695, sub. 4, if taken of summons. Code, § 2921. under illegal process, etc. 750 cleek's assistant. No. 23. Constable's Beturn. , County of , ss.: I certify that on the day of , 19 . . . , at the , of , in said county, I served the foregoing summons, affidavit, requisi- tion, and also the undertaking upon the part of the plaintiff . . herein, upon the defendant . . , , personally by delivering to and leaving with . . h . . copies thereof 19 That I also, on the day of ,. 19. . ., replevied the chattels described in the foregoing affidavit.20 That on the day of , 19 ... , defendant . . served upon me the annexed notice that . . h . . excepts to the plaintiff's sureties.2l Constable. Note. Replevin may be maintained in justice's court, though no return to requisi- tion has been made. Guyon v. Rooney, 25 St. R. 326; 28 id. 624. Replevin will lie in justice's court without proceedings to replevy chattel before judgment. Bame v. Seykora, 77 Hun, 529, 60 St. R. 271. No. 24. Defendant's Affidavit and. Notice in Beplevin. (Id., §§ 1703, 1704, 2925.) JUSTICE'S COURT.— Before , Justice. 1 against COUNTY, Town of , of , being duly sworn, says, , that , the chattel . . mentioned in the complaint herein w . . . . replevied herein, and a copy of the affidavit, requisition, and undertaking on the part of plaintiff, , served on the defendant . . on the day of , 19...; that the defendant., h.... not excepted to the plaintiff., sureties; » See Code, § 2923. If not personal In the blank, and add " the following, erase commencing with "personally" viz.:" and describe those replevied, and make the return comply with § 2923. ^i jf defendant did not except to plain- ™ If only part replevied Insert " of " tiff's sureties erase this clause of the return. justices' codets in new yokk. 751 that the said defendant the lawful owner . . -and law- fully entitled to the possession of the chattel . . replevied herein.2£ Subscribed and sworn to before me, the i day of , 19. . . j Justice of the Peace. , Esq., Justice of the Peace : Take notice, that the defendant. . require. . a return of the chattels re- plevied herein, and that the within is the affidavit therefor. Yours, etc.. Defendant. (A copy.) Justice. No. 25. Defendant's Undertaking in Replevin. (Id., §§ 1704, 2925.) JUSTICE'S COURT.— Before , Justice. against Whereas, the plaintiff. . in this action, ., claim. . the delivery to of certain chattels specified in the affidavit. . made on behalf of the plaintiff. . for that purpose, of the alleged value of dollars, and caused the same to be taken by a constable of the county of ^ pursuant to the Code of Civil Procedure, but the same has not yet been deliv- ered to the plaintiff . . . And, whereas, the defendant . . requires a return of the chattels replevied: Now, therefore, we, , of the of , county of , by occupation a , and , of the same place, by occupation a , do hereby jointly and severally undertake and "^ If claimed under special property, erase words " the lawful owner," and insert facts with respect to special property as required by S 1704. 752 become bound to the plaintiff . . in the sum of dollars, for the de- livery of the said chattels to the plaintiff. . if delivery thereof is adjudged. and for the payment to of any sum which the judgment awards against the defendant. Dated, the day of , 19 . . . STATE OF NEW YORK, . ^■\- County of On this day of , 19. . ., before me, the subscriber, appeared , , to me personally known to be the same persons de- scribed in and who executed the above undertaking, and severally acknowl- edged that they executed the same. -.(, STATE OF NEW YORK, County of , and , being severally sworn, each for himself, says, the said , that he is a of the county of , in this State, and that he is worth the sum of dollars, over and above all debts and liabilities which he owes or has incurred, exclusive of property exempt by law from levy and sale under an execution; and the said , for himself, says that he is a of the county of , in this State, and that he is worth the sum of dollars, over and above all debts and liabilities which he owes or has incurred, exclusive of property ex- empt by law from levy and sale under an execution. Severally subscribed and sworn to before me, this day of , 19... I certify that I approve of the sureties in the foregoing undertaking. , Justice of the Peace. To , Esq., Justice of the Peace : ' Take notiee,23 that the within is an undertaking given on behalf of the de- fendant. . herein, to require the return of the chattels taken herein, and that the sureties in said undertaking will justify by and before said justice upon the return of the summons. Yours, etc.. Defendant. Filed, ,19... ''Code, §§ 1705, 573, 58X. 753 No. 26. Complaint in Beplevin. (Id., §§ 1720, 1721.) JUSTICE'S COURT.— Before , Justice. 1 The plaintiff complain. . that the defendant. ., on or about the day of , in the year 19 . . . , at , in the county of , wrongfully took and wrongfully detain . . , although demanded of defendant. .24 , from the said plaintiff. ., the following articles of personal property which, when this action was commenced^B w . . . the property of the plaintiff. .26 in which the plaintiff. . claim. . property and right to immediate possession ; of the value of dollars and ■cents; wherefore, the said plaintiff. . demand. . judgment against the said de- fendant. ., for the possession and recovery of the possession of the said prop- erty by the said plaintiff . . , or for the value thereof, to-wit, $ in «ase a delivery cannot be had, and also damages to the amount of dollars, for the unlawful detention thereof; and in case the said property is retained by the defendant.., pending this action, such further damages for such wrongful detention as shall be just. Plaintiff. No. 27. Consent and Appointment of Ouardian for an Infant Plaintiff. I consent to be the next friend of J. D., an infant, in a suit to be conmienced against J. S. Dated, , 19. . . R. R. The said R. R. is accordftigly appointed. Dated, the day of , 19 . . . J. R., Justice of the Peace. " See section 1721 if detention only Is, erase " wrongfully took," and In- wrongful. Erase allegations as to de- sert In blank facts required by section mand if unnecessary; 49 N. Y. 259; 3S 1721. N. Y. Superior Court Rep. 66; 35 id. 554; " See section 1720 If plaintiff haa 55 N. Y. 671. special property only. ^ If taking not wrongful but detention 48 754 cleek's assistant. No. 28. Consent and Appointment of Guardian for an Infant Defendants ALBANY COUNTY — Justice's Coubt. 1 J. S. against J. D. Before J. R., Esq., Justice of the Peace. I consent to be the guardian of J. 8., the above-named defendant. Dated, etc. K. R.. The said R. R. is accordingly appointed. Dated, etc. J. R., Justice of the Peace.. No. 29. Power of Attorney to Appear in a Justices' Court. I hereby make and appoint G. H., my attorney, to appear for me in a suit brought (or, to be brought) by me against J. S., before J. R., a justice of the- peace of the town of Berne, and to act as my attorney in said suit, in all things that I might do if personally present. Dated, ,19... L. M. Note. Appeabance. — What does not constitute appearance in justice's court under section 3064 of Code. McCarthy v. Crowley, 24 St. R. 815. No. 30. Acknowledgment to Power of Attorney. Albany County, ss. ; On this day of , 19 ... , before me came the above-named L. M., to me known to be the individual described in and who executed the foregoing instrument ( or, power of attorney ) , and acknowledged the execution thereof. L. B., Justice of the Peace. justices' courts in new yobk. 755, No. 31. Undertaking on Adjournment. ALBANY COUNTY — Justice's Court. A. B. against C. D. Before J. R., Esq., Justice of the Peace. Whereas, an action has been commenced before J. R., a justice of the peace of said town, by said plaintiff against said defendant, in which action the said defendant has desired an adjournment of the said cause: Now, therefore, the condition of this obligation is such, that if no part of the property of the said defendant liable to be taken on execution shall be removed, secreted, assigned, or in any way disposed of ( except for the necessary support of himself and family) until the said demand of the said plaintiff shall be sat- isfied, or until the expiration of ten days after the said plaintiff shall be en- titled to have an execution issued on the judgment, in the said cause, if he shall obtain such judgment, then this obligation to be void and of no effect, otherwise to be and remain in full force and virtue. Dated, , 19.. . C. D. (L. s.) E. F. (L. s.) Sealed and delivered in presence of, and the security approved by. J. R., Justice of the Peace. No. 32. Justification of Security. Albany County, ss. : E. v., being duly sworn, says he is a, householder (or, a freeholder), resid- ing in the town of Berne, in said county, and is worth the sum of $200, over and above all debts and liabilities. E. F. Sworn, etc. T56 CLEEK S ASSISTANT. No. 33. XTndertaking on Adjoummeiit, for a Tort or Wrong. ALBANY COUNTY — Justice's Court. n A. B. against C. D. -J Before J. R., Esq., Justice of the Peace. Whereas, an action has been commenced before J. R., a justice of the peace of said town, by said plaintiff against said defendant, the trial of which is ad- journed until the day of , 19. . ., on the application of said defendant: Now, therefore, the condition of this obligation is such, that if the above bounden defendant and surety, or either of them, shall pay such judgment as may be rendered against the said defendant in said action, with interest, or if C. D., the defendant, shall render himself, upon the execution which may be issued against him on such judgment, before the return thereof, then this ob- ligation to be void, otherwise of force. C. D. (l. s.) E. F. (L. s.) Sealed and delivered in presence of, and securities approved by me, J. K., Justice of the Peace. (Add justification. No. 32.) No. 34. nndertakiug by Defendant upon Tendering a plea of Title. ALBANY COUNTY — Justice's Cotjet. "1 A. B. against C. D. Before J. E., Esq., Justice of the Peace. Whereas, in a suit before J. R., Esquire, one of the justices of the peace of the county of Albany, wherein the above-named A. B. is plaintiff, and the justices' COUKTS in new YORK. 757 above bounden C. D. Is defendant, the said C. D. has plead specially showing that the title to lands will come into question in the said suit: Now, therefore, the condition of this obligation is such, that, if the said A. B. shall, within twenty days from the date hereof, deposit with the said J. R., justice, a summons and complaint in an action in the Supreme Court for the same cause mentioned and set forth in the complaint in the above-mentioned action, the defendant will, within twenty days after such deposit, give an ad- mission, in writing, of the service thereof. 0. D. (L. s.) E. F. {L. s.) No. 35. Approval to be Indorsed on the Foregoing by the Justice. I hereby approve of the form and sufficiency of the within undertaldng. Berne, ,19... J. E,., Justice of the Peace. No. 36. Bond of Defendant upon a Plea of Title where the Defendant has been Arrested. (As in No. 34 to the end. and then add the following: ) And that he, the said C. D., defendant, will, at all times, render himself amen- able to the process of the court during the pendency of the action, and to such as may be issued to enforce the judgment therein. C. D. (L. s.) E. F. (L. s.) No. 37. Bond to Detain a Canal Boat on a State Canal. Know all men by these presents, that we, A. B. and R. R., of Cohoes, in the county of Albany, are held and firmly bound unto C. D., in the sum of $100, to be paid by the said C. D., his executors, administrators, or assigns, to which payment well and truly to be made, we bind ourselves jointly and severally, and our and each of our heirs, executors, and administrators, firmly by these pres- ents. Sealed with our seals. Dated, the day of , 19 . . . Whereas, an action is about to be brought by the said A. B., against the said C. D., to recover the penalty imposed by law for taking rails, boards, planks, staves, or some of them, from the banks or vicinity of the Erie canal. And the said A. B. prays process to detain the canal-boat called the South, on which the penalty is alleged to be chargeable: Now, therefore, the condition of this obligation is such, that if the said ac- tion shall be prosecuted to judgment with all convenient speed, and in case judgment be rendered therein in favor of the said defendant, if the obligors 758 oleek's assistant. herein shall pay the costs and charges which shall be adjudged against the plaintiff, and all damages which may ensue from the detention of the said boat and the cargo thereof, and the crew navigating the same, then this ogligation to be void, otherwise to remain in full force and virtue. A. B. (L. 8.) R. R. (L. 8.) Sealed and delivered in presence of J No. 38. Complaint — Verified (L. 1881, e. 414.) ALBANY COUNTY — Justice's Court. 1 Plaintiff, against Defendant. The plaintiff. . complain. . against the defendant. . in the above entitled ac- tion, and allege . . ; ( State facts constituting cause of action. ) Wherefore, said plaintiff . . demand . . judgment against said defendant ... for dollars and cents, with interest from , Ifl . . . , besides the costs of this action. ^ Plaintiff. STATE OF NEW YORK, | yss.: County of , ) , being duly sworn, say. . . .he the plaintiff. . in the above entitled action; that the foregoing complaint is true to . .h knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters . . he . . believe . . it to be true. Subscribed and sworn to, before me. this ) day of , 19. . . * Note. Pleadings in justice's court are to be liberally construed. Griffin v. Jackson, 3fi St. R. 110; Van Curen v. Switzer, 33 id. 733. justices' courts in new yoek. 759 Amendment. — Complaint in justice's court may be amended to enable re- Justice of the Peace. No. 126. Information for Setting on Foot, etc., Fights Among Game Animals. (Id.) , County of , ss.: , being duly sworn, deposes and says, that he resides in the of ; that on the day of , 19 . . . , at the of , in the county of , one did wickedly, unlawfully, and willfully set on foot, instigate, move to, carry on, promote, engage in, as a witness, assistant, umpire, or judge, or did towards the furtherance of a, premeditated fight or contention between game birds, game cocks, dogs, bulls, bears, dogs and rats, dogs and badgers, or other animals, to-wit: , which had been theretofore, and was then and there, to-wit : on the day aforesaid, at the , and in the county afore- said, premeditated by certain persons , who then and there, to-wit: at the time aforesaid, and in the place aforesaid, did have the ownership or custody of such animals, to-wit : of the aforesaid , in violation of the statute in such case made and provided. Taken, subscribed, and sworn to before me, ( ( Signature. ) this day of , 19 . . . ) Justice of the Peace. COUETS IN HEW YORK. 795 No. 127. Information against Disorderly Child. (Id.) STATE OF NEW YORK, I County of , f , being duly sworn, deposes and says, that . .he in said of ; that is a disorderly child, for that . .he deserted h. . home without good and sufficient cause, and kept company with dissolute or vicious persons, against the lawful commands of h , and is a disorderly child within the intent and meaning of the statute ; and is of the age of years ; that the facts upon which this affi- davit is based, are as follows : Taken, subscribed, and sworn to before me, ) (Signature.) this day of , 19 . . . ) Justice of the Peace. No. 128. Information for Disorderly Houses. (Id.) , County of , ss.: , being duly sworn, deposes and says, that he resides in that the premises known as No street, in the of , in said county, were, on the day of , 19 ... , kept, maintained, conducted, and occupied by , as a common, ill-governed, and disorderly house, and common bawdy-house and house of prostitution, and a resort for tipplers, drunkards, common prostitutes, and reputed thieves, with other vile, wicked, idle, dissolute, and disorderly men and women, and reputed thieves, who, or most of whom, are in the practice of drinking, dancing, quar- reling, fighting, whoring, rioting, disturbing the peace, cursing and swearing at almost all hours of the day and night, to the great damage and common nui- sance of the people of the State of New York, there inhabiting, residing in the neighborhood, and passing thereby; that the grounds of the deponent's knowl- edge are ( Signature. ) Taken, subscribed, and sworn to before me, 1 this day of , 19 . . . ( Justice of the Peace. 796' clebk's assistant. No. 129. Infonnation for Permitting, etc., Place to be Kept and Used for Fight- ing Bogs, etc. (M.) , County of , ss. . ., being duly sworn, deposes and savs, that he resides in the of ; that on the day of , 19 ... , one did permit and suffer a certain place, to-wit: , to be kept and used for the purpose of fighting or baiting bulls, bears, dogs, cocks, or other creatures, to-wit: , he, the said , being the thereof. Taken, subscribed, and sworn to before me, \ (Signature.) this day ol , 19 . . . ( Justice of the Peace. No. 130. Information for Embezzlement. (Id.) , County of , ss.: , being duly sworn, deposes and says, that he resides in the of ; that on or about the day of , 19 . . ., at the of , in said county, one , be- ing a servant or agent of , and not an apprentice, nor "within the age of eighteen years, did feloniously embezzle, and convert to his own use, without the assent of the said , the property of the said , which had come into the possession of said , as such servant or agent by Taken, subscribed, and sworn to before me, ) (Signature.) this . . day of , 19. . . j Justice of the Peace. No. 131. Information for False Pretenses. (Id.) , County of , ss.: , being duly sworn, deposes and says, that he resides in the of ; that, on the day of , 19 . . . , at the of , in said county, , with force and justices' courts in new YORK. 797 arras, with intent feloniously to cheat and defraud one , did then and there feloniously, unlawfully, knowingly, and designedly, falsely pretend and represent to the said that , and the said then and there believing the said false pretenses and representations so made as aforesaid, by the said , and being deceived thereby, was induced, by reason of the false pretenses an drepresentations so made as aforesaid, to deliver, and did then and there deliver to the said , of the value of dollars, of the proper moneys, valuable things, goods, chattels, and personal property and effects of the said , and the said did. then and there receive and obtain the said of the value of dollars from the said of the proper moneys, valuable things, goods, chattels, and personal property and effects of the said by means of the false pretenses and representations aforesaid, with intent feloniously to cheat and defraud the said , of the said , of the value of dollars ; that in fact and in truth the pretenses and representations so made as aforesaid by the said to the said , was and were in all respects utterly false and untrue ; that in fact and in truth the said well knew the said pretenses and repre- sentations as by him made as aforesaid to the said to be utterly false and untrue at the time of making the same. That the said , by means of the false pretenses and representa- tions aforesaid, feloniously, unlawfully, falsely, knowingly, and designedly did receive and obtain from the said , of the value of dollars of the proper moneys, valuable things, goods, chattels, and personal property and effects of the said , with intent feloniously to cheat and defraud the said of the same. Taken, subscribed, and sworn to before me, ) (Signature.) this day of , 19 . . . j Justice of the Peace. No. 132. Information flor Felony or Misdemeanor. (Id.) , County of , ««. : , being duly sworn, deposes and says, that he resides in ; that one , at the of , in the county of , aforesaid, on the day of , 19 . . . , did feloniously, wrongfully, unjustly, unlawfully, wickedly, willfully, corruptly, falsely, mali- ciously, and knowingly violate chapter .... of the Laws of the State of New- York, passed , in that he did Taken, subscribed, and sworn to before me, 1 (Signature.) this day of , 19 . . . ) Justice of the Peace. 798 No. 133. Information for Forgery. (Id.) , County of , ss.. , being duly sworn, deposes and says, that he resides in the of ; that one , at , in , with intent to injure and defraud, feloniously did falsely make, forge, and counterfeit, and cause and procure to be falsely made, forged, and counter- feited, and willingly act and assist in the false making, forging, and counter- feiting, a certain , which said false, forged, and counterfeited is as follows, that is to say, by Taken, subscribed, and sworn to before me, j (Signature.) this day of , 19 . . . j Justice of the Peace. No. 134. Information for Assault — Sharp, Dangerous Weapon. (Id.) , County of , ss.: , being duly sworn, deposes and says, that he resides in the of ; that on the day of , 19 ... , at the of , in said county, , with force and arms, in and upon the said , then and there being, did make and assault, and , the said with a certain , the said being then and there a sharp, dangerous weapon, which the said then and there, in his hand had and held, then and there did beat, strike, cut, stab, and wound, with intent upon him, the said , then and there feloniously to do bodily harm, without jus- tifiable or excusable cause, by Taken, subscribed, and sworn to before me, | (Signature.) this day of , 19 . . . j Justice of the Peace. No. 135. Information for Bigamy. (Id.) ., County of , ss.: . . . . , being duly sworn, deposes and says, that he resides in the of ; that ooe, on the day of , justices' cotjets in new yoek. 799 19 ... , at the of , did marry one and , the said , did then and there have for , and that the said , being so married, afterwards, to-wit : on the day of 19 ... , with force and arms at the of , in the county of , feloniously did marry and take as , one , and to the said , was then and there married, the said being then and there living and in full life Taken, subscribed, and sworn to before me, | (Signature.) this day of ,19... ' ) Justice of the Peace. No. 136. Information for Breach of the Peace. (Id.) . , County of , ss. : , being duly sworn, deposes and says, that he is a in said , town of , in said county ; that on the day of , 19 ... , one did make a breach of the peace by quar- reling, fighting, and making a loud noise, and collecting a crowd in , in said of ( Signature. ) Taken, subscribed, and sworn to before me, ) this day of , 19 . . . ' > Justice of the Peace. No. 137. Information for Acts Tending to Create a Breach of the Peace. (Id.) , County of , ss.: , being duly sworn, deposes and says, that he , in said of ,• that on the day of , 19 . . . , at the city of , in said county, one did , which had a tendency to excite h . . , and cause h . . to create a breach of the peace against the peace of the people of the State of New York, and the form of the statute in such case provided. (Signature.) Taken, subscribed, and sworn to before me, ) this day of , 19 . . . ' » Justice of the Peace. 800 clerk's assistant. No. 138. Information for Burglary, First Degree, and Larceny. (Id.) Ccuntv of , ss.: ' " '. .: , being duly sworn, deposes and says, that he resides in , of ; that on the day of , 19. . ., at the of , in said county, , with force and arms, about the hour of in the nighttime of the same day, the dwelling-house of another, to-wit, of one , there situate, feloniously and burglariously did break into and enter by forcibly bursting and breaking an outer door of the said dwelling, or by , in which said dwelling-house there was then at the same time some human being, to-wit : , with intent feloni- ously and burglariously to commit some crime therein, to-wit: then and there the goods and chattels of the said , in the said dwelling-house then and there being, arid then and there feloniously and burglariously to steal, take and carry away, and , of the value of dollars, of the goods, chattels, and property of the said , in the said dwelling- house then and there being, feloniously, burglariously, did steal, take, and fiarry away by Taken, subscribed, and sworn to before me, ) (Signature.) this day of , 19 . . . ) , Justice of the Peace. No. 139. Information for Burglary and Larceny. (Id.) , Count.i' of ,««..• , being duly sworn, deposes and says, that he resides in the . . .'. i . .... of ; that, on the day of , 19. ... at the of in said county, , with force and arms, the of one , there situate, feloniously and burglariously did break into and enter, the same being a , as above, in which divers goods and merchandise and valuable things were then and there kept, for use, sale, and deposit, to-wit, the goods and chattels of the said , in said , as above, then and there being, then and there feloniously and burglariously to steal, take, and carry away , of the value of dollars, of the goods and chattels, property of the said , in the said , as above, so kept as aforesaid, then and there being, feloniously and burglariously did steal, take, and carry away by Taken, subscribed, and sworn to before me, ) (Signature.) this day. of , 19 . . . ' Justice of the Peace. justices' courts in new yoek. 801 No. 140. Information against Persons Having Custody of Child Permitted to Beg, etc. (Id.) County of , as. . , being duly sworn, deposes and says, that he resides in the of ; that has the custody of , a «hild under the age of fourteen years, and permits and neglects to restrain such child from begging, gathering, picking, and sorting of rags, and from col- lecting cigar stumps, bones, and refuse from markets in said of , in that he (Signature.) Taken, subscribed, and sworn to before me, i this day of , 19 . . . ) Justice of the Peace, i No. 141. Infornxation as to Violation of Ordinances. (Id.) , County of , ss. : , being duly sworn, deposes and says, that he resides in the of , N. Y. ; that on the day of , 19 ... , in said , one , did willfully and unlawfully violate chap- ter of title of the laws and ordinances of the of , aforesaid, relating to , in that he did Subscribed and sworn to before me, this i (Signature.) day of ,19... ) J Justice of the Peace. No. 142. Information for Abandoning Maimed Creature in a Public Place. (Id.) , County of , «s. ; , being duly sworn, deposes and says, that he resides in the of : that on the day of , 19 ... , one did willfully, unlawfully, and wickedly then and there abandon 51 S02 CLERK S ASSISTANT. to die in a certain public place in said of , to-wit: , a certain maimed, sick, infirm, and disabled creature, to-wit; (Signature.) Taken, subscribed, and sworn to before me, \ this day of , 19 . . . J i Justice of the Peace. No. 143. Information for Aiding, etc., Persons to Fight Dogs, etc. (Id.) , County of , ss.. , being duly sworn, deposes and says, that he resides in the of ; that on the day of , 19 ... , at the of , one did willfully, unlawfully, and wickedly encourage, aid, and assist one , to keep a certain place, to-wit : , or to receive money for the admission of divers per- sons to a certain place, , for the purpose of, and such place was then and there, by the aid of the said , unlawfully kept and used by the said for the purpose of fighting, baiting certain bulls, bears, dogs, cocks, or other creatures, to-wit : Taken, subscribed, and sworn to before me, ) (Signature.) this day of , 19 . . . f Justice of the Peace. No. 144. Information for Allowing Disabled Animals to Lie in Highwars, etc. (Id.) , County of , ss.: , being duly sworn, deposes and says, that he resides in the of ; that on the day of 19 ... , at the of , one , then and theretofore being the owner, driver, or in possession of a certain old, maimed, and diseased horse or mule, which had theretofore been turned loose or left disabled in a certain street, lane, or public place in said of , to-wit: did unlawfully, willfully, and wickedly, for more than three hours after knowledge of such disability, allow such horse or mule to lie in a certain street, lane, or public place in said city therein, to-wit: Taken, subscribed, and sworn to before me, ) (Signature.) this day of , 19 . . . ) Justice of the Peace, justices' courts in new yokk. 803 No. 145. Information, for Carrying Creatures in a Cruel Manner. (Id.) , being duly sworn, deposes and says, that he resides in the of ; that on the day of , 19 ... , one did willfully, unlawfully, and wickedly carry or cause to be carried in or upon a , a certain creature, to-wit: , in a cruel and inhuman manner, by then and there Taken, subscribed, and sworn to before me, ) (Signature.) this day of , 19 . . . j Justice of the Peace. No. 146. Information for Keepping, etc., a Room, etc., for Gambling. (Id.) , County of , ss.: , being duly sworn, deposes and says, that he resides in the of ; that on the day of , 19..., and at the present time, did and does keep a room, building, arbor, booth, shed, tenement, boat, or float, to-wit : , at , in the of , to be used or occupied for gambling, to-wit: , or did and does knowingly permit the same to be used or occupied for gambling, to- wit: being the owner, superintendent, or agent of a room, build- ing, arbor, booth, shed, tenement, boat, or float, to-wit: , at , in the of , did and does rent the same to be used or occupied for gambling, to-wit : Taken, subscribed, and sworn to before me, ) (Signature.) jefore me, ) ,19... j this day of -t ' Justice of the Peace. No. 147. Information for Seizure, etc., of Gambling Apparatus. (Id.) . . . . , County of , ss.: , being duly sworn, deposes and says, that he resides in the of ; that one has committed an offense, 804 cleek's assistant. , in that he did , and has as deponent has reason to be- lieve, and does believe, upon his person or at , in the of , certain articles of personal property, to-wit : or gambling tables, devices, or apparatus for the purpose of , or public or private lottery policies, to-wit: , the discovery of which may lead to establish the truth of said charge for which complaint is hereby made against said Wherefore, deponent prays that a warrant may issue as provided by law for the arrest of said for diligent search to be made for such prop- erty, tables, devices, or apparatus, and if found, to bring the same before the magistrate or justice issuing the warrant, or in case of his absence or inabil- ity to act, before the nearest or most accessible magistrate in the county of Taken, subscribed, and sworn to before me, ) (Signature.) this day of , 19 . . . f Justice of the Peace. STATE OF NEW YORK, County of No. 148. Information for Interfering with an Officer. (Id.) , , being duly sworn, deposes and says, that he is a in said of ; that on the day of , 19 ... , at the of , in said county, , with force and arms, did unlawfully, designedly, and feloniously, forcibly interfere with , he then and there being a of the of , and having in legal custody one , upon a criminal charge, to-iwit : upon the charge of , committed by him. the said , upon one by Taken, subscribed, and sworn to before me, { (Signature.) \ this day of , 19 . . . Justic, of the Peace. No. 149. Information for Killing TTnborn Quick Child. (Id.) . , County of ,««..• . . . . , being duly sworn, deposes and says, that he resides in the . of ; that on the day of , 19 ... , justices' couets in new yoek. 805 at , in the county of , one did feloniously and willfully kill an unborn quick child by an injury to the mother of such child, in that he did Taken, subscribed, and sworn to before me, 1 (Signature.) this day of , 19 . . . j J Justice of the Peace. No. 150. Information for Larceny. (Id.) County of , ss.: , being duly sworn, deposes and says, that he resides in the of ; that on the day of , 19 . . . , at the of , in said county, divers goods and chattels of the value of dollars and cents, that is to say: were feloniously stolen, taken, and carried away from the possession of the said , and that he has just cause to suspect and believe, and does sus- pect and believe, and there is probable cause to believe, that did steal, take and carry away the same; that the facts upon which this a£Sdavit is based are as follows : Taken, subscribed, and sworn to before me, |^ (Signature.) this day of , 19 . . . t Justice of the Peace. No. 151. Information for Larceny from the Person. (Id.) . , County of , ss.: . . ., heixfg duly sworn, deposes and says, that he resides in the of ; that on the day of , 19 ... , at the of , in said county, , with force and armb. from the person of , of the value of dollars, of the goods, chattels, and personal property of the said , then and there being found, feloniously did steal, take, and carry away by Taken, subscribed, and sworn to before me, ) (Signature.) this day of , 19. . . ) Justice of the Peace. SOG No. 152. Information for Libel. (Id.) County of , ss.: ., being duly sworn; deposes and says, that he resides in the of ; that on the day of , instant, at , in said county, one did falsely, maliciously, and scan- dalously frame, make, write, and compose in a certain false, scandalous, and libelous writing of, concerning, and against the said , to the pur- port and effect following, to-wit : ; and that with intention to scandalize and disgrace the said , and to bring him into contempt, infamy, and disgrace, the said , did afterwards, to-wit, on the day of , 19 ... , at the aforesaid, openly deliver and publish to , said false, scandalous, and libelous , in that he did Taken, subscribed, and sworn to before me, ) (Signature.) this day of , . . , 19 . . . ( Justice of the Peace. No. 153. Information for Malicious Mischief. (Id.) County of , ss.: , being duly sworn, deposes and says, that he resides in ; that one , on the day of , 19 ... , at the of , did maliciously or wantonly injure, or deface, a monument or work of art, building, fence, or other structure, or did destroy or injure an ornamental tree, shrub, or plant, situated on a private ground, or on a street, public place, public or private way or cemetery; or did paint, or print upon, or in any other manner place upon or affix to any stone or rock, not a part of a building, or upon or to any bridge or tree, words, letters, characters, or de- vices, stating, referring to, or advertising, or intended to state, refer to, or advertise, the sale or manufacture of any property or article, profession, busi- ness, exhibition, amusement, or place of amusement, or other thing, or did, di- rectly or indirectly, cause any such act to be done, or did aid therein, by Taken, subscribed, and sworn to before me, 1 (Signature.) this day of , 19 . . . ) Justice of the Peace. 807 No. 154. Information for Malicious Trespass. (Id.) Court, County of , ss.: , being duly sworn, deposes and says, that he resided in street, in the of , in the county aforesaid ; that on the day of , in said , one , did ma- lieiously, unlawfully, willfully, and wantonly by Taken, subscribed, and sworn to before me, 1 (Signature.) ( this day of , 19. . , Justice of the Peace. No. 155. Information — Manslaughter, First Degree. (Id.) Court, County of , ss.: , being duly sworn, deposes and says, that he resides in the of ; that on the day of , 19 ... , at , in the county of , one , did feloniously kill one , without a design to effect death, by the act, procurement, or culpable negligence of said , while said was engaged in , by Taken, subscribed, and sworn to before me,) (Signature.) this day of , 19 . . . ( , Justice of the Peace. No. 156. Information for Mayhem. (Id.) , County of , ss.: , being duly sworn, deposes and says, that he resides in the of ; that on the day of , 19 . . . , at the of , one , then and there feloniously, will- fully, and maliciously did, on purpose, from premeditated design, or with intent to kill or commit a felony, to-wit: , cut out, or disable the 808 cleek's assistant:. tongue of one , put out the eye of one , slit or destroy the lip, or slit or destroy the nose of one , cut off or disable a limb or member, to-wit: of , on purpose, by Taken, subscribed, and sworn to before me, j (Signature.) this .. ._._.. . day of , 19 . . . J Justice of the Peooe. No. 157. Information for Ilisdemeanor. (Id.) ., County of , ss.: , being duly sworn, deposes and says, that he resides in ; that on the day of , 19. . ., in said , one did unlawfully and knowingly violate section .... of chapter .... of the law* of the State of New York, relating to , in that he did Taken, subscribed, and sworn to before me, ) ( Signature. ) this day of , 19 . . . ) Justice of the Peace. No. 158. Information for Xlurder Perpetrated by an Act Dangerous to Others, (Id.) , County of , ss.: , being duly sworn, deposes and says, that he resides in the of ; that on the day of , 19. . ., at the of , in the county of , one , did feloniously, willfully, and intentionally, by an act imminently dangerous to others, and evincing a depraved mind, regardless of human life, did kill one , although without any premeditated design to eflfeet the death of any particular individual, in that he did Taken, subscribed, and sworn to before me, | ( Signature. ) this day of , 19 . . . j Justice of the Peace. justices' courts in new YORK. 809 No.. 159. Information for Murder Perpetrated in Commission of a Felony. (Id.) ,. . . , County of , ss.: , being duly sworn, deposes and says, that he resides in the of ; that on the day of , 19 . . . , at the of , in the county of , one did feloniously and willfully, and intentionally, whilst engaged in the commission of a felony, kill one , in that he did Taken, subscribed, and sworn to before me, I (Signature.) this day of ,19... j • •" J Justice of the Peace. No. 160. Information for Hurder Perpetrated from Deliberate Design. (Id.) , County of , ss.: , being duly sworn, deposes and says, that he resides in the of ; that one , of , in the county of , on the day of , 19. . ., with force and arms. did then and there feloniously, willfully, and intentionally, and from a pre- meditated and deliberate design to effect the death of one , kill the said , by Taken, subscribed, and sworn to before me, 1 (Signature.) this day of , 19 . . . j t Justice of the Peace. No. 161. Information for Perjury. (Id.) . , County of , ss.: , being duly sworn, deposes and says, that he resides in the of ; that on the day of , 19 ... , in- stant, at the of , in the county of , a cer- tain action in which was plaintiff, and ^. was defendant, was before , and that upon the of said action. 810 appeared as a witness for, and on behalf of the said , and was then and there duly and regularly sworn by the said as such , that the evidence he should give relating to the matter in difference between the said parties should be the truth, the whole truth, and nothing but the truth ; and that upon the of the said action it then and there became material to inquire whether , and that thereupon the said , being so sworn as a witness as aforesaid, did then and there, on the of said action, falsely, willfully, and cor- ruptly depose, swear, and testify, among other things, that ; whereas, in truth and in fact, the whereby the said did then and there willfully and corruptly swear falsely and commit willful and corrupt perjury. Taken, subscribed, and sworn to before me, j (Signature.) } this day of , 19. . J Justice of the Pecuie. No. 162. Information to Obtain Warrant against Fighting, etc. (Id.) . . . . , County of , ss.: ., being duly sworn, complains, deposes, and says, that he resides in the of ; that he has just and reasonable cause to sus- pect, and does suspect, that certain of the provisions of law relating to and affecting animals, and to prevent prize fights and fights among game animals, and for the prevention of cruelty to animals, are being and are about to be violated by , at and within the particular building and place within the known as , and now occupied, kept, and used by Wherefore, this deponent prays, that a warrant may be immediately issued and delivered, pursuant to the statute in such case made and orovided, to any person authorized by law to make arrest for such offenses, authorizing him to enter and search such building, and place and arrest the said , by whatsoever names they may be known or called, or any or either of them there present found violating any of said laws, and to bring such person, when so arrested, before the nearest magistrate of competent jurisdiction, to be dealt with according to law. Subscribed and sworn to before me, this 1 (Signature.) ;his 1 day of , 19. Justice of the Peace. justices' courts in new YORK. 811 No. 163. Information as to Female Under Sixteen Years Living in House of Prostitution. (Id.) County of , ss. : being duly sworn, deposes and says, that he resides in the of ; that he has just and reasonable cause to suspect that , a female child, of the age of years, is living, de- tained, and kept, in a house and place. No street, in said of , for the purposes of prostitution. That the grounds of deponent's suspicion are as follows : Taken, subscribed, and sworn to before me, ) (Signature.) this day of , 19 . . . ( Justice of the Peace. No. 164. Information for Public Intoxication. (Id.) COURT. COtJNTT OF against County, ss. : , being duly sworn, deposes and says, that he is ; that the above-named defendant was, on the day of , 19 ... , about , ... M., Intoxicated in a public street or place, to-wit, , in said of , contrary to the provisions of the act en- titled "The Liquor Tax Law," in effect March 23, 1'55B (L. 1896, c. 112, as am'd by L. 1897, c. 312). Subscribed and sworn to before me, this | (Signature.) day of , 19. "t Justice of the Peace. The defendant, immediately on being brought before said justice, was in- formed of the charge against h. ., and h. . right to the aid of counsel in every 812 clerk's assistant. stage of the proceedings, and before any other proceedings were had, plead guilty. Tried and convicted, and fined $ and $ costs, or be committed to the penitentiary or jail of said county,. for the term of days, unless the fine be sooner paid. No. 165. Warrant of Commitment. (Id.) STATE OF NEW YOEK, ) County of , j In the name of the People of the State of New York, to any Sheriff, Constable,. etc. : Whereas, has this day been duly examined, tried, and convicted before me, , one of the justices of the peace of the town of , in said county, upon the information or oath of , and on competent testimony, of having been intoxicated in a public place in said town of , contrary to the provisions of section 40 of an act, entitled " The Liquor Tax Law," being chapter 112 of the Laws of 1896, as amended by Laws 1897, chapter 312. And, whereas, upon such conviction, he was adjudged to pay a fine of dollars, and dollars costs, and in default thereof to be committed to the of said county for a. term of days, unless the fine be sooner paid; You are hereby commanded forthwith to convey and deliver the said to the keeper of the said And you, tne said keeper of ,. are hereby commanded to receive the said into your custody, in the said , and him there safely keep until the expiration of the said days, unless the fine be sooner paid, or be thence dis- charged in due course of lavs, and to bring such person when so arrested before the nearest magistrate of com- petent jurisdiction, to be dealt with according to law. Hereof fail not at your peril. Witness, the said , at the of , in the county aforesaid, the day of , 19 . . . (Signature.) The within-named , having been brought before me under this warrant, committed for examination to the sheriff of the county of JUSTICES COCETS IIST NEW YOEK. "^I'l No. 187. Warrant for Seizure of Gaming Apparatus, etc. (Id., § 151.) Court, of , ss.; In the name of the People of the State of New York, to any Peace Officer of the County of : Whereas, complaint on oath has been duly made before me, , a justice, , of the of ; that one We, therefore, command you forthwith to arrest the said , to make diligent search for such property, tables, devices, or apparatus; and, after demanding entrance, to break open and enter said house or place, and any house or place wherein such gambling tables, establishment, devices, or apparatus shall be kept, and to seize the aforesaid gambling tables, establish- ment, apparatus, or devices, and to deliver the same to , of the , and to return this warrant with your doings thereon indorsed, to me, the said , at the , in the said of , or, in ease of my absence or inability to act, before the nearest or most ac- cessible magistrate in the county of Hereof fail not at your peril. Witness, the said , at the of , in the county aforesaid, the day of , 19 . . . (Signature.) By virtue of the within warrant, I have seized the following: Dated, , 19... No. 188. Warrant as to Pemale Under Sixteen Years, Living, etc., in House of Prostitution. (Id.) Police Court, County of , ss.: In the name of the People of the State of New York, to any Peace Officer of the County of ; Whereas, complaint has this day been made by , of the of , in the county of , on oath, before , a, justice of the of ; that on the day of , 19 . . . , at the , in said county, one , a fe- male child, of the age of years, is living, detained, and kept in a house and place No , street, in said of , for the purposes of prostitution; and, whereas, in the judgment of said jus- tice, said has just and reasonable cause to suspect that said child is so living, detained, and kept as aforesaid, against the peace of the people of the State of New York, and the form of the statute in such case provided : 822 cleek's assistant. We, therefore, command you forthwith to enter and search said house and place, and bring said child, together with all persons occupying said house or place, or in charge thereof, before the said , at the , in the said of , with this warrant, and a return of your doings thereon indorsed, to be dealt with according to law. Hereof fail not at your peril. Witness, the said , at the of , in the county aforesaid, the day of , 19. . . (Signature.) By virtue of the within warrant, I have arrested the within-named , and now have her before the magistrate by whom this warrant was issued. Dated, , , 19.. . No. 189. (Id., §i 151-154.) Warrant of Arrest for Slisdemeanor or Felony. COURT, ) „ . ' V ss. : , County of In the name of the People of the State of New York, to any Peace Officer in the County of : Information upon oath having been this day laid before me, that the crime of has been committed, and accusing thereof; You are, therefore, commanded forthwith to arrest the above-named and bring . . h . . before me, at the court, in the of , in the county of , or in case of my absence or inability to act, before the nearest or most accessible magistrate in this count}', Dated, at the of , this day of , 19.. . No. 190. For a Bape. (Id.) (Commencing as in No. 178.) That on the day of , at the town of , in said county, E. F., of, etc., did feloniously and forcibly make an assault upon the body of X. Y., and her, the said X. Y., against her will, did then and there feloniously ravish and carnally know. We, therefore, command (as in No. 178). justices' courts in new YORK. 823 No. 191. Far a Bape on a Female Under Ten Years of Age. (Id.) (Commencing as in No. 178.) That on the day of , in the year 19. . ., at the town of , etc., E. F., of, etc., did feloni- ously make an assault upon one X. Y., a female child under the age of ten years, and her, the said X. Y., then and there unlawfully and feloniously did carnally know. We, therefore, command, etc. (as in No. 178). No. 192. For SHaiming. (Id.) (Commencing as in No. 178.) That on the day of , in the year , at the town of , in said county, E. F., of, etc., from premeditated design, did feloniously assault and put out the eye of the said X. Y. We, therefore, command you, etc. (as in No. 178). No. 193. Another Form for Maiming. (Id.) (Commencing as in No. 178.) That on, etc., at, etc., E. F., of, etc., with in- tent to kill (or, to rob, or, to ravish) one X. Y., did feloniously assault the said X. Y., and did then and there put out one of the eyes of the said X. Y. We, therefore, command, etc. (as in No. 178). No. 194. For Shooting at Another, with Intent to Kill. (Id.) (Commencing as in No. 178.) That on, etc., at, etc., E. F. did feloniously shoot at the said A. B. with a pistol charged with gunpowder and leaden shot, with intent to kill the said A. B. We, therefore, command, etc. (as in No. 178). 824 cleek's assistant. No. 195. For Attempting to Discharge Firearms, with Intent to Commit a Felony. (Id.) (Commencing as in No. 178.) That on the day of etc., at the town, etc., E. F. did present towards and at the body of the said A. B. a certain pistol charged with gunpowder an^ lead, and did then and there feloniously attempt, by drawing the trigger thereof, to discharge the samfe at him, the said A. B., with intent then and there to kill (or, rob) the said A. B. No. 196. For an Assault with a Deadly Weajwa, with Intent to Kill, or Bob, or Haim. (Id.) (Commencing as in No. 178.) That E. F., of, etc., on, etc., at, etc., Jid feloniously with and by means of a certain deadly weapon, to-wit, an ax, then in his hands, make an assault upon the said A. B., and him, the said A. B., did then and there with the said weapon beat and ill treat, with intent to kill {or, rob, or, maim) the said A. B. We, therefore, command, etc. (as in No. 178). No. 197. For Assault with Intent to Kill, by Means of Force I>ikely to Produce Death, Without a Deadly Weapon. (Id.) (Commencing as in No. 178.) That the said E. F., on, etc., at, etc., did with and by means of his hands, fists, and feet, and by such force as was likely to produce deaLh, feloniously assault and beat the said A. B., with intent him,, the said A. B., then and there to kill. We, therefore, command, etc. (as in No. 178). No. 198. For Murder by Poisoning. (Id.) (Commencing as in No. 178.) That on the day of , in- stant, one X. Y., late of the town aforesaid, died; and that he, the said A. B., hath just cause to suspect, and doth suspect, that on the day of 825 last, at the place aforesaid, one E. F., of, etc., did feloniously, will- fully, and of his malice aforethought, administer to the said X. Y. certain deadly poison, called arsenic, by means whereof the said X. Y. died as afore- said, and that so the said E. F. feloniously murdered the said X. Y. We, therefore, command, etc. (as in No. 178). No. 199. For Administering Poison with Intent to Kill. (Id.) (Commencing as in No. 178.) That E. F., of, etc., on, etc., at, etc., feloni- ously administered, and caused and procured to be administered, unto X. Y., a certain poison called arsenic,, with intent to kill the said X. Y., and which poison was actually taken by the said X. Y., but whereof death did not ensue. We, therefore, command you, etc. (as in No. 178). No. 200. For Mingling Poison with Food, etc., with Intent to Kill, Though the Poison be not Taken. (Id.) (Commencing as in No. 178.) That E. F., on, etc., at, etc., with intent to injure and kill one X. Y., and other persons, did feloniously mingle a certain poison called arsenic, with certain food {or, drink, or, medicine), in order that the same might be taken by the said X. Y., and other persons. We, therefore, command, etc. (as in No. 178). No. 201. For an Assault, with Intent to Commit Felony. (Id.) (Commencing as in No. 178.) That on the day of , in the year , at the town of , etc., E. F. did feloniously mak{ an assault in and upon the said A. B., with intent him, the said A. B., tc kill and murder {or, with intent to commit manslaughter by killing the said A. B.; or, with intent to commit robbery by feloniously taking the money of .the said A. B. from his person by violence thereto; or, with intent the said A. B. feloniously to ravish and carnally know). We, therefore, command, etc. (as in No. 178). 826 cleek's assistant. No. 202. For Assault by Setting On a Bog to Bite. (Id.) (Commencing as in No. 178.) That on the day of , in the year 19. . ., at the town of , etc., E. F., of, etc., made an as- sault upon the said A. B., by unlawfully and maliciously inciting: and setting on a certain dog to bite him, the said A. B. ; by means whereof, the said A. B. was bitten and injured by the said dog. We, therefore, command you, etc. (as in No. 178). No. 203. For an Assault, by Driving a Cart against a Wagon, and Thereby In- juring the Driver of the Wagon. (Id.) (Commencing as in No. 178.) That on the day of , in- stant, E. F., of, etc., on a public highway, in the town of , etc., made an assault on the said A. B., by unlawfully, forcibly, and willfully driving a certain horse and cart under the guidance of the said E. F., upon and against a certain wagon drawn by horses, then and there under the care and guidance of the said A. B., whereby the said A. B. was thrown out of the said wagon and greatly injured. We, therefore, command you, etc. (as in No. 178). No. 204. For Assaulting a Sheriff in the Execution of His Office. (Id.) (Commencing as in No. 178.) That one E. F., of, etc., on the day of , instant, at the town of , etc., did unlawfully and forcibly assault and beat A. M., who then and there was the sheriff of said county, and in the due execution of his said ofSce. We, therefore, command you, etc. (as in No. 178). No. 205. For False Imprisonment. (Id.) (Commencing as in No. 178.) That E. F., of, etc., on the dsty of > instant, at the town of , in said county, unlawfully JUSTICES COURTS IN KEW YORK. 8:^7 and forcibly assaulted the said A. B., and him, the said A. B., unlawfully and against the will of the said A. B., did imprison and detain for a long time, to-wit, the space of three days then next following. We, therefore, command you, etc. (as in No. 178). No. 206. For Receiving Stolen Goods. (Id.) (Commencing as in No. 178.) That on, etc., at, etc., divers goods and chat- tels of the said A. B., to-wit: twelve silver spoons, of the value of $20, were feloniously stolen by one C. D. (or, by a person to the said A. B. unknown) ; and that he hath just cause to suspect, and doth suspect, that E. F., of, etc., bought the said goods and chattels of the said C. D. (or, of that person), he, the said E. F., well knowing that the said goods and chattels had been feloni- ously stolen. We, therefore, command you, etc. (as in No. 178). No. 207. For Perjury. (Id.) (Commencing as in No. 178.) That E. F., of, etc., on the day of , in the year , was sworn as a witness in behalf of the de- fendant, on the trial of a certain issue, joined in a cause before J. C, a justice of the peace of said county, in which the said A. B. was nlaintiif, and 0. D. was defendant; and that upon the trial aforesaid, in giving his evidence under oath, as a witness, touching matters material to the said issue, the said E. F. willfully and corruptly swore and testified falsely, and then and there committed willful and corrupt perjury. We, therefore, command you, etc. (as in No. 178). No. 208. For Conveying Instruments into Jail to Aid a Prisoner's Escape. (Id.) (Commencing as in No. 178.) That on, etc.. E. F., of, etc., did feloniously convey into the common jail of the county of Dutchess, instruments proper and useful to aid the prisoner hereinafter named in his escape, with intent thereby to facilitate the escape of one X. Y., a prisoner lawfully committed and detained in said jail for felony. We, therefore, command you, etc. (as in No. 178). 828 No. 209. For Bescuing a Prisoner for Felony from the Custody of an Officer. (Id.) (Commencing as in No. 178.) That one X. Y., on the day of , instant, had been arrested, and was in the legal custody of D. 0., one of the constables of said county, at the town of , etc., on a charge of felony, and that E. F., of, etc., then and there feloniously and forci- bly rescued the said X. Y., so being in custody. We, therefore, command you, etc. (as in No. 178). No. 210. For Aiding a Prisoner on a Criminal Charge to Escape from the Custody of an Officer. (Id.) (Commencing as in No. 178.) That one X. Y., on the day of , instant, had been arrested by D. 0., one of the constables of said county; and was a prisoner in his custody and lawful charge, upon a war- rant for felony, and that E, F., of, etc., unlawfully aided and assisted the said prisoner in escaping (or, attempting to escape) from such custody. We, therefore, command you, etc. (as in No. 178). No. 211. For a Biot. (Id.) (Coitimehcing as in No. 178.) That on, etc., at, etc., E. F., G. H., and J. R. did unlawfully and riotously assemble together, to disturb the peace; and being together unlawfully, remained together, making noise, riot, and tumult, to the terrOr and disturbance of the citizens there being. We, therefore, command you, etc. (as in No. 178). No. 212. For Bigamy. (Id.) (Commencing as in No. 178.) That on, etc., at, etc., E. F., of, etc., then being married, and then the husband of M. F., feloniously did marry and take to wife one S. B., the said M. F., his former wife, being then alive. We, therefore, command you, etc. (as in No. 178). JUSTICES COURTS IN NEW YOEK. 829 No. 213. For Keeping a Disorderly House. (Id.) (Commencing as In No. 178.) That on the day of , in the year 19..., and from thence hitherto, E. F., of, etc., hath kept and maintained, and still keeps and maintains, at the town of afore- said, a disorderly house for his lucre and gain, where persons of ill-fame as- semble by his procurement and permission, and there remain tippling, gam- bling, and misbehaving themselves. We, therefore, command you, etc. (as in No. 178). No. 214. For Trespass in Cutting Timber. (Id.) (Commencing as in No. 178. ) That on the day of , last, E. F., of, etc., willfully committed trespass, by cutting down a great number, to-wit: fifty trees, standing and growing upon lands of the said A. B., situate in the town of , in the county aforesaid. We, therefore, command you, etc. (as in No. 178). No. 215. Proof of Justice's Signature. (Id., § 157.) of County of , ss.: , being duly sworn, says, that he resides in the of ; that the nam« of '. , signed to the above warrant of arrest, is the handwriting of , who is a justice of the of in the county of , by whom the above warrant was issued. Sworn before me, this . . d^y of , 19 .[ No. 216. Betum. (Id.) By virtue of the within warrant. I have arrested the within named , at in the county of and now have . . h . . 830 clerk's assistant. , before the magistrate by whom this warrant was issued, or before , a magistrate in. the said county of , he having required me so to do. Dated at , the day of , 19 . . . ( Signature. ) No. 217. Indorsement upon Warrant to be Executed in Another Count/. (Id., § 156.) This warrant may be executed in the county of Monroe. Dated at , the day of , 19 . . . Justice of the Peace, County, N. Y. No. 218. ITndertaking to Appeax Before Magistrate Issuing Warrant Take;n in the County of (Id., § 159.) County of , ss.: We, , of , in the county of , by occupation a , defendant, and , of , in the county of , by occupation a , and , of , in the county of , by occupation a , sureties, acknowledge ourselves jointly and severally to owe the people of the State of New York, each the sum of hundred dollars, to be made and levied of our respective goods and chattels, lands and tenements, to the use of the said people, if default shall be made, in the condition following: The condition of this recognizance is, that, whereas, information has been made on oath, before , a justice for the , that on the day of , 19 ... , at the , in said county, the crime of was committed, and accusing thereof. And, whereas, the said justice as aforesaid, did, on the day of , 19 ... , duly issue a warrant for the arrest of said And, whereas, the said has been duly arrested in the county of , and having required the officer making the arrest to take him before a magistrate in the said county of , he has this day been duly brought before me, the undersigned, one of the of said county of : Now, therefore, if the said shall personally be and appear be- fore the said , justice , aforesaid, at the , in the aforesaid, on the day of , 19 ... , at o'clock in the noon, then this recognizance to be void, otherwise to JUSTICES CODETS IN XEW YOEK. ,^.j 1 remain in full force and virtue; and we, the said sureties, will pay to the people of the State of New York the said sum of hundred dollars. Taken, subscribed, and acknowledged before i (Signatures.) me, this day of , 19 . , . \ (Add justification.) No. 219. Certificate of Admission to Bail. (H.) I , justice of , of the of , do hereby certify, that I have this day of . . . _. , 19 ... , admitted the within named , to bail, for his appearance before the magis trate named in the within warrant, and taken bail from . . h . . accordingly. ( Signature. ) COURT, County of .... No. 220. Certificate Denying Application to Bail. (Id., § 161.) IT, 1 I, , a justice of the of , do hereby certify that an application was made to me on the day of , 19. . ., for the admission to bail of , held by me to answer the crime of , and I denied the said application. Dated at the of this day of , 19 . . . ( Signature. ) No. 221. Information against Person Arrested Without Warrant for Committing a Felony. (Id., § 177, subd. 3.) , County of , ss.: , being duly sworn, deposes and says, that he is a peace officer in the aforesaid ; that having reasonable cause for believing that one committed the crime of , in , he ar- rested him without a warrant, on the day of , 19. . ., at said ; that the grounds of deponent for believing that said committed said crime are as follows : Taken, subscribed and sworn to before me, ) (Signature.) this day of , 19. . . i (Official signature.) 832 CLEEK S ASSISTANT. No. 222. Statement and Questions Put to Defendant by Justice. (Id., §§ 188, 189.) . . . COURT, OP — County of , 19. . . ■^ The People against Before , Justice. The defendant, immediately on being brought before said justice, was in- formed by said justice as follows: You are charged with the crime of You have the right to the aid of counsel in every stage of the proceedings, and before any further proceedings are had. Question. Do you require counsel? If you do, you will be allowed a reasonable time to send for him, and the examination will be adjourned for that purpose. Answer ( appeared as counsel for the defendant, or no counsel appear ing, and after waiting a reasonable time therefor, the said justice put the following questions to defendant : ) Question. Do you desire an examination of this case, or do you waive ex- amination and elect to give bail? Answer (Signature.) No. 223. Qail for Defendant's Appearance Before Justice. (Id., § 192.) STATE OF NEW YORK, County of , >■««•• of , The People against . , Defendant. An information having been laid before , Esq., justice of the neaee, charging , defendant . . , with the ofTense of , and COURTS IN NEW YOEK. 833 he having been brought before said justice for an examination of said charge, and the hearing thereof having been adjourned We, , defendant . . , residing at , in the of , county of , N. Y., by occupation a , and , surety, residing at , in the of , county of N. Y., by occupation a . , , hereby undertake that the above-named , defendant . . , shall personally appear before the said magistrate. during the said examination, or that we will pay to the people of the State of New York the sum of dollars. Dated, at , N. Y., this day of , 19 . . . (Signature.) STATE OF NEW YORK. ) ^^ . County of , ' On this day of , A. D. 19. . ., before me, the subscriber, personally came and , to me personally known to be the same persons described in, and who executed the above undertaking of bail, and severally acknowledged that they executed the same. (Signature.) No. 224. Affidavit of Surety. COUNTY OF , Kg . of , i suret... to the foregoing undertaking of ball, being sworn, says that he is a resident of, and a holder within the State of New York, and county of , and is worth dollars, over all the debts and liabilities which he owes or has incurred, and exclusive of property exempt by law from levy and sale under an execution. Sworn to before me, this . . . . j day of , 19. . . ' Justice of the Peace. I hereby allow the foregoing undertaking of bail, and approve of the suret. . therein named. Dated, this day of , 19 . . (Signature.) No. 225. Commitment. (Id., § 193.) The within-named A. B., having been brought before me under this warrant, is conmiitted for examination to the sheriff of the county of (or, in the city and county of New York ) , to the keeper of the city prison of the city of New York. 53 834 clekk's assistant. No. 226. Commitment for Further Examination. The sheriff of county will receive and safely keep within the common jail of said county for further examination , who is charged before me, with the offense (briefly state the offense). Dated, etc. t Justice of the Peace. No. 227. Indorsement of Waiver of Examination. (Id., i 197.) At the close of the examination of the witnesses on the part of the people,, the defendant was informed by me of h . . right to make a statement in relation to the charge against h. ., as required by section 196 of the Code of Criminal Procedure, and after being so informed, . . he did waive h . . right to make the same. (Signature.) No. 228. Statement of Defendant. (Id., § 198.) Question. — What is your name and age? Answer. — Question, — ^Where were you born? Answer. — Question. — Where do you reside, and how long have you resided there? Answer. — Question. — What is your business or profession? Answer.; — Question. — Give any explanation you may think proper of the circumstances appearing in the testimony against you, and state any facts which you think will tend to your exculpation. Answer. — No. 229. Authentication by Justice of Statement Made by Prisoner. (Id., § 200.) COURT, ) County of , ' I, , a justice of the .of , do hereby certify that at the close of the examination before me of the witnesses oji the part of the people in the above action, I informed the defendant that it was . .h. . right to make a statement in relation to the charge against h.. ., and the nature of the charge was stated to ..h..j that the statement was COURTS IN NEW YORK. 835 designed to enable . . h . . , if . . h . . saw fit, to answer the charge and to explain the f aets alleged against . . h . . ; that . . h . . was at liberty to waive making a statement, and that . . h . . waiver could not be used against . . h . . on the trial; that after being so informed, . .h. . made the following statement: Dated, at the of , this day of , 19... (Signature.) No. 230. After Statement or Waiver. (Id., § 201.) After the waiver of the defendant to make a statement, or after the de -f endant made a statement, the following, witnesses, viz. : , wen produced, sworn, and examined, by and on behalf of the defendant. (Signature.) No. 231. Testimony. (Id., § 204.) 1 The People against Before Justice , , , 19. . . Arrested by , being duly sworn, deposes and says : Question. — ^What is your name and age ? Answer. — Question. — ^Where do you reside? Answer. — Question. — What is your business or profession- Answer. — . COURT, ) County of , T*"' I, , a justice of the of , do hereby certify that the is the testimony given by , a witness sworn on the part of the , who stated his name to be , his age to be , his business or profession to be Dated, at the of , this day of , 19- •• (Signature.) 836 No. 232. Indorsement to be IVIade on Depositions and Statement of Defendant in Case of Prisoner's Discharge. (Id., § 207.) There being no sufficient cause to believe the within named guilty of the offense within mentioned, I order him to be discharged. ( Signature. ) No. 233. Notice of Discharge, when Defendant is in Jail. (Id.) To the Keeper of the Common Jail of County: You are hereby required, on the receipt of this communication, to discharge from your custody , who was committed to jail by me, charged with the offense of (set out charge), but who was not held by me to answer the same. Dated, etc. Yours, etc.. Justice of the Pence. No. 234. Indorsement of Commitment. (Id., § 208.) It appearing to me by the within deposition (and statement, if any) that the crime therein mentioned ( or, any other crime according to the fact, stating gen- erally the nature thereof) has been coinmitted, and that there is sufficient cause to believe the within-named A. B. guilty thereof, I order that he be held to answer the same. No. 235. Indorsement to be Made on Depositions and Statement of Defendant if Believed Guilty. (Id., §§ 208, 209.) It appearing to me by the within depositions and statement that the crime therein mentioned of has been committed, and that there is suffi- cient cause to believe the within-named guilty thereof, I order that he be held to answer the same. (Signature.) JUSTICES COUETS IN NEW YORK. 837 No. 236. Indorsemeiit to be Made on Depositions and Statement of Defendant if Believed Guilty and Crime be not Bailable. (Id.) It appearing to me by the within depositions and statement that the crime therein mentioned of has been committed, and that there is suflS- eient cause to believe the within-named guilty thereof, I order that he be held to answer the same, and that he be committed to the sheriff of the county of ( Signature. ) No. 237. Indorsement to be Made on Depositions and Statement of Defendant if Crime be Bailable and Bail Taken. (Id., §§ 208, 210.) It appearing to me by the within depositions and statement that the crime therein mentioned of has been committed, and that there is suffi- cient cause to believe the within-named guilty thereof, I order that he be held to answer the same, and I have admitted him to bail to answer by the undertaking hereto annexed. ( Signature. ) No. 238. Indorsement to be Made on Depositions and Statement of Defendant if Crime be Bailable and Defendant Admitted to Bail, but Bail have not been taken. (Id., §§ 208, 212.) It appearing to me by the within depositions and statement that the crime therein mentioned of has been committed, and that there is suffi- cient cause to believe the within-named guilty thereof, I order that he be held to answer the same, and that he be admitted to bail in the sum of dollars, and be committed to the sheriff of the county of until he give such bail. (Signature.) No. 239. Indorsement of Commitment, Offense not Bailable. (Id., § 209.) And that he be committed to the sheriff of the county of {or, in the city and county of New York), to the keeper of the city prison of the city of New York. 838 cleek's assistant. No. 239a. Certificate of Bail. (Id., § 210.) And I hare admitted him to bail to answer, by the undertaking hereto an- nexed. No. 240. Undertaking to Grand Jury. (Id., § 211.) STATE OF NEW YORK, j County, j Whereas, has been duly charged, on information before , a justice of the peace of the town of , county of , with the offense of , and the said justice has informed him of his right to be tried by a jury after indictment and asked him how he would be tried ; and, whereas, upon his election to be so tried, the said justice did hold the said to answer to the next court, to be held in and for the said county of , having authority to inquire, by the intervention of a grand jury, into offenses triable in said county of We, , of , in the of , by occu- pation a , and , of , in the of , by occupation a. , and , of , in the , of , by occupation a , jointly and sev- erally undertake that shall appear and answer the charge above mentioned, at the next court, to be held in and for the county of , having authority to inquire, by the intervention of a grand jury, into offenses triable in the said county of , and shall, at all times, render him- self amenable to the process of the court; and, if convicted, shall appear for judgment, and render himself in execution thereof; or, if he fail to perform either of these conditions, that we will pay to the people of the State of New York the sum of dollars. Dated, etc. (Signatures.) (Add acknowledgment and justification clauses and approval.) No. 241. Order for Bail, on Commitment. (Id., § 212.) (Must be added to the indorsement mentioned in § 208.) And that he be admitted to bail in the sum of dollars, and be committed to the sheriff of the county of {or, in the city and county of New York, to the keeper of the city prison of the city of New York), until he give such bail. justices' courts in new yoek. 839 No. 242. Commitment. (Id., § 214.) County of Albany (or, as the case may be) : In the name of the People of the State of New York, to the Sheriff of the County of Albany (or, in the City and County of New York, to the Keeper of the City Prison of the City of New York) : An order having been this day made by me, that A. B. be held to answer to the court of , upon a charge of ( stating briefly the nature of the crime), you are commanded to receive him into your custody and detain him, until he be legally discharged. Dated, at the city of Albany [or, as the case may be), this day of 19... No. 243. GoHunitment where Crime is not Bailable, and where it is Bailable, but Bail is not Taken. (Id.) Court, County of , as.. In the name of the People of the State of New York, to the Sheriff of the County of » ; An order having been this day made by me, that be held to an- swer to the court of upon a charge of , you are com- manded to receive h . . into your custody, and detain h . . until . . he be legally discharged. Dated, at the of , this day of , 19 . . . ( Signature. ) No. 244. Undertaking of Witness without Sureties. (Id., § 215.) Court, County of , ss.: I, , of No , street, of the , in said county, acknowledge myself to be indebted to and owe the people of the State of New York the sum of hundred dollars, to be made and levied of my goods and chattels, lands and tenements, to the use of the said people, if default shall be made, in the condition following: The condition of this recognizance is such, that if the above bounden shall personally appear and testify at the next court of , to be held in and for the said , to give evidence as a witness on 840 cleek's assistant. behalf of the said people against , arrested and held to answer the charge of , as well to the grand jury as to the petit jury, and do not depart the said court without leave ; then this recognizance to be void and of no eflfectj otherwise, to remain in full force and virtue, and the said will pay to the people of the State of New York the said sum of hundred dollars. Taken, subscribed, and acknowledged before i me, this day of , 19 . . . f (Signature.) No. 245. Undertaking of Witness with Sureties. (Id., §§ 215, 216.) Court, County of , ss.: Be it remembered, that on this day of , 19 . . . , , of , in the county of , by occupation n , and , of , in the county of , by occupation a , and , of , in the , county of , by occupation a , sureties, personally came before me, , justice of the peace, , of the of , in said county, and acknowledged themselves each, jointly and severally, to be indebted to the people of the State of New York, in the sum of hundred dollars, to be made and levied of his goods and chattels, lands and tenements, to the use of the said people, if default shall be made in the con- dition following: The condition of this recognizance is such that if the bounden shall personally appear and testify at the next court , to be held in and for the said city or county of , to give evidence as a wit- ness on behalf of the said people, against , arrested and held to answer the charge of , as well to the grand jury as to the petit jury, and do not depart the said court without leave, then this recognizance to be void and of no effect; otherwise to remain in full force and virtue. The said sureties will pay to the people of the State of New York the said sum of hundred dollars. Taken, subscribed, and acknowledged, the day ) and year first above written, before me. ' ( Signature. ) (Add acknowledgment, justification, and approval.) justices' courts in new yobk. 841 No. 246. Order that Witness Oive Security for Appearance. (Id., § 216.) . COURT, OF The People against Whereas, , a witness examined before me, on the part of the peo- ple in the above action, is a material witness for the people therein; and, whereas, I am satisfied, by proof on oath, that there is reason to believe that said will not appear and testify on the part of the people at the next court of , to be held in and for the county of , to which the statements and depositions in the above action are to be sent, I do hereby order that the said enter into a written undertaking in the sum of hundred dollars, with suret. . that . .he will appear and testify on the part of the people at the next court of , to be held in and for the county of Dated, , the day of , 19. . . ( Signature. ) No. 247. Commitment for Neglecting to Give Security for Appearance. (Id., § 218.) Court, County of , sa.: To , of the said City, Greeting : Whereas, it appears by the examination of , taken on oath, on the day of , 19 ... , before me, , a justice of the peace of the of , as a witness upon a charge made on oath by the said , before me, the said justice, against ,:•■■■' that . .he, the said , is a material witness against the said , in regard to the said charge. And, whereas, being satisfied by due proof, on oath, that there was good reason to believe that the said would not fulfill the conditions of a recognizance to appear and testify as a witness on the trial of the said , unless security was required for that purposCj I, the said justice, did require the said to enter in a recognizance, with two sufficient sureties, in the sum of dollars, conditioned for the personal appear- ance at the next court , to be held in and for the county of ^ 842 oleek's assistant. to testify and give evidence on behalf of the people against the said for the offense aforesaid: whereupon the said neglected and re- fused, and still doth neglect and refuse, to enter into such recognizance with such sureties as aforesaid. These are, therefore, to command you, in the name of the people of the State of New York, the said forthwith to convey and deliver into the custody of the said , the body of the said And you, the said , are hereby required to receive the said into your custody, in the place provided by you, pursuant to the statute in such case made and provided, for the detention of witnesses who are unable to furnish security for their appearance in criminal proceedings, and h . . there safely keep until he shall enter into such recognizance, with such surety as aforesaid, or be otherwise discharged according to law. Hereof fail not at your peril. Witness, the said , at the of , and county aforesaid, the day of , 19. . . ( Signature. ) No. 248. Complaint for a SeaTch Warrant to be Executed in the Daytime. (Id., § 797.) Albany County, ss. . A. B., of Berne, being duly sworn, deposes and complains before me, J. C, one of the justices of the peace of said county, that on or about the day of , at Berne, divers goods and chattels, to-wit: one silver watch, two silver table spoons, one fur hat, and three linen shirts (particularly describing the goods), of the value of $24, were feloniously stolen, taken, and carried away from the possession of the said A. B., at Berne (or, were feloni- ously embezzled, taken, and carried away from the possession of the said A. B., by E. F., of Berne, being the clerk or servant of the said A. B., and not being his apprentice, or, within the age of eighteen years ) , * and that the said A. B. suspects that the said goods and chattels, or a part thereof, are concealed in the dwelling-house of one C. D., situated in the town of Knox, in said county (par- ticularly designating the place). And the said A. B., on his oath, further de- poses, that the grounds of his suspicion are as follows, viz.: (Here state his reasons for suspicion.) And the said A. B. prays that a precept may issue, to make search for said goods and chattels in the said dwelling-house of the said C. D., according to the statute in such case made and provided. Sworn and subscribed, this day ) A. B. of , 19 ... , before me, ) J. C, Justice of the Peace. JUSTICES COURTS IN KEW YORK. 843 No. 249. Complaint for a Warrant to be Executed in the ITighttime. (Id., § 801.) (The same as in No. 248, to the *.) And that the said goods and chattels, or a part thereof, are concealed in the dwelling-house of one C. D., situated in the town of Knox, in said county. And the said A. B., on his oath, further deposes, that the facts within his knowledge are as follows, that is to say: (Here detail the material facts and circumstances.) And the said A. B. prays, etc. ( as in No. 248 ) . No. 250. Search Warrant. (Code Crim. Pro., §§ 797, 801.) STATE OF NEW YORK,) County of , ) In the name of the People of the State of New Yorl^, to any Peace Officer in the County of ; Proof by affidavit having been this day made before me, oy , that the property hereinafter described was stolen or embezzled; that there is prob- able cause for believing that the said property was stolen or embezzled, you are, therefore, commanded in the daytime, or at any time of the day or night, to make immediate search on the person of , or in the situate for the following property : , and if you find the same, or any part thereof, to bring it forthwith before me, at in the Dated, at , tke day of , 19. No. 251. Subpcena — Criminal. (Id., § 612.) County of , ss. ; In the name of the People of the State of New York, to : You are commanded to appear before , a justice of the peace of the of , at , in said , on the day of , 19. . ., at .... o'clock in the noon, as a witness in a criminal action prosecuted by the people of the State of New York, against Dated, at , this day of , 19. . . Justice of the Peace. 844 No. 252. Affidavit and Order for Attendance of Witnesses. (Id., § 618.) . COURT OF 1 The People of the State of New York against [ -J County of , ss.: , being duly sworn, says . . he . . is , that I believe the evidence of , and each and every of them is material on behalf of the herein, and that the attendance of said witness . . are, and each of them is, necessary. Subscribed and sworn to before me, this ) { Signature. ) day of , 19. . . ) It appearing to me, that sufficient cause exists therefor, it is hereby ordered, that , and each and every of them, attend the trial hereof, pursuant to within subpcena, as witnesses on behalf of the No. 253. Criminal Venire. (Id., § 703.) STATE OP NEW YORK, ) ^ . County of , f To any Constable of said County, Greeting: The people of the State of New York commaand you to notify and summon , to attend before me, forming a court of special sessions, at , in the of , in said county, on the day of , 19. . ., at o'clock in the noon, to form a jury for the trial of an issue of traverse between the said neople and , f oi the alleged offense of , and you are also required to indorse unon or annex to this venire, and deliver to me a return, under your hand, containing a list of the persons notified. Given under my hand this .... day of , 19 . . . Justice of the Peace. justices' courts in new YORK. 845 No. 254. Kecord of ConTiction. (Id., §§ 721, 722.) County of , Town of , as.: COURT OF SPECIAL SESSIONS. ] The People of the State of New York against -J The above-named , having been brought before , justice of the peace of the town , of , charged with and , and the above-named having thereupon pleaded guilty, and a jury, and having been thereupon duly tried, and upon such trial duly convicted: I Jiave adjudged that . . h. . be imprisoned in the of the county of , days, and pay a fine of dollars, and be im- prisoned until it be paid, not exceeding days. Dated, at the of , the day of , 19 . . . Justice of the Peace of the » . . . of No. 255. Certificate of Conviction and Commitment. (Id., §§ 62, 718, 721, 722, 725.) COURT OF SPECIAL SESSIONS. COUNTY OF of 1 ;■'["•■■ I The People of the State of New York against 19." The above-named, , having been brought before , justice of Special Sessions, and a justice of the peace of the of , 846 clerk's assistant. in said county, charged with , and having thereupon pleade4 guilty, and demand. . a jury, and having been there- upon duly tried, and upon such trial duly convicted: It is adjudged that said Dated, at the , of , this day of 19 . . . Justice of the Peace of the of No. 256. Certificate to Add to Copy to be Delivered to Officer, as Mittimus. (Id., § 725.) COUNTY OF ,1 of , h*-' I certify that I have compared the foregoing with the original certificate made and signed by me as a Coui't of Special Sessions, and that the same is a correct copy thereof and transcript therefrom, and of the whole thereof. Witness my hand this day of , 19 . . . Justice of the Peace, of the , of , in said County, No. 25T. Certificate of Conviction and Commitment to Albany County Feai- tentiary. (Id., §§ 61, 718, 721, 722, 725.) COURT OF SPECIAL SESSIONS. COUNTY OF [■'\ss.: of 1 The People of the State of New York against , 19-- The above-named , having been brought before , justice of Special Sessions, and a justice of the peace of the , of , in said county, charged with , and the above-named , and having thereupon pleaded guilty, and demand . . a jury, and having been thereupon duly tried, and upon such trial duly convicted: It is adjudged that said be imprisoned in the Albany County LANDLORD AND TENANT. 847 Penitentiary at hard labor for months, and pay a fine of dollars, and be imprisoned until It be paid, not exceeding days. Dated, at the of , this day of , 19. . . Justice of the Peace of the of No. 258. Certificate to Add to Copy to be Delivered to Officer, as ICittimus. (Id., § 725.) COUNTY OF .of ••' [...: I certify that I have compared the foregoing with the original certificate made and signed by me as a Court of Special Sessions, and that the same is a correct copy thereof and transcript therefrom, and of the whole thereof. Witness my hand this day of , 19 . . . i Justice of the Peace of the of , in said County. CHAPTEE XXXIX. LANDLORD AND TENANT. The relation of landlord and tenant exists whenever there is a contract for the use, possession, and profit of lands and tenements, or real estate on the one side, and an agreement to pay for such use, possession, or profit on the other. The landlord is the person who rents or leases the real estate. He is bound to perform certain duties, and on the performance of such duties or obligations he is entitled to certain rights. His obligations are to secure to the tenant the quiet enjoyment of the premises leased; but in this he is not bound to protect the tenant against a person who has no title; and to perform all the express covenants into which he has entered in making his lease, as for instance, to repair the premises, but unless he bind himself by express agree- ment the tenant cannot compel him to repair. His rights are, to receive the rent agreed upon; to enforce all the covenants in the lease which the tenant has agreed to perform; to require the tenant so to use the premises as not to injure the inheritance, as by preventing waste and the like, and to have posses- sion of the premises when the lease has expired. The tenant is the person in possession or occupancy of the real estate. His obligations are, so to use the property as not to injure the inheritance ; to pay the rent or compensation as it shall become due ; to perform all the agreements or covenants entered into by him. He is entitled to sole possession of the property to the exclusion of the landlord, except that the landlord may enter to see that no waste is committed, and he may compel the landlord to perform all the agreements entered into on his part. The instrument or contract showing the terms of the renting or hiring is thp lease. The lease may be for life, for years, or at will or sufferance. When it is for life, it may be for the life of the lessor or lessee, or for the life of a 848 cleek's assistant. third party. When it is for years, the term is expressed in the lease, except that in the city of New York if no limitation is expressed in the instrument, it is to be construed as expiring on the first al May next succeeding the execution. Leases for agricultural lands are restricted by the Constitution of New York to twelve years. Leases, at will or sufferance, may be for the will of the lessor or lessees, and are terminated by a notice of surrender, or a notice to quit. When the term of the lease has expired, the landlord is entitled to immediate possession. So, too, he is entitled to possession whenever the tenant has for- feited his term, as by neglecting to pay the rent when it becomes due, or by keeping a bawdy-house, and often conditions are inserted in the lease, the performing or not performing of which will forfeit the term. The lease should be in writing, and if for life, should be under seal and executed in the presence of a witness, or acknowledged; but a verbal lease for one year or less, is valid and binding. Leases for three or more years must be recorded in the county where the premises are situated, or they will be void as against purchasers in good faith, and for a valuable consideration, except that in the counties of Albany, Ulster, Sullivan, Herkimer, Dutchess, Columbia, Delaware, and Schenectady, leases for life or years need not be recorded. A tenant may sublet to another person, unless he is restrained by the con- ditions of his lease. If he leases the whole property for the full term, it will amount to an assignment, and when the original landlord receives rent from the under tenant, as though he were his immediate tenant, the first tenant is discharged from his obligation to the landlord, and the new tenant is con- sidered as holding the property on the same terms and conditions as the first tenant. This species of transfer is called an attornment. Taxes and all public charges are to be paid by the landlord, where the lease is silent on the subject, and if the tenant is compelled to pay them to protect himself against the tax gatherer he may deduct the amount from the rent. (§ 224 of R. P. L.) See §§ 2231, 2232, 2233, 2234, 223.5, 2238, 2240, 2244, 2245, 2251, 2253 of Civil Code. FORMS IN THIS CHAPTER. No. Page. Landlord's agreement 1 849 Tenant's agreement 2 849 Surety 3 850 Lease — Sliort form 4 Soft Landlord and tenant's agreement 5 851 Lease 6 852 Lease — Chattel mortgage clause 7 853 Tenant's agreement not to underlet 8 854 Tenant's agreement not to use premises for extra-hazardous purposes.. 9 854 Tenant's agreement, pledging his property on the premises as security, 10 854 Lease of house 11 854 Lease of furnished house or apartment 12 856 Lease of flat 13 858 Farm lease 14 860 Agreement for furnished room 15 861 Assignment of a lease 16 862 Under lease 17 862 Ground lease covenants to build, etc 18 863 The same — Renewal 19 867 Lease of railroad rolling stoct 20 867 Lease of railroad 21 872 :Maryland lease 22 881 Virginia lease 23 881 West Virginia lease 24 882 LANDLORD AND TENANT. 849 No. Page. Surrender of a lease by Indorsement 25 .S.S2 Affidavit by landlord that premises are deserted by tenant 26 882 Notice to be affixed to premises 27 883 Entry In justice's docket 28 88.3 Appeal bond 29 883 Notice of appeal to Justice 30 884 Notice to tenant to pay rent 31 884 Notice to terminate tenancy at will 32 883 Petition to remove tenant for nonpayment of rent after demand 33 886 Petition to remove tenant for nonpayment of rent after notice' 34 888 Petition to remove tenant holding over 35 889 Petition to remove tenant at will 36 890 Precept to remove tenant for nonpayment of rent after demand 37 891 Indorsement 38 892 Precept to remove tenant for nonpayment of rent after notice 39 892 Precept to remove tenant holding over 40 893 Precept to remove tenant at will 41 894 Affidavit personal service on tenant 42 895 Same — Fixing on property 43 893 Same — Leaving at dwelling-house 44 896 Answer of tenant 45 897 Precept to summon jury when tenant makes defense 46 898 Subpoena 47 898 Warrant to remove tenant for nonpayment after demand — Default 48 899 Return on warrant 49 900 Warrant to remove tenant for nonpayment after demand — Trial 50 900 Same, after notice — Default 51 901 Same — Trial 52 902 Same, holding over — Default 53 903 Same — Trial 54 904 Same, tenant at will — Default 55 905 Same — Trial 56 906 Notice by tenant of his intention to quit premises held as a tenant at will or by sufferance 57 907 Traverse or answer in forcible entry or detainer 58 908 Juror's oath upon the traverse 59 908 No. 1. Landlord's Agreement. This is to certify, that have, this day of , 19 ... , let and rented unto , with the 9,ppjirtenances, and the so)^ and uninterrupted use and occupation thereof, for the term of , to commence the day of , at the rent of ■dollars, payable No. 2. Tenant's Agreement. This is to certify, that have hired and taken from , for the term of , to commence the day of , at the rent of dollars, payable And do hereby promise to make punctual payment of the rent, in the manner afore- 54 850 cleek's assistant. said, and quit and surrender the premises at the expiration of the said term, in as good state and condition as reasonable use and wear thereof will permit, damages by the elements excepted. * And also promise not to let the aforesaid premises, or any part thereof, to any person or persons whatever, without obtaining the written permission of the said lessor. And in case of not complying with any of the covenants contained herein, the lessor, in his option, shall have the power and the right of terminating and ending this lease immediately, and agree to forfeit to the said lessor the sum of as and for liquidated damages. In case said premises shall be destroyed by fire, before or during said term, then this lease to cease and determine ; the rent to be paid up to that time. Given under hand . . and seal . . the day of , 19 . . . Witness. No. 3. Surety. In consideration of the letting of the premises above described, and of the sum of $1, hereby become surety for the punctual payment of the rent, and performance of the covenants in the above-written agreement mentioned, to be made and performed by if any default shall be made therein, do hereby promise and agree to pay unto such sum or sums of money as will be sufficient to make up such deficiency, and fully satisfy the conditions of the said agreement, without requiring any notice of nonpayment or proofs of demand being made. Given under hand . . and seal . . the day of , 19 . . . No. 4. Lease — Short Form. This agreement, made the day of , in the year 19. .., be- tween , of the first part, and , of the second part, wit- nesseth : That the said part . . of the first part ha . . agreed to let, and hereby do. . let to the said part. . of the second part, and the said part. . of the second part ha . . agreed to take, and hereby do . . take from the said part . . of the first part, , for the term of to commence on the day of , 19 . . . , and to end on the day of , 19 . . . And the said part . . of the second part hereby covenant . . and agree . . to pay unto the said part . . of the first part, the rent, or sum of , payable And to quit and surrender the premises, at the expira- tion of the said term, in as good state and condition as they were in at the com- mencement of the term, reasonable use and wear thereof, and damages by the elements excepted. LANDLOED AND TENANT. 851 And the said part. . of the second part further covenant. . that •will not assign this lease, nor let or underlet the whole or any part of the said premises, nor make any alteration therein without the written consent of the said part. . of the iirst part, under the penalty of forfeiture and damages; and that will not occupy or use the said premises, nor permit the same to be occupied or used for any business deemed extra-hazardous on account of fire or otherwise, without the like consent under the like penalty. And the said part. . of the second part further covenant. . that will permit the said part. . of the first part, or agent, to show the premises to persons wishing to hire or purchase, and on and after the first day of February, next preceding the expiration of the term, will permit the usual notice of "to let," or " for sale," to be placed upon the walls or doors of said premises, and remain thereon without hindrance or molestation. And also, that if the said premises, or any part thereof, shall become vacant during the said term, the said part. . of the first part, or representative, may re-enter the same, either by force or othei-wise, without being liable to any prosecution therefor ; and relet the said premises as the agent of the said part . . of the second part, and receive the rent thereof, applying the same first to the pay- ment of such expenses as may be put to in re-entering, and then to the payment of the rent due by these presents ; and the balance ( if any ) to be paid over to the said part . . of the second part, who shall remain liable for any deficiency And the said part. . of the second part hereby fur- ther covenant. . that if any default be made in the payment of the said rent, or any part thereof, at the times above specified, or if default be made in the performance of any of the covenants or agreements herein contained, the said hiring, and the relation of landlord and tenant, at the option of the said part . . of the first part, shall wholly cease and determine ; and the said part . . of the first part shall and may re-enter the said premises and remove all persons therefrom ; and the said part . . of the second part hereby expressly waive . . the service of any notice in writing of intention to re-enter, as provided for by any law or statute. 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 the presence of No. 5. Landlord and Tenant's Agreement. This instrument, made and executed this day of , 19. . ., between , of the , part . . of the first part, and , of the , part . . of the second part, witnesseth : That the part. . of the first part ha. . hereby let and rented to the part. . of the second part, and the part. . of the second part ha. . hereby hired and taken from the part . . of the first part, for the term of 852 clekk's assistant. years, to commence the day of , 19 ... , at the yearly rent of dollars, payable And the part. . of the second part hereby covenant. . to and with the part. . of the first part to make punctual payment of the rent in the manner aforesaid, and quit and surrender the premises at the expiration of said term, in as good state and condition as they are now in, reasonable use and wear thereof, and damages by the elements excepted, and further covenant . . that . . he . . the pait. . of the second part will not use or occupy said premises for any business or purpose deemed extra-hazardous on account of fire. And further covenant . . that . . he . . , the part . . of the second part, will not assign this lease or underlet the said premises, or any part thereof, to any per- son or persons whomsoever, without first obtaining the written consent of said part . . of the first part, and in case of not complying with this covenant, the part . . of the second part agree . . to forfeit and pay to the part . . of the first part the sum of dollars, as and for liquidated damages which are hereby liquidated and fixed as damages and not as a penalty. This lease is made and accepted on this express condition, that in case the part. . of the second part should assign this lease or underlet the said prem- ises, or any part thereof, without the written consent of the part. . of the first part, that then the part. . of the first part, his heirs or assigns, in his option, shall have the power and the right of terminating and ending this lease imme- diately, and be entitled to the immediate possession of said premises, and to take summary proceedings against the part. . of the second part, or any person or persons in possession as tenant, having had due and legal notice to quit and surrender the premises, holding over their term. It is further agreed between the parties, that in case said premises should be destroyed by fire before or during said term, that then this lease is to cease and determine; the rent to be paid up to that time. In witness whereof, the parties have hereunto set their hands and seals the day and year first above written. In presence of No. 6. Lease. This indenture, made the day of , 19 ... , between , of the first part, and , of the second part, witnesseth": That the said part. . of the first part ha. . letten, and by these presents do. . gra,nt, demise, and to farm let unto the said part. . of the second part with the appurtenances, for the term of from the day of , 19 ... , at the yearly rent or sum of to be paid in equal yearly payments. And it is agreed that if any rent shall be due and unpaid, or if default shall be made in any of the covenants herein contained, then it shall be lawful for LANDLORD AND TENANT. 