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Cornell University Library 
 KF 170.J52 1869 
 
 The new clerk's assistant or Book of 
 
 3 1924 022 834 828 
 
 '<W L'>- 
 
The original of this book is in 
 the Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archive.org/details/cu31924022834828 
 
THE NEW 
 
 CLERK'S ASSISTANT, 
 
 OR 
 
 BOOK OF PEACTICAL FORMS; 
 
 OOVTATNISa NUMEK01I3 PBEOEDXNTS AND FOBHS FOB OBDIHABT BUSINESB TBANg- 
 ACTIONS, WITH BEFKBENOis TO THE TABIODS STATUTES, AND LATEST 
 
 JUDICIAL decisions; 
 DESIGNED FOR THB USE OV 
 
 COUFTY AM) TOWN OFFICERS OF EVERY GRADE. 
 
 BANKERS, MEKCHANTS, AUCTIONEERS, MECHANICS. FARMEESk 
 AND PROFESSIONAL MEN, 
 
 AND ADAPTED TO THE 
 
 NEW ENGLAND, NOETHEBN AND WESTEEN STATES, AOT CAUEOENTA. 
 Bt JOHN S. JENKINS. 
 
 OOUlSrSELO^AT LAW. 
 
 ALBANY, N. Y.: 
 
 W. C. LITTLE <fc CO., LAW BOOKSELLERS, 
 
 626 BROADWAY. 
 1869. 
 
H^J'5.?^ 
 
 Entered afleordhig to Aet of Congress, In tib« year ono thoiuand eight hiindi«d 
 and flfty-flve, 
 
 Bi' MILLEE, OETON & MDIiLIGiN, 
 
 In the Gerk'a Office of the District Oonit of the Northern District of New Torfc 
 
 V. A. ALVORD, Fiima. 
 
PREFACE 
 
 TO THE FOURTH EDITION. 
 
 Thb object originally had m -new, in the preparation of this work, 
 ■was, to provide a practical form book for business men, — one that 
 should be full and complete, and yet simple and clear in its arrange- 
 ment, and easily understood. It has already passed through three 
 large editions, and the publishers hare been at length compelled to 
 stereotype it, in order to enable them to supply the demand. It is 
 but reasonable, therefore, to mfer, that the public approve of the 
 plan of the work and of its execution. 
 
 lliis work is adapted to the Eastern, Northern and Western 
 States. It is sold very extensively in aU the New England States, 
 Pennsylvania, Ohio, Indiana, Illinois, Michigan, Wisconsin, and Cali- 
 fornia. The laws of those States being similar in their general char- 
 acter, the Forms included herein are consequently suited to the 
 wants of their officers and business men. 
 
 To County and Town Officers of every grade, — ^to business men of 
 an classes, — to the farmer, the mechanic, and the merchant, — ^this 
 book is believed to be a useful and reliable guide and director, a 
 well in the discharge of the public duties that may devolve on them, 
 as in the management of their own private affairs. The Chapters on 
 Auctions, Banks and Corporations, Fees of O^fficers. Homestead Ex- 
 
IT PREFACE. 
 
 emption. Mechanics' and Laborers' Lien, Plant Eoads, Supervisors, 
 Taxes, Town Auditors and Town Houses, — and the references to the 
 Statutes and legal decisions, — are new features in a work of this cha- 
 racter. A considerable amount of information, and a great number 
 of forms, are also contained in each one of the different divisions, 
 which are not to be found in any other work or publication. 
 
 No more changes have been made in this edition than were abso- 
 lutely necessary. It has been the constant aim of the author and 
 publishers, to have the book conform, in all respects, to the Laws ol 
 the State as easting at the time of the publication of each edition. 
 This has been a leading and peculiar feature of the work It is pos- 
 sible that some might deem it stiU more valuable,, if it could remain 
 permanent; but a moment's reflection wiU serve to convince them, 
 that its highest and greatest usefulness must depend on its keeping 
 up with the modifications and changes that may, from time to time, 
 be made. 
 
 New Chapters, — on the Exemption of the Homestead of a family 
 from sale on execution. Flank Roads, and the Duties of Supervi- 
 sors, — ^have been inserted in this edition. 
 
 The third edition of the Revised Statutes having now come mto 
 general use, the references herein contained apply to the paging and 
 section numbers of that edition. It may be proper further to state, 
 l^st any one not familiar with the plan of the work may be led 
 into error, that the words in the forms, in Italic letter, contained 
 in brackets, are designed to be merely directory, and those in Ro- 
 man are alone to be inserted, where any yaiiation is proper or ne- 
 cessary. 
 
GENERAL CONTENTS. 
 
 CHAPTER I. p„. 
 
 Acknowledgment and Proof of Deeds, Mortgages, and other In- 
 etruments. — Certificates of Discharge and Satisfaction 9 
 
 CHAPTER IL 
 Agreements and Contracts, 28 
 
 CHAPTER HL 
 Apprentices and Servants, 46 
 
 CHAPTER IT. 
 Arbitration and Award, .., 63 
 
 CHAPTER V. 
 Assignments, » 72 
 
 CHAPTER VL 
 Auctions, 86 
 
 CHAPTER Vn 
 Banks and Corporations, 02 
 
 CHAPTER YUL 
 Bills of Exchange and Promissory Notes, 102 
 
 CHAPTER IS. 
 Bills of Sale and Chattel Mortgages, 112 
 
 CHAPTER X. 
 Bonds 121 
 
VI GENERAL COSfTENTS. 
 
 CHAPTER XL 
 Clerks and Criers, 132 
 
 CHAPTER Xn. 
 Conveyances by Deed and Mortgage, 149 
 
 CHAPTER XIIL 
 Coroners, 18S 
 
 CHAPTER XIV. 
 Covenants, .-. 198 
 
 CHAPTER XV. 
 Debtor and Creditor,.. ..,, 203 
 
 CHAPTER XVL 
 Dower, 222 
 
 CHAPTER XVn. 
 Excise, 230 
 
 CHAPTER XVin. 
 Fees of Officers, 236 
 
 CHAPTER XrX 
 Fence Viewers, 260 
 
 CHAPTER XX. 
 Ferries, 267 
 
 CHAPTER XXL 
 Gifts 271 
 
 CHAPTER XXIL 
 Highways, 274 
 
 CHAPTER XXm. 
 Husband and Wife, 318 
 
 CHAPTER XXIV. 
 Homestead'Exemption, 329 
 
GENERAL CONTENTS. Vll 
 
 CHAPTER XXy. 
 Justices' Courts, ,. 334 
 
 CHAPTER XXVL 
 Landlord and Tenani* 881 
 
 CHAPTER XXVIL 
 Lunatics, 413 
 
 CHAPTER XXVHL 
 Mechaoios' and Laborers' Lien, 418 
 
 CHAPTER XXTY. 
 Naturalization, 424 
 
 CHAPTER XXY 
 Official Oath and Bond, 429 
 
 CHAPTER XXXI 
 Partnership 433 
 
 CHAPTER XXXII. 
 Patents,..! 442 
 
 CHAPTER XXXHL 
 Pension Vouchers 452 
 
 CHAPTER XXXIV. 
 Plank Roads and. Turnpikes, 460 
 
 CHAPTER XXX7. 
 Poor Laws 470 
 
 CHAPTER XXXVL 
 Powers of Attorney, 602 
 
 CHAPTER XXXVn. 
 Receipt and Release, 609 
 
 CHAPTER XXXV HL 
 Schools • 615 
 
Tin OEIIEBAL COHTEllTB. 
 
 CHAPTER XXXIX. 
 Service and Betum of Process in Justices' Courts, • 563 
 
 CHAPTER XL. 
 Strays, 562 
 
 CHAPTER XLL 
 Supervisors, 564 
 
 CHAPTER XT.TI. 
 Taxes, > 573 
 
 CHAPTER XLHL 
 Town Auditors^ 581 
 
 CHAPTER XLIV. 
 Town Houses, 584 
 
 CHAPTER XLV. 
 WBa, «.o.... 58S 
 
THE NEW CLERFS ASSISTMT. 
 
 CHAPTER I. 
 
 ACKB-OWLEDGMBNT AND PROOF OF DEEDS, MORTGAGES, AND OTHER 
 INSTRUMENTS. CERTIFICATES OF DISCHARGE AND SATISFACTION. 
 