853 the said part. . of the first part to re-enter the said premises and remove all persons therefrom. And the said part., of the second part do covenant to pay the said part. . of the first part the said yearly- rent as herein specified And that at the expiration of the said term, the said part. . of the second part will quit and surrender the premises hereby demised, in as good state and condition as reasonable use and wear thereof will permit, damages by the elements excepted And the said part., of the first part do., covenant that the said part., of the second part, on paying the said yearly rent, and performing the covenants aforesaid, shall and may peaceably and quietly have, hold, and enjoy the said demised premises for the term aforesaid. STATE OF NEW YORK, ) County of , ) On this day of , in the year 19. . ., before me, the sub- scriber, personally came , to me known to be the person . . described in, and who executed the within instrument, and acknowledged that . . he . . executed the same. No. 7. Lease — Chattel Mortgage Clause. A lease, made and executed between , of the first part, and , of the second part, the day of , in the year of our Lord 19. . . In consideration of the rents and covenants hereinafter expressed, the said part . . of the first part ha . . demised and leased, and do . . hereby demise and lease to the said part. . of the second part the following premises, viz.: with the privileges and appurtenances, for and during the term of from the , which term will end And the said part . . of the second part covenant . . that . . he . . will pay to the part. . of the first part, for the use of said premises, rent of dollars, to be paid And it is hereby agreed, that the said part . . of the first part shall have a lien as security for the rent aforesaid upon the following goods and chattels, to wit: , and also upon all the goods, wares, chattels, implements, fixtures, tools, and other personal property which are or may be put on the said demised premises, and such lien may be enforced on the nonpayment of any the rent aforesaid by the taking and sale of such property in the same manner as in cases of chattel mortgage on default thereof; said sale to be made on six days' notice, posted upon the demised premises, and served upon the part. . of the second part, or left at place of residence. And provided said part. . of the second part shall fail to pay said rent, or any part thereof, when it becomes due, it is agreed that said part. . of the first part may sue for the same, or re-enter said premises, or resort to any legal remedy. The part. . of the part agree . . to pay all taxes to be assessed on said premises during said term. 854 cleek's assistant. The part. . of the second part covenant. . that at the expiration of said term, - . he . . will surrender up said premises to the part . . of the first part, in as good condition as now, necessary wear and damage by the elements excepted. Witness, the hands and seals of the said parties the day and year first aboye written. , No. 8. Tenant's Agreement not to Underlet. ( Same as No. 2, except that after * insert the following : ) And I also promise and agree not to underlet the aforesaid premises, or any part thereof, to any person or persons whatsoever, without obtaining the written permission of the lessor or his assigns. No. 9. Tenant's Agreement not to TJse Premises for Extra-Hazardous Purposes. ( Same as No. 2, except that after the * insert the following : ) And I also promise, covenant, and agree, to and with the said A. B., that I will not use, or suffer to be used, the aforesaid premises in any business deemed extra-hazardous on account of fire, without the written consent of the said A. B., or his assigns. No. 10. Tenant's Agreement, Pledging His Property on the Premises as Security. (Same as No. 2, except that after * insert the following:) And I do hereby pledge and mortgage to the said A. B. all my personal property of what kind soever there is or may be on the premises aforesaid, for the faithful performance of the covenants herein, hereby authorizing the said A. B., in case of a failure on my part to perform all or any of said covenants, to take said property so pledged, and sell the same, and out of the proceeds of such sale to pay and discharge all rent and expenses which may at such time be due, and to pay over to me or my assigns the surplus moneys arising from such sale. No. 11. Lease of a House. This indenture, made this day of , 19 ... , between A. B., of the one part, and C. D., of the other part, witnesseth: That the said A. B., for and in consideration of the rent, covenants, and agreements hereafter in and by these presents mentioned, reserved, and eon- LANDLORD AND TENANT. 855 ■tained on the part and behalf of the said C. D., his executors, administrators, and assigns, to be paid, observed, done, and performed, hath granted, demised, leased, and to farm let, and by these presents doth grant, lease, and to farm let unto the said C. D., his executors, administrators, and assigns, all that brick house, messuage, or tenement, with all and singular its appurtenances, situate, standing, and being in a certain street or place, called, etc., together with all and singular its appurtenances whatsoever, to the said brick house, messuage, or tenement, and premises belonging, or in any wise appertaining, and there- with heretofore held, used, ooeupied, and enjoyed by F. G., late occupier thereof. To have and to hold the said brick house, messuage, or tenement, and all and singular other the premises thereinbefore granted and demised, or men- tioned, or intended to be, with the appurtenances, unto the said C. D., his executors, administrators, and assigns, from the first day of August next en- suing, the day of 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 complete and ended; yielding and paying therefor yearly, and every year, during the said term, unto the said A. B., his heirs or assigns, the yearly rent of $400 on the day of , 19 ... , in every year ; the first payment thereof to begin, and to be made, etc., next ensuing the date of these presents. Provided, always, nevertheless, and it is the true intent and meaning of these presents, and of the said parties hereunto, that if it shall happen that the said yearly rent of hereby reserved, or any part thereof, be behind and unpaid by the space of next over or after any of the said days, whereon the same ought to be paid as aforesaid, that then, and from thence- forth, it shall, and may be lawful to and for the said A. B., his, etc., into and upon the said demised premises, and every, or any part or parcel thereof, with their appurtenances, in the name of the whole to re-enter, and the same to have again, repossess, and enjoy, as in his or their first or former estate or estates ; and him, the said C. D., his executors, administrators, and assigns, and all and every other, the occupier or occupiers of the said demised premises, from thence utterly to expel, remove, and put out; anything in these presents contained to the contrary thereof, in any wise notwithstanding. And the said C. D., for himself, his executors, administrators, and assigns, doth covenant and grant to and with the said A. B., his heirs and assigns, by these presents, in manner following, that is to say; that he, the said C. D., his executors, administrators, and assigns, shall and will well and truly pay or cause to be paid unto the said A. B., his heirs or assigns, the said yearly rent above reserved, according to the true intent and meaning of these presents, clear of, and over and above all taxes and reprises whatsoever. And that the said C. D., his executors administrators, and assigns, shall, and will from time to time, and at all times hereafter, during the said term herein- before granted, at his and their own proper costs and charges, well and sufB- •ciently keep in repair the said demised premises, with their, and every of their Appurtenances, and also the glass, windows, pavements, privies, sinks, and 856 cleek's assistant. gutters belonging to the same, in, by, and with all manner of needful and neces- sary reparations and amendments whatsoever, when, and as often as the same shall require (damages by fire only excepted), and the same premises with all and singular their appurtenances, being in and by all things so well and suf- ficiently repaired and kept (except as before excepted), at the end, expiration, or other sooner determination of the said term hereby granted, shall, and will quietly and peaceably leave and surrender, and yield up unto the said A. B., his, etc., in good and sufficient repair and condition (reasonable use and wear- ing thereof, and damage by fire as aforesaid, only excepted) ; that he, the said C. D., his executors, administrators, and assigns, shall, and will from time to time and at all times hereafter, during the said term hereby granted, pay and discharge all taxes, charges, and impositions which shall be taxed, charged, imposed, or assessed upon the said messuage, or tenement, or premises, or any part thereof. In witness whereof, the said parties have hereunto set their hands and seAls, the day and year first above written. A. B. (l. s.) C. D. (L. s.) No. 12. liease of Furnished House or Apartment. This indenture, made the day of , one thousand nine hun- dred and , between A. B., of , party of the first part, and C. D., of , party of the second part, witnesseth : That the said part. . of the first part ha. . letten, and by these presents do. . grant, demise, and to farm let, unto the said part . . of the second part ( describe premises), with the appurtenances, together with the furniture in the said , a list, or schedule, or inventory of which is in possession of each party, and to which reference is hereby made, the said schedule, or inven- tory, having been examined by said parties, approved and signed by them, for the term of , from the day of , one thousand nine hundred and , at the rent, or sum of , to be paid in equal monthly (quarterly) payments, in advance, And it is agreed that if any rent shall be due and unpaid, or if default shall be made in any of the covenants herein contained, then it shall be lawful for the said part. . of the first part to re-enter the said premises, and to remove all persons therefrom. And the said part. . of the second part hereby covenant. . to pay to the said part. . of the first part, the said yearly rent, as herein specified. And, also, to pay the regular annual rent or charge, which is or may be assessed or imposed according to law, upon the said premises, for the Cioton water, on or before the first day of August in each year during the term ; and if not so paid, the same shall be added to the rent then due. And the said part . . of the second part further covenant . . that will not assign this lease, nor let or underlet the whole or any part of the said premises, nor make any alteration therein, without the written consent of the said part. . of the first part, under the penalty of forfeiture and damages. LANDLORD AND TENANT. 85T and that will not occupy or use the said premises, nor permit the same to be occupied or used for any business deemed extra-hazardous on ac- count of Are or otherwise, without the like consent under the like penalty. And the said part. . of the second part further covenant. . that will permit the said part. . of the first part, or agent, to show the premises to persons wishing to hire or purchase, and on and after the first day of February next preceding the expiration of the term, will permit the usual notice of " to let," or " for sale " to be placed upon the walls or doors of said premises, and remain thereon without hindrance or molestation. And it is further agreed between the parties to these presents, that in case the building or buildings erected on the premises hereby leased shall be par- tially damaged by fire, the same shall be repaired as speedily as possible, at the expense of the said part . . of the first part ; that in case the damage shall be so extensive as to render the building untenantable, the rent shall cease until such time as the building shall be put in complete repair ; but in case of the total destruction of the premises, by fire, or otherwise, the rent shall be- paid up to the time of such destruction, and then and from thenceforth this lease shall cease and come to an end; provided, however, that such damage or destruction be not caused by the carelessness, negligence, or improper conduct of the part . . of the second part, agents or servants. And at th& expiration of the said term, the said part. . of the second part will quit and surrender the premises hereby demised, in as good state and condition as rea- sonable use and wear thereof will permit, damages by the elements excepted.. .4nd the part . . of the second part further expressly covenant . . and agree . . to keep the said furniture enumerated in said schedule or inventory, and which is contained in the said in good order, and repair at own proper cost and expense, and also to pay for, replace, or make good any and all damages, breakage, or loss to said furniture (excepting loss or damage by fire to said furniture), and to surrender and deliver up said furniture at the expiration of said term, the ordinary reasonable use and wear of such furniture excepted. And the said part . . of the first part do . . covenant that the said part . . of the second part, on paying the said yearly rent, and performing the covenants aforesaid, shall and may peaceably and quietly have, hold, and enjoy the said demised premises for the term aforesaid. And it is further understood and agreed, that the covenants and agreements, contained in the within lease, are binding on the parties hereto and their legal representatives. 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 the presence of GUABANTEE InDOBSED ON LEASE. In consideration of the letting of the premises within mentioned to the- within-named , and the sum of $1 to me paid by the said part. . of the second part, do . . hereby covenant and agree, to and with the 858 clerk's assistant. part . . of the first part above-named, and , legal representatives, that if default shall at any time be made by the said , in the pay- ment of the rent and performance of the covenants contained in the within lease on part to be paid and performed, that will well and truly pay the said rent, or any arrears thereof, that may remain due unto the said part . . of the first part, and also all damages that may arise in con- sequence of the nonperformance of said covenants, or either of them, without requiring notice of any such default from the said part. . of the first part. Witness, hand . . and seal . . , this day of , in the year 19 . . . ( Witness. ) No. 13. Iiease of Flat. This agreement, made the day of , in the year one thousand nine hundred , between , part . . of the first part, as landlord, and , part , . of the second part, as tenant . . , witneaseth : That the said part., of the first part ha., agreed to let, and hereby do., let, to the said part. . of the second part, as tenant. ., and the said part. . of the second part, as tenant . . , ha . . agreed to take, and hereby do . . take from the said part . . of the first part, the flat, or floor, on the of the house known and designated as , in the city of New York, for the term of , to commence , 19 ... , and to end , 19. . ., to be occupied as a strictly private dwelling apartment by family, consisting of , and not otherwise. And the said part. . of the second part hereby covenants and agrees to pay unto the said part. . of the first part, the rent or sum of dollars, payable in equal payments of $ each , on the day of This lease is granted upon the express condition, however, that in case said landlord, agents or assigns, deems objectionable or improper eon- duct on the part of the said tenant. . or occupants, said landlord, agents or assigns, shall have full license and authority to re-enter and have full possession of said premises, either with or without legal process, on giving five days' previous notice of intention so to do, and tendering repayment of the rent paid on account of the unexpired term demised, and upon the expira- tion of said notice and tender of payment made as aforesaid, said landlord, agents or assigns, shall be entitled to the immediate possession thereof; and in consideration of the above letting , tiie part. . of the second part consents that the said landlord, agents or assigns, shall not be liable to prosecution or damages for so resuming possession of said premises. The said premises are also leased upon the further covenants and conditions: 1st. That the tenant shall take good care of the apartment. . and its fix- tures, and suff'er no waste or injury; shall not drive picture or other nails into the walls or woodwork of said premises, nor allow the same to be i<>he; LANDLORD AND TENANT. 859 and shall at own cost and expense make and do all repairs required to walls, ceilings, paper, plumbing works, ranges, pipes, and fixtures belong- ing thereto, whenever damage or injury to the same shall have resulted from misuse or neglect ; and shall repair and make good any damage occurring to the building or any tenant thereof, by reason of any neglect, carelessness, or injury to the dumb-waiters, gas, or Croton water pipes, meters, or faucets, and con- nections by the tenant . . , self, or any of family or house- hold, or upon the premises leased to said tenant. ., and not call on the pan. . of the first part for any disbursement whatsoever; and at the end or other expiration of the term, shall deliver up the demised premises in good order and condition, damage by the elements excepted; and the said part. . of the first part ^hall not be liable for any damage by leakage of Croton water, or for any cause in any event. 2d. That the tenant. . shall not expose any sign, advertisement, illumina- tion, or projection out of the windows or exterior, or from the said build- ing, or upon it in any place, except such as shall be approved and permitted in writing by the owner or authorized agent. ., and the said ten- ant. . shall use only such shades in the front windows of said apartment as are put up or approved by owner. 3d. That the tenant. . shall not assign this agreement or underlet the prem- ises, or any part thereof, or make any alterations in the apartments or prem- ises, without the landlord's or agent's consent in writing; or permit or suffer upon the same, any act or thing deemed extra-hazardous on account of fire; and shall comply with all the rules and regulations of the board of health and city ordinances applicable to said premises ; and that will not use nor permit to be used the said premises nor any part thereof for any pur- pose other than that of a private dwelling apartment for and family only. 4th. That the tenant., shall, in case of fire, give immediate notice thereof to the landlord, who shall thereupon cause the damage to be repaired as soon as reasonably and conveniently may be, but if the premises be so damaged that the landlord shall decide to rebuild, the term shall cease, and the accrued rent be paid up to the time of the fire. .5th. That the tenant. . shall consult and conform to the regulations gov- erning said house, and to any reasonable alteration or regulation that may he deemed necessary for the protection of the building, and the general com- fort and welfare of the occupants of the same. 6th. That in case of default in any of the covenants, the landlord may re- sume possession of the premises, and relet the same for the remainder of the term, at the best rent that can obtain for account of the tenant . . , who shall make good any deficiency, and any notice in writing, of intention to le-enter, as provided for in the third section of an act entitled "An Act to abolish distress for rent, and for other purposes," passed May 13, 1846, is expressly waived; and it is further expressly agreed, that should the landlord institute dispossess proceedings against the tenant for the nonpayment of rent, or for any other reason, such proceedings shall not prejudice the right of the 860 landlord to hold the tenant liable for the rent reserved herein for the full term of this lease, nor the right of the landlord to rent the premises as the agent of the tenant for any unexpired term, after the premises become vacant, from any cause whatsoever, including possession taken by the landlord under a war- rant in dispossess proceedings. 7th. That three months prior to the expiration of the term hereby granted, applicants shall be admitted at reasonable hours of the day to view the prem- ises until rented ; and the landlord or agents, shall also be per- mitted at any time during the term, to visit and examine them at any reason- able hour of the day, and whenever necessary for any repairs to same or any part of the building. 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 the presence of It is hereby expressly understood and agreed, that the character of the oc- cupancy of said demised premises, as above expressed, is an especial consid- eration and inducement for the granting of this lease by said landlord to said tenant. ., and in the event of a violation by said tenant. . of the restriction against subletting the premises, or permitting same to be occupied by parties other than as aforesaid, or of a violation of any other restriction or condition therein imposed, said lease and agreement shall, at the option of said land- lord, agents or assigns, cease and determine and be at an end, anything hereinbefore contained to the contrary hereof in anywise notwith- standing. In witness whereof, have hereunto set hand . . and seal . . , this day of , 19 . . . In presence of No. 14. Farm. Lease. This indenture, made the day of , in the year of our Lord, 19. . ., between A. B., of the city of Albany, party of the first part, and C. D., of the same place, party of the second part, witnesseth: That the said party of the first part, in consideration of the rents, covenants, and agreements hereinafter mentioned, reserved, and contained on the part of the said party of the second part, his executors, administrators, and assigns, to be paid, kept, and performed, has demised and to farm let, unto the said party of the second part, his executors, administrators, and assigns, all (in- sert description), with the appurtenances, unto the said party of the second part, his executors, administrators, and assigns, from the 1st day of April, 1898, for the term of ten years then next ensuing, yielding and paying there- LANDLORD AND TENANT. 861 ioT, unto the said party of the first part, his heirs or assigns, yearly and every year during the said term hereby granted, the yearly rent or sum of $800, in equal half-yearly payments, to-wit: on the 1st days of October and April in each and every year; provided, that if the yearly rent above reserved, or any part thereof, shall be unpaid on any day of payment whereon the same ought to be paid as aforesaid; or if default shall be made in any of the cove- nants or agreements herein contained, on the part of the said party of the second part, then and from thenceforth it shall be lawful for the said party of the first part, his heirs or assigns, to re-enter upon said demised premises, and the same to have again, as in their first and former estate. And the said party of the second part does covenant and agree, with the said party of the first part, his heirs and assigns, that he, the said party of the second part, his executors, administrators, or assigns, will yearly and every year during the said term, unto the said party of the first part, his heirs or assigns, the yearly rent above reserved, on the days and in manner limited and prescribed as aforesaid, for the payment thereof, without any deduction or delay. And that the said party of the second part, his executors, adminis- trators, or assigns, will, at his own proper costs and charges, bear, pay, and discharge all taxes, duties, and assessments, as may, during the said term hereby granted, be charged, assessed, or imposed upon the said demised prem- ises. And that on the determination of the estate hereby granted, the said party of the second part, his executors, administrators, or assigns, shall and will leave and surrender unto the said party of the first part, his heirs or as- signs, the said demised premises in as good state and condition as they are now in, ordinary wear and damages by the elements excepted. And the said party of the first part does covenant and agree, with the said party of the second part, his executors, administrators, and assigns, that the said party of the second part, his executors, administrators, and assigns, pay- ing the said yearly rent above reserved, and performing the covenants and agreements aforesaid on his part, the said party of the second part, his ex- ecutors, administrators, and assigns, shall and may at all times during the said term hereby granted, peaceably have, hold, and enjoy the said demised premises, without any manner of trouble or hindrance of or from the said party of the first part, his heirs or assigns, or any other person or persons whomsoever. In witness whereof, the parties to these presents have hereunto set their hands and seals. A. B. (L. s.) Sealed and delivered in the presence of C. D. (l. s.) No. 15. Agreement for Furnished Boom. Memorandum. It is agreed by and between E. F. and G. H., as follows, viz. ; The said E. F., in consideration of the rent hereinafter mentioned and agreed 862 clbek's assistant. to be paid to him, hath letten to the said G. H. one room, up two flight of stairs forwards, part of the now dwelling-house of the said B. F., situate on Third street, in the city of Troy, together with the furniture at present stajiding therein, that is to say: (Insert furniture.) To hold to the said G. H. for the term of two years, to commence from 19 ... , at the yearly rent of $100, to be paid quarterly to the said E. F. The said G. H., in consideration hereof, agrees to pay the aforesaid yearly rent of $100, at the times above limited for payment thereof; and at the end of the term, or in case of any default in the payment, shall and will, on request of the said E. F., or his assigns, immediately yield and deliver 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 sufficient plight and condition, reasonable wear and tear only ex- cepted. In witness whereof, the parties have signed this agreement, this day of ,19... E. F. G. H. No. 16. An Assignment of a Lease Indorsed. Know all men by these presents, that I, A. B., in consideration of $50, to me in hand paid by C. D., the receipt whereof I do hereby acknowledge, have bar- gained, sold, assigned, and set over, and by these presents do bargain, sell, as- sign, and set over, unto the said C. D., his executors, administrators, and as- signs ( or, if a, durable lease, say his heirs and assigns ) , as well the within written indenture, as also all the term and interest in all and singular the lands, tenements, hereditaments, and premises within mentioned, yet remain- ing under and by virtue of the said indenture, and likewise all my estate, right, title, interest, claim, property, and demand of, in, or to the same lands, tene- ments, hereditaments, and premises, which I now have, either by means of the within indenture, or otherwise howsoever; subject, nevertheless, to the rents and covenants in the said indenture contained. In witness whereof, I have hereunto set my hand and seal this day of K ,19... A. B. (L. s.) No. 17. Under Lease. (Follow other forms, except that after describing the premises, say:) being- the same premises demised by M. N. to the party of the first part, by a lease bearing date the day of , 19. . . (and among the covenants, add): And the said (naming lessee), for himself, his heirs, executors, and administrators, hereby covenants with the said ( lessor ) , his executors, admin- LANDLORD AND TENANT. 863' iatrators, and assigns, that he and they will truly pay, or cause to be paid, the yearly rent, reserved by the gaid lease so granted by the said M. N., as afore- said, and observe and perform the covenants, conditions, and agreements therein contained, and will keep the said ( lessor ) , his executors, administrators, and assigns, indemnified against the payment of the said rent, and the performance of the same covenants, conditions, and agreements, except so far as such coxc- nants, conditions, and agreements are conformable to the covenants, conditions, and agreements hereinbefore contained on the part of, and which oua-ht to be observed and performed by the said lessor, his executors, administrators, and assigns. No. 18. Ground Lease, Twenty-one Tears, With Covenants to Build, and for Benewals. This indenture, made this day of , 19. . ., between A. B., of the city of , of the first part, and Y. Z., of the city of , of the second part, * witnesseth: That the said party of the first part, in consideration of the rents and covenants hereinafter reserved and contained, have granted, demised, and to farm let, and by these presents do grant, demise, and to farm let, unto the said party of the second part, all that certain lot of land, situate, lying, and being in the ward of the city of New York, being part of the lands of the said party of the first part, and distinguished (here insert description of the premises) : To have and to hold the said lot of land, unto the said party of the second part, his executors, administrators, and assigns, from the day of , 19. . ., for and during, and until the full end and term of years thence next ensuing, and fully to be complete and ended; yielding and paying for the same, yearly and every year during the said term, unto the said party of the first part, his successors or assigns {or, his, or their, e.xecutors, admin- istrators, or assigns ) , the sum of dollars, lawful money of the United States, in two equal half-yearly payments; that is to say, on the first day of May, and on the first day of November, in each and every vear during the term hereby granted ; the first payment to be made on the first day of now next ensuing ; Provided, always, that if it shall happen that the said yearly rent, or any part thereof, shall not be paid on any day on which the same ought to be paid as aforesaid, then and at all times thereafter, it shall and may be lawful to and for the said party of the first part, his successors or assigns, into the said demised premises, or any part thereof, in the name of the whole, to re-enter, and to repossess, have, and enjoy the same again as of his former estate and interest therein, anything herein contained to the contrary in any- wise notwithstanding. And the said party of the second part, for himself, his executors, administrators, and assigns, does hereby covenant and agree, to and with the said party of the first part, his successors and assigns, that the said party of the second part, his executors, administrators, and assigns, shall and S64 clerk's assistant. will, half-yearly, and every year during the term hereb'" granted, well and truly pay unto the said party of the first part, his successors or assigns, the said rent hereby reserved, at the days and times hereinbefore limited for the payment thereof, without fraud or delay: And, also, that the said party of the second part, his executors, administrators, or assigns, shall and will, at his and their own proper cost and charges, bear, pay, and discharge all such duties, taxes, assessments, and payments, extraordinary, as well as ordinary, as shall, ■during the term hereby granted, be imposed or grow due ana payable out of or for the said demised premises, or any part thereof, by virtue of any present or future law of the United States of America, or of the State of , or of the corporation of the city of , or otherwise. And also, that the said party of the second part, his executors, administrators, or assigns, or any of them, shall not, nor will, at any time or times hereafter during the term hereby granted, lease, let, or demise, all or any part of the said premises, nor assign, transfer, or make over the same, or this present lease, or any of his or their term or time therein, to any person or persons whomsoever, without the consent of the said party of the first part, his successors or assigns, in writing, Tinder his seal, for that purpose first had and obtained, anything hereinbefore contained to the contrary thereof, in anywise notwithstanding; and also, that the said party of the second part, his executors, administrators, or assigns, or any of them, shall not, nor will, at any time hereafter during the term hereby granted, erect, make, establish, or carry on, nor cause or suffer to be erected, made, established, or carried on, in any manner, on any part of the above-de- scribed and hereby demised premises, any stable, slaughter-house, tallow chand- lery, smith-shop, forge, furnace, or brass foundry, nail, or other iron factory, or any manufactory for the making of glass, starch, glue, varnish, vitriol, tur- pentine, or ink ; or for tanning, dressing, preparing, or keeping skins, hides, or leather; or any distillery, brewery, sugar bakery, or any other manufactory, trade, business, or calling whatsoever, which may be in anywise noxiojis or •offensive to the neighboring inhabitants; and lastly, that the said narty of the second part, his executors, administrators, or assigns, shall and will, on the last day of the term hereby granted, or other sooner determination thereof, well and truly surrender and deliver up the said hereby demised premises into the possession of the said parties of the first part, their successors or assigns, without fraud or delay. Provided, always, that it shall be lawful for the said party of the first part, his successors and assigns, when and as often as •default shall be made in the payment of the said rent, or any part thereof, to •distrain for the same, anything herein contained to the contrary notwithstand- ing. And, provided, further, and this present lease is upon this express con- ■dition, that if the said party of the second part, his successors or assigns, shall, at any time during the term hereby granted, erect, make, establish, or carry on, or cause or suffer to be erected, made, established, or carried on, in any manner, on any part of the above-described and hereby demised premises, any stable, slaughter-house, tallow chandlery, smith-shop, forge, furnace, or brass foundry, nail, or other iron factory, or any manufactory for the making ,pf glass, starch, glue, varnish, vitriol, turpentine, or ink; or for tanning, dress- LANDLORD AND TENANT. 865 ing, preparing, or keeping skins, hides, or leather ; or any distillery, brewery, sugar bakery, or any other manufactory, trade, business, or calling whatsoever, which may be in anywise noxious or offensive to the neighboting inhabitants; or shall fail in the performance of any or either of the covenants, conditions, or provisions in these presents contained which, on the part and behalf of the said party of the second part, his executors, administrators, and assigns, are, or ought to be observed, performed, fulfilled, and kept, then and from thenceforth, this present indenture, and the estate hereby granted, and every clause, article, and thing herein contained, on the part and behalf of the said party of the first part, to be performed, fulfilled, and kept, shall cease, determine, and be utterly void, to all intents and purposes whatsoever, anything herein contained to the contrary thereof in anywise notwithstanding. And the said party of the second part, for himself, his executors, administrators, and assigns, hereby further covenants and agrees, to and with the said party of the first part, his successors and assigns, that he, the said party of the second part, his execu- tors, administrators, or assigns, shall and will, within years from the commencement of the term hereby granted, erect and build, or cause to be erected and built, on the premises hereby demised, so as to cover the whole front thereof, a good and substantial dwelling-house, stories high, to be covered with slate or metal, and the front thereof to be finished in such style as may be approved of by the said party of the first part, his successors or assigns. And it is hereby mutually covenanted and agreed, by and between the parties to these presents, that if the said party of the second part, his executors, administrators, or assigns, shall and do, within years from the commencement of the term hereby granted, erect and build, or cause to be erected and built, on the premises hereby demised, such dwelling-house as is above described, then the said parties of the first part, their successors or assigns, shall and will, at the end and expiration of the term hereby demised, ^rant, and execute unto the said party of the second part, his executors, ad- ministrators, or assigns, at his or their expense, a renewal of this lease, for the further term of twenty-one years thence ensuing, at such annual rent as shall be agreed upon by the said parties, their executors, administrators, suc- cessors, or assigns, respectively, in half-yearly payments (but not less than the rent above reserved) ; and in the event of their not agreeing upon such rent, each party shall choose a disinterested person to ascertain the same, which per- sons so chosen shall themselves respectively be owners, in fee-simple, of one or more lots of land in the neighborhood of the one hereby demised, and shall, in making their award or determination in the said premises, under oath, ap- praise and value the said lot of land hereby demised, at its full and fair worth or price at private sale, considering the same as an incumbered vacant lot, and per cent, on the amount of their said appraisement or valuation shall be the annual rent of the said lot of land for such further term ; and in case the arbitrators should differ in the amount of their appraisement or valuation, as aforesaid, they shall then choose an umpire, qualified as aforesaid, whose de- cision, under oath, shall fix and determine the same, and per cent, on the amount of the appraisement or valuation so fixed and determined shall be 5.T 866 * oleek's assistant. the annual rent of the said lot of land for such further term. And it is further mutually covenanted and agreed, by and between the parties aforesaid, that at the expiration -of the term to be granted by such renewed release as afore- said, the said party of the first part, his successors or assigns, shall have the full liberty and choice either to grant a second renewal of this lease for the further term of years thence ensuing, at such annual rent, payable half-yearly (but not less than the rent of the preceding term), as shall be ascertained and determined in the manner aforesaid, or to pay unto the said party of the second part, his executors, administrators, or assigns, the value of the said house to be built and erected as aforesaid, which value shall be as- certained by three disinterested persons on oath, to be chosen as aforesaid. And it is further mutually covenanted and agreed, by and between the parties afore- said, that in case the said party of the first part, his successors or assigns, shall and do elect and choose to grant a second renewal of this lease as afore said, he, the said party of the first part, his successors or assigns, shall still have and retain the full liberty and choice at the expiration of the term to be granted by such second renewal, either to grant a third renewal of this lease for the further term of twenty-one years thence ensuing, at such annual rent, payable half-yearly (but not less than the rent of the last preceding term), as shall be ascertained and determined in the manner aforesaid, or to pay unto the said party of the second part, his executors, administrators, or as- signs, the value of the said house, which value shall be ascertained as afore- said; and in this manner, at the expiration of the term to be granted by the first renewal of this lease, and at the expiration of each and every term which may be thereafter granted by each and every subsequent renewal of this lease, the said party of the first part, his successors or assigns, shall still have and retain the full liberty and choice, either to grant a further renewal of this lease for the further term of twenty-one years, at such annual rent, payable half-yearly (but not less than the rent of the last preceding term), as shall be ascertained and determined in the manner aforesaid, or to pay unto the said party of the second part, his executors, administrators, or assigns, the value of the said house, which value shall be ascertained as aforesaid. And it is further mutually covenanted and agreed, by and between the parties afore- said, that in case the said party of the first part, his successors or assigns, shall refuse to grant a renewal of this lease as aforesaid, the said house shall be valued and paid for as aforesaid: Provided, always, that the party of the second part, his executors, administrators, or assigns, shall not be compelled to surrender the premises until such payment be made or tendered. And it is further mutually covenanted and agreed, by and between the parties afore- said, that in case the said party of the first part, his successors or assigns, shall, at the expiration of the term to be granted by the first renewal of this lease, or at the expiration of any term which may be granted thereafter, by any subsequent renewal thereof, elect and choose to pay unto the said party of the second part, his executors, administrators, or assigns, the value of the said house to be ascertained as aforesaid, and shall actually make such payment or tender the same, he, the said party of the second part, his executors, adminis- LANDLORD AND TENANT. o6T trators, or assigns, shall then deliver up the said house in the same order and condition in which it was at the time of its valuation as aforesaid, and also all and singular other the premises hereby demised, into the hands and possession of the said party of the first part, his successors or assigns, without fraud or delay. And lastly, it is mutually covenanted and agreed, by and between the parties aforesaid, that each renewed lease shall contain the like covenants, provisos, and conditions, as herein contained, except as regards the erection of any house or building on the said demised premises. In witness whereof, the parties hereto have caused their hands and seals to be hereto affixed, on the day and year first above written. No. 19. The Same — Renewal Lease. (As in Form 18, to ', thence continuing as follows: ) Whereas, the said party of the first part, by indenture dated the day of , 19..., did grant and demise unto , all that certain lot of land hereinafter described, for the term of twenty-one years, from the day of then next, subject to certain rents, covenants, and conditions therein reserved and expressed. And, among other things, it was thereby agreed, that in ease of the erection on the said lot of land of a building of such description as is therein specified, the said party of the first part should, at the expiration of the said term, grant a new lease of the said lot for the further term of twenty-one years, at an annual rent to be agreed upon or ascertained as is therein mentioned, and with such covenants, conditions, and provisos to be therein inserted as are hereinafter contained ; and, Whereas, a building has been erected on the said lot of land of the description mentioned in the said lease, according to the terms thereof, whereby the said party of the second part is entitled to a renewal of the said lease for such fur- ther term, at an annual rent hereinafter reserved, and now in the manner pre- scribed by the said lease, payable half-yearly, and subject to the covenants, conditions, and provisos hereinafter contained. Now, therefore, this agreement (proceeding as in preceding form from *.) No. 20. Lease of Bailroad Boiling Stock. Memorandum of agreement, made the day of , in the year , between the Company, a corporation duly organized and existing under the laws of the State of and hereinafter called the lessor, party of the first part, and , hereinafter called the lessee, party of the second part, witnesseth: That the said parties, for and in con- sideration of the sum of one dollar, and of other good, valuable, and sufficient 8G8 clekk's assistant. considerations to each by the other in hand paid, the receipt whereof is hereby severally acknowledged, and also in consideration of the mutual covenants herein contained, have covenanted and agreed, and do hereby covenant and agree vrith each other as follows: First. The said lessor agrees to let and furnish for the use of the lessee the hereinafter mentioned railroad equipment and rolling stock, which is described, lettered, and numbered as follows, to-wit: (Fully describe property) and to allow the lessee to retain and use the same for the purposes of its usual busi- ness for the period of time hereinafter specified, and free from interruption or interference except as hereinafter provided. Second. The lessor agrees to deliver the said equipment and rolling stock leased under this contract on or before the following dates, and at the follow- ing points: (Give full particulars.) And the lessee agrees to receive the same there promptly on arrival; and in ease of any delay, neglect, or refusal on the part of the lessee so to receive said equipment and rolling stock, all expenses and charges arising from such delay shall be payable by the said lessee, and, during such delay, the said equipment and rolling stock shall be deemed, for all the purposes of this eon- tract, to be in the possession and at the risk of the lessee. Third. The lessee agrees to pay rent for the use of the said equipment and rolling stock as follows : For the use of each locomotive, dollars per month. For the use of each passenger car, dollars per month. Fourth. The said rent upon each parcel of the said equipment and rolling stock leased under this contract shall commence from and including the day following its delivery by the lessor, at the points designated, and shall con- tinue during the existence of this contract, and so long thereafter as the same shall be detained from the lessor. Such rentals shall be due monthly, and shall be payable by the lessee, at the office of the lessor, in city, in United States currency, or in sight drafts on without deduction or delay, on the fifteenth day of each month, according to the rental account for the preceding month, as hereinafter provided; and for the purpose of estimat- ing the rent upon any fractional part of a month, each month shall be consid ered as having thirty days, and the daily rental as being equal to one-thirtieth part of the rental for one month. It is expressly understood and agreed, that the said equipment and rolling stock has been furnished for the operation, con- struction, and improvement of the road of the lessee, and that the rental is part of the construction and working expenses of such lessee, and that such rentals shall have the same preference of payment and lien as is or may be given by law against said lessee to claims for material supplied or labor fur- nished for the construction, improvement, or operation of its road. Fifth. Nothing herein contained shall affect the lessor's absolute ownership of and title to said equipment and rolling stock, such ownership and title be- ing hereby expressly reserved to and retained by the lessor, and the lessee agrees not to sublet or sublease the said equipment and rolling stock, or any part thereof, nor to permit the same, or any part thereof, to pass out of LANDLORD AND TENANT. 869 its possession, or from under its control, nor to be taken from off its rail- road, except in the ordinary and regular course of its legitimate transportation business over the lines of other companies. And the lessee agrees that it will not, in any manner, suffer or permit the said equipment and rolling stock, or any part thereof, to be pledged, seized, or held for any tax, debt, lii'n, or obligation whatsoever, nor to be in any manner incumbered by or in con- sequence of any such tax, debt, lien, or obligation, and that in case any State, county, or other tax shall be imposed or payable upon said equipment and rolling stock, or any part thereof, or upon the rental or earnings thereof, or any part thereof, during the continuance of this contract, or before the actual redelivery of the said equipment and rolling stock to the lessor, the lessee will promptly pay such tax, debt, or obligation, and relieve such rolling stock from the lien thereof, and incase of its failure so to do, the said lessor may pay such taxes, debts, or obligations, and all charges and expenses con- nected therewith or arising therefrom; and the amount so paid, with interest thereon from the time of such payment, shall forthwith be due and payable from the lessee to the lessor, and shall be collectible in the same manner as other moneys due hereunder. Sixth. The lessee further agrees, that it will cause, at its own cost and ex- pense, all the said equipment and rolling stock at all times to be maintained in good order and repair, making needed repairs promptly, so that there shall be no deterioration in value or condition of any such equipment and roll- ing stock other than that resulting from age, and that the said lessee will, at the expiration or other- determination of this lease or any extension thereof deliver said equipment and rolling stock in such good order and repair to said lessor, or its order; and if said equipment and rolling stock are not in such good order and repair, said lessee shall pay said lessor on demand such sum or sums of money as shall be necessary to make the necessary and proper repairs. The delivery aforesaid shall be made at , and the lessor shall have the right, without expense to it, to keep and store the said equipment and rollin^> stock upon any of the railways or premises of the lessee until a reasonable timi for their removal has elapsed thereafter. Seventh. The said lessor shall have the right from time to time to cause the said equipment and rolling stock to be inspected by any person to be appointed by it, and such person shall be furnished with the necessary authority to travel without charge over the railroads wherever said equipment and rolling stoclc may be, for the purpose of making such inspection. And the said lessor shal have a right to demand from time to time from the lessee, and the lessee shall furnish a written statement of the condition, location, and use of said equip- ment and rolling stock. Eighth. The lessee further agrees, that it will immediately, and at its own costs and expense, replace any of said equipment and rolling stock that may be destroyed from any cause whatsoever by and with other equipment and roll- ing stock, of equal size, capacity, value, material, character, and construction, and all questions arising under this article of this agreement shall be settled and adjusted by the master mechanics of the several parties hereto, or by an impartial umpire to be selected as provided in article tenth of this agreement. 870 cleek's assistant. Kinth. This agreement shall continue in force for the space of unless the same shall be sooner terminated by mutual consent, or by or in con- sequence of the violation by the lessee of some or any of the provisions herein contained; and in case of the violation of any of the provisions hereof to be performed by the lessee, or in case of its default in the payment of any part of the rental, or expenses of repairing, or any other sum or sums that may be due hereunder (whether the same shall have been demanded or not), or of any neglect or failure on the part of the lessee to maintain the equipment and rolling stock in the condition required hereby, or i ■ case of any other default or failure on its part under this agreement, or in case any proceedings of any kind shall be commenced against the lessee for the appointment of a receiver, •or for the foreclosure of any deeds of trust or mortgage, or in case of the in- stitution of any proceedings, either at law or in equity, whereby the control or ownership of such equipment and rolling stock might be aflfected or dis- turbed, then and in either of such events it shall be lawful for the lessor, at its option, to forthwith demand, and, with such force as may be necessary, to enter upon the premises and railroad of the lessee, or of any other person or corporation where such equipment and rolling stock, or any part thereof, may be, and take immediate and maintain exclusive possession and control of all of said equipment and rolling stock, or any part thereof, and as attorneys in iact or agents of said lessee to take, hold, and have the said equipment and rolling stock, or any part thereof, with or without the order or decree of any court of equity, or any other court having jurisdiction in the premises, and, at the option of such lessor, to declare and cause this lease to be wholly or in part annulled and canceled. Tenth. Upon the expiration or other determination of this lease, or any ex- tension thereof, the lessee agrees to surrender to the lessor, or its authorized agents, all of the property leased, as provided in the foregoing sixth article hereof, and said lessee further agrees to pay on demand all rent then due for the use of said equipment and rolling stock, and all charges thereon, and all other sums that may have been paid or incurred by the lessor on account of the failure of the lessee to carry out any of the provisions of this agreement. And it is hereby further mutually agreed that the general master mechanics of the parties hereto (or in case of their failure to agree, an impartial umpire of their selection), shall be the sole and final authority to decide upon the condition of the said rolling stock; and in case of the failure of the lessee to deliver the rolling stock as aforesaid at the points agreed, the lessee hereby agrees to pay, on demand, all costs and expenses of bringing or removing said rolling stock to the point or points aforesaid, and all rental accruing during such removal, and furthermore agrees to pay all damages, charges, and ex- penses occasioned by its neglect or refusal to comply with any of the covenants herein contained to be by it kept and performed. Eleventh. The lessee shall and will plainly and permanently mark or cause to be so marked on each side of each and every article of equipment or rolling stock received hereunder the words " Equipment Company, owner," and the proper number, and will not allow the name or designation of any other LANDLORD AND TENANT. 87 1 person or company, as owner, to be placed on any such equipment or rolling stock. In the event of any such marks being destroyed, the lessee will imme- diately restore the same, and will do such other acts as the lessor shall require for the full and complete protection of its rights hereunder. In ease the lessor shall sell and assign any of such equipment and rolling stock, the name of such assignee, as owner, shall be placed on the said equipment and rolling stock if so required. Twelfth. It is also agreed, in case of any default hereunder on the part of the lessee, that all the earnings of the said equipment and rolling stock shall then and thereafter be and become nayable to the lessor, and be applied and received by it as if received under the provisions of the fourth article hereof, and the lessee agrees forthwith upon such default, and hereby authorizes and empowers the lessor to notify the Railroad Clearing-House Association, or the railroad companies that at the time may be owing for the service or use of such equip- ment and rolling stock to pay over such earnings to such lessor. Such notice, however, shall not be necessary in order to enable the lessor to collect and re- ceive such earnings in case of default. Thirteenth. And the said lessee hereby agrees, that in case of any default •on its part as aforesaid, it will not set up, claim, or seek to take advantage of any valuation, stay of execution, appraisement, or extension laws which might prevent, postpone, hinder, or delay the right of the lessor to take pos- session of or operate or control the said equipment and rolling stock, or any part thereof, or the immediate enforcement of its rights hereunder, withou". and free from appraisement, valuation, stay, or other condition or hindrance, but the said lessee will and does hereby waive the benefit of any and all such valuation, stay, appraisement, or other laws to such effect as aforesaid. Fourteenth. All the provisions of this agreement shall apply to and bind the personal representatives, successors, or assigns of the respective parties hereto. And the lessee dotk hereby covenant that it will at all times hereafter, upon reasonable request, make, do, execute, and deliver all such further or other reasonable assurances, acts, and agreements as shall be necessary to protect the said equipment and rolling stock, or any part tiiereof, or the owner- ship or control thereof, for the benefit of the lessor; and that in case any of the said equipment and rolling stock shall, in the course of traflSc, be transferred from said lessee to any other person or persons or corporations, such other persons or corporations, so long as such equipment and rolling stock shall re- main in their possession, shall hold the same as bailees of the lessor and not of the lessee, and shall be answerable to the lessor for the same, and the lessee, in any and all arrangements it shall make with such other persons or corpora tions, shall act only as the agent of the lessor, and not on its own behalf. In witness whereof, the said parties hive caused their respective corporate seals to be hereto annexed, and the same to be attested by their respective offi- «ers or agents, the day and year above written. Executed in interchangeable duplicate copies. (SEAL.) COMPAKY. by (Acknowledgment. ) 872 No. 21. Lease of Bailroad. This indenture, made this day of , 19 . . . , by and between- the A. Railway Company, hereinafter called the A. Company, party of the first part; the B. Railway Company, hereinafter called the B. Company, party of the second part; and the C. Railway Company, hereinafter called the C. Company, party of the third part. Whereas, the A. Company is a corporation organized and existing under the laws of the State of , and is empowered among other things to construct, maintain, and operate railroad and telegraph lines in the State of , and in the Territories of and ; and tO' build, purchase, own, and run steamships between any ports on the ocean, and steamboats on the , , and rivers ; and also to consolidate with any railroad or railroads in said , on such terms as may be agreed upon; and also to facilitate and assist the con- struction, equipment, and operation of any railroad line in said , connecting or intending to connect or exchange traflSc with the railroads, steam- ships, or steamboats of the A. Company, and for such purpose to subscribe for or purchase the stock or bonds of any company owning or operating such rail- roads, to guarantee or otherwise secure the payment of any such bonds, or the interest thereon, by pledge or mortgage of the property of the A. Com- pany, and to consolidate with, lease, or contract for the operation and main- tenance of said railroads; and. Whereas, the A. Company now owns and operates certain railroads between the following points, to- wit ( describe them ) ; and, Whereas, the A. Company also operates certain railroads which are owned by the Railroad Company, running between the following points,. to^wit (describe them) ; and, Whereas, the A. Company is the owner of substantially all the stock and of all bonds of the Railroad Company ; and. Whereas, the B. Railway Company is a corporation existing under an act of the Congress of the United States, entitled " An Act, etc., ," approved , . . . . , and is empowered to construct, operate, and own a railroad or railroads, from a point at or near , on the C. Railway, in the Territory of , to the western boundary line of the Territory of , etc., having express power and authority also to make running arrangements with any railroad or transportation company, or to lease, pur- chase, or otherwise acquire the charter, road, property, capital stock, or fran- chise of any such company; and the said B. Company has constructed its rail- road from the said through the Territories of and , to a point of connection with the railroad of the said A. Com- pany at , in the State of ; and. Whereas, the C. Railway Company is a corporation created by and existing under an act of the Congress of the United States, entitled "An Act, etc.," approved , . . . . , and other acts of Congress amendatory thereof. LANDLORD AND TENANT. 87$ and the said C. Railway Company now owns or controls and operates railroads extending from points on the river, in , and , to , in the State of and the said A. Company's railroad is operated as a continuous line with the C. Railway, and is a part of the 0. Railway system, connecting the same with the railroads of the said A. Com- pany; and the said C. Company now owns and holds more than one-half of all the capital stock of the said B. Company; and, Whereas, the B. Company and the C. Company largely depend upon the rail- roads of the A. Company for an interchange of traffic; and since all the said railroad properties and the country tributary thereto would be benefited by the union of all the said railroads into a single and harmonious system ; and in order to develop the resources of the said region, to protect the property of the said A. Company from injury arising from the construction of parallel roads, to provide the said C. Company with a through line, and to secure for its system traflic which might otherwise be diverted to other railroads, the said parties hereto desire to consolidate and unite their respective railroad systems under one management as herein provided, and to operate all the said rail- roads as continuous lines, and also to construct, maintain, and operate certain branch railroads which shall connect with the A. system, or with the lines of both the A. and the B. Companies, and form parts of the consolidated system : Now, this indenture witnessieth: First. That the said A. Railway Com- pany, in consideration of the premises, and of the rents and covenants herein- after reserved and contained, on the part of the said parties of the second and third parts to be paid and performed, does by these presents, grant, demise, let, and lease, unto the said B. Railway Company, its successors and assigns, all and singular the railroads and telegraph lines, constructed, or to be con- structed, which are now owned by the said A. Company, or which may be here- after owned or acquired by the said company, by whatsoever title the same may be owned or held, and also all the lands, tenements, hereditaments, ways, and rights of ways, now owned or held, or which may be hereafter owned, held, or possessed by the said A. Company, for said railroads and telegraph lines, and for any and all purposes in connection with the construction, working, maintenance, and operation of the same, or any or all of them, and all the easements and appurtenances thereunto belonging or in anywise appertaining, and also all branches, extensions, sidings, tracks, bridges, depots, fences, sta- tions, section-houses, tanks, warehouses, freight-houses, engine-houses, car and machine shops, and all other buildings, fixtures, and improvements of what- ever kind and description, and wherever situated, now owned or held by the said A. Company, or which may hereafter be owned or held by said A. Com- pany, for the use of said railroads, or in connection with the working, main- tenance, and operation of the same; also, all locomotives, tenders, stationary engines, cars, trucks, push-cars, hand-cars, and all other rolling stock and other vessels, together with the tackle, furniture, boats, anchors, cables, and stores thereunto belonging, or in anywise appertaining, or intended for use in connection therewith, now owned, held, or possessed by the said A. Com- pany, or which may be hereafter owned, held, or possessed by the said com- ■874 cleek's assistant. pany, and also all wharves, docks, slips, inclines, warehouses, and other struc- tures and fixtures, and all goods and chattels now owned or held by the said A. Company for use in connection therewith; And also all rights, powers, privileges, and franchises now owned or pos- sessed by the said A. Company in connection with the said railroads, telegraph lines, and vessels; And also certain real estate and other property of the A. Company not em- braced within its mortgages, a schediile whereof is attached to this lease, and thus made part hereof, which premises are to be appraised as of their true value on the 1st day of , 19. . ., under the direction of the presi- dents of the A. and B. Companies, and the amount equal to their value as as- •certained by such appraisal, in five per cent, consolidated bonds of the A. Com- pany, is to be delivered to the A. Company, for sale or disposal by said com- pany, and appropriation of the proceeds thereof to its own use; Together with the rents, issues, and profits of all the said property hereby demised, and each and every part thereof: To have and to hold the said railroads, telegraph lines, steamships, steam- boats, premises, property, and appurtenances, together with the rents, issues, and profits thereof unto the said B. Company, its successors and assigns, for its and their own proper use and benefit, from the day of , in the year 19. . ., for the term of ninety-nine years, then next ensuing; and the said B. Company, during the said term, shall have the sole and exclusive right, power, and authority to hold, occupy, use, enjoy, control, manage, and operate the same, and to regulate, fix, vary, demand, collect, receive, and dis- pose of all and every the rates, tolls, revenues, and charges to accrue thereon or therefrom; subject, however, to the lien of the mortgages hereinbefore re- ferred to (if there are any) ; and subject, also, to all the valid covenants and agreements contained in the contracts with the Terminal Com- pany, the Telegraph Company, the Palace Car Com- pany, and the Railroad Company, as follows: (describe contracts), it being intended hereby to place and put the said B. Company in the lieu and stead of the said A. Company, and with all the rights of said A. Company ; the said B. Company, its successors or assigns, yielding and paying therefor to the said A. Company, its successors and assigns, at the times and in the manner hereinafter provided, the yearly rents, hereinafter specified, and keeping and performing all and singular the covenants hereinafter set forth to be kept and performed by the said B. Company. Second. And, in further consideration of the said rents and covenants on the part of the said parties of the second and third parts to be paid and per- formed, the A. Company hereby covenants and agrees forthwith to transfer and assign to the B. Company, its successors and assigns, all the right, title, and interest which the A. Company may now have, hold, or possess, or which that company may hereafter have, hold, or possess, in and to the lease or leases of the railroads, shares of the capital stock and bonds, rolling stock, equipments, property, and appurtenances now owned, held, or possessed, or which may Jiereafter be owned, held, or possessed by the said Railroad Com- LANDLORD AXD TENANT. 875 ^any, and by the said Railroad Company, or by any or either of them; and the A. Company hereby covenants and agrees that the B. Company, iluring the said term, shall have the solo and exclusive right, power, and au- thority to hold, occupy, use, enjoy, control, manage, and operate cacli and ■all of the said railroads, under such leases aforesaid, for the term of ninety- nine years, from the day of , 19. . ., and to regulate, fix, vary, demand, collect, receive, and dispose of all and every the rates, tolls, revenues, and charges to accrue thereon or therefrom, yielding and paying therefor no rental whatever, except as provided herein, and subject to no other or further conditions or covenants than are contained herein. Third. And, in further consideration of the said rents and covenants, the A. Company hereby covenants and agrees, on demand of the said parties of the second and third parts, or either of them, to procure the Rail- road Company, a corporation existing under the laws of the Territory of to make, execute, and deliver to the B. Company, a lease of all tl>e property and franchises now owned or held, or which may be hereafter ■owned or held by the said Railroad Company, said lease to be sim- ilar in all respects to the leases mentioned in the foregoing paragraph, and to •continue for the term of ninety-nine years, beginning on the day of , 19 ... ; and the B. Company shall pay no rent whatever under the «aid lease, and the same shall be subject to no conditions or covenants except as provided in this agreement. Fourth. And the A. Company further covenants and agrees forthwith to transfer and assign to the B. Company all its right, title, and interest in and to the use, benefit, and enjoyment of the properties, rights, and privileges of the Terminal Company, arising out of the contracts and relations of the A. Company therewith, and also all its right, title, and interest in and to those certain contracts entered into with the Telegraph Com- pany, dated on the day of , 19 ... ; and with the Palace Car Company, dated on the day of , 19 ... ; and with the Railroad Company, dated on the day of , 19 ... , and the day of , 19 . . . And the B. Company covenants and agrees to keep and perform the valid tjovenants and conditions on the part of the A. Company to be kept and per- formed, contained in or arising out of said contracts, as fully as the A. Com- pany is bound to keep and perform the same. Fifth. And the A. Company further covenants and agrees that it or its suc- cessors shall and will, during the said term of ninety-nine years, preserve, or renew and maintain its corporate existence and organization, and at all times during the said period, on demand of the said parties of the second and third parts, or either of them, shall and will exercise and put in force each and every corporate power and franchise, and do each and every corporate act necessary or desirable to carry out the provisions of this agreement, and to enable the said parties of the second and third parts, or either of them, to avail themselves of and use, exercise, and enjoy the rights, powers, and privi- leges hereby granted in respect to the said railroads, steamships, steamboats, and other property aforesaid, and shall and will, at any and all times, on de- 876 cleek's assistai^t. maud, execute, acknowledge, and deliver to the said parties of the second and third parts, or either of them, such other and further instrument or instru- ments in writing, and under its corporate seal, as may be necessary or de- sirable, better and more effectively to secure the purposes of this indenture. Sixth. And the A. Company further covenants and agrees to and with th& said parties of the second and third parts, that it has no indebtedness or lia- bility, actual or contingent, due or becoming due, except as herein stated, and that its said property is free from all claims and liens, except as herein set forth, and the A. Company further covenants and agrees that it will not here- after, during the said period of ninety-nine years, incur any debt or liability, or make or issue any bond or bonds, or obligations, or any deeds of trust, mort- gages, or other security whatever, except at the request of the said parties of the second and third parts, or either of them, and except such as are herein- after provided for, and will protect, indemnify, and keep harmless the said parties of the second and third parts, and each of them, from any and all lia- bility, damage, or expense on account of any indebtedness, liabilities, or ob- ligations heretofore contracted or incurred by the A. Company, except as here- inafter specified, and the said parties of the second and third parts may and shall deduct and retain from any amounts becoming due and payable to the- A. Company, under the terms hereof, such sums of money as they, 6r either of them, may be obliged to pay for the protection of their rights under this- indenture, by reason of the default of the A. Company in keeping or perform- ing the covenants or agreements herein contained. Seventh. And the A. Company further agrees that on the request of the said parties of the second and third parts, or either of them, it shall and will, from time to time, during the existence of this lease, make, issue, and deliver such bonds, bearing such rate of interest, and payable at such times and secured in such manner as the parties hereto shall agree upon, and will make, execute, and deliver such mortgages as may be deemed necessary to secure the payment of such bonds. The B. Company hereby agrees, that with the bonds hereinbefore provided for in this clause of this agreement, or with the proceeds of the same upon sale thereof, it will provide for the renewal, extension, or payment of all th& bonds of the A. Company (if any have been issued) which may become due and payable within and during the existence of this lease, so as to save the A. Company from any default upon its bonded indebtedness during the exist- ence of this lease. But it is further agreed that the B. Company may, in case an extension thereof can thereby be procured, postpone the payment of any of said issues of bonds, by the execution and delivery to the holders of said bonds, of ex- tension coupons for extended periods, preserving the lien of the said original mortgages, as may be agreed upon by the B. Company and the holders of said mortgage bonds, and the A. Company agrees upon demand to execute such coupons. Eighth. And the A. Company further covenants and agrees that at the re- quest of the B. Company, it will, with the express consent and approval of the LANDLORD AND TENANT. 877 toard of directors of the A. Company first had and obtained, locate, construct, ■equip at their actual cash cost, and maintain and operate, subject to the lien of the (any mortgages that may be outstanding) mortgages, and subject to and in accordance with the terms, covenants, and conditions herein contained, •any and all branch railroads specified or contemplated in the original or sup- plementary articles of incorporation of the A. Company, or which may be duly provided for in any articles of incorporation which the A. Company may here- after lawfully adopt ; and the said branch lines when constructed shall become and be considered a part of the system of railroads of the A. Company, sub- ject to this lease, and all the terms and conditions herein contained, and shall Ije, as soon as practicable, consolidated with the A. Company. Ninth. The A. Company further agrees that it will, within sixty days from the date of execution hereof, prepare schedules, in duplicate, duly authen- ticated, and deliver the same to the B. Company, which shall show in detail all of its properties, namely: 1. Schedule of the said railroads and branches, and telegraph lines, showing their condition, if finished, and to what extent completed, if unfinished. 2. Schedule of the ways, rights of way, yards, and other real estate, stations, buildings, depots, engine-houses, machine shops, bridges, and other structures used in the operation of the said railroads. 3. Schedule of rolling stock, tools, machinery, and fixtures, telegraph ma- terial, and appliances. 4. Schedule of steamships, steamboats, and other vessels. 5. Schedule of wharves, docks, piers, and warehouses used in connection with said steamships and steamboats. 6. Schedule of material and supplies on hand. 7. Schedule of all other property, whether hereby leased and transferred, or intended to be hereby leased and transferred, or whether retained and held by the A. Company. Tenth. In consideration of the premises, the said B. Company hereby cove- nants and agrees to make to the A. Company the following payments during the existence of this lease, to-wit: 1. The amount of dollars per annum to the said A. Company, at its office in the city of New York, in equal quarterly payments, beginning on the day of , 19. . . (Further provide here for the payment •of any sums which the lessee is to pay to the lessor for any purpose. ) Eleventh. And the B. Company hereby covenants and agrees to and with the said A. Company and the said C. Company, that it will operate the said rail- ways and steam vessels, and manage the aforesaid properties in harmony with the railroads of said C. Company, and as a part of the C. system, and in the same manner as the A. Company, or other owner thereof, is now or may at any time during the existence of this lease be required by law to do, and will at all times during the existence of this lease keep and preserve the said rail- ways and the rolling stock, equipment, and appurtenances thereunto belong- ing, and the said steam vessels and their appurtenances in good repair, or- dinary wear and tear, and destruction by the elements excepted, and except as to such parts thereof as may be sold or otherwise disposed of, or the use 878 cleek's assistant. thereof abandoned, as herein provided, and will supply from time to time such. additional rolling stock, and equipment for the said railroads, and such re- placements and renewals, improvements, and betterments, as may be neces- sary, and will at all times insure all the boats and vessels of the A. Company at fair and reasonable valuations, or keep the same insured, and the A. Com- pany shall at all times during the continuance of this lease have the right to examine and inspect the property hereby demised, and the property shall at all times be open to the inspection of the president of the A. Company, and such person or persons as he may appoint. Twelfth. And it is hereby mutually covenanted and agreed that the said B. Company shall possess and exercise, with the express approval of the board of directors of the A. Company, first had and obtained, all the rights, powers, and privileges now possessed or exercised by the A. Company, in respect to selling, leasing, and otherwise disposing of worn-out, unserviceable, or unnec- essary rolling stock and equipment, steamships, steamboats, and other prop- erties hereby demised, so far as such powers may be exercised in conformity with the provisions of ( any existing mortgages ) , and the A. Company hereby covenants and agrees that it shall and will, at the request of the B. Company ,^ from time to time, during the period of this lease, take such action as may be necessary or desirable to secure the consent and approval of the trustees un- der the said mortgages, for the purpose of selling or otherwise disposing of such properties as aforesaid. Thirteenth. And the B. Company further covenants and agrees that it will pay and discharge all expenses, costs, damages, claims, and demands whatsoever, which, without default of the A. Company, shall or may arise out of the man- agement and operation of the said railroads and other properties, or any part thereof, during the existence of this lease, and will, and shall, at all times dur- ing such period, save and keep harmless, and indemnify said A. Company therefrom, and will defend all such actions and suits which shall or may be brought against the A. Company during said period, and will pay all taxes^ and assessments which may be lawfully levied or assessed for the year 19. . ., and all subsequent years during said period, upon the said railroads or other property hereby demised, and upon the business or income of the same, and upon the A. Company in respect thereof. Fourteenth. And the B. Company furthei- agrees that it will at all times,, during the continuance of this agreement, keep accurate and detailed accounts, of all moneys received and business done upon the said railroads and steam vessels, and in connection with the other properties hereby demised, and of all moneys paid out and liabilities incurred in connection with the said busi- ness, and such accounts shall, at all reasonable times during the existence of this lease, be open to the president or board of directors of the A. Company, and such persons as he or they may from time to time appoint to examine the same, and the B. Company shall and will furnish the A. Company with the usual monthly and annual statements of account, and with all reports and statements which the A. Company is now, or may hereafter be obliged to make- or file under the requirements of any lawful authority. LANDLORD AND TENANT. 879- Fifteenth. In ease this agreement shall be adjudged illegal or invalid, or at the termination hereof, the B. Company shall and will deliver up and sur- render to the A. Company the said railroads and other property hereby de- mised, assigned, or transferred, including the stocks and bonds of Railroad Company, the Eailroad Company, and Rail- road Company, the railroad and any lease thereof to the B. Com- pany, except such as shall have been sold, abandoned, destroyed by the ele- ments, or disposed of as hereinbefore provided, in at least as good order and condition as the reasonable use and vyear thereof will permit, and with such additions, betterments, or improvements as shall have been made thereto. Sixteenth. In case the B. Company or the C. Company shall at any time or times hereafter, during the existence of this lease, fail to pay the sums herein- before provided to be paid by the B. Company, or any part thereof, when the same shall have become payable according to the terms hereof; and in case such default shall continue for the period of thirty days after demand, then and in every such ease, unless the A. Company shall be in default, it shall be lawful for the A. Company, its successors or assigns, at their option, to enter, without process of law, unto and upon the said railroads and other property hereby demised, and every part thereof, and to have and to hold all such prop- erty, together with all the additions and improvements which shall have been made to the same; and all the right, title, and interest whatsoever of the said parties of the second and third parts, in and to the said property, shall there- upon wholly cease and terminate ; and it is further agreed that such re-entry shall not waive or prejudice any claim or right of the A. Company to or for damages against the said parties of the second and third parts, or either of them, on account of such nonpayment, or on account of any nonperformance or breach of the terms of this indenture. Seventeenth. And the A. Company, its successors and assigns, shall and will make and furnish to the said parties of the second and third parts, their suc- cessors or assigns, at least twenty days before the payment of the semi-annual or other interest on any of its bonds or obligations outstanding at any time during the continuance of this agreement, a, statement of the bonds or obliga- tions of the A. Company, or its successors, then outstanding, showing the names and places of residence of the holders of said bonds and obligations, so far as can be ascertained, and the amount of interest on said bonds or ob- ligations then maturing, and payable at the next semi-annual or other day of payment, and shall and will, at all reasonable times, permit the said par- ties of the second and third parts, their successors or assigns, and such person or persons as may be appointed or designated by them for that purpose, to in- spect the books and records of the A. Company, its successors and assigns, for the purpose of verifying such statements, and of ascertaining what, if any, of its bonds or obligations shall have been canceled or paid, purchased, retired, or redeemed. Eighteenth. And the B. Company, in consideration of the covenants herein contained on the part of the C. Company to be performed, hereby covenants and agrees, to and with said C. Company, that all the said railroads hereby 880 cleek's assistant. demised shall be operated, for all purposes of commuaication, travel, and transportation, so far as the public and the government are concerned, as continuous lines vi'ith the railroads now owned or hereafter to be owned or controlled by the E. Company, and with the railroad system of the C. Com- pany; that there shall never be at any time during the said period of ninety- nine years, any discrimination, as to rates or otherwise, on said railroads or vessels, in favor of any other line, road, or transportation company, as against the C. Company, and that the rates for all through business, that is to say, for traffic carried to and from terminal, common, or competitive points upon the said railroads, which may be reached directly or indirectly by any railroads competitive to the C. Company, shall at all times be as low as by any other railroad route, and that all unconsigned business, destined for any points on, or reached by or beyond the railroads of the C. Company's system, received by the B. Company, as lessee of said A. Company's system, shall be turned over to the C. Company; and in consideration of the foregoing covenants the C. Company hereby covenants and agrees, to and with the A. Company, that it, the said C. Company, will and shall, and hereby does guarantee the prompt -and faithful performance of each and all the covenants and agreements herein contained on the part of the B. Company to be kept and performed; and the B. Company shall be liable to said C. Company for any and all payments made by the latter under the terms hereof, over and above the amounts which the B. Company would otherwise be entitled to receive from the C. Company. Nineteenth. And it is further understood and agreed that all disputes and differences arising at any time during the period of this lease, as to the due performance by any of the parties hereto of any of the covenants herein con- tained, shall be submitted to three arbitrators, one of whom shall be chosen by said A. Company, and one by said B. Company, and these two shall choose the third; and the award of these arbitrators, or any two of them, shall be binding and conclusive upon the parties hereto in respect of the question submitted; but any differences arising as aforesaid shall not interrupt the Ijusiness of the said railroads, steam vessels, or telegraph lines, but such busi- ness shall continue as before, until the question in dispute shall have been settled by arbitrators, as aforesaid, and thereupon such payments or restitu- tion shall be made, and such acts and things shall be done, as may be required by the award of the said arbitrators. Twentieth. This lease is to take effect and be in force as of the day of , 19. . ., and the possession, operation, and maintenance of the demised premises on and after the day of , 19 ... , and, until the delivery of possession under this lease by the A. Company, shall be for the benefit and at the expense and risk of the B. Company; and the A. Company further agrees to place said railroads, steamboats, and other property hereby demised, in the possession of the B. Company immediately on the execution hereof, and the said A. Company shall pay and discharge all wages, salaries, debts, and liabilities contracted in connection with the demised premises, prior to the day of , 19. . ., and shall be entitled to collect and re- tain all the earnings and income of the said demised property accruing prior LANDLORD AND TENANT. 881 to day of , 19 . . . ; and it is mutually understood and agreed that all the provisions herein contained shall be binding upon the respective successors and assigns of each of the parties hereto. Twenty-first. And it is hereby mutually unders'tood and agreed that the B. Company and the C. Company may, in their disci etion and by consent of the A. Company, at any time during the continuance of this agreement, enter into and perform any contract whatsoever not inconsistent with the terms hereof with the Railway Company, or any other person or corpora- tion, in relation to the management or operation of the said railroads, steam vessels, and other property of the A. Company hereby demised. Twenty-second. This indenture has been authorized by the shareholders of the C. Company, and it is agreed that it shall also be duly authorized or ratified by the shareholders respectively of the A. and B. Companies by due corporate action. In witness whereof, the said several corporate parties have caused this in- denture to be executed by their respective presidents, and attested under their respective corporate seals. No. 22. Lease — Uaryland. (Code, art. 21, § 63.) This lease, made this day of , in the year 19. . ., between and , witnesseth : That the said doth lease unto the said , his personal representatives or assigns (here de- scribe property) , for the term of years, beginning on the day of , in the year 19 ... , and ending on the day of , in the year 19. . . , the said paying therefor the sum of dollars, on the day of , in each and every year. Witness their hands and seals. (i.. s. ) (L. s.) No. 23. Virginia. (Id., § 2440.) This deed, made the day of , in the year 19 ... , between (here insert the names of parties ) , witnesseth : That the said doth {or, do) demise unto the said , his personal representatives and assigns, all, etc. (here describe the property) , from the day of , for the term of , thence ensuing, * yielding therefor during the said term the rent of (here state the rent and mode of payment). Witness the following signature and seal ( or, signatures and seals ) . In presence of M. B. (Signatures and seals.) 56 882 clerk's assistant. No. 24. West Virginia. (Id., eh. 72, § 5.) (As in form No. 23, to *, and from thence as follows: ) The said (the lessee), paying to the said (the les- sor), therefor during the said term, the rent of (here state the rent and mode «f payment ) . Witness, etc. (as in form No. 23). (Signatures and seals.) In presence of M. B. No. 25. Surrender of a Lease to the Lessor by Indorsement. Know all men by these presents, that I, the within-named A. B., in consid- eration of $25, to me in hand paid, at and before the ensealing and delivery of these presents, do for me, my executors and administrators, bargain, sell, surrender, and yield up from the day of the date hereof, unto the within- named C. D., and his heirs {or, his executors, and administrators), as well the within indenture of lease, as the lands and premises therein mentioned, and the term of years therein yet to come, with all my right, title, and interest thereto, and that free and clear of all incumbrances of what kind soever, at any time, by me, or by my privity, consent, or procurement, done, committed, or suffered. In witness, etc. No. 26. Affidavit of Landlord that Premises are Deserted by Tenant. Albany County, as. : A. B., being duly sworn, says, that on the day of , 19. . ., he leased to C. D. a house and lot in the village of Berne, for the period of three years from said , 19. . . ; that the said C. D. entered and oc- cupied said premises until some time in , 19. . ., when he aban- doned said premises, leaving due and unpaid the rent for the quarter, ending , 19. . ., and leaving no property on said premises, and that said premises are now unoccupied and uncultivated. And the said A. B. further says, that he is desirous of regaining possession of the said premises, in ac- cordance with the provisions of the statute in such case made and provided. A. B. Sworn, etc. LANDLOED AND TENANT. 80.J No. 27. ITotice to be Affixed on a Conspicuous Fart of the Premises. To C. D., Tenant of the Demised Premises, of which the Following is a Descrip- tion: (Insert description of premises.) Whereas, it has been duly proved to me, the undersigned, that you, being in jrrear for rent, have deserted and left unoccupied and uncultivated, without any goods thereon subject to distress to satisfy the arrears of rent, the above- described premises, demised to you by A. B. ; and, whereas, I, the undersigned, a justice of the peace of said county of Albany, having, at the request of the said A. B., gone upon and viewed the said premises, and being satisfied upon such view that the said premises have been deserted as above stated: You are hereby notified and required to appear and pay the rent due, on or before the day of (a time not less than five nor more than twenty days after the date of the notice), or the landlord will be put into pos- session of the said premises, and any demise of the said premises to you shall from thenceforth become void. Dated and aiExed on said premises, the day of , in the year 19... J. C, Justice of the Peace. No. 28. The Entry in Justice's Docket. At the request of the said A. B., and upon the proof above mentioned, I went upon and viewed the premises described in said lease, and being satisfied on such view that the premises have been deserted by the said tenant, as proved by the evidence hereinbefore stated, I affixed upon a conspicuous part of the said premises the following notice in writing: (Here the notice should be copied into the docket.) And afterwards, to-wit, on the day of last, being the time specified in said notice, I again viewed the premises, and upon the said second view, the said C. D., the tenant, did not, nor did any one for him, appear or pay the rent in arrear. And there being no suflicient distress on the said premises, to satisfy the said rent, I put the said A. B., the landlord, into pos- session of the said demised premises, according to the statute in such case made and provided. J. C, Justice of the Peace. No. 29. Appeal Bond. Whereas, certain proceedings have been had at the instance of A. B., against C. D., before J. C, one of the justices of the peace of the county of Albany, under color of the provisions of the statute authorizing summary proceedings 884 cleek's assistant. to obtain possession of demised premises when deserted by the tenant, whgreby the said A. B. was, on the first day of May last, nut into the possession of cer- tain premises by him demised to the said C. D., from which proceedings the said C. D. hath appealed to the County Court of said county. Now, therefore, the condition of this obligation is such, that if the said C. D. shall well and truly pay to the said A. B. all costs of such appeal which may be adjudged against such tenant, then this obligation shall be void, otherwise of full force. C. D. (L. s.) P. Q. (L. s.) Sealed and delivered in presence of A. M. I approve of this bond as the security for the appeal therein mentioned. J. C. Justice. No. 30. Notice to the Justice of the Appeal. To J. C, Esq., Justice of the Peace: Sib. — I have appealed, and do hereby appeal, to the County Court of the county of Albany, from your proceedings at the instance of A. B., by which he has been put in possession of the premises lately occupied by me in the town of Berne, in this county, under color of the provisions of the statute authoriz- ing summary proceedings to recover possession of lands in certain cases. And of this you will take notice, and return the proceedings had before you to the said court within ten days. Berne, the day of , 19 . . . Yours, etc, 0. D. No. 31. Notice to Tenant to Fay Bent. (Code Civ. Pro., § 2231.) To Take notice, that you are indebted to , in the sum of dollars, for rent of the house, real property, and premises now occupied by you, situate in the of , in the county of , and described as follows : ..... T .... ; and that require the payment of said rent within three days from the service of this notice, or the possession of said premises. Dated, the day of , 19 . . . Yours, etc.. Landlord. LANDLOHD AND TENANT. 885 County of , ss.: being duly sworn, says, he did, on the day of , 19..., personally (if not served personally annex affidavit service in same manner as "precept," Code, § 2231, subd. 2; substituting "notice" for ■• precept " ) serve a notice, of which the foregoing is an original duplicate upon ) the tenant . . therein named, by delivering such notice to, and leav- ing the same with said , at the .7 of .''in said county, at the same time showing said the foregoing original no- tice. Subscribed and sworn to before me, this ) day of , 19 . . . t Justice of the Peace. To No. 32. Notice to Terminate Tenancy at Will. (Id., § 2236.) Take notice, that you are required to surrender and deliver up possession of the real property, house and premises, which you now hold of , situ- ate in the of , county of , and described as follows: ; and to remove therefrom within one month,i pursuant to the statute relating to the rights and duties of landlord and tenant. Dated, the day of , 19 . . . Yours, etc.. Landlord. , County of , ss.: , being duly sworn, says, he did, on the day of 19. . ., personally serve a notice, of -which the foregoing is an original duplicate, upon , the tenant . . 2 therein named, by delivering such notice to. and leaving the same with said , at the of in said county, at the same time showing said the foregoing orig- inal notice. Subscribed and sworn to before me, this ( day of ,19... > Justice of the Peace. "31 N. T. 453; 48 Barb. 551; 15 Hun, davit service in same manner as " pre- 475. cept." Code, § 2231, subd. 2; substttut- 'If not served personally, annex affl- ing "notice" for "precept." 886 clekk's assistant. Note. Notice to quit is essential to institution of proceeding to remove after mort gage foreclosure. McDonald v. McLaury, 43 St. K. 512. Petition must allege giving of such notice. Id. When such defect is not waived by defendant's special appearance for purpose of objecting. Id. No. 33. Petition to Bemove Tenant for ITonpayment of Bent after Demand. (Id., §§ 2231, 2235.) County of , ss.: To , Esq., a Justice of the Peace of the of ; The petition of respectfully shows, that your petitioner . . , , the owner . . in f eeS of the real property, house, and premises situated in the of , in said county, described as follows : That on or about the day of , 19 . . . , your petitioner. ., , as landlord. ., let and rented the said real prop erty, house, and premises unto , for the term of , from the day of , 19 ... , at the rent of dollars, payable * That said , now justly indebted to your petitioner . . in the sum of dollars, for the rent of the said real property, house, and premises, pursuant to the agreement under which the same are held as aforesaid, to-wit : for rent due by the terms of said agreement on the day of , 19 . . . That on the day of , 19 ... , at o'clock, in the noon, at said real property, house, and premises, your petitioner. . demanded said rent of said , which . . h . . then and there refused to pay. That said rent has not been paid, nor has any part thereof. That said hodd. . over and continues in possession of the said de- mised real property, house, and premises,^ after demand of said rent has been made, without the permission of your petitioner . . , . . h . . said landlord. . Your petitioner. . pray. . for a final order removing said as tenant. ., as undertenant. ., and , as assign. . from said real property, house, and premises, pursuant to law. Dated, the day of , 19 . . . Petitioner. , County of , ss.. , being duly sworn, say. , . .h , the petitioner. . named in and who signed the foregoing petition; that said petition is true to ' If not owner in fee, state interest en- what portion, if only part. Code Civ. tltiing to possession. Code, § 2235. Pro., §§ 2231, 2235. * If original tenant has died, underlet = If only part, state what part. Code, or assigned the premises, or any part § 2231. thereof, state the facts and to whom, and LANDLORD AND TENANT. 