 PRACTICAL REMARKS. 
 
 1. In order to entitle a deed or conveyance of land to be recorded, 
 it is necessary that it should be previously acknowledged or proved, 
 before the proper officer; except; that in New Hampshire and Ver- 
 mont, a deed may be recorded without the acknowledgment, but it 
 will be valid against the claims of creditors and subsequent purcha- 
 sers for sixty days only. The Revised Statutes of New York 
 require all conveyances of lands, tenements and chattels real, with 
 the exception of leases for a term not exceeding three years, to be 
 recorded.' 
 
 2. Deeds or conveyances, though not recorded, are valid as 
 between the parties and their representatives, but not against judg- 
 ment creditors, or subsequent purchasers in good faitL In Mary- 
 land, Virginia and North Carolina, however, it is necessary for a 
 deed to be acknowledged and recorded, to pass the title of the 
 grantor. 
 
 3. Officere authorized to take the proof or acknowledgment of 
 instruments, are restricted in the exercise of their authority for such 
 purposes, to the place or territory to which the jurisdiction of the 
 court to which they belong extends, or to the city, county, or town 
 in and for which they may have been appointed or elected.' 
 
 4. Justices of the Peace may take the proof or acknowledgment 
 of conveyances or instruments, at any place within the counties in 
 which they reside.' 
 
 5. Conveyances of lands within this State, and all contracts, 
 powers of attorney, and other instruments relating to the same, may 
 be acknowledged or proved, as follows : 
 
 1 2 R. S., (3d ed.) 40. §§ 1, 4 j Id. '46, 47, | a 2 R. S., {3d ed.) 40, 5 4. 
 §§ 4C, 42, 44 ; 8 WendeU, 620 , 15 Id., 688, » Laws of 1840, Chap. 238. 
 594 ; S Hill, 469. 
 
■lO NEW CLERK'S ASSISTANT. 
 
 1. In the State: before the Justices of the Supreme Court, County 
 Judges, Mayors and Recorders of cities, CommisBioners of Deeds in 
 eities, and Justices of the Peace in the several towns. 
 
 2, Out of the State, and in the United States: before the Chief 
 Justice and Associate Justices of the Supreme Court of the United 
 States, District Judges of the United States, the Judges or Justices of 
 the Supreme, Superior, or Circuit Couit, of any State or Territory 
 within the United States, the Chief Judge, or any Associate Judge of 
 the Circuit Court of the United States in the District of Columbia, 
 Mayors of cities in the United States, and Commissioners of Deeds ap- 
 pointed by the Governor of this State, In other States and Territories, 
 and the District of Columbia. 
 
 •3. Out of the United States: before a Judge of the highest Court, 
 in Upper or Lower Canada; before any Consul of the United States, 
 Chargfi d'Afiaires, Minister Plenipotentiary, or Minister Extraordinary, 
 resident In any foreign country; before the Mayor of London, the 
 Mayors or Chief Magistrates of Dublin, Edinburgh and Liverpool, and 
 any person specially authorized by a commission under the seal of the 
 Supreme Court of this State.i 
 
 6. The proof or acknowledgment of any conyeyance or instrument, 
 that may be recorded or read in evidence in this State, when made 
 by any person residing out of the State, and within any other State 
 or Territory of the United States, may be made before any officer 
 of sttch State or Territory, authorized by the laws thereof to take 
 the proof and acknowledgment of deeds. It is necessary, however, 
 that such officer should know, or have satisfactory evidence, that 
 the person making such acknowledgment is the individual described 
 in, and who executed the conveyance or instrument; also, that to 
 the certificate of the officer, there should be attached a certificate 
 under the name and official seal of the clerk or register of the county 
 in which he resides, specifying, that at the time of taking the 
 proof or acknowledgment, he was duly authorized to take the same, 
 and verifying his hand writing." 
 
 7. The official title of an acknowledging officer should always be 
 attached to his certificate, in full. If he be a Judge, he should state 
 of what court; if a Commissioner, or Justice of the Peace, the city 
 or county in and for which he is such Commissioner, or Justice, 
 should be mentioned ; and if a Minister Plenipotentiary, or Charge 
 d'Afiaires, he should say from what government he is appomted, 
 and to what government he is accredited. 
 