887 . . h . . own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters ..he., believe., it to be true. Subscribed and sworn to before me, this ) day of , 19 . . . ) Justice of the Peace. Note. Summary proceedings will not lie on ground of breach of condition of lease. Kramer v. Amberg, 23 St. R. 60. Where lease may be terminated on service of notice, such service authorizes maintenance of summary proceedings to remove tenant under section 2231 of Code. Cottle v. Sullivan, 8 Misc. 184, 59 St. R. 477. Summary proceedings cannot be instituted in name of agent as landlord'. Matter of Hosley, 56 Hun, 240, 30 St. R. 711. Purchaser of life-tenant's interest in real estate, under foreclosure of me- chanic's lien, is entitled to maintain summary proceedings. Lang v. Everling, 3 Misc. 530, 52 St. R. 489. Occupancy on shares comes within proceedings for summary dispossessior of tenants. Barry v. Smith, 69 Hun, 88, 53 St. R. 57. Where term expires of its own limitation, summary proceedings to recover possession are maintainable. Man. L. Ins. Co. v. Gosford, 3 Misc. 509, 52 St. R. 419. Husband may maintain summary proceedings in respect to property held by entireties. Peer v. O'Leary, 8 Misc. 350, 59 St. R. 594. Attornment by tenant in possession under lease from another than plaintiff who claims under adverse possession to him, does not create relation of land- lord and tenant between them. Donnelly v. O'Day, 1 Misc. 165, 48 St. R. 709 Transfer by sublessor of his entire interest in demised premises constitutes assignment of lease. Stover v. Chas.se, 6 Misc. 394, 56 St. R. 333. Such trans- fer may be made in form of new lease. Id. Fact that second lease reserve; different rent or right to re-enter for breach of condition, is immaterial. Id. Such lease may maintain summary proceedings to remove former tenant of his former lessor from premises for nonpayment of rent. Id. Assignment of sublease carries with it no title to maintain summary proceed- ings. Kelly V. Smith, 41 St. R. 620. Petition. — Under section 2235 of Code, petition need not name defendant if persons against whom proceeding is instituted are intelligently describe( therein. Ash v. Purnell, 16 Daly, 189. Designation of occupants in petition in summary proceedings, " as assignees or undertenants," is not allegation that they were assignees of lease. Drum- mond V. Fisher, 43 St. R. 135. Allegation in summary proceedings that certain persons hold over as " as signees or undertenants," does not involve admissiop of fact of assignment of lease. Drummond v. Fisher, 45 St. R. 283. 888 clbek's assistant. Adjournment. — District Court clerk may, upon return of precept in absence of justiee, adjourn matter to subsequent day. Deuterman v. Wilson, 20 St. R. 101. On such day, justice may receive answer of tenant and proceed to trial. Id. Justice has no power, in absence of answer, to adjourn summary proceedings on his own motion. People ex rel. Allen v. Murray, 3 Misc. 152, 23 C. P. 71 50 St. E. 535; afif'd, 51 id. 935. No. 34. Petition to Remove Tenant for Nonpayment of Bent after Notice. (Id., §§ 2231, 2235.) County of , ss.: To , Esq., a Justice of the Peace of the of : The petition of respectfully shows, that your petitioner. . . , the owner . . in f eeS dr of the real property, house, and premises situated in, the .' of , in said county, described as follows : ^. . . . That on or about the' day of , 19 ... , your petitioner . . , as landlord . . , let and rented ^ i . . .. .,. ..■ ; the said real property, house, and premises unto , for the term of , from the day of , 19 . . . , at the rent of dollars, payable T That said now justly indebted to your petitioner . . in the sum of dollars, for the rent of the said real property, house, and premises, pursuant to the agreement under which the same are held as aforesaid, to'-wit : for rent, due by the terms of said agreement, on the day of , 19. . . ; and your petitioner. . further show. ., that . .he A hav/ caused at least three days' notice in writing to be duly served upoh said , on the day of , 1 9 . . . , as appears by the affidavit hereto annexed, requiring in the alternative the payment of the rent or pos- session of the premises ; that said rent has not been paid or any part thereof. That said hold . . over and continues in possession of the said demised real property, house, and premises,8 after a default in the payment of rent, without the permission of your petitioner . . , . . h . . said land- lord. . Your petitioner. . pray. . for a final order removing said as tenant, , as undertenant, and , as assigns . . from said real property, house, and premises, pursuant to law. Dated, the day of , 19 . . . Petitioner. ' If not owner in fee, state interest en- and what portion, if only part. Code, titling to possession. Code, § 2235. §§ 2231, 2235. ' If original tenant has died, underiet « If only part, state what part. Code, or assigned the premises, or any part % 2231. thereof, state the facts and to whom, LANDLORD AND TENANT. 889 , County of , ss.: , being duly swovn, say . . , . . he . . , the petitioner . . libmed in and who signed the foregoing petition; that said petition is wu^Id . .h. . own knowledge, except as to the matters therein stated to be alleged oflilnformation and belief, and that as to those matters . .he. . believe. . it to be true. Subscribed and sworn to before me, this j day of ..." ,19... j Justice of the Peace. No. 35. Petition to Bemove Tenant Holding Over. (Id.) , County of , ss.. To , Esq., a Justice of the Peace of the of ; The petition of respectfully shows that your petitioner , the owner . . in fee^ of the real property, house, and premises situated in the of , in said county, described as follows : That on or about the day of , 19 ... , your petitioner . . , , as landlord. .-, let and rented the said real property, house, and premises unto , for the term of , from the ...... day of , 19. . ., which said term has expired.io ^ That said hold . . over and continues in possession of the said demised real property, house, and premises," after the expiration of . . h . . said term without the permission of your petitioner . . , . . h . . said landlord. . Whereupon your petitioner. . pray. . for a final order removing said as tenant, as undertenant . . and as assign . . f ronv said real property, house, and premises, pursuant to law. Dated, the day of , 19 . . . , Petitioner. , County of , ss.. , being duly sworn, say . . , . . h , the petitioner . . named in and who signed the foregoing petition; that said petition is true to . .h. . own knowledge, except as to the matters therein stated to be alleged on informa- tion and belief, and that as to those matters . .he. . believe. . it to be true. Subscribed and sworn to before me, this ) day of ,19... f Justice of the Peace. ' If not owner in fee, state interest en- and wtiat portion, if only part. Code, titling to possession. Code, § 2235. §§ 2*231, 2235. '" If originaf tenant has died, underlet " If only part, state what part. Code, or assigned tlie premises, or any part § 2231. tbereof, state the facts and to whom, 890 clerk's assistant. No. 36. Petition to Remove Tenant at Will. (Id., §§ 2231, 2235, 2236.) , County of , ss.: To , Esq., a Justice of the Peace of the of : The petition of respectfully shows that your petitioner. ., the owner . . in f eelia of the real property, house, and premises situ- ated in the of , in said county, described as follows : That on or about the day of , 19 ... , your petitioner . . , as landlord . . , let and rented the said real property, house, and premises unto for the term of , from the day of , 19. . ., which said term has expired. Your petitioner . . further show . . that the said ha . . held and occupied the said real property, house, and premises as the tenant at will of your petitioner, , from the day of said letting and renting, as afore- said, until the expiration of such tenancy as hereinafter mentioned. Your petitioner. . further show. . that on the day of , 19. . ., . . he . . caused a notice in writing to be served upon the said , re- quiring the said to remove from the said premises within one month.l2 That the time within which the said was required to re move has expired. That said hold . . over and continues in possession of the said demised real property, house, and premises,13 after the expiration of . . h . . said term without the permission of your petitioner . . , . . h . . said land- lord . . Your petitioner . . pray . . for a final order removing said as tenant . . , , as undertenant . . , and as assign . . from said real property, house, and premises, pursuant to law. Dated, the day of , 19 . . . Petitioner. . , County of , ss.: , being duly sworn, say. . . .h the petitioner. . named in and who signed the foregoing petition ; that said petition is true to . . h . . own knowledge, except as to the matters therein stated to be alleged on informa- tion and belief, and that as to those matters . .he. . believe. . it to be true. Subscribed and sworn to before me, this 1 day of ,19... i Justice of the Peace. "a If not owner In fee, state Interest " If only part, state what part. Code, entitling to possession. Code, f 2235. § 2231. ■=31 N. T. 453; 48 Barb. 551; 15 Hun, 475. LANDLORD AND TENANT. 891 No. 37. Precept to Bemove Tenant for Nonpayment of Bent after Demand. (Id., § 2238.) , County of , ss.: The People of the State of New York, to , Greeting: Whereas, ha. . presented to me, the undersigned, a justice of the peace of the of , in said county, a petition duly verified, showing that . . he . . , the owner . . in feel* of the real property, house, and premises situated in the of , in said county, ' described as follows : That on or about the day of , 19 ... , said petitioner . . , , as landlord . . , let and vented the said real property, house, and premises unto for the term of , from the day of , 19 . . . , at the rent of , payableis That you, said , are now justly indebted to said petitioner . . in the sum of dollars for the rent of said real property, house, and premises, pursuant to the agreement under which the same are held, as aforesaid, to wit : for rent due by the terms of said agreement on the day of , 19 That on the day of 19. . ., at o'clock in the noon, at said real property, house, and premises, said peti- tioner . . duly demanded said rent of you, said , which you then and there refused to pay. That said rent has not been paid, nor has any part thereof. That you, said , hold over and continue in possession of said real property, house, and premises after demand of said rent has been made, with- out the permission of said petitioner . . , your said landlord . . , and praying for a final order removing you, said , as tenant . . , j/om, said , as undertenant . . , you, said , as assign . . ,18 from said real property. house, and premises, pursuant to law : Now, therefore, you, the said , are hereby required forthwith to remove from said real property above described, or to show cause before me as such justice of the peace, at , in said of , on the day of , 19 . . . , at o'clock in the noonjlT why possession of the said real property should not be delivered to the petitioner . . Witness my hand, this day of , 19 . . . Justice of the Peace. '» If not owner In fee, state Interest en- " Erase such of the words in Italics as titling to possession. Code, § 2235. are unnecessary. ^ If original tenant has died, underlet " For time when to be returnable see or assigned the premises, or any part Code, § 2238. thereof, state the facts and to whom, and what portion, if only part. Code, §9 2231, 2235. 892 clebk's assistant. No. 38. Indorsement. (Id., § 2241, title 2, chap. 17.) A person, to whom a, copy of a precept, directed to another is delivered, as prescribed in this title, must, without any avoidable delay, deliver it to the person to whom it is directed, if he can be found within the same town, or city ; or, if he cannot be so found, to his agent therein ; and if neither can be so found, after the exercise of reasonable diligence, before the time when the pre .cept is returnable, to the judge or justice who issued the same, at the time of the return thereof, with a written statement indorsed thereupon, that he has been unable, after the exercise of reasonable diligence, to find the person to whom the precept is directed, or his agent, within the town or city. A per son who willfully violates any provision of this section is guilty of a misde meanor; and, if he is a tenant upon the property, forfeits to his landlord the value of three years' rent of the premises occupied by him. A copy of this section must be indorsed upon each copy of a precept served otherwise than personally, upon the person to whom it is directed. No. 39. Precept to Kemove Tenant for Nonpayment of Bent after Notice. (Id., i 2238.) County of , ss.: The People of the State of New York, to , Greeting : Whereas, ha . . presented to me, the undersigned, a justice of the peace of the of , in said county, a petition duly verified, showing that . . he , the owner . . in feel* of the real property, house, and premises situated in the of , in said county, described as follows : That on or about the day of , 19 ... , said petitioner . . , , as landlord . . , let and rented the said real property, house, and premises unto for the terra of , from the day of , 19 ... , at the rent of dollars, payablel9 That you, said , are now justly indebted to said petitioner . . in the sum of dollars, for the rent of the said real property, house, and premises, pursuant to the agreement under which the same are held, as afore- said, to wit : for , rent due by the terms of said agreement, on the day of , 19 . . . That said petitioner . . ha . . caused at least M If not owner in fee, state interest en- thereof, state the facts and to whom, titling to possession. Code, § 2235. and what portion, if only part. Code, '» If original tenant has died, underlet §§ 2231, 2235. or assigned the premises, or any part LANDLORD AND TENANT. 893 three days' notice in writing, to be duly served upon you, said , re quiring, in the alternative, the payment of the rent or possession of the prem- ises; that said rent has not been paid, nor has any part thereof. That you, said . , hold over and continue in possession of said de raised real property, house, and premisesZO , after a default in the payment of rent, without the permission of said petitioner . . , your said land lord . . , and praying for a final order removing you, said , as ten- ant . . , you, said as undertenant . . , you, said , as assign. .21 from said real property, house, and premises, pursuant to law: Now, therefore, you, the said , are hereby required forthwith to remove from said real property above described, or to show cause before me, as such justice of the peace, at , in said of , on the day of , 19 . . . , at o'clock in the noon,22 why possession of the said real property should not be delivered to the peti tioner Witness my hand, this day of , 19 . . . Justice of the Peace. (Indorsement as in No. 38.) No. 40. Precept to Bemove Tenant Holding Over. (Id.) County of , ss.: The People of the State of New York, to , Greeting : Whereas, ha . . presented to me, the undersigned, a justice of the peaije of the of , in said county, a petition duly verified, showing that . . he . . the owner . . in fee of the real property, house, and premises situated in the of , in said county, de scribed as follows: That on or about the day of , 19 ... , said petitioner . . , , as landlord . . , let and rented the said real property, house, and premises unto for the term of , from the day of , 19. . ., which said term has expired.23 That you, said , hold over and continue in possession of said real property, house, and premises after the expiration of . .h. . said term, without the permission of said petitioner . . , your said landlord . . , and praying for a final order removing you, said , as tenant . . , you, said , as undertenant . . , you, said , as assign . . ,21 from said real property, house, and premises, pursuant to law: =» H only part, state what part. ^ If original tenant has died, underlet 2' Erase such of the words In Italics as or assigned premises, state facts. Code, are unnecessary. If 2231, 2235. ^ For time when returnable see Code, § 2238. 894 Now, therefore, you, the said , are hereby required forthwith to remove from said real property, above described, or to show cause before me as such justice of the peace, at , in said of on the day of , 19 . . . , at o'clock in the noon,22 why possession of the said real property should not be delivered to the peti- tioner . . , Witness my hand, this day of , 19 . . . Justice of the Peace. (Indorsement as in No. 38.) No. 41. Precept to Bemove Tenant at Will. (Id.) County of , ss.: The People of the State of New York, to , Greeting: Whereas, ha. . presented to me, the undersigned, a justice of the peace of the of , in said county, a petition duly verified, showing that . . he the owner . . in f ee24 of the real property, house, and premises situated in the of , in said county, described as follows : That on or about the day of , 19 ... , said petitioner . . , , as landlord . . , let and rented the said real property, house, and premises unto for the term of from the day of , 19 . . , which said term has expired.26 That you, said , ha. . held and oecupied26 the -said real property, house, and premises as the tenant at will of said petitioner . . from the day of said letting and renting as aforesaid, until the expiration of such tenancy as hereinafter mentioned. That said petitioner . . , on the day of , 19. . ., caused a notice in writing to be served upon you, said , requiring you to remove from the said premises within one month ;27 that the time within which you, said , was required to re- move has expired. That you, said , hold over and continue in possession of said de- mised real property, house, and premises,28 , after the expiration of said term, without the permission of said petitioner. . . , your said landlord . ■ , and praying for a final order removing you, said , as tenant . . , you, '^ For time when to be returnable see what portion. If only part. Code, §§ 2231, Code, § 2238. 2235. " If not owner in fee, state Interest en- ™ If only part, add In blank " the part titling to possession. Code, § 2235. last above described of." 2»If original tenant has died, underlet "31 N. T. 453; 48 Barb. 551; 15 Hnn, or assigned the premises, or any part 475. thereof, state the facts and to whom, and ^ If only part, state what part. LAKDLOED AND TENANT. 895 , as undertenant . . , you, said , as assign . . ,29 from said real property, house, and premises, pursuant to law: Now, therefore, you, the said , are hereby required forthwith to remove from said real property above described, or to show cause before me, as such justice of the peace, at , in said of , on the day of , 19 . . . , at o'clock in the noonS" why possession of the said real prop'-rty should not be delivered to the petitioner Witness my hand, this day of , 19 . . . (Indorsement as in No. 38.) Justice of the Peace. No. 42. Affidavit of Personal Service on Tenant. (Id., §§ 2240, 2243.) . , County of , ss.: . . ., being duly sworn, says he is over years of age ; that deponent did on the day of , 19 ... , before o'clock in the noon, at , in the of , in said county, personally serve the annexed precept upon , the person . . to whom it is directed, by delivering a copy of said precept, with a copy of section 2241 of the Code of Civil Procedure indorsed thereon as upon the annexed original,3l to said , and to each of them, and leaving a copy of said precept with . . h . . , and each of them, and at the same time showing . .h. ., and each of them, the annexed original precept. Subscribed and sworn to before me, this i day of ,19... ) Justice of the Peace. No. 43. Affidavit of Service by Fixing on Property. (Id.) County of , ss.: , being duly sworn, says he is over years of age; that on the day of , 19. . ., the person. . to whom the annexed precept is directed had32 dwelling-house in the of , in which the property described in the annexed precept is ^ Erase such of the words In Italics as "■ 10 N. Y. St. Hep. 268. are unnecessary. ^' " A " or " no." ^ For time when to be returnable see Code, S 2238. 896 clebk's assistant. situated; that deponent on said last-mentioned day liad the annexed precept in his possession for service upon said That deponent, at the of , on that day, made diligent inquiry for the said among other persons of , and in good faith made dili- gent inquiry and efforts to find said , and to serve the annexed precept upon . .h. . personally, but was unable so to do. That deponent on said day of , 19 ... , at about o'clock in the noon, having the annexed precept in his possession for service upon said for the purpose of serving said precept upon said , went to . .h . . said dwelling-house in said of , but . .he. . w. . absent therefrom, and there was no person at said dwelling- house who resides there, and deponent could find no person there; that de- ponent remained at said dwelling-house for some time, but the same was locked, and admittance thereto could not be gained.33 That deponent thereupon between o'clock in the noon and o'clock in the noon of said day of , 19. . ., still having the annexed precept in his possession for service upon said , as aforesaid, went to the property sought to be recovered in the of , and described in the annexed precept, and made diligent effort and search to find some person residing or employed there, but could find no person residing or employed there, whereupon deponent, on said day of , 19 ... , betwwen o'clock in the noon and o'clock in the noon, affixed a copy of the annexed precept, with a copy of section 2241 of the Code of Civil Procedure indorsed thereon as upon the annexed original,34 upon a conspicuous part of the said property sought to be recovered and described in the annexed precept, to- wit: Upon that being a conspicuous place thereon. Subscribed and sworn to before me, this ) day of ,19... t > Justice of the Peace. No. 44. Affidavit of Service on Tenant by Leaving at Bwelling-HouBe. (Id.) , County of , ss.: , being duly sworn, says he is over years of age; that • •■ ■ the person. . to whom the annexed precept is directed, resides, and did on the day of the service as hereinafter stated, reside in the of , in which the property described in the annexed precept is situated; " If no dwelling house in town erase " 10 St. R. 268. allegations as to going there. LANDLORD AND TENANT. 897 that deponent did on the day of , 19 ... , before o'clock in the noon, serve the annexed precept upon , the person . . to whom it is directed, by delivering a copy thereof, with a, copy of section 2241 of the Code of Civil Procedure indorsed thereon as upon the anne-Kcd original,35 at the dwelling-house of said , in said of , to , a person of suitable age and discretion, to-wit : About years of age, who resides, and then resided there. That at the time when deponent so made such service as aforesaid, said , the person . . to whom such precept was directed, was absent from . . h . . said dwelling-house. Subscribed and sworn to before me, this ) day of ,19... ) Justice of the Peace. No. 45. Answer of the Tenant Denying Some Material Fact Stated in the Peti- tion Hade by the Landlord. Albany County, ss. : C. D., of Berne, in said county, in this, his answer, shows that he doth not owe to the said A. B. the sum of $100 for the rent of the house and lot occu- pied by this deponent, in the village of Berne, as is alleged by the said A. B., in an affidavit lately made before S. T., Esq., the judge of Albany county, and on which proceedings have been had before the said S. T., to remove this de- ponent from the possession of said pnemises. C. D. Note. Answer. — ^Answer, which alleges subsequent unexpired lease and payment of rent thereunder, raises issue. Matter of Wright, 42 St. R. 455. When person residing upon premises may serve verified answer. Id. Only answer authorized is one denying allegation of petition. Bloom v. Huyck, 71 Hun, 252, 54 St. R. 477. That full amount of stipulated rent is not due, is no answer to petition. Barnum v. Fitzpatrick, 46 St. R. 891. Counterclaim cannot be pleaded in summary proceedings. Id. Defendant, in summary proceedings, may serve a denial of some specific al- legation in petition. Durant L. I. Co. v. E. R. E. L. Co., 15 Daly, 337, 25 St, R. 928. Under such defense, he may prove that he is not in default in pay- ment of rent. Id. He may claim, under it, apportionment of rent, if lease provides for it. Id. He may show no rent due and payable. Id. Under denial, tenant may prove that lease is void, as being part of usurious agreement. Dickinson v. Price, 64 Hun, 149, 45 St. R. 159. "' 10 St. R. 268. 57 898 clerk's assistant. In summary proceedings, defendant may set up occupancy, as equitable owner under agreement with plaintiff. Provost v. Ponohue, 21 St. R. 89". Counterclaim cannot be pleaded in summary proceedings' after default in payment of rent. Barnum v. Fitzpatrick, 42 St. R. 179. That full amount of stipulated rent is not payable, is no defense. Id. Tenant may prove payment, or that no rent is due under denial of averment that rent is due. Id. Under covenant in lease for renewal on notice, giving of due notice creates renewed term and constitutes defense to summary proceedings to dispossess for holding over. Hausauer v. Dahlman, 72 Hun, 607, 55 St. R. 139. Summary proceedings against tenant is not to be discontinued on account of answer setting up claim of title to land. People ex rel. Baldwin v. Goldfogle, 23 C. P. 417, 62 St. R. 70. Greneral appearance waives defects in precept in summary proceedings. Grafton v. Brigham, 70 Hun, 131, 54 St. R. 103. No. 46. Precept to Summon a Jury when the Tenant IVCakes Defense. Albany County, ss.: To the Sheriff, or any Constable of said County, Greeting: Whereas, I, the undersigned, a judge of the said county, in order to form a jury to try certain matters in controversy between A. B., landlord, and C. D., tenant, have in due form of law nominated E. F., etc. ( naming them ) , twelve reputable persons, qualified to serve as jurors in courts of record: You are, therefore, hereby commanded, in the name of the People of the State of New York, to summon the above-named persons so nominated to appear be- fore me, at my office in the village of Berne, on the day of , to try the said matters in difference between the said parties. Dated, at Berne, this day of , in the year 19 . . . S. T., Judge, etc. No. 47. Subpcena to Appear and Testify. Albany County, ss. : The People of the State of New York, to : You, and each of you, are hereby commanded and required to appear before me, judge of said county, at my office, in the village of Berne, on the day of , to testify before me (or, before a jury), touching the mat- ters in controversy between A. B., landlord, and C. D., tenant, relative to the summary removal of such tenant from the premises of the said A. B., on the part of the said A. B., and hereof fail not at your peril. Given under my hand this day of , 19. . . S. T., Judge, etc. LANDLORD AND TENANT. ^U^ No. 48. Warrant to Bemov-e Tenant for Nonpayment of Bent After Demand — Default. (Id., §S 2249, 2251.) The People of the State of New York, to the Sheriff of the County of , and to any Constable or Marshal of the of , in the County of , Greeting: Whereas, presented to me, the undersigned, a justice of the peace of the of , in said county, a, petition, duly verified, show- ing, among other things, that on the day of , 19 ... , . . h . . w . . the owner . . in fee of , the real property, house, and premises, situate in the of , in said county, and de- scribed as follows: That on or about the day of , 19 ... , said petitioner. . , as landlord . . , let and rented the said real property, house, and premises unto for the term of from the day of , 19 . . . , at the rent of dollars, payable That said was justly indebted to said petitioner. , in the sum of dollars for the rent of the said real property, house, and premises, pursuant to the agreement under which the same are held as aforesaid, to- wit: For rent due by the terms of said agreement on the day of , 19 ... , that on the day of , 19 ... , at o'clock in the noon, at said real property, house, and premises, said peti- tioner . . duly demanded said rent of said which . . h . . then and there refused to pay. That said rent has not been paid, nor has any part thereof; nevertheless that the said held over and continued in pos- session of said real property, house, and premises after the expiration of such term, without the permission of said petitioner . . , said landlord . . , and praying for a. final order removing said from said real property, pursuant to law: Whereupon I issued a precept requiring the said forthwith to remove from the said real property, above described, or to show cause before me, as such justice of the peace, at , in the of , in said county of , on the day of , 19 ... , at o'clock in the noon, why possession of said real property should not be delivered to the said petitioner . . ; and, at the time and place last men- tioned, due proof of the due service of said precept having been made : And sufficient cause not having been shown at the time when such precept was returnable; and I having duly made a final order awarding to said the delivery of the possession of the said real property : You are, therefore, hereby commanded to remove all persons from the real property above described, and to put the aforesaid petitioner . . , the said , into the full possession thereof. Witness my hand, this day of , 19 . . . Justice of the Peace. 900 cleek's assistant. Note. Verdict. — District Court justice has no power to direct verdict in summary proceedings. Horn v. Prior, 22 St. R. 237. Warrant. — Warrant is issued when delivered to clerk ready for execution. Ash V. Purnell, IG Daly, 189. Where tenant moves out after final order in summary proceedings, lease is canceled without issuing of warrant. Id. Issu- ing of warrant cancels leases between subtenants. Id. Effect. — Surrender of premises in pursuance of final order in summary proceedings cancels lease, though no warrant is issued. Gallagher v. Reilly, 31 St. R. 556. No. 49. Beturu on Warrant. Pursuant to the command of the within warrant, I have this day put the landlord into full possession of the premises therein mentioned. Dated, this day of , 19 . . . No. 50. Warrant to Remove Tenant for ITonpayment of Bent After Danand — Trial. (Id.) The People of the State of New York, to the Sheriff of the County of , and to any Constable, or Marshal, of the of , in the County of , Greeting: Whereas, presented to me, the undersigned, a justice of the peace of the of , in said county, a, petition, duly verified, show- ing, among other things, that on the day of , 19. . ., . .h. . w . . . the owner . . in fee of the real property, house, and premises situate in the of , in said county, and de- scribed as follows : . ■. : . That on or about the day of , 19 . . . , said petitioner . . , as landlord . . , let and rented the said real property, house, and premises unto for the term of from the day of , 19 . . . , at the rent of dollars, payable That said was justly indebted to said petitioner . . in the sum of dollars for the rent of the said real property, house, and premises, pursuant to the agreement under which the same are held as aforesaid, to- wit: For rent due by the terms of said agreement on the day of , 19 ; that on the day of , 19 . . . , at o'clock in the noon, at said real property, house, and premises, said petitioner . . duly demanded said rent of said , which . . h . . then and LANDLOED AND TENANT. 901 there refused to pay. That said rent has not been paid, nor has any part thereof; nevertheless, that the said held over and continued in pos- session of said real property, house, and premises after tlie expiration of such term, without permission of said petitioner said landlord. ., and praying for a final order removing said from said real property, pursuant to law: Whereupon I issued a precept requiring the said forthwith to remove from the said real property, above described, or to show cause before me, as such justice of the peace, at , in the of , in said county of , on the day of , 19 ... , at o'clock in the noon, why possession of said real property should not be delivered to the said petitioner . . ; and, at the time and place last men- tioned, due proof of the due service of said precept having been made: And whereas, the said , at the time when such precept was re- turnable, filed with me, as such justice, a written answer duly verified, denying generally the allegations, or specially material allegations, of the petition, and the issues so joined having been tried before me, and after hearing the evidence of the parties, I rendered and made a decision in favor of said {or a jury duly summoned for that purpose, who, after hearing the evidence of the parties, rendered a verdict in favor of the said) for the delivery of the pos- session of the said real property to the said , whereupon I duly made a final order awarding to said the delivery of the possession of the said real property; you are, therefore, hereby commanded to remove all per- sons from the real property above described, and to put the aforesaid peti- tioner . . , the said , into the full possession thereof. Witness my hand, this day of , 19 . . . No. 51. Justice of the Peace. Warrant to B>e ss. . County of , ) I, , of , do hereby declare on oath (or, affirm^, pur- suant to statute, that it is ftowo fide my intention to become a citizen of the United States, and to renounce forever all allegiance and fidelity to all and any. foreign prince, potentate, State, and sovereignty whatever; and particu- larly to [or, otherwise naming former allegiance), of wliich {or, whom) I am now a citizen or subject. Sworn ( or, affirmed ) in open court, this i day of , 19 . . . \ No. Page. 1 918 Z 918 3 919 4 920 5 920 6 921 7 921 8 922 Clerk, etc. No. 2. Clerk's Certificate of Declaration of IntentiOK. (M.) COUNTY COURT — County of STATE OF NEW YORK, ) ^^ . County of , ) Be it remembered, that appeared in the County Court of county, and State aforesaid, on the day of , in the year of our Lord 19 ... , and declared on oath before the clerk of the said court that NATUEALIZATIOK. 919 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 whatsoever, and particularlv to the of whoin he is now a Witness, Hon , County Judge of the County of In testimony whereof, the seal of the said court is hereby affixed, this day of , in the year of our Lord 19. . ., and of our independence, the OUrk. No. 3. Petition on Final Application. (U. S. R. S., § 2165; N. Y. S. L. 1895, c. 927, § 3.) COURT — County. In the Matter of the Final Applica- tion of To be Admitted to Become a Citizen of the United States. - Petition. Your petitioner respectfully states: 1. That he was born at , in 2. That he arrived at , in the United States, on the ...... day of ,19... 3. That the grounds on which he claims the right to be naturalized are as follows, namely: That he has resided within the .United States for five years last past, and within the State of New York for one year last past, both con- tinuously, and that your petitioner arrived in the United States under the age of years. 4. That on the day of , 19 . . . , he filed his intention to be- come a citizen of the United States, in the office of the clerk of the court, in the city of , State of 5. That his full name iS ; that his age is years ; that his occupation is ; and that he resides at No , street, in the of , Albany county, State of New York. 6. That the name of the person whom your petitioner intends to summon as the witness at the final hearing upon this application is , who re- sides at No , street, in the of county of Albany, and State of New York. 920 clerk's assistant. 7. That he will make application at a term of this court, to be held at the City Hall, in the city of Albany, on the day of 19. . ., for his final naturalization papers, at 10 o'clock in the forenoon of that day. (Signed.) No. 4. Affidavit of Petitioner. STATE OF NEW YORK, ) J- ss. . County of Albany, ) , being duly sworn, says that he is the applicant herein ; that he has read the foregoing petition and knows the contents thereof, and that the same is true. Sworn to before me, this i (Petitioner's signature.) day of , 19. .. ) No. 5. Affidavit of Witness. (U. S. R. S., § 2165, subd. 3; N. Y. S. L. 1895, e. 927, § 3.) STATE OF NEW YORK, i J- ss. .* County of Albany, ) , being duly sworn, says, that his full name is ; that he resides at No , street, in the of , county of Albany, and State of New York ; that his occupation is ; that he is a citizen of the United States, and that he is personally well ac- quainted with the petitioner; that said petitioner will have resided for five years within the United States, and one year within the State of New York, immediately preceding the day of , 19. . ., the return day of the petition in the above-entitled proceeding, and that during that time the said petitioner has behaved as a man of good moral character, attaxihed to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the same. 1 2 Deponent further says, that he verily believes that for the two years last past it has been the bona fide intention of the petitioner to become a citizen of the United States, and that the grounds of his belief are as follows, viz.: Sworn to before me, this 1 (Witness' signature.) day of , 19.. . j" '■ If necessary, add all allegations re- '' To be used only in case ol miaors ap- quired by §§ 2166 and 2174 of the United plying under § 2167 of the United States States Revised Statutes. Revised Statutes. See L. 1895, c. 927, § 8. NATURALIZATION. 921 No. 6. Oath of Allegiance. COURT, I County, )**■■" I, , of , do hereby solemnly declare on oath ( or, af- firm), pursuant to statute, that I will support the Constitution of the United States, and that I do absolutely and entirely renounce and abjure allegiance and fidelity to every foreign prince, and particularly to , of which I was before a citizen and subject; and I do hereby expressly renounce the title of , by me heretofore held or borne, or to which I am entitled. And I do declare on oath (or, affirm), that it is hona fide my intention to become a, citizen of the United States, and that such has been my intention for the past two years. (Jurat.) The last clause must be added for a minor who has never, by reason of kis minority, filed his declaration of intention. (U. S. R. S., § 2167.) No. 7. Order of Admission. COUNTY COURT — Countt. STATE OF NEW YORK, ) , V County of Be it known, that on the day of , in the year of our Lord 19. . ., appeared in the County Court, in and for the county and State aforesaid, and applied to the said court to be admitted to become a citi- zen of the United States of America, pursuant to the acts of Congress of the United States of America and the laws of the State of New York in relation to naturalization. And the said , having thereupon produced to the said court such evidence and made such declarations and renunciations, and taken such oaths as are by said acts required : It is ordered by the said court, that the said be admitted, and he is accordingly hereby admitted and declared by this court to be a citizen of the United States of America. Witness, Hon , Judge of the Court of the County of 022 clerk's assistant. In testimony whereof, the seal of the said court is hereunto affixed, the day of , 19 ... , in the year of the independence of the United States. By the court. Oterk. No. 8. Certificate of Citizenship. STATE OF NEW YORK, j Supreme Court, County of Albany, f Be it remerabered, that on the day of , in the year of our Lord 19. . ., A. B., late of Liverpool, in the kingdom of Great Britain, at pres- ent of the city of Albany, State of New York, appeared in the Supreme Court of the county of Albany, State of New York (the said court being a court of record, having common-law jurisdiction, and a clerk and seal), and applied to the said court to be admitted to become a citizen of the United States of America, pursuant to the directions of the acts of Congress of the United States of America, in relation to naturalization: And the said A. B., having thereupon produced to the court such evidence, made such declaration and re- nunciation, and taken such oaths as are by the said acts required: There- upon it was ordered by the said court that the said A. B. be admitted, and he was accordingly admitted by the court a citizen of the United States of America. In testimony whereof, I have hereunto set my hand and affixed the seal of the said court, this day of , 19 ... , in the year of the independence of the United States. By the court. C. D., Clerk, (i. a.) No. 9. Affidavit of Besident Alien to Hold Beal Xstate. STATE OF NEW YORK, ) County of Albany, ) A. B., being duly sworn {or, affirmed), says, that he is a resident of the (State of New York), and intends always to reside in the United States, and to become a citizen thereof as soon as he can be naturalized, and that he has taken such incipient measures as the laws of the United States require to enable him to obtain naturalization. A. B. Sworn, etc. NOTAEIES PtJBLIC NOTICES. 923 CHAPTEE XLIV. NOTARIES PUBLIC. The office of notary public is a very ancient one. His duties have been somewhat varied at different periods, but under both the Civil and the Common I^aw, generally speaking, one of the most important of those duties was the authentication of private writings; that is, he, as a public officer, certified, under his hand and official seal, that the parties to an instrtiment actually exe- cuted it before him and " acknowledged " such execution. Furthermore, the notary is required to certify either that he is personally acquainted with the persons making such acknowledgments, or that their identity was proven to him in the manner stated in his certificate. If the latter method is adopted, the statuses of most States require that the certificate of the notary shall contajn the name and address of the witness or witnesses who identified the grantor, together with the substance of their testimony on that point. Such expressions as " proven, to my satisfaction to be " the grantor, while good under the stat- utes in some jurisdictions, are not safe unless there is clear statutory author- ity for them. The first duty of the notary in a case of acknowledgment is to identify the person appearing before him as the identical person who signed or otherwise executed the instrument. The efficacy of his act depends entirely upon his care in this respect. An instrument once properly acknowledpfed becomes gen- erally speaking, admissible in evidence without further proof of its execution, so it is obvious that notaries should exercise gieat care as to identity. Import- ant litigations have sometimes turned on the question of whether or not the notary was actually acquainted with the person whose acknowledgment he has taken. Carelessness in this respect has also been harshly criticised by the courts, and the evil is considered so serious that penal statutes have been en acted looking to the abatement of it. Thus, in New York, for a notary to cer- tify the acknowledgment of a. person who did not, in fact, appear before him. or acknowledge ,the instrument, constitutes the oflFense of forgery in the first degree, punishable by imprisonment not exceeding ten years. The same strictness as to identity is not usually required in affidavits, al though there is no obvious reason why it should not be. Under the Civil Law, the notary is almost invariably the depositary of the document after it is executed before him. Instead of " recording " conveyances of real property, they are deposited with the notary before whom they are exe- cuted. A discussion of how far such deposit acts as a notice to subsequent purchasers and incumbrancers, is beyond the scope of such a work as this. The forms which a notary is required to use will be found under the various titles, such as Acknowi^dgments, Conveyances. Protests, etc. CHAPTEE XLV. NOTICES. Notices, in law, are either actual or constructive. For example, all the world has constructive notice of a properly acknowledged deed or mortgage duly re- corded, affecting specific real property, and those dealing with it thereafter are deemed to do so with full knowledge of the contents of such a deed or mortgage There are other notices which are actual in themselves, but are constructive in their operation. Thus, a notice of the pendency of an action is constructive notice to all parties subsequently dealing with the property affected by the suit in which the notice is given. Likewise, a notice of a mechanic's lien, which is, in fact, an actual notice, addressed to the county clerk in New York, and 024 gleek's assistant. filed in his office, is constructive notice to all parties who become interested in the property affected thereby after the filing of the notice of lien. There is still another class of constructive notices; such, for example, as arises from the possession or occupation of property ; it being a general i ule that possession or occupation of property is notice of at least a claim of title. The forma of notices incident to litigation are, of course, beyond the scope of this work; they are properly found in a book on practice. Precedents would seem not to be necessary for ordinary notices. They in- variably begin: " Please take notice; " which words are followed by the mat- ter as to which it is desired to give notice. They are also addressed to the per- son to whom it is desired to give notice, properly dated and signed by the per- . son giving the notice. Or they may be in the form of a letter merely. The words, " Please take notice," are usually entirely unnecessary. OATHS. See Clerks and Criers. CHAPTEE XL VI. PARTNERSHIP. According to the New York statute, a partnership, as between the members thereof, is an association, not incorporated, of two or more persons who have agreed to combine their labor, property, and skill, or some of them, for the purpose of engaging in any lawful trade or business, and sharing the profits and losses, as such, between them. (L. 1897, c. 420, § 2.) A partnership formed otherwise than in the manner prescribed in this chapter for the formation of a limited partnership is a general partnership. (Id., § 3.) A limited partnership consists of one or more persons, called general partners and also one or more persons called special partners. (Id., § 4.) Every general partner is agent for the partnership in the transaction of its business, and has authority to do whatever is necessary to carry on such busi- ness in the ordinary manner. (Id., § 5.) Every general partner is liable to third persons for all the obligations of the partnership, jointly and severally with his general copartners. (Id., § 6.) A special partner, except as declared in this chapter, is liable for the obliga- tions of the limited partnership only to the amount of the capital invested by him therein. (Id., § 7.) Two or more persons may form a limited partnership, which shall consist of one or more persons of full age, called general partners, and also of one or more persons of full age, who contribute in actual cash payments, a specified sum as capital, to the common stock, called special partners, for the transaction within this State, of any lawful business, except bankins and insurance, by making, severally signing, and acknowledging, and causing to be filed and re- corded in the clerk's office of the county where the principal place of business of such partnership is located, a certificate, in which is stated: 1. The name or firm under which such partnership is to be conducted, and the county wherein the principal place of business is to be located; 2. The general nature of the business intended to be transacted; 3. The names, and whether of full age, of all the general and special partners interested therein, distinguishing which are general and which are special partners, and their respective places of residence : 4. The amount of capital which each special partner has contributed to the common stock; PARTNEESHIP. on which it would expire, is now vested in the commissioner of patents. " The questions which arise on each application for an extension are : '' 1. Is the invention novel f " 2. Is it useful? " 3. Is it valuable and important to the public? " 4. Has the inventor been adequately remunerated for his time and expense in originating and perfecting it? "5. Has he used due diligence in introducing his invention into general use? " The first two questions will be determined upon the result of an examina- tion in the patent office; as will also the third, to some extent. " To enable the commissioner to come to a correct conclusion in regard to the third point of inquiry, the applicant should, if possible, procure the testi- mony of persons interested in the invention, which testimony should be taken under oath. " In regard to the fourth and fifth points of inquiry, in addition to his own oath, showing his receipts and expenditures on account of the invention — by which its value is to be ascertained — the applicant should show, by the testimony of disinterested witnesses on oath, that he has taken all reasonable measures to introduce his invention into general use, and that without default or neglect on his part, he has failed to obtain, from the use and sale of the invention, a, reasonable remuneration for the time, ingenuity, and expense bestowed on the same, and the introduction thereof into use." When any person opposes the extension, testimony is taken on both sides and submitted to the commissioner of patents. Any citizen, or an alien who has resided for one year last past in the United States, and 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 for the same invention, he will be entitled to notice to complete his specification, and have an oppor- tunity of proving his priority of invention. Caveat papers cannot be with- drawn or altered after they have once been filed, but additional papers may be appended, provided they are merely amendatory of the original caveat. 942 Patentees or their assigns are required to affix the date of the patent on each article vended or offered for sale, under a penalty of not less than $100. The following is the tariff of fees of the patent office, established by law: On every application for a patent, except for a design $15 00 On every caveat 10 00 On every application for a design, if for 3% years 10 00 On every application for a design, if for 7 years 15 00 On every application for a design, if for 14 years 30 00 On every additional patent, granted on a reissue 30 00 On issuing each original patent 20 00 On every filing a disclaimer .' 10 00 On every application for reissue 30 00 On granting every extension of a patent 50 00 On every application for an extension 50 00 On every appeal to the commissioner 20 00 On every appeal to the examiner-in-chief 10 00 On every certified 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 $1 00 For recording every assignment, if over 300 and under 1,000 words. . 2 00 For recording every assignment, if over 1,000 words 3 00 For copies of drawings The reasonable cost of making them. It is recommended that the money for the payment of fees should be deposited with an assistant treasurer or other officer authorized to receive the same, taking his certificate and remitting to the patent office. Patent fees may be paid to the commissioner of patents or to the treasurer or any of the assistant treasurers of the United States, or to any of the desig- nated depositaries; national banks or receivers of public money designated by the secretary of the treasury for that purpose ; and such officer shall give the depositor a receipt or certificate of deposit therefor. All money received at the patent office, for any purpose, or from any source whatever, shall be paid into the treasury as received, without any deduction whatever. U. S. R. S., § 4935. The treasurer of the United States is authorized to pay back any sum or sums of money to any person who has, through mistake, paid the same into the treasury, or to any receiver or depositary to the credit of the treasury as for fees accruing at the patent office, upon a certificate thereof being made to the treasurer by the commissioner of patents. Id., § 4936. In contested cases, the deposition of a witness or witnesses may be taken by either party, on reasonable notice being 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 shall have full opportunity to cross-examine the witness or witnesses. And such notice, with the proof of service of the same, must be attached to the deposition, whether the party appear andcross-examine or not. And sufficient notice must also be given of the hearinsf at the patent office for the appearance of the opposite party, and for the transmission of the evidence to the patent office. All evidence taken on depositions shall be sealed and addressed to the commissioner of patents, by the persons before whom it shall be taken, and it shall be so certified on the envelope containing the same. All correspondence with the patent office must be with the commissioner of patents- and all letters or communications for the office must be addressed to him. PATENTS. 943 FORMS IN THIS CHAPTER. (Furnished by J. S. Tomlinson, 608 F street, N. W., Washington, D. C.) No. Page. Petition for letters-patent 1 943 Speciacatiou 2 944 Oath 3 944 Amendment to specification 4 946 Petition and oath for caveat 5 946 Speclflcation 6 94T Oath 7 94T Petition for reissue 8 948 Specification 9 948 Oath 10 94!) Petition for registration of trademark 11 949 Specification 12 950 Declaration 13 950 Petition for design patent 14 951 Specification 15 951 Oath 16 951 Petition for label IT 952 Petition for patent — Canada 18 952 Oath 19 953 Application for British patent — Declaration 20 95o Application for British patent — Power of attorney 21 954 Power of attorney in German 22 954 Patent-right deed 23 K)4 Assignment of application 24 Ofiri Assignment of patent, special 25 955 Assignment of patent, whole 26 956 Assignment of patent, undivided part 27 957 .Assignment before patent 28 958 Assignment before patent, undivided interest 29 9."iN License — Shop right 30 95fi Territorial assignment of patent, special 31 959 Territorial assignment 32 960 License — Not exclusive — With royalty 33 961 Power of attorney 34 962 Associate power of attorney 35 962 No. 1. Petition for Letters-Patent. To the Oommissioner of Patents : Your petitioner . . , , , citizen . . , of , resid- ing at , in the county of , State of , pray. . that letters-patent may be granted to for Improvement. . in as set forth In the annexed specification. And hereby appoint attorney . , , with full power of substitution and revocation, to prosecute this application, to make alterations and amendments therein, to sign the drawings, to receive the patent, and to transact all business in the patent office connected therewith. Signed at , in the county of , and State of , this day of ,19... (Inventor's full name here.) 944: clbek's assistant. No. 8. Specification. To all Whom it may Concern: Be it known, that , citizen. . of , residing at , in the county of , and State of , ha. . invented certain new and useful improvement. . in , and do. . hereby declare the following to be a full, clear, and exact description of the invention, such as will enable others skilled in the art to which it appertains, to make and use the same ; In testimony whereof, affix signature . . , in presence of two witnesses. (Two witnesses.) (Inventor sign full name here.) No. 3. Oath. State of 1 County of f**'" the above named petitioner, being duly sworn , deposes and says that' citizen of the United States and resident of , county of , State of , that ' verily believe ' , to be the original, first and ^ inventor of the improvements in described and claimed in the annexed specification; that ' do .... not know and do ... . not believe that the same was ever known or used before* , invention or dis- covery thereof; or patented or described in any printed publication in any country before* invention or discovery thereof, or more than two years prior to this application, or in public use or on sale in the United States for more than two years prior to this application; and that no application for patent on said improvement has been filed by » or • representatives or assigns in any country foreign to the United States, except as follows : Sworn to and subscribed before me i this day of , 19 . f 1 He, she, they. * His, her, their. ' Himself, themselres. ' Him, her, them . 'Sole, joint. PATENTS. 945 Note. State courts have jurisdiction, where there is- practically no conflict of claim -other than construction of license. Mayer v. Hardy, 127 N. Y. 125 ; 38 St. R. 62. See 21 id. 61. Action, founded upon breach of contract to use and sell subject of patent, is within jurisdiction of State courts. Hyatt v. Ingalls, 124 N. Y. 93; 35 St. R. 114, aff'g 11 id. 4ll. The State courts have jurisdiction to compel an assignment of a patent taken out by an employee in his own name in violation of the terms of his employ- ment, according to which the invention was to be the property of the employer. Annin v. Wren, 44 Hun, 352. A State court has jurisdiction to decide questions as to the titles of letters- patent; it has, however, no authority to restrain parties from prosecuting ac- tions, alleged to be mailicious, in the Federal courts, against either the purchas- ers, sellers, or users of an article claimed to be an infringement of the patent. €hilds V. Tuttle, 54 Hun, 57; S. C, 26 St. K. 19, 7 Supp. 59, 227. A State court has jurisdiction of an action upon a contract, though it involve the question of the validity of a patent. Middlebrook v. Broadbent, 47 N. Y. 443; S. P., Snow v. Judson, 38 Barb. 210; Saxton v. Dodge, 57 id. 84. A State court has jurisdiction to restrain a patentee from publishing a mali- cious libel concerning the business of a rival patentee who is engaged in selling a similar article. Croft v. Richardson, 59 How. 356. The State courts have jurisdiction of an action on contract, although such Action involves the validity of a patent; they have no authority to restrain a party from using a patent pendente lite, or in any way to pass upon a question ^s to an infringement of the patent right. Continental Store Service Co. v. Clark, 100 N. Y. 365, aiT'g 7 C. P. 183; S. C, 1 How. (N. S.) 497. See Hat- Sweat Meat Mfg. Co. v. Reinochl, 102 N. Y. 167. The State courts have jurisdiction of an action upon an agreement by which, in consideration of a license from the patentee to make and sell an invention, the licensee acknowledges the validity of the patent, Ltipulates that the patentee may obtain reissues, and promises to pay royalties so long as the patent shall not have been adjudged invalid. Hyatt v. Dale Tile Mfg. Co., 125 U. S. 46, aff'g 106 N. Y. 651; 1 Silv. 469. See Hyatt v. Ingalls, 17 J. & S. 375; Creigh- ion V. Haggerty, 18 id. 9. United States Revised Statutes, section 4898, does not relate to unpatented inventions. Jones v. Reynolds, 120 N. Y. 213; 30 St. R. 881, rev'g 7 id. 586. Mere scheme for soliciting business, unregistered, uncopyrighted or not, founded on any certain combination of words, does not possess any property rights protected by law. Bristol v. Eq. L. Assur. Soc, 52 Hun, 161 ; 22 St. R. 515. Agreement to pay royarlty for use of patent, made with patentee who had assigned it, inures to owner of patent. Mann C. Co. v. Gilbert C. M. Co., 69 Hun, 245; 53 St. R. 412. 60 946 Employee is not bound to assign to employer patents for discoveries while working in his employ, and with his materials. Clark v. F. C. Co., 57 Super. 36 ; 23 St. R. 964. Latter has license to use them. Id. Royalties for manufacturing and selling do not accrue until both events hap- pen. People V. Remington & Sons, 59 Hun, 283 ; 36 St. R. 282. Licensee cannot question validity of patent. Skinner v. Walter A. Wood M. & R. M. Co., 140 N. Y. 217; 55 St. R. 568, aflf'g 47 id. 506. To do so, he must put himself in clear and unmistakable attitude of infringer. Id. Notices were held to be insuificient to show that licensee renounced protection of patent. Id. Such notice must emanate from competent authority. Id. Invalidity of patent is not available as defense in action by licensee to re- cover royalties. Herzog v. Heyman, 8 Misc. 27 ; 59 St. R. 305. An agreement to pay royalties as part of purchase price does not make purchaser licensee. Id. Reasons assigned why question of validity or invalidity of patents has no bearing, in this case, upon value of license during certain period. Montgomery V. Waterbury, 2 Misc. 145; 50 St. R. 521, aff'd, 60 id. 869. When specific performance of verbal sale of half interest in patent will be decreed. Spears v. Willis, 69 Hun, 408; 52 St. R. 723. Fact that plaintiff never paid purchase money in absence of demand therefor, is inmiaterial. Id. What constitutes license, and not assignment, of patented article. Tuttle v. La Dow, 54 Hun, 149; 26 St. R. 829. License, to be assignable, must run ex- pressly, or in effect, to licensee and his assigns. Id. Upon purchase of patent, notice of prior unrecorded assignment was imputed to intending purchaser, who had knowledge of facts sufficient to put him upon inquiry. Auburn B. Co. v. Sylvester, 72 Hun, 498 : 54 St. R. 858. The title to a patent cannot pass by mere delivery, but a change in title must be by deed of assignment. Berolzheimer v. Strauss, 19 J. & S. 96; S. C T C. P. 225. No. 4. Amendment to Specification. Examiner's Room. Serial Number. To the Commissioner of Patents: In the matter of application for letters-patent for an improve- ment in filed , 19 . . . , hereby amend specification as follows: No. 5. Petition and Oath for Caveat. To the Commissioner of Patents: The petition of , citizen . . of , residing at , in the county of , State of , represents : Thut ha. . made certain improvements in , and that now engaged in making experiments for the purpose of per-- PATENTS. 947 feeting the same, preparatory to applying for letters-patent therefor, therefore pray. , that the subjoined description of in- vention may be filed as a caveat in the confidential archives of the patent office. And hereby appoint , of , State of , attorney.., witli full power of substitution and revocation, to prosecute this application, to make alterations and amendments therein, and to transact all business in the patent office connected therewith. Signed at , in the county of , and State of , this day of , 19 . . . {Invent»r's full name here.) No. 6. Specification. Be it known, that , citizen . . of , residing at in the county of , and State of , ha . . invented certain new and useful improvements in , and desiring further time to mature the same, file this caveat therefor, and pray . . protection of right until shall have matured inven- tion ; and the following is a description of newly invented , which is as full, clear and exact as able at this time to give, refer- ence being had to the drawing. . hereto annexed. In testimony whereof, affix signature. ., in presence of two witnesses. (Two witnesses sign here.) (Inventor's full name here.) •' iss.: No. 7. Oath. , the above-named petitioner . . , citizen . . of and resi- dent. . of , in the county of , and State of , being duly sworn (affirmed), depose. . and say. . that verily be- lieve to be the original, first, and inventor. . of the im- provement. . in described, and claimed in the foregoing specifica- tion; that do. . not know, and do. . not believe that the same was ever before known or used. (Inventor's full name.) Sworn to and subscribed before me. this i day of ,19... j (Signature of justice or notary public.) (Official character.) (Affix seal here.) N. B. — If the power of attorney is to a firm, the name of each member of the firm must be given in full. 948 If the applicant be an alien, the oath will show of what foreign or sovereign State he is a citizen or subject. If the applicants claim to be joint inventors, the oath will show " that they verily believe themselves to be the original, first, and joint inventors," etc. If by a single inventor, the word " sole " should be inserted. If executed before an officer who is not provided with a seal, the certificate of the clerk of a court of record must be affixed, showing the official character of such officer. No. 8. Petition for Reissue. To the Commissioner of Patents: Your petitioner . . , , citizen , . of , residing at , in the county of , State of , pray. . that may be allowed to surrender the letters-patent for improvement in granted to whereof now sole owners ; and that letters-patent may be reissued to for the same invention, upon the annexed amended specification. With this petition is filed an abstract of title, duly certified, the patent, and the statement required in such cases. And hereby appoint* , of , State of , attorney. ., with full power of substitution and revocation, to prosecute this application, to make alterations and amendments therein, to sign the draw- ings, lo receive the patent, and to transact all business in the patent office connected therewith. Signed at , in the county of , and State of , this day of , 19 . . . No. 9. Specification. Be it known, that, , of , residing at , in the county of , and State of , ha . . invented certain new and useful improvement . . in , and do . . hereby declare the following to be a full, clear, and exact description thereof, such as will enable others skilled in the art to which it appertains, to make and use the same, ref- erence being had to the accompanying drawings, and to the letters of reference marked thereon, which form a part of this specification. In testimony whereof, affix signature. ., in presence of two witnesses. ( JVo witnesses.) (Inventor's full name.) ' ■• He Is " or " they are," or if the * If the power of attorney be given to 1111 tont lias been assigned, the name of a firm, the full name of each member of assignee, stating his assent to the ap- the firm must be Inserted. plication. PATENTS. 949 No. 10. Oath. ■■:::::::::::;:'h^ , the above-named petitioner. ., being duly sworn (affirmed), de- pose. . and say. ., that verily believe. . that the aforesaid letters- patent are inoperative {or, invalid), by reason of , and that the error arose by inadvertence, accident, or mistake, without any fraudulent or decep- tive intent ; thats , the sole owner . . of said letters-patento ; that the invention been patented to himself or to others, with his consent or knowledge in a foreign country^ , and that verily believe to be the original, first, and inventor . . or discoverer . . of the improvement . . in described and claimed in the foregoing specification, and do . . not believe that the same was ever before known or used. Sworn to and subscribed before me, this day of , 19. . . No. 11. Petition for Begistratiou of Trademark. To the Commissioner of Patents: The undersigned present . . herewith a f ac simile of lawful trade- mark, and request . . that the same, together with the accompanying statement and declaration, may be registered in the United States patent office in ac- cordance with the law in such cases made and provided. And hereby appoint attdrney. ., with full power of substitution and revocation, to prosecute this application, to make alterations and amendments therein, and to transact all business in the patent office con- nected therewith. Signed at , in the county of , and State of , this day of , 19. . . (Applicant's full name here.) ° Name of owner of patent, If other set forth the number and date of the than inventor. patent, and add, " that, according to his ' State that the application Is filed with or their knowledge and belief, the same consent of owner. has not been In public use In the United ' If the invention hag been patented In States for more than two years prior to a foreign country, name such country, the application in this country." 950 clekk's assistant. No. 12. Specification. To all Whom it may Concern: Be it known, that, , citizen . . of the United States of America, residing at , in the county of , and State of , and doing business at , ha . . adopted for use a trade- mark for of which the following is a full, clear, and exact specifi- cation : In testimony whereof, affix signature . . , in presence of two witnesses. (Two witnesses sign here.) (Applicant's full name here.) No. 13. Declaration. ;;•'[....• , being duly sworn, depose . . and say . . , that the ap- plicant. . named in the foregoing specification; that verily be- lieve. . that the foregoing statement is true ; that at this time ha. . a right to the use of the trademark therein described; that no other person, firm, or corporation, has the right to such use, either in the identical form or in any such near resemblance thereto as might be calculated to deceive; that it is used by the applicant. . in commerce with ; that the descrip- tion and fae-similes presented for record truly represent the trademark sought to be registered, and that citizen . . of the United States. (Applicant's full name.) Sworn to and subscribed before me, this ) day of , 19.. . \ (Signature of justice or notary.) (Official character.) (Affix seal here.) If the power of attorney be given to a firm, the full name of each mem- ber of the firm must be inserted, or it will be ignored. The first paragraph of the statement should be modified to conform to the circumstances of each applicant. If a firm, the domicile and place of business are required; if a corporation, under what State or other laws incorporated; wliere located and place of business; if a person not an American citizen, of what country he is a citizen, or subject, as the case may be. If the application is made by a firm or corporation, or by a citizen, or subject, of a foreign power, this oath should be made accordingly. On the oath, after the clause "' that it is used in commerce with," name one or more foreign nations, or Indian tribes, as the case may be. The description of the goods on which the trademark is used should be in the same language in tlie first and last paragraphs of the specification. PATENTS. 951 No. 14. Petition for Design Patent. To the Commissioner of Patents : Your petitioner . . , , citizen . . of , residing at , in the county of , State of , pray. . that letters-patent may be granted to for the term of years, for the new and original design for , as set forth in the annexed specifica- tion And hereby appoint attorney . . , with full power of substitution and revocation, to prosecute this application, to make alteration.s and amendments therein, to receive the patent, and to transact all business in "the patent office connected therewith. Signed at , in the county of , and State of , this day of , 19 . . . (Inventor's full name here.) No. 15. Specification. To all Whom it may Concern: Be it known, that , citizen . . of , residing at , in the county of , and State of , ha. . invented and pro- duced a new and original design for , and do . . hereby declare the following to be a full, clear, and exact description of the same, ref- erence being had in the accompanying , forming a part thereof. In testimony whereof, affix signature . . , in presence of two witnesses. (Two witnesses sign here.) (Inventor sign full name here.) No. 16. Oath. ;;■• !■ , the above-named petitioner . . , citizen . . of 8 , and resi- dent. . of in the county of , and State of , being duly sworn, depose. . and say. ., that verily believe to be the original, first and inventor. . of the new and original design for , described and claimed in the foregoing specification ; -that the same has not been patented to , nor to others, with knowledge or consent, in any eountry» ; that the same has not to « If the applicant be an alien, he will been so patented, giving the date and state of what foreign or sovereign State number of each patent; and erase the he Is a citizen or subject. words " in any country " and Insert the » Here insert, If previously patented, words " except In the following coim- ■the country or countries In which It has tries." 952 cleek's assistant. knowledge been in public use or on sale in the United States for more than two years prior to this application, and do . . not know and do . . not believe that the same was ever known or used prior to invention thereof. Sworn to and subscribed before me, this ) (Inventor's full name.) (Signature of justice or notary.) (Official character.) (Affix seal here.) Note. — When convenient always go before a notary public or other officer having a seal. If acknowledged before a justice of the peace, the clerk's cer- tificate must be attached, showing official caoaeity of such justice. No. 17. Petition for Label. To the Commissioner of Patents : The undersigned, , of , county of , and State of , and citizen. . of , hereby furnish. . five copies of a label for , to be used for , of which the sole proprietor . . The said label consists of the words and figures as hereinafter described. And hereby request . . that the said label be registered in the patent office, in accordance with the act of Congress to that effect, approved June 19, 1874. And hereby authorize of , or accredited agents, to act as attorney. . in presenting the application, and ia making all such alterations and amendments as may be required. ( Sign here. ) , Froprietor.. No. 18. Petition for Patent — Canada. To the Commissioner of Patents, Ottawa: The petition of sheweth : That ha . . invented new and useful improvements in not known or used by others before invention thereof, and not being in public use or on sale with consent or allowance as such inventor . . , for more than one year previous to application for a patent thereof in Canada Your petitioner . . , therefore, pray . . , that a patent may be granted to , for the said invention, as set forth in the specification in dupli- PATENTS. 953 cate sent herewith; and, for the purposes of the Patent Act, your petitioner. . elect domicile in the city of Ottawa, Province of Ontario. And your petitioner . . hereby appoint attorney . . , with full' power of substitution and revocation, to prosecute this application for patent, to sign the drawings, to receive the patent, and to transact all business in tlie patent office connected therewith. Signed, , this day of , 19 . . . In the presence of :; \ss.: No. 19. Oath. , of , in the county of , and State of , make oath and say that verily believe that , the inventor. . of the new and useful improvement in described and claimed in the specification in duplicate relating thereto, and for which solicit . . a patent by petition, dated And further say that the several allegations contained in the said peti- tion are respectively true and correct. Sworn before me, at , this ) day of , 19. . . \ (Affix seal here.) No. 20. Application for British Patent — Declaration. , of , in the county of , and State of , United States of America, , do solemnly and sincerely declare that in possession of an invention for ; that , the true and first inventor. . thereof; and that the same is not in use by any other person or persons to the best of knowledge and belief ; and humbly pray that a patent may be granted to for the said invention. And make the above solemn declaration conscientiously believing the same to be true. (Applicant must sign all his names in full before a notary public or court judge whose oflScial seal must be applied.) Declared at , in the county of , and State of , this day of , 19. . . Before me, 954 No. 21. Application for British. Patent — Power of Attorney. , the undersigned applicant . . for a patent for , do . . hereby appoint , of , London, in the county of Middlesex, to act as agents, in respect of such application, and request that all communications relating thereto may be sent to them at the above address. Dated, this day of , 19 . . . (Sign here applicant's name in full. No witness. No notary.) No. 22. Power of Attorney in German. VOIXMACHT. leh Wir Endesunterzeichnete , ernennen hiermit zn Bevollmachtigten und ertheil selben Vollmacht fiir und in Namcn alle nothwendigen Schritte zu thun, um Patent zu erlangen. Demnach bei jedem befugten Amte Eingaben, Gesuche und Bittschriften einzurichen, bei alien hohen Ministerien, Aemtern, Beamten und Commis- sionen zu erscheinen, alle besehreibenden Actenstiieke zu unterzeichnen und gut zu heissen, alle nothigen Protokolle zu verlangen, von Beschreibungen Einsicht zu nehmen oder nehmen zu laasen, alle Taxen einzuzahlen und zuriickzunehmen, dieselben zu quittiren oder die Quittungen in Empfang zu nehmen, alle Gesuche um Verlangerungen oder um Patente auf Zusatze oder Verbesserungen zu maehen, dieselben umzuandern oder zuriickzuziehen, die Durchstreichung alter Aufschriften zu genehmigen, die sehliesslichen Ur- kunden, sowie die dazu gehorigen Aeten in Empfang zu nehmen, gegen Patent zerletzungen einzuschreiten, bei alien Reclamationen, welche wahrend der ganzen Dauer eines Patentes stattfinden konnten, naeh Massgabe des Gesetzes zu vertreten. Zu den bezeichneten Zwecken alle Acten gutzu- heissen und zu unterzeichnen, Domicil zu wilhlen, Submandatare fiir die ganze gegenwartige Vollmachto der einen Theil derselben zu bestimmen und in der verschiedenen Fallen, welche sich zeigen sollten, uberhaupt AUes zu thun. was gesetzlich nothwendig oder nutzlich sein soUte. Versprechend das Ganze als gut und rechtskraftig aufrecht zu halten und es nothigenfalls zu bestatigen. , am , 19. . . (Applicant sign full name.) No. 23. Patent Right Deed. Whereas, did pbtain letters-patent of the United States for certain improvements in , which said letters-patent bear date , and are numbored ; and, whereas, , of desir- PATENTS. 955 •ons of acquiring thereunder : Now, this indenture witneaaeth : That for and in consideration of the sum of dollars, to in liand paid, the receipt whereof is hereby acknowledged, do grant unto the said , and his legal representatives, the exclusive right to make, use, and vend in , and in no other place or places, the in vention secured to by said letters-patent. The same to be held and enjoj'ed by the said , for own use and behoof, and for the use and behoof of legal representatives for the full term of And do hereby declare that have not conveyed to any other party the rights herein transferred to In witness whereof, hereiinto set hand . . and affix seal . . . , this day of , 19 . . . (L. s.) (L. s.) No. 24. Assignment of Application. Know all men by these presents: Whereas, I, of , in the county of , and the State of , have invented certain new and useful improvements in , for which I have prepared and executed an application for letters- patent of the United States, of even date herewith : And whereas, is desirous of acquiring an interest in said inven- tion and in the letters-patent to be obtained therefor: Now, therefore, be it known, tliat for and in consideration of the sum of dollars, to me in hand paid, the receipt whereof is hereby acknowl- edged, I have assigned, sold, and set over, and by these presents do hereby assign, sell, and set over, unto the said , the full and exclusive right, title, and interest in and to the said invention, as fully set forth and described in the said application prepared and executed by me, for his sole use and be- hoof, and for the use and behoof of his legal representatives. And I hereby authorize and request the commissioner of patents to issue the said letters-patent to , as the assignee of , the full and exclusive right, title, and interest in and to the same. In testimony whereof, I hereunto set my hand and affix my seal, this day of , A. D. 19... In presence of two witnesses : ( L. s. ) (t. 8.) No. 25. Assignment of Patent, Special. Whereas, letters-patent of the United States of America, dated the ■day of , A. D. 19 ... , were granted unto for improve- ments in 956 And, whereas, the undersigned, , of , now the exclusive- owner. . of the following described interest, in and to the said invention and letters-patent, to- wit : And, whereas, , of , desirous of acquiring an interest in said invention and letters-patent: Now, therefore, in consideration of dollars, to in hand paid, the receipt of which is hereby acknowledged, , the undersigned. do hereby sell and convey unto the said , heirs and assigns, the following described right, title, and interest in and to said invention and letters- patent, and in and to all reissues and extensions thereof, to-wit : and do covenant and agree with the said , as follows, viz. .- That , the exclusive owner . . of the entire right, title, and interest, herein conveyed, and that ha. . . good right to sell and convey the same Witness hand . . and seal . . , this day of , 19 . . . In presence of (l. s.) (L. s.) (I.. 8.) Notes and dibections. — Every assignment or grant of an exclusive terri- torial right, as well as of an interest in the patent, must be recorded in the patent ofSce within three months from the execution thereof. The receipt of assignments is not generally acknowledged by the office; they will be recorded in their turn within a few days after their reception, and then transmitted to the persons entitled to them. No. 26. Assignment of Patent, Whole. Whereas, , of , in the county of , and State of , did obtain letters-patent of the United States for improvement . . in , which letters-patent are numbered , and bear date the day of , 19 . . . ; and, whereas, , of county of , State of , desirous of acquiring an interest in the same: Now, therefore, to all whom it may concern, be it known, that for and in consideration of the sum of dollar . . , to in hand paid, the receipt whereof is hereby acknowledged the said have sold, assigned, and transferred, and by these presents do sell, assign, and transfer, unto the said , the whole right, title, and interest in and to the said invention, and in and to the letters-patent therefor aforesaid ; the same to be held and enjoyed by the said , for own use and behoof, and for the use and behoof of legal repre- sentatives, to the full end of the term for which said letters-patent are or may PATENTS. 957 T)e granted, as fully and entirely as the same would have been held and enjoyed hy had this assignment and sale not been made. In testimony whereof, hereunto set hand . . and affix seal . . at , in the county of , and State of , this day of , A. D. 19. . . Signed in presence of (Assignor sign full name here.) (Two witnesses sign here.) (r.. s.) (L. s.) Note. — An assignment of patent, in order to hold good in law against any ■subsequent purchaser, must be recorded at the patent office within three months from its date. No. 27. Assignment of Patent, Undivided Fart. Whereas, , of , in the county of , and State -of , did obtain letters-patent of the United States for improvement . in , which letters-patent are numbered , and bear date the day of , 19 . . . ; and, whereas, , of , county of , state of , desirous of acquiring an interest in the same: Now, therefore, to all whom it may concern, be it known that, for and in consideration of the sum of dollar . . , to in hand paid, tlie receipt whereof is hereby acknowledged, , the said , have sold, assigned, and transferred, and by these presents do sell, assign, and transfer unto the said the undivided part of the whole right, title, and interest in and to the said invention, and in and to the letters- patent therefor aforesaid ; the same undivided part to be held and enjoyed by the said , for own use and behoof, and for the use a.id behoof of 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 had this assign- ment and sale not been made. In testimony whereof, hereunto set hand . . and affix seal . . at , in the county of , and State of , this day of '...., A. D. 19. . . Signed in presence of (Assignor sign full name here.) (Two witnesses sign here.) (l. s.) (I., s.) Note. — An assignment of patent, in order to hold good in law against any subsequent purchaser, must be recorded at the patent office within three months irom its date. 958 No. 28. Assignment Before Patent. Wlipreas , of , in the county of , and State of , have invented certain new and useful improvements in for which application for letters-patent of the United States: And, whereas, , desirous of acquiring an interest therein, and in the letters-patent to be obtained therefor : Now, therefore, to all whom it may concern, be it known that, for and ir consideration of dollars, to in hand paid, the receipt whereof is hereby acknowledged, have assigned, sold, and set over and by these presents do hereby assign, sell, and set over, unto the sai(' the full and exclusive right, title, and interest in and to the said invention, as fully set forth and described in the specification prepared and executed by me preparatory to obtaining letters-patent therefor ; and do hereby authorize and request the commissioner of patents to issue the said letters-patent to the said , as the assignee of right, title. and interest in and to the same, for sole use and behoof, and foi the use and behoof of legal representatives. In testimony whereof, hereunto set hand. . and affix seal . . , this day of , A . T). 1!1 . . . In presence of two witnesses: (i.. a.) (L. S.) No. 29. Assignment Before Patent, Undivided Interest. Whereas, , of , in the county of , and State of , have invented certain new and useful improvement . . in for which application for letters-patent of the United States : And, whereas, desirous of acquiring an interest therein, and in the letters-patent to be obtained therefor; Now, therefore, to all whom it may concern, be it known that, for and in consideration of dollars, to in hand paid, the receipt whereof is hereby acknowledged, have assigned, sold, and set over, and by these presents do hereby assign, sell, and set over, unto the said the undivided part of the full and exclusive right, title, and interest in and to the said invention, as fully set forth and subscribed in the specifica- tion prepared and executed by preparatory to obtaining letters- patent therefor ; the same undivided part to be held and enjoyed by the for sole use and behoof, and for the use and behoof of legal representatives, as fully and entirely as the same woul(' have been held and enjoyed by had this assignment and sale not been made ; and do hereby authorize and request the commissioner of PATENTS. 959 patents to issue said letters-patent in accordance with the terms of this assign- ment. In testimony whereof, hereunto set hand . . and a (Fi.\ seal . . , this day of , A. D. 19 . . . (Assignor sign full name here.) Signed in the presence of ( L. s. ) (Two witnesses sign here.) (l. s.) • Note. — An assignment of patent, in order to hold good in law against any subsequent purchaser, must be recorded at the patent oflSee within three month from its date. No. 30. License — Shop Bight. In consideration of the sum of dollars, to be paid by of , in the county of , State of , we do hereby license and empower the said to manufacture in said for which letters-patent of the United States, No , were granted to so manufactured throughout the United States, to the full end of the term for which said letters-patent are granted, to-wit: until Signed and delivered at , in the county of , and State of , this day of , A. D. 19. . . No. 31. Territorial Assignment of Patent, Special. Whereas, , of , in the county of , and State of , did obtain letters-patent of the United States for improve- ment. . in , which letters-patent are numbered , and bear date the day of , 19 . . . And, whereas, , now the sole owner . . of the said patent, and of all rights under the same in the below-recited territory: And, whereas, , of , county of , State of , desirous of acquiring an interest in the same : Now, therefore, to all whom it may concern, he it known that, for and in consideration of the sum of dollars, to in hand paid, the receipt of which is hereby acknowledged, , the said , have sold, assigned, and transferred, and by these presents do sell, assign, and trans- -yeo fer, unto the said all the right, title, and interest in and to the said invention as secured to by the said letters-patent, for, to, and in and for, to, and in no other place or places ; the same to be held and enjoyed by the said within and throughout the above-specified territory, but not elsewhere, for own use and behoof, and for the use and behoof of 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 had this assignment and sale not been made. In testimony whereof, hereunto set hand . . and afibc seal . . at , in the county of , and State of , this day of , A. D. 19 . . . (Assignor sign full name here.) Signed in presence of (l. s.) (Two witnesses sign here.) (L. s.) Note. — An assignment of patent, in order to hold good in law against any subsequent purchaser, must be recorded at the patent office within three months from its date. No. 32. Territorial Assignment. Whereas, , of , county of , State of , did obtain letters-patent of the United States for improvement. . in , which letters-patent are numbered , and bear date the day of , in the year 19. . . ; and, whereas, now the owner . . of the said patent, and of all rights under the same in the below-recited territory ; and, whereas, , of , county of , State of , desirous of acquiring an in- terest in the same: Now, therefore, to all whom it may concern, be it known that, for and in consideration of the sum of dollars, to in hand paid, the receipt of which is hereby acknowledged, , the said , have sold, assigned, and transferred, and by these presents do sell, assign, and trans- fer unto the said all the right, title, and interest in and to the said invention, as secured to by said letters-patent, for, to, and in the State of , and for, to, or in no other place or places ; the same to be held and enjoyed by the said within and t'hroughout the above- specified territory, but not elsewhere, for own use and behoof, and for the use and behoof of legal representatives, to the full end of tthe term for which said letters-patent are or may be granted, as fully and en- PATENTS. 961 tirely as the same would have been held and enjoyed by had this asBignlueut and sale not been made. In testimony whereof, have hereunto set hand. . and affixed seal . . at , in the county of , and State of , this day of , A. D. 19 . . . (Assignor sign full name here.) Signed in presence of ( L. s. ) (Two witnesses sign here.) (l. s.) Note. — An assignment of patent, in order to hold good in law against any subsequent purchaser, must be recorded at the patent office within three months from its date. No. 33. License — Not Exclusive — With Royalty. This agreement, made this day of , 19 ... , between , of , in the county of , and State of , part . . of the first part, and , of , in the county of , and State of , part . . of the second part, Witnesseth, that whereas letters-patent of the United States No , for improvement . . in , granted to the part . . of the first part, dated , 19. . . ; and, whereas, the part. . of the second part. . desirous of manufacturing containing said patented improvement : Now, therefore, the parties have agreed as follows: I. The part. . of the first part hereby licenses and empowers the part. . of the second part to manufacture, subject to the conditions hereinafter named, at their factory in , and in no other place or places, to the end of the term for which said letters-patent were granted, containing the pat- ented improvement . . , and to sell the same within the United States. II. The part. . of the second part agree. . to make full and true returns to the part. . of the first part, under oath, upon the first days of January and July in each year, of all containing the patented improvement. . manufactured by them. III. The part. . of the second part agree. . to pay to the part. . of the first part dollars as a license fee upon every manufactured by said part . . of the second part containing the patented improvement . . ; pro- vided, that if the said fee be paid upon the days provided herein for semi-annual returns, or within ten days thereafter, a discount of per cent, shall be made from said fee for prompt payment. IV. Upon a failure of the part. . of the second part to make returns or to make payment of license fees, as herein provided, for thirty days after the days herein named, the part. . of the first part may terminate this license by serv- 61 962 ASSISTANT. ing a written notice upon the part. . of the second part; but the part. . of the second part shall not thereby be discharged from any liability to the part. . of the first part for any license fees due at the time of the service of said notice. In witness whereof, the parties above named have hereunto set their hands the day and year first above written at , in the county of , State of No. 34. I'ower of Attorney. To the Commissioner of Patents : The undersigned having, on or about the day of , 19. . ., made application for letters-patent for improvements in ( Serial No ) , hereby appoint , attorney, with full power of substitu- tion and revocation, to prosecute said application, to make alterations and amendments therein, to sign the drawings, to receive the patent, and to trans- act all business in the patent office connected therewith, hereby revoking all powers of attorney heretofore given. Signed at , in the county of , and State of , this day of , 19 . . . (Inventor sign full name here.) No. 35. Associate Power of Attorney. The Honorable, Commissioner of Patents: Please recognize , as associate in the prosecution of the application of , filed , No , for improve- ments in , and address all communications relating thereto to him. Signed at , in the county of , , and State of , this day of , 19 . . . PENSIONS. 963 CHAPTEE XLVni. PENSIONS.i A PENSION is a stated and certain allowance granted by the government to an individual, or those who represent him, for valuable services preformed by Mm for the country. Congress, by general laws, has granted pensions to revo- lutionary soldiers, to naval officers and sailors, to members of the army, and of the militia, who have been in actual service a sufficient length of time, and to those who have been wounded or disabled since the Revolution, in United States service. In addition to pensions, bounty lands or military land warrants have been granted to such persons who have been in the service of the United States a sufficient length of time to entitle them to receive them. A declaration must be filed, which must be executed in conformity to the provisions of section 4714, Revised Statutes, or act July 1, 1890. Blank forms for a declaration will be furnished to claimants upon applica- tion therefor, but will not be furnished to attorneys and claim agents. The declaration should set forth the company and regiment in which the ap- plicant served, the name of the commanding officer of the company or organiza- tion, and the dates of enlistment and discharge. In navy cases the vessel upon which the claimant served should be stated. If the claim is made on account of a wound or injury, the declaration should set forth the nature and locality of the wound or injury, the time when, the place where, and the circumstances under which it was received, and the duty upon which the applicant was If the wound or injury was accidental, the applicant should state whether it happened through his own agency or that of other persons, and he should minutely detail the circumstances under which it was received. If the claim is made on account of disability from disease, the applicant should state in his declaration when the disease first appeared, the place where he was when it appeared, and the duty upon which he was at the time engaged. He should also detail the circumstances of exposure to the causes which, in hia opinion, produced the disease. Whether the application be made on account of disability from injury or disease, the claimant should state the names, num- bers, and localities of all hospitals in which he received medical or surgical treatment, giving the dates of his admission thereto as correctly as he may be able. The applicant should state whether he was in the military or naval service prior to or after the term of service in which his disability originated. The applicant should state his post-office address. In cities, the street and number of his residence should be given. The identity of the applicant must be shown by the testimony of two credible witnesses, who must appear with him before the officer by whom the declaration may be taken. A pensioner who may deem himself entitled to an increase of pension should file a declaration setting forth the ground upon which he claims such increase. A declaration for increase of pension, except where a new or different dis- ability than the one for which pension has been granted is alleged, may be taken before any officer duly authorized to administer oaths for general pur- poses, if it should not be convenient for the pensioner to appear before an officer of a court of record. The official character and signature of the person be- fore whom the declaration may be taken must be certified under the seal of a court of record. A declaration for increase of pension in which new disabilities are alleged as a basis for a claim must be executed before an officer of a court of record in ' Instruction and forms furnished by the pension office. 964 cleek's assistant.' the same manner as original declarations, and in accordance with the pro- visions of section 4714, Revised Statutes, or act July 1, 1890. Applications for renewal of pension must be made to the commissioner by a declaration executed as in original claims, setting forth that the cause for which pension was allowed still continues. In cases of unclaimed pensions, evidence must be filed satisfactorily account- ing for the failure to claim such pension ; and, in invalid claims, medical eSvi- dence showing the continuance of the disability. Blank forms of declaration will be furnished by this office at the request of the claimant, but will not be furnished to agents or attorneys. The facts relating to the cause of the soldier's death on account of whom the pension is claimed, including his last illness, and date and place of death, should be set forth fully and in detail, and should be proven by the physicians who attended him during his illness ; but when that is impossible, the testimony of other persons who are acquainted with the circumstances may be furnished. The marriage of the applicant to the person on account of whose service and death the claim is made should be shown: 1 . By a duly verified copy of a church or other public record ; or 2. By the aiBdavit of the clergyman or magistrate who officiated; or 3. By the testimony of two or more eye-witnesses to the ceremony; or 4. By a duly verified copy of the church record of baptism of the children; or 5. By the testimony of two or more witnesses who know that the parties lived together as husband and wife, and who will state how long, within their knowl- edge, such cohabitation continued. Special provision, however, is made by section 4705 of the Revised Statutes in regard to the character of the evidence which shall be required in the claims of widows and children of colored and Indian soldiers and pailors. The dates of birth of children should be proved: 1. By a duly verified copy of the church record of baptism tr other public record; or 2. By the affidavit of the physician who attended the mother ; or 3. By the testimony of persons who were present at the '-irths, who should state how they are able to testify to the precise dates. If any child of the person on whose accoimt the claim is made died after the date at which the widow's pension will commence, the date of the death must be shown. In claims on behalf of minor children, the guardian must furnish proof upon the following points: 1 . A copy of his letters of guardianship, bearing the seal of the court making the appointment, together with the certificate of the court that such appoint- ment has not been revoked; which certificate should also state the amount of the guardian's bond. 2. The cause and date of the father's death, the marriage of the parents, and the dates of birth of the children must be proved. When, however, satisfactory proof upon these points has been furnished in the claim of the widow, it will not again be required in the claim on behalf of the minors. 3. If the mother of the children is dead, the date of her death must be proved. If she remarried, her remarriage must be proved in the same manner that her marriage to the father of the children is required to be proved. If the claim is made on account of the widow having abandoned the children, or on account of her unfitness to have custody of them, the abandonment or unfitness can be shown only by the certificate of the court having probate jurisdiction. 4. If the mother of the children died before the father, it must be shown whether he again married. 5. It must be shown whether the father left any other pensionable child than those for whose benefit the claim is made ; and, if so, why such child is not embraced in the application. A guardian is not entitled on account of a child which died prior to the date of the application. A mother must show her relationship, the date and cause of the son's death, and whether he left a widow or minor children surviving, and her dependence upon him for support at the time of his death. PENSIONS. 965 In proof of dependence it must be shown that previous to the date of the said son's decease, her husband had died, or that he had permanently aban- doned her support, or that on account of disability from injury or disease he was unable to support her. If the husband is dead, the date of his death must be proved. If he abandoned the support of his family, the date of such aban- donment and all the facts of the case showing whether he ever returned or ever afterwards contributed to the support of the claimant must be fully set forth. If he was disabled, the nature and cause of the disability, and when and to what extent it rendered him unable to support the claimant, must be shown by the testimony of his physician. The extent of his disability during the period from the son's death to the present time should also be shown. The value of the property of the claimant and her husband, the income which they derived therefrom, and the other means of support posses&ed by them while she was receiving the contributions of her said son, and from that time to the present, should be shown by the testimony of credible and disinterested witnesses, who must state how they know the facts. The value of property assessed for taxation may be sho^vn by the testimony of the officer having pos- session of the records relating thereto. The true as compared with the as- sessed value should be stated. It must be shown to what extent, for what period, and in what manner her said son contributed to her support, by the testimony of persons for whom the son labored, to whom he paid rent, of who'll he purchased groceries, fuel, cloth- ing, or other necessary articles for her use, or of those who otherwise had a knowledge of the contributions of the son, and who must state how they ob- tained such knowledge. Any letter from the son bearing upon the question of support should be filed. If the son, in any other manner than by actual con- tributions, acknowledged his obligation to support his mother, or was by law bound to such support, the facts should be shown. A father claiming pension, on account of the death of his son, upon whom he ^as dependent for support, must prove: 1. The cause and date of his son's death; that said son left no widow or minor child surviving him; the cause and extent of his disability during the period in which the son contributed to his support, and from that time to the present; the amount of his property and all other means of support possessed by him during that period ; and the extent of his dependence upon his son for support. The facts of the case in these respects should be shown by such tes- timony as is required in the claim of a mother. 2. The date of his marriage, the date of the death of the mother, and the date of birth of the sou must be proved. Tn case the mother applied for pension, reference should be made to her ap- plication, and the number of the same or of her certificate should be given. Evidence upon any point established in her claim will not again be required. The claim on behalf of minor brothers and sisters should be made by a. guardian duly appointed, who must furnish the evidence of his or her author- ity under the seal of the court from which the authority was obtained. He must prove the cause and date of the death of the brother on whose account the claim is made, his celibacy, the dates of death of the mother and father, his relationship to the persons on whose behalf the claim is made, the dates of their births, and their deipendenjce upon the brother for support. If the mother or father applied for pension, the number of his or her application or of his or her certificate should be given. Evidence upon any point established in the claim of the mother or father will not again be required. In the administration of the pension laws no distinction is made between brothers and sisters of the half blood and those of the whole blood. All evidence in a claim for pension may be verified before an officer duly authorized to administer oaths for general purposes ; but no evidence verified before an officer who is engaged in the prosecution of the claim, or who has a manifest interest therein, will be accepted until he shall have renounced, in writing, all such interest. Exceptions to this rule, in extreme and necessitous eases, where a notary public or justice of the peace other than the attorney 966 cleek's assistant. of record cannot be had, are held to be within the discretion of the commis- sioner, but those exceptions are rare. Any officer before whom testimony in a claim for pension may be taken must, therefore, set forth in his certificate that he has no interest in the prosecution of such claim. The official character and signature of the magistrate who may administer the oath must be certified by the proper officer of a court of record under the seal of such court. When the commission of a notary public or a certified copy of his appoint- ment, with his official seal and signature attached, and the certificate of the clerk of a court or other proper officer to the genuineness of the signature, is filed in this office, his own certificate, under his official seal, will be recognized thereafter during his continuance in office; but in the absence of such com- mission or certified copy of his appointment, an affidavit taken before such officer will not be received in any case unless it be accompanied by a certificate of the proper officer showing his authority and the genuineness of his signature. When a general certificate as to the authority and signature of a notary has been filed in this office, upon all papers verified before him thereafter, refer- ence should be made to such general certificate. When a person authorized to act as a deputy of an officer of a court of rec- ord administers an oath to a witness, he must sign his own name to the cer- tificate of the fact, and not that of the person for whom he is acting. It is desirable that the facts required to be proved in the prosecution of a claim for pension should, if possible, be shown by the testimony of other per- sons than near relatives of the claimant. Every fact required to be proved should be shown by the best evidence ob- tainable. Every witness should state whether he has any interest, direct or indirect, in the prosecution of the claim in which he may be called to testify, and give his post-office address. Witnesses should not merely confirm the statements of other parties, but they should give a detailed statement of the facts known to them in regard to the matter concerning which they may testify, and they should state how they obtained a knowledge of such facts. The officer who may take the deposition must certify as to his knowledge of the credibility of the witnesses, and must state how such knowledge was obtained. If they sign by mark, he must cer- tify that the contents of their depositions were fully made known to them before he administered the oath. It is desirable that affidavits should be free from interlineations and era- sures. When an alteration is made in an affidavit, or an addition is made thereto, it must appear by the certificate of the officer who administered the oath that such alteration or addition was made with the knowledge and sworn consent of the affiant. In all affidavits from surgeons or physicians, it is desirable that that portion detailing the nature of the disability, dates of treatment, and death, symptoms and opinions as to connection between diseases, or injury and disease, should be in the handwriting of the party by whom it is signed. The testimony of any person as an expert should be drawn up by some one professionally competent to make such a statement. The official certificates of judicial officers using a seal, or of commissioned officers of the army and navy in actual service, will be accepted without affi- davit; but all other witnesses must testify under oath. There is no provision of law granting army pension for service in any In- dian war since the Revolution. Pensions are allowed for said wars only to those who were wounded or injured or contracted disease in line of duty, or to the widows and children under sixteen years, of those who died from wounds or injuries received or diseases contracted as aforesaid. The law does not grant a pension either to a father, mother, or brothers and sisters of a soldier or sailor for any service rendered by him prior to the 4th day of March, 1861. The act of January 2,5, 1879, and amendment, generally known as the ar- rears act, does not provide for granting arrears of pension in cases where disa- PENSIONS. 96T bility is due to, or death ensues from, a cause originating in the service prior to the 4th of March, 1861, nor in cases where pension has been allowed for ser- vice only, to- wit: 1812 service pensions. Any arrears which may be due a deceased pensioner can be paid only under the provisions of section 4718 of the Revised Statutes, and where no payment of the pension has been made for a period of three years, the arrears cannot be collected until the pensioner's name has been restored to the rolls under the provisions of section 4719, Revised Statutes. The widow or minor children of a sailor who served in the navy prior to the 4th day of March, 1861, is entitled to a pension only in the event of his death while in the navy, from injury or wounds received, or disease contracted while in the line of duty. Any service rendered subsequent to the 3d day of March, 1855, does not give title to bounty in lands, and the service rendered before that date, to give title, must have been at least fourteen days in and during some one of the recognized wars in which this country has been engaged. Service pension is granted for service in the war with Mexico to participants or their widows. The act of June 27, 1890, requires in a soldier's ease : 1. An honorable discharge. 2. That he served at least ninety days. 3. A permanent physical or mental inability to earn a support, but not due to vicious habits. (It need not have originated in the service.) In case of a widow: 1. That the soldier served at least ninety days. 2. That he was honorably discharged. 3. Proof of death, but it need not have been the result of his army service. 4. That the widow is " without other means of support than her daily labor." 5. That she married soldier prior to June 27, 1890, date of the act. In dependent parents' case: 1. That the soldier died of a wound, injury, or disease, which, under prior lawrt, would have given him a pension. 2. That he left no wife or minor child. 3. That mother or father is at present dependent on her or on his own man- ual labor, being " without other present means of support than their own manual labor or the contributions of others not legally bound for their sup- port." The benefits of the first section of the act of June 27, 1890, are not confined to the parents of those who served in the war of the Rebellion, but are extended to all parents where pensionable dependence has arisen on ac- count of the death of a son who served, since said war, in behalf of the United States. 4. That in case a minor child is insane, idiotic, or otherwise permanently helpless, the pension shall continue during the life of Slaid child, or during the period of such disability, and this proviso shall apply to all pensions heretofore granted or hereafter to be granted under this or any former statute, and such pensions shall commence from the date of application therefor after tlie passage of this act. The rules and regulations of the department will govern all applicants and attorneys. No contract for attorney's fee shall provide for a sum greater than $10, but, in the absence of a contract, the attorney's fee shall be $10. FORMS IN THIS CHAPTER. No. Page. Declaration for original Invalid pension 1 968 Declaration for tlie increase of an invalia pension 2 96n Declaration for original pension for a widow 3 970 Declaration of a pensionea widow for increase of pension 4 972 Declaration for pension of children under sixteen years of age 5 973 Declaration of guardian for Increase of pension to pensioned children 6 974 968 No. Page. Declaration for an original pension of a mother 7 976 Declaration for an original pension of a father 8 97S Declaration for pension of dependent brothers and sisters 9 979- "War of 1812 — Declaration of soldiers for service pension 10 98(y "War of 1812 — Declaration of widow for service pension 11 982 Mexican war pensions — Declaration of survivor for pension 12 984 Affidavit of witness 13 987 Declaration of widow for pension 14 988 Affidavit of witness. (Widow's pension) 15 989 Affidavit of claimant's infirmity, etc 16 991 Declaration for invalid pension 17 991 Declaration for widow's pension 18 90S Declaration for children under sixteen years of age 19 994 Declaration for dependent mother's pension 20 99R Declaration for dependent father's pension 21 997 Declaration for soldiers' children who are permanently helpless 22 999 Indian wars — Claim of soldiers for service pension under act of July 27, 1892 23 1009 Indian wars — Claim of widow for service pension under act of July 27, 1892 24 1003 Declaration for nurse's pension 25 1005 No. 1. Declaration for Original Invalid Pension. STATE OF , i . County of , \ On this day of , A. P. 19..., personally appeared before me, , of the , a court of record within and for the county and State aforesaid, , aged years, a, resident of the of , county of , State of , who, being duly sworn according to law, declares that he is the identical who was enrolled on the day of , 19 ... , in company , of the regiment of , commanded by , and was honor- ably discharged at , on the day of , 19 ... : that his personal description is as follows : Age, years ; height, feet inches ; complexion, ; hair, ; eyes, That while a member of the organization aforesaid, in the service, and in the line of his duty, at , in the State of , on or about the day of , 19 . . . , he (here state name or nature of disease, or the location of wound or injury. If disabled by disease, state fully its causes ; if by wound or injury, the precise manner in which received). That he was treated in hos'pital as follows : { Here state the name or numbers and the local- ities of all hospitals in which treated, and the dates of treatment.) That he has been employed in the military or naval service otherwise than as stated above (here state what the service was, whether prior or subsequent to that stated above, and the dates at which it began and ended. ) That since leaving the service this applicant has resided in the of ,. in the State of , and his occupation has been that of a That prior to his entry into the service above named, he was a man of good. PENSIONS. 969 sound, physical health, being, when enrolled, a, That he i« now disabled from obtaining his subsistence by manual labor, by reason of his injuries above described, received in the service of the United States; and he, therefore, makes this declaration for the purpose of being placed on the invalid pension-roll of the United States. He hereby appoints , of , State of , his true and lawful attorney to prosecute his claim. That he has received applied for a pension. That his post-oflSce address is , county of , State of (Claimant's signature.) Attest: Also personally appeared , residing at , and , residing at , persons whom I certify to be respectable and entitled to credit, and who, being by me duly sworn, say they were present and saw , the claimant, sign his name ( or, make his mark ) to the foregoing declaration ; that they have every reason to believe, from the appearance of said claimant, and their acquaintance with him, that he is the identical peison he represents himself to be; and that they have no interest in the prosecution of this claim. (Signatures of witnesses.) Sworn to and subscribed before me, this day of , A. D. 19 ... ; and I hereby certify that the contents of the above declaration, etc., were fully made known and explained to the applicant and witnesses (l. 8.) before swearing, including the words erased, and the words added ; and that I have no interest, direct or in- direct, in the prosecution of this claim. ( Signature. ) (Official character.) Note. A widow cannot pledge her pension certificate. Payne v. Woodhull, 6 Duer, 168; S. C, 19 Law Rep. 451; Moffatt v. Van Doren, 4 Bosw. 609. The interest of a pensioner, in future payments, cannot be reached by a cred- itor. Nagle v. Stagg, 15 Abb. N. S. 348. Property, into which pension money can be traced, and which is necessary and convenient for support of pensioner and family, is exempt under Code, section 1393. Yates Co. N. Bank v. Carpenter, 119 N. Y. 550; 30 St. R. 121, rev'g 17 id. 281. No. 2. Declaration for the Increase of an Invalid Pension. STATE OF , ) County of , ) On this day of , A. D. 19 . . . , personally appeared before me, , the same being a court of record within and for the county 970 oleek's assistant. and State aforesaid, , aged years, a resident of , county of , State of , who, being duly sworn according to law, declares that he is a pensioner of the United States, duly enrolled at the pension agency, at the rate of dollars per month, by reason of disability incurred in the service of the United States whiles _: that his present physical condition is such that he believes himself entitled to receive an increased pension; and that he herewith returns his present pension certificate. He further declares that he is disabled in the following manner, to-wit:S ; that he appoints his true and lawful attorney to prose- • vite his claim; that his residence is No , in street, of , county of , and State of '. . , and his po8t-o£See address is (Claimant's signature.) Attest: Also personally appeared , residing at , and , residing at , persons whom I certify to be respectable and entitled to credit, and who, being by me duly sworn, say they were present and saw , the claimant, sign his name ( or, make his mark ) to the foregoing declaration ; that they have every reason to believe, from the appearance of said claimant, and their acquaintance with him, that he is the identical person he represents himself to be; and that they have no interest in the prosecution of this claim. (Signatures of witnesses.) Sworn to and subscribed before me, this day of , A. D. 19 . . . ; and I hereby certify that the contents of the above declaration, etc., were fully made known and explained to the applicant and witnesses (L. s.) before swearing, including the words erased, and the words added ; and that I have no interest, direct or in- direct, in the prosecution of this claim. (Signature.) (Official character.) No. 3. Declaration for Original Pension for a Widow. STATE OF ,) , County of , j On this day of , A. D. 19 . . . , personally appeared before me, , the same being a court of record within and for the county ^ Company and regiment, if in the slon was originally allowed ; how far in- army; and vessel, etc., It In the navy. capacitated for manual labor, or depend- ' Set forth extent of present disability ent upon the personal aid or attendance as sequence of disability for which pen- of others. PENSIONS. 971 and jState aforesaid, , aged years, who, being sworn ac- cording to law, makes the following declaration, in order to obtain the pension provided by acts of Congress granting pensions to widows: That she is the widow of , who, under the name of , at , on the day of , A. D. 18 . . . , in* , in the war of , whoB , on the day of A. D. 18 ... , who bore at the time of his death the rank of , inS ; that she was married under the name of , to said , on the day of , A. D. 18 . . . , by , at , there being no legal barrier to such marriage; that neither she nor her husband had been previously married' ; that she has to the present date re- mained his widow; that the following are the names and dates of birth of all his legitimate children yet surviving who were under sixteen years of age at the father's death, to-wit: HIS BT A FORMER MARRIAGE. , born , 18. . , born , 18 . , born , 18. . , born , 18 . , born , 18 . , born , 18 . , That she had not abandoned the support of any of his children, but that they are still under her care or maintenance^ ; that she has not in any manner been engaged in, or aided or abetted, the rebellion in the United States ; that prior application has been filedio ; that she hereby appoints her attorney to prosecute her claim ; that her residence is No street, , , and that her post-office address is (Claimant's signature.) Attest : 8hIS BT HERSELF. , born , 18... , born , 18... , born , 18... , born 18... , born , 18... , born , 18... Also personally appeared , residing at No , in street, in , and , residing at No , in street, in , persons whom I certify to be respectable, and entitled to credit, and who, being by me duly sworn, say that they were present and saw , the claimant, sign her name {or, make her mark) to the foregoing * State company and regiment, If In rled, so state, and give date of death or »rmy; or vessel and rank. If In navy. divorce of former spouse. • State nature of wounds and all clr- ' If the husband left no child or chll- cumstances attending them, or the dls- dren by the applicant, or by a former ease and manner In which It was In- wife, the fact should be stated. «urred. In either case showing soldier's ' For such children as are not under death to have been the sequence. her care claimant should account. ' " In the service aforesaid," or other- " If prior application has been filed, wise. either by soldier or widow, so state, glv- ' If either have been previously mar- Ing number assigned to It. 972 clerk's assistant. declaration; that they have every reason to believe, from the appearance of said claimant, and their acquaintance with her, that she is the Identical person she represents herself to be, and that they have no interest in the prosecution ,of this claim. ( Signatures of witnesses. ) Sworn to and subscribed before me, this day of , A. D. 19 ... : and I hereby certify that the contents of the above declaration, etc., were fully made known and explained to the applicant and witnesses ( L. s. ) before swearing, including the words erased, and the words added; and that I have no interest, direct or in- direct, in the prosecution of this claim. ( Signature. ) (Official character.) No. 4. Declaration of a Pensioned Widow for Increase of Pension. STATE OF , j Cpunty of , j On this day of , A. D. 19 . . . , personally appeared before me, , the same being a court of record within and for the county and State aforesaid, , a resident of , county of , in the State of , agent years, who, being duly sworn according to law, makes the following declaration in order to obtain the pension provided by acts of Congress increasing the pensions of widows: That she is the widow of , who was all in in the war of ; that on account of his death she has been granted a pension of dollars per month, in accordance with a, certificate numbered , bear- ing date , and which is herewith returned ; that she has not re- married since the death of her husband above named; that the following are the names and dates of births of all his legitimate children yet surviving, and were under sixteen years of age at the father's death, to-wit: HIS BY HEBSEU. HIS BY A FOBMEK MABEIAGE. born , 18 . . born , 18. . born , 18 . . born , 18 . . born , 18 . . born , 18. . born born born born born born That she has not abandoned the support of any one of his children, but that they are still under her care or maintenancel2 ; that she hereby ap- points . . her attorney to prosecute her claim; that her residence is " State company and regiment, If in "' For such children as are not under army; or vessel and rank, If in navy. her care claimant should account. PENSIONS. 973 at No , in street, in the of , county of , State ol ; and that her post-office address is (Claimant's signatlire. ) Attest: Also personally appeared , residing at No , in street, in , and , residing at No , in street, in , persons whom I certify to be respectable, and entitled to credit, and who, being by me duly sworn, say that they were present and saw , the claimant, sign her name ( or, make her mark ) to the foregoing declaration; that they have ^very reason to believe, from the appearance of said claimant, and their acquaintance with her, that she is the identical person she represents herself to be, and that they have no interest in the prosecution of this claim. ( Signatures of witnesses. ) Sworn to and subscribed before me, this day of , A. D. 19 ... ; and I hereby certify that the contents of the above declaration, etc., were fully made known and explained to the applicant and witnesses (L. s.) before swearing, including the words erased, and the words added ; and that I have no interest, direct or in- direct, in the prosecution of this claifli. ( Signature. ) (Official character.) No. 6. Declaration for Pension of Children under Sixteen Years of Age. STATE OF '\si- Comity of , i On this day of , A. D. 19 . . . , personally appeared before me, , the same being a court of record within and for the county and State aforesaid , a resident of , county of , in the State of , aged years, who, being duly sworn ac- cording to law, makes the following declaration, in order to obtain the pension provided by acts of Congress for children under sixteen years of age; that is the only legal guardian of , legitimate children of , who,l3 , under the name of , at , on the day of , A. D. 18 . . . ,1* , in the war of " " Was enlisted," " drafted," or oth- " State company and regiment, If in erwise, as the case may be. army; or vessel, etc., If in navy. 974 olebk's assistant. , who diedis at , on the day of , A. v. 18. . . , and who bore at the time of his death the rank of , ini« ; that he left , widow surviyingif ; that the above named are the only surviving legitimate children of said who were under sixteen years of age at the time of his- death, of whomis ; that said children were the issue of said soldier as follows, the dates of their birth being as hereinafter stated: i» , of soldier by , born , 18 . . . , of soldier by , born , 18 . . . , of soldier by , born , 18 . . . , of soldier by , born , 18. . . , of soldier by , born , 18 . . . , of soldier by , born , 18 . . . , of soldier by , born , 18. . . , of soldier by , born , 18 . . . , of soldier by , born , 18. . . That the father was married under the name of , toUO , there being no legal barrier to such marriage; that the said children have not aided or abetted the rebellion ; and that prior application has been filed2l ; that declarant hereby appoints h . . attorney to prosecute the above claim ; that h . . residence is at No street, in the of , county of , State of , and that h. . post-office address is (Claimant's signature.) Attest: Also personally appeared , residing at No , in street, in , and , residing at No in street, in , persons whom I certify to be respectable, and entitled to credit, and who, being by me duly sworn, say that they were present and saw , the claimant, sign name ( or, make mark ) to the foregoing declaration; that they have every reason to believe, from the appearance of said claimant, and their acquaintance with , that '° State nature of wounds and all ctr- " If any have died, state date of death, cumstances attending tbem, or the dls- " State names of children and of their ease and manner In which it was in- mothers, and dates of birth, curred, In either case showing soldier's " If more than once married, so state, death to have been the sequence. giving names and dates and parties offi- 1" " In the service aforesaid," or other- elating, wise. ^ If either soldier, widow, or guardlaa " If widow survived, so state, giving of children have previously applied, so her name, and the date of her death or state, giving date and number of appli- other facts divesting her title. cation. PENSIONS. 975 is the identical person represents to be ; and that they have no interest in the prosecution of this claim. (Signatures of witnessea.) Sworn to and subscribed before me, this day of , A. D. 19. . . ; and I hereby certify that the contents of the above declaration, etc., were fully made known and explained to the applicant and witnesses (iL. a.) before swearing, including the words erased, and the words added ; and that I have no interest, direct or in- direct, in the prosecution of this claim. ( Signature. ) (Official character.) No. 6. Declaration, of Guardian for Increase of Pension to Pensioned Children. STATE OF County of On this day of , A. D. 19. . ., personally appeared before me, , the same being a court of record within and for the State and county aforesaid, , a resident of , county of , in the State of , aged years, who, being duly sworn accord- ing to law, makes the following declaration in order to obtain the benefit of the provisions of acts of Congress increasing the pension of orphans ; that is the only legal guardian of legitimate children of , who was22 ; that on account of his death, they have been granted pension in accordance with the certificate numbered -. , bearing date , and which is herewith returned ; and that the names and date of birth of all his legitimate children yet surviving, who were under sixteen years at the date of the father's death, are as follows: . , of soldier by , born . , of soldier by , born . , of soldier by , born . , of soldier by , born . , of soldier by , born . , of soldier by , born . , of soldier by , born . , of soldier by , born : , of soldier by , born 8... 8... 8... 8... 8... 8... 8.. 8... That hereby appoints h . . attorney to prosecute the above claim; that h. . residence is at No , in street, in the " State rank, company, and regiment, '" State names of children and their if Id arm;; or rank, vessel, etc., If In mothers, and dates of birth, navy. 976 clerk's assistant. of , county of , State of ; and that h . . post-ofBce address is (Claimant's signature.) Attest: Also personally appeared , residing at No , in street, in , and , residing at No , in street, in , persons whom I certify to be respectable, and entitled to credit, and who, being by me duly sworn, say that they were present and saw , the claimant, sign h . . name ( or, make h . . mark ) to the foregoing declaration ; that they have every reason to belieVe, from the appearance of said claimant, and their acquaintance with , that is the identical person represents self to be ; and that they have no interest in the prosecution of this claim. ( Signatures of witnesses. ) - Sworn to and subscribed before me, this day of , A. D. 19. . . • and I hereby certify that the contents of the above declaration, etc., were fully made known and explained to the applicant and witnesses (l. s.) before swearing, including the words erased, and the words added; and that I have no interest, direct or in- direct, in the prosecution of this claim. ( Signature. ) (Official character.) No. 7. Declaration for an Original Pension of a Mother. STATE OF , i County of , ) On this day of , A. D. 19. . ., personally appeared before me, , the same being a court of record within and for the county and State aforesaid, , a resident of , county of , in the State of , aged years, who, being duly sworn ac- cording to law, makes the following declaration, in order to obtain the pension provided by acts of Congress granting pensions to dependent mothers : That she is the24 of , and mother of , who25 under the name of , at , on the day of , A. D. 18 ... , in26 , in the war of , who27 on the day of , A. D. 18 ... ; that said son left neither widow nor child under sixteen years of age surviving; that she was28 24 " Wife " or " widow." ease and manner in wliicli it was in- '* " Enlisted," " was drafted," etc. curred, in either case showing tlie sol- ^ State company and regiment, if in dier's deatli to liave been tlie sequence; tlie army; and vessel, etc., if in the navy, also service and rank at time of death. '" State nature of wounds and all clr- ^s " wholly " or " In part." cumstances attending them, or the dis- PENSIONS. 911 dependent upon said son for support; that her husband, the afore- said , aged years,29 ; that there was surviv- ing, at date of said son's death, his brothers and sisters, who were under six- teen years of age, as follows: ., born , 18. . . . , born , 18 . . . ., born , 18. . . ., born , 18. . . That she has not heretofore received applied for a pensions*) ; that she ha.s not aided or abetted the rebellion ; that she hereby appoints her attorney to prosecute the above claim ; that her resi- dence is at No , in street, in the of , county of , State of ; and that her post-office address is Attest: (Claimant's signature.) Also personally appeared , residing at No , in street, in , and , residing at No , in street, in , persons whom I certify to be respectable, and entitled to credit, and who, being by me duly sworn, say that they were present and saw , the claimant, sign her name {or, make her mark) to the foregoing declaration ; that they have every reason to believe, from the appearance of said claimant, and their acquaintance with her, that she is the identical person she represents herself to be; and that they have no interest in the prosecution of this claim. ( Signatures of witnesses. ) Sworn to and subscribed before me, this day of , A. D. 19 ... ; and I hereby certify that the contents of the above declaration, etc., were fully made known and explained to the applicant and witnesses (l. 8.) before swearing, including the words . '. erased, and the words added ; and that I have no interest, direct or in- direct, in the prosecution of this claim. ( Signature. ) (Official character.) " It the husband is dead, so state, glv- " It either she or the soidier has . pre- iQg date of death; aiso whether appii- vlousiy appiied, so state, giving number cant has remarried. If still living, his of claim, inability to support applicant should b« accounted for. 62 978 CLEEK S ASSISTANT. No. 8. Declaration for an Original Pension of a Father. STATE OP ,) „ >ss.: County of , ) On this day of , A. D. 19. . ., personally appeared before me, , the same being a court of record within and for the county and State aforesaid, , aged years, who, being duly sworn ac- cording to law, makes the following declaration, in order to obtain the pension provided by acts of Congress granting pensions to dependent fathers: That he is the father of , Who under the name of , at , on the day of , A. D. 18 . . . , inSl , in the war of , who32 , on the day of , A. D. 18 ... , who bore at the time of his death the rank of inSi ; that his son, , left neither widow nor child under six- teen years of age surviving; that the declarant was married to the mother of said son at , on the day of , A. D. 18 ... , by ; that he was33 dependent upon said son -for support; that the mother of said son died at , on the •:..:::.■■ day of ., A. D. 18. . . ; that there was surviving, at the date of said son's death, his brothers and sisters, who were under sixteen years of a,ge, as follows : , born , 18 . , born , 18 . , born , 18. , born 18 . That he has not heretofore received applied for a pensions* ; that he has not aided or abetted the rebellion ; that he hereby ap- points his attorney to prosecute the above claim ; that his residence is at No , in street, in the of , county of , State of , and that his post-office address is ( Claimant's signature. ) Attest: Also personally appeared , residing at No , in street, in , and , residing at No , in street, in , persons whom I certify to be respectable, and entitled to credit, and who, being by me duly sworn, say that they were present and saw , the claimant, sign his name ( or, make his mark ) to the foregoing declaration ; and they have every reason to believe, from the appearance of said ■> State company and regiment, if In curred, in either case sliowing the sol- the army; and vessel, etc., if in tlie dier's death to have been the sequence, navy. "" " Wholly " or " In part." " State nature of wounds and all clr- ^' If either he, the mother, or the sol- cumstances attending them, or the dis- dier has previously applied, so state, ease and manner in which it was in- giving number of claim. PENSIONS. 979 claimant, and their acquaintance with him, that he is the identical person he represents himself to be; and that they have no interest in the prosecution of this elaim. ( Signatures of witnesses. ) Sworn to and subscribed before me, this day of , A. D. 19 . . . ; and I hereby certify that the contents of the above declaration, etc., were fully made known and explained to the applicant and witnesses (l. 8.) before swearing, including the words erased, and the words added; and that I have no interest, direct or in- direct, in the prosecution of this claim. ( Signature. ) (Official character.) No. 9. Declaration for Pension of Dependent Brothers and Sisters. STATE OF ,1 yss.: Ckmnty of , ) On this day of , A. D. 19 . . . , personally appeared before me, , the same being a court of record within and for the county and State aforesaid, , a resident of , county of , in the State of , aged years, who, being duly sworn ac- cording to law, makes the following declaration, in order to obtain the pension provided by acts of Congress for dependent brothers and sisters : That is the only legal guardian of , brothers and sisters of , who35 under the name of , at , on the day of , A. D. 18 ... ,38 in the war of , who diedST , at , on the day of , A. D. 18 . . . , and who bore at the time of his death the rank of , in38 ; that he left neither widow, minor child norss ; that the above named are the only legitimate brothers and sisters, including those of the half blood, of the said deceased , surviving, who were under sixteen years of age at the time of his death, and were dependent upon him, of whom** ; that .said brothers and sisters were the issue of the parents of said soldier, as follows, the dates of their birth being as herein stated: child of and , born , 18 . child of and , born , 18 . child of and , born , 18 . child of and , born , 18 . child of and , born , 18 . ""Was enlisted," "drafted," or oth- ""In the service aforesaid," or otlier- erwise, as tlie case may be. wise, as may liave been the case. " State company and regiment, if In ™ If mother or father survived the sol- army; or vessel, etc., if in navy. dier and subsequently died, so state, "State nature of wounds and all clr- giving date of death; otherwise add, cumstances attending them, or the dis- " mother nor father .surviving." ease and manner in which it was In- " If any have died, state date of death, ciirred. In either case showing soldier's " State names of children and of both death to have been the sequence. parents; also date of birth. 980 That the parents were married under the names of42 , there being no legal barrier to the marriage; that none of said brothers or sisters have aided or abetted the rebellion ; that prior application has been filed 43 ; that hereby appoints h . . attorney to prosecute the above claim ; that h . . residence is at No , in street, in the of , county of , State of , and that h . . post-office address is (Claimant's signature.) Attest: Also personally appeared , residing at No , in street, in , and , residing at No , in street, in , persons whom I certify to be respectable, and entitled to credit, and who, being by me duly sworn, say that they were present Mid saw , the claimant, sign h. . name (or, make mark) to the foregoing declaration; that they have every reason to believe, from the appearance of said daimant, and their acquaintance with , that is the identical person represents self to be; and that they have no interest in the prosecution of this claim. ( Signatures of witnesseB. ) Sworn to and subscribed before me, this day of , A. D. 19. . . ; and I hereby certify that the contents of the above declaration, etc., were fully made known and explained to the applicant and witnesses (L. s.) before swearing, including the words erased, and the words added ; and that I have no interest, direct or in- direct, in the prosecution of this claim. ( Signature. ) (Official characber.) No. 10. War of 1812 — Declaration of Soldier for Service Pension. STATE OF • Ls ■ County of , ) On this day of , A. D. 19 . . . , personally appeared before me, , the same being a court of record within and for the county and State aforesaid,** , aged years, a resident of , in the county of , in the State of , who, being duly sworn according to law, declares that he is the identicaHB , who served ** Give names of parents and places " Here allege full name of the claimant, and dates of marriages. « Here allege the name of the claim- <^ If either soldier or his father or ant again, mother have previously applied, so state, giving date and number of application. PENSIONS. 981 under the name of<6 , as a*T , in the company commanded by Captain , in the regiment of commanded by , in the war of 1812 ; that he^s at , on or about the day of , A. D. 18 . . . , for the term of and continued in actual service in said -war for the term of 49 , and was honorably discharged at , on the day of , A. D. 18 ... ; that since his discharge from said service he has resided as follows, viz. :50 The following was his description at the time of his enlist- ment, viz. :5i He makes this declaration for the purpose of obtain- ing the pension to which he may be entitled under sections 4736 to 4740, inclu- sive, Revised Statutes, and the act approved March 9, 1878, and hereby ap- points , of , his lawful attorn . . , , to prose- cute his claim. He also declares that he has heretofore made ap- plication f or52 , and that his residence is No street, city ( or, town ) of , county of , and State of , and that his post-office address is (Claimant's signature.) Attest : Also personally appeared , aged years, residing at No . , in street, and , aged years, residing at No , in street, in , persons whom I certify to be respectable, and entitled to credit, and whom, being by me duly sworn, say that they have known the said for years and years, resipeetively ; that they were present and saw him sign his name (or make his mark) to the foregoing declaration; that they have every reason to believe, from the appearance of said claimant, and their acquaintance with him, that he is the identical person he repre- sents himself to be; and they further say, that they are able to identify him as the identical person who rendered the service alleged in the above application " Here allege the exact name under ™ Here state all the places of residence ; which the service was rendered. if in a city, giving the street and num- " Here allege the rank under which ber, and from and to what dates he re- the service was rendered. .sided at each place. *Here state "enlisted," "volunteered," =' Here let a full description follow, glv- or " was drafted," as the case may be. Ing age, occupation, birthplace, height, *" Here allege the number of days or color of hair, eyes and complexion, and months of service rendered by the claim- any other particulars as to description, ant; fourteen days being the shortest pe- " If any application for bounty kind riod for which service pension Is by law or pension has previously been made, allowed, unless the claimant was actu- state the facts here, giving the date and ally engaged in a battle. If the claim number, if possible, and designating Is made for battle service, the blank whether it was a claim for bounty land should be so varied as to allege such or pension, and whether a warrant for service In addition to the allegation of the land or a certificate for the pension term of service. was ever issued. 982 CLEBK S ASSISTANT. ( in the company of Captain , in the regiment of , in the war of ) by the following-named facts and circumstances, viz. :»» ; and that they have no interest in the prosecution of this claim. (Signatures of witnesses.) Sworn to and subscribed before me, this day of , A. D. 19. . . ; and I hereby certify that the contents of the above declaration, etc., were fully made known and explained to the applicant and witnesses ( i. s. ) before swearing, including the words erased, and the words added ; and that I have no interest, direct or in- direct, in the prosecution of this claim. ( Signature. ) (Official character.) No. 11. War of 1812 — Declaration of Widow for Service Pension. STATE OF , I County of , ) On this day of , A. D. 19. . ., personally appeared before mc, , the same being a court of record within and for the county and State aforesaid,64 , aged years, a resident of , in the State of , who, being duly sworn according to law, declares that she is the widow of 55 , deceased, who was the identicals^ , who served under the name ofBT , as aSS in the company commanded by Captain , in the regi- ment of , commanded by , in the war of 1812 ; that her said husbands* at on or about the day of , A. D , for the term of , and continued in actual service in said war for the term of w> , and whose services ^ Here name all the facts and circum- If the service was rendered as a sub- stances which enable the witnesses to stltute, the name of the principal for swear that they know the applicant to whom the substitute served should be be the Identical person who rendered the stated, service alleged. "* Here allege full name of applicant. If the applicant was a regimental or " Here allege full name of soldier, staff officer, or served in the navy, the "' Here allege again the name of soldier, declaration must be varied according to " Here allege the name under which the facts of the case. the soldier served. If the claimant was discharged in con- ''^ Here allege the rank under which the sequence of disability incurred by the soldier served. service, or if he was in captivity with °° Here state "enlisted," "volunteered," the enemy, he must vary his declaration or " was drafted," as the case may be. .so as to set forth the facts of the case. " Here state the number of days or All services rendered by the soldier in months of service rendered by the aol- the war for which claim is made, or in dler; fourteen days being the shortest any other war, with the names of officers period for which service pension Is tiy In each service, must be giveii In the law allowed, unless the soldier was ac- appHcation. tnally engaged in a battle. If the claim PENSIONS. 983 terminated by reason ofsi , at , on the day of , A. D. 18.. . She further states that the following is a full descrip- tion of her said husband at the time of his enlistment, viz. : 02 She further states that she was married to the said , at the city ( or, town) of , in the county of , and in the State of , on the day of , A. D. 18. . . , by one«3 , who was a64 , and that her name before her said marriage was ; and she further states that65 , and that her said husbandes , died at , in the State of , on the day of , A. D. 18.. ., and that she has not again married; and she further declares that the following have been the places of residence of herself and her said husband since the date of his discharge from the army, viz.: 67 She makes this declaration for the purpose of obtaining the pension to which she may be entitled under sections 4736 to 4740, inclusive. Revised Statutes, and the act of March 9, 1878, and hereby appoints , of , her true and lawful attorney, to prosecute her claim; and she further declares that she has heretofore made application fort® , and that her residence is No , street, city ( or, town ) of , county of , State of , and that her post-office address is (Signature of the claimant.) Attest: Also personally appeared , aged years, residing at No , . street, in , and , aged years, residing at No , street, in , persons whom I certify to be respectable and entitled to credit, and who, being by me duly sworn, say that they have known the said for years is made for battle service the blank name of the former husband or wife should be so varied as to allege such should be stated and the date and place service in addition to the allegation of of the death of, or divorce from the (or- term of service. mer consort should be alleged. " Here insert the words " an honorable " Here insert the name of the hus- discharge," or ** death,'* as the case may band on account of whose service and be, death the claim is made. "= Here let a full description of soldier " Here state all the places of resi- follow, giving age, occupation, birthplace, dence; if in a city, giving the street and height, color of hair, eyes, and com- number; and from and to what dates he plexion, and any other particulars as to resided at each place, description. "^ If any application for bounty land or "* Here allege the name of the person pension has previously been made, state who performed the marriage ceremony, the fact here, giving the date and oum- " Here state the ofBcial character of ber, if possible, and the act of Congress the person who performed the ceremony; under which the claim was made; and whether a minister of the gospel or designating whether it was a claim for a justice of the peace, etc, bounty land or pension, and whether a " Here state whether the claimant or warrant for the land or certificate for her husband (the soldier) had been pre- the pension was ever issued. vSonsly married; and if either had, the 984 CLESKS ASSISTANT. and years, respectively ; that they were present and saw her sign her name ( or, make her mark ) to the foregoing declaration : that they have every reason to believe, from the appearance of said claimant and their ac- quaintance with her, that she is the identical person she represents herself to be ; and they further say that they are able to identify her as the person who was the wife of the identical 69 ^ who rendered the service, alleged in the above application (in the company of Captain , in the regi- ment of , in the war of ) by the following named facts and circumstances, viz. : to , and that they have no interest in the prosecution of this claim. (Signatnres of witnesses.) Sworn to and subscribed before me, this day of , A. D. 19 . . . ; and I hereby certify that the contents of the above declaration, etc., were fully made known and explained to the applicant and witnesses (L. s.) before swearing, including the words erased, and the words added ; and that I have no interest, direct or in- direct, in the prosecution of this claim. ( Signature. ) (Official character.) No. 12. Mexican War Pensions. Deciaeation of Sukvivor foe Pension. (Act of January 29, A. D. 1887.) STATE OF , ) . County of , ) On this day of , A. D. 19 . . . , personally appeared before me, , a resident of , in the county of , in the State of , who, being by me first duly sworn according to law, de- poses and says: I am the identical , who served under the name of , as a in the company commanded by Captain , in the regiment of (if in naval service, name vessel, etc.), commanded by , in the war with Mexico ; that I enlisted at , »» Here insert the name of soldier. the war for which claim Is made, or in ™ Here name all the facts and clrcnm- any other war, with the names of offi- stances which enable the witnesses to cers in each service, must be given in swear, from a personal knowledge, that the application. the claimant is the widow of the Iden- If the service was rendered as a sub- tical person who rendered the service al- stitute, the name of the principal for leged In the claim. whom the substitute served should be All services rendered by the soldier in given. PExsioA's. 985 on ss. : County of Before me, , a clerk of a court of record, on this day of , A. D. 19 ... , personally appeared , known to me as the person described in, and who executed and signed the foregoing declaration for pension, as widow of , and whom I certify to be a credible person and of good report for truth and veracity in the community in which she lives, who, being by me first duly sworn, deposes and says, that she has read (if claimant cannot read, read to her, and so state in acknowledgment) the foregoing dec- laration and knows the contents thereof, and that all of the facts therein stated are true. (L.S.) No. 15. Affidavit of Witness. (Widow's Pension.) f ss. : STATE OF Comity of Before me, a in and for the county of , on this day of , A. D. 19 ... , personally appeared , who, being by me first duly sworn, deposes and says: I have known for the space of years, and I was requested by said to sign my name as a witness to the declaration for pension under the act of January 29, 1887, sworn to by her on the day of , A. D. 18. . . ; and that at her request I so signed my name as witness; that the said , is the identical person who signed the foregoing declaration, and who is therein described as the widow of , who enlisted in the company of Captain ( if in the naval service, give name of vessel ) , in the regiment commanded by , in the Mexican war, as in the said declaration set out; that the said was married to the said 990 cleek's assistant. under the name of , by on or about the day of , A. D. 18 . . . , at , in the State of , and liyed with her said husband from the date of her said marriage until the date of his death, to-wit, the day of , A. D. 19..., when the said , husband of said , died at , in the State of , and that there was at no time any legal impediment to the said marriage, and that the said has not since remarried ; that the said . . , husband of said , claiming as widow, had been previously married ; that said , now claiming as widow, had been previously married ; and these facts I swear to from knowledge obtained as follows : No. 1. Tnat the said , husband of said , actually served sixty days with the army or navy of the United States in Mexico; 'or on the coast or frontier, or en route thereto, in the war with that nation ; that I swear to these facts from knowledge obtained as follows : •. ■. No. 2. That the said , husband of said ...-.; was actually engaged in a battle in said war, to-wit: in the battle of ., at , on the day of , A. D. 18 . . . , and was honorably discharged, and these facts I swear to from knowledge obtained as follows : No. 3. That the said is disabled by reason of , which said disability was not incurred while the said was in any manner voluntarily engaged in, or aiding, or abetting the late rebellion against the authority of the United States, but was incurred on or about the day of , A. D. 18 . . . , at , and this fact I swear to from kmowl- edge obtained as follows : No. 4. That the said is dependent in whole or in part for her sup- port, and I swear to the fact of dependence from knowledge obtained from and based upon the following facts : No. 5. That the said is sixty-two years of age, having been born on or about the day of , A. D. 18 . . . , at , im the State of , and that I swear to these facts from knowledge obtained as follows : That I have no interest in the prosecution of this claim. Subscribed and sworn to before me, this i day of , A. D. 19... \ And I hereby certify the person who signed and executed the forego- ing affidavit to be credible person, and of good repute for truth (L. a.) and veracity in the community in which . .he lives, and that the con- tents of the above were fully made known to h . . before signing. Note. — The witness should strike out all the allegations of this affidavit which he does not personally know to be true. PENSIONS. 991 No. 16. Affidavit of Claimant's Infirmity, «tc. ::■' }^ STATE OF . . . County of . . . Before me, , a , an officer duly authorized to administer oaths for general purposes under the laws of the State of , personally appeared , who, being by me first duly sworn according to law, on this day of , A. D. 19. . ., makes oath as follows: I am an applicant for a pension as of the Mexican war, under the provisions of the act of January 29, 1887, and being by reason of the infirraity of age unable to travel, the nearest court of record, or residence of any person having the custody of its seal, being miles from mv place of rejidence, I am unable to travel that distance, and, therefore, swear to my declaration before , a , an officer duly authorized to administer oaths for general purposes under the laws of the State of Sworn to and subscribed before me, on this, ) the day of , A. D., 19. . . f (L. s.) STATE OF , ) {• ss. : County of , ' I certify that , before whom the acknowledgment of the foregoing affidavit was taken, is a duly qualified and acting , under the laws of the State of , in and for the county of , and that I am the officer under the laws of the State of authorized to certify to his official character. No. 17. Declaration for Invalid Pension. (Act of June 27, 1890.) (To be executed before any officer authorized to administer oaths for general purposes in the State, city, or county where said officer resides. If such officer has a seal and uses it upon such paper, no certificate of a county clerk or pro- thonotary or clerk of a court shall be necessary; but when no seal is used by the officer before whom the declaration is executed, then a clerk of a court of record or a county or city clerk shall affix his official seal thereto, and shall certify to the signature and official character of said officer.) STATE OF County of On this day of , A. D. 19. . ., personally appeared before me, a , within and for the county and State aforesaid, , f sa. : 992 clerk's assistant. aged years, a resident of the of , county of , State of , -who, being duly sworn according to law, de- clares that he is the identical who was enrolled on the day of , 18. . ., in (here state rank, company, and regiment in military service, or vessel, if in the navy), in the service of the United States, in the war of the rebellion, and served at least ninety days, and was honorably discharged at , on the day of , 18 . . . That he is unable to earn a support by manual labor by reason of ( Here name the disease or injuries from which disabled. ) That said disabilities are not due to his vicious habits, and are to the best of iis knowledge and belief of a permanent character. That he has applied for pension under application No That he is a, pensioner under certificate No (If a pensioner, the certificate number only need be given; if not, give the number of the former application, if one was made.) That he has been employed in the military or naval service other- wise than as stated above. That he makes this declaration for the purpose of being placed on the pen- sion roll of the United States under the provisions of the act of June 27, 1890. He hereby appoints , of , State of , his true and lawful attorney to prosecute his claim and receive a, fee of $ That his post-office address is , county of , State of ( Claimant's signature. ) Attest : (1) (2) Also personally appeared , residing at , and , residing at , persons whom I certify to be respectable and entitled to credit, and who, being by me duly sworn, say they were present and saw , the claimant, sign his name (or, make his mark) to the forego- ing declaration; that they have every reason to believe from the appearance of said claimant and their acquaintance with him for years and years, respectively, that he is the identical person he represents himself to be; and that they have no interest in the prosecution of this claim. (Signatures of witnesses.) (1) (2) Sworn to and subscribed before me, this day of , A. D. 19. . ., and I hereby certify that the contents of the above declaration, etc., were fully made known and explained to the applicant and witnesses (L. s.) before swearing, including the words erased, and the words added ; and that I have no interest, direct or in- direct, in the prosecution of this claim. ( Signature. ) (Official character.) PENSIONS. 993 The act of June 27, 1890, requires, in case of a soldier : 1. An honorable discharge (but the certificate need not be filed unless called for). 2. A minimum service of ninety days. S. A mental or physical disability of a permanent character not due to vicious habits. (It need not have originated in the service.) 4. The rates under the act are graded from $6 to $12, proportioned to the degree of inability to earn a support, and are not aflfected by the rank held. 5. A pensioner under prior laws may apply under this one, or a pensioner under this one may apply under other laws, but he cannot draw more than one pension for the same period. No. 18. Declaration for Widow's Pension. (Id.) :,'t^ STATE OF County of On this day of , A. D. 19 . . . , personally appeared before me. a of the , within and for the county and State aforesaid, , aged years, a resident of the of county of , State of , who, being duly sworn according to law, declares that she is the widow of , who enlisted under the name of , at , on the day of , A. D. 18. . ., in (here state rank, company, and regiment, if in military service, or vessel, if in navy), and served at least ninety days in the late war of the rebellion, in the service of the United States, who was hon- orably discharged , and died ( The cause of death need not be stated.) That she was married under the name of , to said , on the day of , 18 ... , by at , there being no legal barrier to said marriage, (If there was a former marriage of claimant or her husband, state it here, and how dissolved.) That she has not remarried since the death of the said (Name of soldier or sailor.) That she is without other means of support than her daily labor ; that names and dates of birth of all the children now living under sixteen years of age of the soldier are as follows : , born ,18 , born , 18 . . . , born ,18 , born , 18,. . . , born ,18 , born , 18 . . . That she has heretofore applied for pension, and the number of her former application is (Be careful to fill this part of the blank correctly. ) That her husband has been employed in the military or naval service otherwise than as stated above. 63 994 clebk's assistant. That she makes this declaration for the purpose of being placed on the pen- sion roll of the United States under the provisions of the act of June 27, 1890. She hereby appoints , of , State of , her true and lawful attorney to prosecute her claim and receive a fee of $ ; that her post-office address is , county of , State of (Claimant's signature.) Attest : (1) (2) Also personally appeared , residing at , and , residing at , persons whom I certify to be respectable and entitled to credit, and who, being by me duly sworn, say they were present and saw , claimant, sign her name ( or, make her mark ) to the foregoing declaration ; that they have every reason to believe from the appearance of said claimant and an acquaintance with her of years and years, respectively, that she is the identical person she represents herself to be;, and that they have no interest in the prosecution of this claim. (Signatures of witnesses.) (1) (2) Sworn to and subscribed before me, this day of , A. D. 19 . . . ,. and I hereby certify that the contents of the above declaration,, etc., were fully made known and explained to the applicant and (li, s.) witnesses before swearing, including the words erased and the words added, and that I have no interest, di- rect or indirect, in the prosecution of this claim. ( Signature. ) (Official character.) The act of June 27, 1890, requires, in widow's ease: 1. That the soldier served at least ninety days in the war of the rebellion and was honorably discharged. 2. Proof of s.oldier's death (death cause need not have been due to army service). 3. That widow is " without other means of support than her daily labor." 4. That widow was married to soldier prior to June 27, 1890, date of the act. 5. That all pensions ander this act commence from date of receipt of appli- cation in pension bureau. • No. 19. X)eclaj:atioii for Children under Sizteen Years of Age. (Id.) ( To be executed before any officer authorized to administer oaths for general purposes in the State, city, or county where said officer resides. If such officer PENSIONS. 995 has a seal and uses it upon such paper, no certificate of a county clerk or pro- thonotary or clerk of a court shall be necessary; but when no seal is used by the officer before whom the declaration is executed, then a clerk of a court of record or a county or city clerk shall affix his official seal thereto, and shall certify to the signature and official character of said officer.) STATE OF ) County of , j ' On this day of , A. D. 19. . ., personally appeared before me, a , of the , in and for the county and State afore- said, , aged years, who, being duly sworn according to law, makes the following declaration in order to obtain the .pension provided by act of Congress, approved June 27, 1890 ; that is the legal guard- ian of , legitimate child of , who enlisted un- der the name of , at , on the day of , 18. . ., in (here state rank, company, and regiment, if in the mili- tary service, or vessel, if in navy), and served at least ninety days in the war of the rebellion in the service of the United States, who was honorably dis- charged , and died That he left widow sur- viving him. (Here state date of death, or of remarriage.) That the names and dates of birth of all the surviving children of the soldier, under sixteen years of age, are as follows: , born , 18.. , born ,18.. , born ,18.. ., born , 18. ., born , 18. ., born , 18. That the mother was married under the name of to , there being no legal barrier to such marriage. That the soldier has been employed in the military or naval ser- vice otherwise than as stated above That the declarant hereby appoints of , State of , true and lawful attorney to prosecute this claim, and receive a fee of $ That post-office address is , county of , State of (Claimant's signature.) Attest: (1) (2) Also personally appeared , residing at , and , residing at , persons whom I certify to be respectable and entitled to credit, and who being duly sworn, say that they were present and saw , the claimant, sign name ( or, make mark ) to the foregoing declaration; that they have every reason to believe, from the appearance of said claimant and their acquaintance with for years and years, respectively, that is the 996 CLEEK S ASSISTANT. identical person represents to be : and that they have no interest in the prosecution of this claim. (Signatures of witnesses.) (1) (2) Sworn to and subscribed before me, this day of , A. D. 19 . . . , and I hereby certify that the contents of the above declaration, etc., were fully made known and explained to the applicant and (L. s.) witnesses before swearing, including the words erased and the words added, and that I have no interest, di- rect or indirect, in the prosecution of this claim. (Signature.) (Official character.) The act of June 27, 1890, requires that in minor children's cases: 1. That the soldier served at least ninety days in the war of the rebellion and was honorably discharged. 2. Proof of soldier's death (cause need not have been due to army service), his marriage to mother, and proof of her death or divestment of title. STATE OF County of No. 20. Declaration for Dependent Motlier's Pension. (Id.) :::;;;:;:;■' p- On this day of 19 ... , personally appeared before me, a , of the , in and for the county and State aforesaid, , aged years, a resident of , county of , State of , who, being duly sworn according to law, de- clares that she is the mother of , who enlisted under the name of , at , on the day of , 18 ... , in ( here state rank, company, and regiment in military service, or vessel, if in navy ) , in the service of the United States, who died at , on the day of , 18. . ., from the effects of- , in- curred at , on the day of , 18 . . . That said son left neither a widow, nor child under sixteen years of age, surviving. That she is without other present means of support than her own manual labor or the contributions of others not legally bound for her support. That she has applied for a pension ; the number of her application is That she makes this declaration for the purpose of being placed on the pen- sion roll of the United States under the provisions of the act of June 27, 1890. That the soldier has been employed in the military or uaval service otherwise than as stated above. PENSIONS. 997 She hereby appoints , of , State of , her true and lawful attorney to prosecute her claim, and receive a fee of $ That her post-ofiSce address is , county of , State of ( Claimant's signature. ) Attest : (1) (2) Also personally appeared , residing at , and , residing at , persons whom I certify to be respectable and entitled to credit, and who, being duly sworn, say that they were present and saw , the claimant, sign her name {or, make her mark) to the foregoing declaration; that they have every reason to believe, from the appearance of said claimant and an acquaintance with her of years and years, respectively, that she is the identical person she represents herself to be ; and that they have no interest in the prosecution of this claim. (Signatures of witnesses.) (1) (2) Sworn to and subscribed before me, this day of A. D. 19 ... , and I hereby certify that the contents of the above declaration, etc., were fully made known and explained to the applicant and (L. s.) witnesses before swearing, including the words erased and the words added, and that I have no interest, di- rect or indirect, in the prosecution of this claim. ( Signature. ) (Official character.) The act of June 27, 1890, requires, in case of dependent mother: 1. That soldier died of a wound, injury, or disease which, under present laws, would have given him a, pension. 2. That he left no wife or minor child. 3. That the mother is at present dependent on her own manual labor, or the contributions of others not legally bound, for her support. 4. All pensions under this act commence from the date of the receipt of the application in the pension bureau. 5. The benefits of the first section of the act of June 27, 1890, are not con- fined to the parents of those who served in the war of the rebellion, but extend to cases arising since the termination of said war. No. 21. Beclaration for Dependent Father's Pension. (Id.) STATE OF , 1 ' (. ss. : County of , ) On this day of , 19. . ., personally appeared before me a , of the , in and for the county and State aforesaid, 998 cleek's assistant. , aged years, resident of the of , county of , State of , who, being duly sworn according to law, declares that he is the father of , who enlisted under the name of , at , on the day of , 18 ... , in (here state rank, company, and regiment in military service, or vessel, if in navy), in the service of the United States, who died at , on the day of , 18 ... , from the effects of , in- curred at , on the day of , 18 . . . That said son left neither widow, nor child under sixteen years of age, surviving. That declarant was married to the mother of said son on the day of , 18 . . . , at , by , and that she died on the day of , 18 . . . , at That he is without other present means of support than his own manual labor, or the contributions of others not legally bound for his support. That he has applied for a pension, the number of his application being That he makes this declaration for the purpose of being placed on the pension roll of the United States under the provisions of the act of June 27, 1890. That the soldier has been employed in the military or naval service otherwise than as stated above. He hereby appoints , of , State of , his true and lawful attorney to prosecute his claim and receive a fee of $ That his post-office address is , county of , State of (Claimant's signature.) Attest : (1) (2) Also personally appeared , residing at , and , residing at , persons whom I certify to be respectable and entitled to credit, and who, being by me duly sworn, say that they were present and saw , the claimant, sign his name {or, make his mark) to the fore- going declaration; that they have every reason to believe from the appearance of said claimant and acquaintance with him of years and years, respectively, that he is the identical person he represents himself to be, and that they have no interest in the prosecution of this claim. ( Signatures of witnesses. ) (1) (2) Sworn to and subscribed before me, this day of , A. D. 19 . . . , and I hereby certify that the contents of the above declaration, etc., were fully made known and explained to the applicant and ( L. s. ) witnesses before swearing, including the words erased and the words .added, and that I have no interest, di- rect or indirect, in the prosecution of this claim. (Signature.) (Official character.) PENSIONS. 999 The act of June 27, 1890, requires, in the case of dependent father: 1. That the soldier died of u, wound, injury, or disease which, under present law, would have given him a pension. 2. That the soldier left no wife or minor child. 3. That the father is at present dependent on his own manual labor, or the contributions of others not legally bound for his support. 4. That all pensions under this act commence from the date of filing the application in the pension bureau. 5. The benefits of the first section of the act of June 27, 1890, are not con- fined to the parents of those who served in the war of the rebellion, but extend to cases arising since the termination of said war. No. 22. Declaration for Soldiers' Children who are Permanently Helpless. (Id.i STATE OF I County of , ) On this day of , A. D. 19 . . . , personally appeared before me, a , of the , in and for the county and State aforesaid, , aged years, who, being duly sworn according to law, makes the following declaration in order to obtain the pension provided by act of Congress, approved June 27, 1890. That is the legal guard- ian of , who is at the present time suffering from , which said disability, to best knowledge and belief, is permanent in its character and renders said ward permanently helpless. That said ward is the legitimate child of , who enlisted un- der the name of , at , on the day of , 18. . ., in (here state rank, company, and regiment, if in the mili- tary service, or vessel, if navy), and sei'ved at least ninety days in the war of the rebellion in the service of the United States, who was honorably discharged , and died That he left widow surviving him (Here state date of death or of remarriage.) That the mother was married under the name of , to , there being no legal barrier to such marriage. That applicatioB has heretofore been made for a minor's pension numbered , and a certificate number granted. That the soldier has been employed in the military or naval Sfryice otherwise than as stated above. That the declarant hereby appoints , of , State of , true and lawful attorney to prosecute this claim and receive a fee of $ That post-office address is , county of , State of (Claimant's signature.) Attest : (1) (2) 1000 clerk's assistant. Also personally appeared , residing at , and , residing at , persons whom I certify to be respectable and entitled to credit, and who, being duly sworn, say, that they were present and saw , the claimant, sign name ( or, make mark ) to the foregoing declaration; that they have every reason to believe, from the appearance of said claimant and their acquaintance with for years and years, respectively, that is the identical person represents to be, and that they have no interest in the prosecution of this claim. (Signatures of witnesses.) (1) (2) Sworn to and subscribed before me, this day of , A. D. 19 . . . , and I hereby certify that the contents of the above declaration, etc., were fully made known and explained to the applicant and (L. s.) witnesses before swearing, including the words erased and the words added, and that I have no interest, di- rect or indirect, in the prosecution of this claim. (Signature.) (Official character.) The act of June 27, 1890, requires that in minor children's eases who are permanently helpless: 1. That the soldier served at least ninety days in the war of the rebellion and was honorably discharged. 2. Proof of soldier's death (cause need not have been due to army service), his marriage to mother, and proof of her death or divestment of title. 3. In ease a minor child is insane, idiotic, or otherwise permanently help- less, the pension shall continue during the life of said child, or during the period of such disability, and this proviso shall apply to all pensions heretofore granted, or hereafter to be granted under this or any former statute, and such pensions .■shall commence from the date of application therefor after the passage of this act. 4. That the child of soldier was under the age of sixteen years at date of the death ol' remarriage of widow. No. 23. Indian Wars — Claim of Soldier for Service Pension under Act of July 27, 1892. (To be executed before some officer authorized to administer oaths for gen- eral purposes. The official character and signature of any such officer not re- quired by law to use a seal must be certified by the clerk of the proper CQurt, giving dates of beginning and close of official term. ) PENSIONS. 1001 A full and explicit reply is required to all questions indicated by this blank. STATE OF , ) County of , )''*■• On this day of , A. D. 19. . ., personally appeared before me, a, , in and for the county and State aforesaid, aged years, a resident of , in the State of , who, being duly sworn according to law, declares that he is the identical person who served under the name of as a in the company com- manded by Captain , in the regiment of (if in the navy, name vessels), commanded by , in the war; that he enlisted at , on or about the day of , A. D. 18 ... , for the term of , and was honorably discharged at , on the day of , A. D. 18 ... . that he also served in company, regiment, volunteers, from , 18 ... , to , 18 ... ; and in company, regiment, volunteers, from , 18 ... , to , 18. . . : that he has not been employed in the military or naval service of the United States otherwise than as stated above. That at the time of entering the service claimed for he, was years of age, feet inches in height, with eyes, hair, complexion, by occupation a , and that he was born at , county of , State of That since leaving the service he has resided at , years, at , years, at , years, at , years, and at , That he was married to on the day of , A. D. 18. . ., at ; that his said wife is now , having died on the day of , A. D. 18 ... ; that he has since re- married, and that the maiden name of his present wife was That he has heretofore made application for pension, the num- ber of his claim being ; that he has heretofore made application for bounty land, the number of his land warrant being That he is a citizen of the United States, and makes this application for the purpose of obtaining a pension under the provisions of the act approved July 27, 1892, and hereby appoints , of , his true and lawful attorney. That his post-oflBce address is No street ( city or town of ) , county of , State of (Signature of claimant in full.) Attest: Also personally appeared , aged years, residing at No. street, in , and aged years, re- siding at No street, in persons whom I certify 1002 cleek's assistant. to be respectable and entitled to credit, and who, being by me duly sworn, say that they have known the said for years and years, respectively; that they were present and saw him sign his name {or, make his mark) to the foregoing declaration; that they have every reason to believe, and do believe, from the appearance of said claimant and from their personal acquaintance with him, that he is the identical person he represents himself to be; and they further say that they are fully satisfied that he is the identical person who rendered the service alleged in the above application (in the company of Captain , in the regiment of , in the war ) , by the following facts and circumstances, viz. : , and that they have no interest in this claim. (Sigiiatures of witnesses.) (If witnesses sign by mark, their signatures must be attested by persons who write.) Sworn to and subscribed before me, this day of , A. D. 19. . ., and I hereby certify that the contents of the above declaration, etc., were fully read and explained to the applicant and witnesses be- (L. s. ) fore swearing, including the words added, and the words erased ; and that I have no interest, direct or indirect, in the prosecution of this claim. ( Signature. ) (Official character.) An act granting pensions to the survivors of the Indian wars of eighteen hun- dred and thirty-two to eighteen hundred and forty-two, inclusive, known as the Black Hawk war, Creek war, Cherokee disturbances, and the Semi- nole war. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the secretary of the interior be, and he is hereby, authorized and directed to place on the pension roll the names of the surviving officers and enlisted men, including marines, militia, and vol- unteers of the military and naval service of the United States, who served for thirty days in the Black Hawk war, the Creek war, the Cherokee disturbances, or the Florida war with the Seminole Indians, embracing a period from eigh- teen hundred and thirty-two to eighteen hundred and forty-two, inclusive, and were honorably discharged, and such other officers, soldiers, and sailors as may have been personally named in any resolution of congress, for any spe- cific service in said Indian wars, although their term of service may have been less than thirty days, and the surviving widows of such officers and enlisted men: Provided, That such widows have not remarried: Provided further, That this act shall not apj)ly to any person not «, citizen of the United States. Sec. 2. That pensions under this act shall be at the rate of eight dollars per month, and payable from and after the passage of this act, for and during the natural lives of the persons entitled thereto. PENSIONS. 1003 Sec. 3. That before the name of any person shall be placed on the pension roll nnder this act proof shall be made, under such rules and regulations as the secretary of the interior may prescribe, of the right of the applicant to a pen- sion; and any person who shall falsely and corruptly take any oath required under this act shall be deemed guilty of perjury; and the secretary of the in- terior shall cause to be stricken from the pension roll the name of any person whenever it shall be made to appear by proof satisfactory to him that such name was put upon such roll through false and fraudulent representations, and that such person is not entitled to a pension under this act. The loss of the certificate of discharge shall not deprive any person of the benefits of this act, but other evidence of service performed of an honorable discharge may be deemed sufficient. See. 4. That this act shall not apply to any person who is receiving a pension at the rate of eight dollars per month or more, nor to any person receiving a pension of less than eight dollars per month, except for the difference between the pension now received ( if less than eight dollars per month ) and eight dol- lars per month. Sec. 5. That the pension laws now in force, which are not inconsistent or in conflict with this act, are hereby made a part of this act, so far as they may be applicable thereto. Sec. 6. That section forty-seven hundred and sixteen of the Revised Statutes is hereby repealed, so far as the same relates to this act or to pensioners under this act. Approved July 27, 1892. No. 24. Indian Wars — Claim, of Widow for Service Pension under Act of July 27, 1892. A full and explicit reply is required to all questions indicated by this blank. STATE OF , I County of , ' On this day of , A. D. 19. . ., personally appeared before me, a within and for the county and State aforesaid, , aged years, a resident of , in the State of , whq, being duly sworn according to law, declares that she is the widow of deceased, who was the identical person who served under the name of , as a in the company commanded by Captain , in the regiment of (if in the navy, name vessels) , commanded by , in the war ; that her said hus- band enlisted at , on or about the day of , A. D. 18. . ., for the term of , and was discharged at , on the day of , A. D. 18 . . . ; that he also served in Captain company, regiment, volunteers, from , 18. . ., to , 18. . . ; and in Captain company, 1004 clbek's assistant. regiment, Tolunteers, from , 18 ... , to , 18 ... ; that he was not otherwise employed in the military or naval service of the United States. That at the time of entering the service claimed for, her said husband was years of age, feet, inches in height, with eyes, hair, complexion, by occupation a , and that he was born at , county of , Stats of That after leaving the service he resided at , years, at , years, at , years, and at That she was married to him on the day of , A. D. 18 . . . , at , by , a , under the name of that he had {or, had not) been previously married to , who on the day of , A. D. 18 ... ; that she had ( or, had not ) been previously married to , who on the day of , A. D. 18... That her said husband died at , on the day of , As D. 18. . . ; that she has {or, has not) since remarried, to-wit, to , on the day of , A. D. 18 . . . That she has heretofore ma^e application for pension; that the number of her claim is ; that she has made application for bounty land, the number of her land warrant being ; that her husband did make application for pension, the number of his claim being ; that he did make application for bounty land, the number of his warrant being That she is a citizen of the United States, and makes this application for the purpose of obtaining a pension under the provisions of the act approved July 27, 1892 ; and hereby appoints , of , her true and lawful attorney. That her post-office address is No street (city, or, town of) , county of , State of (Signature of claimant in full.) Attest : Also personally appeared , aged years, residing at No street, in , and , aged years, residing at No street, in , persons whom I certify to be respectable and entitled to credit, and who, being by me duly sworn, say that they have known the said for years and years, respectively; that they were present and saw her sign her name {or, make her mark) to the foregoing declaration; that they have every reason to believe, and do believe, from the appearance of said claimant, and from their personal acquaintance with her, that she is the identical per- PENSIONS. 1005 son she represents herself to be; and they further say that they are fully sat- isfied that she is the person who was the wife of the identical , who rendered the service alleged in the above application (in the company of Cap- tain , in the regiment of , In the war ) , by the following named facts and circumstances : , and that they have no interest in the prosecution of this claim. ( Signatures of witnesses. ) Attest ; (If witnesses sign by mark, their signatures must be attested by persons who wi'ite.) Sworn to and subscribed before me, this day of , A. D. 19 . . . , and I hereby certify that the contents of the above declaration, etc., were read and explained to the applicant and witnesses be- (L. s.) fore swearing, including the words added, and the words erased ; and that I have no interest, direct or indirect, in the prosecution of this claim. ( Signature. ) (Official character.) No. 25. declaration for Nurse's Pension. ( Act of August 5, 1892. ) (To be executed before some officer authorized to administer oaths for gen- eral purposes. The official character and signature of any such officer not re- quired by law to use a seal must be certified by the clerk of the proper court, giving dates of beginning and close of official term.) STATE OF NEW YORK, | County of , ( On this day of , A. D. 19. . ., personally appeared before me, a , within and for the county and State aforesaid, , aged years, a resident of , county of , State of , who, being duly sworn, according to law, declares that she is the identical who was employed as nurse ( state by contract or otherwise) , on the day of , 18 ... , in (here state post, camp, or general hospital ) , in the service of the United States, in the war of the rebellion, and served at least six months, and was honorably re- leased at , on the day of , 18 . . . That she is unable to earn a support by reason of ( here name causes 1006 cleek's assistant. for inability to. earn a support) . That said disabilities are to the best of her knowledge and belief of a permanent character. That she is a pen- sioner under certificate No (granted by special act of Congress, or other- wise). That she has been employed in the United States service as nurse otherwise than as stated above That she makes this dec- laration for the purpose of being placed on the pension roll of the United States under the provisions of the act of August 5, 1892. (Claimant's signature.) Attest : (1) (2) Also personally appeared , residing at , and , residing at , persons whom I certify to be respectable and entitled to credit, and who, being by me duly sworn, say, they were present and saw , the claimant, sign her name ( or, make her mark ) to the foregoing declaration; that they have every reason to believe, from the appearance of said claimant and their acquaintance with her for years and years, respectively, that she is the identical person she represents herself to be, and that they have no interest in the prosecution of this claim. (Signatures of witnesses.) (1) (2) Sworn to and subscribed before me, this day of , A. D. 19 ... , and I hereby certify that the contents of the above declaration, etc., were fully made known and explained to the applicant and (L. s.) witnesses before swearing, including the words erased and the words added, and that I have no interest, di- rect or indirect, in the prosecution of this claim. (Signature.) (Official character.) Instructions. If the rolls of the hospital show employment for the period named, it can be ascertained by this office, and no other proof of this fact will be required. If the surgeon-general has no record of the service, other proof will be re- quired as to the fact and period of service. Either testimony of persons hav- ing knowledge of the facts or original documentary evidence may be filed. The evidence of two witnesses should be filed as to dependence and inability to earn a support. If the claimant suffers from physical disability, that fact can be proved, but the nature of the disability need not be stated. PLANKEOADS. 1007 CHAPTEK XLIX. PLANKROADS. CoRPOBATiONS, to Construct and maintain plankroads in New York, are formed under the Transportation Corporations Law, § 120 et seq. See the title CoEPOBATiONS, for forms for incorporating. The following miscellaneous forms comply with the New York statute. FORMS IN THIS CHAPTER. No. Page. Notice that the books are open for subscription 1 lOOT Book of subscription 2 1007 Notice of the election of the first directors 3 1008 Incorporation 4 100& Scrip certificate 5 1008 Affidavit of directors as to subscription 6 1009 Application to supervisors to lay out road 7 1009 Notice of application to be published 8 1009 Notice by three supervisors of special meeting of the board 9 1010 Proof of service of notice of call of a meeting of the supervisors 10 1010 Oath of the commissioners 11 1019 Agreement with the supervisor and commissioner 12 1010 Deed or release of owner to the company of land for the use of a plank- road 13 1011 Notice of election of directors 14 1011 Notice to pay stock 15 1011 Annual report of corporation 16 1012 No. 1. Notice that the Books are Open for Subscription. Take notice, that books for subscribing to the capital stock for the Agawam Plank Road {or, turnpike), to be constructed from the corner of Lark and Lydius streets, in the city of Albany, to Bcrnville, in the county of Albany, on as direct a line as practicable, will be opened at the town house, in the town of Berne, on the day of , 19 . . . , at 9 o'clock, A. M., and continue open till 3 p. m., on that and each succeeding day for ten days. Dated, ,19... L. L. M. M. No. 2. Book of Subscriptions. For the purpose of forming a corporation under the Transportation Corpora- tions Law, article IX, with a capital of $ , divided into shares of $100 each, we, the subscribers, severally mutually agree to take and pay for the shares of stock by us set opposite our names, to the directors of the company hereafter to be formed, in accordance with the provisions of said 1008 acts, in such sums and at such times and places as such directors may order for the purpose of constructing a plankroad from the corner of Lark and Lydius streets, in the city of Albany^ to Bernville, in the county of Albany. Names. Residence . Number of shares. No. 3. Notice of the Election of the First Directors. Notice is hereby given, that the subscribers to the stock of the Agawam Plank Road will meet at Bernville on the day of , 19. . ., at 10 A. M., to elect directors of said company. Berne, , 19... L. L. M. M. No. 4. Incorporation. (Transp. Corp. L., § 120.) See title Corpokations. No. 5. Scrip Certificate. The Agaicam Plank Road Company, No. 10. This certifies, that A. B., of the town of Berne, county of Albany, State of New York, is entitled to five shares of the capital stock of the Agawam Plank Road Company, such share being $100, upon each of which shares there has been paid the sum of 10 per cent., subject to such future payment as may be required from time to time by the directors, in accordance with the conditions of the articles of incorporation; the stock is transferable on the books of the corporation only, and by the stockholder in person, or his attorney, and on surrender of this certificate. In witness whereof, the president and secretary have set their hands here- unto, at Albany, , 19 . . . M. X., Secretary. P. A., President. PLANKE0AD8. 1009 No. 6. Affidavit of Directors as to Subscription. (Id.) Albany County, ss. : A. B., C. D., and E. F., being duly sworn, do severally say that they are the directors of the Agawam Plank Road Company, and that the amount of capital stock required by the first section of the " Plank Road Act," passed May 7, 1847, being at least $500 for every mile of the road intended to be built by said company, has been subscribed in good faith (if a bridge corporation, not less than one-fourth of the amount of its capital stock ) , and that at least 5 per cent, on such amount has been paid in cash to the directors of said com- pany for the purposes specified in said act. A. B. Severally subscribed and sworn, etc. C. D. E. F. No. 7. Application, to Supervisors to Lay Out Boad. (Id., § 123.) To the Hon. the Supervisors of Albany County : The directors of the Agawam Plank Road Company apply to the board of supervisors of Albany county, for authority to lay out and construct a plank- road from the corner of Lydius and Lark streets, in the city of Albany, to Bern- ville, in a direct line as near as may be, a distance of about twenty-four miles, having a single track of about eight feet in width, and to take the real estate necessary for such purpose; and that three {or, one, or, two) commissioners may be appointed to lay out said road. G. D., Beeretary. A. B., President. Dated , 19... No. 8. IToiice of Application to be Published. (Id.) Take notice, that on the day of , 19. . ., at 10 o'clock, a. m., an application, of which the following is a copy, will be presented to the board of supervisors, at their room in the City Hall, in the city of Albany. Dated, , 19. . . . A. B., President of A. P. B. Go. 64 1010 cleek's assistant. No. 9. Notice by Three Supervisors of Special Jyteeting of the Board. (Id.) There will be a meeting of the board of supervisors of the county of Albany, at their room, in the , City Hall, in the city of Albany, on the day of , 19. . ., at 10 o'clock in the forenoon, to hear an application of the Agawam Plank Road Company, for authority to lay out and construct a plank- road from the corner of Lark and Lydius streets, in the city of Albany, to Bernville, in said county, and to talce such action as the board of supervisors may deem advisable in regard thereto. Witness the hands of the subscribers, three of the supervisors of the county of Albany, , 19. . . A. B., C. D., E. F., Supervisors. No. 10. Proof of Service of Notice of Call of a Meeting of the Supervisors. (Id.) Albany County, ss.: B. B., being duly sv?orn, says, that on the day of , 19 . . , ,. at the town of Knox, he served the within notice upon G. H., supervisor of the town of Knox, by delivering a copy of the same to the said B. B., personally (or, by leaving the same at the residence of the said 6. H., he at the time of such service being absent from home ) . Sworn, etc. B. B^ No. 11. Oath of the Commissioner. (Id., § 124.) County of Albany, ss. : I do solemnly swear [or, afSrm) that I will support the Constitution 6t th& United States, and the Constitution of the State of New York; and I will faithfully discharge the duties of a, commissioner to lay out a plankroad for the Agawam Plank Road Company, from the corner of Lark and Lydius streets, In the city of Albany, to Bernville, in said county, to the best of my ability. Sworn, etc. L. C. No. 12. Agreement with the Supervisor and Commissioner. (Id., § 122.) Whereas, it has been determined that the Agawam Plank Road shall take and use one mile of the highway in the town of New Scotland, being the road PLANKEOADS. 