 8. Where a deed is proved or acknowledged before a Commissioner 
 of Deeds, Justice of tiie Peace, or County Judge, not of the degree 
 of Counsellor at law, the certificate of the County Clerk to the 
 
 1 2 R. S., (3d ed.) 40, §4 ; Laws of 1840, 1 ' Laws of 1848, Chap. 198. 
 Chap. 238 : Id., 290 : Laws of 1845, Chap. 
 109 ; Laws of 1847, Chap. 280. ' 
 
ACKNOWLEDGMENTS, ETC. 11 
 
 « 
 
 official character of the officer taking the proof or acknowledgment, 
 and the genuineness of his signature, should be procured, if the 
 jnstrument is to be recorded in another county. 
 
 9. By the laws of this State, every written instrument, except 
 promissory notes, bills of exchange, and the last wiUs of deceased 
 persons, may be proved or acknowledged, and read in evidence on 
 the trial of any action, with the same eifect, and in the same man- 
 ner, as conveyances of real estate.' 
 
 10. Where the execution of a conveyance is acknowledged by the 
 party in person, the officer taking the same must certify to the 
 identity.' 
 
 11. Where the execution is proved by a subscribing witness, he 
 must state his own place of residence, and that he knows the person 
 described in, and who executed the conveyance.' 
 
 12. A substantial compliance with the requirements of the statute 
 relative to the proof and acknowledgment of conveyances, and othe 
 instruments, is aU that is required : the identical language of the law 
 need not be used.* 
 
 13. Whenever erasures or interlineations occur in any convey- 
 ance, they should be noted previous to the execution, or mentioned 
 in the certificate of the officer taking the proof or acknowledgment' 
 
 14. Upon the application of any grantee in any conveyance, or of 
 any person claiming under or through him, verified by oath, repre- 
 senting that a subscribing witness, residing in the county where the 
 application is made, refuses to appear and testify, any officer author- 
 ized to take proofs or acknowledgments, except Commissioners of 
 Deeds and Justices of the Peace, may issue a subpoena, requiring 
 such witness to appear and testify before him.' 
 
 15. Where the subscribing witnesses to a conveyance are dead, 
 proof of its execution may be made before any officer authorized to 
 take proofs or acknowledgments of deeds, other than Commissioners 
 of Deeds, Justices of the Peace, and Comity Judges, not of the de- 
 gree of counsel in the Supreme Court. The evidence estabUshing 
 the death of the witnesses, and of the handwriting of such witnesses, 
 or of either of them, and of the grantor, with the names and places 
 of residence of the witnesses examined before the officer, must be set 
 forth in his certificate. The conveyance having been thus proved 
 and certified, may be recorded in the proper office, provided the 
 original deed is deposited in the same office, to remain there for the 
 inspection of all persons desiring to examine it Such record and 
 deposit will be constructive evidence of the execution of the said 
 conveyance, to all subsequent purchasers, although such conveyance, 
 nor the record thereof, nor the transfeript of the record, can be read 
 in evidence.' 
 
 1 J^aws of 1833, Chap. 271. | * 2 Uarbour's Ch. Rep., 232. 
 
 3 2 R. S. (3d ed.) 42, § 12; 11 Johnson, 434 
 2Cowen, 652: 4 Wendell, 561 ; 13 Id., 541 
 
 s 2 R. S., ffld ed ) 42, § 15 ; 7 Wendell. 304 
 I llill, l-i. 
 
 » 8 Cowcn, 71 ; 7 Wendell, 364. 
 
 « 2R. S. (3aed.)43, §§I6, 17. 
 
 ' 2 R. S., (3d ed.) 46, §5 30-33 
 
12 
 
 KEW CLEKK'S ASSISTANT. 
 FORMS. 
 
 § 1. Certificate of acknowledgment hy parly Tenown to the officer. 
 County, ss:' 
 On this first day of May, in the year of our Lord one thousand 
 eight hundred and forty-five, before me personally came A. B., to 
 me known to be the individual described in, and who executed the 
 within \or, above, or, annexed] conveyance [or, bond ; or, letter of 
 attorney; or, instrument in writing,] and acknowledged that he 
 executed the same, for the purposes therein mentioned. 
 