1011 (insert description), for plankroad purposes, it is hereby agreed by and be- tween the supervisor -and commissioner of highways of said town of New Scot- land, and the Agawam Plank Road Company that the said company shall on first obtaining consent of at least two-thirds of all the owners of land bounded on or along such highway, pay to the said commissioner for the said town the sum of $ as the compensation and damages for taking and using the said public highway for a. plankroad for said company. M. M., Supervisor. N, N., Commissioner. A. B., President of Agawam Plank Road Go. No. 13. Deed or Release of Owner to the Company of Land for the TTse of a Plankroad. (Id., § 125.) This indenture, made this day of , 19 ... , between H. H., of the town of New Scotland, of the iirst part, and the Agawam Plank Road Company, of the second part, witnesseth: That the said H. H. hereby sells, releases, and quitclaims to the said Agawam Plank Road Company the fol- lowing described land ( insert description ) , for the uses and purposes of con- structing thereon a plankroad, and for no other purposes whatever. Witness my hand and seal, the day and year first above written. H. H. (L. 8.) (Add acknowledgment.) No. 14. Notice of Election of Directors. The Agawam Plank Road Company: Take notice, that an election of seven directors of the above company will be held at the oflSce of said company (being the ofiice of N. 0., in the town of Berne), on the day of , 19. . ., at 12 o'clock, noon. Dated, , 19. . . CD., Secretary. No. 15. Notice to Pay Stock. The stockholders of the Agawam Plank Road Company are required to pay to the treasurer of said company at their office, on or before the day of , 19 ... , 20 per cent, of the amount severally subscribed by them, under penalty of forfeiture of the stock and all previous payments thereon. Dated, , 19. . . By order of the directors, C. D., Secretary. 1012 clekk's assistant. No. 16. Annual Beport of Corporation. (Stock Corp. L., § 30.) To the Hon. the Secretary of the State of New York : The Agawam Plank Road Company makes the following report in accord- ance with the provision of the statute in such case made and provided: That the cost of the road of said company is $ , That the amount of all money expended is Tliat the amount of capital stock of said company is That the proportion actually issued is That the amount of capital stock of said company paid in is That the amount of money actually expended is That the whole amount of tolls or earnings expended is That the amount received during the year for tolls is That the amount received during the year from all other purposes, to-wit: (Describe what), is That the amount of dividends made for the year by the company is, That the amount set apart for a reparation fund is That the amount of its assets is That the amount of indebtedness of said company, which indebted- ness was incurred for the following purposes: (State them in detail) , is In witness whereof, the said Agawam Plank Road Company has caused this report to be executed in its corporate name this day of 19.... AGAWAM PLANK ROAD CO., By ( Signature of the president, vice-president, treasurer or secretary. ) POOR LAWS. 1013 CHAPTER L. POOR LAWS. The forms given in this chapter are applicable to the New York Poor Lawj the Town Law, and the Code of Criminal Procedure, and relate generally to poor persons who are, or are about to become, a public charge. FORMS IN THIS CHAPTER. No. Page. Oath of office of superintendent of poor .- 1 1015 Oath of oflSce of OTerseer of poor 2 1015 Application for order 3 1016 Notice to person to support relative 4 1016 Order compelling relative to maintain poor person 5 1017 Proof of service of the foregoing 6 1017 Warrant to seize the goods of an absconding father, husband, or mother, 7 1018 Report to County Court 8 1018 Bond to be given to overseers of the poor 9 1019 Order to discharge the warrant and to restore property 10 1019 Order by the Sessions 11 1020 Notice from one town to another (In a county where the towns are liable to support their own poor), requiring the overseers of the town in which the pauper has a residence, to provide for his support 12 1021 Notice contesting alleged settlement 13 1022 Summons of superintendents to a witness to appear and testify 14 1022 Superintendent's decision as to settlement of a pauper 15 1023 Superintendent's notice that pauper will be supported at the expense of a town. In a county where the town supported their own poor 16 1023 Decision of superintendents after re-examining settlement of pauper on application of overseers 17 1024 Certificate of a superintendent that a person is a county pauper on appli- cation of overseers of a town 18 1024 Notice as to legal settlement of a pauper 19 1024 Decision of a board of county superintendents annulling the certificate. . 20 1025 Decision by the board of county superintendents as to the refusal of » superintendent to give the certificate 21 1025 Order of the overseers of a town to remove a poor person to the county or town poorhouse 22 1026 The certificate of the keeper of the poorhouse, for the expense of remov- ing a pauper 23 1026 Superintendent's order to pay expenses incurred by overseers previous to the removal of a pauper 24 1026 Supervisor's order for a pauper who requires temporary relief 25 1027 Superintendent's certificate for a weekly allowance 26 1027 Notice of overseers of « town to a superintendent that a pauper has no legal settlement 27 1028 Proof of service of the foregoing notice 28 1028 Notice of the Improper removal of a pauper from another county 29 102S Denial of facts in foregoing notice 30 1029 Annual report of the superintendents of the poor of the county of , to the State board of charities 31 1029 Complaint against vagrant 32 1031 Complaint against habitual drunkard 33 1031 Warrant for vagrancy 34 1031 Information as to truant child 35 1032 10 li No. Page. Summons as to parent, etc., to attend examination of truant child.... 3t> 1032 Undertaliing of parent, master, or guardian of truant cliiid 37 1033 Engagement of parent, master, or guardian of truant ctiild 38 1034 Warrant of arrest of truant cliild 39 1033 Warrant to commit truant cliild having parent, master, or guardian — Plea, not guilty 40 1035 Warrant to commit a truant child, having parents, guardian, or master — Plea of guilty 41 1037 Warrant to commit truant child, having no parent, guardian, or master — Plea of guilty 42 1038 Certificate of conviction of vagrant 43 1039 Warrant to commit a vagrant after trial — Plea, not guilty 44 1040 Warrant to commit « vagrant — Plea of guilty 45 1041 Information against child begging, etc 46 1042 Warrant against a child begging, etc 47 1042 Warrant to commit a child found begging — Plea, not guilty 48 1043 Warrant to commit a child found begging — Plea, guilty 49 1044 Affidavit for disorderly person 50 1045 Warrant for disorderly person 51 1045 Affidavit for disorderly person — Fortune teller 52 1046 The same — Threatens to run away 53 1046 The same — House of prostitution, etc 54 1047 Recognizance 55 1047 Recognizance for good behavior 56 1048 Recognizance for good behavior after commitment 57 1048 Certificate of conviction — Disorderly person 58 1049 Warrant to commit a disorderly person — Plea of not guilty 59 1049 Bastardy, application In, by overseers 60 1050 Bastardy, affidavit of pregnancy 61 1051 Warrant against reputed father prior to birth of child 62 1051 Bastardy — Affidavit of mother after birth of child 63 1052 Warrant against father after birth of child 64 1052 Indorsement to be made by justice upon the warrant when reputed father resides in, or Is in, another county 65 1053 Indorsement to be made by the justice in the county where warrant is to be executed 66 1053 Bastardy — Putative father's bond on arrest In another county 67 1053 Certificate of discharge to be indorsed on warrant 68 1054 Bastardy — Bond on adjournment 69 1054 Subpoena in bastardy case 70 1055 Order of filiation 71 1055 Bond after order of filiation 72 1050 Bond on appeal from order of filiation 73 1056 Commitment 74 1057 Order of filiation in the absence of the reputed father, apprehended in another county 75 1058 Warrant to commit mother who refuses to disclose the name of the father 76 1058 Process to compel attendance of mother before justices 77 1059 Summons where mother has property in her own right 78 lORO Support of child — -Order to compel the mother to pay for the 79 1080 Undertaking to be given by mother of bastard to appear at County Court 80 1061 Warrant *o commit mother for not executing bond 81 1061 Notice to be given to superintendent or overseer for reducing amount In order of filiation 82 1062 Notice by superintendent or overseer that application will be made to the County Court to increase the amount payable in the order of filiation. . 83 1062 Order reducing sum to be paid by father or mother 84 1063 POOK LAWS. 1015 No. Page, Warrant to seize the property of absconding father or mother 85 1063 Notice of appeal from order of flliation 86 1064 Subpoena on appeal in bastardy cases 87 1064 "Warrant for discharge of putative father after commitment 88 106.'. Indenture made by the superintendents of the poor 89 106." Indenture for blnd^ing out a child by overseerr of the poor 90 1066 Bond of superintendent of the poor 91 1066 Approval of bond indorsed thereon 92 1067 Bond of overseer of the poor 93 1067 Approval indorsed on the foregoing 94 1087 No. 1. Oath of Office of Superintendent of Poor. T do solemnly swear, that I will support the Constitution of the United States, and the Constitution of the State of New York, and that I will faith- fully diseharg;e the duties of the office of according to the best of my ability; And I do further solemnly swear, that I have not directly or indirectly paid, offered, or promised to pay, contributed, or offered, or promised to contribute, any money or other valuable thing as a consideration or a reward for the giv- ing or withholding a vote at the election at which I was elected to said office and have not made any promise to influence the giving or withholding any such vote. Sworn and subscribed before me, this day of , 19 . . . No. 2. Oath of Office of Overseer of Poor. (Town L., § 51.) STATE OF NEW YORK, 1 County of , f I, , do solemnly swear ( or, affirm ) , that I will support the Con- stitution of the United States, and the Constitution of the State of New York, and that I will faithfully discharge the duties of the office of of the town of , in said county, according to the best of my ability. Subscribed and sworn to before me, this ...:.. day of , 19... 1016 cleek's assistant. No. 3. Application for Order. (Crim. Code, $ 914.) COUNTY COURT — County op In the Matter of an Application by the Overseers of the Poor in Behalf of , a Poor Person. ; To the County Court of the County of ; The petition of and , overseers of the poor of the county of , respectfully shows : That one is a resident of the town of , in the county of ; that he is a poor person, and is so old ( or, state some of the other grounds of inability specified in section 914), as to be unable, by work, to maintain himself ; that one isa son of the said and a resident of the said town; that he is of suflSeient ability to relieve or main- tain his said father, but has neglected and ref-used, and still neglects and re- fuses, so to do, or to contribute thereto; Your petitioners, therefore, pray that an order may be granted, directing the said to provide for the relief of and maintenance of his said father, , and for such other and further order or relief in the premises as may be just and proper. Dated, this day of , 19 . . . STATE OF NEW YORK, 1 County of , j and , the foregoing petitioners, being severally duly sworn, does each for himself, say, that he has read the foregoing petition by him subscribed, and knows the contents thereof; that the same is true to his own knowledge, except as to the matters therein stated to be alleged on infor- mation and belief, and as to those matters he believes it to be true. (Jurat.) No. 4. Notice to Person to Support Relative. (Id., § 915.) Sir. — Please to take notice, that, upon the petition of , a copy of which is hereto annexed, the undersigned, overseers of the poor of the town of , will apply to the County Court of the county of , at POOR LAWS. 1017 the , in the of , on the day of , 19. . ., at the opening of court, or as soon thereafter as the appli- cation can be heard, for an order of said court compelling you to relieve and maintain one , and for such other relief as may be just. Dated at , this day of , 19 . . . To Overseers, etc. No. 5. Order Compelling Belative to Maintain Poor Person. (Id., § 916.) At a term of the County Court of the county of , held in and for the county of , at the , in the of , on the day of , 19 . . . Present — Hon , County Judge. COUNTY COURT — County or In the Matter of the Application of, etc., in Behalf, of, etc. On reading and filing the petition of and , overseers of the poor of the county of , and on proof of due service thereof on , and after hearing the proofs and allegations of the respective parties; Ordered, that the said relieve and maintain the said at his own charge, and pay, to the overseers of the poor of the county of the sum of dollars for each and every week for the re- lief and maintenance of , until the further order of the court. And it is further ordered, that he pay to said overseers the further sum of dollars, as and for their costs and expenses of this application. No. 6. Proof of Service of the Foregoing. County of Albany, es, : E. F., of the town of Knox, in said county, being duly sworn, says, that on the day of , he served a copy or duplicate of the annexed 1018 clekk's assistant. notice and application personally {or, by leaving the same at his last place of dwelling with a person of mature age), on the therein named C. D. E. F. Sworn before me, this day ) of ,19... ) M. M., Justice of the Peace. No. 7. Warrant to Seize the Goods of an Absconding Father, Husband, or Mother. (Td., § 921.) County- of Albany, ss. : To the Overseers of the Poor of the Town of Knox, in said County: It appearing to us, two of the justices of the peace of said county, as well by the application and representation to us made by the said overseers, as upon due proof of the facts before us niade, that A. B., late of said town, has ab- sconded from his wife and children, leaving said wife and children chargeable {or, likely to become chargeable) to the public for support; and that said A. B. has some estate, real or personal, in said county, whereby the public may be wholly or in part indemnified against said charge. We, therefore, authorize you, the said overseers of the poor, to take and seize the goods, chattels, ef- fects, things in action, and the lands and tenements of said A. B., wherever the same may Be "found "in said" county":" And you will, immediately upon such seizure, make an inventory of the property by you taken, and return the same, together with your proceedings, to the next Court of Sessions of said county. Given under our hands, in the town of Knox, this day of , 19... C. D., E. F., Justices. No. 8. Keport to County Court. (Id., § 925.) County of Albany, «s. ; To the County Court of said County: The undersigned, to whom the annexed warrant is addressed, on the day of , 19. . . , in the county of Albany, therein mentioned, seized, by virtue of the said warrant, the property of which an inventory is hereunto annexed, and the proceedings of the undersigned, subsequent to the said seiz- POOE LAWS. 1019 ure, are as follo-n-s: (Here state ])ai'ticularl}' those proceedings, and amount of money received by them.) All which is herewith respectfully returned. Dated at Knox, this day of , 19 . . . A. B., C. D., Overseers of the Poor. No. 9. Bend to be Given to Overseers of the Poor. (Id., § 924.) Know all men by these presents, that we, A. B. and C. D., both of the town of Knox, in the county of Albany, are held and firmly bound unto G. H. and J. K., o\'erseers of the poor of the town of Knox, in the sum of $200, for the payment whereof to the said overseers, or their successors in office, we bind ourselves, our heirs, executors, and administrators, jointly and severally, firmly by these presents. Sealed with our seals, and dated at Knox, this day of , 19... The condition of this obligation is such, that, whereas, the said overseers of the poor have lately seized the property of the said A. B., under a warrant issued by E. F. and G. H., two justices of the peace of the countj' of Knox, upon due proof to them given that said A. B. had absconded from his wife and children, leaving them chargeable (or, likely to become chargeable) upon the public for support; and the said A. B. having returned, and being desirous of having his property so taken restored to him : Now, therefore, if the said wife and children so abandoned shall not beeoAe chargeable either to said town or county, then this obligation is to be void; otherwise of force. A. B. (L. s.) Sealed and delivered, and the security approved by and j C. D. (L. s.) before us, two of the justices of the town of Knox. j E. F., G. H., Justices. No. 10. Order to Discharge the Warrant and to Bestore Property. (Id.) County of Albany, ss. . To the Overseers of the Poor of the Town of Knox, in said County: Whereas, by a warrant to you directed, bearing date the day of , 19..., you were authorized to seize the goods, chattels, effects, things in action, and the lands and tenements of A. B., upon proof that he had 1020 absconded from his wife and children, leaving them chargeable to the public for support: And, whereas, the siiid A. B. has returned, and now supports his wife and children so abandoned {or, has given security to the overseers of the poor, satisfactory to us, that the wife and children shall not become charge- able either to said town or county ) , we do, therefore, hereby discharge the said warrant issued against the said A. B., and direct the property taken by virtue thereof, to be restored to him. Witness our hands, this day of , 19 . . . E. F., G. H., Justices. No. 11. Order by the Sessions. (Id., § 918.) At a term of the County Court, held in and for the county of Albany, at the City Hall, in the city of Albany, , 19 . . . Present — Hon. G. W., County Judge. In the Matter of the Application for the Support of A. B., an Indigent Person. On reading and filing the petition of the overseers of the poor of the town of Knox, and after hearing 0. M., of counsel for C. D., and after hearing the proofs and allegations of both of said parties; and it appearing to the said court, that A. B. is a poor person, residing in the town of Knox, is blind (or, lame and decrepit), so as to be unable to work, to maintain himself, and C. D., the son of the said A. B., is of sufficient ability to relieve and maintain the said A. B., but has neglected, and still neglects and refuses to maintain the said A. B., although requested so to do by the overseers of said town of Knox. It is, therefore, hereby ordered, that the said C. D. relieve and maintain the said A. B. in such manner as shall be approved by the overseers of the poor of the said town of Knox, and for that purpose shall pay to the said over- seers the sum of $3 on Saturday of each week until the further order of the court, which said sum the said court adjudges necessary for the support of the said A. B. And it is further ordered, that the said C. D. pay to the said over- seers the sum of $10, the costs and expenses of this application. POOR LAWS. 1021 No. 12. Notice from One Town to Another (In a County wliere the Towns are Liable to Support Their own Poor), Requiring the Overseers of the Town in which the Pauper has a Residence, to Provide for His Support. (Poor L., I 42.) Comity of Albany, ss.. To the Overseers of the Poor of the Town of Berne, in said County: You are hereby notified, that A. B., a pauper, who has gained a settlement in your town, to which he belongs, is in the town of Knox, in said county, and is supported at the expense of the said town of Knox, for which the under- signed are overseers. You are, therefore, required to provide for the relief and support of the said pauper. Given under our hands, at Knox, this day of , 19 . . . A. B., C. D., Overseers of the Poor of the Town of Knox. Note. Evidence was held sufficient to establish that widow with four children was poor and indigent within Revised Statutes, chapter 20, section 58, part 1. Bartlett v. Ackerman, 49 St. R. 296. What will not constitute such removal. Id. To sustain action to recover expenses of pauper, he must be such at time of his removal to claimant county. Bellows v. Courter, 24 St. R. 870. County, where laborer is injured is liable for his support. Wood v. Sim- mons, 51 Hun, 325, 21 St. R. 390. Laborer who has always supported him- self is not poor person within Laws of 1885, chapter 546. Id. Notice by superintendent to overseer, not averring unlawful and improper removal, is insufficient to require latter to deny, or preclude town from con- testing. McKay v. Welsh, 24 St. R. 838. Service of notice by mail on superintendent of poor is sufficient if received in due time. Stilwell v. Kennedy, 51 Hun, 114, 24 St. R. 140. Notice and reply, in this case, held sufficient in form and substance. Id. Settlement of poor person, until he acquires one in his own right, is that of his father or mother. Id. Unequivocal denial of liability for support of pauper alleged to have been improperly removed from one county to another, is sufficient to set running the thirty days' statute of limitation. Stilwell v. Coons, 122 N. Y. 242, 33 St. R. 262, affg 12 id. 745. City cannot recover back money paid for poor person, in absence of repre- sentations as to responsibility or physical condition. City of Albany v. Mc- Namara, 117 N. Y. 168, 27 St. R. 165, rev'g 17 id. 554. Misjudgment of poor authorities raises no implied promise on,. part of poor person to repay. Id. So long as order remains in force, and support is not given by relative, re- covery can be had. Aldridge v. Walker, 73 Hun, 281, 57 St. R. 273, Such 1022 clerk's assistant. order, though it gives no option to relative to support her daughter or pay amount provided, cannot be treated as void. Id. Court of Sessions cannot attach to liability of support condition that support shall be received at specified place. Matter of Weaver v. Benjamin, 45 St. E. 95. No. 13. Notice Contesting Alleged Settlement. (Id., § 43.) County of , ss.: To the Overseers of the Poor of the Town of Knox, in said County: Please to take notice, that the undersigned, overseers of the poor of the town of Berne, in said county, will appear before the superintendents of the poor of the said county, at the poorhouse ( or, other place as may be designated ) , on the day of , at 10 o'clock in the forenoon, to contest the al- leged settlement of A. B., a pauper, as set forth in your notice of the instant. Dated at , this day of , 19 . . . B. F., a. H., Overseers of the Poor of the Town of Berne. No. 14. Summons of Superintendents to a Witness to Appear and Testify. (Id., § 44.) County of , ss.: The People of the State of New York, to C. D. : You are hereby required personally to appear before the undersigned, super- intendents of the poor of the said county, at the poorhouse [or, such place as is designated in the notice), on the day of , 19. . ., at 10 o'clock in the forenoon, to testify on behalf of the overseers of the poor of the town of , in said county, concerning the alleged settlement of A. B., a pauper. bated at , this day of , 19 . . . A. B., C. D., E. F., Superintendents of the Poor. POOK LAWS. 1023 No. 15. Superintendent's Decision as to Settlement of a Pauper. (Id.) County of Albany, ss.: The undersigned, superintendents of the poor of said county, having con- vened, as required by the overseers of the poor of the tovpn of , in said county, pursuant to their notice, proceeded to hear and determine a con- troversy vehich had arisen between the said overseers and the overseers of the town of , in said county, concerning the settlement of A. B., a, pauper ; and upon such hearing of the facts, the undersigned hereby decide that the legal settlement of the said A. B., as such pauper, is (or, is not) in the said town of And the undersigned hereby award to the overseers of the poor of the town of , the prevailing party, the sum 'of $ , costs of said proceeding, by them expended. Given under our hands and seals, at , this day of ,19-.- A. B., C. D., E. ¥., Superintendents of the Poor. No. 16. Superintendent's Notice that Pauper will be Supported at the Expense of a Town, in a County where the Town Support Their Own Poor. (Id., § 46.) County of Albany, ss. : To the Overseers of the Poor of the Town of Berne, in said County: A. B., a pauper, having been sent to the poorhouse as a county pauper, and the undersigned, superintendents of the poor of said county, having inquired into the fact, and being of opinion that the said pauper has a legal settlement in the town of Berne, in said county, pursuant to the provisions of the Poor Law, you are hereby notified, that the expenses of the support of said pauper will be charged to the town of Berne, unless you, the overseers of said town, within (here insert such time, not less than twenty days, as the superintend- eat shall appoint), after the service of this notice, show that the said town of ought not to be so charged. Dated at , this day of , 19. • • (3. D., E. 'r, Superintenaents- 1024 No. 17. Decision of Superintendents after Ke-examinliig Settlement of Pauper on Application of Overseers. (Id.) County of , ss.: The undersigned, superintendents of the poor of the said county, having, on application of the overseers of the poor of the town of , on whom the notice of which the annexed is a copy, was served, re-examined the subject- matter of the said notice, and taken testimony in relation thereto, do hereby decide, that the pauper, A. B., therein mentioned, has a legal settlement in the said town of , to which, as such pauper, he belongs ( or, has not a legal settlement in said town of ) . Given under our hands, at , this day of , 19 . . . A. B., C. D., E. F., Superintendents of the Poor. No. 18. Certificate of a Superintendent that a Person is a County Pauper on Application of Overseers of a Town. (Td., § 47.) County of , ss.: The overseers of the poor of the town of , having given notice to the undersigned, that A. B., a poor person, being in said town, should be sup- ported as a county pauper, and having inquired into the circumstances, and being satisfied that the said pauper has not gained a legal settlement in any town in the said county, and is not a State poor person, this certificate of that fact is hereby given; and that the said A. B. is chargeable to the said county. Dated at , this day of , 19 . . . A. B., Superintendent. No. 19. ITotice as to Legal Settlement of a Pauper. (Id.) County of , ss.: To the Overseers of the Town of , in said County : You are hereby notified, that on the day of , at 10 o'clock in the forenoon of that day, the board of superintendents of the poor of said county will proceed to a hearing of the allegations and proofs which may then be presented in relation to the legal settlement of A. B., in the town of And after such hearing, will affirm or annul the certificate given POOE LAWS. 1025 on the day of , 19. . ., declaring that the said A. B. was chargeable upon the said county. Dated at , this day of , 19 . . . A. B., C. D., etc., Superintendents of the Poor. No. 20. Decision of the Board of County Superintendents Annulling the Certificate. (Id.) County of , ss.: C. D., one of the superintendents of the poor of the said county, having re- ported to the board of county superintendents of the poor for said county the case mentioned in the certificate, a duplicate or copy whereof is hereunto an- nexed, the said board, after due notice given to the overseers of the poor of the town of , in said county, and after hearing the allegations and proofs in the premises, do hereby annul the said certificate so given, and do decide that the legal settlement of A. B. is in the town of in said county. Dated at , this day of , 19 . . . A. B., C. D., etc., Superintendents of the Poor. No. 21. Decision by the Board of County Superintendents as to the Refusal of a Superintendent to Give the Certificate. (Id.) County of , ss.; Notice having been given by the overseers of the poor of the town of , in said county, to C. D., one of the superintendents of the poor of the said county, that A. B., a poor person, being in said town, should be sup- ported as a countj' pauper, and the said superintendent having refused {or, neglected) to give the certificate prescribed by section 47 of Poor Law, and the undersigned, constituting the board of county superintendents of the poor for said county, having, on application of the said overseers, summarily heard the matter, hereby determine and decide, that the said pauper hath not gained a legal settlement in any town of the said county, and should be supported as a county pauper (or, hath gained a legal settlement in the town of in said county, as the case may be). And the superintendents hereby award to the overseers of the town of the sum of ( here insert a sum not exceeding $10), costs of said proceeding by them in this behalf expended. Certified under our hands, at , this day of , 19... A. B., C. D., etc., Superintendents of the Poor. 65 1026 OLEEK S ASSISTANT. No. 22. Order of the Overseers of a Town to Bemove a Poor Person to the Ooimty or Town Foorhouse. (Id., § 20.) County of , ss.: A. B., having applied for relief to the overseers of the poor of the town of , who, having inquired into the state and circumstances of the ap- plicant, and it appearing that he (or, she) is in such indigent circumstances as to require permanent relief and support, and can be safely removed, the under- signed, overseers, hereby order the said A. B. to be removed to the county poorhouse, to be relieved and provided for as the necessities of such applicant may require, at the expense of the said county (or, town, according to the fact, if in a county where the towns are required to support their own poor). Given under our hands, at , this day of , 19 . . . A. B., C. D., Overseers of the Poor. No. 23. The Certiflcate of the Keeper of the Poorhouse, for the Expense of Be- moving a Pauper. $2 Treasurer op Madison Co. Pay J. D., two dollars, for transporting R. R. from , being miles, to Madison county poorhouse. Eaton , 19... No. 30. $2 Tkeastjeer of Madison County. This certifies, that J. D. is entitled to two dollars, at the rate prescribed by the super- intendents, for transporting R. R. from the town of , to Madison county poor- house, being miles. Eaton, 19 . . . A. B., Keeper. Countersigned, C. D., E. F., No. 30. Superintendents. No. 24. Superintendents' Order to Pay Expenses Incurred by Overseers Previous to the Benxoval of a Pauper. (Id., § 21.) To the Treasurer of the County of Pay to the overseers of the poor of the town of , in said county, $ , a sum which was necessarily paid out or contracted to be paid for the relief or support of A. B., a pauper, previous to his removal to the county POOE LAWS. 1027 poorhtmse, and which sum the undersigned, superintendents of the poor of the said county, judged was reasonably expended by the said overseers, before the said pauper could properly be removed; and charge the same to the county {or, if a town pauper, to the town of , in said county ) . Given under our hands, at , this day of ,19 A. B., C. D., Superintendents of the Poor. No. 25. Supervisor's Order for a Pauper who Bequires Temporary Belief. (Id., § 13.) The overseers of the poor of the town of , having applied to the undersigned, a supervisor of the said town, relative to A. B., a person apply- ing to them for relief, and having examined into the facts and circumstances, and it appearing that the said A. B., so applying, requires only temporary re- lief {or, is sick, lame, or otherwise disabled, so that he, or, she, cannot be con- veniently removed to the county poorhouse), the undersigned hereby orders the said overseers to apply .$ per week for the relief of the said A. B., un- til they have expended the sum of $10, or such sum less than that amount as may be found suiBcient for the temporary relief of the said poor person, A. B. Given in said town, the day of , 19 . . . C. D., Supervisor. No. 26. Superintendent's Certificate for a Weekly Allowance. (Id.) County of , ss.: The undersigned, one of the superintendents of the poor of the county of , having been applied to by the overseers of the town of , in said county, to give his sanction for the expenditure of a greater sum than $10 for the relief of A. B., as authorized by the supervisor's order hereunto annexed, and having inquired into the facts of the case, and being satisfied that the said A. B. cannot properly be removed to the county poorhouse, and that he is in need of further relief, hereby gives his sanction to the continuance of the weekly allowance specified in said order, until the expenditure amounts to $ , over and above the sum of $10, authorized by the justice's order given in this case, and to be charged to the county (or, town), as specified in said order. Given under my hand, at , this day of , 19 . . . A. B., Superintendent of the Poor. 1028 clei^k'b assistant. No. 27. Notice of Overseers of a Town to a Superintendent that Pauper has no Legal Settlement. (Id., § 24.) To , a Superintendent of the Poor of the County of : You are hereby notified, that on the application of A. B., a poor person, for relief, the undersigned, overseers of the poor of the town of , in said county, with the assistance of C. D., a supervisor of said town, inquired into the facts and circumstances of the case, and found that the said pauper had no legal settlement in any town in said county: And until the county su- perintendents take charge of said pauper, the overseers will provide for his support, and an account for the expense thereof, from the time of the service of this notice, will be presented as a charge against said county. Given under our hands, at , this day of , 19 . . . B. P., G. H., Overseers of the Poor. No. 28. Proof of Service of the Foregoing Notice. County of , ss.: E. F., one of the overseers of the poor of the town of being sworn, says, that a notice, of which the annexed is a copy, was by him served on J. K., one of the superintendents of the poor of said county, on the day of ,19... B. F. Sworn before me, this day i of ,19... [ No. 29. Notice of the Improper Bemoval of a Pauper from Another County. (Id., § 51.) County of , ss.. To the Superintendents of the Poor of the County of : You are hereby notified, that A. B., a poor and indigent person, hatii been improperly sent (or, carried, transported, brought, or removed, or enticed to remove ) from the said county of , to the county of , without legal authority, and there left, with intent to make the said county of , to which the said removal was made, chargeable with the sup- port of the said pauper. You are, therefore, pursuant to the provisions of section 51 of Poor Law, required forthwith to take charge of such pauper. Given at , in said county of , the day of ,19... A. B., C. D., etc. Superintendents of the Poor of County. POOR LAWS. 1029 No. .30. Denial of Facts in Foregoing Notice. (Id., § 52.) County of , ss.: To the Superintendents of the Poor of the County of : You are hereby notified, that the undersigned, superintendents of the poor of the county of deny the allegation contained in your notice, of the supposed improper removal of A. B., as mentioned in your notice to the under- signed, in the manner and with the intent in the said notice alleged. Given under our hands, at , this day of , 19 . . . A. B., C. D., etc., Superintendents of the Poor of the County of No. 31. Annual Beport of the Superintendent of the Poor of the Coxinty of , to the Stete Board of Charities. (Id., § 12.) The superintendents of the poor of the county of , in pursuance of the provisions of section 12 of Poor Law, present to the State Board of Charities their annual report, as follows: The number of paupers relieved or supported during the year pre- ceding the 1st of October, instant, was Of the persons thus relieved, the number of county paupers was The number of town paupers was The whole expense of such support was $ Of this sum, there was paid for transportation of paupers Allowance made to superintendents for their services Allowance made to overseers for their services Allowance made to justices for their services Allowance made to keepers and officers for their services Allowance made to matrons for their services Allowance made to physicians for services and medicines ( In the foregoing will be embraced, as well the expenses at the poorhouse, as those reported by the supervisors of the several towns as the expenses by the overseers of the poor. The items embraced in that part of the report which follows, have particular relation to the poorhouse, and the expenses by those sent to and supported there.) The actual value of the labor of the paupers maintained was $ The estimated amount saved in the expense of their support in con- sequence of their labor 1030 The sum actually expended, over and above the labor and earnings of the paupers, divided by the average number kept during the year, gives dollars and cents per year, or cents per week, as the actual expense of keeping each person. The county poorhouse has acres of land attached to it, and the whole establishment is valued at $ The number of persons in the poorhouse on the 1st of October, in- stant, was Of this number, there were of females Of this number, there were of males (Insert the native county of every such poor person, with the causes, either direct or indirect, which have operated to render such person poor, so far as the same can be ascertained.) Of the females, there were of sixteen years of age and under Of the males of the same age (Include statement of name and age of, and of the names and residence of the parents of, every poor child who has been placed by them in a family dur- ing the year, with the name and residence of the family with whom eivery such child was placed, and the occupation of the head of the family, together with such other items of information in respect to their character and condi- tion as the state board of charities shall direct.) Of the persons relieved or supported during the year, there were foreigners ; lunatics ; idiots, and mutes ; of the mutes, were between the ages of ten and twenty-five years. The number of paupers received into the poorhouse during the year was Born in the poorhouse Died during the year Bound out „ Discharged Absconded The children in the poorhouse over five and under sixteen years of age have been instructed months, by a teacher at the poorhouse ( or, sent to the district school), and the whole number of children taught during the year was (This number is to embrace the names of all the children who have been taught, more or less, in the course of the year.) Given under our kands, at , this day of , 19 . . . Superintendents of the Poor. POOE LAWS. 1031 No. 32. Complaint against Vagrant. (Crim. Code, § 887, subd. 1.) COURT, I , County of , i > of the said of , being duly sworn, makest complaint and says, that , who is now in said of , is a person who *, not having visible means to maintain himself, lives without employment, in that he Subscribed and sworn to before me, this ) day of , 19 . . . ) No. 33. Complaint against Habitual Drunkard. (Id., subd. 2.) (Follow last form down to *, and then proceed) : being an habitual drunk- ard, abandons, neglects, and refuses to aid in the support of his family, in that he, etc. ( Jurat. ) (These forms may be adapted to complaints under the subsequent subdivision of this section.) No. 34. Warrant for Vagrancy. (Id., subd. 1.) COURT, I ysa.. , County of In the name of the People of the State of New York, to any Peace Officer in the County of : Whereas, complaint has this day been made by , of the of , in the county of on oath, before , a justice of the said , that on the day of , 19 ... , at the said of , in said county was and is a person who, not having visible means to maintain himself, lives with- out employment , against the peace of the people of the State of New York and the form of the statute in such case provided; We, therefore, command you forthwith to take the body of the said , and bring him before the said , at the in the said , of J for examination with this warrant, and a return 1032 of your doings thereon indorsed, to be dealt with according to law. Hereof fail not at your peril. Witness the said , at the of in the county aforesaid, the day of 19 . . . ( Signature. ) By virtue of the within warrant, I have arrested the within-named , and now have him before the magistrate by whom this warrant was issued. Dated, , , , 19... Policeman. No. 35. Information as to Truant Child. (Id., § 888.) COUKT, ) {. ss. : , County of , ) , being duly sworn, deposes and says, that he is a in the aforesaid ; that on the day of , 19 ... , one , a child between the age of five and fourteen years, having suffi- cient bodily health and mental capacity to attend the public schools, was found by him wandering in street of said of , a truant, without any lawful occupation. (Signature.) Subscribed and sworn to before me, this day of , 19. .. ( Magistrate. ) ! No. 36. Snnunons to Parent, etc., to Attend Examination of Truant Child. (Id.) COURT, , County of In the name of the People of the State of New York, to , Parent, Guardian, or Master of : Whereas, complaint and information on oath has been duly made by J of the , in the county of , before me, , a justice of the ; that on the day of , 19 ... , said , who is a child between the age of five and fourteen years, having sufficient bodily health and mental capacity to at- tend the public schools, was found wandering in the streets of the of , aforesaid, a truant without any lawful occupation, and said has been duly arrested and is now in custody on said charge, and POOR LAWS. 1033 is to be examined thereon before the said , at the , in tli« of , on the day of 19 . . . You are hereby summoned and required to attend said examination at the time and place aforesaid. Witness the said , at the of , the day of , 19.. . (Indorse return.) (Signature.) No. 37. Xrndertaking of Parent, Master, or Guardian of Truant Child. (Id.) COURT, ) , County of , ) Whereas, complaint having been duly made before , a justice , of the , in the county of , and State of New York ; that , residing in , in the of , in the county of , and State of New York, a child of the age of years, having sufficient bodily health and mental ca- pacity to attend the public schools, was on the day of , 19 ... , found wandering in the streets of the said of , a tru- ant, without any lawful occupation. And, whereas, the said justice, on such complaint being made, did duly cause a peace officer to bring such child be- fore him for examination, and did duly cause , the parent, guardian, or master of such child to be summoned to attend such examination. And, whereas, such examination was, on the day of , 19 ... , duly had before said justice, and said complaint satisfactorily established. And, whereas, on the establishment of said complaint, said justice did require the said parent, guardian, or master of said child to enter into an engagement, in writing, with suret. . , in the sum of hundred dol- lars to the of , that . . he will restrain such child from so wandering about as aforesaid ; will keep h . . in h . . own premises, or in some lawful occupation, and will cause h . . to be sent to some school at least four months in each year, until . . he becomes fourteen years old. Now, therefore, we, , the said parent, guardian, or master, re- siding in county of by occupation a , and , residing in , county of , by occupation a , and , residing in , county of , by occupation a sureties, hereby jointly and severally under- take, that the said will restrain said child from wandering about the streets of said of , a truant, without lawful occu- pation; will keep h. . in h. . own premises, or in some lawful occupation, and will cause h. . to be sent to some school at least four months in each year un- til . .he becomes fourteen years old; or, if he fail to perform either of those 1034 conditions, we, the said sureties, will pay to the of the sum of hundred dollars. Dated at , this day of , 19 . . . (Add acknowledgment and justification.) No. 38. (Id.) Engagement of Parent, Master, or Quardian of Truant Child. COURT. — OF , COUNTT OF The People against Whereas, the above-named, , residing in the county of , and State of New York, a child of the age of years, having suffi- cient bodily health and mental capacity to attend the public schools, was, on the day of , 19 . . . , found wandering in the streets and lanes of , of , a truant, without any lawful occupation. And, whereas, complaint was duly made to , a jus- tice of the of , against said child, therefor. And, whereas, said justice did cause a peace officer to bring such child before him for examination on said complaint, and did cause , the parent, guardian, or master of said child to be summoned to attend such examination. And, whereas, on such examination the said complaint was satisfactorily es- tablished, and the said justice did require the said parent, guardian, or mas- ter of said child to enter into an engagement, in writing, to the of , that he will restrain said child from so wandering about as afore- said ; will keep h . . in h . . own premises or in some lawful occupation, and will cause h . . to be sent to some school at least four months in each year, until . .he becomes fourteen years old. Now, this agreement and engagement witnesseth : That the said , the parent, guardian, or master of said child, hereby covenants, promises, and agrees, to and with the said of , that he will restrain said child from so wandering about as aforesaid ; and will keep h . . in his own premises and in some lawful occupation, and will cause h . . to be sent to some POOR LAWS. 1035 school at least four months in each year, until . .he beeomca fourteen years old. In witness whereof, I have hereunto set my hand and seal, this day of ,19... (L. s.) Sealed and delivered in presence of (Signature.) (The provisions of section 888 of the Code of Criminal Procedure do not appear to be in entire harmony with the Compulsory Education Law. See L. 1894, c. 671, am'd L. 1896, c. 60(j.) No. 39. Warrant of Arrest of Truant Child. (Id.) COURT, ) I ss. : . , County of , j In the name of the People of the State of New York, to any Peace Officer of the County of , Greeting: Whereas, information on oath has this day been duly made by , of the , in the county of before me, , a justice of the said ; that on the day of 19 .... at , in said county, one , a child between the age of five and fourteen years, having sufficient bodily health and mental capacity to attend the public schools, was found wandering in the of the of aforesaid, a truant, without any lawful occupation. You are, therefore, commanded and required, forthwith to apprehend and take the body of the said and bring him before the said , at in the said , with this warrant and a return of your doings thereon indorsed, for examination, and to answer the said complaint, and to be dealt with according to law. Hereof fail not at your peril. Witness, the said , at the , in the county aforesaid, the day of , 19 . . . ( Signature.) No. 40. Warrant to Commit Truant Child Having Parent, Guardian, or Hastei — Plea, not Onilty. (Id.) COURT, ) y 3S.: , County of _. . , ' In the name of the People of the State of New York, to any Sheriff, Constable\ Marshal, or Policeman of the County of and to the Superin- tendent and Principal Keeper of the Almshouse of the said County, Greeting : Whereas, on the day of , 19. . ., was brought before me, , a justice of the peace in and for the and 1036 clerk's assistant. county of , charged on the oath of , which oath was be- lieved by me, the said justice, with being a vagrant, within the intent and meaning of the statute and subdivision 8 of section 887 of the Code of Crim- inal Procedure, in that . . he is a child of the age of years, having sufficient bodily health and mental capacity to attend the public schools, and was, on the day of , 19. . ., found wandering in the streets in said of , a truant, without any lawful occupation. And, whereas, said , on being brought before said justice, was immediately informed by said justice of said charge against h . . and of h . . right to the aid of counsel in every stage of the proceedings, and before any further proceedings were had. And, whereas, , the parent, guardian, or master of said was duly summoned to attend the examination of said on said charge. And, whereas, the said charge was then and there distinctly read and stated to the said , who then and there pleaded not guilty thereto ; who was then and there tried upon the said charge by the said justice, who did thereupon hear testimony on oath in support of said charge, and in defense thereof, and on behalf of said person. And, whereas, the said testimony was given and evidence was had in the presence and hearing of the said and , said parent, guardian, or master, . .he, the said , having previously thereto been allowed a reasonable time to send for and advise with counsel. And, whereupon, the said justice did thereupon adjudge and determine that the said was guilty of the aforesaid charge, and the said was thereupon convicted of the offense aforesaid, to-wit, of being a vagrant, in that . . he, said , is a child of the age of years, having sufficient bodily health and mental capacity to attend the public schools was on the day of , 19..., found wandering in the streets of said of , a truant, without any lawful occupation. And, whereas, after the said complaint was satisfactorily established, the said justice did require the said parent, guardian, or master, to enter into an engagement in writing to the of , that he would re- strain said child from so wandering about; would keep h. . in h. . own prem- ises or in some lawful occupation, and would cause h . . to be sent to some school at least four months in each year, until . . h . . becomes fourteen years old; and the said parent, guardian, or master, having refused or neglected within a reasonable time so to do, it was adjudged and determined by me that the said should be committed to the almshouse of said county, there being no other place provided for h . . reception. Now, therefore, you, the said sheriff, constable, marshal, or policeman, are commanded forthwith to convey and deliver the said into the custody of the said superintendent and principal keeper of the said almshouse. And you, the said superintendent and principal keeper, are hereby commanded POOE LAWS. 1037 to receive the said into your custody, in the said almshouse, and there safely keep h. . until . .he shall be discharged according to law. Given under my hand, at the of , aforesaid, this day of ,19... ( Signature. ) No. 41. Warrant to Commit a Truant Child, Having Parents, Ooardian, or Master — Plea of Guilty. (Id.) COURT, ) County of , ) In the name of the People of the State of New York, to any Sheriff, Constable, Marshal, or Policeman of the County of and to the Superin- tendent and Principal Keeper of the Almshouse of the said County, Greeting : Whereas, on the day of , 19 ... , was brought before me, , a justice of the peace in and for the and county of , charged on the oath of , which oath was be- lieved by me, with being a vagrant within the intent and meaning of the stat- ute and subdivision 8 of section 887 of the Code of Criminal Procedure, in that he is a child of the age of years, having sufficient bodily health and mental capacity to attend the public schools, and was on the day of , 19 ... , found wandering in the streets in said of , a truant without any lawful occupation. And, whereas, the said , on being brought before said justice, was immediately informed by said justice of said charge against h.. and of h.. right to the aid of counsel in every stage of the proceedings, and before any further proceedings were had. And, whereas, , the parent, guardian, or master of said child was duly summoned to attend the examination of said child on said charge. And, whereas, the said charge was then and there distinctly read and stated to the said , and . . he, the said , having been given a reasonable time to send for and advise with counsel, did then and there plead guilty to the said charge in the presence of and before said justice, and of h. . said parent, guardian, or master. And, whereupon, the said justice did thereupon adjudge and determine that the said was guilty of the aforesaid charge, and the said was thereupon convicted of the ofl'ense aforesaid, to-wit, of being a vagrant, in that . .he, the said , is a child of the age of years, having sufficient bodily health and mental capacity to attend the public schools, was, on the day of , 19 ... , found wandering in the streets in said of , a truant, without any lawful occupation. 1038 And, whereas, after the said complaint was satisfactorily established, the said justice did require the said parent, guardian, or master to enter into an engagement in writing to the of , that he would re- strain said child from so wandering about ; would keep h . . in his own prem- ises, or in some lawful occupation, and would cause h.. to be sent to some school at least four months in each year, until . .he becomes fourteen years old. And the said parent, guardian, or master having refused or neglected within a reasonable time so to do, it was adjudged and determined by me that the said should be committed to the almshouse of said county, there being no other place provided for h . . reception. Now, therefore, you, the said sheriff, constable, marshal, or policeman, are commanded forthwith to convey and deliver the said into the custody of the said superintendent and principal keeper of the said almshouse. And you, the said superintendent and principal keeper, are hereby commanded to receive the said into your custody, in the said almshouse, and there safely keep until . .he shall be discharged according to law. Given under my hand, at the of , aforesaid, this day of , 19. . . (Signature.) No. 42. Warrant to Commit Truant Child, Having no Parent, Guardian, or master — Plea of Guilty. (Id.) COURT, ) ' \ ss. : , County of , ) In the name of the People of the State of New York, to any Sheriff, Constable, Marshal, or Policeman of the County of , and to the Superin- tendent and Principal Keeper of the Almshouse of the said County, Greeting : Whereas, on the day of , 19 . . . , was brought before me a justice of the peace in and for the and county of , , charged on the oath of , which oath was believed by me, with being a vagrant, within the intent and meaning of the statute, and svibdivision 8 of section 887 of the Code of Criminal Procedure, in that he is a child of the age of years, having sufficient bodily health and mental capacity to attend the pub- lic schools, and was, on the day of , 19. . ., found wandering in the streets in said of , a truant, without any law- ful occupation. And, whereas, said has no parent, guardian, or master, or no parent, guardian, or master can be found. POOR LAWS. 1039 And, whereas, said , on Deing brought before said justice, uas immediately informed by the said justice of said charge against h. , and of h. . right to the aid of counsel in every stage of the proceedings, and before any further proceedings were had. And, whereas, the said charge was then and there distinctly read and stated to the said , and . . he, the said , having been given a reasonable time to send for and advise with counsel, did then and there plead guilty to the said charge. And whereupon the said justice did thereupon adjudge and determine that the said was guilty of the aforesaid charge, and the said was thereupon convicted of the oflFense aforesaid, to-wit, of being a vagrant, in that . . he, the said , is a child of the age of years, having sufficient bodily health and mental capacity to attend the public schools, was, on the day of 19 ... , found wandering in the streets in said of , a truant, without any lawful occu- pation. It was adjudged and determined by said justice that the said should be committed to the almshouse of said county, there being no other piece provided for h . . reception. Now, therefore, you, the said sheriff, constable, marshal, or policeman, are commanded forthwith to convey and deliver the said into the custody of the said superintendent and principal keeper of the said almshouse. And you, the said superintendent and principal keeper, are hereby commanded to receive the said -into your custody, in the said almshouse, and there safely keep until . .he shall be discharged according to law. Given under my hand, at the of , aforesaid, this day of , 19. . . (Signature.) No. 43. Certificate of Conviction of Vagrant. (Id., § 891.) I certify that A. B., having been brought before me, charged with being a vagrant, I have duly examined the charge, and that upon his own confession in my presence {or, "upon the testimony of C. D.," etc., naming the wit- nesses), by which it appears that he is a person (pursuing the description contained in the subdivision of section 887, which is appropriate to the case), I have adjudged that he is a vagrant. Dated, at the town [or, city) of , the day of , 19... E. F., Justice of the Peace of the Town of , ( or, as the case may be ) . 1040 cleek's assistant. No. 44. Warrant to Commit a Vagrant after Trial — Flea, not Guilty. (Id., § 892.) COURT,) yss.: County of , j In the name of the People of the State of New York, to any Sheriff, Constable, Marshal, or Policeman of the County of , and to the Superin- tendent and Principal Keeper of the Almshouse and Penitentiary of the County, Greeting: Whereas, on the day of , 19 . . . , was brought before me a justice of the peace in and for the and county of , charged on the oath of , which oath was be- lieved by me, the said justice, with, on this present day, at the of , and being a vagrant within the intent and meaning of the statute. And, whereas, the said justice, immediately and before any further pro- ceedings were had, informed the said of the charge against him and of his right to the aid of counsel in every stage of the proceedings, and the said charge was then and there distinctly read and stated to the said , who then and there pleaded not guilty thereto, who was then and there tried upon the said charge by the said justice, who did thereupon hear testimony on oath in support of said charge, and in defense thereof, and on behalf of said person. And, whereas, the said testimony was given and evidence was had in the presence and hearing of the said , he, the said , hav- ing previously thereto been allowed a reasonable time to send for and advise with counsel. And whereupon the said justice did thereupon adjudge and determine that the said was guilty of the aforesaid charge, and the said was thereupon convicted of the offense aforesaid, to-wit, of being a vagrant, in that , the said , on this present day, at the of aforesaid, was , and is a vagrant within the intent and meaning of the statute; and it was adjudged and determined by me that the said , who is not a notorious offender, should be committed to the almshouse of the said county of , or being a notorious offender and improper person to be sent to the almshouse, should be committed to and confined in the almshouse or penitentiary of said county for the term of , at hard labor. Now, therefore, you, the said sheriff, constable, marshal, or policeman, are commanded forthwith to convey and deliver the said into the custody of the said superintendent and principal keeper of the said almshouse or And you, the said superintendent and principal keeper, are hereby commanded to receive the said into your custody, in the said almshouse or , for the term of , at hard labor, and there safely keep until the expiration of the said Given under my hand, at the of aforesaid, this day of , 19. . . (Signature.) POOR LAWS. 1041 No. 45. Warrant to Commit a Vagrant — Plea of Guilty. (M.) COURT, I V ss. : , County of , ) In the name of the People of the State of New York, to any Sheriff, Constable, Marshal, or Policeman of the County of , and to the Superin- tendent or Principal Keeper of the Almshouse or of the said County, Greeting: Whereas, on the day of , 19 . . . , was brought before me, , a justice of the peace in and for the and county of , charged on the oath of , which oath was be- lieved by me, the said justice, with, on this present day, at the of , , and being a vagrant within the intent and meaning of the statute. And, whereas, the said justice immediately and before any further proceed- ings were had, informed the said of the charge against h . . and of h. . right to the aid of counsel in every stage of the proceedings, and the said charge was then and there distinctly read and stated to the said and he. the said was given a reasonable time to send for and advise with counsel. And, wliereas, lie, the said , did then and there plead guilty to the said charge, and in the presence of the said court, by said plea of guilty, did voluntarily admit and confess that he, the said was and is a vagrant within the intent and meaning of the statute. And, whereupon, the said justice did thereupon adjudge and determine that the said was guilty of the aforesaid charge, and the said was thereupon convicted of the offense aforesaid, to-wit, of being a vagrant, in that , the said , was on this present day, at the of , aforesaid , was , and is a vagrant within the intent and meaning of the statute; and it was adjudged and determined by me that the said , who is not a notorious of- fender, should be committed to the almshouse of said county of , •or being a notorious offender and improper person to be sent to the alms- house, should be committed to and confined in the almshouse or of said county for the term of , at hard labor. Now, therefore, you, the said sheriff, constable, marshal, or policeman, are commanded forthwith to convey and deliver the said into the custody of the said superintendent and principal keeper of the said almshouse or And you, the said superintendent and principal keeper, or , are hereby commanded to receive the said into your custody, in the said almshouse or , for the term of at hard labor, and there safely keep until the expiration of the said Given under my hand, at the of aforesaid, this day of , 19 . . . ( Signature. ) 66 1042 clerk's assistant. No. 46. Information against Child Begging, etc. (Id., § 893.) , County of , ss.: , being duly sworn, deposes and says, that he resides in ; that on the day of , 19 ... , one , a child of the- age of years, was found begging for alms and soliciting charity from door to door in the said of , and was found beg- ging for alms and soliciting charity in a street, highway, and public place in said , to-wit : , in that he Taken, subscribed, and sworn to, before me, i this day of , 19 . . . j No. 47. Warrant against a Child Begging, etc. (Td.) COURT, ) , County of ) In the name of the People of the State of New York, to any Peace Officer of the County of : Whereas, complaint has this day been made by , of the of , in the county of , on oath, before a justice of the said , that on the day of , 19 ... , at the of , in said county, one , a child of the age of years, was found begging for alms and solicit- ing charity from door to door, and was found begging for alms and solicit- ing charity in a. street, highway and public place in said , to-wit : against the peace of the people of the State of New York and the form of the statute in such case provided. We, therefore, command you forthwith to take the body of the said and bring h . . before the said , at the , in the said of , with this warrant, and a return of your doings thereon indorsed, to be dealt with according to law. Hereof fail .not at your peril. Witness the said , at the of , in the county aforesaid, the day of , 19 . . . (Signature.) POOR LAWS. 104JJ No. 48. Warrant to Cummit a Child Found Begging — Flea, not Guilty. (Id.) COXIRT, ) > .1 _, , ,• SS. ; . , County of ' In the name of the People of the State of New York, to any Sheriff, Constable, Marshal, or Policeman of the County of and to the Superin- tendent and Principal Keeper of the Almshouse of the said County, Greeting: Whereas, on the day of , 19 . . . , was brou','ht before me, , a , justice of the peace in and for the and county of , , charged on the oath of which oath was believed by me, the said justice, with beins; a child of the age of years, who was, on the day of , 19..., found begging for alms and soliciting charity from door to door, in said of , and who was on the same day found begging for alms and soliciting charity in a street, highway, and public place in said city, to-wit: And, whereas, the said justice, immediately and before any further proceed- ings were had, informed the said of the charge against him and of his right to the aid of counsel in every stage of the proceedings, and the .■-aid charge was then and there distinctly read and stated to the said who then and there pleaded not guilty thereto, who was then and there tried upon the said charge by the said justice, who did thereupon hear testimony nn oath in support of said charge, and in defense thereof, and on behalf of said person. And, whereas, the said testimony was given and evidence was had in the presence and hearing of the said , he, , the said , having previously thereto been allowed a reasonable time to send for and ad- vise with counsel. And, whereupon, the said justice did thereupon adjudge and determine that the said was guilty of the aforesaid charge, and the said was thereupon convicted of the charge aforesaid, to-wit, of being a child of the age of years, who was, on the day of , 19 . . . . found begging for alms and soliciting charity from door to door in said of , and who was, on the same day, found begging foi- alms and soliciting charity in a street, highway, and public place in said city, to-wit : And it was adjudged and determined by me that the said should be committed to the almshouse of the said county of , to be kept employed and instructed in useful labor until discharged by the county su- perintendent of the poor, or bound out as an apprentice by him, as prescribed by special statutes. 1044 clerk's assistant. Now, therefore, you, the said sheriff, constable, marshal, or policeman, are commanded forthwith to convey and deliver the said into the custody of the said superintendent and principal keeper of the said almshouse. And you, the said superintendent and principal keeper, are hereby commande4 to receive the said into your custody, in the said almshouse, and keep h . . employed and instructed in useful labor until discharged by the county superintendent of the poor, or bound out as an apprentice by him as prescribed by special statutes. Given under my hand, at the of , aforesaid, this day of , 19 . . . ( Signature. ) No. 49. Warrant to Commit a Child Pouixd Begging' — Flea, Guilty. (Id.) COURT, ) , County of * In the name of the People of the State of New York, to any Sheriff, Constable, Marshal, or Policeman in the County of , and to the Superin- tendent and Principal Keeper of the Almshouse of the said County, Greeting : Whereas, on the day of , 19 ... , was brought before me, , a justice of the peace in and for the and county of , , charged on the oath of , which oath was believed by me, the said justice, with being a child of the age of years, who was on the day of , 19 ... , found begging for alms and soliciting charity from door to door, in said of , and who was on the same day found begging for alms and so- liciting charity in a street, highway, and public place in said city, to- wit: And, whereas, the said justice immediately and before any further proceed- ings were had, informed the said of the charge against h . . and of h . . right to the aid of counsel in every stage of the proceedings, and the said charge was then and there distinctly read and stated to the said , and he, the said , was given a reasonable time to send for and ad- vise with counsel. And, whereas, he, the said , did then and there plead guilty to the said charge, and in the presence of the said court. And, whereupon, the said justice did thereupon adjudge and determine that the said was guilty of the aforesaid charge, and the said was thereupon convicted of the offense aforesaid, to-wit, of being a child of the age of years, who was on the day of , 19 ... , found begging for alms and soliciting charity from door to door in said of and who was on the same day found begging for alms and soliciting charity in a street, highway, and public place in said city, to-wit : POOR LAWS. 1045 And it was adjudged and determined by me, that the said should be committed to the almshouse of said county of , to be kept em- ployed and instructed in useful labor until discharged by the county superin- tendent of the poor, or bound out as an apprentice by him as prescribed by special statutes. Now, therefore, you, the said sheriff, constable, marshal, or policeman, are commanded forthwith to convey and deliver the said into the custody of the said superintendent and principal keeper of the said almshouse. And you, the said superintendent and principal keeper, are hereby commanded to receive the said into your custody, in the said almshouse, and keep h . . employed and instructed in useful labor until discharged by the county superintendent of the poor, or bound out as an apprentice by him as prescribed by special statutes. Given under my hand, at the of aforesaid, this day of , 19. . . ( Signature. ) No. 50. Affidavit for Disorderly Person. (Id., § 899, subd. 1.) COXJRT, , County of , of , in the said of being duly sworn, says, that she is the wife of , of said ; that she complains of her said husband of being a disorderly person, according to section 899 of the Code of Criminal Procedure, for that he has actually aban- doned his wife and children without adequate support, and has left them in danger of becoming a burden upon the public, and he neglects to provide for them according to his means. Deponent further says, that for several days last past he has actually abandoned his family without adequate support, and left them in danger of becoming a burden upon the public, and that such fam- ily is not possessed of property or of the means of obtaining a livelihood with- out the aid of such husband. Taken and sworn to, this day of , 19. . ., before me. (Signature.) No. 51. Warrant for Disorderly Person. (Id.) COURT, ) I ss. : County of In the name of the People of the State of New York, to any Peace Officer in the County of ; Whereas, complaint, on oath, has this day been duly made by , of the of , in the county of , before me. 1046 clebk's assistant. , a justice of the said of ; that on the day of , 19 ... , , at the of , in said county, and for several days last last, one , w.is and is a disorderly person, for that he has actually abandoned his wife and children without adequate support, and has left his wife and children in danger of becoming a burden upon the public; and has neglected to provide for his wife and children according to his means, against the peace of the people of the State of New York and the form of the statute in such case pro- vided. We, therefore, command you forthwith to apprehend and take the body of the said and bring him before the said , at the , in the said of , for examination, with this warrant and a return of your doings thereon indorsed, to answer the said complaint, and to be dealt with according to law. Hereof fail not at your peril. Witness, the said , at the of , in the county aforesaid, , the day of , 19 . . . ( Signature. ) By virtue of the within warrant, I have arrested the within-named , and now have him before the magistrate by whom this warrant was issued. Dated, , 19... No. .52. Affidavit for Disorderly Person — Fortune Teller. (Id., subd. 3.) STATE OF NEW YORK, County of , , being duly sworn, says, that he resides in the of , in said county, and that is a disorderly person resid- ing in said county, for the reason that he * pretends to tell fortunes (or, where lost and stolen goods may be found), to the end that he may extort money, in that, etc. (here describe the manner of operation, etc.). (Jurat.) No. 53. The Same — Threatens to Bun Away. (Id., subd. 2.) (Follow last form down to *, and then proceed as follows) : threatens to run away and leave his wife and children a burden upon the public, and that such family is not possessed of property or of the means of obtaining a liveli- hood without the aid of such husband. (Jurat.) POOE LAWS. 1047 -Xo. 54. The Same — House of Prostitution, etc. (Id., subd. 4.) (Follow form No. 52, down to », and then proceed) : keeps a bawdy-house therein, or a house for the resort of prostitutes, drunkards, tipplers, game- sters, habitual criminals, or other disorderly persons, in the town of i» said county, in that, etc. ( Here state the facts and circum- stances showing tlie nature of the place er the character of the persons re- sorting thereto.) ( Jurat. ) (The above forms may be adapted to the subsequent subdivisions of this section. ) No. r,5. Becognizance. (Id., § 899.) ,TUSTICE'S COURT. STATE OF NEW YORK, j County of , j Whereas, on the day of , 19 ... , did make complaint on oath, before , one of the justices of the peace of the town of , in said county, against , in which complaint it was alleged that the said ; And, whereas, the said justice caused the said to be brought before him and examined touching the offense in said complaint alleged, and it appeared to the said justice, upon such examination, by the confession of said , and by competent testimony ,j that he was guilty of the of- fense in said complaint alleged, and was and is a disorderly person; And, whereas, the said justice did, for the reasons set forth in said com- plaint, thereupon require the said to enter into a recognizance with , suret. ., approved by the said justice, in the sum of dollars *, that he will support his wife and children, and will indemnify the against their becoming, within one year, chargeable upon the public ; Now, therefore, we, , of the , in said county, by occu- pation a , and , of the , in said county, by occupation a , hereby jointly and severally undertake to pay to the people of the State of New York the sum of dollars, upon the fol- lowing conditions: The condition of this obligation is such that, if the said will support his wife and children, and will indemnify the against their 1048 clerk's assistant. becoming, within one year, chargeable upon the public, then this recognizance shall be void; otherwise, to remain in full force and effect. In witness whereof, we have hereto set our hands and seals, this day of ,19... (Acknowledgment and justification clauses, and approval of justice.) (The above form can be readily ada/pted to other similar eases under sec- tion 899.) No. 56. Recognizance for Good Behavior. (Id., subds. 3, 9.) (Follow last form down to *, and then proceed) : for the good behavior of the said for the space of one year.* Now, therefore, we, , of the , in said county, by oc- cupation a , and of the , in said county, by occupation a , hereby jointly and severally undertake to pay to the people of the State of New York the sum of dollars, upon the fol- lowing conditions: The condition of this obligation is such that, if the said , will be of good behavior for the space of one year next ensuing the date hereof, and not be guilty of the acts set forth in said complaint, then this recognizance shall be void ; otherwise, to remain in full force and effect. In witness whereof, we have hereto set our hands and seals, this day of , 19... (Add acknowledgment and justification clauses, and approval of justice.) No. 57. Becognizance for Good Behavior after Conrmitment. '(Id., § 899.) (Follow last form down to *, and then proceed: ) And, whereas, the said , having failed to give the said undertak- ing, was, by the said justice, convicted on the day of , 19 . . . , of being a disorderly person, as charged in the complaint, and a record of said conviction was duly made by the said justice, signed by him with the name of his office, and filed in the office of the county of ; And, whereas, the said was, by a warrant signed by the said justice, with his name of office, duly committed to the common jail of the county of , for the term of , at hard labor, or until he gives the said security required as aforesaid, and still remains in said com- mon jail of said county; And, whereas, an application has been made to and , two justices of the peace ( or, to Hon , county judge of the county POOR LAWS. 104&- of ) ) to take such undertaking so aa aforesaid required of and on behalf of ; 'Now, therefore, we, , of the , in said county, by occu- pation a , and of the , in said county, by occupation a , do hereby jointly and severally undertake to pay to the people of the State of New York the sum of dollars, upon the following conditions: The condition of this obligation is such that, if the said will be of good behavior for the space of one year from the time of said conviction, and shall not, during such time, be guilty of any of the acts of which he was BO as aforesaid convicted as being a disorderly person, then this recognizance shall be void; otherwise, to remain in full force and effect. (Same as in last form.) No. 58. Certificate of Conviction — Disorderly Person. (Id., § 902.) I certify that A. B., having been brought before me, charged with being a disorderly person, I have duly examined the charge, and that upon his own confession in my presence {or, upon the testimony of C. D.," etc., naming the witnesses), by which it appears that he is a (pursuing the description con- tained in the subdivision of section 899 which is appropriate to the case ) . I have adjudged that he is a disorderly person. Dated at the town {or, city) of , the day of ,. 19... E. F., Justice of the Peace of the town of , {or, as the case may be.) No. 59. Warrant to Commit a Disorderly Person — Plea of not Guilty. (Id., § 903.) JUSTICES' COURT. STATE OF NEW YORK, ) f S3. ' County of , ) In the name of the People of the State of New York, to , Greetins: Whereas, on the day of , 19. ■ •, was brought before me, , a justice of the peace in and for the of , and county aforesaid, charged upon the complaint, on oath, of with having, on the day of , 19.. ., been a dis- orderly person, for that he And, whereas, the said justice immediately, and before any further proceed- ings were had, informed the said of the charges against him and of 1050 cleek's assistant. his right to the aid of counsel in every stage of the proceedings, and the said charge was then and there distinctly read, and stated to the said , who then and there pleaded not guilty thereto, and was then and there tried upon the said charge by the said justice, who did thereupon hear testimony on oath in support of said charge, and in defense thereof, and on behalf of said person ; And, whereas, the said testimony was given and evidence had in the pres- ence and hearing of the said , after he had been allowed a reasonable time to send for, and advise with counsel. And, whereas, the said- justice did thereupon adjudge and determine that the said was guilty of the aforesaid charge, and the said was thereupon duly convicted of the offense aforesaid, to-wit, of being a dis- orderly person, in that he did, at , aforesaid, on the said day of ,19..., ; And, whereas, prior to such conviction, the said was required to give security, by written undertaking, with suret . . , in the sum of dollars, that he would support his wife and children and would indemnify the against their becoming, within one year, chargeable upon the public; And, whereas, the said , inasmuch as he did not give the under- taking required as aforesaid, was convicted of being a disorderly person as aforesaid by the said justice, who forthwith duly made up and signed, with his name of office, and immediately filed in the office of the county of , a record of such conviction; Now, therefore, you, the said constable, marshal, or policeman, are com- manded forthwith to convey and deliver the said into the custody of the sheriff of the county of ; and you, the said sheriff, are hereby commanded to receive the said into your custody in the common jail of said county, and safely keep him in such common jail for the term of , at hard labor, or until he gives the said security as aforesaid. Given under my hand, at the aforesaid, this day of , 10-. Justice of the Peace. ( The above form may be readily adapted to other cases arising under section 899.) No. 60. Bastardy — Application in, by Overseers. (Id., § 840.) County, ss. : To , Esq., Justice of the Peace of the County of : , being pregnant with child, which is likely to be born a bastard, or having been delivered of a bastard child, and become chargeable to said POOR LAWS. 1051 •county (or, town, or, city, as the ease may be), the undersigned, pursuant to section 840 of the Code of Criminal Procedure, of the State of New Yorlc, applies to you to make inquiry into the facts and circumstances of the case. Given under my hand, at the of , this day of ,19--- ) Overseer of the Poor. No. 61. Bastardy — Affidavit of Pregnancy. (Id., § 841.) County, ss. .■ The voluntary examination of , of , in the of taken in writing, upon oath before , one of the justices of the peace of the , who saith she is now with child, and has been so for about months last past, and that the said child is likely to be born a bastard, and to be chargeable to the said town of ; that she is, and has for one year past been, an unmarried woman {or, , her husband has continued absent out of this State for one whole year previous to such birth, separate from her and leaving her during that time continuing and residing in this State ; and that such child was begotten and will be born during such absence and separation; or, that such child was begotten and will be born during the separation of its mother from her husband, pursuant to a decree of a court of competent authority ) , and that hath gotten her with child of the said bastard child. Taken upon oath, before me, this day of , 19. . . Justice of the Peace. No. 62. Warrant against Beputed Father Prior to Birth of Child. (Id.) County, ss. : To any Peace Officer of said County, Greeting: Whereas, upon the application of , overseer of the poor of said , in said county, to me, , one of the justices of the peace of the said county of , I have ascertained by the examination, on oath, of , that she is now pregnant of a child, likely to be born a bastard, and to be chargeable to the said sounty, and (recite examination) is the reputed father of such child ; these are, therefore, to com- mand you forthwith to apprehend the said , and bring him before me, at my office, in the town of , in said county of , for 1052 the purpose of having an adjudication respecting the filiation of such child, likely to be bom a bastard. Given under my hand this day of , 19 . . . Justice of the Peace. No. 63. Bastardy — Afl3.davit of Mother after Birth of Child. (Id.) County, ss. : The voluntary examination of , of in the of , taken on oath before me , one of the justices of the peace of the of , who saith, that on the day of , in the year of our Lord, 19 ... , at the , of , she wa? delivered of a male bastard child, and that the said child is likely to be chargeable to the county of , aforesaid, and that hath gotten her with child of the said bastard child. Taken, upon oath, before me, this day of , 19 — Justice of the Peace. No. 64. Warrant against the Father after Birth of Child. (Id.) County, ss. : To any Peace Officer of the County of , and to all and every one of them. Greeting: Whereas, , of the said of , a woman, hath, in her examination, taken this day of , 19. . ., in writing, upon oath, before me, , one of the justices of peace of the said of , declared on the day of , 19 ... , at the said of , she was delivered of a .... male bastard child, and that said child now is, and is likely to continue to be, chargeable to said of , and that is the father of the said bastard child. And, whereas, application hath been made to me by , overseer of the poor of the town of , in said county, to make inquiry into the facts and circumstances of the ease ; and having, upon such inquiry, ascer- tained that said ia the reputed father of such child so born a bas- tard; These are, therefore, in the name of the people of the State of New York, to command and authorize you, immediately, to apprehend the said and forthwith to bring him before me, the undersigned justice of the peace,. POOR LAWS. 1053 at the said of , for the purpose of having an adjudication respecting the filicution of such bastard child. Given under my hand, this day of , 19 . , . Justice of the Peace. No. 65. Indorsement to be Made by Justice upon the Warrant when Reputed Father Resides in, or is in, Another County. (Id., § 843.) County of ss. : I, the within-named justice of the peace of the said county, hereby direct that the penal sum which any bond shall be taken of the within-named shall be dollars. Dated at , this day of , 19 . . . No. 66. Justice of the Peace. Indorsement to be Made by the Justice in the County where Warrant is to be Executed (Id.) County of , ss.: The within warrant, with the indorsement made thereon by the justice of the peace by whom it was issued, of the sum required to be put in the bond, having been presented to me, a justice of the peace of, and residing in, said county of , and due proof under oath having been made to me by the oath of , of the signature of the said justice who issued the said warrant, authority is by me hereby given to arrest the within-named , in the said county of Dated at , the day of , 19. . . Justice of the Peace. No. 67. Bastardy — Putative Father's Bond on Arrest in another County. (Id., § 844.) Know all men by these presents, that we, C. D. and R. F., of , in the county of , are held and firmly bound, jointly and severally, unto the people of the State of New York, in the sum of dollars, for the payment whereof to the said people, we bind ourselves, our heirs, execu- tors, and administrators, jointly and severally, firmly by these presents. Sealed with our seals, and dated this day of , 19 . . . *. 1054 cleek's assistant. Whereas, the said C. D. has this day been brought before the undersigned, one of the justices of the peace of the county of , by virtue of a war- rant issued by G. H., one of the justices of the peace of the said county of , whereon the name of the said justice (or, of 0. M., one of the jus- tices of the peace of the said county of ) , is indorsed, with an authority to arrest the said C. D. in the said county of ; in which warrant it is recited that E. B., of , in said county of , upon her examination, on oath, before the said G. H., justice, did declare her- self pregnant of a child, which is likely to be born a bastard, and to become chargeable ( or, did declare that she was, on the day of , at , aforesaid, delivered of a bastard child, which is chargeable to said town [or, county) ; and upon the said warrant is indorsed the direction of the said G. H., that the penal sum in which any bond should be taken, of the said C. D., should be $ ; now, therefore, if the said C. D., etc. (insert one of the conditions expressed in section 844 ) , then the above obligation to be void,, otherwise of force. Sealed and delivered in presence of, and the surety approved by me, C. T>., (L. s.) R. F., (L. s.) Justice. No. 68. Certificate of Discharge to be Indorsed on Warrant. (Id., § 845.) STATE OF NEW YORK, ) ^^ County of , ) I a justice of the peace of , in the county of , before whom the within-named was brought upon his arrest, in said county, on the within warrant, after it had been indorsed by me {or, by , a justice of said county,) do hereby certify that the said executed a bond, with two sureties, in the sum indorsed upon said warrant, and that I did thereupon discharge the said from arrest upon the within warrant. Dated at , this day of , 19 . . . Justice of the Peace. No. 69. Bastardy; Bond on Adjournment. (Id., § 849.) Know all men (etc., as in No. 67, down to the * and) the condition of this obligation is such that, whereas, the undersigned, C. D., has this day been brought before , charged upon the oath of , aforesaid, as- POOR LAWS. 1055 the reputed father of a bastard child, with which the said alleges she is pregnant (or, of a bastard child lately born of the said ) ; and, whereas, at the request of the said , and for sufficient reasons the said determined to adjourn the examination and adjudication respecting such charge, upon the execution of this bond, until the day of .at . . M., in ; now, therefore, if the said C. D. shall personally appear before the said , at the time and place last afore- said, and not depart therefrom without leave, then this obligation is to be void, otherwise of force. Sealed, etc. (l. s.) (L. s.) No. 70. Subpoena in Bastardy Case. STATE OF KEW YORK, ) County of , \ In the name of the People of the State of New York, to : You are hereby commanded that, laying all other matters aside, you, and each of you, personally appear before and , justices of the peace of the county of , at the office of in the , of , on the day of , 19 . . . , at o'clock, ... M., to testify the truth and give evidence, according to your knowledge, touehini; the father of a bastard child of which has lately [or, is about to be) delivered. Dated at , this day of , 19. . . Justice of the Peace. COURT, County of . . . No. 71. Order of Filiation. (Id., S 850.) j. SS. ; Whereas, the undersigned, being of said county, having upon the application of , overseer of the poor of the town of in said county, this day associated for the purpose of making an examination touching a bas- tard child lately born in said town of the body of C. D. {or, as the case may be) and chargeable {or, likely to be chargeable) to said town of , and of which child the said C. D. is alleged to be the father; and, whereas, we have duly examined the said E. B., on oath, in presence of the said C. D., in respect to such charge, and heard the testimony offered in relation thereto, whereby it appears that the said E. B. was, on the day of , delivered of a bastard child {or, as the case may be) and which is chargeable 1056 CLEEZ'S ASSISTANT. (or, likely to become chargeable) to the said town of , and that said O. D. is the father of said child, we do, therefore, adjudge him, the said C. D., to be the father of said bastard child, and order that he pay to the overseer of the poor of said town, for the support of said child, the weekly sum of , so long as the said child shall continue chargeable to said town ; and inasmuch as it appears to us, and we find that the said E. B. is in indigent •circumstances, we determine that the said C. D. pay to the said overseer of the poor, for the support of said E. B., during the confinement and recovery, the sum of And we hereby certify that the reasonable cost of arresting the said C. D. and of this order of filiation is the sum of Given under our hands, at the town of , this day of 19... Justices. No. 72. Bond after Order of Filiation. (Id., § 851.) Know all men (etc., as in No. 67, down to the *, and), the condition of this obligation is such that, whereas, by an order this day duly made and sub- scribed by , justice of the peace of the county of , it is adjudged that C. D. is the father of a bastard child, of which C. E. is pregnant ( or, as the case may be ) , which is likely to become (or, is ) chargeable to said town of ; and it was thereupon ordered by the said justice that (recite the order of filiation). Now, therefore, if the said C. D. shall pay the sums for the support of the said bastard child and the sustenance of its mother, as ordered by said justice as aforesaid, or shall be at any time here- after ordered by the Court of Sessions of the county of , and shall fully and amply indemnify the said town of , and every other town, city, or county which may have been or may be put to expense for the sup- port of the said bastard, or of the said mother during her confinement and re- covery, in all not exceeding the sum of hereby fixed and determined apon the said justices, then this obligation to be void; otherwise of force. Sealed, 'etc. (L. s.) (L. S.) No. 73. Bond on Appeal from Order of Filiation. (Id.) Know all men (as in No. 67, down to the *, and). Now, therefore, if the said C. D. shall personally appear at the next County Court of the county of , to answer the charge aforesaid and obey its order thereon, and not depart said court without leave, then this obligation to be void: other- POOR LAWS. 1057 ■wise, that we will pay the sum of $ , fixed and determined upon by the said justices as a full indemnity for supporting the said bastard and its mother. Sealed, etc. ( l. s. ) (L. s.) No. 74- Commitment. (Id., § 852.) COURT.) County of , ) The People of the State of New York, to any Peace Officer of Coanty, and to the Keeper of the County Jail of said County, Greeting: Whereas, by an order made the day of , 19 . . . , by »nd , two of the justices of the peace of the of , C. D. is adjudged to be the father of a bastard child born of the body of E. B. {or, with which she is now pregnant), and chargeable (or, likely to become •chargeable) to the said town of , which said order was duly made after due examination upon application by , overseer of the poor of the of .\nd, whereas, by said order, the said C. T>. was further directed to pay to the overseer of the poor of , the sum of $ weekly, and every week for the support of said bastard child for and during so long a time as said child shall so be and remain chargeable, and also the sum of $ directed to be paid by the said C. D. for the support of the said E. B., during her confinement and recovery, she being found to be an indigent person; and in and by said order determination fixing the costs of apprehending the said C. D., and of such order of filiation at the sum of $ And, whereas, the said C. D. was present at the making of such order and determination, and which, together with all other proceedings, was by said justices reduced to writing and subscribed by them ; and was required by them to pay the said ■costs and enter into an undertaking, with sufficient sureties to be approved by them for the performance of such order, or his appearance at the next Court of Sessions of said county of , to answer the charge and obey its order therein, according to section 851 of the Code of Criminal Procedure of the State of New York. And, whereas, the said C. D. has neglected to pay said costs and to enter into such bond as aforesaid ; These are, therefore, to command you, the said peace officer, to take the said C. D. and convey and deliver him to the keeper of the common jail of the county of And you, the said keeper, are hereby commanded to re- ceive the said C. D. into your custody in said jail, and there safely keep him until he shall pay the said costs and execute such bond aforesaid, or he be discharged by the Court of Sessions of said county. Given under our hands, at the of , the day of ,19. (Signature.) 67 1058 No. 75. Order of Filiation in the Absence of the Reputed Father, Apprehended in Another County. (Id., § 855.) County of , ss.: C. D., having been apprehended in the county of , in the State of New York, by virtue of a warrant and the direction thereon indorsed, of which the following are the copies, to-wit: (Insert copies) was carried before- M. B., Esq., a justice of the peace of the said county of , who took from him, the said C. D., a bond to the people of the State of New York, witli good and sufficient sureties, in the sum directed in the indorsement on said war- rant, conditioned that the said C. D. shall appear at the next Court of Sessions to be holden in the county of , and not depart the said court with- out its leave ; and the said bond having been in due form of law returned to the undersigned G. H., the justice who issued the said warrant, he thereupon im- mediately called to his aid the undersigned S. T., another justice of the same county, and the said justice proceeded to make examination of the matter, on the day of , 19 ... , at , in said town, and then and there heard the proofs that were offered in relation thereto; by which it was proven that the said E. B., being in the said town of , has been delivered of a bastard child, etc., in said town [or, that the said E. B. is now pregnant of a child, which, when born, will be a bastard ) , and which is charge- able (or, likely to become chargeable), to said town (or, county), and that C. D. is the father of said child. We do, therefore, adjudge him, the said C. D., to be the father of the said bastard child; and, further, we do hereby order that the said C. D. pay to the overseer of the poor of the said town of ( or, to the superintendent of the poor of said county), for the support of said child, the weekly sum of $1, so long as the said child shall continue chargeable to said town (or, county) ; and inasmuch as it appears to us, and we find, that the said E. B. is in (as in form No. 71). No. 76. Warrant to Commit Mother who Refuses to Disclose the Name of the Father. (Id., § 856.) County of , ss.: To any Peace Officer of said County, Greeting: Whereas, we, the undersigned, justices of the peace of said county, are now associated for the purpose of examining into the matter, and making order for the indemnity of the town of , in said county (or, for the indemnity of the said county), against the support of a certain child, said to have been born a bastard, of the body of E. B., and chargeable (or, likely to become POOR LAWS. 1059 chargeable) to said town (or, county), upon the application of E. F., ovpvseer of the poor of said town (or, a superintendent of the poor of said county), have required the said E. B., who is now before us, to submit to an examina- tion on oath, in the presence of C. D., who has been brought before us, charged with being the father of said child, to testify touching such charge, and to dis- close the name of such father, but the said E. B. wholly refuses to testify and disclose; and inasmuch as it now appears to us, upon due proof thereof, given on oath before us, that more than a month has elapsed since the said E. B. was delivered of said child, and that she is now sufficiently recovered from con- finement. You are, therefore, hereby commanded, in the name of the people of the State of New York, to take the said E. B. and convey her to the com- mon jail of said county, the keeper whereof is required to detain the said E. B. in his custody in said jail until she shall so testify and disclose the name of such father. Given under our hands, at , this day of , 19 . . . Justices. No. 77. Process to Compel Attendance of Mother before Justices. (Id.) County of , s.s. ; To any Peace Officer of said County, Greeting: Whereas, we, the undernamed justices of the peace of said county, have, upon the application of the overseer of the poor of the town of , in said county (or, the superintendent of the poor of said county), associated for the purpose of examining into the matter of a certain complaint made to us by said overseer (or, superintendent), that E. B., of said town, is now preg- nant with a child, which, when born, will be a bastard, and which is likely to become chargeable to said town (or, county; or, that E. B. has been delivered in said town of a bastard child, which is chargeable, or likely to become charge- able, to said town or county) ; and C. D., having been brought before us, this day, charged to be the putative father of said child. Now, therefore, to the intent that the said E. B. may be examined before us, on oath, and in the presence of the said C. D., touching the father of said child, you are hereby commanded, in the name of the people of the State of New York, to bring the said E. B. forthwith, before us, at the office of the undersigned, G. H., in , aforesaid. Given under our hands, at , this day of If) . . . G. H., S. T., JiisUcee. 1060 No. 78. Summons where Mother has Property in Her Own Bight. (Id., § 857.) , County of , ss.: To any Peace Officer of said County, Greeting: You are hereby required to summon E. B., of the town of , in said county, to appear before us, the undersigned, justices of the peace of said county, on the day of , instant, at 2 o'clock in the after- noon, at the office of the undersigned, G. H., to show cause, if any she may have, why we should not make an order for the keeping of a bastard child, said to have been lately born of said E. B., and chargeable {or, likely to be- come chargeable) to said county {or, town), by charging the said E. B. with the payment of money weekly, or other sustentation ; E. F., overseer of the poor of said town {or, superintendent of the poor of said county), having ap- plied to us for that purpose. Given under our hands, at , this day of , 19 . . . G. H., S. T., Justices of the Peace. No. 70. Support of Child — Order to Compel the Mother to Pay for the. (Id.) County of .s.s. : Whereas, E. F., one of the superintendents of the poor of said county {or, overseer of the poor of the town of , in said county), has made ap- plication to us, two of the justices of the peace of said county, complaining that E. B., of , in said county, was lately delivered at , aforesaid, of a bastard child, which is chargeable {or, likely to become charge- able) to said county {or, town) ; and that said E. B. is possessed of property in her own right, and is of sufficient ability to support said child, and desiring tliat we should examine into the matter and make order for the indemnity of said county (or, town) : and, whereas, upon examination into the matter of said application, and upon due proof thereof, on oath before us given, and the said E. B., although present at such examination, not showing any sufficient cause to the contrary {or, and the said E. B., neglecting to appear before us and show cause, if any she might have, to the contrary, although duly sum- moned so to appear ) , we do, therefore, hereby order that the said E. B. pay weekly to said superintendent ( or, to said overseer ) , the sum of for the support of said child (if necessary, insert here, unless the said E. B. .shall nurse and take care of said child herself). Criven under our hands, at , this day of 19 . . . G. H., S. T., Justices of the Peace. POOE LAWS. lOGl No. 80. TJndertaking to be Oiven by Mother of Bastard to Appear at County Court. (Id., § 858.) STATE OF NEW YORK, County of , Whereas, by an order heretofore, on the day of 19 ... , duly made by and , justices of the peace of the county of , , the mother of a bastard child, now a charge upon the town of , in said county of ( or, against said county of ) , was adjudged to pay the superintendents (or, overseers) of the poor of said county ( or, town ) of , the weekly sum of dollars, for the support of said child, unless she should herself support the same, so that it should not be or become a public charge ; And, whereas, though such order has been duly served upon her, she has not complied therewith; Now, therefore, we, , of the of , in said county, by occupation a , and , of the of , in said county, by occupation a , do hereby, jointly and severally undertake to pay to the people of the State of New York, the Bum of dollars, for the payment of which we bind ourselves, our heirs, executors, and administrators, jointly and severally, by these presents : The condition of this obligation is such that, if the said shall personally appear at the next County Court of the county of , to answer the matters stated in the above-mentioned order, and obey its order thereon, then this undertaking to be void ; otherwise, to remain in full force and eflFect. Dated at , this day of 19 . . . In presence of (Add acknowledgment and justification clauses.) No. 81. Warrant to Commit Mother for not Executing Bond. (Id.) County of , ss.: To any Peace OfiScer of said County, Greeting; Whereas, by an order, duly made by us, the undersigned, justices of the peace of said county, bearing date the day of , instant, in relation to the keeping of a certain bastard child, lately born in said county, of the body of E. B., which is chargeable to the town of {or, said county), we directed, etc. (as in the order), which order was so made upon 10(12 clerk's assistant. the application of E. F., overseer of the poor of said town (or, a superintend- ent of the poor of said county ) , and after due notice to the said E. B., to show cause, if any she might have, against the making of such order; and, whereas, a copy of said order, subscribed by us, has been served upon the said E. B., and she has neither executed the bond by law required for her appearance at the next County Court, etc., nor complied with the requirements of said order. You are, therefore, hereby commanded, in the name of the People of the State of New York, to take the said E. B. and convey her to the common jail of said county, there to remain, without bail, until she shall comply with said order, or execute the bond authorized by statute as aforesaid. Given under our hands, at , this day of 19 . . . G. H., S. T., Justices. No. 82. Notice to be Given to Superintendent or Overseer for Beducing Amount in Order of Filiation. (Id., § 859.) To L. M., Superintendent (or, Overseer of the Poor) : You are hereby notified, that I shall make application to the next County Court of the county of , to be holden at , in said county, on the day of , 19 . . . , at 10 o'clock in the forenoon, to re- duce amount directed to be paid by the order of filiation, of which the an- nexed is a copy, for the support of a bastard child therein named: which said application will be founded on the affidavits, copies of ■which are also annexed. Dated at , this day of , 19 . . . C. D. No. 83. Notice by Superintendent or Overseer, that Apiplication will be Made to the County Court to Increase the Amount Payable in the Ordei of Piliation. (Id.) To C. D.: You will take notice, that I shall make application to the next County Court of the county of , to be holden at , in said county, on the day of , at 10 o'clock in the forenoon, to increase the sum directed to be paid by the order of filiation, of which the annexed is a copy, for the support of the bastard child therein named; which said applica- tion will be founded on the affidavits, copies of which are also annexed. Dated at this day of , 19 . . . L. M., Superintendent of the Poor. POOR LAWS. 1063 Xo. 84. Order Reducing Sum to be Paid by Father or Mother. (Td.) ■County of , ,'!.s. ; To the Overseer of the Poor of the Town of in said County (or, the Superintendent of the Poor of said County) : Whereas, by an order of filiation by us made, bearing date on day of , last, we did determine that C. D. is the father of a certain bastard child, then lately boni in , aforesaid, and did therein order, among other things, that the said C. D. should pay to you, the said overseer [or, su- perintendent), for the support of said child, the weekly sum of $1, so long as said child should continue chargeable to said town ( or, county ) . And, whereas, upon the application of the said C. D., we have this day inquired into the cir- cumstances of the case, and heard the proofs and allegations to us submitted in relation thereto; and it appearing to us, upon such inquiry, that the cir- cumstances in relation to said bastard child render it proper and expedient that the sum required to be paid by the said C. D., by our former order, should be reduced, as hereinafter expressed. And, inasmuch as you, the said over- seer (or, superintendent), have shown before us no sufficient reason against such reduction, although appearing before us (or, notified to appear before us and show cause, if any you might have ) , we do, therefore, reduce the sum re- quired to be paid by the said C. D.. by our former order as aforesaid, to the weekly sum of Griven under our hands, this day of , 19 . . . G. H., S. T., Justices. No. 8.5. Warrant to Seize the Property of Absconding Father or Mother. (Id., S 860.) County of , ss.: To the Overseer of the Poor of the Town of , in said County ( or, to the Superintendent of the Poor of said County) : It appearing to us, two of the justices of the peace of said county, as well by the representation and application to us made by the said overseer (or, the said superintendent), as upon due proof of the facts before us given, that C. D. is the father of a bastard child, whereof E. B., of said town, is now preg- nant, and which, when born, is likely to become chargeable to said town (or, county, or, that C. D. is the father of a bastard child lately born in said town, of E. B., and which is chargeable, or likely to become chargeable to said town or county), and that the said C. D. has absconded from said town, which is the 1064 place of his ordinary residence, leaving in the said county some estate, real or personal : We, therefore, authorize you, the said overseer of the poor, to take and seize the goods, chattels, effects, things in action, and the lands and tenements of said C. D., wherever the same may be found in said county; and you will, im- mediately upon such seizure, make an inventory of the property by you taken, and return the same, together with your proceedings, to the next Court of Sessions of said county. Given under our hands, in the town of , this day of ,19... G. H., S. T., Justices. No. 86. Notice of Appeal from Order of Filiation. (Id., § 892.) County of , ss. .■ To G. H. and S. T., Esqs., Justices of the Peace of said County: You will take notice, that the undersigned, conceiving himself aggrieved by the order made by you, of which a copy is annexed, hereby appeals therefrom to the next County Court to be holden in said county. Dated at this day of , 19 . . . C. D. No. 87. Subpcena on Appeal in Bastardy Cases. STATE OF NEW YORK, i ^^ . County of , ) In the name of the People of the State of New York, to : You, and eaoh of you, are hereby commanded to appear personally before the County Court in and for the county of , at the , in the of , N. Y., on the day of , 19 ... , at o'clock in the noon, to testify the truth according to your knowledge, in a certain appeal, then and there to be heard, from an order of iiliation in a bastardy case, heretofore made by and , two of the justices of the peace of said county. Hereof fail not under the pen- alty of $50. Witness , county judge, this day of , 19 . . . • ••*..*... , Clerk. POOE LAWS. 1065 No. 88. Warrant for Discharge of Putative Father after Commitment. (Id., § 866.) STATE OF NEW YORK, i County of , P*'" In the name of the People of the State of New York, to the Keeper of the Com- mon Jail of the County of , Greeting : Whereas, was, on the day of , 19 ... , duly committed to your custody on a warrant issued by us for disobeying an order of filiation, whereby he was adjudged to be the putative father of a bastard child, of which was then supposed to be pregnant ; And, whereas, it now appears that the said was in fact not preg- nant (or, was married before delivery, or the child was not born alive) ; Now, therefore, you are hereby commanded to discharge the said from custody, unless he is there lawfully detained on some other warrant. Dated at , this day of , 19 . . . Justices of the Peace. No. 89. Indenture Made by the Superintendents of the Poor. (Dom. Rel. L., § 73.) Whereas, A. B., a male child ten years of age, hath been sent to the county poorhouse in the county of , in the State of New York : Now, therefore, this indenture, made the day of , 19 ... , between G. B., and B. B., and C. B., county superintendents of the poor of the said county, of the first part, and C. D., of , in the county of , of the second part, witnesseth: That the said parties of the first part, in con- sideration of the provisions of the statute in relation to children supported by the public, and of the covenants hereinafter contained, do hereby bind the said A. B., to the said C. D., to serve as apprentice {or, clerk) to the trade of (or, employment, or, profession), until (here insert a time, not exceeding the time when the boy will be twenty-one, or, if a girl, eighteen ) . And the said party of the second part, in consideration of the above, and of dollars to him paid {or, agreed to be paid), as hereinafter stated in relation to the said binding out of the said apprentice {or, clerk), hereby, for himself, his heirs, executors, and administrators, covenants to and with the said party of the first part, that (here state the whole agreement). And the said C. D. further covenants and agrees, that he will cause such child to be instructed to read and write, and also in the general rules of arithmetic }. 1006 clerk's assistant. and he further agrees, that he will give to such apprentice, at the expiration •of his service, a new Bible. G. B., (l, s.) B. B., (L. s.) C. B., (I.. 8.) Superintendents of the Poor. Signed, sealed, and delivered in the presence of C. D., (L. s.) County Judge. No. 90. Indenture for Binding Out a Child by Overseers of the Poor. (Id.) Whereas, the parent's of A. B., a female child years of age, have 'become chargeable to the town of , in the county of : Now, therefore, this indenture, made the day of 19 ... , between C. D. and E. F.. overseers of the poor of said town (or, city), of the first part, and G . H., of the town of , in the county of , of the second part, witnesseth : That the said parties of the first part, in con- sideration of the provisions of the statute in relation to children supported by the public, and the covenants hereinafter contained, do hereby bind the said A. B. t» the said party G. H., to serve in the employment of mantua mak- ing ( or, other service, as the case may be ) , until the day of (here insert a period not exceeding the time when the girl will be eighteen vcars of age ) . And the said party of the second part, in consideration of the service of the said A. B., hereby, for himself, his heirs, executors, and administrators, covenants to and with the said overseers of the poor, that (here state the conditions of the agreement). And the said G. H. further <-ovenants and agrees, that he will cause the girl named in this indenture to be instructed to read and write, and at the expiration of her service will give her a new Bible. C. D., (l. s.) E. F., (L. s.) Overseers of the Poor. G. H., (L. s.) Justices of the Peace. No. 91. Bond of Superintendent of the Poor. (County L., § 211.) Know all men by these presents, that we, A. B., C. D., and E. F., are held and firmly bound unto the supervisors of the county of Clinton in the sum of $,500, for which payment well and truly to be made we bind ourselves, our and each of our heirs, executors, and administrators, jointly and severally, firmly by these presents. Sealed with our seals, and dated, this day of , 19 . . . POOK LAWS, 1067 Whereas, the above bounden A. B. has been duly elected to the office of county superintendent of the poor of the county of Clinton, to serve for the period of three years, from , 19... Now, therefore, the condition of this bond is such, that if the said A. B. shall faithfully discharge the duties of his oflSee, and shall pay according to law all moneys which shall come to his hands as superintendent of the poor, and render a just and true account thereof to the board of supervisors, then this obligation to be void, otherwise to remain in full force and virtue. A. B. (l. s.) C. D. (L. 8.) B. F. (L. s.) No. 92. Approval of Bond Indorsed Thereon. (Id.) (If board not in session, then by county judge or supreme justice.) The within bond was approved as to the form and sufficiency thereof, this day of , 19. . ., by the board of supervisors of the county of Clinton. Q. P., Clerk. No. 93. Bond of Overseer of the Poor. (TownL., § 62.) Know all men by these presents, that we, A. B., C. D., and E. P., of the town of Cohocton, are held and firmly bound unto G. H., supervisor of said town, and to his successor in office, in the sum of $500, for which payment well and truly to be made, we bind ourselves, our and each of our heirs, ex- ecutors, and administrators, jointly and severally, firmly by these presents. Sealed with our seals, and dated, this day of , 19 . . . Whereas, the above bounden A. B. has been elected overseer of the poor of said town for one year from , 19. . ., and until his successor shall have duly qualified. Now, the condition of this obligation is such, that if the said A. B. shall faithfully discharge the duties of his office, and will pay ac- cording to law all moneys which shall come into his hands as such overseer, then this obligation to be void, otherwise to remain in full force and virtue. A. B. (L. s.) C. D. (I,, s.) E. P. (L. 8.) No. 94. Approval Indorsed on the Foregoing. (Id.) I approve of the form and sufficiency of the within bond. Dated, ,19... G- H., Supervisor. 1068 cleek's assistant. CHAPTEK LI. POWERS OF ATTORNEY. An attorney is a person to whom the authority of another, who is called £li(^ constituent, is by him lawfully delegated. An attorney-at-law is an officer in a court of justice, who is employed by a party in a cause or action to manage the same for him, as his advocate. The term " attorney in fact " is employed to designate persons who act under a special agency, or a special letter of attor- ney, so that they are appointed, for the deed or special act to be performed, but in a more extended sense, it includes all other agents employed in any business, or to do any act or acts for another. All persons who are capable of acting for themselves, and even some who are disqualified from acting in their own capacity, if they have sufficient understanding, as infants of proper age, and married women may act as attorneys of others. And a married woman, living out of this State, may join with her husband in executing pow- ers of attorney, for the conveyance of real estate situated in this State, pro- vided such power of attorney shall have been first duly proved or acknowl- edged according to the provisions of the Revised Statutes, in relation to con- veyances executed by married women residing out of the State. The attorney is bound to act with fidelity and diligence after having ac- cepted the appointment, and in the end to render an account of his proceed- ings to his principal. The attorney is usually appointed by an instrument under seal, called a letter of attorney, and sometimes a power of attorney. A letter of attorney is a written instrument, usually under seal, by which one or more persons, called the constituents or principals, authorize one or more other persons, called the attorneys, to do some lawful act by the latter for or instead of the former. The authority given is either general or special ; either to transact all the business o'f the constituents, or to do some special business particularly named in the letter of attorney. It is revocable or ir- revocable. Where the power of attorney couples no interest with the duty to be performed, it may be revoked by the principal ; but where there is conveyed to the attorney, by the instrument which appoints him, an interest in the subject-matter, it is irrevocable. The revocation of a letter of attorney takes efl'ect as to the attorney, at the time it is communicated to him ; as to third parties, at the time they receive notice of such revocation. The attorney is limited in his action by the letter appointing him, nor can he bind his principal or constituent beyond the authority conferred upon him by the letter. Hence, it becomes very important that a person dealing with an attorney should know to what extent the principal has authorized the attor- ney to go, and in what respect he may bind his principal, or whether in fact the letter conveying the power is in terms, or the manner of execution suiTi- cient. If the attorney is to sign a contract or execute any paper under seal, then the letter of attorney should be under seal ; and if it is for the purpose of conveying real estate, the letter of attorney should be acknowledged and recorded in the clerk's office in the county where the land lies. Where the at- torney is authorized to make parol representations, his principal will be bound either by the representations of the principal or by notice given to the at- torney. Words of general import in a power of attorney cannot be construed to enlarge the power beyond the subject-matter of the agency as expressed in the previous parts of the instrument. (Holtsinger v. Corn Ex'g Nat. Bk., 37 How. Pr. 203; afF'd, 3 Alb. Law J. 305; Craighead v. Peterson, 10 Hun, 596, 72 N. Y. 279.) A power of attorney given by a partner residing abroad, to another residing here, authorizing the latter "to transact all the former's business in the city of New York, of whatsoever name, nature, or description the same might be, whether relating to him as a member of the firm or in his POWERS OF ATTORNEY. 100!) individual capacity," does not confer authority to assign all his individual property to a trustee for the payment of debts. (Ferreira v. DepevF, 17 How. Pr. 418.) Take, however, an extreme case of a power of attorney not relating to any particular subject, but conferring power on the attorney " to do any and every act of whatsoever nature which I might do personally and power to do which may be conferred upon an attorney," and it is probable that practicallj' every act, except those which from their nature must be done by the principal per- sonally, or such, as come within the meaning of the maxim " a delegated au- thority cannot be delegated," could be performed by the attorney; as parties dealing with an attorney have a right to rely upon the apparent authority which the principal confers upon him by a written power. (Dietrick v. Fire- men's Fund Ins. Co., 21 W. Dig. 16.) FORMS IN THIS CHAPTER. No. Page. Power of attorney 1 io69 Same to receive dividends on stock 2 1070 Same to vote at election of directors 3 1070 Affidavit annexed to power to vote 4 1070 Power of attorney for transfer of stock 5 1071 A power from partners to collect debts 6 1071 Power of attorney to receive a debt 7 1073 Same to receive a legacy 8 1074 Same to receive rents of an estate 9 1074 Same from several creditors of deceased person, etc 10 1075 Same to lease or sell land 11 107."> Power to take possession of lands and sell them 12 1070 ■Revocation of power of attorney 13 1077 No. 1. Power of Attorney. Know all men by these presents, that have made, constituted, and appointed, and by these presents do make, constitute, and appoint , true and lawful attorney. . for , and in name, place, and stead, giving and granting unto , 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 prem- ises, as fully to all intents and purposes, as might or could do if personally present, with full power of substitution and revocation, hereby ratifying and confirming all that , said attorney . . , or substitute shall lawfully do or cause to be done by virtue thereof. In witness whereof, have hereunto set hand. . and seal . . , the day of , 19 . . . Sealed and delivered in the presence of UNITED STATES OF AMERICA, ] State of New York, > ss. . , County of , J Be it known, that on the day of , 19. . ., before me, per- sonally appeared , above named, who to me known to 1070 be the person . . described in and who executed the above instrument, and acknowledged the execution thereof to be free act and deed. In testimony whereof, I have hereunto subscribed my name, the day and year last above written. No. 2. Power of Attorney to Receive Dividends on Stock. Know all men, etc., that I, A. B., do hereby appoint C. D., of, etc., my at- torney for me, and in my name to receive the dividend or dividends which are or shall be payable according to law on the day of , 19 . . . , on all stock standing in my name in the books of the New York Central Rail- road, with power also, one or more persons under him to substitute with like power; and to do all lawful acts requisite for effecting the premises; hereby ratifying and confirming all that my said attorney or substitute, or substi- tutes, shall do therein by virtue hereof. In witness whereof, I have hereunto set my hand and seal, the day of , in the year 19 . . . A. B. (L. s.) Sealed and delivered in the presence of G. H. No. 3. Power of Attorney to Vote at an E-lection of Directors. Know all men by these presents, that I, A. B., do hereby constitute and ap- point C. D. to be my lawful attorney, substitute, and proxy, for me and in my name, to vote on all the stock held by me in the New York Central Railroad at any election of directors, as fully as I might or could do were I personally present at such election; and I hereby revoke any proxy or proxies heretofore given by me to any person or persons whatsoever. In witness whereof, I have hereunto set my hand and seal, this day of ,19... A. B. (L. s.) In presence of G. H. No. 4. Affidavit Annexed to Power of Attorney to Vote. City of Rochester, ss.: I, A. B., of Rochester, do swear, that the shares in the capital stock of the New York Central Railroad, for which I have given the above power or proxy to vote, do not belong, and are not hypothecated, to the said C. E. R., and that they are not hypothecated or pledged to any other corporation, or any person POWERS OF ATTORNEY. 1071 or persons whatever; that such shares have not been transferred to me for the purpose of enabling me to vote thereon ; and that I have not contracted to sell or transfer them upon any condition, agreement, or understanding, in relation to the manner of voting at any election. A. B. Sworn before me, this . . day of , 1<). \ No. 5. Power of Attorney for Transfer of Stock. Know all men by these presents, that I, A. B., for value received, have bar- gained, sold, assigned, and transferred, and by these presents do bargain, sell, assign, and transfer unto C. D., all the stock, being twenty shares, standing in ray name on the books of the New York Central Railroad, and do hereby con- stitute and appoint the said C. D. my true and lawful attorney irrevocable, for me and in my name and stead, but to his use, to sell, assign, transfer, and set over all or any part of the said stock, and for that purpose to make and execute all necessary acts of assignment and transfer, and one or more persons to substitute with like full power, hereby ratifying and confirming all that my said attorney, or his substitute or substitutes, shall lawfully do by virtue hereof. In witness whereof, I have hereunto set my hand and seal, the day of ,19... A. B. (L. s.) Sealed and delivered in the presence of G. H. No. 6. A Power from Partners to Collect Debts. Know all men by these presents, that we, A. B. and C. D., have made, con- stituted, authorized, and appointed, and in our place and stead put, and by these presents we do make, constitute, authorize, and appoint, and in our place and stead put E. F. and G. H., and each of them, to be our and each of our attorney or attorneys, jointly and severally, for us and each of us in our and each of our names, and to our uses, to demand, attach, seize, take, sue for, levy, recover, and receive by all lawful ways and means whatsoever, of and from all and every person or persons whatsoever whom it doth, shall, or may concern, and particularly of, and from .T. K., his heirs, executors, and adminis- trators, or any of them, all and every sum and sums of money, debts, dues, duties, demands, goods, chattels, effects, and things whatsoever, which now are, or hereafter shall be, and grow due, owing, payable, or belonging unto us or either of us, upon or by virtue of any bond, bill, book, grant, covenant, as- signment, or deed, or upon account of trading, or dealing, or upon any other 1072 account, or by any other ways or means howsoever, in any manner or wise, and if need be, to call to account and to bring to a reckoning, and to adjust and settle accounts with all and every person and persons concerned in the premises, or any part thereof, and upon receipt or recovery of all or any such sum or sums of money, debts, dues, duties, demands, goods, chattels, efifects, and other things, or any part thereof sufficient acquittances and discharges for us and each of us, and in our or either of our names, or in their or either of their own names, from time to time, to make and give, giving, and by these presents granting unto our said attorneys, and each of them, full power and authority in and touching the premises in our, and each or either of our names, to sue, pursue, arrest, attach, seize, implead, imprison, condemn, and prosecute any person and persons, and thence and thereof again to acquit, discharge, and out of prison to release; also to take, attach, seize, imprison, prosecute, and condemn, the lands and tenements, goods and chattels, rights, credits, and debts, of any person or persons, also for us and each of us to appear, and our and each of our persons to represent in all, or any court or courts, or other places as demandants or defendants, in any suit, action, or appeal, for or by reason of the premises, or any part thereof; likewise attorney or attorneys under them, or either of them, to set and substitute, and again at pleasure to revoke, and generally to do, act, and perform all other matters and things in and to the premises, and every part thereof requisite and necessary as fully as we ourselves might or could do were we personally present. And we do hereby ratify and confirm, all and whatsoever our said attorneys, or either of them, or their or either of their substitutes, shall legally do, or procure, or cause to be done, in and touching the premises, or any part thereof. In witness, etc. Note. Sufficiency. — Sufficiency of power of attorney to authorize substitution by attorney. Grillenberger v. Spencer, 7 Misc. 601, 58 St. R. 756. An authority to execute an instrument under seal must be itself under seal. Purcell V. Potter, Anth. N. P. 310 ; Reed v. Van Ostrand, 1 Wend. 424 ; Blood V. Goodrich, 9 id. 68 ; Worrall v. Munn, 5 N. Y. 229. A sealed instrument, when executed by virtue of a power of attorney, must be in the name of the principal, and purport to be sealed with his seal. Town- send V. Corning, 23 Wend. 435; Townsend v. Hubbard, 4 Hill, 351. A power of attorney, describing the grantor as executrix and sole legatee, and purporting to be a power from her as executrix, is not impaired by failure to add her official character at the end of the signature. Myers v. Mut. L. Ins. Co., 99 N. Y. 1, aflf'g 32 Hun, 321. The general words of a power of attorney do not empower the agent to make or indorse notes in the name of his principal. Lawrence v. Gebbard, 41 Barb. 575. A general power of attorney does not authorize the agent to employ counsel, except for the preparation of such instruments as the agent is empowered to execute. Harnett v. Garvey, 4 J. & S. 326. POWERS OF ATTORNEY. 1073 The general language of a power of attorney will not extend the authority conferred beyond the subject-matter. Craighead v. Peterson, 10 Hun, 596; S. C, 72 N. Y. 279. A power of attorney to make investments of money, and to use the princi- pal's signature and seal, when necessary or proper, in the transaction of his business, empowers the agent to reassign a bond received as collateral security for a loan, on payment thereof. Feldman v. Beier, 78 N. Y. 293. A power of attorney to collect a debt, and give a sufficient release and dis- charge, does not authorize the satisfaction of a judgment obtained for it with- out actual payment. De Mets v. Dagi-on, RS N. Y. G35. A power of attorney " to collect and receive all sums of money now due or hereafter to become due to me, whether from rents, accounts, bonds, and mort- gages, or otherwise, and upon payment thereof to give good and sufficient re- ceipts or other discharges therefor," and which authorized the attorney to transact all ordinary banking business of the principal at a certain bank and provided that such power should remain in force until said bank was notified of its revocation, which said power of attorney was deposited with the bank in question, did not authorize another bank to pay money of the principal on de- posit with it to the attorney. Sims v. U. S. Trust Co., 103 N. Y. 472. A power of attorney, given by a wife to her husband, " to make, sign, in- dorse, and accept all checks, notes, drafts, and bills of exchange, for her and in her name," is necessarily limited to transactions which, under the statute, she has power to perform : it does not empower him to bind her by drawing a post- dated check, even for the benefit of the separate estate. Nash v. Mitchell, 71 N. Y. 199, rev'g 8 Hun, 471. A power of attorney to sell, convey, and mortgage lands does not authorize the attorney to mortgage them to secure the payment of a debt due from him- self. Kingsland v. Chetwood, 39 Hun, 602. When power of attorney conveys authority to rent land and dispossess ten- ant for nonpayment of rent. Kane v. Dahlbender, 9 Misc. 473, 61 St. R. 106. When refusal of court to direct referee in partition to make payment upon power of attorney of foreign heir, duly authenticated and acknowledged, is denial of legal right. Lythgoe v. Smith, 140 N. Y. 442, 55 St. R. 828. No. 7. A Power of Attorney to Receive a Debt. Know all men by these presents, that I, A. B., have made, constituted and appointed, and by these presents, do make, nominate, and appoint, C. D., my true and lawful attorney, for me and in my name, and for my use and benefit to ask, demand, sue for, recover, and receive of and from E. F., all such sum or sums of money, debts, and demands whatsoever, which are now due and owing unto me, the said A. B., by and from the said E. F., and to have, use, and take all lawful ways and means, in my name or otherwise, for the recovery thereof, by attachment, arrest, distress, or otherwise, and to compound, arbi- 68 1074 clerk's assistant. trate, and agree for the same; and acquittances or other sufficient discharges for the same, for me, and in my name to make, seal, and deliver, and to do alt lawful acts and things whatsoever concerning the premises, as fully and in every respect as I myself might, or could, do were I personally present; and attorneys, one or more under him, for the purposes aforesaid, to make and again at his pleasure to revoke, ratifying and confirming, and by these presents allowing whatsoever my said attorney shall in my name lawfully do, or cause to be done in and about the premises, by virtue of these presents. In witness, etc. No. 8. A Power to Beceive a Legacy. Know all men by these presents, that, whereas, A. B., late of Knox, da- ceased, by his last will and testament, did give and bequeath unto me, C. D., a legacy of $500, to be paid unto me on , of which said will, E. F. and G. H. are joint executors, as in and by the said will and the probate thereof may appear. Now, know ye, that I, the said C. D., have made, or- dained, constituted, and appointed J. K. my true and lawful attorney, for me, and in my name, and for my use and benefit, to ask, demand, and receive of and from the said E. F. and G. H. the legacy given and bequeathed unto me, the said C. D., by the said will of the said A. B., as aforesaid; and upon re- ceipt thereof by, or payment thereof to my said attorney, a general release or discharge for the same to make, execute, and deliver; hereby ratifying, con- firming, and allowing whatsoever my said attorney shall lawfully do in the premises. In witness, etc. No. 9. A Power to Receive the Bents of an Estate. Know all men by these presents, that I, A. B., have made, constituted, and appointed, and by these presents, do make, constitute, and appoint, C. D. my tru& and lawful attorney, for me, and in my name, and for my use to ask, de- mand, 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 to give proper acquittances, and sufficient discharges thereof; and in default of payment thereof, or any part thereof, to my said attorney, I do hereby author- ize 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 dis- tresses there found and taken, to dispose of according to law, for the speedy POWERS OF ATTORNEY. 1075 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, etc. No. 10. Power of Attorney from Several Creditors of a Person Deceased, to Bring Actions, etc., and an Appointment of a Cashier for Raising and Paying Money to Defray the Expenses. Whereas, A. B., late of, etc., deceased, died indebted to us whose names are hereunder subscribed, and to several other persons, by bond, bill, note, or otherwise; know all men by these presents, that we, the said creditors, do hereby authorize, order, appoint, and empower I. T., of, etc., to be our attorney, agent, and lawful attorney, and for us and in our names, and on our behalf, to exhibit or prosecute one or more actions in the Supreme Court, against such person or persons as he shall be advised, for an equitable discovery and account of the estate and effects of the said A. B., which is, or are, or shall, or may be liable to the payment of our said debts; and also in our name, and on our behalf, to commence or prosecute any action or actions, suit or suits, in law or equity, or otherwise, as he, the said I. T., shall be advised, against any person or persons whomsoever, who hath or have possessed, or shall possess himself or themselves, of such estate and effects of the said A. B., in order to the recov- ery of the said debts : for the doing of which this shall be a sufficient warrant to the said I. T. And in order for the carrying on, and effectually prosecuting such suit or suits, action or actions, we, the said creditors, do hereby nominate, constitute, and appoint W. W., of, etc., one of the said creditors, cashier in that behalf, and do hereby also promise and agree to and with the said W. W., that on his giving ten days' notice in writing to each of us, we will from time to time, advance, pay, and contribute to the said W. W., each of us in propor- tion to the amount of our respective demand, such sum and sums of money, at such times and places as he shall by such notice in writing appoint, as may be necessary for defraying all lavirful and reasonable costs and charges of such suit or suits, action or actions, or which may arise by reason of the premises. In witness, etc. No. 11. A Power to licase or Sell Land. Know all men by these presents, that, whereas, I, A. B., am seized in fee of and in all that , situate , or now or late in the possession or occupation of Now, know ye, that I, the said A. B., have made, constituted, and appointed, and by these presents do make, constitute, and appoint C. D., of , my true and lawful attorney, for me, and in my name, to lease the said to such person or persons, and for such a 1076 term, or number of years, or for life or lives, and at and under such yearly and other rents as he shall think fit: or otherwise to sell and dispose of the same absolutely in fee-simple, for such price or sum of money, and to such person or persons as he shall think fit and convenient : and also for me, and in my name, ' and as my act and deed, to sign, seal, execute, and deliver such deeds and con- veyances, for the leasing or the absolute sale and disposal thereof, or of any part thereof, with such clauses, covenants, and agreements to be therein con- tained, as my said attorney shall think fit and expedient; hereby ratifying and confirming all such leases, deeds, conveyances, bargains, and sales, which shall at any time hereafter be made by my said attorney, touching or concern- ing the premises, etc. No. 12. Power to Take Possession of liands and to Sell Them. Know all men by these presents, that I, A. B., have made, authorized, nomi- nated, and appointed, and by these presents do make, authorize, nominate, and a;ppoint, C. D. my attorney for me and in my name, and to my use, to enter into, and take possession of all such messuages, lands, tenements, heredita- ments, and real estate whatsoever, in the State of New York, whereof I now am, or hereafter may be, by any iways or means howsoever, entitled or inter- ested in, either in severalty or jointly, or in common with any other person or persons. And also for me, and in my name, to grant, bargain, and sell the same mes- suages, lands, tenements, and hereditaments, or any part, share, and proportion thereof, and all such right, title, interest, claim, and demand, both in law and equity, as I may have in the same, for suoh sum and price, and on such terms as to him shall seem meet, and for me, and in my name, to make, execute, and deliver good and sufficient deeds and conveyances for the same, and every part thereof, either with or without covenants and warranty. And until the sale thereof, for me, and in my name, and for my use, to let and demise the same real estate, or any part or parts thereof, for the best rent that can be gotten for the same. And also for me, and in my name, and to my use, to ask, demand, recover, and receive all sums of money which shall become due, owing, or payable to me by means of any such bargain, sale, or lease. And to have, use, and take all lawful ways and means for the recovery thereof, by attachment, arrest, distress, or otherwise, and to compound, arbitrate, and agree for the same, and acquittances or other sufficient discharges for the same, tor me and in my name, to make, seal, and deliver, and generally to do, execute, and perform every- thing that may be necessary in and about the premises, as fully, in every respect, as I myself might or could do if I was personally present. And an attorney or attorneys under him for all or any of the purposes afore- said to make and substitute, and again at pleasure to revoke. And I hereby ratify, allow, and confirm all, and whatsoever my said attorney shall do or cause to be done, in and about the premises by virtue of these presents. In witness, etc. POWEES OF ATTORNEY. 1077 Mo. 13. Revocation of a Power of Attorney. Know all men by these presents, that, whereas, I, A. B., did, in and by my letter of attorney, dated , 19. . ., constitute and appoint C. D. my true and lawful attorney, for me, and in my name, to (here insert the power given in the original letter of attorney) as by the said letter of attorney appears: Now. therefore, I, the said A. B., by these presents do hereby revoke, countermand, annul, and make void, the said letter of attorney, dated , 19 ... , and all power therein and thereby, or in any manner given, or intended to be given, the said C. D. In witness, etc. Note. A power of attorney, coupled with an interest, is irrevocable. Hutchins v. Hebbard, 34 N. Y. 24. A deed of personal property, with directions to sell and pay over the pro- ceeds to the grantor, is but a power of attorney, and revocable at the pleasure of the grantor. Heermans v. Ellsworth, 3 Hun, 473; S. C, 5 S. C. 605. Pov?er of attorney, given to secure repayment of money upon contract, is irrevocable, in absence of allegation or proof of facts showing such repayment. Farrell v. Amberg, 8 Misc. 220, 23 C. P. 434, .59 St. R. 449. The death of the constituent operates as a revocation of a power of attorney. Oppenheim v. Leo Wolf, 3 Sandf. Ch. 571 ; Thompson v. Gruber, 21 How. 433. A power of attorney to collect a claim, accompanied by an agreement for a percentage to be retained by the attorney, or his legal representatives or assigns, was held not to be revoked by the death of the attorney. Grapel v. Hodges, 49 Hun, 107; S. C, 17 St. R. 83, 112 N. Y. 419. Where a power of attorney authorizes the appointment of a substitute, the death of the principal attorney necessarily revokes the power of the substitute. Watt V. Watt, 2 Barb. Ch. 371. A power of attorney is not revoked by the lunacy of the constituent. Wallis V. Manhattan Co., 2 Hall, 495. Where two persons are appointed joint agents to transact certain business, for a special term, if one of them becomes incapacitated, the other cannot act alone, without the consent of the principal. Salisbury v. Brisbane, 61 N. Y. 617. PROMISSORY NOTES. See Bills and Notes. PROTESTS. See Bills and Notes. PROXY. See COBPORATIONS. 1078 cleek's assistant. CHAPTER LII. RECEIPT AND RELEASE. A RECEIPT is a written acknowledgment that the party who signs the game has received from the person expressed in the body of the receipt the amount of money or thing specified therein. It is merely prima fade evidence of the matters therein expressed and liable to be explained in its details, or con- tradicted by satisfactory proof, showing that it was given through ignorance either of law or of the facts therein expressed; or that it was obtained by force or fraud. A receipt contains sometimes, in connection with the acknowledgment of having received something, an agreement to do or not to do some act, and although so far as that portion of the instrument having reference to the receipt may be explained away or contradicted; yet, so far as the agreement is concerned, it cannot be pontradicted. As, for instance, in a bill of lading, the recital, as that the goods were received in good order and well condi- tioned, may be contradicted, while the agreement to deliver at a particular time and place cannot be explained away. Releases are of two kinds: First. Such as give up, abandon, or discharge a right of action; and second, such as convey the interest, which the party executing the same may have in anything or real estate to the party in pos- session. A release of personal matters need not be under seal, but the ad- vantage of the seal is that the sealing imports a consideration. A release of one of several joint, or joint and several obligors will discharge all, unless the release specify in terms in accordance with the provisions of the statute, that the release is to operate only for the benefit of the indi- vidual therein specified. FORMS IN THIS CHAPTER. No. Page. A general receipt 1 1078 For a quarter's rent 2 1080 For money paid by another person 3 1080 For money received for another 4 1080 In part of a bond 5 1080 For interest due on a bond 6 1080 Receipt on account 7 1081 Oeneral release 8 1081 Mutual general release by indenture 9 1082 Release to a guardian by his ward on coming of age 10 1083 Eelease of land from judgment 11 1083 Release of part of mortgaged premises 12 1084 Release of a partner 13 1084 No. 1. A General Beceipt. $500. New York, 19... Received of 0. P. the sum of five hundred dollars, in full of all demands against him. A. B. Note. A receipt is open to explanation by parol. Foster v. Newbrough, 66 Barb. 645; S. C, 58 N. Y. 481; Trull v. Barkley, 11 Hun, 644; De Lavalette v. Wendt, 75 N. Y. 579. Consideration of release may be shown by parol. Andrews v. Brewster, 30 St. R. 329. RECEIPT AND RELEASE. 1079 Parol evidence as to condition of delivery of release is admissible. R. L. Asen. V. Kellogg, 34 St. E. 405. If a contract be embodied in a receipt, its terms cannot be varied by parol evidence. Bissicks v. Fayolle, 1 Rob. C. C. 429. Parol evidence is inadmissible to vary a carrier's receipt for goods, as to their mode of transportation from the terminus of his route. Hinckley v. N. Y. C. E. R. Co., 56 N. Y. 429; S. C, 3 S. C. 281. The legal effect of a warehouse receipt cannot be varied by parol. Peck v. Armstrong, 38 Barb. 215. A contract for towage, " at the risk of the owner or master," contained in a receipt, delivered in advance to the owner of the vessel towed, cannot be varied hy parol. Milton v. Hudson River Steamboat Co., 4 Lans. 76. A consignee's receipt is not conclusive in favor of the carrier, in an action ior damage to the goods, during transportation. Monell v. Northern Central R. R. Co., 16 Hun, 585. The indorsement of a payment of interest upon a bond is not conclusive evi- dence of payment, in favor of one who purchased with notice that the back in- terest was unpaid — the indorsement having been made on receipt of the mort- gagor's promissory note, which was not paid. Feldman v. Beier, 78 N. Y. 293. Evidence is admissible to show that a receipt in full of money, for the pur- chase of personal property, and a bill of sale, do not truly express the trans- action between the parties, but that the property was transferred as security for a loan. Cassidy v. Jenkins, 16 Week. Dig. 560. A receipt may be explained by showing that it included a note, and that the balance only was paid in cash. Bedell v. Von Hage, 24 Week. Dig. 273. An instrument executed upon a settlement between parties, so far as it pur- ports to be a receipt, is, like any other receipt, liable to be overcome by parol evidence. Scorck v. Moritz, 6 Supp. 554. A receipt signed only by the defendant cannot be considered the agreement between the parties; it is only evidence of what the defendant undertook to do; and he may show by parol evidence the agreement on the part of the plaintiffs, not in conflict with defendant's engagements. Wise v. Rosenblatt, 16 Daly, 496; S. C, 34 St. R. 1005. An assignment of goods, absolute on its face, may be shown to have been given merely as collateral security, and not paid in satisfaction of a debt as stated in the receipt. Skenandoa Cotton Co. v. Lefferts, 36 St. R. 63. A certificate of deposit, issued by a bank, is not a contract, but in the nature of a receipt, and may be explained by parol evidence. Hotchkiss v. Mosher, 48 N. Y. 478. A receipt of a deposit in a savings bank is open to explanation. Cornell v. Emigrant Industrial Sav. Bank, 9 St. R. 72. A receipt in full is but prima facie evidence, it is open to explanation or con- tradiction. Greer v. People's Telephone Co., 18 J. & S. 110. Simple contract claim may be waived or released by oral agreement. Myers V. Stix, 36 St. R. 848. 1080 clerk's assistant. No. 2. For a Quarter's Kent. $150. ; Received of 0. P. one hundred and fifty dollars, being one quarter's rent, due this day, for my dwelling-house, and estate. No. 15 Dey street, now occupied by said O. P. New York, ,19... A. B. No. 3. For Money Paid by another Person. $300. New Yoek, 19 . , . Received of 0. P., by the hands of Y. Z., three hundred dollars, in full pay- ment for a chaise by me sold and delivered to the said 0. P. A. B. No. 4. For Honey Received for Another. $700. New Yokk, , 19. . . Received of 0. P. seven hundred dollars, it being for the balance of account due from said O. P. to Y. Z. A. B: Note. Release of judgment by third party must be based upon assignment thereof, either oral or written. Wittemore v. J. L. & S. 0. Co., 32 St. R. 316. No. 5. In Part of a Bond. $3,000. New York, , 19 . . . Received of B. P. the sum of three thousand dollars, being a part of the sum of five thousand dollars due from said B. P. to me on the day of .19-- A. B. No. 6. For Interest Due on a Bond. $700. New YoEii, , 19. . . Received of B. P. seven hundred dollars, due this day from him to me as the annual interest on a bond, given by said 0. P. to me on the day of , 19 . . . , for the payment to me of ten thousand dollars in three years, with interest annually. A. B. RECEIPT AKD RELEASE. 1081 No. 7. Beceipt on Account. 60. New York, , 19... Received of A. B. sixty dollars on account. C. D. No. S. Release — General. To all Whom these Presents shall Come, or may Concern, Greeting: Know ye, that , for and in consideration of the sum of lawful money of the United States of Amorica, to in hand paid by , ha . . remised, released, and forever discharged, and by these presents do. ., for heirs, executors, and administrators, remise, release, and forever discharge the said heirs, executors, and administrators, of, and from all, and all manner of action and actions, cause and causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims, and demands whatsoever, in law or in equity, which against ever had, now ha . . or which 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 pi-esents. In witness whereof, have hereunto set hand . . and seal. . the day of , in the year of our Lord 19. . . Sealed and delivered in presence of (L. s. ) STATE OF NEW YORK, | >ss.: (L. S.) (L. S.) , County of On this day of , in the year 19 ... , before me, the subscriber, personally came , to me known to be the person . . described in, and who executed the within.instrument, and acknowledged that . . he . . executed the same. Note. In absence of proof as to time of delivery of release, presumption that it was delivered at this date must control. Crager v. Reis, 35 St. R. 30. Release does not cover matters not known to releasor at time of its execution. Kirchner v. N. H. S. M. Co., 59 Hun, 186, 37 St. R. 189. Where employee knowingly executes general release, or receives money in full settlement, he cannot recover against employer for injuries received in his service. Cleary v. Mun. F. L. Co., 47 St. R. 172, aff'd, 54 id. 932. When release discharges dormant member of firm, of whose connection there- with creditor was unaware at time of its execution. Harbeck v. Pupin, 73 Hun, 1, 56 St. R. 67. 1082 cleek's assistant. A release, if founded upon a sufficient consideration, is effective though not under seal. Farmers' Bank v. Blair, 44 Barb. 641. Release of disputed claim will be sustained. Higginson v. Second Nat. Bank, 59 Hun, 183, 37 St. R. 712. Release of damages fraudulently obtained is void. Mahoney v. N. Y. C. & H. R. R. Co., 39 St. R. 911. Receipt or release may be avoided by proof that it was obtained without con- sideration, or misrepresentation. Martin v. Manufacturers' A. I. Co., 60 Hun, 535, 40 St. R. 17. General release, executed to be delivered on return of certain letters, but ob- tained by fraud, is no defense in action for accounting. Tooker v. Ackerly, 25 St. R. 502. Release executed by one, ignorant of English language, who had been arrested under claim which did not authorize such arrest, in order to relieve himself after long Imprisonment, is void. Lazzarone v. Oishei, 2 Misc. 200, 49 St. R. 520. When release of damages may be repudiated for fraud without returning alleged consideration. Shaw v. Weber, 79 Hun, 307, 61 St. R. 430. Release of interest in estate, without naming releasee, is invalid. Matter of Torkington, 79 Hun, 128, 61 St. R. 426. A receipt in full, though there be neither fraud nor mistake, is only a dis- charge pro tanto. Ryan v. Ward, 48 N. Y. 204. And see Redfield v. Holland Purchase Ins. Co., 56 id. 354 ; Boardman v. Gaillard, 1 Hun, 217 ; S. C, 3 S. C. 695, affd, 60 N. Y. 614. The giving of a receipt in full, on payment of an acknowledged indebtedness to the amount received, is no bar to an additional claim. Miller v. Coates, 66 N. Y. 609, rev'g Miller v. Mostyn, 2 Hun, 156, 4 S. C. 429. And see Churchill V. Bradley, 11 J. & S. 170. An instrument in settlement of all demands, although technically not a ra- lease, because not under seal, was held to be a valid receipt, the fair import of which was that the parties had made a mutual settlement, the sum recited as paid being the balance found. Peek v. Peck, 20 Week. Dig. 83, 99 N. Y. 608. No. 9. A Ilutual General Belease by Indenture. This indenture, made this day of , 19 ... , between A. B., of the one part, and C. D., of the other part, witnesseth : That on the day of the date hereof, the said A. B. and C. D. have each paid to the other the sum of $5 ; and each of them has canceled and delivered up to the other certain covenants, bonds, notes, and written contracts, upon which each of the parties claimed, and pre- tended to have divers claims and demands on the other ; the said claims and con- tracts, so canceled and delivered up, being supposed and intended to be all the claims and evidence of claim by each of the parties hereto on the other. And in consideration thereof, each of them, the said A. B. and C. D., does hereby for himself, and his legal representatives, release, and absolutely and forever dis- charge the other, of and from all claims and demands, actions, causes of action. EEOEIPT AND EBLEASE. 1083 of every name and nature, so that neither of them shall have any claim oh the other, directly or indirectly, on any contract, or supposed liability, or thing un- dertaken, done, or omitted to be done, from the beginning of the world to this day. In testimony whereof, the said parties have hereto interchangeably set their hands and seals the day and year first above written. A. B. (L. s.) Note. C. D. (l. s.) Claim for personal injuries under statute cannot be released before suit ex- cept by some person who has authority to bring action at time. Stuber v. Mc- Entee, 142 N. Y. 200, 31 Abb. N. C. 246, 58 St. R. 455, rev'g 47 id. 294. Evidence held sufficient to sustain finding that payment by wife in cash and notes was in satisfaction of plaintiff's claim. Hartford F. Ins. Co. v. Dickii.- son, 73 Hun, 579, 57 St. E,. 261. No. 10. Belease to a Guardian by a Ward on His Coming of Age. Know all men by these presents, that L. M., son and heir of S. M., deceased, hath remised, released, and forever quitclaimed, and by these presents doth remise, release, and forever quitclaim, unto I. H.. of, etc., his guardian, all, and all manner of actions, suits, reckonings, accounts, debts, dues, and demands whatsoever, which he, the said L. M., ever had, now hath, or which he, his ex- ecutors or administrators, at any time hereafter, can, or may have, claim, or demand against the said I. H., his executors or administrators, for. touching, or concerning the management and disposition of any of the lands, tenements, or hereditaments of the said L. M., situate, etc., or any part thereof, or for, or by reason of any money, rents, or other profits by him received out of the same, or and payments made thereof, during the minority of the said L. M., or by reason of any matter, cause, or thing whatsoever, from the beginning of the world to the day of the date hereof. In witness, etc. No. 11. Release of Land from a Judgment. SUPREME COURT — Albany County. 1 A. B. 1 Judgment for recovery . . . . . $600 00 12 50 agt. C. D. 1 $612 50 Roll filed and judgment docketed January 10, 1898, in the Albany county clerk's ofiice. In consideration of $5, to me in hand paid, I do hereby remise, release, and discharge the following-described land, and premises ( insert description ) , from 1084 clerk's assistant. all claim to, or interest in, the same, or any part thereof which I may have by- virtue of the above-mentioned judgment, and from all lien or incumbrance that has attached to the same by reason of said judgment. Witness my hand and seal, this day of , 19 . . . A. B. (L. s.) Note. Where judgment directs release to be given, valid instrument, capable of pass- ing title, is contemplated. Gerber v. Met. E. E, Co., 3 Misc. 427, 52 St. R. 444. No. 12. Release of Part of Mortgaged Premises. See Conveyances. Note. Release of part of mortgaged premises is conveyance within Recording Act. Baker v. Thomas, 61 Hun, 17, 39 St. R. 816. No. 13. Release of One of a Partnership. Whereas, A. B. and C. D. are jointly and severally indebted to me, E. P., in the sum of $600, which indebtedness accrued while the said A. B. and C. D. were carrying on business as copartners, under the firm name of B. & D. Now, in consideration of $50, to me in hand paid by C. D., I hereby remise and release the said C. D. from all and every individual liability to me incurred by reason of such connection with such copartnership firm. Witness my hand and seal, this day of , 19 . . . E. F. (L. s.) Note. A release of one of two joint debtors operates as a release of both, and an il- legal condition attached to the delivery will not destroy the presumption that the intention was that the release should become operative. Katz v. Schwab, 9 St. R. 494. A release of one of several tort-feasors operates a discharge of the others, not- withstanding a stipulation to the contrary. Mitchell v. Allen, 25 Hun, 543. Receipt to one of two joint and several debtors, acknowledging payment of his one-half of account against joint debtors, does not exonerate such debtor from liability. Abbott v. Royce, 20 St. R. 694. Such effect cannot be given to it by evidence aliunde. Id. Whether Code, section 1942, applies at all to joint and several debtors, guwre. Id. Accident, caused by combined negligence of two railroad companies, consti- tutes them tort-feasors. Gross v. Penn., P. & B. R. R. Co., 65 Hun, 191, 47 St. R. 374. In such case satisfaction by one discharges claim against otheY tort-feasors. Id. SCHOOLS. 1085 Legal operation of release of one. of two or more joint debtors may be re- strained by express provision in instrument that it shall not operate as to other. VVittemore v. J. L. & S. 0. Co., 124 N. Y. 565, 36 St. R. 881, aff'g 32 id. 316. RECOGNIZANCES. See Justices' Courts ; Receipt and Release ; Undertaking. SATISFACTION-PIECE. See Conveyances by Deed and Mortgage; Receipt and Release. CHAPTEE LIII. SCHOOLS. The forms given herewith apply to the Consolidated School Law of New York. (L. 1894, c. 556.) FORMS IN THIS CHAPTER. No. Page. Notice of special meetings 1 1086 Certificate relating to school libraries 2 1086 Library list for approval 3 1087 Collector's bond 4 1087 WarraDt of trustees 5 1088 Renewal of warrant C 108a Order for payment of teacher 7 1089 Teacher's contract 8 1090 Minutes of a district meeting 9 1090 Constitutional oath of school commissioner 10 1091 Application of trustees that supervisor and town clerk be associated with school commissioner In altering a district 11 1091 Order altering two school districts 12 1091 Notice where trustees do not consent to alteration indorsed on copy order, 13 1092 Order erecting a new district 14 1092 Notice of first meeting In a school district prefixed to a copy of the order erecting districts 15 1092 Order directing an inhabitant of district to serve notice of meeting of school district 16 1093 Notice of sale of schoolhouse and property 17 1091! Apportionment of proceeds of sale 18 1093 Certificate of teacher by school commissioner 19 1093 Order annulling teacher's certificate 20 1094 Declaration on challenge 21 1094 Collector's notice to pay taxes 22 1094 Return of the collector 23 1094 Collector's notice of levy and sale — Collector's sale 24 1095 Notice by clerk of district to ofilcers of their election 25 109r. Notice by town clerk of the election of school officers 26 1095 Vacancy in office of trustees supplied 27 1095 Appointment to fill vacancy In the office of clerk, librarian, or collector. , 28 lOOC Appeal to superintendent of public instruction 29 1096 Rules on appeals 30 1097 Practice on application for removal of school officers 31 1099 1086 No. 1. ITotice of Special Ileetiugs. A special meeting of the inhabitants of School District No , town of , qualified to vote at school meetings in said district, will be held in said district on the day of , 19 . . . , at o'clock, A. M. (or, p. M.) for the purpose of (here state the purpose or purposes for which the meeting is called ) . Dated ,19... A. B., Trustee (or, Trustees) of the District. Note. Vote of majority of voters present at meeting is sufficient to authorize build- ing new schoolhouse, and issue of bonds therefor. Smith v. Proctor, 53 Hun, 143, 24 St. R. 706. Laws of 1S87, chapter 538, does not make it improper for trustees to consult with taxpayers in respect to location, etc. Rauscher v. Cronk, 21 St. R. 529. No. 2. Certificate Belatiug to School Libraries. ^Common, I g^hool District. Union Free, ) To , School Commissioner, , N. T.: Common, j „ , , •^. , . , Dear Sie. — We, the undersigned trustees of ^union Free \ °"^°°^ District No , of the town of , county of , do hereby certify that there has been raised by tax, or otherwise, in the said district during the present school year, the sum of $ for the purchase of books for the school library in said district. The said sum, together with the sum which may be apportioned to the district from State funds for the same purpose, will be expended in the purchase of books in accordance with the law and the regulations governing the expenditure of school library moneys in this State. Dated, ,19... (Signed) P. 0. Address, , N. y. Trustees. 1 Cancel the term which does not apply, the commissioner will deduct the latter ' If any part of the sum certified Is sum and report to the department only made the basis of application for library the balance. money from any source other than the In union free school districts, the presi- department of public instruction, that dent and secretary of the board of edu- fact and the sum applied for should be cation will sign the application, stated on the blank line. In that case SCHOOLS. 1087 No. 3. Library List for Approval. (To be detached and forwarded to the State superintendent or to the school commissioner. See Note III.) State of New York, I Department of Public Instruction, j To Charles E. Skinner, State Superintendent of Public Instruction, Albany, N. Y.: Sir. — Following is a list of books for the school library, proposed to be pur- chased with money which the district has raised for that purpose, together with any which may be apportioned therefor from State funds. This list is to follow the application for an apportionment of State library money, and is submitted to you for approval. District No School district (common or union) Town of Amount raised by district County of (Signed) P. 0. Address, Trustees. Date, Note I. — School libraries " shall consist of reference books for use in the schoolroom, suitable supplementary reading books for children, or books relat- ing to branches of study being pursued in the school, and pedagogic books as aids to teachers." Consolidated School Law, tit. 13, § 1. Note II. — A list of books suitable for school libraries from which selections may be made, accompanied by helpful suggestions, may be had from the school commissioner or from the State superintendent on application. The same list appears in the revised Teachers' Manual, a copy of which has been provided for the teacher's use. Prior to purchase, the trustees should, in every instance, have the written approval of the State superintendent. Note III. — Before the first day of March, proposed lists should be filed in the office of the State superintendent by all trustees having the disposal of school library funds composed wholly or partly of State moneys, and copies should be retained. No. 4. Collector's Bond. Know all men by these presents, that we, , are held and firmly bound unto , trustee . . of school district No , in the town of , county of , New York, in the sum of dollars, to be paid to the said , trustee . . , as aforesaid, or to the survivor or survivors in ofiioe, or the successor or successors; to which payment, well and 1088 clerk's assistant. truly to be made, we bind ourselves, our heirs, executors, and administrators, firmly by these presents. Sealed ^\^ith our seals, and dated this day of , 19 . . . Whereas, the above bounden has been chosen collector of the above-mentioned school district No , in the town of , in conformity to the statutes relating to common schools: Now, therefore, the condition of this obligation is such that if the said shall well and truly collect aijd properly account for all moneys received by him as such collector, and shall, in all respects, duly and faithfully execute all the duties of his office, as collector of such district, then this obliga- tion shall be void ; otherwise to be in full force and eflFect. (L. s.) (L- S.) (L. s.) Signed, sealed, and delivered in presence of Indorsement. School district No , town of Collector's bond. Approved and filed this day of , 19 . . . Trustee . . . No. 5. Warrant of Trustees. To the Collector of School District No , in the Town of , in the County of , State of New York : You are hereby commanded to receive from each of the taxable inhabitants and corporations named in the foregoing list, and of the owners of the real estate described therein, the several sums mentioned in the last column of the said list, opposite to the persons and corporations so named, and to the several tracts of land so described, or so much thereof as may be voluntarily pa,id to you for two successive weeks after the delivery to you of this warrant, together with on« cent on each dollar thereof for your fees; and after the expiration of the time above mentioned, to proceed forthwith to collect the residue of the sums not so paid in as aforesaid, with five cents on each dollar thereof for your fees ; and, in ease any person upon whom such tax is imposed shall neglect or refuse to pay the same, you are to levy the same by distress and sale of the goods and chattels of the person or corporation so taxed, in the same manner as on warrants issued by the board of supervisors to the collection of taxes in towns ; and you are to make a return of this warrant within thirty days after the delivery thereof to you; and if any tax on real estate or the taxes upon nonresident stockholders in banlcing associations organized under the laws of Congress, mentioned in the said list, shall be unpaid at the time when you are SCHOOLS. 1089 required to return this warrant, you are to deliver to the trustees of the said district an account th-ereof, siccording to law. All moneys received or collected by you by virtue of this warrant you arc to keep safely, and to pay the same on the written order of a majority of the trustees, or to the treasurer of the district if such an officer shall have been duly elected and has qualified. Given under hand . . , this day of 19 . . . Note. Trustee. . Including unpaid school tax renders warrant void. Haley v. Whitney, 53 Hun, 119, 25 St. R. 765. Trustees do not act judicially in levying tax and issuing warrant. Id. County treasurer cannot refuse to pay to school collector amount of unpaid taxes, because latter failed in duty in collecting. People ex rel. Lake v. Haga- man, 22 St. R. 663. Nor, where tax is for schoolhouse site, because title is found defective. Id. No. 6. Renewal of Warrant. The undersigned trustees of school district No. 4, in the town of Berne, hereby renew the within {or, foregoing) warrant. Dated , 19 . . . M. M., etc. No. 7. Order for Payment of Teacher, Order No Collector of District No Treasurer of District No To , Supervisor of the Town of : Pay to {or, order ) , dollars and cents, on account of wages earned by h . . . while duly qualified as a teacher in school district No , in the town of , between the day of , , A. D., 19 , . . , and the day of , A. D. 19 . . . Dated, A. D. 19... 3 Trustee. . of School Dist. No , Toiim of $ Note. Supervisor may pay draft of de facto trustee for teacher's wages. Barrett v. Sayer, 34 St. R. 325. = Insert " sole " if the district lias but one trustee. 69 1090 cleek's assistant. No. 8. Teacher's Contract. (Consolidated School Law, tit. 7, § 47, subd. 10.) I, , of county of a duly qualified teacher, hereby contract with the board of trustees of district No , town of , county of to teach the public school of said district for the term of consecutive weeks, commencing , 19. . ., at a weekly compensation of dollars and cents, payable at the end of each thirty days during the term of such employment. And the board of trustees of said district hereby contract to employ said teacher for said period at the said rate of compensation, payable at the times,, herein stated. Said board of trustees reserve the right to provide for a vacation or vacations- of not more than weeks in the aggregate, during said term. Dated, 19 . . . Teacher. Trustees, This contract shall be executed in duplicate and one copy thereof given to the teacher and one retained by the board. Note. Written contract by teacher with Ae facto trustee is binding, and entitles tO' recovery for services performed and damages sustained by being prevented from performance. O'Neil v. Battle, 40 St. R. 65. No. 9. Minutes of a District Meeting. At a meeting of the freeholders and inhabitants of district No. 1, in the town- of Knox, held at the schoolhouse, in pursuance of notice to all the taxable inhabitants of said district, on the day of A. B. was chosen moderator, and C. D. was present as district clerk (or, E. F. was appointed clerk pro tern.). The written consent of the supervisor of said town having been read, stating that in his opinion the removal of the site of the schoolhouse in said district is necessary: And the subject having been submitted to the- meeting, and the question taken by ayes and noes, it was carried (or, lost)» SCHOOLS. 1091 two-thirds of all those present at such special meeting having (or, not, as the case may be), voted for such removal, and in favor of such new site: Those who voted in the affirmative were Mr. M., Mr. B., Mr. C, and Mr. H. ; those who voted in the negative, were Mr. C. and Mr. B. Ayes, 4. Noes, 2. L. M., Clerk. No. 10. Constitutional Oath of School Conunissioner. Albany County, ss. ; I, E. v., of the town of Berne, in said county, having been elected school commissioner for assembly district No. 2, in said county, being duly sworn, do depose and say, that I will support the Constitution of the United States, the Constitution of the State of New York, and will perform the duties of school commissioner for the second assembly district of the county of Albany. Sworn, etc. E. V. No. 11. Application of Trustees that Supervisor and Town Clerk be Associated with School Commissioner in Altering a District. Whereas, application has been made to the school commissioner for the alteration of school district No. 3 {or, for the erection of a new school district) in the town of Berne, and which, if done, will alter district No. 4 in said town, the undersigned trustees of district No. 4 hereby ask that the supervisor and town clerk of the town of Berne be associated with the school commissioner in his action in regard to such alteration. Berne, , 19. . . M. M., N. N., P. P., Trustees of School No. 4. No. 12. Altering Two School Districts. It is hereby ordered by the school commissioner of the second assembly dis- trict of the county of Albany (and the supervisor and town clerk of the town of Berne), that * school district No. 3, in said town, be enlarged by adding thereto the following described farms, to be taken from district No. 4 in said town, said farms are described as follows (give description). Witness my {or. our) hands, , 19. . ., at E. v.. School Commissioner. (M. B., Supervisor. T. C, Town Clerk.) 1092 clerk's assistant. No. 13. Ifotlce where Trustees do not Consent to Alteration Indorsed on Copy Order. Gentlemen. — Take notice of an order altering school district No. 4, of which the within is a copy, and which alteration will take effect in three months from the service of this notice unless you give your consent that such alteration shall take effect at an earlier day. Yours, etc., B. v.. School Commissioner. To M. M., N. N. and P. P., Esqs., Trustees, etc. No. 14. Order Erecting a New District. (As in No. 12, to the *, and then: ) a new district to be called district No. 10, be erected in the town of Berne, said district to embrace the following described farms and territory, which are taken from districts Nos. 3, 4, and 6, said ter- ritory so set apart for said district No. 10 is described as follows: (De- scription. ) Witness (our or,) my hand, this , 19. . . E. v.. School Commissioner. No. 15. Notice of First Meeting in a School District Prefixed to a Copy of the Order Erecting District. Notice is hereby given, to the inhabitants of the district (quailified to vote at district school meetings) described in the annexed order, that the first dis- trict meeting of said district will be held at the house of B. Y., in the town of Berne, in said district, on the 26th day of May, 1898, at eight o'clock, in the afternoon, for the purpose of electing district school officers, and determininj- upon the site for the schoolhouse, and the amount of tax to be raised to build the same, and to do any other important business necessary to be done at said meeting. Dated, , 19 . . . E. V., School Commissioner. SCHOOLS. 1093 No. 16. Order Directing an Inhabitant of District to Serve Notice of Meeting of School District. To N. 6., Esq.: Deab Sir. — Please serve the within notice of school district meeting for dis- trict No. 10, upon all the inhabitants, legal voters, in said district, at least six days before the day specified for such meeting. Dated, , 19 . . . E. V., School Commissioner, No. 17. Notice of Sale of Schoolhouse and Property. Take notice, that the subscriber will sell at public auction at the schoolhouse of the late school district No. 2 ( said school district having been annulled ) the property formerly belonging to said school district, being one pail, one black- board, the schoolhouse building (list of all articles) ; said sale will take placo on June 1, 1898, at ten o'clock in the forenoon. Dated, ,19... E. V., Supervisor. No. 18. Apportionment of Proceeds of Sale. COUNTY OF ALBANY, I Town of Berne, j School district No. 2, in the town of Berne, having been annulled, and the property of said district having been sold by me at public auction, and the debts, so far as they could be ascertained, having been by me paid, and there remaining a surplus of the proceeds of said sale, amounting to $45, I hereby apportion such surplus among the taxable inhabitants of said annulled dis- trict, according to law, as follows: Names of persons. Amount. A. B $2 24 C. D 3 16 Etc. E. v., Supervisor. No. 19. Certificate of Teacher by School Commissioner. This is to certify, that the bearer, Mr. (or, Miss) E. A. is well qualified in respect to moral character, learning, and ability, to instruct a common school in assembly district No. 2, in the county of Albany. Dated, ,19... E. V., School Commissioner. 1094 cleek's assistant. No. 20. Order AniLullmg Teacher's Certificate. Whereas, certain charges affecting the moral character of E. A., a teacher in school district No. 2 of the town of Berne, had been preferred against the said E. A., the said E. A. having full notice and ample time to meet said charges, and show the falsity of the same, and the said charges having been duly proved to be true, the certificate of qualifications as a school teacher for- merly granted to the said E. A. is hereby annulled and set aside. Dated, , 19... E. v., School Gomm/isaioner. No. 21. Declaration, on Challenge. " I do declare and affirm that I am, and have been, for the thirty days last past, an actual resident of this school district, and that I am qualified to vote at this meeting." No. 22. Collector's ITotice to Fay Taxes. The undersigned has received from the trustees of school district No. 4, town of Bern«, the warrant and tax list to collect the siuns therein specified from the persons therein named as liable to pay the same in said district, and all persons who pay their tax to me within two weeks from this date will be charged but 1 per cent, fees, and 5 per cent, will be collected from all per- sons who do not pay their taxes until after the expiration of said two weeks. Dated, , 19... M. E., Collector. No. 23. Beturn of the Collector. I hereby certify and return, that by virtue of the foregoing warrant I have collected the sum of $50, being the several sums thereon marked by me as paid, and that the following persons, to- wit: L. 0. and S. N., have not paid the simis taxed against them, nor have I been able to fi»d any property of the said L. O. and S. N., upon which I could levy. Dated, , 19... M. E., Collector. SCHOOLS. 1095 No. 24. Collector's Notice of Levy and Sale — Collector's Sale. By virtue of a warrant and tax list issued, directed, and delivered to me by the trustees of school district No. 4, of the town of Berne, I have levied upon and taken the following described goods (name them) of 0. P., which I shall sell at public auction at the public house of M. P., in said town, on the day of , 19 .... at 10 o'clock, a. m. Dated, ,19... M. E., Collector of School District No. 4. No. 25. ITotice by Clerk of District to Officers of Their Election. To A. B.. Esq.: Take notice, that at the annual meeting of school district No. 4, in the town •of Berne, you was elected trustee ( or, librarian, or, collector ) of said school dis- trict, to hold your office for the period of one {or, three) years. Dated, , 19 . . . Yours, etc., D. C, Clerk of the District (or, of said annual meeting). No. 26. Notice by Town Clerk of Election of School Officers. To T. C, Esq., Town Clerk of Berne : Take notice, that the following persons were elected school officers for the school district No. 4, of said town of Berne, at a meeting held pursuant to notice, in the sehoolhouse in said district, on the second Tuesday of October, instant, at eight o'clock, P. m.: for clerk, D. C. ; librarian, L. C; collector, C. C. ; and for trustee, M. M., to hold his office for three years, in place of M. P., whose term of office expires as trustee. Dated, 19 . . . Yours, etc., D. C, Clerk of Annual Meeting of said District. No. 27. Vacancy in Office of Trustees Supplied. Whereas, A. B., sole trustee {or, one of the trustees) of school district No. 4, in the town of Berne, departed this life [or, moved out of town, or, resigned^ on the day of , 19 ... , and the said school district has not 1096 oleek's assistant. supplied said vacancy, and more than one month has elapsed since the death {or, resignation, or, removal) of the said A. B., I do hereby appoint C. D., an inhabitant of said district, a trustee to fill the vacancy occasioned by the death (resignation, or, removal) of the said A. B., to hold his office until the next annual election in said school district. Witness my hand, this day of , 19 . . . M. v., School Commissioner. No. 28. Appointment to Pill Vacancy in the Office of Clerk, Librarian, or Collector. Whereas, E. F., the late clerk {or, collector, or, librarian) of school district No. 4, in the town of Berne, died {or, resigned, or, moved out of the town) on the 10th day of June, 1898, whereby there is a vacancy in said office, we, the trustees (or, a majority of the trustees) of said school district, do hereby ap- point G. H., an inhabitant of said school district, and a legal voter therein, to hold the office of clerk (or, librarian, or, collector) until the next annual meet ing of said school district, in the place and stead of the said G. H., deceased ( or, departed, or, resigned ) . Witness our hands, this day of , 19. . ., at the tovm of Berne. M. M., N. N., P. P., Trustees, etc. No. 29. Appeal to Superintendent of Public Instruction. To the Hon. V. D., Superintendent of Pullic Instruction: The undersigned, a taxable inhabitant, and a legal voter of school district No. 2, in the town of Columbus, county of Chenango, hereby appeals to the superintendent of public instruction from the decision {or, order) of B. C, thp school commissioner, in assembly district No. 2, in said county, which decision or order is as follows (give the order or decision appealed from) ; which said decision {or, order) was founded and based upon the following papers {or, facts ) ( set forth the papers or a clear statement of the facts in regard to which the decision or order was made ) . ( If the facts are stated in the appeal, in addition to the papers, then add the following affidavit: ) Chenango County, ss.: Q. Q., being sworn, says, that he has read the foregoing appeal, and the papers therein referred to; that he is acquainted with the facts and circum- stances set forth in the said appeal, and that the same are truly and correctly SCHOOLS. 1097 set forth, and occurred as therein described, and that the foregoing papers are true copies of the papers used on the hearing before the school commissioner in the above matter; and the said appeal is true to the knowledge of deponent, except as to the matters which are therein stated to be alleged on information and belief, and as to those matters he believes it to be true. ( See Rule 13. ) Sworn, etc. q. q. No. 30. Bules on Appeals. Pursuant to the authority conferred by section 2, title 14, chapter 556, Laws of 1894, the State superintendent has established the following amended rules to regulate the practice in appeals: 1. An appeal must be in writing, addressed " to the superintendent of public instruction," stating the grounds upon which it is taken, and signed by the appellant or appellants. The appeal must be verified by the oath of the ap- pellant or appellants. When the appeal is made by the trustees of a district it must be feigned by all the trustees, or a reason must be given for the omission of any, verified by the oath of the appellant, or of some person acquainted with such reason. 2. A copy of the appeal, and of all the statements, maps, and papers in- tended to be presented in support of it, with the affidavit in verification of the same, must be served on the officer or oflicers whose act or decision is com- plained of, or some of them; or if it be from the decision or proceeding of a district meeting, upon the district clerk or one of the trustees, whose duty it is to cause information of such appeal to be given to the inhabitants who voted for the decision. 3. Such service must be made by delivering a copy of the appeal to the party to be served personally, or, in ease he cannot be found in the commissioner district in which he resides, after due diligence, by delivering and leaving the same at his residence, with some person of suitable age and discretion, between six o'clock in the inorning and nine in the evening. 4. Immediately after service of such copy, the original, together with an affidavit proving the service of a copy thereof and stating the time and manner of the service and the name and official character of the person upon whom such service was made, must be transmitted to the department of public in- struction at Albany. 5. Such original appeal and all papers, etc., annexed thereto, with proof of service of copies, as required by rules 3 and 4, must be sent to the department of public instruction within thirty days after the making of the decision or the performance of the act complained of, or within that time after the knoiwledge of the cause of complaint came to the appellant, or some satisfactory excuse must be rendered in the appeal for the delay. If an answer is received to an appeal which has not been transmitted to the department, such appeal will be dismissed. 1098 6. The party upon whom an appeal shall be served must, within ten days from the time of such service, unless further time be given by the State super- intendent, on application, answer the same, either by concurring in a statement «f facts with the appellant or by a separate answer, and of all affidavits, pa- pers, maps, etc., in support thereof. Such statement and answer must be signed by all the trustees or other officers whose act, omission, or decision is ap- pealed from, or a good reason, on oath, must be given for the omission of the signature of any of them. Such answer must be verified by oath and a copy thereof and of all the statements, maps, papers, etc., intended to be presented in support thereof, served on the appellants or some one of them, in like man- ner as is provided in rule 3 for the service of a copy of an appeal. 7. Immediately after the service of a copy of such answer and the state- ments, papers, etc., presented in support thereof, the original answer and pa- pers, etc., together with an affidavit of the service of such copy and stating the time and manner of the service and the name and official character of the person upon whom such service was made, as hereinbefore provided for the service of a copy of ah appeal, must be transmitted to the department of pub- lie instruction, at Albany. 8. No reply, replication, or rejoinder shall be allowed, except by permission of the State superintendent of public instruction; in which case, such reply, replication, and rejoinder must be duly verified by oath, and copies thereof served on the opposite party. Immediately after the service of such copy, the original, together -with an affidavit of such service, and stating the time and manner of the service and the name and official character of the person upon whom such service was made, must be transmitted to the department of pub- lic instruction, at Albany. 9. So far as the parties concur in a statement, no oath will be required to it. But all facts, maps, or papers, not agreed upon by them and evidenced by their signature on both sides, must be verified by oath. 10. When any proceeding of a district meeting is appealed from, and when the inhabitants of a district generally are interested in the matter of the ap- peal, and in all cases where an inhabitant might be an appellant had the de- cision or proceeding been the opposite of that which was made or had, any one or more of such inhabitants may answer the appeal, with or without the trustees. 11. Where the appeal has relation to the alteration or formation of a school district, it must be accompanied by a map, exhibiting the site of the school- house, the roads, the old and new lines of districts, the different lots, the par- ticular location and distance from the schoolhouses of the persons aggrieved, and their relative distance, if there are two or more schoolhouses in ijnestion. Also, a list of all the taxable inhabitants in the district or territory to be af- fected by the question, showing in separate columns the valuation of their property, taken from the last assessment-roll, and the number of children be- tween five and twenty-one belonging to each person, distinguishing the districts to which they respectively belong. 12. An appeal, of itself, does not stay proceedings. If the party desires such stay he should apply for it by petition, stating the faots why such stay should SCHOOLS. 1099 be made, duly verified. The superintendent will grant a stay, or not, as in his judgment it may be proper, or may subserve the interests of either party or the public ; and may direct a copy of the petition to be served on the opposite party, and a hearing of both sides before deciding upon the application. 13. The affidavit of verification required by these rules to an appeal, an- swer, reply, replication, and rejoinder, must be to the effect, that the same is true to the knowledge of the affiant, except as to the matters therein stated to be alleged on information and belief, and that as to those matters he be- lieves it to be true. 14. All oaths required by these rules may be taken before any person au- thorized to take affidavits. 15. All appeals and other papers therein must be fairly and legibly written; and if not so written, may, in the discretion of the superintendent, be returned to the parties. 16. When any party, appellant or respondent, is not represented on the ap- peal by an attorney, the name of such party, with the names of the district, town, and county, and his post-office address must be indorsed upon each paper of the party so represented, filed in the department on such a/ppeal ; and when represented by an attorney, the name of such attorney, with name of the dis- trict, town, and county aflfected, and his post-office address, must be so in- dorsed upon each paper of the party so represented, filed in the department on such appeal. 17. Submission of appeals may be made upon the papers filed therein, with or without oral argument, or the filing of briefs, as the superintendent, upon application, may determine. 18. The decision of the superintendent in every case will contain the order, or directions, necessary and proper for giving effect to his decisions. 19. A decision upon an appeal will be forwarded by the superintendent to the clerk of the school district in which the appeal arose, or the town clerk of the town, when the appeal relates to the alteration of a district in which the order appealed from is filed, whose duty it will be to file the same in his office as a public record. No. 31. Practice on. Application for Bemoval of School Officers. (Under Cons. School L. of 1894, tit. 1, § 13.) Foe WrrxruL Violation or Neglect op Duty. The proceedings are generally termed appeals asking for the removal of the officer against whom the charges are made. The applicant should prepare a petition addressed, " To the superintendent of public instruction," in which, after distinctly stating the charge, should proceed with a specification of the facts by which it is established, which must be set forth with such certainty as to time, place, etc., as to furnish the officer with precise information as to what he is expected to meet, and enable him to 1100 cleek's assistant. look for repelling testimony. The charges must not only be distinctly alleged, but they must be specifically proved. After being verified, a copy of the peti- tion, and of all affidavits in support thereof, including the affidavits of verifi- cation thereto, miist be served upon the ofiieer whose removal is sought, to- gether with a notice of the application, which may be substantially In the fol- lowing words : pSib. — • Take notice, that the petition and affidavits, with copies of which you are herewith served, will be presented to the superintendent of public instruc- tion, at Albany, and application thereupon made for your removal from tlie office of of district No , of , in county ; and that you are required to transmit your answer to such application, duly verified, to the department of public instruction within ten days after the service hereof, or the charges contained in such affidavits will be deemed to be admitted by vou. A , B Post-office address A copy of this notice, together with an affidavit proving the service thereof and of the petition and affidavits therein referred to, and the date and manner of such service must be transmitted, with the original petition and affidavits, to the department of public instruction. " The officer cannot be prejudiced by' any statement which he has not been called upon to answer. The officer must transmit his sworn answer, together with the affidavits of other persons, if he deems them necessary, with proof of service of copies thereof upon the peti- tioner, to the department within ten days. If, for any reason, as the absence of material witnesses, he is unable to complete his defense in that time, he should, before its expiration, transmit his own answer, duly verified, with a statement, under oath, of the facts which render it necessary that the time to- procure further evidence should be extended, and stating the earliest day at which he expects to be able to obtain such evidence. If a probable defense ap- pears from his answer, and the application for further time is reasonable, att order will be made granting it. If no answer is made by the officer to the petition, etc., the allegations con- tained in said petition, etc., will be considered admitted as true, and if, as such, a case is established against the officer, the superintendent will at once remove him. If an answer is interposed, the question will be decided by the sxiperintendent after an examination of the facts as preseated by the papers upon both sides. For Willfully Disobeying any Decision, Ordee, or REOtrLATioN op the Superintendent of Public Instruction. The practice and procedure in cases of the willful disobedience of any order, decision, or regulation of the superintendent should be like that above stated of willful violation or neglect of duty, excepting that upon the filing of the petition, etc., with proof of service of a copy fjiereof upon the officer, in the department, or upon his own motion, the superintendent will issue an order directing the officer to show cause before him on or before a certain day fixed SCHOOLS. 1101 in the order, why he should not be removed from office. If no answer is made to said order, the allegations contained in the moving papers will be deemed to be admitted as true, and if, as such, a case is established against the officer, the superintendent will at once remove him. If an answer is interposed, the question will be decided by the superintendent after an examination of the facts as presented by both sides. Note. — In the papers filed in the department, upon an appeal, the superin- tendent wants facts, not arguments or inferences ; much less, injurious impu- tations on the motive of parties. The facts should be distinctly averred, so that an indictment for perjury would lie if they are willfully misstated. Therefore, they should not be stated by way of recital under a " whereas," or in any similar indirect way. Every material fact should be stated with all practicable particularity as to time, quantities, numbers, etc. Where a statement is ambiguous lOr dooibtful in meaning, that construction is adopted which is most unfavorable to the party making it. The appellant must establish his appeal by a preponderance of proof, and should make out his own case, so that, if no answer is put in, the superintend- ent will have, in the appeal itself, all the facts to inform him what order ought to be made. No decision can be based upon any facts except those which are «tated in the papers in the appeal, and which the opposite party has had the opportunity to controvert, although such facts may have been brought to the knowledge of the superintendent in some other way. The record itself must contain enough to support the decision. In the bringing and answering of appeals it is recommended that the mat- ters be written upon paper ruled as paper is ruled for legal pleadings. Such paper is kept by all stationers and booksellers, and is known as law paper or legal cap. The several sheets should be written, as lawyers write their papers, on both sides, so that the bottom of the first page is the top of the second, and the sheets are fastened or attached at the ends and not at the sides. Manu- script arranged in this fashion is more easily handled, folded, and filed. The papers should be smoothly folded and indorsed with the title of the case, briefly stating the siubstance of the appeal or answer, with the names of the parties or attorneys, and their post-office address and the district, town, and county affected. CHARLES E. SKINNER, State Superintendent of Public Instruction. SEALS. See Acknowledgments. 1102 CLEEK S ASSISTANT. CHAPTEK LIV. SEARCHES. As NEARLY all written instruments affecting the title to real estate are re- corded in the office of some public official, conveyancers, usually secure from such officials, a certificate showing the various papers or public records relat- ing either to the persons through whom the title to the particular property passed or to the property itself. The chief items as to persons are deeds, mortgages, judgments, petitions in bankruptcy, wills, etc., and as to the land, the principal items are taxes, mechanics' liens, water rates, assessments for local improvements, etc. These officials are responsible for any errors made by themselves, or those whom they employ, in making these searches. In many of the larger cities, title guarantee companies have made a business of furnishing these searches at a rate somewhat lower than that allowed to public officials by statute. Because of their greater responsibility and the accuracy which comes from the long experience of their searchers, these com- panies do the bulk of such work in the larger cities and towns. They have a form of requisition for a " blanket " search, covering every conveyance or lien which the professional man is called upon to examine, and also separate ones for any particular class of liens. The following forms of requisitions fill the requirements generally in New York State. Sometimes special, or local, laws provide for creating statutory liens in particular localities, and, of course, are not referred to here. FORMS IN THIS CHAPTER. No. Page. County clerk's or register's search for conveyances 1 1102 County clerk's search for liens 2 1103 List of additional searches 3 1103 No. 1. County Clerk's or Begister's Search for Conveyances. The clerk ( or, the register ) of the county of will please search for all deeds, mortgages, leases, or other conveyances or incumbrances of rec- ord in his office upon or affecting the premises described below: (Give full de- scription of premises) as against the persons whose names are subjoined for the periods mentioned, and certify the result to Dated , 19 . . . ( Signature.) SEARCHES. 