 G. H., County Judge of said county. 
 
 §2. 
 
 Certificate where identity of Party is proven to the officer. 
 County, ss : 
 On this first day of May, &c., before me personally came A. B., 
 proven to me satisfactorily to be the same person described in, and 
 who executed the within conveyance, by the oath of C. D., subscri- 
 bing witness thereto,^ who being by me duly sworn, did depose and 
 say, that he resided in the city of Auburn, in the county of Cay- 
 uga ; that he was acquainted with the said A. B., and that he knew 
 him to be the same person described iu and who executed the within 
 conveyance : and, thereupon, the said A. B. acknowledged that he 
 executed the same. 
 
 E. F., Justice of the Peace in and for said county. 
 
 § 3. By Basband and Wife — known to the Officer. 
 County, ss : 
 On this first day of May, &c., before me personally came A. B., 
 and Mary his wife, to me known to be the individuals described in, 
 and who executed the within conveyance, and acknowledged that 
 they executed the same ; and the said Mary acknowledged, on a 
 private examination by me made, apart from her husband, that she 
 executed the said conveyance freely, and without any fear or com- 
 pulsion of him. 
 
 C. D., Commissioner of Deeds in and for said county. 
 
 § 4. By Husband and Wife — proven to the Officer. 
 % County, ss : 
 
 On this first day of May, &c., before me personally came A. B, 
 and Mary his wife, both proven to me satisfactorily to be the same 
 persons described in, and who executed the within conveyance, by 
 
 1 If a conveyance or instrument is proved 
 or acknowledged in this State, but to be used 
 or recorded m another State, the name of 
 the State should be inserted in the heading of 
 the centificate as well as that of the county. 
 
 s If the person by whose oath the identity 
 is established, is not a subscribing witness, 
 the words in italic, in the above and subse. 
 quent forms muBt,be omitted. 
 
ACKNOWLEDGMENTS, ETC. 13 
 
 the oath of John Smith, iuhscrihing witness thereto, who being by 
 me duly sworn, did depose and say, that he resided in the town of 
 in said county ; that he was acquainted with the said A. B., 
 and Mary his wife ; that he knew them to be the same persons 
 described in, and who executed the within conveyance : and, there- 
 upon, they severally acknowledged before me that they executed the 
 same ; and the said Mary, &c., [as in § 3, to the end.J 
 
 E. F., Justice, &c.' 
 
 § 5. £i/ Emband and Wife — Husband known, and Wife proven 
 to the Officer. 
 
 County, ss: 
 On this first day of May, &c., before me personally came A. B., 
 and Mary his wife ; the said A. B. being known to me to be the same 
 person described in, and who executed the within conveyance ; and 
 the said Mary being proven to me satisfactorily to be the same per- 
 son described in, and who executed the within conveyance, by the 
 oath of John Smith, subscribing witness thereto, who being by me 
 duly sworn, did depose and say, that he resided in the town of 
 in said county ; that he was acquainted with the said Mary, the wife 
 of the said A. B., and that he knew her to be the same person 
 described in, and who executed the said conveyance ; and, thereupon, 
 the said A. B., and the said Mary his wife, severally acknowledged 
 that they executed the same ; and the said Mary, &c., [as in ^ 3 to 
 the end.} E. F., Justice, &c. 
 
 8 6. By two Husbands and their Wives, 
 
 County, ss: 
 On this first day of May, &c., before me personally came A. B., 
 and Mary his wife, and C. D., and Lucy his wife, known to me to 
 be the individuals described in, and who executed the within convey- 
 ance, and severally acknowledged that they executed the same ; and 
 the said Mary and Lucy, severally, each for herself, acknowledged, 
 on a private examination by me made, apart from her husband, that 
 she executed the same freely, without any fear or compulsion of him, 
 
 E. F., Justice, &c. 
 
 § 7. By Wife in separate Certificate. 
 
 County, ss: 
 On this first day of May, &c., before me personally came M B., 
 wife of A. B., described in the within conveyance, the said M B. 
 being known to me to be the individual described in, and who 
 
 1 The official title of the officer should alwaja be written in full, and not abbreviated. 
 
14 NEW CLERK'S ASSISTANT. 
 
 executed tLe said conveyance ; and she acknowledged in a private 
 examination by me made, apart from her husband, that she executed 
 the. same freely, without any fear or compulsion of him. 
 