1103 No. 2. County Clerk's Search for Liens. The clerk of the county of will please search in his office for all judgments and decrees and transcripts of judgments and decrees, also surro- gates' decrees and forfeited recognizances against the following-named per- sons for the periods mentioned: Also all: Mechanics' liens affecting the property (describe it) since the day of ,19... Notices of lis pendens, certificates of sheriffs' and marshals' sales, assign- ments of insolvent debtors, general assignments for the benefit of creditors, foreclosures by advertisement, and appointments of receivers, against the fol- lowing persons for the periods mentioned: Also unsafe building notices against the property above described, since the day of , A. D. 19... And certify the same to Dated, , 19. . . (Signature.) No. 3. lilst of Additional Searches. Requisitions in forms similar to those given above should also be made a» follows: Clerk of the United States District {or, Circuit) Court, for judgments and decrees. United States loan commissioners, for mortgages. To the proper official or a private individual for taxes, assessments, water rates, and sales for taxes against the property. Clerk of the United States District Court for petitions in bankruptcy. The title guarantee companies furnish blank requisitions for their long or short period, blanket or special searches, upon application. 1104 cleek's assistant. CHAPTEE LV. SHIPS AND VESSELS. ( See also title Bonds, forms Nos. 19 and 20. ) The Reoistet Act of the United States requires that upon every transfer of a. registered ship, in whole or in part, to any other citizen, there shall be some instrument of writing in the nature of a bill of sale, which shall reeite at length the certificate of registry, otherwise the ship shall be incapable of being registered anew. This, however, does not invalidate the act of sale as between the parties, but leaves the contract to be decided according to the general principles of the common law. Every ship is to be registered anew upon every transfer, and unless so registered she is not entitled to the privi- leges and benefits of a ship of the United States; and the consequence of a nonregistry is that the ship becomes a foreign ship. Whenever a new register is to be granted, the former certificate of registry is to be given up, except where it may have been destroyed, lost, or uninten- tionally mislaid. But in cases of sale by process of law, if the former owners do not surrender up the register, the owners or purchasers may obtain a new register or enrollment, upon complying with the conditions required in ordi- nary cases, excepting the delivery of the old register. Formerly, the only way by which an owner of a vessel could pledge or hypothecate his ship to secure his creditors, was by a bond called a bottomry bond, in which he pledged the keel or bottom of his ship as a security for the repayments. But a bottomry bond was limited in its nature, as it could be given only to enable the owner or master to fit out the ship, or to purchase a cargo for a proposed voyage, and as the lender took part of the risk (for if the ship was lost, he lost his money, as he had no claim upon the borrower personally) he usually demanded exorbitant rates of interest. To remedy these e^•ils, and for advantage to the owners of vessels. Con- gress, in 1850, passed an act, authorizing the owners of vessels to mortgage or hypothecate the same by an instrument in writing, and to give notice of such mortgage or hypothecation, by having the bill of sale, mortgage, hypothe- cation, or conveyance recorded in the office of the collector of customs where such vessel is registered or enrolled. Such mortgage, when recorded, has a preference ever all other liens subsequently created, except the lien by bot- tomi-y, created during her voyage, by a loan of money or materials necessary to repair or enable such vessel to prosecute such voyage. For form of shipping articles prescribed by Congress, for American vessels, see schedule to title 53, ch. 7, U. S. Rev. Stat. FORMS IN THIS CHAPTER. No. Page. Sale of registered vessel 1 1104 Sale of enrolled vessel 2 1105 Mortgage on vessel 3 llOfi Marine protest 4 1108 No. 1. Sale •t Registered Vessel. To all to Whom these Presents shall Come, Greeting : Know ye, that I, A. B., the sole owner of the ship or vessel called the Snipe, of the burden of fifty tons, or thereabouts, for and in consideration of the sum of $6,000, lawf\il money of the United States of America, to me in hand paid, before the sealing and delivery of these presents, by C. D., of the city of New SHIPS AND VESSELS. 1105 York, the receipt whereof I do hereby acknowledge, and am therewith fully satisfied, contented, and paid, have bargained and sold, and by these presents do bargain and sell, unto the said C. D., his executors, administrators, and as- signs, the whole of the said ship or vessel, together with the mast, bowsprit, saUs, boat, anchors, cables, and all other necessaries thereunto appertaining and belonging; the certificate of the registry of which said ship or vessel is as follows, to-wit: No In pursuance of an act of the Congress of the United States of America, •entitled " An act concerning the registering and recording of ships or vessels," , having taken or subscribed the required by the said act, and having that , owner of the ship or vessel called the , of , whereof is at present master, and is a •citizen of the United States, and that the said or vessel was And having certified that the said ship or vessel has deck . . and mast . . , and that her length is , her breadth , her depth , and that she measures tons ; and that she is has and head : And the said , having agreed to the description and admeasurement above specified, and sufficient security having been given according to the said act, the said has been duly registered at the port of Given under hand and seal at the port of , this day of , in the year 19. . . To have and to hold, the said granted, bargained, and sold ship or vessel, and appurtenances thereunto belonging, unto him the said C. D., his exec- utors, administrators, and assigns, to the sole and only proper use, benefit, and behoof of the said C. D., his executors, administrators, and assigns, forever: And I, the said A. B., have and by these presents do promise, covenant, and agree, for myself, my heirs, executors, and administrators, to and with the said C. D., his heirs, executors, administrators, and assigns, to warrant and defend the said ship or vessel called the Snipe, and all the other before-mentioned ap- purtenances, against all and every person and persons whomsoever. In testimony whereof, I, the said A. B., have hereunto set my hand and seal, this day of , in the year of our Lord 19. . . A. B. (L. s.) Sealed and delivered in the presence of E. F., No. 2. Sale of Enrolled Vessel. To all to Whom these Presents shall Come, Greeting: Know ye, that I, A. B., being the sole owner of the ship or vessel called the ■Spray, of the burden of seventy-flve tons or thereabouts, for and in considera- 70 110© tion of the sum of $15,000, lawful money of the United States of America, to- me in hand paid before the sealing and delivery of these presents, by C. D., of the city of New York, the receipt whereof I do hereby acknowledge, and am therewith fully satisfied, contented, and paid, have bargained and sold, and by these presents do bargain and sell, unto the said C. D., his executors, ad- ministrators, and assigns, the whole {or, one-half) of the said ship or vessel, together with the mast, bowsprit, sails, boat, anchors, cables, and all other necessaries thereunto appertaining and belonging. The certificate of the en- rollment of which said ship or vessel is as follows, to-wit: ENROLLMENT. Permanent. No Enrollment, in conformity to an act of the Congress of the United States of America, entitled " An act for enrolling and licensing ships or vessels to be employed in the coasting trade and fisheries, and for regulating the same." , having taken or subscribed the required by said act, and having that citizen . . of the United States,, owner . . of the ship or vessel called the , of , whereof is at present master, and as he hath is a citizen of the United States, and that the said ship or vessel was built at And .... having certified that the said ship or vessel has deck . . and mast.., and that her length is , her breadth , her depth , and that she measures tons, and that she is square sterned , has , no galleries, and head : And the said having agreed to the description, and admeasurement above specified, and sufficient security having been given according to the said act, the said has been duly enrolled at the port of Given under hand and seal at the port of , this day of , in the year 19 . . . To have and to hold the said ship, vessel, and appurtenances thereunto be- longing, unto him, the said C. D., his executors, administrators, and assigns, to the sole and only proper use, benefit, and behoof, of him, the said C. D., his executors, administrators, and assigns, forever: And I, the said A. B., have and by these presents do promise, covenant, and agree, for myself, my heirs, executors, and administrators, to and with the said C. D., his heirs, executors, administrators, and assigns, to warrant and defend the said ship, or vessel, and all the other before-mentioned appurtenances, against all and every person and persons whomsoever. In testimony, etc. (as in the last form). No. 3. Mortgage on Vessel. Know all men by these presents, that I, A. B., am held and firmly bound unto C. D., in the just and full sum of $4,000, lawful money of the United SHIPS AND VESSELS. 1107 States of America, to be paid to tlie said C. D. his executors, administrators, or assigns: for which payment well and truly to be made, I bind myself, my heirs, executors, and administrators, firmly by these presents. Dated at New York, this day of , in the year 19 . . . Whereas, the said C. D. has this day lent and advanced unto the said A. B. the sum of $2,000, on the body, tackle, and appurtenances of the ship or vessel called the Spring, of the burden of sixty tons, or thereabouts; the said A B. being the sole owner of said ship or vessel called the Spring. Now the condition of this obligation is such, that if the said A. B. shall pay or cause to be paid to the said C. D. the sum of $2,000 (the amount loaned), and interest thereon in three years from the date hereof, interest at 7 per cent, per annum, payable semi-annually, then this obligation to be void ; other- wise, to remain in full force and virtue. And in consideration of, and as security for said loan as aforesaid, the said ship or vessel is by these presents assigned, pledged, mortgaged, set over, and conveyed to the said C. D., his heirs and assigns; the certificate of the enrollment of which vessel is as fol- lows, viz.: No Enrollment in conformity to an act of Congress of the United States of America, entitled " An act for enrolling and licensing ships or vessels to be employed in the coasting trade and fisheries, and for regulating the same." , having taken or subscribed the required by the said act, and having that , owner. . of the ship or vessel called the of , whereof is at present master, and is a citizen of the United States, and that the said ship or vessel was built at And , having certified that the said ship or vessel has . . deck . . and . . mast . . , and that her length is , her breadth , her depth , and that she measures tons, and that she is and head : And the said having agreed to the description and admeasurement above specified; and sufficient security having been given according to the said act, the said has been duly enrolled at the port of Given under hand and seal at the port of , this day of , in the year 19 . . . It being mutually understood and agreed, that in case the amount of said loan and interest, or any part thereof, according to the terms of these presents, shall remain due and unpaid to said C. D., his heirs, executors, or assigns, after the expiration of said three years, the said C. D., his heirs, executors, or as- signs, may take possession of said ship or vessel, and appurtenances, and sell the same at public auction, in order to satisfy the amount then due, without any proceedings in court or otherwise, for the purpose of authorizing such sale, and thereupon may execute and deliver a sufficient bill of sale to transfer completely to any purchaser or purchasers all title and property in and to the said ship or vessel, and appurtenances of the said A. B., as sole owner thereof, now belonging. The said C. D. thereupon to account to the said A. B., his 1108 heirs, executors, or assigns, for any surplus of such sale, after paying all charges and expenses. And in ease of such sale as aforesaid, the said A. B., his executors, administrators, or assigns, shall, whenever thereto requested, make, execute, and deliver to such purchaser or purchasers, another bill of sale of said ship or vessel and appurtenances, in which the enrollment shall he recited as above, for the transferring completely to said purchaser or purchasers all the right, interest, and claim of said A. B., his executors, administrators, or assigns, as sole owner of said ship or vessel, and in default of the prompt execution and deliveiy of such other bill of sale to such purchaser or pur- chasers, by the said A. B., when thereto requested, the said C. D. is hereby constituted and appointed the legal attorney of the said A. B., for the pur- pose of making, executing, and delivering such bill of sale; and the said A. B. hereby ratifies and confirms the act of the said C. D., as his attorney for said purpose. And it is hereby further agreed, that insurance shall be made at some office in the city of New York, on the said ship or vessel, for the security of the said C. C, to an amount not less than the sum loaned as aforesaid, and the said C. D. is hereby authorized to procure such insurance, at the expense of the said A. B., if not seasonably obtained by said A. B. A. B. (L. s.) Signed, sealed, and delivered, in presence of G. H., No. 4. Marine Protest. STATE OF, NEW YORK, ) ' ).ss.: CSty and County of New York, ( To all People to whom these Presents shall Come or may Concern: I, A. B., a public notary in and for the state of New York, by letters-patent, under the great seal of the said State, duly commissioned and sworn, dwelling in the city of New York, send Greeting : Know ye, that on the day of , in the year 19. . ., before me appeared C. D., of the brig called the Home, and noted in due form of law with me, the said A. B., his protest for the uses and purposes hereinafter mentioned ; and now at this day, to-wit, the day of the date hereof, before me, the said notaiy, at the city of New York aforesaid, again comes the said C. D., and requires me to extend his protest, and together with the said C. D. also comes E. F. and G. H., belonging to the aforesaid brig, all of whom being by me duly sworn on the holy evangelists of Almighty God, voluntarily, freely, and solemnly do declare and depose as follows, that is to say, that he, the said C. D., set sail and departed in and with the said brig called the Home as master thereof from the port of Liverpool in England, having on hoard the said brig a cargo of , and bound for the port of : that the said brig was then stout, staunch, and strong: had her cargo well and sufficiently stowed and secured; was well masted, manned, tackled, victualed, appareled, and appointed; and was in every re- STAMP TAX. 1109 spect fit for sea and the voyage she was about to luidertake ; that after the said brig had been at sea twenty days (detail the circumstances attending the injury of the vessel, whether by collision or storms). And the said C. D. further says, that, as all the damage and injury which already has or may hereafter appear to have happened or accrued to the said brig or her said cargo, has been occasioned solely by the circumstances herein- before stated, and cannot and ought not to be attributed to any insufliciency of the said C. D., or default of him, this deponent, his officers or crew ; he now requires me, the said notary, to make his protest and this public act thereof, that the same may serve and be of full force and value, as of right shall apper- tain. And thereupon the said C. D. doth protest, and I, the said notary, at his special instance and request, do, by these presents, publicly and solemnly pro- test against winds, weather, and seas, and against all and every accident, matter, and thing, had and met with as aforesaid, whereby or by means whereof the said brig or her cargo, already has, or hereafter shall appear to have suffered or sustained damage or injury, for all losses, costs, charges, ex- penses, damages, and injury which the said brig or the owner or owners of the said brig, or the owners, freighters, or shippers of her said cargo, or any other person or persons interested or concerned in either, already have or may hereafter pay, sustain, incur, or be put unto, by or on account of the premises, or for which the insurer or insurers of the said brig or her cargo is or are re- spectively liable to pay or make contribution or average according to custom or their respective contracts or obligations; and that no part of such losses and expenses already incurred, or hereafter to be incurred, do fall on him, the said C. D., his officers or crew. Thus done and protested in the city of New York, this day of , in the year 19 . . . [n testimony whereof, as well the said appearers, as I, the notary, have sub- scribed these presents, and I have also caused my seal of office to be hereunto affixed, the day and year last above written. A. B., (L. s.) Notary Public. CHAPTEE LVI. STAMP TAX. The act op Congress, approved March 2, 1901, amending the act of June 1.3, 1898, imposing taxes to meet the expenses of the war with Spain, provides a tax as follows: Qjj Amount. Ale per barrel *' "*' Bankers, employing capital not exceeding $25,000, annually 50 00 Each additional $1,000 2 00 Beer, ale, and porter, per barrel l 60 Billiard rooms, for each table, annually 5 00 Bills of exchange and drafts (inland), for each $100 or fraction thereof 02 1110 cleek's assistant. On Amount. Same (foreign), also telegraph and express money orders, for each $100 or fraction thereof $0 02 Bill of lading 01 Bonds of indemnity 50 Bonds, debentures, or certificates of indebtedness, on each $100 or fraction 05 Bowling alleys, for each alley, annually 5 00 Brokers, annually 50 00 Broker's note. See Contract. Bucket shop transactions, on each $100 02 Certificate of profits or showing interest in accumulations, each $100, or fraction 02 Certifieates of stock, on each $100, or fraction 05 Cigarettes, weighing not more than three pounds per 1,000, and of a wholesale value of more than $2 per 1,000, per pound 18 weighing not more than three pounds per 1,000, and wholesale price of more than $2 per 1,000, per pound Cigars, weighing more than three pounds per 1,000, per thousand. . Not more than three pounds per 1,000, per pound Circuses, annually ( in each State or territory ) Conveyances: Deed, when value over $2,500, not exceeding $3,000. . For each $500 additional Contract — Broker's note or memorandum of sale of any goods, merchandise, stocks, bonds, exchange, notes of hand, real estate, or property of any kind or description issued by brokers Custom-house brokers, annually Custom-house entries: Under $100 in value Between $100 and $500 in value Exceeding $500 in value Withdrawal from bonded warehouse Debentures. See Bonds. Deeds. See Conveyances. Express money orders, for each $100, or fraction thereof Indemnity bonds Legacies : Over $10,000, not exceeding $25,000, to lineal ancestor, brother, or sister, on each $100 To descendant of brother or sister, on each $100 To uncle or descendant of an uncle, on each $100 To brother or sister of grandfather, on each $100 To those standing in other degrees of heirship, on each $100. . . All legacies to husband or wife, exempt. Between $25,000 and $100,000, above rate multiplied by 1%; between $100,000 and $500,000, by 2; between $500,000 and $1,000,000, by 2% ; over $1,000,000 by 3. 36 3 00 18 too 00 25 25 10 10 00 25 50 1 00 50 02 50 75 1 50 3 00 4 00 5 00 STEAYS. 1111 9° Amount. Le!.'aeies for uses of religious, literary, fharitable, or educational ' haracter, or for encouraireinent of nil, or to societies for preven- tion of cruelty to children, are exempt. Letter of credit, for each $100, or fraction thereof $0 02 Passage tickets, from X'nited States to foreign port: Costing $50 50 Each $50 additional 50 Pawnbrokers, annually 20 00 Porter, per barrel 1 60 Public exhibitions, not elsewhere enumerated, anmially 10 00 Sales of products or merchandise, at exchange or board of trade, for present or future delivery, for each $100 in value 01 Sales of stock, or memoranda of sales, or transfers of same, or agreements to transfer, each $100 02 Telegraph money orders, for each $100, or fraction thereof 02 Theaters, museums, and concert halls, in cities of more than 25,000 population, annually 100 00 Tickets. See Passage Tickets. CHAPTEE LVII. STRAYS. (See Code Civ. Pro., §§ 3082-3115 for provisions as to actions against persons allowing animals to stray upon highways.) Under the New York statute, whenever any person shall have any strayed horses, cattle, sheep, swine, or other beasts upon his inclosed land, or shall have any such beasts on land owned or occupied by him doing damage, and such beast shall not have come upon such lands from adjoining lands, where they are lawfully kept, by reason of his refusal or neglect to make or main- tain a division fence required by him by law. such person may have a lien upon such beasts for the damage sustained by reason of their so coming upon his lands and doing damage, for his reasonable charges for keeping them, and all fees and costs made thereon, and he may keep such beasts until such damages, charges, fees, and costs are paid, or such lien is foreclosed, upon complying with the provisions of this article relating thereto. (Town L., § 120.) If such beasts are not redeemed within five days after coming upon such lands, the person entitled to such lien shall deliver to the town clerk of the town, within which such lands or some part thereof shall be, a written notice subscribed by him, containing his residence, and a description of the beasts so strayed or coming upon his lands, as near as may be, and that he claims a lien on such beasts for such damages, charges, fees, and costs. The town clerk shall record the notice in a book to be kept by him for that purpose, for which he shall receive ten cents for each beast, to be paid by the person delivering the notice. Such book shall always be kept open for inspection, and no fees shall be taken by the clerk therefor. (Id., § 121.) Within six days after such beasts shall have come upon such lands, such owner or occupant may cause them to be put in the nearest pound in the 1112 cleek's assistant. same town, if there be one, there to remain until they are redeemed, sold, or reclaimed according to law. If there be no such pound, or he elect to keep such beasts, he shall cause them to be properly fed and cared for until they are redeemed, sold, or reclaimed, according to law. (Id., i 122.) Within thirty days after any such beasts may have come or been found upon any lands, the owner or occupant of the lands shall serve a written notice,^ either personally or by mail, upon the owner of the beasts, if known, that they are upon his lands, or in pound, as the case may be, and are held by him as strays or beasts doing damage, as the case may be; and if such owner is not known, he shall publish such notice, within such time, in the nearest newspaper of the county for at least two successive weeks. (Id., § 123.) The person delivering the notice to the town clerk shall be entitled to re- ceive therefor, in addition to the fees paid the town clerk, fifteen cents each for all horses, mules, cattle, and swine, and five cents for each other beast described in the notice. If the charges, damages, costs, and fees are not agreed upon be- tween the person delivering the notice and the owner of the beasts, they shall be determined by two feneeviewers of the town, one of whom shall be selected by the person claiming the lien, the other by the fenceviewer so selected. If such feneeviewers cannot agree, they shall select another to act with them, and the decision of any two of them shall be final. (Id., § 124.) If the owner of such beasts shall not redeem the same within three months after delivery of the notice to the town clerk, the person delivering the notice may foreclose his lien by action, or by a sale of the beasts, as herein provided. When a person claiming a lien, as herein provided, shall fail to establish the same, he snail not be entitled to receive anything for damages, charges, fees,. or costs, but shall be liable to pay all fees, costs, and expenses incurred by reason of his keeping such beasts, and the proceedings thereon. (Id., § 126.) After such three months, a fenceviewer of the town, on application of the person delivering the notice, shall give at least ten days' previous notice of the time and place of the sale of such beasts, by advertisement posted up in at least five public places in the town where such beasts may have been kept,_ one of which shall be at or near the outside door of the town clerk's ofiice. At the time and place mentioned, surii feneeviewers shall sell such beasts, to the highest bidder, unless redeemed by the owner. (Id., § 127.) Out of the proceeds from such sale, the fenceviewer shall retain and pay the sums charged for such notices, fees, and costs, together with the sums specified in the certificate for keeping the beasts, and damages done by them; and the like charges for the sale, as are allowed on sales under executions issued out of justices' courts, and he shall pay the residue to the owner of the beasts, if he shall appear and demand the same. (Id., § 128.) When the owner of such beasts is known and resides in the same town where such beasts are kept, five days' notice of the time and place of the meetings of the feneeviewers to determine the damages done by such beasts, and the charges for keeping them, shall be personally served on him, if he resides in the same town; if he resides elsewhere, and his post-office address is known, such notice shall be served by mail or personally. (Id., § 129.) The feneeviewers shall view the premises where damages are claimed to have been done, and they may issue subpoenas, examine witnesses, and take any competent evidence of the facts and circumstances necessary to enable them to determine the matter submitted to them, and shall determine any dispute that may arise touching the sufficiency of any division fence around the premises where such damage was done, and from where and how the beasts came upon the lands of the person claiming such damages and charges ; if they determine that for any cause the claimant's lien is not enforceable, they shall so certify, and the owner of the beasts shall thereupon be entitled to them without paying any charges thereon. (Id., § 130.) When such lien is foreclosed by action, all questions relating to damages, charges, sufficiency of fence, and from where and how such beasts came upon the lands of the person claiming such damages and charges, shall be proven upon the tvinl of such action, and no certificate of feneeviewers upon such question shall then be necessary. (Id., § 131.) STEAYS. 1113- If the owner of the beasts shall not appear and demand the residue of such moneys within one year after the sale, he shall be thereafter precluded from recovering any part thereof, and the same shall be paid by the officer making the sale to the overseers of the poor of the town, or, in cities," to the officers having their powers, for the use of the poor thereof, and their re- ceipt shall be a legal discharge to the keeper of such beasts and the officer selling the same. If the officer Mho shall have sold such beasts shall not, within thirty days after the expiration of the year, pay such moneys to the overseers of the poor of the town, or, in cities, to officers having the powers, he shall forfeit to the town or city the sum so remaining in his hands, to- gether with the amount of such moneys. (Id., § 133.) It shall not be lawful for any cattle, horses, sheep, and swine, or goats to run at large or to be herded or pastured in any public street, park, place, or highway in this State; and it shall be the duty of every overseer of high- ways Avithin his road district, and of every street commissioner in any in- corporated village, who shall have personal knowledge, or who shall be noti- fied of any violation of this act, to seize and take into his possession, and to keep until disposed of according to law, any animal so found running at large or being herded or pastured, and any person suffering or permitting- any animal to so run at large, or be herded, or pastured in violation of this section, shall forfeit a penalty of $5 for every sheep, swine, or cattle, and $1 for every sheep or goat so found, to be recovered by civil action by any inhabit- ant of the town in his own name, or in the name of the overseer of the poor of the to\m. (L. 1872, c. 776.) FORMS IN THIS CHAPTER. No. Page. Notice of strays for the town clerk 1 1113 Certificate of fenceviewers 2 1113 Receipt of overseer of poor 3 1114 Notice of sale of animals straying on the highway 4 1114 No. 1. Notice of Strays for the Town Clerk. (Town L., § 121.) To all persons whom it may concern : Take notice, that on the day of , 19 ... , one yoke of work- ing oxen, of a red color, with a white spot in the forehead of each, and the left hind foot of each one white, strayed upon my inclosed lands, in the town of Knox, where I reside, and now remain there. Dated, ,19... B. B. No. 2. Certificate of Fenceviewer. (Id., § 124.) I, G. C, fenceviewer of the town of Knox, hereby certify that B. B. is en- titled to receive from the owner of the yoke of oxen which came on to his in- closed lands, in said town, the sum of $25 as his reasonable charges for keep- ing the same from the day of , 19 . . . , to the day of , 19 ... , and that my fees in this matter amount to $ Dated, ,19... G- C., Fenceviewer. 1114 cleek's assistant. No. 3. Beceipt of Overseer of Poor. (Id., § 133.) ReceiTed of B. B., $65, being, as he alleges, the residue of the proceeds of Bale of certain oxen, after deducting the fees, charges, and expenses of notice, keeping, and sale, said oxen having been advertised and sold by him at public Auction, as strays, in accordance with the provisions of the statute, on the day of , 19. . . Dated , 19 . . . S. T., Fencevieioer. No. 4. Notice of Sale of Animals Straying on the Highway. To all persons whom it may concern : Take notice, that on the day of , 19. . . (describe the ani- mal), was seized and taken by A. B., found by him running at large in the public highway, opposite to land owned (or, occupied) by him, in town of , county of , and State of New York, contrary to the provisions of the act, entitled "An act to prevent animals running at large in the public highways," passed April 23, 1862, and due notice of such seizure having been given by him to the subscriber, a of said town, in ac- cordance with said act; notice is, therefore, hereby given, that said animal will be sold at public auction, to the highest bidder, at , in said -town, on the day of , 19 ... , at o'clock in the noon, pursuant to the provisions of the act aforesaid. Dated, the day of , 19. . . M. N., Justice of the Peace. (Or, Commissioner of Highways.) CHAPTEE LVIII. SUBSCRIPTION PAPERS. Considerable doubt has been expressed in several reported cases as to the binding force of subscriptions for religious and charitable purposes, which are mere promises to pay without consideration. But the courts have also frowned on defenses, based on a want of consideration in such cases, particu- larly where the society for whose benefit the subscription was made has proceeded in good faith and incurred expenses on the faith of the subscrip- tion. The statement of the law, found in the case of Barnes v. Perine (12 N. Y. 18, p. 23), has been generally approved in later eases. In that case the subscription, reproduced in Form No. 1, below, was under discussion. The court held the subscriber liable, on the ground that the society had gone .ahead and erected the building described in the paper, on the faith of the SUBSCEIPTION PAPERS. 1115 subscriptions, and it would be inequitable to allow the defendant to escape the liability which he had voluntarily created against himself. On the state of the law in general, the court remarked: 'An attempt to reconcile all the cases which have been adjudged, touch- ing the validity of voluntary engagements to pay money for charitable, edu- cational, religious, or other public purposes, would be fruitless; for, while circumstantial differences in the cases will explain and satisfactorily account for some of the diversities in the decisions, it will be found that there is, to some extent, a want of harmony in the principles and rules applied as tests of validity to that class of undertakings. The general principle is recognized in every case, that all simple executory contracts, whether in writing or verbal, must be founded upon a good consideration, and that the want of a legally adequate consideration, that is, a consideration recognized as sufficient in law, will vitiate every executory contract not under seal; still, the objec- tion of a want of consideration for promises like the one before us has not always been regarded with favor; and judges, considering defenses of that character as breaches of faith towards the public, and especially towards those engaged in the same enterprise, and an unwarrantable disappointment of the reasonable expectations of those interested, have been willing, nay ap- parently anxious, to discover a consideration which would uphold the under- taking as a valid contract; and that it is not unlikely that some of the cases, in which subscriptions have been enforced at law, have been border cases, distinguished by slight circumstances from agreements held void for a want of consideration." It is believed that subscriptions made substantially in the manner provided in Form No. 2 are binding on the subscribers. Svich a subscription is, of course, a contract, and is binding as well on the society or other organiza- tion as it is on the subscribers, and, under the adjudicated cases, would, it is believed, be upheld. FORMS IN THIS CHAPTER. No. Page. Subscription to build a church 1 1115 Subscription In the form of a contract 2 1115 No. 1. Subscription to Build a Church. " We, the subscribers, agree to pay the sums set opposite our respective names, for the purpose of building a Presbyterian church at Glens Falls; said church to be built on the lot now occupied by the old Presbyterian church in said village. The amount to be subscribed, in cash, is to be $5,000 ; the money to be paid to the trustees of said church, or to a building committee, to be appointed by the undersigned subscribers. The body of the church to be fin- ished and furnished uniformly; the pews or slips are to be equally assessed, and rented annually, and said assessments and rents to be paid and applied by said trustees in payment for the stated preaching of the gospel in said church and congregation, and expenses of said church. " Dated, March 29, 1848." No. 2. Subscription in the Perm of a Contract. This memorandum of subscription agreement, made this day of , in the year 19..., between , a corporation organized 1116 clerk's assistant. under the Membership Corporations Law of the State of New York {or, so- ciety, or, eommittee, as the case may be), party of the first part, and John Doe and all the other persons whose names are subscribed hereto, parties of the second part; Whereas, the parties of the second part are desirous and deem it to their advantage to have a church building (or, whatever the object of the subscrip- tion may be) erected at , in the county of , State of , and the party of the first part has agreed to erect said building at said place at a cost not to exceed the sum of dollars ; Now, this agreement witnesseth: In consideration of the mutual and reciprocal obligations herein contained,. the parties hereto agree and stipulate as follows: First. The party of the first part hereby agrees to erect, or cause to be erected, a church building at , in the county of , State of New York, according to plans and specifications to be approved by the board, of trustees of the party of the first part (or, other persons, as the case may be ) , at a cost not to exceed the sum of dollars, and have the same ready for occupancy within years from the time the entire amount herein provided for is in good faith subscribed by the parties of the second part hereto, as hereinafter provided. Second. The parties of the second part, in consideration of the party of the first part undertaking to erect, or cause to be erected, the building, as speci- fied in the foregoing paragraph of this agreement marked " First," hereby agree, and agrees, each for himself or herself, his or her heirs, executors, and administrators, to pay to the party of the first part the sums set opposite their respective names hereunto subscribed, on the dates and according to the terms herein expressed. Third. It is further agreed, that this contract shall not be binding on either party hereto until at least the sum of dollars is subscribed, pro- vided, however, that neither the party of the first part nor any party of the second part shall have power to cancel this agreement as to it, him, or her, prior to the day of , 19 . . . , it being the object of this pro- viso that the parties hereto shall have until said date to secure subscriptions amounting to the entire sum of dollars ; and if subscriptions for such sum is secured not later than said day of , 19 ... , none- of the parties hereto shall have power in any event to cancel this agreement as to it, him, or her. Fourth. It is further agreed, that if the entire sum of dollars is not subscribed on or before the day of , 19. . ., then any party hereto shall have power to cancel this contract as to it, him, or her, by giving a written notice, personally or by mail, of its, his, or her intention so to do ; if by the party of the first part to each of the parties of the second part, addressed to him or her at his or her last ascertainable post-office address; if by any party of the second part, by giving a like notice to the board of trus- tees of the party of the first part. Fifth. It is further agreed, that within days from the time the total amount of dollars, as herein provided, is subscribed, the party of TAXES. 1117 the first part can call for the payment of at leaat 25 per centum of the re- spective subscriptions made by the parties of the second part hereto, and may •call for any part, or the whole, of the remainder thereof at any time after months from the first call, as hereinbefore provided. In witness whereof, the party of the first part has caused this instrument to be subscribed in its corporate name and its seal to be hereto affixed, and the parties of the second part have hereto set their respective hands and seals :and the amounts and dates of their subscriptions. Names. Dates. Amounts. L. s. L. S. L. S. L. S. (If the subscription is to support a pastor, the agreement may be put in the form of an undertaking on the part of the corporation, society, or committee, to secure to the pastor the sum agreed upon, the subscribers agreeing to reim- T)urse the corporation, society, or committee in the sum which each subscribes. In any event, to be binding, the subscription should be in the form of an under- taking on the part of the corporation, society, or committee, to which the pay- ment is to be made directly to do some act which is the consideration for the subscription. The form given above can be easily changed to meet the various requirements of such documents.) CHAPTEE LIX. TAXES. The following forms will be found useful under the New York Tax Law: FORMS IN THIS CHAPTER. No. Page. Notice of completion of assessment 1 1118 Assessment-roll 2 1118 Assessment-roll of nonresidents 3 1122 Oath of assessors on assessment-roll 4 1123 Collector's bond 5 1123 Collector's warrant 6 112^ Collector's notice that he is ready to receive taxes : 7 1125 Account of unpaid taxes to be transmitted to comptroller 8 1125 Collector's alBdavIt of unpaid taxes 9 1125 County treasurer's certificate to collector's return 10 1126 Notice of levy and sale by collector 11 1126 Affidavit to reduce tax on real estate 12 112^! Affidavit to reduce tax on personal property 13 1127 T^otice to occupant of land sold at tax sale 14 1127 Proof of service of notice on occupant 15 1129 1118 CLEEK S ASSISTANT. No. 1. Notice of Completion of Assessment. (Tax L., § 35.) Notice Is hereby given, that the assessors of the town of Knox have finished their assessment-roll for the present year, and a copy of the same is left with A. B., one of the undersigned, at his office, where the same may be seen or ex- amined by any of the inhabitants of said town, during twenty days from the date of this notice, at any time between the hours of 9 a. m. and 8 p. M., and the undersigned assessors will meet at the office of said A. B. in said town, on the day of , 19 . . . , at 9 o'clock in the forenoon to review their assessments, on the application of any person conceiving himself ag- grieved. Knox, the day of , 19 . . . A. B., C. D., E. F., Assessors. Note. Board of assessors, acting as such under Laws of 1872, chapter 729, is not required to take a separate oath of office in proceeding thereunder. People ex rel. Heiser v. Gilon, 76 Hun, .346, 58 St. R. 602. Assessors in making assessment act judicially. Matter of McLean, 138 N. Y. 158, 51 St. R. 837, aflf'g 49 id. 601. Assessors act judicially in assessing taxable portion of property, part of which is exempt. Matter of Peck, 80 Hun, 122, 61 St. R. 802. Where both person and property are within territorial jurisdiction of as- sessors, assessment is presumed to have been legally made. Matter of Peck,. 80 Hun, 122, 62 St. R. 802. No. 2. Assessment-Boll. (Id., § 21, am'd L. 1901, c. 159.) Assessment roll of the town of , for the year 19 . . . Taxable inhabitants. No. of acres land taxed. Value of land taxed. Full value of taxable personal estate. Value of taxable rents. Amount of tax levied. When paid. A.B., 600 JSS.OOO 00. J4,000 00. TAXES. 1110' Note. Residence. — Person who has residence in oounti y, and also residence and principal place of business in city, is taxable for personal estate in city. Bowc V. Jenkins, 69 Hun, 458, 53 St. R. 138. In order to validity of assessment, statute binder which it is made must be complied with in every substantial particular. Sanders v. Downs, 141 N. "S'. 422, 57 St. R. 580. Assessment made in such form as to leave it open to doubt whether nonresident's name was so entered to include him among taxable in- habitants, is void. Id. If person has two residences, place where he stays greater part of time, votes,. and is asessed for personal taxes, is residence for purposes of taxation. People ex rel. Lawrence v. Barker, 44 St. R. 895. What acts constitute change of residence for purposes of taxation. Gilbert V. Moore, 52 Hun, 13, 22 St. R. 381. Determination of assessors as to residence is not conclusive. Paddock v. Guyder, 29 St. R. 773. One whose main establishment is in another State, where he votes and ia taxed, but who has winter residence in this State, cannot be taxed here for per- sonal property. People ex rel. Lorillard v. Barker, 70 Hun, 397, 54 St. R. 107 ;. aff'd, id. 935. Evidence. — Assessors cannot disregard, in fixing assessment, uncontradicted evidence as to personal property of taxpayer. People ex rel. Douglas v. Dykes, 45 St. R. 621. Personal propbety. — Personal property must be assessed within assess- ment district in which taxpayer resides. Wilcox v. City of Rochester, 129' N. Y. 247, 41 St. R. 511, aff'g 26 id. 477, 30 id. 1020. Trust securities, in possession of three trustees jointly in another State, two of whom are residents of that State, and other of this State, are not taxable here. People ex rel. Day v. Barker, 135 N. Y. 656, 48 St. R. 558, affg 44 id. 573. Where personal property of estate delivered into exclusive custody of two of executors is assessable. People ex lel. Brewster v. Barker, 8 Misc. 32, 58 St. R. 748. Assessment for personal property against executor by name " as executor of the estate of," etc., is valid. Matter of McLean v. Horn, 42 St. R. 329. Assessment of personal property against heirs of decedent, without naming- them, is void. Village of Sandy Hill v. Akin, 77 Hun, 537, 60 St. R. 396. Property out op State. — Fact that securities held out of, are liens upon property within, State does not make them taxable here. People ex rel. Day V. Barker, 44 St. R. 573; aflf'd, 48 id. 558. Taxable status of persons and property in towns and wards become fixed on first day of July of each year. Carman v. Sawyer, 56 St. R. 790. Bonds and mortgages, belonging to nonresident creditor, may be taxed in place where ob- ligations are held by his agent. Id. COEPORATIONS. — Joint-stock association, formed solely by private agreement, is not ta.xable on its capital. People ex rel. Winchester v. Coleman, 37 St. K. 120, affg 24 id. 970. 1120 clerk's assistant. Method of assessing tax upon corporation. People ex rel. Am. C. & D. Co. V. Wemple, 60 Hun, 225, 38 St. R. 17. Corporation is entitled to have deducted from value of capital stock only amount of actual assessments of real estate. People ex rel. Cent. Park, etc. v. Comrs., 21 St. R. 350. Debts of corporation are not to be deducted, but may be considered in valuation of corporate stock. Id. Rules to valuation of capi- tal stock of corporation, stated. Id. When commissioners are justified in assessing capital stock of . corporation -at par value. People ex rel. Cent. Park, etc. v. Comrs., 21 St. R. 355; Same V. Same, id. 356; Same v. Same, id. 357. Upon assessment of corporation for purposes of taxation, its just debts must be deducted. People ex lel. S. A. R. R. Co. v. Barker, 72 Hun, 126, 55 St. R. 186; aff'd, 56 id. 834. " Capital stock" denotes property, not shares of stock. Id. Realty and personalty must be separately valued. Id. If debts are to be deducted from sums invested in business, outstanding cred- its must also be considered. People ex rel. Thurber W. Co. v. Barker, 55 St. R. 207 ; aflF'd, 56 id. 586. Corporation, in assessment of taxes, is entitled to have its indebtedness de- ducted from value of its corporated assets. People ex rel. Second Ave. R. R. Co. V. Barker, 141 N. Y. 198, 56 St. R. 834, aff'g 72 Hun, 126, 55 St. R. 186. Manufacturing corporation, which does business partly in another State, is taxable here on all its capital employed in this State. Matter of Tiffany & Co., 80 Hun, 486, 62 St. R. 394. Actual value of its property used in its business here, instead of par value of its shares, is rule of assessment. People ex rel. Roebling's Sons' Co. v. Wem- ple, 138 N. Y. 582, 53 St. R. 297, aff'g 44 id. 708. So much of capital of corporation as is used to purchase stocks of corpora- tions organized in this State, is taxable here. People ex rel. Edison E. L. Co. T. Campbell, 138 N. Y. 543, 53 St. R. 184, rev'g 51 id. 939. Bonds of foreign corporations, issued to domestic corporation, in payment for patent rights, are taxable in this State. People ex rel. Edison E. L. Co. v. •Campbell, 138 N. Y. 543, 53 St. R. 184, rev'g 51 id. 939. In ascertaining assessed valuation of corporation, " nontaxable assets " are not to be deducted from indebtedness of corporation. People ex rel. Sloane V. Barker, 76 Hun, 454, 58 St. R. 495. Portion of capital stock of domestic corporation, which is employed in an- other State, is not taxable here. People ex rel. American S. Co. v. Campbell, 74 Hun, 101, 55 St. R. 881 ; aff'd, 60 id. 873. Market value of shares of stock is not proper basis of assessment. People ex rel. Equitable G. L. Co. v. Barker, 66 Hun, 21, 49 St. R. 428; aff'd, 137 N. Y. 544, 50 St. R. 934. Foreign corporation doing business in this State is liable to taxation on capi- tal used here. People ex rel. Southern C. 0. Co. v. Wemple, 131 N. Y. 64, 42 St. R. 632, aff'g 61 Hun, 83, 39 St. R. 738. Foreign corporation, actually carrying on portion, however small, of its manu- facturing operations in this State, in ordinary and regular course of its busi- TAXES. 1121 ness, in good faith, was not taxable before Laws of 1889, chapter 353. People ex rel. Thomas Clock Co. v. Wemple, 133 N. Y. 323, 45 St. R. 234, rev'g 42 id. 60. Foreign ^railroad company, whose business in this State consists wholly of interstate commerce, is not taxable here. People ex rel. Penn. R. R. Co. V. Wemple, 65 Hun, 252, 29 Abb. N. C. 85, 47 St. R. 695; aff'd, 138 N. Y. 1, 51 St. R. 702. Foreign corporation is not manufacturing within this State when its business- here is incidental to its main manufacture. People ex rel. Roebling's Sons' Co. V. Wemple, 63 Hun, 452, 44 St. R. 708 ; aff'd, 53 id. 297. Corporation is taxable only where its principal office is located by its certifi- cate of incorporation. Matter of McLean v. Wyandance B. & T. C. Co., 66 Hun, 122, 49 St. R. 601; aff'd, 138 N. Y. 158, 51 St. R. 837. When residence or domicile of domestic corporation is deemed to be where its principal place of business is situated. Austin v. Hudson R. T. Co., 73 Hun, 96, 56 St. R. 79. Exemption. — Payment of portion of purchase price of land with pension money exempts from taxation only to amount of such money used in purchase. Matter of Peck, 80 Hun, 122, 61 St. R. 802. Evidence held insufficient to establish right of exemption from taxation on ground that capital was invested in imported goods in original packages. Peo- ple ex rel. Luekemeyer v. Coleman, 133 N. Y. 625, 44 St. R. 933. Securities held by nonresident cotrustee for nonresident beneficiaries are not taxable. People ex rel. Darrow v. Coleman, 1 19 N. Y. 137, 28 St. R. 937, rev'g 25 id. 468. Domestic insurance companies are exempt from all taxation on personal property, except as specified in Laws of 1886, chapter 679. Dutchess Co. Ins. Co. v. Poughkeepsie, 51 Hun, 595, 21 St. R. 968. Parsonage on church lot is not exempt from taxation. People ex rel. Hutch- inson V. O'Brien, 53 Hun, 580, 25 St. R. 170. Young Men's Christian Association of New York is not exempt from taxa- tion as seminary of learning or building for public worship. Young M. C. Assn. V. Mayor, 113 N. Y. 187, 22 St. R. 952, rev'g 8 id. 425. Gratuitous use of private property for religious or educational purposes does not exempt it from taxation. Black v. Brooklyn, 25 St. R. 633. Proper mode of assessing property, portion of which is, and portion is not, exempt from taxation. Matter of Murphy, 9 Misc. 647, 62 St. R. 202. Town line. — Taxation of farm divided by town line. People ex rel. Dixon V. Gaylord, 52 Hun, 355, 23 St. R. 711. Lands divided by town line are assessable in city or town in which portion upon which owner resides is located. People ex rel. Vanderveer v. Wilson, 125 N. Y. 367, 35 St. R. 286, aff'g 24 id. 892. Occupied lands, when divided by town or county line, are to be assessed in town where occupant resides. People ex rel. Vanderveer v. Wilson, 52 Hun, 388, 24 St. R. 692. Validity. — ^Assessment of occupied lands to one who is neither owner nor occupant is void. Parsons v. Parker, 80 Hun, 281, 61 St. R. 847. 71 1122 CLERK S ASSISTANT. Assessment in name of lessee of land held valid in this case. Remsen v. Wheeler, 22 St. R. 846. Description of property in assessment-roll, which does not mislead, is suffi- cient. People ex rel. Hutchinson v. O'Brien, 53 Hun, 580, 25 St. K. 176. Entry of wrong name in assessment-roll, as owner of lands in Long Island City, does not invalidate tax. Collins v. L. I. City, 31 St. R. 461. Notice. — Notice of completion of assessment may be posted by any person under direction of assessors. Board, etc. v. Betts, 25 St. R. 660. Assessment-roll, which, on review day, is in several parts, is sufficient if sub- sequently engrossed, put together, and verified. People ex rel. N. Y., X. & W. R. R. Co. V. Clapp, 64 Hun, 547, 46 St. R. 509. No. 3. Assessment-Boll of Nonresidents.i (Id., § 29.) Assessment-roll of the town of , for the year 19 . Name of tract or patent. Ox Bow tract. 6 No. lot. No. acres. Valuation . $30, 00 Amount tax. When paid, Note. Land cannot be assessed to nonresident. Butler v. City of Oswego, 56 Hun, 358, 32 St. R. 456. Nonresident, having no taxable property in particular place, is under no ob- ligation to examine assessment-rolls of such place. McLean v. Jephson, 3S St. R. 490, rev'g 5 id. 12. Laws of 1855, chapter 37, does not refer to nonresidents doing business in this State merely as agent of principal located in another State. McLean v. Jeph- son, 33 St. R. 490, rev'g 5 id. 12. Laws of 1885, chapter 453, relates to such lands only as can be assessed as nonresident lands and returned as such to comptroller. People ex rel. Barnard V. Wemple, 117 N. Y. 77, 26 St. R. 720, aflf'g 25 id. 67. Assessment of occupied, as " nonresident " lands, is void. Joslyn v. Rock- land, 40 St. R. 274, aff'g 35 id. 888. ' If it be a part of a lot, the part must be distinguished by boundaries or in some other way by which it may be identified. TAXES. 1123 - No. 4. Oath of Assessors on Assessment-Boll. (M., § 37.) STATE OF NEW YORK, i County of Albany, \ We, the undersigned, do severally depose and swear, that we have set down in the foregoing assessment-roll, all the real estate situated in the tax district in which we are assessors, according to our best information; and that, with the exception of those cases in which the value of the said real estate has been changed by reason of proof produced before us, and with the exception of those cases in which the value of any special franchise has been fixed by the state board of tax commissioners, we have estimated the value of the said real es- tate at the sums which a majority of the assessors have decided to be the full value thereof; and, also that the said assessment-roll contains a true statement of the aggregate amount of the taxable personal estate of each and every person named in such roll, over and above the amount of debts due from such persons respectively, and excluding such stock as are otherwise taxable, and such other property as is exempt by law from taxation, at the full value thereof, according to our best judgment and belief. A. B. C. D. E. F. T certify that foregoing was severally subscribed and sworn by said assessors before me, this day of 19 . . . M. P., Justice of the Peace. Note. Assessor's oath, in form prescribed by act of 1884, is sufficient under act of 1885. Sherrill v. Hewitt, 36 St. R. 321. Verification of assessment-roll made on completion of roll, and before cor- rections are made, is nullity. Smith v. Mosher, 31 St. R. 235. No. 5. Collector's Bond. (TownL., § 52.) Know all men by these presents, that we, A. B., C. D., and E. F.. of , in the county of , are held and firmly bound unto G. H., supervisor of the town aforesaid, and to his successor or successors in office, in the penal sum of $4,000 (double the amount named in the collector's warrant) to be paid to the said G. H., or to his successor or successors in ofBce ; to which payment well and truly to be made, we bind ourselves, our heirs, executors, and adminis- trators, jointly and severally, firmly by these presents. Sealed with our seals, and dated this day of , 19 . . . 1124: clerk's assistant. The condition of this obligation is such, that, whereas, the said A. B. has been chosen, or appointed, collector of said town, and has received (or, will receive) the assessment-roll of said town, for the purpose of collecting the taxes therein named (amounting to the sum of $2,000) ; now, therefore, if the said A. B. shall faithfully execute the duties of said collector, pay over all moneys re- ceived by him, and account in the manner and within the time provided by law for all taxes upon the assessment-roll of this town delivered to him for the en- suing year, then this obligation to be void, otherwise to remain in full force and virtue. A. B. (L. s.) C. D. (L. s.) E. F. (L. s.) No. 6. Collector's Warrant. (TaxL., § 56.) 8TATE OF NEW YORK. 1 County of Albany, ( The People of the State of New York, to A. B., Collector of the Town of , in said County: You are hereby commanded to receive and collect from the several persons named in the assessment-roll hereunto annexed, and herewith delivered to you, the several svims mentioned in the last columns thereof opposite to their re- spective names on or before February 1, 19. . ., and you are hereby directed out of the moneys so collected to pay, on or before the first day of February, 19 . . . To the commissioner of highways of said town, the sum of ( insert here a full direction as to what officers the moneys are to be paid and the amount to be paid to each ) . To the overseers of the poor of said town, the sum of To the supervisor of said town, the sum of To the treasurer of said county, the sum of And in ease any person named in said assessment-roll shall neglect or refuse to pay his taxes or the fees for collecting the same (after giving the notices and waiting the time specified in the statute ) , you are hereby authorized to levy and collect the said taxes and fees as aforesaid, by distress and sale of the goods and chattels of such person, together with the costs and charges of such dis- tress and sale : and for so doing, this shall be your sufficient warrant. Given under the hands and seals of the undersigned, the board of supervisors of the county of , at , the day of , 19 . . . N. P., (L. s.) Chairman of Board of Supervisors. G. 6., (L. s.) Clerk of Board of Supervisors. TAXES. 1125 (If the law shall direct the taxes levied for any local or special purpose in a city or town, to be paid to any person or cfBcer other than those named in Tax Law, section 56, the warrant shall be varied so as to conform to such direction. ) Note. Delivery of warrant to collector, after December 15th, is valid. Board, etc., V. Betts, 25 St. R. 660. No. 7. Collector's Notice that He is Keady to Breceive Taxes. (Id., § 70.) The taxable inhabitants of the town of will take notice, that the undersigned collector of taxes in and for said town {or, tax district) has re- ceived the warrant for the collection of the taxes for the present year, and will attend at , in said town, on Tuesday, Thursday, and Saturday (not less than three days, and in cities five days ) of each week for thirty days from the date hereof, from 9 o'clock in the forenoon, until 4 o'clock in the afternoon, for the purpose of receiving payment of taxes. Dated, the day of , 19 . . . CO., Collector. No. 8. Account of TTupaid Taxes to be Transmitted to Comptroller. (Id., i 82.) Accounts of unpaid taxes of the year 19. . ., on lands of nonresidents in the town of , in the county of No. of lot. Name of tract. Ox Bow. No. of acres. 450 Valuation. S4SO0O Amount of tax Including five per cent, for feea. IS 20 Reason why not collected. No. 9. Collector's Aflldavit of Unpaid Taxes. (Id.) ' > ss. .• A. B.,' being duly sworn, says, he is collector of taxes for said town of ; that the foregoing is a true account of the taxes remaining unpaid COUNTy OF Town of . . 1126 upon the assessment-roll of said town for the year 1898; that the sums men- tioned in such account remain unpaid; and that he has not, upon diligent in- quiry, been able to discover any personal property belonging to, or in pos- session of, the persons charged with or liable to pay such sums, out of which the same could be collected by levy and sale. A. B. Sworn before me, this ) day of , 19. . . | (Attach latter form to form No. 8.) No. 10. County Treasurer's Certificate to Collector's Return. COUNTY OF , ) Treasurer's Office. j I certify, that the preceding is the account of unpaid taxes for the year 19. . ., delivered to me by A. B., collector of taxes of the town of , in said county; that I have examined and compared the same with the original assess- ment-roll of said town foi' said year, and found the same to be in all respects a true transcript from such roll. Dated at , the day of , 19 . . . P. P., County Treasurer. No. 11. Notice of Levy and Sale by Collector. (Id., § 56.) Take notice, that by virtue of a collector's warrant, to me delivered, I have levied upon and taken the following goods and chattels of P. Q. (insert list of articles taken), which I shall sell at public auction at the dwelling-house of L. M., in the town of , on the day of , 19 ... , at 10 o'clock in the forenoon of that day. Dated at , the day of , 19 . . . A. B., Collector. No. 12. Affidavit to Beduce Tax on Beal Estate. (Id., § 36.) Albany County, ss. : P. 0., of the town of Berne, in said county, being sworn, says, that the value of real estate which is assessed to him on the assessment-roll of said town, TAXES. 1127 for the year 19 ... , being two hundred acres, and estimated on said roll to be valued at $10,000, does not exceed in value $8,000. P. O. Sworn before me, this ) day of ,19... i A. B., Assessor of the Town of No. 13. Affidavit to Reduce Tax on Personal Estate. (Id.) Albany County, ss.: O. P., of the town of Knox, in said county, being sworn, says, that the value of the personal estate owned by him does not exceed the sum of $ (or, amounts to nothing), after deducting his just debts (and his property invested in incorporated companies liable to taxation ) . O. P. Sworn, etc. Note. Affidavit to reduce assessment upon personal property cannot be made before notary public or commissioner of deeds. People ex rel. Mercer v. Maynard, 7 Misc. 295, 58 St. R. 546. If person refuses to answer any question as to value of property or amount thereof, assessors will not reduce assessment. Id. Ap- plicant must submit to examination under oath as to assessable value of his personal property and subscribe such written examination. Id. No. 14. Notice to Occupant of Land Sold at Tajc Sale. (Id., § 134.) To A. B.: Take notice, that, at a sale of lands for taxes, made by the comptroller of the Sta.te of New York, at the Capitol, in the city of Albany, in the month of No- vember, 19. . ., M. M. purchased a lot, piece, or parcel of land, described as fol- lows, to-wit: (Description), for which he paid $20 consideration money, which lot or piece of land I understand you reside upon or occupy, or have in your possession. Also please to take notice, that the comptroller did, on the day of , A. D. 19 . . . , convey to M. M. the aforesaid described piece or lot of land, by deed, for the consideration above expressed ; and unless the said consideration money, with the addition of 37% per cent., and 50 cents for the comptroller's deed, shall be paid into the office of the treasurer of the State of New York, for the benefit of such grantee, within six months after evidence of the service of this notice is filed in the comptroller's office, the conveyance of 1128 CLEEk's ASSISTANT. the comptroller will become absolute, and the occupant or occupants, and all others interested in the said lands, be forever barred from all right or title thereto. Dated, , A. D. 19. . . Yours, etc., M. M. Note. State comptroller has no authority to sell for unpaid taxes lands assessed and returned as such. Bennett v. Peek, 112 N. Y. 649, 21 St. R. 775, rev'g 10 id. 876. Certificate. — Comptroller's certificate must be under both his hand and seal. Lockwood v. Gelert, 53 Hun, 15, 24 St. R. 245; aif'd, 38 id. 261. It is defective, if not made before day of delivery of lease. Id. Certificate must be signed and sealed. Lockwood v. Gelert, 127 N. Y. 241, 38 St. R. 261, aff'g 24 id. 245. Signing by one comptroller, and sealing by successor, are iueflfectual. Id. Assignment of certificate does not transfer outstanding term or interest in land. Coffin v. Brooklyn, 116 N. Y. 159, 26 St. R. 421. Sale and failure to redeem, under Laws of 1883, chapter 114, cut off title of both infants and adults. Levy v. Newman, 40 St. R. 489. Failure to properly assess prevents transfer of any title or interest to pur- chaser at tax sale. Cromwell v. MacLean, 123 N. Y. 474, 34 St. R. 85, aflf'g 25 id. 103. Notice to redeem. — Notice to redeem must be given, after delivery of tax lease, to bar owner. Smith v. Walker, 56 Super. 391, 21 St. R. 453. Notice to redeem must state sale correctly. Smith v. Buhler, 121 N. Y. 213, 30 St. R. 635, aflf'g 21 id. 453. Insufiicient and invalid notice to redeem will not sustain proceeding to com- pel collecting officer to receive amount of taxes. People ex rel. Clason v. Cady, 56 Super. 180, 23 St. R. 119. Description in notice of tax sale " lot 12, part," is substantial compliance with statute. People ex rel. Andrews v. Maguire, 38 St. R. 444, rev'g 29 id. 674. What particulars, advertisement of sale must contain. White v. Wheeler, 51 Hun, 573, 22 St. R. 853. Owner cannot complain of want of notice to mortgagee. Martin v. Stod- dard, 24 St. R. Ill; aff'd, 37 id. 330. Party must be mortgagee in fact, to entitle him to notice under Laws of 1883, chapter 114. Martin v. Stoddard, 127 N. Y. 61, 37 St. R. 330, aff'g 24 id. 111. Period of redemption by mortgagee is not barred by expiration of one year, and treasurer has right and power to receive money and give certificate there- after. People ex rel. Maloney v. Edwards, 56 Hun, 477, 32 St. R. 463. Validation. — Legislature may validate void tax. Vanderventer v. L. I. City; Woolsey v. Same; Same v. Same; Turner v. Same, 32 St. R. 1054. Legislature may provide that valid tax may be laid by comptroller upon valid assessment. People ex rel. Barnard v. Wemple, 53 Hun, 197, 25 St. R. 67.. TOWN LAW. 1129 Legislature has power to cure defect occasioned by failure of assessors to verify determination without providing for notice to taxpayers. Matter of Lamb, 51 Hun, 633, 22 St. R. 650. Legislature can validate void tax as well for amount of tax as for interest upon it. Collins v. L. I. City, 31 St. R. 460. Defect in certificate or lease, executed to purchaser upon tax sale, is not ground for recovering back purchase money. Clarke v. Mayor, 111 N. Y. 621, 20 St. R. 228. No. 15. Proof of Service of Notice on Occupant. (Id.) STATE OF NEW YORK, ) Albany County, ) I, N. P., being duly sworn, depose and say, that I did, on the day of , 19. . ., serve a copy of the above notice on A. B., personally {or, by leaving the same at the dwelling-house of the said A. B., with a person of suit- able age and discretion belonging to his family) who was the occupant and had the possession of said lot; and that I examined said lot and inquired whether there was any other occupant on said lot, and could not ascertain that there was any, and believe that there was no other occupant on said premises. N. P. Albany City and County, ss.: I certify, that the above-named N. P, came before me, this 27th day of July, 1898, subscribed his name to the above affidavit, and swore that its contents were true. And I also certify that I am well acquainted with the said N. P., and know him to be a man of credibility, and would place the fullest confidence in all representations made by him, as a man of truth and veracity. Dated, this day of , 19. . . S. S., Commissioner of Deeds. CHAPTEE LX. TOWN LAW. The forms given herewith comply with the requirements of the Town Law in New York. FORMS IN THIS CHAPTER. No. Page. Oath of town officer 1 1130 Application to change place of town meeting 2 1131 Appointment of third Inspector of election 3 1131 Application by taxpayer for special town meeting 4 1131 Notice of special town meeting 5 1131 Notice of proposition to be determined by ballot 6 1132 Oath of office 7 1132 Collector's undertaking 8 1133 Form of constable's undertaking 9 1134 1130 olekk's assistant. No. Page. Certificate of election of justices 10 1135 Justice's undertaliing 11 1133 Certificate tliat justice tias filed liis undertaking 12 1136 Supervisor's undertaking 13 1136 Undertaking of commissioners of excise 14 1137 Undertaking of overseers of the poor 15 1137 Undertaking of commissioners of lilgliways 16' 1138 Resignation of a town officer 17 1138 Notice of acceptance of a town officer 18 1138 Appointment to fill vacancy 19 1139 Order appointing inspector of elections to All vacancy 20 1139 Appointment of a town clerk 21 1140 Appointment of supervisor 22 1140 Appointment of assessor 23 1140 Appointment of collector in case of vacancy 24 1141 -Appointment of collector 25 1141 Appointment of justice of the peace to fill vacancy 26 1142 Notice to person appointed 27 1142 Petition to compel delivery of books and papers 28 1143 Answer of defendant . . . . ; 29 1144 Order for delivery of books and for commitment 30 1145 Order to show cause 31 1147 Commitment 32 1147 Search warrant 33 1148 Another set of forms under this section : Complaint to compel delivery of books, etc., to successor 34 1148 Order thereon 35 1149 Affidavit of delivery 36 1149 Warrant to commit person withholding 37 1149 Search warrant for such books and papers withheld 38 1150 Ueceipt by successor 39 1150 Statement of account and certificate by town board 40 1151 Certificate of town board to board of supervisors 41 1152 Notice of appeal to supervisors 42 1152 Justice's account against county in criminal matter 43 1153 The same against county 44 1154 Form of account for services 45 1155 Abstract for hoard of supervisors 46 1155 Appointment of firemen 47 1156 Application for election of town auditors 48 1157 Notice of resolution to build a town house 49 1157 Proof that resolution passed at town meeting 50 1157 Resolution of supervisors directing the money to be raised 51 1158 Annual report of town indebtedness 52 1158 No. 1. Oath of Town Officer. STATE OF NEW YOEK, i^^ . County of , ) I, .do solemnly swear (or, affirm), that I will support the Con- stitution of the United States, and the Constitution of the State of New York, and that I will faithfully discharge the duties of the office of , of the town of , in said county, according to the best of my ability. Subscribed and sworn to before me, this 1 day of , 19. . . i TOWN LAW. 1131 No. 2. Application to Change Place of Annual Town Meeting. (Town L., § 11.) To the Electors of the Town of , in the County of : The undersigned, fifteen electors of the town of , in said county, apply for a submission to the electors of said town, at the next annual town meeting therein, of the question, to be determined by them by ballot, as to where future town meetings shall be held. Dated, this day of , 19 . . . (Sign here.) No. 3. Appointment of Third Inspector of Election. (Section 19 of the Town Law was repealed by L. 1901, c. 536, and provision made in Election L., §§ 11 and 13, for inspectors.) No. 4. Application by Taxpayers for Special Town Meeting. (Id., § 23.) To C. D., Town Clerk of the Town of , in the County of : The undersigned, twenty-five taxpayers of said town, whose names appear on the last assessment-roll of said town ( or, as the case may be ) , hereby make application and require a special town meeting to be called, pursuant to sec- tion 2.5 of the Town Law, for the purpose of (here state the purpose for which the special town meeting is to be called). Dated, this day of , 19. . . (Taxpayers sign here.) (This form may be adapted to a case where the application is made by the officers named in this section.) No. 5. Notice of Special Town Meeting. (Id., § 24.) Whereas, a petition of twenty-five or more taxpayers of the town of , in the county of , whose names appear on the last assessment-roll of said town {or, as the case may be), has been presented to me, requiring a special town meeting to be called for the purpose of (state purpose of such 1132 meeting as in the application). Now, therefore, notice is hereby given, pur- suant to section 26 of the Town Law, that a special town meeting for said town will be held at (state the place), in said town, on the day of , 19. . ., for the purpose above stated. Dated, this day of , 19 . . . Town Clefilf.. No. 6. ITotice of Propositions to be Determined by Ballot. (Id., § 32.) To the Electors of the Town of , in the County of ..:- The undersigned (name officer), hereby applies for a vote to be taken by ballot at the next annual (or, at a special) town meeting, to be held' in said' town of , upon the following proposition: (Here fully si^ite the- matter. ) Dated, the day of , 19 . . . (Name erf; office. ) (If a town officer, as such, makes the application for a vote to raise money - for purposes pertaining to his duties, he must file, with his appllDation, a statement of his account to date, with the facts and circumstances; wJliCh, in, his opinion, make the appropriation applied for necessary, and his estimate of the sum necessary for the purpose stated.) (For the rights of electors and the duty of the town clerk in su9ll;(®§ie, see section 34 of Town Law.) STATE OF NEW YORK County of No. 7. Oath of Office. (Id., § 51.) iK, ) I, , of the town of , in the county and StatesrfOFesaid,' having b'een elected of said town, do solemnly swear {or, affirm), that I will support the Constitution of the United States of America, and the Constitution of the State of New York, and that I will f aithfuUy- discharge the; duties of the office of of said town to the best of my ai^iilily.-. AM I do further solemnly swear (or, affirm), that I have not, directly-or indirectly> . paid, offered, or promised to pay, contributed, or offered or promised" to- eonj< tribute, any moneys or other valuable thing as a consideration ; or reward fori- the oriving or withholding of a vote at the election at which I was elected to* said office, and have not made any ■promise to influence the giying or with- holding of any such vote. Subscribed and sworn to, before me, this i tnis ) day of ,19... \ > Justice of the Peace, . TOWN LAW. 1133 AocoMPANTiNo Certificate. STATE OF NEW YORK, j County of , (.««.: Town of , ) I, , a justice of the peace, in and for the town of , in the county aforesaid, do hereby certify that on the day of , 19..., before me personally appeared of the town aforesaid, who then and there duly took and subscribed the foregoing oath of office. Dated, this day of , 19 . . . Justice of the Peace. No. 8. Collector's XTndertaking. (Id., § 52.) Whereas, , of the town of , in the county of , was, on the day of , 19. . ., duly elected collector of said town. Now, therefore, we, the said , principal, and and , of the town of , his sureties, do hereby, pursuant to section 52 of the Town Law, jointly and severally undertake to and with the town aforesaid that the said will well and faithfully execute his duties as collector, pay over all moneys received by him as such collector, and account, in the manner and within the time provided by law, for all taxes upon the assessment-roll of his town, delivered to him for the ensuing year. Dated, this day of , 19 . . . STATE OF NEW YORK, i County of , ) On this day of , 19 ... , before me, the subscriber, per- sonally appeared and , to me personally known to be the same persons described in, and who executed, the foregoing undertaking, and severally acknowledged that they executed the same. Justice of the Peace. STATE OF NEW YORK. » r S3. .' County of • , J and , the sureties mentioned in the foregoing under- taking, being severally duly sworn, each for himself says, that he is a resi- dent and freeholder {or, householder) within this State, and is worth 1134 dollars over and above all debts and liabilities which he owes or has incurred, and exclusive of property exempt by law from levy and sale on execution. Subscribed and sworn to before me, this ) day of , 19. . . ) Justice of the Peace. Approval by Supbevisob. 1 hereby approve of the foregoing undertaking, and of the sufficiency of the sureties therein named. Supervisor of the Town of No. 9. Form of Constable's Undertaking. (Id., § 54.) Whereas, was on the day of March, A. D. 19 ... , elected (or, appointed) a constable of the town of , in the county of , and State of New York ; now, therefore, the said as principal, and , ( and ) , as sureties, both of the town of , in said county, do hereby jointly and severally un- dertake to and with the town aforesaid to pay to each and every person who may be entitled thereto, all such sums of money as the said constable may become liable to pay on account of any exeoution which shall be delivered to him for collection, and to pay each and every person for any damages which he may sustain from, or by, any act or thing done by such constable, by virtue of his office. Dated, , March , A. D. 19. . . (Acknowledgment and justification of sureties, as in form No. 8.) The following form of approval to be indorsed upon the bond will be suffi- cient: f ss. ; COUNTY OF Town of I hereby approve of the above (or, within) bond as to its form and manner of execution, and of the sufficiency of the sureties therein; and I also hereby certify that the same was executed in my presence by the said , , and , the constable and sureties therein mentioned. Dated, March , 19 . . . Supervisor of , or J Toum Clerk of COUNTY OF Town of . . TOWN LAW. 1135 No. 10. Certificate of Election of Justices. (H., § 57.) yss. : To , Esq., County Clerk of County: I do hereby certify that at the annual town meeting of the said town of , held therein on the day of , 19 . . , was duly elected justice of the peace for a full term. Dated, this day of , 19 . . . Toion Clerk. No. 11. Justice's TJndertaking. (Id., § 58.) Whereas, , of the town of , in the county of , was on the day of , 19 ... , duly elected justice of the peace of said town ; now, therefore, we, the said , principal, and and , of the town of , his sureties, do hereby, pursuant to section 58 of the Town Law, jointly and severally undertake to and with the town aforesaid, that the will pay over on demand to the officer, person, and persons entitled to the same, all moneys received by him by virtue of his office. Dated, this day of , 19 . . . (For acknowledgment and justification of sureties, see form No. 8.) COUNTY, Town of TY, j I do hereby approve of the foregoing instrument as to its form and manner of execution, and also of the sufficiency of the sureties therein. Supervisor of the Town of (In case the supervisor is also a justice of the peace, the approval must be by the town clerk.) 1136 cleek's assistant. No. 12. Certificate that Justice has Filed His Undertaking. (Id.) COUNTY OF Town of . . ■■■'H- To , Esq., County Clerk of County: I do hereby certify that has filed his undertaking as justice of the peace of said town, pursuant to section S8 of the Town Law. Dated, this ..:... day of , 19 . . . Toron Clerk. No. 13. Supervisor's Undertaking. (Id., § 60.) Whereas, , of the town of , in the county of , was on the day of , 19 ... , duly elected supervisor of said town. Now, therefore, we, the said , principal, and , and , of the town of , his sureties, do hereby, pursuant to section 60 of the Town Law, jointly and severally undertake to and with the town aforesaid, that the said will well and faithfully dis- charge his official duties as such supervisor, and that he will well and truly keep, pay over, and account for all moneys and property, including the local school fund, if any, belonging to his town and coming into his hands as such supervisor. Dated, this day of , 19 . . . [■ss. .• STATE OF NEW YORK, County of On this day of , A. D. 19. . ., before me, the undersigned, personally appeared , , and , to me personally known to be the same persons mentioned in and who executed the foregoing instrument, and severally acknowledged that they executed the same. Justice of the Peace. STATE OF NEW YORK, ) yss.: County of , I and , the sureties mentioned in the foregoing instru- ment, being severally duly sworn, each for himself says, that he is a resident and freeholder ( or, householder ) within this State, and is worth dollars, over and above all the debts and liabilities which he owes or has in- TOWN LAW. 1137 curred and exclusive of property exempt by law from levy and sale on execution^ Severally subscribed and sworn to before me, this day of , A. D. 19... Justice of the Peace. Approval by Board of Town Auditors. Town of , ss.: We hereby approve the above (or, within) bond as to its form and manner ef eixecution, and of the sufficiency of the sureties therein. Board of Town Auditors. No. 14. Undertaking of Commissioners of Excise. (Id., § 61.) (This office has been abolished, and the form heretofore occupying this place is, therefore, obsolete.) No. 15. Undertaking of Overseer of the Poor. (Id., § 62.) Whereas, , of the town of , in the county of , was, on the day of , 19 ... , duly elected overseer of the poor ef said town ; now, therefore, we, the said , principal, and , ef the town of , his surety, do hereby, pursuant t» section 62 of the Town Law, jointly and severally undertake, to and with the town aforesaid, that the said will well and faithfully dis- charge the duties of his office, and will pay according to law all moneys which shall come into his hands as such overseer. Dated, this day of , 19 . . . (Acknowledge, justify, and approve the same as in form No. 8.) One surety is sufficient. 72 1138 cleek's assistant. No. 16. TTiideTtaking of Comniissioiier of Highways. (Id., § 63.) Whereas, , of the town of , in the county of , was, on the day of , 19 ... , duly elected commissioner of highways; now, therefore, we, the said , principal, and , and , of the town of , his sureties, do hereby, pursuant to section 63 of the Town Law, jointly and severally undertake to and with the town aforesaid, that the said will faithfully discharge his duties as such commissioner, will within ten days after the expiration of his term of office, pay over to his successor all moneys remaining in his hands as such commissioner, and render to such successor a true account of all moneys received and paid out by him as such commissioner. Dated, this day of 19... (Acknowledge, justify, and approve the same as in form No. 8.) No. 17. Resignation of a Town Officer. (Id., § 64.) To , , and , Justices of the Peace of the Town of , in the County of : I hereby tender my resignation of the office of (name the office) of said town, for the following reasons: (Here state them.) Dated, this day of , 19 . . . No. 18. ITotice of Acceptance of Besignation. (Id.) •••'(.,. COUNTY OF . . Town of To , Town Clerk of said Town: You are hereby notified, pursuant to section 64 of the Town Law, that we, the undersigned, justices of the peace of said town, have, for good cause shown, accepted the resignation of as (name the office) of said town. Dated, this day of 19. . . Justices of the Peace. TOWN LAW. 1139 No. 19. Appointment to Fill Vacancy. (Id., § 65.) " ' yss.: COUNTY OF . . Town of Whereas, a vacancy has occurred in the office of , of said town, by the resignation {or, otherwise) of ; now, therefore, we, the un- dersigned, town board of said town, do hereby, pursuant to section 65 of the Town Law, appoint to fill the vacancy in the office of , caused by the resignation {or, otherwise) of the said , to serve until the next annual town meeting. Witness our hands and seals this day of , 19 . . . (Signatures and seals of town board or majority.) (If the appointment is made to fill a vacancy in the office of justice of the peace whose term of office expires on the 31st day of December preceding th« next town meeting, the appointment must expire at that time.) The appointment should be at a legal meeting of the board. Xo. 20. Order Appointing Inspector of Election to Fill Vacancy. (Id.) STATE OF NEW YORK, County of , Town of Whereas, a vacancy has occurred in the office of inspector of election in the first election district of the town of , aforesaid, by reason of a failure to choose or appoint inspectors of election at the last annual town meeting {or, by reason of their absence, or that they have ceased to be resi- dents of such district, or that they are unable to attend and hold an election, as the case may be) ; now, therefore, we, the undersigned supervisor, town clerk, and justices of the peace in such town, having duly met for the pur- pose of filling such vacancies, do hereby, by virtue of the power and authority vested in us by law, in order to fill such vacancies, designate and appoint j^^^ to be inspectors of election in the first election district, and and to be inspectors of election in the second election district of said town; each of the persons so appointed being electors of the election district for which he is appointed and qualified ac- cording to law. In witness whereof, we have hereto set our hands and seals this day of , A. D. 19 . . ,„. , , , ^ ' (Signatures and seals.) The order of appointment must be filed with the town clerk. 1140 No. 21. Appointmeiit of a Town Clerk. (Id.) Whereas, the oflBce of town clerk of the town of has become vacant by the death ( or, the removal from the State ) , of the late town clerk, we do hereby appoint , of said town, as town clerk thereof, to hold his ofiBce as such clerk until the next annual town meeting. Witness our hands and seals at the town of , this day of ,19... (Signatures and seals of town board or majority.) Note. Attempt by town clerk to file his constitutional oath of office within eighty days after it is taken, is sufficient compliance with statute. Matter of Foley, 8 Misc. 196, 38 St. R. 826. No. 22. Appointment of Supervisor. (Id.) Kss. STATE OF NEW YORK, County of Whereas, at the annual town meeting held in and for the town of aforesaid, on the Tuesday of March, A. D. 19 ... , the said town did omit or neglect to elect a supervisor for said town; now, therefore, we, the town board of said town, or a majority of them, by virtue of the power vested in us by the statute in such case made and provided, do hereby nomi- nate and appoint , of said town, supervisor of said town, to hold said office until the next annual town meeting. In witness whereof, we have hereunto set our hands and seals this day of , A. D. 19... (Signatures and seals of town board or majority.) No. 23. Appointment of Assessor. (Id.) STATE OF NEW YORK, ) ^^ . County of , ' Whereas, at the annual town meeting, held in and for the town of aforesaid, on the Tuesday of March, A. D. 19..., the said town did omit or neglect to elect an assessor for said town; now, therefore, we, the undersigned town board of said town, or a majority of them, by virtue of the TOWN LAW. 1141 power vested in us by the statute in such case made and provided, do hereby nominate and appoint , of said town, an assessor of said town to hold said oflFice until the next annual town meeting. In witness whereof, we have hereunto set our hands and seals this day of , A. D. 19... (Signatures and seals of town board or majority.) No. 24. STATE OF NEW YORK County of , Appointment of Collector in Case of Vacancy. (Id.) isg.: Whereas, a vacancy exists in the office of collector of the town of , by reason of the refusal to serve {or, of the death, or, resignation, or, removal out of the town or ward, or, his having become disabled from completing his duties, as the case may be ) of , who was heretofore elected ( chosen, or, appointed) to such office in said town; now, therefore, we, the town board of said tovra, or a majority of them, by virtue of the powers vested in us by the statute in such case made and provided, do hereby nominate and appoint , of said town of , collector of said town until the next annual town meeting. In witness whereof, we have hereunto set our hands and seals this day of ,19... (Signatures and seals of town board or majority.) No. 2.5. STATE OF NEW YORK^ County of ▲ppointment of Collector. (Id.) ' J. ««.; Whereas, at the annual town meeting held in and for the town of , on the Tuesday of March, A. D. 19..., the said town did omit or neglect to elect a collector for said town; now, therefore, we, the under- signed town board of said town, or a majority of them, by virtue of the power vested in us by the statute in such case made and provided, do hereby nomi- nate and appoint of said town, collector of said town, to hold said office until the next annual town meeting. In witness whereof, we have hereunto set our hands and seals this day of , A. D. 19... (Signatures and seals of town board or majority.) 1142 No. 26. Appointment of Justice of the Peace to Fill Vacancy. (Id.) STATE OF NEW YORK, 1 County of , j Whereas, a vacancy exists in the oflBce of justice of the peace of the town of , by reason of the resignation {or, refusal to serve, or, death, or, re- moval out of town, as the ease may he) of , who was heretofore elected (or, appointed) to such office in said town; now, therefore, we, the undersigned town board of said town, or a majority of them, by virtue of the power and authority vested in us by the statute in such ease made and pro- vided, do hereby, for the purpose of filling said vacancy, nominate and appoint , of said town of , a justice of the peace in and for said town, whose official term will expire at the next annual town meeting in said town, as provided by law {or, in ease he is appointed to fill a term expiring with the thirty -first day of December, then say " will expire on the thirty- first day of December next "). In witness whereof, we have hereunto set our hands and seals this day of 19... , Supervisor of the Town of , Town Clerk of the Town of , Justices of the Peace of the Town of No. 27. Notice to Persons Appointed. (Id.) -l' COUNTY OF Town of '"**•■■ To Esq.: You are hereby notified, pursuant to section 65 of the Town Law, that you have been appointed ( name the office ) of said town of , to fill the vacancy caused by the resignation {or, otherwise) of , and you are required to take the oath of office, and file your undertaking within ten days after receiving this notice (except justices of the peace), as directed by section 51 of the Town Law. Dated, this day of , 19. . . Town Clerk. TOWN LAW. 1143 No. 28. Petition to Compel Delivery of Books and Papers. (Id., § 84.) In the Matter of the Application of to Compel Delivery of Books and Papers by , his Predecessor in Office. To Hon , Countjf Judge of County: Your petitioner , respectfully represents that, on , at the annual town meeting held in the town of , in the county of , was duly elected to the office of supervisor of said town for the term of one year from that day and until his successor should be elected, chosen, or appointed; that he duly qualiiied as such officer and took possession of said office, and the records, books, and papers belonging to said office, and has thence continued and now is in possession thereof (or, until , when he died, in case proceeding is against executor, etc. ) . That your petitioner, at the annual town meeting held in said town on , was duly elected to the office of supervisor of said town for the year commencing on the day of such election; that the whole number of votes east at said election was , of which were given for petitioner, and for — a majority of for petitioner, as was ascertained and determined by the board of town inspectors and canvassers, and as the same was announced, declared and promulgated on the day of said election {or, was duly appointed to fill the vacancy in said office, occasioned by the death of said , as aforesaid, on the day of ) ; that he has duly taken and subscribed the oath of office prescribed by the Constitution and laws of this State, and has duly filed the same in the office of the town clerk of said town, on , and has also furnished and filed with the proper officers the security which as such supervisor he was required by law to give, which security has been duly approved, and that on said day of , he was duly qualified as supervisor of said towa according to law, and since that day has been and now is the supervisor of said town. That by virtue of said election (or, appointment) and the other facts above set forth, your petitioner is the legal successor of said to said office, and as such was and is entitled to the possession of the records, books, and papers now (or, heretofore) in the possession and under the control of said belonging or appertaining to said office (in case of appoint- ment to fill vacancy, allege that the said records, books, and papers have come to, and are now in the possession of , executor or administrator of 1144 cleek's assistant. said ) ; that such records, books, and papers are described as fal- lows: (Here insert description thereof.) That on yooir petitioner duly demanded said records, books, and papers of said (or, of said , executor or administrator of said ,. deceased) who then and there refused to deliver the same, or any of them, to him. (In case the demand was made of an executor or ad- ministrator, it should be alleged that he is a resident of the county, if the proceeding is before the county judge.) Your petitioner, therefore, prays that your honor will issue an order re- quiring the said {or, , as such executor) to show cause before your honor on a, day to be named therein, why he, the said {or, , executor, etc.) should not be compelled to deliver said records, books, and papers to your petitioner, and why your petitioner should not have such further or other relief, or order, as may be proper. That no previous application for such order has been made to any judge. Dated , STATE OF NEW YORK, 1 County of , j , being duly sworn, says he is the petitioner named in foregoing petition; that he has read said petition and knows the contents thereof; that the same is true of his own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters he be- lieves it to be true. Subscribed and sworn to be- | for me, this ! Notary Puilic. No. 29. Answer of Defendant. (Id., § 84.) (Title as in form No. 28.) And now comes the said , and for answer to the petition of , filed herein, and served upon him, states, that he was elected supervisor of the town of , at the annual town meeting in , and discharged the duties as such, and that at the annual town meeting held , he was, as he is informed and believes, elected su- pervisor for said town for the year commencing , ending at the annual town meeting in , and that he received at the election, so TOWW LAW. 1145 held ™ , votes for the office of supervisor of said town, and that the petitioner , received only votes for said office, as was ascertained and determined by the board of town inspectors and can- vassers, and by the same was announced, declared, and promulgated on by said board. He denies that it was ascertained, declared, and promulgated on said day, or at any other time, that said had received votes for said office of supervisor, or a majority of the whole number of votes cast for said office at said election ; and denies that was elected at said election. He also alleges that at said annual town meeting, the votes cast were pub- licly "canvassed according to law, and, after the said canvass was completed, a statement of the result was entered at length by the clerk of the meeting, in the minutes of its proceedings kept by him as required by law, and such min- utes were publicly read by said clerk to the meeting, and it was ascertained and determined, announced, declared, and promulgated that he, , had received a majority of the votes cast in said town at such election, for tlie officer of supervisor of said town, and that on , he filed an oath of office and his official bond with the town clerk. Wherefore he demands that this proceeding be dismissed. Dated Attorneys for Defendant. (Verification same as that to petition.) No. 30. Order for Delivery of Books and for Commitment. (Id., I 84.) (Title same as in form No. 28.) Whereas, on at my chambers, in the city of , New York, a petition in the above-entitled proceeding was presented to the under- signed, county judge of , county, by , in substance that, at the annual town meeting held in the town of , in the county of , on , said petitioner was duly elected to the office of supervisor of said town, for the ensuing year, having received votes out of the whole number of votes cast, to votes east for , at said election; that he had qualified himself to discharge the duties of said office by taking and filing the requisite oath of office and giving and filing the security required by law, and that , his predecessor in said office, wrongfully withheld the records, books, and papers, belonging or appertaining to said office, after demand for the possession thereof made by said petitioner; and, 1146 cleek's assistant. Whereas, the undersigned being satisfied by the oath of said so presented, that the records, books, and papers mentioned in said petition, dated , were wrongfully and unlawfully withheld by said (or, if by , executor or administrator, then, that he is a resident of said county), I granted an order requiring the said to show cause before me, , at 10 o'clock in the forenoon, at my chambers in the city of , why he should not be compelled to deliver said records, books, and papers to said , and why said should not have such further and other relief as may be just; and. Whereas, at the time and place so appointed the said appeared before me and filed his answer to said petition, controverting and denying under oath the material allegations of said petition, and the said also appeared and filed before me proof of due service of a copy of said petition and order to show cause upon said , as required by said order, and I thereupon proceeded to inquire into the facts and circumstances of said matter, which inquiry and investigation was continued before me from day to day until this day, the matter having been duly and regularly ad- journed, and' the said not having made oath before me that he had truly delivered to said , the said records, books, and papers, as provided by the statute, and it satisfactorily appearing to me that the said was elected to the office of supervisor of the town ol , and is the successor of said to said office of supervisor, and that said records, books, and papers are still wrongfully and uidawfully with- held, and that said still neglects and refuses to deliver up the same to said * Now, after hearing , Esq., attorney for said , in sup- port of said petition, and , attorney for said in oppo- sition thereto, it is hereby Ordered, that the said forthwith deliver to said all the records, books, and papers belonging or appertaining to the said office of supervisor of the town of , viz.: (Here insert description thereof as stated in petition) which are in the possession or under the control of said , or in default thereof, that a warrant issue to the sheriff of the county of to commit said to the jail of the said county, there to remain until he shall deliver to said the said records, books, and papers, viz.: (Here repeat description as abov£) or to be otherwise discharged according to law. And the said having required it, it is Ordered, that in ease such default is made by said , in the de- livery of said records, books, and papers, as aforesaid, a search warrant issue to the sheriff, or any constable of the county of , commanding him, in the daytime, to search such places as shall be designated in such warrant, viz. : ( Here insert a particular description of the different buildings, etc., to be searched) for said records, books, and papers, viz.: (Hepeat description of ree- TOWN ■ LAW. H4'7 ords, etc., as above) so withheld, and seize and bring them before the under- signed, for further action In the premises. Dated County Judge of County. No. 31. Order to Show Cause. (Id.) (Entitled as in petition.) On reading and filing the petition of , bearing date , 19... (and if any other affidavits accompany it, specify them), and being satisfied by the same that the records, books, and papers specified in said petition are unalwfully withheld from said petitioner by the said , on motion of , attorney for said petitioner, it is hereby ordered that the said show cause before me, at my chambers, in the city and county hall, in the city of , New York, on the day of , 19 . . . , at 10 o'clock in the forenoon of that day, why he should not be compelled to deliver the records, books, and papers mentioned in said petition to said , and why said should not have such further and other relief as may be proper. Let a copy of this order and of the papers upon which the same was granted be served upon said personally, this day (or, on or before a day named). County Judge of County. No. 32. Commitnient. (Id.) The People of the State of New York, to the Sheriff of the County of Whereas (copy form 30 down to •) and proceed: These presents are, therefore, to command you, the sheriff of the county of , and you are hereby commanded to take the body of said , and commit him to the jail of county, there to remain until he shall deliver the following described records, books, and papers, viz.: (Repeat description from above form) or be otherwise discharged according to law. In witness whereof, I have hereunto set my hand and seal, at my chambers, in the city of , New York, this day of , 19. . . (I.. S.) County Judge of County. 1148 cleek's assistant. No. 33. Search Warrant. (Id.) If a search warrant is demanded, when issued, it may be in the following form: The People of the State of New York, to the Sheriff or any Constable of county: Whereas ( copy form No. 30 to * ) , and said having required a search warrant to be issued as provided by law, you, the said sheriff of county, and any constable of said county, are hereby commanded to search, in the daytime, the (here insert a description of the premises to be searched) for said records, books, and papers, viz.: (Here give description as stated in the above order), and seize and bring them before the undersigned. In witness whereof, I have hereto set my hand and seal, at my chambers, in the city of , New York, this day of , 19. . . (I- s.) , County Judge of County. ANOTHER SET OF FORMS UNDER THIS SECTION. No. 34. Complaint to Compel Delivery of Books, etc., to Successor. (Id.) STATE OF NEW YORK, i Coimty of , S To the Hon , Justice of the Supreme Court : J . . . , of said county, being duly sworn, makes complaint against , late commissioner of highways of the town of , in said county, and says, that the deponent was duly elected commissioner of high- ways of said town of , at an annual town meeting of such town, held on the day of , 19. . . ; that he has taken and filed the oath prescribed by law, and has given the requisite bond. That by virtue of such election he is successor to the said , late commissioner as aforesaid. That he has required and demanded that the said deliver over to him, as such successor, all the records, books, and papers in his possession or under his control, belonging or appertaining to the said oflSce of commissioner of highways. And this deponent further alleges that said has refused and neg- lected so to deliver such records, books, and papers, or any part thereof, and that, as this deponent is informed and believes, said has in his possession or under his control, the following records, books, and papers ap- TOWN LAW. 1149 pertaining to the said oflSce of commissioner of highways (insert description if known, if not, say so), and that he unjustly and unlawfully withholds the same from this deponent. Sworn to, etc. No. 35. Order Thereon. (Id.) STATE OF NEW YORK, ) County of , ( Complaint having been made to me, the undersigned, as follows, to-wit: (Insert a copy of the complaint), and being satisfied by tbte oath of the said complainant ( add " and other testimony offered " if any such was offered ) , that the said books and papers (or, either, according to the fact) are with- held as aforesaid, I, therefore, pursuant to the provisions of the statute in such case made and provided, do hereby order and direct the said , the person so refusing, to show cause before me, at my office, in the city of , in said covnty, on the day of , instant, at 10 o'clock in the forenoon, why he should not be compelled to deliver the same books and papers ( or, either, as the case may be ) . Bated, etc. (Signature.) No. 36. Affidavit of Delivery. (H.) STATE OF NEW YORK, » ^ County of ) , of said eoointy, being duly sworn, says, that he is the person mentioned and described as late commissioner of highways of the town of , in said county, in a certain affidavit and complaint made by one , before the Hon , justice of the Supreme Court, on the day of , 19. . ., and that he has truly delivered over to his successor in said office of commissioner of highways all the books, records, and papers in his custody or appertaining to his said office, within his knowledge. Sworn, etc. No. 37. Warrant to Commit the Person Withholding. (Id.) The People of the State of New York, to the Sheriff of the County of : Complaint having been made to the undersigned, as follows, to-wit: (Insert a copy of the complaint.) Whereupon, pursuant to the provisions of the stat- 1150 cleek's assistant. ute, being satisfied by the oath of the said complainant ( add " and other tes- timony oflFered," if any such was offered), that the said books and papers (or, either, according to the fact) were withheld as aforesaid, the undersigned granted an order, directing the said , the person so refusing, to show cause before the undersigned, at, etc. ( as in the order ) , why he should not be compelled to deliver the same books and papers (or, either, as the case may be ) , at which place and time so appointed ( or, if at any other time, to whioh the matter was adjourned, so state), upon due proof being made of the service of the said order, the undersigned proceeded to inquire into the cir- cumstances, and the said , having omitted to make the oath pre- scribed by the statute in such case made and provided, and it appearing to the undersigned that the said books and papers (or, either of them, to be de- scribed) are withheld as aforesaid; * now, therefore, you are commanded that you take the said , if he may be found in your bailiwick, and com- mit him to the jail of the said county of , there to remain until he shall deliver the said books and papers {or, either, or such of them as are withheld), or be otherwise discharged according to law. Witness, , justice of the Supreme Court, at the city of , this day of , 19 . . . (L. s.) (Signature.) No. 38. Search Warrant for Such Books or Papers Withheld. (Id.) The People of the State of New York, to the Sheriff of the County of , or to any Constable of any Town in said County: (As in the form above to *.) And the undersigned being required by the said complainant, , to issue this warrant ; now, therefore, you are commanded, in the daytime, to search 's house, situated ( insert a particular designation or description of the said house, and of any other place to be searched ) , for the said books and papers ( or, either of them, as the case may be), so withheld, and all other such books and papers as belonged to the said , as commissioner of highways, as aforesaid, in his official capacity, and which appertain to the said office of commissioner of higJrwaye, and seize and bring them before the undersigned. Witness, , justice of the Supreme Court, at the city of , this . . . . i . day of , 19 . . . (Signature and seal.) No. .39. Receipt by Successor. (Id.) I have this day received from , late of the town of , in the county of , N. Y., , being the balance TOWN LAW. 1151 of town moneys remaining in his hands, as ascertained by the auditors of town accounts. Also vouchers numbered to , both inclusive, in sup- port of his charges for disbursements, said numbers corresponding with the numbers in his cash account, which disbursements amount in the aggregate to dollars, cents. Also two bound account-books, one copy Banks & Bros.' Seventh Edition Re- vised Statutes of New York, and one copy Cothran's Law of Supervisors. Dated, of Town of No. 40. Statement of Accouut and Certificate by Town Board. (Id., § 161.) Statement of the account of , supervisor of the town of . . in the county of Poor fund School moneys. Dog fund Beceipts S500 1,600 150 {8,160 Disburse- ments. (400 1,600 75 81,976 On band. $100 ""75 $1TB COUNTY OF , 1 Town of f The undersigned, a majority of the town board of said town, do hereby cer- tify, pursuant to section 161 of the Town Law, that we have examined the ac- count of , supervisor of said town, and that the same is in all re- specte tme and correct, of which the foregoing is a true statement, and that there is a balance of $175 in the hands of such supervisor belonging to said toMm. Dated, this day of 19. . . Town Clerk. Justices of the Pboce. (In the same manner, as far as applicable, make statement and certificate for every town officer who receives and distributes town money.) 1152 CLEEK S ASSISTANT. No. 41. Certificate of Town Board to Board of Supervisors. (Id., § 162.) COUNTY OF , ) Town of , ) We, the undersigned, a majority of the town board of said town, do hereby certify, pursuant to section 162 of the Town Law, that having convened and organized at the time and place, and in the manner prescribed by section 160 of the Town Law, for the second meeting of the town board, we proceeded to examine, audit accounts, and allow or reject charges, claims, and demands, presented against said town, and the following is a correct statement of the ac- counts so audited and allowed by us wholly, or in part rejected. Names of claimants. Nature of demand. Amount claimed. Items allowdd in part. Items rejected. Amount allowed. Dated, this day of , 19 . . . Supervisor. • ' • ) Town Clerk. Justices of the Peace. No. 42. Kotice of Appeal to Board of Supervisors. (Id., § 163.) To , Town Clerk of the Town of , in the County ol , and , Clerk of the Board of Supervisors of said County: Take notice, that the undersigned, a taxpayer of said town of {or, justice of the peace, or, constable), hereby appeals, pursuant to section 163 of the Town Law, to the board of supervisors of said county, from the au- diting and allowance, by the town board of said town, of the amount claimed by , a justice of the peace of said town, for fees {or, from the re- TOWN LAW. 1153 jection and disallowance by the town board of said town, of my claim for fees) in criminal proceedings, as follows : ( Heie state the claim allowed or disal- lowed. ) Dated, this day of , 10 . . . No. 43. Justice's Account against County in Criminal Hatter. (Id., § 164.) The County of , to , Justice of the Peace of the Town of , in said County, Dr. The People vs , 19 . . . Name of complainant, , who resides at , in said town. OflFense charged was grand larceny. Upon information taken and filed, I issued a warrant for the arrest of de- fendant. Warrant was delivered to , constable of said town. , 19 . . . Defendant was arrested and brought before me. Defendant demanded an examination ( or, as the case may be ) , which was had, and the following witnesses were sworn on such examination, viz. : ( Here name them.) Defendant was held to answer the charge of grand larceny and admitted to bail (as the case may be). To administering oath to complainant 10 cents. Drawing information 25 cents. (In same manner make itemized account of fees.) STATE OF NEW YORK, I \ss. : County of , i Ijeiuir duly sworn, says he is the claimant named in the fore- going claim; that the items of such account, as above set forth, are correct, and that the disbursements and services charged therein have been in fact made or rendered, and that no part thereof has been presented to any preceding board of supervisors for audit or allowance, and that no part thereof has been paid or satisfied. Subscribed and sworn to before me, i this day of 10.. ■ ) Justice of the Peace. 73 1154 clerk's assistant. No. 44. Justice's Account against Town in Criminal Matters. (Id.) The Town of , to Justice of the Peace, residing at , in said Town, Dr. 19... The People v Name of complainant , who resides at , town of Offense charged was breach of the peace and threatening to commit a crime. Upon the information taken and filed, I issued a warrant for arrest of de- fendant. Warrant delivered to , constable of said town. Defendant was arrested and brought before me. On being arraigned and the charge read to him, he pleaded guilty, where- upon I held him to bail in the penal sum of $.'500, to Iceep the peace, and abide the order of the next Co\irt of Sessions, etc. Or, (When prisoner was brought before justice, proceed according to the fact.) Defendant demanded examination, which was had. The following witnesses were sworn on such examination, viz.: A. B., C. D., E. F. Defendant was charged ( or, was fined $10 ) . To administering oath to complainant $0 10 Drawing information 2.5 Filing information 05- Taking depositions of witnesses on application for war- rant, at 25c. For warrant of arrest issued 25> (But no fee for issuing a warrant for assault and battery shall be al- lowed. ) Indorsing warrant from county of Genesee 2.'> Warrant of commitment 2.5 Subpoena 25 Five copies subpoena for services, at 10 cents each 50- Certificate Drawing undertaking of bail 25 Taking two acknowledgments thereto 50 Two days' attendance on hearing or examinations 2 00 Necessary adjournment 25 Venire for jury 25 Swearing five witnesses, at 10 cents 50 Swearing jury 25- Preparing return to appeal (In like manner give each item of claim.) Total of claim TOWN LAW. 1155 STATE OF , 1 County of , ) , being duly sworn, says he is the claimant named in the fore- going claim; that the items of such account, as above set forth, are correct, and that the disbursements and services charged therein have been in fact made or rendered, or necessary to be made or rendered, at this session of the board, and that no part thereof has been presented to any preceding board of audit for audit and allowance, and that no part thereof has been paid or satisfied. Sworn to before me, this i day of 19. . . j Justice of the Peace. No. 45. Form of Account for Services. (Td., § 167.) To the Board of Town Auditors: The undersigned presents the following just and true statement of the na- ture of the services performed by him, and of the time actually and necessarily devoted to the performance of such services on which said amount is predi- cated: The Town of To 19... Dr. To (here give itemized account) . Dated, this day of , 19 . . . l-ss. ; STATE OF NEW YORK, County of , being duly sworn, says, he is the person mentioned as claimant in foregoing account; that the items of such account are correct, and the di 1183 1184 Acknowledgment — Continued. Page. Tennessee forms 83 territorial jurisdiction of officer taking 7, 9 Texas forms 85 trustee 27 under-sheriflF in name of sheriff, Utali forms 86 venue 12 Vermont forms 88 Virginia forms 88 warrant of arrest for witness who fails to obey subpoena to prove execution of convey- ance 31 Washington forms 89 West Virginia forms 90 Wisconsin forms 92 Wyoming forms 9.3 Adjournment undertaking on; justices' , courts 755, 756 Adjudication bankruptcy; debtor is bank- rupt 200 that debtor is not bankrupt, 199 Admeasurement of Dower complaint 578 Administrator ncknowledgment of deed by . . 27 deed by 340 fees of 604 Adoption of Minors 95 citation on proceeding to abro- gate 102 order in proceeding to abro- gate 103 petition for abrogation of, 100, 104 Affray information ; justice's court ... 788 Affidavits 105 auctioneer; foreclosure by ad- vertisement 428 creditor; entitling to redeem property sold by sheriff 353 foreclosure by advertisement affixing by clerk 430 lost bill or note in bankruptcy, 216 publication; foreclosure by ad- \ertisement 427 service of notice; foreclosure by advertisement 429 Agent proof of debt by, in bank- ruptcy 214, 215 Agreements. See Contracts. Page. Agricultural and Horticultural Corporations certificate 482 Alabama acknowledgments of deeds, etc., in 36 deed 356 mortgage 415 Alien affidavit of, to hold real prop- erty 922 Amendment- certificate of acknowledgment, 10 Animals abandoning maimed; informa- tion; justices' courts . . . 801, 802 carrying in cruel manner; in- formation; justices' courts.. 803 cows ; confining in crowded con- dition; information; justices' courts 792 dog fight; information; jus- tices' courts 802 keeping place for; informa- tion ; justices' courts 796 fighting; information; justices' courts 794 injury to; information; jus- tices' courts 793 keeping place for fighting; in- formation; justices' courts. . 793 overdriving; information; jus- tices' courts 794 Annual Election Episcopal church ; notice 500 Annual Meeting membership corporations ; cer- tificate changing time of ... . 469 Annual Report corporations (see also errata facing page 1) 518 directors of plankroad corpora- tion 1012 Answer justices' courts; general denial, 762 plea of title 762 Appeal justices' courts ; notice of 781 money judgment; undertak- ing 782 order of filiation; bond 1050 summary proceedings; bond... 883 notice 884 Appointment notice of 559 INDEX. 118; Appraisal Page, contract for sale of goods to be appraised 314 Appiaiseis bankruptcy; appointment; oath and report 200 Apprentices I0r> commitment for refusing to serve 115 complaint against 114, 115 complaint by, of ill-use 117 complaint of, where money has been paid master 118 complaint of master against . . 121 decision of County Court on complaint of master 122 discharge of, from service. . 116, 118 enlistment in military service, effect 107, n. indenture Ill «rder of County Court on hear- ing of complaint of appren- tice 120 right of master to earnings . . 107, n. summons on complaint of, ill- treatment by 117 summons, complaint of master against 122 undertaking for appearance of master where apprentice complains of cruelty 119 undertaking of father for faithful performance 112 warrant for arrest of 114 Arbitration award 131 bond 128 fees of arbitrators 597 judgment; where to be entered on award 128 forms in New York 123 notice, of appointment of arbi- trators 128 of hearing 129 of revocation 130 oath of arbitrators 129 revocation of submission 130 short form of submission 127 submission, general 127 special 127 Arizona acknowledgments of deeds, etc., in 38 deed 3.56 mortgage 415 Arkansas acknowledgments of deeds, etc., in 40 Y5 Arkansas — Continued. Page. deed 357 mortgage 415 Arrest affidavit; justices' courts 733 apprentice; warrant 114 bail, justices' courts 738 without warrant ; justices' courts; information 831 justices' courts ; surety to keep the peace ; warrant 784 nonpayment of money col- • lected; warrant; justices' courts 734 trespass to personal property; justices' courts ; warrant . . . 734 undertaking; justices' courts. . 737 warrant for witness who fails to obey subpoena to prove execution of conveyance .... 31 witness ; delinquent ; county laws '. 540 Arson information ; justices' courts . . 789 Assault collision; justices' courts; war- rant 820 dangerous weapon ; informa- tion ; justices' courts 798 justices' courts; information. . 791 on child; information; justices' courts 791 on officer; information; jus- tices' courts 792 on woman; information; jus- tices' courts 791 with firearms ; information ; justices' courts 790 ^^■ith intent to kill; informa- tion ; justices' courts 790 with intent to kill or commit felony ; justices' courts ; warrant 823, 824 Assault and Battery justices' courts; warrant 817 information; justices' courts.. 790 Assessors fees of 597 Assignments 134 account 140 bond and mortgage 144, 145 as collateral security 145 with a guaranty of collection on payment 144 consideration 134, n. contract as collateral security, 145 contract of sale 139 1186 INDEX. Assignments — Continued. Page. copyright 140, 141 debt 139 dower 577 insurance policy 137 consent of company 138 interest of insured 714 judgment 142 justice's judgment 143 lease 862 mortgage . > 143 lease 136 patent 955, 956 application for 955 before issuance 958 patent right 138 patent ; territorial 959, 960 sheriff's certificate of sale. . . . 352 what is assignable 134, n. what constitutes 134, n. Assignments for the Benefit of Creditors introduction and notes 146 forms relating to 150 affidavit and order to deliver papers to referee 164 bond of assignee 155 citation, for assignee 156 on accounting 162 final account 157 final decree on accounting .... 171 inventory 153 order, for citation 161 of reference on accounting. . 163 petition, for citation 159 that assignee render account, 156 report of referee on accounting, 165 Attachment against witness, entry of, by clerk 306 justices' courts ; affidavit 741 bond to be given by claimant of goods 747 constable's return 747 defendant's undertaking .... 746 plaintiff's undertaking 744 summons and warrant 741 witness; subpoena to compel attendance 735 Attorneys fees of 597 liability for making error in abstract of title 3, n. proof of debt by, in bank- ruptcy ; 214, 215 Attorney in Fact bankruptcy; general letter of. . 205 letter of; special; bankruptcy, 206 Auctions Page, bankruptcy; petition and sale of real estate 219 introduction and remarks on New York statutes 173 list of forms 174 Auctioneers affidavit, on foreclosure by ad- vertisement 428' bond of 174 certificate of port-wardens of goods damaged at sea 176 contract upon sale of land by. . 314 terms of sale by 177, 178 Award arbitration 131 B. Bail certificate, of admission to ; jus- tices' courts 83 1 denying application for, jus- tices' courts 831 defendant's appearance ; jus- tices' courts 832 Bankruptcy list of forms 178 account of trustee 225 adjudication, of bankruptcy . . . 200 that debtor is not bankrupt, 190 affidavit of lost bill or note. . . . 216 application for confirmation of composition 232 appointment, of trustee by creditors 206 of trustee by referee 207 of appraisers ; appointment, oath and report 200 bankrupt's petition for dis- charge 229 bond, of marshal 198 of petitioning creditor 198 of referee 203 of trustee 20ff • certificate by referee to judge . . 220 creditor's petition 194 debtor's petition 179 debts proved at first meeting; list of 204 denial of bankruptcy 196 discharge of bankrupt 231 exempt property trustee's re- port of '. 223 jury trial ; order for 196 letter of attorney in fact; general 20.'> special 20ft INDEX. 11^7 Bankruptcy — Continued. Page, list of claims and dividends . . . 218 list of debts proved at first meeting 204 notice, of dividend 219 of first meeting of creditors, 204 to trustee of his appoint- ment 208 of petition for removal of trustee 227 oath of trustee to final ac- count 226 order, allowing account and dis- charge of trustee 226 appraising trustee's bond .... 209 confirming composition 233 choice of new trustee 228 distribution on composition.. 233 for examination of bankrupt, 210 examination of witness 210 expunging claim 217 for jur\- trial 196 reducing claim 217 of reference 202 removal of trustee 228 to show cause on creditor's petition 195 that no trustee be appointed, 209 partnership petition 192 petition and order, for sale by auction of real estate for redemption of property from lien for private sale of property, for sale of property subject to lien 221 for sale of perishable prop- erty 222 petition ; discharge 229 meeting to consider composi- tion 231 removal of trustee 227 proof of debt, by agent or at- torney 214, 215 due partnership 213 due corporation 213 proof of secured debt 212 by agent 215 proof of unsecured debt 211 referee's oath of office 203 special warrant to marshal . . . 197 specification of grounds of op- position to discharge 231 subpoena to bankrupt 195 summons to witness 210 trustee's report of exempt property 223 trustee's return " no assets " . . 224 witness; order for examination of 210 219 220 222 Banks p^^gg list of forms 234 affidavit of president or cashier to statement of dividends or deposits 240 bond to be given by individual banker upon withdrawal of securities 237 certificate, of incorporation un- der New York laws 234 of individual banker 230 national, proxy 241 oath, of inspector of election . . 240 to proxy when challenged . . 240 power of attorney, to receive dividends 241 to transfer stock in 238 proxy to vote at election of directors 239 transfer of stock in 2.39 Bar Association certificate of incorporation .... 478 Bastardy affidavit of mother 1052 application in 1050, 1051 bond, on adjournment 1054 of putative father 1053 discharge of putative father. . 1054 indorsement of warrant where reputed father in another county 1053 order to compel mother to pay support of child 1060 process to compel attendance of mother before justice .... 1059 subpoena 1055 on appeal 1064 summons where mother has property in her own right. . . 1060 undertaking by mother to ap- pear at court 1061 warrant, against reputed father, 1051 1052 for discharge of putative father 1065 to commit mother, for not executing bond 1061 who refuses to disclose n name of father 1058 Begging chUd ; information against .... 1042 warrant against 1043, 1044 justices' courts; information. . 801 Bigamy justices' courts; information.. 798 warrant 828 1188 INDEX. Bills and Notes Page. list of forms 240 certifieate of protest 250, 251 negotiable instruments law . . . 241 Bills of Exchange 246, 247 list of forms 246 notice of protest 249, 250 Bills of Lading introduction 251 list of forms 252 maritime 252 railroad 254, 255 Bills of Sale 259 introduction ; list of forms .... 259 registered or enrolled vessel, 260, 261 Boards of Health introduction; list of forms . . . 262 birth return 262 burial permit 266 certificate of marriage 263 complaint of nuisance 270 death certificate 265 notice, to abate nuisance 271 of hearing on complaint of nuisance 271 of imposition of penalty for maintaining nuisance -. . . . 271 return of still-birth 269 transit permit for corpse. . 267, 268 Board of Trade certificate of incorporation.... 481 Bonds introduction 272 list of forms 273 bankruptcy of petitioning cred- itor 198 arbitration 128 assignee 155 auctioneer 174 bottomry 283 constable 286 corporation, manufacturing; mortgage to secure 386 performance of contract 283 indemnity, on paying lost note, 282 to sheriff or constable 282 to a surety 281 insurance clause 275 interest and tax clauses . . . 276, 277 interest, insurance, and tax clauses 278 interest, insurance, tax, water rate, and assessment clauses, 279 libelant of vessel 288 marshal, in bankruptcy 198 order of filiation 1056 payment of money at different times 280 Bonds — Continued. Page. receiver 287 referee in bankruptcy 203 respondentia 284 secured by mortgage of rail- road corporation 398 to execute conveyance 280 to refund legacy in certain events 281 treasurer of company, society, etc 286 trustee in bankruptcy 208 Bond and Mortgage assignment of 143, 144 as collateral security 145 Bottomy Bond 283 Breach of Peace justices' courts; information.. 799 Bridges complaint that toll bridge is unsafe 645 Bridge Corporation certificate 446 Brokers fees of 597 Building Contract 315 Burglary justices' courts; information. . 800 Burial Permit board of health 266 Business Corporation amended or supplemental cer- tificate ' 438 by-laws 514 certificate of 434 payment of amount with which corporation begins business 520 By-Laws corporations 514 notice of meeting to adopt . . 454 C. California acknowledgments of deeds, etc., in 43 deed 357 mortgage 415 Canada petition for patent 952 Capital Stock certificate of payment of; cor- porations 519 Cemetery Corporation certificate 470 INDEX. 11S9 Certificate Page. copy of record on file 300 by clerk, of official character. . 300 county clerk to acknowledg- ment or proof of execution of conveyance to be used in another county or State .... 308 marriage, return to board of health 263 port-warden as to damage of goods at sea 176 referee in bankruptcy to judjre. 229 sale by sheriff 352 stock ; corporations 519 Chattel Mortgage 291 introduction and remarks on New York statute as to fil- ing, etc 280 list of forms 291 notice of sale under 295 renewal 294 to secure indorser 294 to secure money demand 292 to secure note 293 to secure surety on a lease .... 294 Child killing unborn quick child; in- forxuation; justices' courts.. 804 Chose in Action assignment of 139 Christian Association certificate of incorporation ... 477 Church Corpoiations changing qualification of vot- ers, wardens, and vestrymen of Episcopal church 502 general form of certificate of incorporation 486 See Religious Corporations. Citation proceeding to abrogate adop- tion 102 See also Assignments for Bene- fit of Creditors; Wills; Pro- bate. Clerks fees in civil actions generally, 598 Clerks and Criers introduction 295 list of forms 297 address, on taking recognizance, 306 to prisoner before calling jury 303 adjournment of court 301 arraignment of party indicted, 307 attachment against witness' entry 306 Clerks and Criers — Continued. Pago, bail to produce principal, proc- lamation 300 calling petit jury :!00 certificate, of copy of record. . 309 of county clerk to acknowl- edgment or proof of execu- tion of conveyance in an- other county or State, etc., .'?03 of official character 309 defendant on inquest; procla- mation .SOI discharge, from custody of sher- iff 300 of persons against whom no bills found 300 fines, imposing; proclamation, 299 grand jury, charging; procla- mation for silence '209 proclamation before calling. . 2ns notice to be printed of drawing a jury 309, 310 oath of constables, to keep jury on adjournment 303 on retiring of jury to con- sider verdict 303 on retiring with jurors on leave 303 oath on application, to dis- charge juror or constable. . 303 for remission of fine of juror or constable 304 oath, to interpreter 302 to a deaf and dumb witness, 302 to foreman of grand jury . . 299 of petit jury, civil causes. . . 300 of juror, criminal case 30.'5 on trial for misdemeanor. . 306 of n party or interested wit- ness preliminary to prov- ing hand\\riting of sub- scribing witness 303 of party or witness as to loss or destruction of paper . . . 302 of triers 301 to witness in civil action . . . 302 to witness on a challenge 'of juror 302 of poor witness on applica- tion for expenses 304 of witness on trial for felony, 30.> on trial for misdemeanor. . 30G on voire dire 302 opening court after adjourn- ment - 301 proclamation, on opening co\irt, 2ns for arraignment of prisoner^, 304 to plaintiff to appear and prosecute 301 for persons bound to answer, 290 1190 INDEX. Clerks and Criers — Continuecl. Page, proclamation, for jury in civil cause 300 before calling jury on trial for misdemeanor 305 for calling petit jury in crim- inal cases 304 on swearing juror 304 witness to answer subpoena, 301 for witness under recogniz- ance to appear and testify, 305 polling jury 307 in civil action 308 proclamation before sentence pronounced 305 recognizances; proclamation for persons to appear on .... 299 return of 298 sheriflf to return process 298 verdict, in civil ease 307 in capital case 307 entry of 308 Clerk of Board of Supervisors fees of 600 Clerk of Court of Appeals fees of 598 Clerk of Criminal Court fees of 600 Clerk of Polls fees of 598 Collector school district, fees of 609 Colorado acknowledgments of deeds, etc., in 44 deed 357 mortgage 416 Commission affidavit for ; justices' courts . . 766 interrogatories ; justices' courts 766, 767 justices' courts 766 notice for ; justices' courts .... 765 oath of witness ; justices' courts 767 summons for witness; justices' court 767 Commissioners fees of 597 of highways ; fees of 601 in partition and admeasure- ment of dower ; fees of 601 school, oath of 1091 to take testimony in justices' courts ; fees of 601 Commissioners of Deeds fees of 600 taking acknowledgment 7 Commissioners of Loan Page. United States deposit fund; fees of 601 Commitment justices' courts 833, 834 Complaint against apprentice 114, 115 by apprentice of ill-use by mas- ter 117 of apprentice where money has been paid master 118 of master against apprentice.. 121 justices' court ; goods sold .... 760 justices' court; breach of war- ranty 761 homestead; asking sale of .... 698 justices' courts; injury to real property 761 injury to personal property, 761 against maker of note 759 rent 760 for a search warrant. . . . 842, 843 work, labor, and services. . . . 760 verified 758 Composition agreement between debtor and creditor 574 application for confirmation of, in bankruptcy 232 order confirming, in bank- ruptcy 233 order of distribution on con- firming, in bankruptcy 233 petition for meeting to con- sider, in bankruptcy 231 Confession of Judgment justices' courts 772 Connecticut acknowledgment of deeds, etc., in 45 deed 357 mortgage 416 Consent to assignment of policy of in- surance 138 Constables bond of 286 bond of indemnity to 282 fees of 601 removal of : justices' courts ... 778 sale by; justices' courts 781 advertisement ; justices' court 777 See also Return. Contempt criminal; justices' courts; war- rant 778 justices' courts ; commitment . . 779 INDEX. 1191 Contracts Page. introduction 310 list of forms 311 building 315 convey real estate 312, 313 engraving cuts for a book .... 318 freight, of a ship 317 land 311 making flour barrels 322 marriage, under Domestic Rela- tions Law 706 partnership 318 continuation of 319 party-wall agreement 321 revising second edition of book, 320 sale of goods to be appraised. . 314 sale of land at auction 314 sale of manuscript and copy- right of book 320 sale of real estate; assignment of 139 sale of shares in corporation. . 322 sale of wheat 324 sale and delivery of wood 322 school teacher 1090 services 323 subscription to build church. . 323 Conveyances by deed and mortgage; intro- duction 324 list of forms 326 bond to execute 280 deed of patent right 954 See also Acknowledgments, and titles of various States and Territories. Copartnership. See Partnership. Copyright assignment of, for one edition, 140 assignment of entire 141 Coroners introduction 523 list of forms 526 appointment of coroner's phy- sician 526 attachment against witness . . . 527 fees of 603 oath to the foreman of core- Coroners — Continued. Page, inquisition; suicide by cutting throat 531 person killed while resisting officer 531 suicide by drowning 531 interpreter ; oath of 533 oath to witness 533 return to attachment against witness 527 statement of coroner to board of supervisors 534 subpcena to witness 527 testimony taken on examina- tion 533 warrant of arrest of party charged with crime 532 warrant to commit prisoner. . . 534 Corporations introduction 431 classification of 431 list of forms 433 acknowledgment by, of deed, etc 13 annual report (see errata fac- ing first page) 518 bank; certificate of 234 bridge, certificate 446 by-laws 514 certificate; amended or supple- mental 438 of business corporation 434 of changing of place of busi- ness 453 for extension of line for tele- phone or telegraph com- ner s jury 527 oath to jury 528 oath to witness 528 inquisition ; accidental drown- ing 530 where one hangs himself 529 on body of infant found dead, 532 of murder 528, 529 natural cause of death 530 poisoning 530 pany 456 for full payment of capital stock by 456 of increasing or reduction of capital stock 450 increasing or reducing the number of directors 451 of inspectors of election 517 of payment of amount with which corporation begins business 520 of payment of capital stock, 519 of reorganization 448 of reorganization upon sale of corporation property and franchises (see errata fac- ing page 1 ) 447 of stock 519 contract for sale of shares in. . 322 deed by 351 ferry ; certificate of 438 affidavit of payment of one- half of capital stock 439 form of consent to extend cor- poration existence 454 1192 INDEX. Coiporations — Continued. Page, gas or electric light certificate, 443 inspector's oath 522 membership; New York stat- ute 457 mortgage to secure bond issue of manufacturing 386 mortgage to secure bond issue of railroad 389 notice of meeting to adopt by- laws 454 oath of inspectors of election. . 518 oath to proxy 523 oath of stockholder at election, 522 pipe-line 442 plankroad ; certificate 446 power of attorney to transfer stock 521 proof of debt due in bank- ruptcy 213 proxy 520 stage-coach 441 telegraph or telephone; certifi- cate 446 tramway ; certificate 441 transfer of stock 522 turnpike, plankroad, bridge ; certificate 446 water works ; certificate 443 Costs foreclosure and sale by adver- tisement 430 See Fees of Officers. County Clerks account of fees of 561 fees of 598 statement of, to supervisors. . . 561 County Judges fees of 603 County Laws list of forms 535 account against county 538 account of fees of county clerk, 561 afiidavit of default of witness to appear 539 affidavit of service of subpoena, 539 annual statement of supervis- ors 547 application for alteration or erection of town 543 application for appropriation of nonresident highway taxes . . 553 application to fenceviewers to inquire as to killing of sheep, 555 application to establish dis- puted lines 545 application for a county high- way or bridge , 550 County Laws — Continued. Page.. apportionment of expense of bridge 552 authorization to construct bridge outside of boundary line 552 calendar of criminal court .... 555 daily record of peiaons commit- ted to county jail 554 designation of bank by county treasurer 558 general form of resolution of supervisors 537 notice of application to estab- lish town lines 544 notice of corporations 560 notice of election or appoint- ment 559 notice of neglect to file oath of office 560 notice of qualifying officers ... 560 notice to secretary of state of designation of official paper.. 537 notice of submission to electors, 543 notice of vacancy 559 petition to change location of county buildings 541 petition to establish fire dis- trict outside incorporated city 546 proof of publication of petition to change county buildings . . 541 report of district attorney .... 563 resolution authorizing issuance of obligation 536 resolution to lay out county highway 551 resolution submitting proposi- tion to vote of electors 542' statement of county clerk to supervisors 561 statement of county treasurer, 557 statement of county trea.surer to comptroller ; 557 statement of Indebtedness and valuation : 549' statement of railroad, tele- graph, telephone, and electric light taxes 550 subpoena by board of supervis- ors 53 subpoena by committee 539 undertaking upon arrest 540 undertaking of county clerk.. S.'iS undertaking of county treas- urer 55(i undertaking of depositary of treasurer 5.iS undertaking of district attor- ney , 503. INDEX. 1193 County Laws — Continued. Page. undertaking of sheriff 562 undertaking of superintendent of poor 564 undertaking of surrogate 564 warrant for arrest of delin- quent witness 540 County Treasurer fees of 604 undertaking of 1163 Court of Special Sessions fees of clerk 604 Covenants introduction 565 list of forms 566 incumbrances against 567 further assurance 568 general forms 566, 567 keep building insured 572 pay rent and charges 572 mortgage ; power to sell 572 mutual and dependent 571 partition deed 570 quiet enjoyment 569, 570 seizin free from incumbrance, and that grantor has good right to convey 567, 568 special guardian 570 tenant for life 570 warranty 568 what run with land 565 Criers court, fees of 604 See Clerks and Criers. Cruelty to Animals justices' court; warrant 820 Cutting Timber justices' courts ; warrant 829 D. Deaf and Dumb witness ; oath of interpreter . . . 302 Death certificate of, returned to board of health 265 Debt assignment of 139 Debtor and Creditor introduction 572 list of forms 573 affidavit to entitle creditor to redeem property sold by sher- iff 353 composition agreement with creditors 574 letter of license to an embar- rassed debtor 573 Decree Page. appointing guardian 6:5() Dedication land for highways 668 Deeds homestead exemption clause . . 696 of patent right 954 see Conveyances by Deed and Mortgage 324 see titles of various States and Territories. Delaware acknowledgments of deeds, etc., in 46 deed 358 mortgage 416 Demurrer justices' courts 763^ Deposition justices' courts ; caption 767 notice for commission 76.'> Directors certificate increasing or reduc- ing the number of 451 supplemental certificate chang- ing number in membership corporation 467 Discharge of apprentice from service, 116, lis Disorderly Child information ; justices' court . . . 79-'> Disorderly House information; justices' court... 79.'> justices' courts ; warrant 829 Disorderly Person affidavit for 1045 conviction and commitment... 104!* warrant for Wi'y District of Columbia acknowledgments of deeds, etc., in 47 deed 358 mortgage 416 Distribution order of, on confirming compo- sition in bankruptcy 23:? District Attorney report of 5(1:! undertaking of 563 Dividends list of claims and, in bank- ruptcy 2 1 '; notice of, in bankruptcy 219 power of attorney to receive. . :24l 1194 INDEX. Dog Fight Page. information ; justices' courts . . 802 information for permitting; justices' courts 794, 796 Domestic Commerce Law auctions 173 Domestic Relations Law adoption of minors in New York 95 See Husband and Wife. Dower introduction 576 list of forms , 576 admeasurement of; complaint, 578 assignment of 577 interlocutory judgment that dower be admeasured and commissioners appointed . . . 579 jointure in place of 705 notice by heir to widow to de- mand dower 578 notice to confirm report of com- missioners appointed to ad- measure 581 oath of commissioners ap- pointed to admeasure 580 order confirming commission- ers' report of admeasurement, 581 petition for appointment of guardian 578 release of 354 release of dower indorsed on deed 577 release of dower to heir 576 report of commissioners to ad- measure 580 Draft sight 249 Due Bill 248 E. Easement deed of right of way 353 Election corporations; certificate of in- spectors 517 corpoiation ; oath of inspectors, 518 corporations; oath of stock- holder 522 notice of 559 Electric Light Corporation certificate 443 Embezzlement justices' courts; information.. 796 England acknowledgments of deeds, etc., in 93 Episcopal Church Page. certificate changing date of an- nual election, etc., of vestry- men, churchwardens 501 certificate changing qualifica- tion of voters, wardens, and vestrymen 502 certificate of incorporation. . . . 489 changing number of vestrymen; certificate 500 notice of annual election 500 notice of meeting for incorpora- tion of 489 Erasures and Interlineations to be noted before acknowledg- ment of deed, etc 10 Evidence effect of acknowledgment of in- strument 6 Exchange bills of 246 Excise Law 582 Execution against person; justices' eovirts, 770 against property ; justices' courts 775 justices' courts ; indorsement on, all debtors not served .... 776 renewal of ; justices' courts .... 776 Executors and Administrators acknowledgment of deed by . . . 27 deed by 338, 339 fees of 604 oath of 1181 Exemption homestead; waiver 697 Extradition introduction 582 list of forms 583 agent's authority 595 international ; complaint 589 release of prisoner in inter- state extradition 592 requisition 594 requisition to governor to apply to president to make demand, 590 requisition of governor to presi- dent to make demand 591 warrant 594 F. False Imprisonment justices' courts ; warrant 826 False Pretense justices' courts; information.. 796 INDEX. 1195 Page. . 596 Tees of Officers Tekny information; Justices' court. . . 788 statutory; information; jus- tices' courts 797 Fences notice to remove 684 Jenceviewers introduction 616 list of forms 610 apportionment of division fence by owners 617 appraisement of damages for omission to build fence 624 appraisement where party neg- lects to repair fence. . . . 621, 622 oertificate of apportionment of division fence 619 certificate of, on inclosintr lands 618 decision of, when title trans- ferred •■■• 619 determination that division fence may be removed '322 fees of 605 notice to build or repair divi- sion fence 620 notice to build fence destroyed by accident 620, 621 notice of intention to inclose lands 617, 618 notice that owner intends to let lands lie open 617 notice where party wishes to let lands lie open 622 notice to select 623 notice of strays for town clerk, 624 notice of sale of strays 625 determination as to damages by strays 625 notice of meeting of two own- ers *>2''5 subpoena by 623 Ferries introduction 626 list of forms 627 application for a license by owner of land where situ- ated 628 application by person not own- ing land 628, 693 application for, by owner of land .-• 694 application for license; notice to owner of lands 693 notice to owner of lands of ap- plication for a license 627 Ferries — Continued. Page. proof of service of notice of ap- plication for license 627 license for 029, 695 license; clerk's certificate on copy 695 proof of service of notice for license 694 undertaking of applicant for license 629 undertaking by licensee 695 Ferry Corporation certificate 438 affidavit of payment of half of capital stock 439 Fighting warrant against; justice's court; information 810 Filiation appeal bond 1056 bond 1056 notice of appeal 1064 order of . . 1055 order of commitment 1057 order of, in absence of reputed father 1058 order of ; reducing or increas- ing amount; notice 1062 reducing sum in; order of . . . . 1063 Fire Insurance. See Insurance. Fire Corporation certificate 473 Florida acknowledgment of deeds, etc., in 48 deed 358 mortgage 416 Foreclosure referee's deed 344 Foreclosure by advertisement. . . 425 affidavit of publication 427 altidavit of foreclosure, notice on courthouse door 428 affidavit of affixin^,- by clerk.. 430 affidavit of service of notice. . 429 auctioneer's affidavit 428 and costs 430 notice of sale 426 notice of sale when mortgage assigned 427 Forgery justices' courts; information.. 798 Fortune Teller disorderly person ; affidavit for 1046 1196 INDEX. 6. Gambling Page. apparatus ; seizure ; justices' courts ; warrant 821 information ; justices' courts . . 803 Gas Coiporation certificate 443 Georgia acknowledgments of deeds, etc., in 50 deed 358 mortgage 416 Gifts 630 Grand Jury oath of 299 Grand Larceny justices' courts ; warrant 817 Greek Cliurch certificate of incorporation .... 490 Guaranty introduction 631 list of forms 631 bank; payment of cheeks, notes, etc 633 indorsed on lease 632 payment of debt; extension of credit ._ 631 payment of debt in suit 632 payment of note 249 payment of note or bond 632 performance of contract 633 Guardian appointment of, by will 1173 deed by 343 petition for appointment of; admeasurement of dower . . . 578 special ; covenant by 570 Guardian ad Litem justices' courts; consent and appointment of; infant plain- tiff 753 justices' courts; consent and appointment of; infant de- fendant 754 Guardian and Ward introduction 633 list of forms 634 affidavit as to property 635 consent of guardian to be ap- pointed 635 decree appointing guardian... 636 petition of infant over fourteen for appointment of guardian, 634 petition where infant is under fourteen years 636 H. Habitual Drunkard Page, complaint against 1031 Health boards of 262 See Boards of Health. Highways 637 list of forms 637 abandoned; description 684 acceptance of appointment by overseer 642 account with verification and certificate of highway com- missioner 644 affidavit for order to build bridge 692 affidavit of posting and service of notice of meeting of com- missioners 676 affidavit of service of notice of laying out private road 686 appeal by non-resident from assessment 65.5 application to lay out highway, 671 application to lay out highway on town line 683 application to alter highway . . 672 application to discontinue high- way 673 application for a private road . . 685 application for ferry by owner of land 694 application for ferry by person not owning land 69.3 application for vote to change system of erecting highways, 659 application to lay water pipes in highway 645 application to expend highway tax for sidewalks .• . . 657 application for commissioners.. 674 appointment of commissioners; notice 675 appointment of overseer of highways 641 assessment by overseer of per- sons left out of list 6:').'> assignment to be indorsed on back of certificate in case of transfer 6.i8 authority to spend highway tax for sidewalk 658 clerk's certificate on copy of ferry license 69") certificate of anticipation .... 65R certificate of commissioners in favor of applicant 077 certificate of commissioners de- nying application 678 INDEX. IIO* Bighways — Continued. Page. certificate of county court to lay out highway through orchard 680 certificate laying out private road 688 certificate of supervisor and town clerk 643 commissioner's assessment of highway labor 651 commissioner's certificate to su- pervisor 667 commissioner's list of non- resi- dent land 651 -commissioner's order laying out highway 682 commissioner's refusal to build bridge 690 commissioner's report of first meeting of town board 646 commissioner's report of second meeting of town board .... 647 complaint that toll bridge is unsafe 645 complaint to commissioner against overseer 649 consent of town board to ex- traordinary repairs of high- way or bridge 642 consent of town board to lay out or alter highway 669 consent to rebuild or repair bridge 689 dedication of land and release of damages 668 laying out highway pursuant to certificate of commission- ers 679 license tor a ferry 695 notice to agent of non-resident, 659 notice of appointment of over- seer 641 notice of application for addi- tional appropriation 642 notice by owner or agent of ap- peal to commissioners 656 notice to corporation to be served or filed 659 notice of meeting of commis- sioners 676 notice to commissioners of ad- joining towns as to rebuild- ing bridge 689 notice of motion to confirm commissioner's certificate . . . 678 notice of motion to vacate or modify decision 678 aiotice of motion to compel com- missioners to repair or re- build bridge 691 Highways — Continued. notice to non-resident to be filed with town clerk 060 notice to occupant to cut weeds, brusli, and briars .... 6(iU notice to owner of lands of ap- plication for ferry license .... 693 notice to owners of toll bridge, 645 notice to owner and occupant of laying out private road . . . 686 notice to remove fences 684 notice to remove fallen trees . . 685 notice to remove obstruction . . 048 notice to remove obstruction or encroachment 685 oath to be administered by commissioner to witness .... 676 oath to jury proceeding to lay out private road 687 order ascertaining and describ- ing road 640 order of commissioners laying out highway on town line . . . 683 order dividing town into road districts 640, 641 order of commissioners for trees and sidewalk 656 order laying out highway on release from owners 668 order laying out or altering highway Avith consent of town board 670 order appointing commission- ers 675 order confirming or modifying decision on commissioner's certificate 679 order of county court to lay out 681 order of appellate division .... 681 order of court to rebuild bridge, 692 overseer's annual account, 662, 664 overseer's list of persons liable to highway labor fifiO overseer's report to commis- sioner of amount expended cutting weeds 667 overseer's return to supervisor, 660 061 owner's consent to laying out of highway through orchard, 680 permission to lay and maintain water pipes in highway 646 petition of freeholders to com- missioners to repair bridge . . 690 proof of service of notice for ferry license 694 release of damages by owner of land 671 1198 INDEX. Highways — Continued. Page. request for special session of town board to audit expense, 643 road warrant 652 security to be given by com- plainant to indemnify town . . 648 statement to supervisor of ex- pense of bridge 688 subpoena by commissioners .... 675 summons for jury on proceed- ing to lay out private road . . 687 town clerk's certificate of tran- script 643 undertaking by person securing ferry license 695 undertaking of treasurer of highway commissioners .... 639 verdict of jury proceeding to lay out private road 687 verified statement of cause of action 646 Hired Chattels selling; justices' c;)urt; infor- mation 815, 816 Homesteads 696 list of forms 696 acknowledgment annexed to designation 697 complaint asking sale of 698 exemption clause in a deed .... 696 notice of designation 697 waiver of exemption 697 Hospital Corporations certificate 476 Husband and Wife introduction 699 list of forms 699 antenuptial agreement 701 contract of marriage 706 jointure in place of dower . . . 705 marriage certificate 699 oath of witness identifying par- ties married 700 release of dower 354 separation between 702 I. Idaho acknowledgments of deeds, etc., in 51 deed 358 mortgage 416 Identity of grantor acknowledging deed, etc 8 Illinois acknowledgments of deeds, etc., in 53 Illinois — Continued. deed 35? mortgage 416- Incompetent Persons deed by committee of lunatic. 350 Indemnity bond to sheriff or constable . . . 282 Indenture apprentices Ill Indiana acknowledgments of deeds, etc., in 54 deed 359 mortgage 417 Indian Territory acknowledgments of deeds, etc., in 54 deed 359 Individual Banker bond to be given upon with- drawal of securities 237 certificate of 236 Indorser chattel mortgage to secure, on note 294 Inspectors of Election fees of 605^ Insurance introduction 707 list of forms 708 additional clauses in policy, 717, 718 additional proof of value 720 application for fire policy 709 assignment of policy 137 assignment of interest of in- sured 714 certificate of notary public or justice of the peace as to loss 721 consent of company to assign- ment of interest 715- consent of company to assign- ment of policy 138 marine; certificate of president as to insurance of goods dam- aged at sea 176 notice of loss by fire 720 proof of loss 720 proof of loss where property for sale on commission 721 permit for repairs 719 permit for use of gasoline or~ vapor stove 716 permit to use kerosene oil stove "17 receipt for cancellation 71S INDEX. 119'J Insurance — Continued. Page. reinsurance 719 standard agency renewal in New York 719 standard lightning clause in New York 717 standard mortgagee clause in New Y'ork 715 standard policy in New York. . 710 interpreter oath of ; before coroner 533 Iowa acknowledgments of deeds, etc., in 55 deed 360 mortgage 417 Jointure in place of dower 705 Judgment assignment of 142 certificate of clerk of satisfac- tion 35 confession of; justices' courts, 772 interlocutory, that dower be admeasured 579 release of land from 1083 satisfaction-piece 34 transcript of; justices' courts, 774 justices' courts ; defendant liable to rest 774 Jurors fees of 605 oath of; justice^ court 771 oaths of, etc. See Clerks and Criers. summons against defaulting ; justices' courts 768 Jury coroners ; oath of 528 oath to foreman 527 summons; justices' courts . . . 769 Jury Notice to be printed 309, 310 Jury Trial order for, in bankruptcy 196 Justices' Courts in New York 722 list of forms 726 abandoning maimed creature; information 801, 802 affidavit that justice is mate- rial witness 772 affidavit and order for attend- ance of witnesses 844 Justices' Courts — Continued. Page, affidavit to obtain discharge from jail of person not hav- ing family 777 affidavit to obtain discharge from jail of person having family 777 affidavit for attachment 741 affidavit of service of subpoena, 764 affidavit for commission 766 affray ; information 788 aiding dog fight; information, 802 answer ; general denial 762 plea of title 762 appeal ; undertaking ; money judgment '. 782 arrest ; affidavit 733 warrant ; nonpayment of money collected 734 summons and order 735 bail 738 without warrant ; informa- tion 831 Sunday or at night 820 arson ; information 789 assault ; dangerous weapon ; information 798 assault on child; information, 791 assault with intent to kill; in- formation 790 assault with firearms; infor- mation 790 assault with intent to ravish women ; information 791 assault on officer ; information, 792 assault; collision; warrant... 826 assault with intent to kill or commit felony; warrant, 823, 824 assault and battery; informa- tion 790 warrant 817 assignment of judgmen' of jus- tice '. 143 attachment: bond to be given ■ bv olairnant of goods.... 747 constable's return 747 plaintiff's undertaking .... 744 proof of service of summons and warrant 743 witness : subpoena to compel attendance 735 attachment against defaulting witness 764 authentication by justice of statement made by prisoner, 834 bail for defendant's appear- ance 832 bail; order for, on commitment to grand jury 83ft bigamy ; information 79S warrant 82ft 1200 INDEX. Justices' Courts — Continued. Page, bond to detain canal-boat on State canal 757 breach of the peace; informa- tion 799 burglary and larceny; infor- mation 800 carrying animals in cruel man- ner ; information 803 certificate of admission to bail, 831 certificate ; denying applica- tion to bail 831 certificate of bail 838 certificate of conviction and commitment 845 certificate of conviction added to copy delivered to officer. . 84(5 ■certificate of conviction and commitment to penitentiary, 846 commission 766 interrogatories annexed to, 706 summons for witness 767 oath of witness 767 commitment 833 commitment, indorsement of ; offense not bailable 837 commitment where crime not bailable or bail not taken. . 839 commitment of witness neg- lecting to give security for appearance 841 complaint against maker of note 759 complaint for work, labor and services 760 complaint for rent 760 ■complaint; goods sold 760 against common carrier for loss of goods 760 injury to personal property, 761 injury to real property. . . . 761 breach of warranty 761 verified 758 and examination ; applica- tion for surety for the peace 783 -confession of judgment 772 confining cows in crowded con- dition; information 792 contempt; commitment for... 779 constable's oath on retiring with witness 771 constable's sale 781 constable ; ■ moval of 778 conviction; record of 845 criminal contempt; record of conviction 779 warrant 778 criminal ; venire 844 ■cruelty to animals ; warrant . . 820 Justices' Courts — Continued. Page. cutting timber ; warrant 82!) defaulting witness or juror; fine ; e.xeeution 769 defaulting witness or juror; minutes of conviction 768 defendant's undertaking on ad- ">iiM, nr, 739 defendant's undertaking on at- tachment 746 deposition ; notice for commis- sion 765 caption 767 demurrer 763 discharge 785 disorderly child; information, 795 disorderly house; information, 795 warrant 829 embezzlement ; information , . 796 indorsement on commitment of prisoner 836 indorsement upon discharge of prisoner 836 indorsement upon warrant to be executed in another county 830 indorsement when prisoner be- lieved to be guilty 836 indorsement; prisoner believed to be guilty; crime not bail- able 837 indorsement of waiver of ex- amination 834 indorsement when bail taken . . 837 indorsement ; prisoner admitted to bail, but bail not taken . . . 837 execution against the person. . 776 execution against property. . . 775 execution ; indorsement on, against joint debtors not all served 776 renewal of 776 false imprisonment; warrant 826 false pretense ; information . . . 796 fees of justice in criminal cases ' . . . . 607 fees of justice in civil cases . . . 606 felony or misdemeanor; infor- mation 788 fighting; information; war- rant 810 fighting game animal; infor- mation 794 forgery; information 798 gambling; information 803 gambling apparatus; seizure; warrant 821 grand larceny; warrant 817 guardian ad litem; consent and appointment of; infant defendant 754 INDEX. 1201 Justices' Courts — Continued. Page, guardian ad litem of infant plaintiff; consent and ap- pointment 753 injury to animal ; information, 793 interfering with oflBcer; infor- mation 804 judgment ; transcript ; defend- ant liable to arrest 774 juror's oath 771 jury summons 769 jury ; triors 770 keeping place for dog fights; information 796 keeping place for fighting ani- mal ; information 793 killing unborn quick child; in- formation 804 larceny ; information 805 libel ; information 806 malicious mischief ; informa- tion 806 malicious trespass; informa- tion 807 manslaughter, first degree ; in- formation 807 manslaughter; warrant 819 mayhem ; information 807 maiming; warrant 823 misdemeanor or felony; war- rant 822 mortgaged property ; selling ; information 816 murder by act dangerous to other; information 808 murder perpetrated in commis- sion of felony; information.. 809 murder premeditated ; infor- mation 809 murder; poisoning; warrant.. 824 825 warrant 818 warrant (offender un- known) 817 notice of appeal 781 -ordinance; violation of; infor- mation 801 overdriving animal ; informa- tion 794 perjury ; information 809 warrant 827 permitting child to beg; infor- mation . . . . , 801 power of attorney to appear . . 754 prize fight; warrant 820 proof of justice's signature on warrant 829 proof of service of summons and order of arrest 736 76 Justices' Courts — Continued. Page, prostitution; female under six- teen; information 811 prostitution; female under six- teen; warrant 821 public intoxication; informa- tion 811 rape ; warrant 822 receiving stolen goods; infor- mation 812 warrant 827 reckless driving; information, 813 refusing aid to officers; infor- mation 813 rescuing prisoner; information, 814 replevin ; summons, affidavit and requisition ^48 defendant's affidavit and no- tice 750 defendant's undertaking.... 751 complaint 753 constable's return 750 rescuing prisoner; warrant . . 828 return of service 732 return of nonservice 732 return on subpoena 763 return of warrant 829 return on warrant 819 riot ; warrant 828 robbery; first degree; informa- tion 814 sale by constable; advertise- ment 777 search warrant; complaint, 842, 843 seduction; information 815 selling hired chattels 815, 816 sheriff, assault upon; warrant.. 826 statement of defendant 834 statement of questions put to defendant 832 statutory felony or misde- meanor ; information 797 subpoena 763 subpoena duces tecum 763 subpoena ; criminal 843 summons 731 summons against defaulting ju- ror 768 summons and warrant; attach- ment 741 testimony 835 transcript of judgment 774 trespass to personal property; affidavit 734 undertaking on adjournment . . 755 756 undertaking on arrest 737 undertaking by defendant; plea of title ^.S^A, . ..7 1202 INDEX. Justices' Courts — Continued. Page. undertaking to appear before magistrate issuing warrant . . 830 undertaking of prisoner to grand jury 838 undertaking of witness, with- out sureties 839 undertaking of witness, with surety 840 undertaking to keep the peace, 786 warrant for arrest; surety to keep the peace 784 warrant for surety of the peace on threat to commit crime against property 785 warrant of commitment 788 warrant of commitment; surety to keep the peace 786 warrant to release prisoner . . . 787 witness ; summons against .... 764 commitment for refusal to be sworn 780 oath 771 order to give security for ap- pearance 841 E. Kansas, acknowledgments of deeds, etc., in 57 deed 360 mortgage 417 Kentucky, acknowledgments of deeds, etc., in 57 deed 361 mortgage 417 L. Land Contract 311 I/andlord and Tenant introduction 847 list of forms 848 abandonment of premises; en- try in justice's docket 883 affidavit of landlord that prem- ises are deserted by tenant . . 882 affidavit of service of precept on tenant by leaving at dwelling-house 896 agreement of 851 agreement for furnished room, 861 itssignment of lease 862 forcible entry and detainer ; an- swer of defendant 908 juror's oath upon traverse . . . 908 ground lease, twenty-one years, with covenants to build and for renewal 863 dlord's agreement 849 Landlord and Tenant — Contd. Page. lease 852 lease of a house 854 lease; chattel mortgage clause, 853 lease of farm 860 lease of flat 858 lease of furnished house or apartment 856 lease ; Maryland 881 lease of railroad 872 lease of railroad rolling stock, 867 lease ; short form 850 Virginia 881 West Virginia 882 notice by tenant of his inten- tion to quit premises held by him as tenant-at-will or suf- ferance 907 notice to be affixed to prem- ises to pay rent 883 renewal; ground lease 867 summary proceedings; appeal bond 883 summary proceeding; affidavit of personal service of pre- cept on tenant 895 affidavit of service of precept by affixing on property . . . 895 answer of tenant 897 indorsement on precept .... 892 notice of appeal 884 notice to terminate tenancy- at-will 885 notice to tenant to pay rent, 884 petition to remove tenant for nonpayment of rent, after demand 886 petition to remove tenant for nonpayment of rent, after notice 888 petition to remove tenant holding over 889 precept to remove tenant for nonpayment of rent after demand 891 petition to remove tenant-at- will 890 precept to remove tenant for nonpayment of rent after notice 892 precept to remove tenant holding over 893 precept to remove tenant-at- will 894 precept to summon jury .... 898 subpoena to appear and tes- tify 898 warrant to remove tenant; nonpayment of rent after demand; default 899 INDEX. I2i03 Xandlord and Tenant — Contd. Page, warrant to remove tenant for nonpayment of rent after demand; trial 900 warrant to remove tenant for nonpayment of rent after notice; default 901 i warrant to remove tenant for \ nonpayment of rent after notice; trial 902 warrant to remove tenant holding over; defatilt 903 warrant to remove tenant holding over; trial 904 warrant to remove tenant-at- will; trial 906 warrant to remove tenant-at- will ; default 905 surety for rent 850 surrender of lease by indorse- ment 882 tenant's agreement 849 tenant's agreement not to un- derlet 854 tenant's agreement not to use premises for extra-hazardous purposes 854 tenant's agreement pledging property on premises as se- curity 854 under-lease 862 Larceny justices' courts; information. . 800 805 Lease assignment of 136, 862 chattel mortgage clause 853 farm 860 flat 858 furnished house 856 ground; renewal 867 house 854 Maryland form 881 mortgage of 384 railroad 877 railroad rolling stock 867 short form 850 surrender of, by indorsement.. 882 Virginia form 881 West Virginia form 882 Letter of Attorney general, bankruptcy 205 special, bankruptcy 206 Letters of Credit introduction 909 list of forms 909 general 909 general form for travelers' 910 special 910 where bearer has made deposit, 910 Page. Letters Testamentary 1180 Libel justices' courts ; information . . 806 Licenses 911 ferry 629 patent, with royalty 961 shop-right of patent 959 Lien redemption of property from, in bankruptcy 220 sale of property subject to, in bankruptcy 221 See Mechanics' Liens. Lost Bill or Note affidavit of, in bankruptcy.... 21S bond of indemnity on paying. . 282 Louisiana acknowledgments of deeds, etc., in 5» deed 361 mortgage 418 Lunatic deed by committee of 350 Lutheran Church, certificate of incorporation.... 491 certificate changing system of election of trustees 504 M. Maiming justices' courts; warrant 82.? Maine acknowledgments of deeds, etc., in 61 deed 363 mortgage 410 Malicious Mischief justices' courts; information.. 806 Malicious Trespass justices' court; information... 801 Manslaughter first degree; justices' court; in- formation 807 justices' courts; warrant 810 Marine Insurance certificate of president as to goods damaged at sea 17fi Maritime Bill of Lading 25'Z Maritime Contracts for the freight of a ship 31 T 1204 INDEX. Hariiage Page. antenuptial agreement 701 certificate of 699 certificate of, returned to board of healtli 263 contract of, under Domestic Relations Law 706 oath of witness identifying par- ties 700 Married Women acknowledgment by, generally, 12 identity of, acknowledging deed 8 Marshal (United States) bond of, in bankruptcy 198 Maryland acknowledgments of deeds, etc., in 61 deed 363 lease 881 mortgage 419 Massachusetts acknowledgments of deeds, etc., in 62 deed 363 mortgage 420 Mayhem justices' courts; information.. 807 Mechanic's Lien introduction ; list of forms .... 912 notice of 912 notice of; public building 914 Meeting church corporation; notice of.. 500 Membership Corporations agricultural and horticultural certificate 482 bar association; certificate.... 478 hoard of trade; certificate .... 481 cemetery; certificate 470 certificate changing number of directors 484 Christian association; certifi- cate 477 certificate of reincorporation of membership corporations .... 462 consolidation of 463 extension of purposes; certifi- cate 484 fire company ; certificate 473 general form of certificate of incorporation 458 hospital; certificate 476 incorporation of unincorporated association 459 New York statute 457 Membership Cotporations — Contd. Page. ' prevention of cruelty; certifi- cate .' 474 private cemetery ; certificate . . 427 soldiers' monument; certifi- cate 480 supplemental certificate desig- nating trustee 468 supplemental certificate chang- ing number of directors 467 supplemental certificate chang- ing time of annual meeting.. 469 veterans', soldiers' and sailors' associations ; certificate .... 479 See Religious Corporations. Michigan acknowledgments of deeds, etc., in 64 deed 364 mortgage 420 Minnesota acknowledgments of deeds, etc., 64 deed 364 mortgage 420 Minors adoption of 95 contract to bind minor to serve to pay for his passage money, 113 See also Apprentices. Misdemeanor apprentice, ill-behavior 116 information; justices' courts. . 788 statutory; information; jus- tices' courts 797 Misdemeanor or Felony justices' courts ; warrant 822 Mission Churches corporation for maintaining; certificate 494 Mississippi acknowledgments of deeds, etc., in 65 deed 364 mortgage 420 Missouri acknowledgment of deeds, etc., 66 deed 364 mortgage 420 Montana acknowledgments of deeds, etc., in 67 deed 365 mortgage 421 Mortgages assignment of 143, 144 assignment of, as collateral se- curity 146 INDEX. 1205 Mortgages — Continued. Page. lease 384 New York forms 372-415 chattel; list of forms 291 see Chattel Mortgages, introduction and remarks on New York statute as to fil- ing, etc 289 foreclosure by advertisement. . 425 referee's deed upon foreclosure, 344 release of part of mortgaged premises 355 satisfaction-piece 33 securing bond issue of manu- facturing corporation 386 to secure bond issue of railroad corporation 398 vessel 1106 See Conveyances by deed and mortgage 324 see titles of various States and Territories. Mortgaged Property selling; justices' courts; infor- mation 816 Murder act dangerous to others; jus- tices' courts; information . . 808 inquisition of; cororner . . . 528, 529 justices' courts; offender un- known; warrant 817 warrant 818 perpetrated in commission of felony; justices' courts; in- formation 809 poisoning; justices' courts; warrant 824, 825 premeditated; justices' courts; information 809 N. National Banks proxy 241 Naturalization introduction 915 list of forms 918 affidavit of petitioner 920 affidavit of resident alien to hold real property 922 affidavit of witness 920 certificate of citizenship 922 clerk's certificate of declaration of intention 918 declaration of intention 918 oath of allegiance 921 order of admission 921 petition on final application, . 919 Navigation Corporation Page. certificate 439 certificate for full payment of capital stock 456 Nebraska acknowledgments of deeds, etc., in 08 deed 365 mortgage 421 Negotiable Instruments Law 241 Nevada acknowledgments of deeds, etc., in 69 deed 366 mortgage 421 New Hampshire acknowledgments of deeds etc., in 70 deed 365 mortgage 421 New Jersey acknowledgments of deeds, etc., in 71 deed 365 mortgage 421 New Mexico acknowledgments of deeds, etc., in 72 deed 366 New York acknowledgments of deeds, etc., in 18 adoption of minors in 95 deeds in 331-355 foreclosure by advertisement . , 425 forms of arbitration and award, 123 list of forms of deeds and mortgages 326 mortgages 372-415 mortgages, foreclosure by ad- vertisement 425 New York County auctions in 173 North Carolina acknowledgments of deeds, etc., in 73 deed 366 mortgage 421 North Dakota acknowledgments of deeds, etc., in 75 deed 30f! mortgage 421 Notaries Public fees of 607 general remarks as to 923 1206 INDEX. Page. Notices 923 appeal; justices' courts 781 order of filiation 1064 appointment of arbitrators . . . 128 drawing of jury to be printed, 309, 310 meeting for incorporating chuffch 487 protest for nonpayment of note or nonacceptance of bill, 249, 250 revocation of arbitration .... 130 sale under chattel mortgage . . 295 to remove obstruction from highway 648 trustee in bankruptcy; of ap- pointment 208 Nuisance complaint of, to and by board of health 270 notice of hearing as to, before board of health 271 notice of imposition of penalty for maintaining 271 notice to abate 271 See also Boards of Health 271 0. Oath administered on making affida- vits 105 appraiser in bankruptcy 200 arbitrators 129 grand jury, foreman 299 inspector of election of di- rectors of bank 240 proxy, when challenged 240 subscribing witness to deed . . 32 trustee in bankruptcy; final ac- count 226 witness before arbitrators.... 130 jurors, witnesses, etc. See Clerks and Ciiers. OfScers fees of 596 interfering with; information; justices' courts 804 refusing aid to; justices' courts; information 813 Ohio acknowledgments of deeds, etc., in 76 deed 367 mortgage 422 Oklahoma Territory acknowledgments of deeds, etc., in 77 deed 367 mortgage 422 Order Page. County Court on hearing of complaint of apprentice .... 120 proceeding to abrogate adop- tion 103 reference in bankruptcy 202 Ordinances violation of; justices' courts; information 801 Oregon acknowledgments of deeds, etc., in 79 deed 367 mortgage 422 Overseers of Highways fees of 607 Overseers of Poor fees of 607 oath of office 1015 P. Partition fees of commissioners 601 referee's deed 345 Partnership introduction 924 list of forms 926 acknowledgment of deed by one partner 28 agreement to continue partner- ship 932 articles of partnership.... 926, 931 certificate of, limited 934 certificate' where business is conducted under fictitious name 939 continuation indorsed on orig- inal articles, with additional covenants 933, 934 contract of 318 contract to continue 319 dissolution indorsed on articles, 934 limited; affidavit of publica- tion 939 aifidavit to be filed with cer- tificate 937 designation by clerk of news- paper for publication 939 notice to be published 938 proof of debt due in bank- ruptcy 213 Party-Wall agreement for 321 Patents introduction 940 list of forms 943 INDEX. 1207 Patents — Continued. Page, application for British patent; declaration 953 power of attorney 954 assignment of 138 assignment before patent .... 958 assignment of application . . . 955 assignment of patent, special. . 955 assignment of undivided part. . 957 assignment of whole 956 caveat ; oath 947 petition and oath for 946 specification 947 fees 942 license ; shop-right 959 with royalty 961 oath attached to petition; amendment of specification. . 946 patent-right deed 954 petition for label 952 petition for letters- patent 943 petition for patent ; Canada . . . 952 petition for reissue 948 petition for registration of trademark 949 petition for reissue ; oath .... 949 specification 948 petition; specification and oath for design patent 951 power of attorney by inventor, 962 power of attorney in German . . 954 specification 944 territorial assignment of. . 959, 960 Penalty notice of imposition of, for maintaining nuisance 271 Pennsylvania acknowledgments of deeds, etc., in 79 deed ?67 mortgage 422 Pensions introduction 963 list of forms 963 affidavit of claimant's infirm- ity 991 affidavit of witness 987 affidavit of witness; widow's pension 989 declaration for increase of in- valid pension 969 declaration for original invalid pension 968 declaration for original pension for a widow 970 declaration of pensioned widow for increase of pension . . . 972 •declaration for pension of chil- dren under sixteen years of age 973 Pensions — Continued. Page. declaration of guardian for in- crease of pension of pen- sioned children 975 declaration for an original pension of mother 976 declaration for an original pension to a father 978 declaration for pension for de- pendent brothers and sisters, 979 declaration of widow for pen- sion 988 declaration for widow's pen- sion 993 declaration for invalid pension, 991 declaration for pension for chil- dren under sixteen years of age 994 declaration for dependent mother's pension 996 declaration for dependent father's pension 997 declaration for soldier's chil- dren who are permanently helpless 999 declaration for increased pen- sion 1005 Indian wars; claim of soldier for service pension 1000 claim of widow for service pension 1003 Mexican war; declaration of survivor for pension 984 war of 1812; declaration of sol- dier for service pension . . . 980 declaration of widow for service pension 982 Perishable Property petition and order for sale of, in bankruptcy 222 Perjury justices' courts ; information . . 809 warrant 827 Petition abrogation of adoption . . . 100, 104 Pipe-Line Cotporation certificate 442 Plank Road Corporation certificate 446 Plankroads 1007 list of forms 1007 affidavit of directors as to subscription 1009 agreement with supervisor and commissioner 1010 annual report of directors 1012 application to supervisors to lay out road 1009 1208 INDEX. Flankroads — Continued. Page. corporation certificate 1008 deed of owner to company, of land for plankroad 1011 election of directors; notice.. 1011 notice by supervisors of special meeting 1010 notice of application by publi- cation 1009 notice to pay stock 1011 notice that books are open for inspection 1007 oath of commissioner 1010 proof of service of notice of meeting 1010 subscription book of 1007 Poisoning murder; justices' court; war- rant 824, 825 Poor Laws 1013 list of forms 1013 absconding father, mother or husband; report to County Court of property seized .... 1018 affidavit for disorderly person, 1045 affidavit for disorderly person; fortune teller 1046 annual report of superintend- ent of poor 1029 appeal from order of filiation; bond 1056 application for order by poor person 1016 bastardy; affidavit of mother. . 1052 application in 1050, 1051 bond on adjournment 1054 discharge of father 1054 bond of putative father .... 1053 subpoena 1055 warrant against reputed father 1051, 1052 bond of superintendent of poor, 1066 bond of overseer of the poor . . 1067 bond to overseer of poor upon seizure of property 1019 certificate of conviction of va- grant 1039 certificate of keeper of poor- house of expenses 1026 certificate of superintendent that a person is a county pauper 1024 complaint against habitual drunkard 1031 complaint against vagrant . . . 1031 decision of county superintend- ent annulling certificate .... 1025 decision of county superintend- ent as to refusal of super- intendent to give certificate, 1025 Poor Laws — Continued. Page- decision of superintendent af- ter re-examining settlement of pauper 1024 disorderly person ; conviction and commitment 1049 indorsement of warrant where reputed father in another county 1053 engagement of parent, master or guardian of truant child, 1034 filiation; order of 105.") order of ; bond 1056 order of commitment 1057 indenture binding out child by overseer of poor 1060 indenture made by superintend- ent of poor 1065 information against child beg- ging 1042 information; truant child .... 1032 notice of appeal, from order of filiation 1064 notice of improper removal of pauper from another county, 1028 notice upon reduction of in- crease in order of filiation . . 1062 notice to overseer that pauper had no legal settlement 1028 notice as to legal settlement of pauper 1024 notice that pauper will be sup- ported at expense of town. .. 1023 notice contesting alleged settle- ment of poor person 1022 notice from one town to an- other to support poor person, 1021 notice to person to support relative 1016 order reducing sum in order of filiation 1063 order to compel mother to pay for support of bastard 1060 order to commit mother who refuses to disclose name of father of bastard 1058 order of filiation in absence of reputed father 1058 order removing poor person to poorhouse 1026 order by supervisor for tempo- rary relief of pauper 1027 order of superintendent to pay expense of pauper 1026 order for relative to support poor person 1020' order to discharge warrant and restore property 1019 order compelling relative to maintain poor person 1017 INDEX. 1209^ Poor Laws — Continued. Page. overseer of poor; oath of of- fice 1015 process to compel attendance of bastard before justice . . . 10B9 prostitution ; affidavit against house of 1047 recognizance 1047, 1048 subpoena on appeal in bastardy cases 1064 summons of superintendent to witness to appear and tes- tify 1022 summons where mother of bas- tard has property in her own right 1060 summons to parent to attend examination of truant child, 1032 superintendent of poor; oath of office 1015 superintendent's certificate for a weekly allowance 1027 superintendent's decision as to settlement of pauper 1023 undertaking by mother of bas- tard child to appear at court, 1061 imdertaking by parent, master, or guardian of truant child, 1033 warrant for discharge of puta- tive father of bastard 1065 warrant to seize property of absconding father or mother, 1063 warrant to commit mother of bastard for not executing bond 1061 warrant for disorderly person, 1045 warrant against child begging, 1043 1044 warrant to commit truant child 1035, 1037, 1038 warrant of arrest of truant child 1035 warrant for vagrancy 1031 warrant to commit vagrant, af- ter trial 1040, 1041 warrant to seize goods of ab- sconding father, husband, or mother 1018 Port Wardens certificate of damage of goods at sea 176 Pound Master fees of 607 Power of Attorney introduction 1068 list of forms 1069 acknowledgment of person con- veying by 27 acknowledgment of, for use in England 93 Power of Attorney — Continued. Page, affidavit annexed thereto .... 1070 general 1069 from several creditors to col- lect debts, etc 1075 from partner to collect debt, 1071 inventor of patent 962 lease or sell land 1075 receive debt 107S receive legacy 1074 receive rents of an estate 1074 to receive dividends 241 receive dividends on stock .... 1070 revocation of 1077 take possession of lands and sell them 1076 to appear in justices' courts . . . 754 transfer stock 1071 transfer stock in corporation, 521 to transfer stock in a bank.. 238 vote at election of directors . . 1070 Prevention of Cruelty Corpora- tion certificate 474 Printers fees of 608 Private Cemetery Corporation certificate 472 Probate of Wills citation and proof of service, 117ft deposition of subscribing wit- ness 1177, 117R executor's oath 1181 letters testamentary IISO order for 1 17'-l petition for 117 '< proof that vrill is recorded... IISI proof that executor has quali- fied 1182 Promissory Notes list of forms 246 bond of indemnity on paying lost note 282 certificate of protest 250, 251 notice of protest 249 various forms of .... 247, 248, 249 Proof of Deeds, etc., to be recorded ; introduction . . !> Proof of Service of subpoena to compel witness to prove execution of convey- ance 31 Prostitution female under sixteen; justices' court ; information 811 justices' court ; warrant .... S21 house of; affidavit against... 1047 1210 INDEX. Protest Page. certificate of 250, 251 notice of, of note for nonpay- ment on bill for nonaccept- ance 249, 250 Proxy corporations 520 national banks 241 oath to 523 to vote at election of directors of bank 239 Publication afiidavit of foreclosure by ad- vertisement 427 Public Health Law 262 See also Boards of Health. Public Intoxication justices' courts; information.. 811 Publishers contract to engrave cuts for a book 318 contract to revise second edi- tion of book 320 contract to sell manuscript and copyright book 320 Q. Quitclaim Deed (New York).. 331, 332 R. Railroads bill of lading 254, 255 lease of 877 lease of rolling stock 867 mortgage to secure bond issue, 398 Rape justices' courts ; warrant . . 822, 823 Real Estate contract to convey 312, 313 sale of land by auction, con- tract 314 Redemption bankruptcy from lien 220 real property; affidavit to en- title creditor to redeem .... 353 Receipt and Release introduction 1078 list of forms 1078 receipt; various forms thereof, 1078 1080, 1081 Receiver bond of 287 acknowledgment of deed by . . 27 fees of 608 Receiving Stolen Goods justices' court; information... 812 warrant 827 Reckless Driving Page. justices' courts ; information . . 813 Recognizance person arrested under poor laws 1047, 1048 Recording effect of faulty acknowledg- ment 6 Referee acknowledgment of deed by . . 27 bankruptcy; certificate by, to judge 229 oath of office 203 bond of, in bankruptcy 203 deed by S44 deed in partition 345 fees of C08 order of reference in bank- ruptcy 202 Reference bankruptcy; referee's oath of office 203 bond of referee in bankruptcy, 203 order of, in bankruptcy 202 Reformed Church certificate changing system of choosing trustees of " 504 Reformed Dutch Church certificate of incorporation 491 Reformed Presbyterian Church certificate of incorporation.... 491 Refusing Aid to Officer justices' courts ; information . . 813 Registers of Deeds fees of 608 Release dower 354 general 1081 mutual; general, by indenture, 1082 of guardian, by by ward on his coming of age 1083 of land from judgment 1083 part of mortgaged premises. . 355 of part of mortgaged premises, 1084 to one of a partnership 1084 Religious Corporations certificate changing number of vestrymen of Episcopal church 500 certificate changing date of an- nual election, etc., of vestry- men and churchwardens of Episcopal church 501 certificate changing system of choosing trustees of Reformed church 504 INDEX. 1211 Heligious Corporations — Contd. Page. certificate of incorporation of Reformed Dutch, Reformed Presbyterian, or Lutheran church 491 certificate correcting error in conveyance 510 corporations for acquiring par- sonages for presiding elders, or camp-meeting house 492 ■corporations for maintaining missions, churches, Sunday- schools ; certificate 494 corporation of churches 488 consolidation of incorporated churches 495 Episcopal church certificate . . 489 general form of certificate of incorporation of church .... 486 incorporation of union church. . 488 judicial investigation of amount of property 511 Lutheran church ; certificate changing system of election of trustees 504 petition for sale, mortgage, or lease of real property 508 notice of annual election of Episcopal church 500 notice of church meeting .... 500 notice of meeting for incorpo- rating church 487 notice of meeting for incorpo- ration of Episcopal church. . 489 removal of human remains .... 505 Roman Catholic or Greek cer- tificate 490 Senewal chattel mortgage 294 Keorganization certificate of, upon sale of cor- poration property and 147 Replevin justices' courts ; complaint . . . 753 constable's return 750 defendant's affidavit and no- tice 750 defendant's undertaking ... 751 summons, affidavit, and requi- sition 748 Rescuing Prisoner justices' court; information .. 814 warrant 828 Respondentia Bond 284 Return justices' courts; warrant .... 819 subpoena 763 Revocation Page. power of attorney 1077 of submission to arbitrators. . 130 Right of Way deed of 353 Riot justices' courts ; warrant 828 Rhode Island acknowledgments of deeds, etc., in 80 deed 367 mortgage 422 Roman Catholic Church incorporation; certificate .... 490 S. Sale auction; real estate contract.. 314 bankruptcy, petition for, by auction of real estate 219 contract for, of goods to be ap- praised 314 contract; shares in corporation, 322 wheat 324 contract for, of wood 322 by constable; justices' courts. . 781 constable; justices' courts; ad- vertisement 777 notice of, under chattel mort- gage 295 perishable property, b a n k - ruptcy, petition, and order. . 222 private, in bankruptcy, peti- tion, and order 222 property subject to lien in bankruptcy 221 sheriff's certificate of 352 terms of, for auctioneer. . 177, 178 Satisfaction of Judgment 34 certificate of clerk 35 Satisfaction of Mortgage 33 Schools 1085 list of forms 1085 alteration of school district. . 1091 appeal to superintendent of public instruction ; release on, 1097 appeal to superintendent of public instruction 1096 application of trustees in alter- ing district 1091 appointment to fill vacancy in office of clerk, librarian, or collector 1096 certificate of teacher 1093 certificate of teacher, annulling, 1094 certificate relating to school li- braries 1086 1212 INDEX. Schools — Continued. collector's bond 1087 collector's notice to pay taxes . . 1094 collector's notice of levy and sale 1095 collector's return 1094 election of officers; notice by clerk of district 1095 notice by town clerk 1095 erecting school district 1092 fees of school district collector, 609 library; list for approval 1087 minutes of district meeting. . . 1090 notice of first meeting in new district 1092 notice of special meeting .... 1086 oath of commissioner 1091 order directing notice of meet- ing 1093 order for payment of teacher. . 1089 practice on application for re- moval of school officers . . . 1099 removal of officers; practice on application for 1099 sale of schoolhouse; apportion- ment of proceeds 1093 sale of schoolhouse and prop- erty ; notice 1093 teacher's contract 1090 trustee's vacancy 1095 warrant of trustees 1088 Sealers of Weights and Measures fees of 609 Searches introduction 1102 list of forms 1102 county clerk's search for liens, 1103 county clerk's or register's search for conveyances .... 1102 list of additional searches 1103 Search Warrant justices' courts; complaint, 842, 843 Seduction justices' courts; information.. 815 Separation between husband and wife . . . 702 Services contract for 323 Sheriffs acknowledgment of deed by. . . 27 assault upon; warrant; jus- tices' courts 826 bond of indemnity to 283 certificate of sale 352 deed by S46 deed by ; in mortgage cases . . . 347 on sale under execution. ... 3i8 fees of 609 undertaking of 562 Sheriff of New York County Page, fees of 612 Ships and Vessels introduction 1104 list of forms 1104 bond of libelant of vessel 288 contract for freight of 317 bottomry bond 283 marine protest 1108 mortgage on vessel 1 106 sale of enrolled vessel 1105 sale of registered vessel 1104 Soldiers' Monument Corporation certificate 480 South Carolina acknowledgments of deeds, etc., in 81 deed 367 mortgage 422 South Dakota acknowledgments of deeds, etc., in 81 deed 368 mortgage 422 Specification grounds of opposition to dis- charge of bankrupt 231 Stage Coach Corporation certificate 441 Stamp Taxes (United States)... 1109 Stenographers fees of 613 Still-Birth return of, to board of health. . 269 Stock certificate of ; corporations 519 transfer of, in corporation .... 522 corporations; certificate of in- creasing or Beduction 450 See Corporations. Strays introduction 1111 list of forms 1113- certificate of fenceviewers as to strays 1113 determination of fenceviewers as to damages by 625 notice of sale of 1114 notice of stray for town clerk, 1113 notice of, by fenceviewers for town clerk 624 notice of sale by fenceviewers . . 625 receipt of overseer of poor for proceeds of sale of strays . . 1114 INDEX. 1213 , Subpcena Page, affidavit of service of; justices' courts 764 board of supervisors 539 arbitrators 129 bastardy case 1055 board of supervisors 538 commissioners of highways 675 committee; county laws 539 criminal; justices' courts 843 duces tecum; justices' courts.. 763 f enceviewers 623 . justices' courts 763 witness hef ore coroner 527 Subscription Papers introduction 1114 list of forms 1115 in the form of a contract 1115 to build church 323 to build church, another form. . 1115 Summons apprentice; complaint of master against 122 complaint of apprentice of ill- treatment 117 . complaint of apprentice where money has heen paid master, 119 bankruptcy, to witness 210 justices' courts 731 Superintendent of Poor oath of office 1013 undertaking of 564 Superintendent of Public Instruc- tion appeal to 1096 practice on appeal to 1097 Supervisors annual statement of 547 fees of 614 general form of resolution of . . 537 See also County Law; Town Law. Surety bond of indemnity to 281 chattel mortgage to secure surety on lease 294 for rent 850 Surrogates fees of 614 undertaking of 564 Taxes 1117 list of forms 1117 account of unpaid taxes to be transmitted to comptroller.. 1125 Taxes — Continued. Page, affidavit to reduce tax on per- sonal estate 1127 affidavit to reduce tax on real estate 1126 assessment-roll 1118 assessment-roll of nonresidents, 1122 collector's affidavit of unpaid taxes 1125 collector's bond 1123 collector's notice that he is ready to receive taxes 1125 collector's warrant 1124 county treasurer's certificate to collector's return 1126 notice of completion of assess- ment 1118 notice pf levy and sale by col- lector 1126 notice to occupant of land sold at tax sale 1127 oath of assessors on assess- ment-roll 1123 proof of service of tax notice, 1129 Telegraph or Telephone Corpora- tion certificate 446 certificate for extension of line, 456 Telephone Corporations certificate 446 extension of line 456 Tennessee acknowledgments of deeds, etc., in 83 deed 368 deed of trust 423 mortgage 422 Terms of Sale for use of auctioneers 177, 178 Texas acknowledgments of deeds, etc., in 85 deed 369 mortgage 423 Town alteration or erection of 543 Town Board report of commissioners of highway of first meeting . . 646 Town Clerks certificate of transcript 643 fees of 614 Town Collectors fees of 615 Town Law 1129 list of forms 1129 abstract for board of supervi- sors 1155 1214 INDEX. Town Law — Continued. Page. account of supervisors 1151 account for services 1155 annual report of town indebt- ness 1158 i.pptal to board of supervisors; notice of 1151 ;, application to change place of ,'• town meeting 1131 application by taxpayer for special meeting 1131 appointment of officers; notice to deliver all books and pa- pers to incoming ofiBcers; pe- tition to compel 1143 appointment of firemen 1156 appointment to fill vacancy.. 1139 assessor; appointment of .... 1140 auditors; application for elec- tion of 1157 certificate that justice has filed undertaking 1136 collector; appointment of .... 1141 appointment of, in case of vacancy 1141 collector's undertaking 1133 commissioner of highways; un- dertaking of 1138 constable's undertaking 1134 delivery of books and papers; petition to compel; answer of defendant 1144 order to show cause 1147 order for commitment 1145 commitment for failure to deliver 1147 search warrant for 1148 to incoming officer .... 1148-1150 inspector of election; appoint- Wiment to fill vacancy 1139 ^Sstice's accounting against a county in criminal matters. . 1153 justice's accounting against town in criminal matters.. 1154 justice of the peace; appoint- ment of, to fill vacancy . . 1142 certificate of election 1135 justice's undertaking 1135 notice of proposition to be voted upon 1132 notice of special meeting .... 1131 oath of office 1132 oath of town officer 1130 overseer of the poor; undertak- ing of 1137 supervisor; appointment of... 1140 supervisor's resolution direct- ing money to be paid 1158 supervisor's undertaking 1136 resignation of town officer ... 1138 Town Law — Continued. Page. resignation of town officer; no- tice of acceptance 113g town clerk; appointment of. . 1140i town house; notice of resolu- tion to build 1157 town meeting; proof that reso- lution passed at 1157 Trademarks introduction 115^ list of forms H59. application for registration of labels 1 161 application for registration of prints 1161 declaration 950. declaration by individual 1160 petition for registration 949 statement by individual 1160 specification 950 Tramway Corporation certificate , 441 Transcript justice's judgment; defendant liable to arrest 774 Transfer of Stock in bank or corporation . .". 236 Transit Permit issued by board of health for corpse 267, 26r Trespass malicious; justices' courts; in- formation 80 Truant Child information as to 1 engagement of parent, master, or guardian of ' summons to parent to attend examination of undertaking of parent, master, or guardian of warrant of arrest of warrant to commit, 1035, 1037, Trustee acknowledgment of deed by... bankruptcy ; account appointment of, by credit- ors appointment of, by referee. . bond notice to, of appointment . s'. i notice of petition for re moval oath to file account ■. order that none be appoints order allowing account t discharging INDEX. 1215 Trustees — Continued. Page. order appraising bond 209 order for choice of new trus- tee 228 order for removal of 228 petition for removal 227 report of exempt property . . 223 return of " no assets " 224 Trusts 1161 declaration of trust in personal property 1162 declaration of trust in lands. . . 1162 Turnpike corporations certificate 446 tr. Under-sheriff acknowledgment of deed by . . . 27 Undertakings 1163 arrest; witness before supervi- sor 540 '■ county treasurer 1163 of father for faithful perform- ance of son, an apprentice ... 112 of master where arrested on complaint of apprentice.... 119 See also Justices' Courts. Utah acknowledgments of deeds, etc., in 86 deed 369 mortgage 423 r V. Vagrant . certificate of conviction of 1039 complaiat against 1031 warrant for 1031 warrant to commit, after trial.. 1040 k 1041 * Venue acknowledgment of deed, etc. . . 12 Vermont .acknowledgments of deeds, etc., * in 88 ' deed 370 mortgage 423 Vessel bill of sale of 260, 261 Vestrymen changing number of, in Episco- ' 'J pal church; certificate 500 Veterans', Soldiers' and Sailors' Association certificate of incorporation 479 Virginia Page, acknowledgments of deeds, etc., in 8R deed 370 lease 881 mortgage j 42.'? If <» W. Waiver exemption of homestead 697 of examination; justices' court, ""1 Warrant arrest of apprentice arrest of witness who refused to prove execution of convey- ance 31 bankruptcy, to marshal 197 commitment of prisoner by cor- oner 534 coroner; arrest of party charged with crime 532 justices' courts; return 819 justices' courts ; return 899 See Justices' Courts; also titles of various crimes for which warrants are issued. Warranty covenant of 568 Washington acknowledgments of deeds, etc., in 89 deed 370 mortgage 424 Watercourses deed of 351 Water Pipes application to lay, in highway . . 645 Water Works Corporation certificate 444 Weights and Measures fees of sealers 609 West Virginia acknowledgments of deeds, etc., in 90 deed 371 lease 882 mortgage 424 Wills introduction 1164 list of forms 1165 annuity charged upon real es- tate 1173 appointment of guardian 1173 appointing guardian and pro- viding that infant's property be cared for 1174 1216 INDEX. "Wills — Continued. Page, citation uppn probate of, and proof of service 1176 codicil to 1172 devise of an estate for life in lieu of dower 1172 executor's oath 1181 general form 1 16.5 letters testamentary 1180 •order for probate 1 179 petition for probate of 1175 power to executors to convey real estate 1175 probate of; deposition of sub- scribing witness 1177, 1178 proof that will is recorded 1181 proof that executor has quali- fied 1182 proviso that sums advanced be taken from legacy 1173 recording ; certificate attached to will and copy "proof for record 1182 ■Wisconsin acknowledgments of deeds, etc., in 91 deed 371 mortgage 424 "Witnesses aflBdavit and order for attend- ance ; justices' courts 844 affidavit of default by, before supervisors 539 attachment against, before cor- oner 527 bankruptcy; order for examina- tion of 210 summons to 210 Witnesses — Continued. Page. commitment of, for refusal to prove execution of convey- ■ ance 31 coroner's inquest; oath . . . 528, 52!) deaf and dumb; oath of inter- preter 302 defaulting; attachment against; justices' courts 764 delinquent; arrest; county laws 540 fees of 615 justices' courts; commitment; neglect to give security 841 justices' court; oath 771 justices' courts; order to give security for appearance. . . 841 refusal to be sworn; commit- ment 780 undertaking with sureties . . . 840 undertaking without sureties, 839 oath of, before arbitrators.... 130 before coroner 533 oath to be administered by com- missioner of highways 676 oath of subscribing witness to deed .-: 32 oaths of, etc. See Qlerks and Criers. subpoena before coroner 527 summons against, in justices' court ..". 764 summons for, on commission in justices' courts 761 Wyoa^ing ackjiowledgments of deeds, etc., in 9; deed 371 mortgage , 421 KF 170 ML2 1902 Author McCall, Henry Strone Vol. Title The clerk's assistant Copy Date Borrower's Name