 E. F., Justice, &c. 
 
 § 8. By two or more Parties. 
 County, ss: 
 On this first day of May, (fee, before me personally came A. B., 
 and C. D., to me known to be the individuals described in, and who 
 executed the within conveyance, and they severally, each for himself, 
 acknowledged that they executed the same. 
 
 E. F., Justice, &c. 
 
 § 9. By five persons — three hnown and two identified, 
 Coimty, ss: 
 On this first day of May, &c., before me personally came A. B., 
 C. D., and E. F., to me known to be three of the individuals 
 described in, and who executed the within conveyance; and also 
 came G. H. and I. J., satisfactorily proven to me to be two of the 
 individuals described in, and who executed the within conveyance, 
 by the oath of M. M., subscribing witness thereto, who being by me 
 duly sworn, did depose and say, that he resided in the town of 
 
 in said county ; that he was acquainted with the said G. H. and 
 I. J., and that he knew them to be the two individuals described in, 
 and who executed the within conveyance: and, thereupon, the said 
 A. B., C. D., E. F., G. H., and I. J., severally acknowledged before 
 me that they executed the same, for the purposes therein mentioned. 
 
 0. P., Justice, (fee. 
 
 § 10. By one of several Parties. 
 County, ss: 
 On this first day of May, (fee, before me personally came A. B., 
 to me known to be one of the individuals described in, and who exe- 
 cuted the within conveyance, and acknowledged that he executed 
 the same. E. F., Justice, <fec. 
 
 § 11. By an Attorney. 
 
 County, ss: 
 
 On this first day of May, (fee, before me personally came A. B., 
 
 known to me to be the same person described in, and who executed 
 
 the within conveyance, and acknowledged that he executed the same 
 
 as the act and deed of C. D., therein described, bv virtue of a nower 
 
ACKNOWLEDGMENTS. ETC. 15 
 
 of attorney duly executed by the said C. D., bearing date the 
 
 day of , in the year , and recorded in the 
 
 oflBce of the Clerk of the county of Onondaga, in book A of Powers 
 of Attorney, page 39, on the day of , in the 
 
 year . E. F., Justice, dsc. 
 
 § 12. By Attorney known to the Officer. 
 County, ss: 
 On this first day of May, (fee, before me personally came A. B., 
 known to me to be the Attorney in fact of C. D., the individual 
 described in, and who executed the within conveyance, by his said 
 Attorney ; and the said A. B. acknowledged that he executed the 
 same, as the act and deed of the said C. D. 
 
 E. F., Justice, &c. 
 
 § 13. By Attorney proven to the Officer. 
 
 County, ss: 
 On this first day of May, <fec., before me personally came A. B, 
 proven satisfactorily to me to be the same person described in, and 
 who executed the within conveyance, as the Attorney in fact of C. 
 D., by the oath of G. H., subscribing witness thereto, who being by 
 me duly sworn, did depose and say, that he resided in the town of 
 in said county ; that he was acquainted with the said A. B., and 
 that he knew him to be the individual described in, and who exe- 
 cuted the said conveyance, as the Attorney in fact of C. D. : and, 
 thereupon, the said A. B. acknowledged before me that he executed 
 the same, as the act and deed of the said C. D. 
 
 E. F., Justice, &c. 
 
 , § 14. By an Executor or Trustee. 
 County, ss: 
 On this first day of May, &c., before me personally came A. B., 
 known to me to be the Executor of the last wiU and testament \or. 
 Trustee of the estate] of C. D., mentioned and described in the 
 within conveyance, and the said A. B. acknowledged before me that 
 he executed the same, as such Executor, [or, Trustee,] as aforesaid. 
 
 E. R, Justice, &c. 
 
 § 15. By a Sheriff. 
 County, ss; 
 On this first day of May, &c., before me personaEy came A. B., 
 Esquire, Sheriff [or, late SheriflF] of the county of , to me 
 
 known to be the same person described in, and who executed the 
 ■within conveyance, and acknowledged that he executed the same. 
 
 E. F., Justice, &c. 
 
*6 NEW CLERK'S ASSISTANT. 
 
 § 16. By a Deputy Sheriff. 
 County, ss : 
 On this first day of May, &c., before me personally came 0. D, 
 to me known to be the individual described in, and who executed 
 the within conveyance, as the general deputy of A. B., Esquire, 
 Sheriff of the county of , and aclmowledged that he exe- 
 
 cuted the said conveyance, as such general deputy as aforesaid. 
 
 E. E., Justice, &o 
 
 § 17. By a Party to confirm Deed executed dwrmg Infancy. 
 
 County, ss: 
 On this first day of May, &c., before me personally came A. B., 
 to me known to be the individual described in, and who executed 
 the within conveyance, and thereupon duly acknowledged that the 
 said conveyance was formerly executed by him when he was an 
 infant imder twenty-one years; that he has since arrived at fuH 
 age, and is desirous of confirming his former execution thereof; and 
 that he now acknowledges that he executed the same, as and for his 
 act and deed. E. F., Justice, &c. 
 
 § 18. Certificate of Proof hy Sviscribing Witness known to the 
 
 Officer. 
 County, ss: 
 On this first day of May, (fee, before me personally came C. D., 
 subscribing witness to the within conveyance, to me known, who, 
 being by me duly sworn, did depose and say, that he resided in the 
 town of in said county ; that he knew A. B., the individual 
 
 described in, and who executed the said conveyance; that he 
 was present and saw the said A. B. sign, seal, and deliver the same, 
 as and for his act and deed; and that the said A. B. acknowledged 
 the execution thereof: whereupon the said C. D. became the sub 
 scribing witness thereto. E. R, Justice, &c. 
 
 § 19. By SiAscrihing Witness proven to the Officer. 
 County, ss : 
 On this first day of May, &c., before me personally came M. !N 
 and C. D., and the said M. N., to me known, having been by me 
 duly sworn, did depose and say, that he resided in the town of 
 
 m said county ; that he was acquainted vrith the said C. D., the 
 subscribing witness to the within conveyance, and that he knew him 
 to be the same person, which is to me satis&ctory evidence thereof 
 and the said C. D, being by me duly sworn, &c., \as m § 18, to tfit 
 «nd^ E. F., Justice, ifec. 
 
ACKNOWLEDGMENTS. ETC 17 
 
 § 20. By Subscrihmg Witness — Grantors residing in another 
 
 State. 
 County, ss: 
 On this first day of May, &c., before me personally came C. D, 
 to me known, who being by me duly sworn, (fid depose and say, that 
 he resided in the town of in said county ; that he knew A. B., 
 
 and E. his wife, the individuals described in, and who executed the 
 within conveyance ; that they severally reside in the town of 
 
 in the State of ; that he was present and saw them 
 
 sign, seal, and deliver the said conveyance, as and for their act and 
 deed, and that h^ thereupon became ike subscribing witness thereto. 
 
 E. F., Justice, &c 
 
 § 21. The same, ly Subscribing Witness proven to the Officer. 
 County, ss: 
 
 On this first day of May, &c., before me personally came M N., 
 and Q. D., and the said M. N. to me known, having been by me 
 duly sworn, did depose and say, that he resided in the town of 
 in said county ; that he was acquainted with the said C. D., the sub- 
 scribing witness to the within conveyance, and that he knew him to 
 be the same person, which is to me satisfactory evidence thereof : 
 and the said C. D., being by me duly sworn, on his oath, said, that 
 he resided in the town of in the State of • that 
 
 he knew A. B., and E. his wife, &c., \as in § 20, to the end."] 
 
 E. F., Justice, &e. 
 
 § 22. By Subscribing Witness as to the Husband, and Acknow- 
 ledgment by the Wife, both being known to the Officer. 
 Counly, ss: 
 On this first day of May, &c., before me personally came C. D., 
 to me known, who bemg by me duly sworn, did depose and say, 
 that he resided in the town of in said coimty ; that he knew 
 
 A. B., one of the individuals described in, and who executed the 
 within conveyance ; that he was present and saw the said A. B. exe- 
 cute the same, and that he, the said C. D., thereupon became the 
 subscribing witness thereto. At the same time, also appeared before 
 me E. B., the wife of the said A. B., to me personally known, who, 
 on a private examination by me made, apart from her husband, 
 acknowledged that she executed the within conveyance freely, with- 
 out any fear or compulsion of her said husband. 
 
 E. R, Justice, &c. 
 
 § 23. By Subscribing Witness as to the Susband, and Acknov- 
 ledgment.by the Wife, both proven to the officer. 
 County, ss : 
 On this first day of May, &c., before me pereonally came C. D, 
 2 
 
18 NEW CM:RK'S ASSISTAMl. 
 
 who being by me duly sworn, &c.,\as in § 22, to the end, omitting ' 
 the words in italic, and then add:\ And at the same time also 
 appeared before me, M. N., to me personally known, who being by 
 me duly sworn, did depose and say, that he resided in the town of 
 in the county of ; that he knew the said C. D. to be the 
 same person who was a subscribing witness to the within convey- 
 ance; and that he also knew the said E. B., who made the aforesaid 
 acknowledgment, to be one of the individuals described in, and who 
 executed the said conveyance, which is to me satisfactory evidence 
 thereof E. F., Justice, &c. 
 
 § 24. By Subscribing Witness to Deed executed by an Attorney. 
 County, ss : 
 On this first day of May, <fec., before me personally came C. D., 
 to me known, who being by me duly sworn, did depose and say, that 
 he resided in the town of in said county ; that he knew A. B., 
 
 the person described in, and who executed the within conveyance, 
 as the Attorney in fact of M. N. therein named ; that he was pre- 
 sent and saw the said A. B. execute the same as such Attorney, and 
 that he, the said C. D., thereupon became the subscribing witness 
 thereto. E. F., Justice, &c. 
 
 § 26. Proof of the execution of a Deed where the Subscribing 
 Witnesses are dead. 
 County, ss : 
 
 On this first day of May, &c., before me personally came G. H., 
 to me known, who being by me duly sworn, and the within convey- 
 ance being shown to him, did depose and say, that he knew the 
 parties therein described; that he was well acquainted with A. B., 
 the grantor; that he had frequently seen him write, and knew his 
 handwriting ; and that the name of the said grantor subscribed to 
 the said conveyance was in the proper handwriting of the said A. B. 
 
 And the said G. H. further on his oath said, that he was well 
 acquainted with C. D., one of the subscribing witnesses to the said 
 conveyance, and with his handwriting; that the .said C. D., at the 
 time of the date of said deed, resided in the town of in the 
 
 county of , and has been dead about one year; and that 
 
 the name of the said C. D., deceased, subscribed as a witness tc 
 said conveyance, was in his proper handwriting. 
 
 And the said G. H., further deposed and said, that at the time of 
 the date of said conveyance, he was, and for several jears had been, 
 also acquainted with one E. F., a shoemaker, who then resided in 
 the said town of , in the county of , and m the neighbor- 
 
 hood of the said grantor ; that the said E. F. died at the town of 
 aforesaid in the year 1844, and since the date of said con 
 veyanoe; that he, the said G. H., was not acquainted with the hand 
 
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ACKNOWLEDGMENTS, ETC, 19 
 
 ■writing of the said E. F. ; that he has neyer known or heard of any 
 other person of the name of E. F. ; [ «/■ necessary, insert, residing in 
 the neighborhood of said grantor,] and that he cannot say in whose 
 handwriting the name of the said E. F. is subscribed to the said 
 conveyance. 
 
 And I hereby certify, that the aforesaid deposition of the said 
 G. H. is to me satisfactory evidence of the death of all the wit- 
 nesses to the within conveyance, and of the handwriting of C. D., 
 one of the said witnesses, and of the handwriting of A. B., the 
 grantor therein named. 
 
 , J. P. H., County Judge of said county. 
 
 § 26. Proof of Deed executed by a Moneyed Corporation. 
 Cayuga County, ss: 
 
 On this first -day of May, <fec., before me personally came N. 
 B., the President of the Cayuga County Bank, to me Imown, who 
 being by me duly sworn, did depose and say, that he resided in 
 the city of Auburn, in said county; that he was the President 
 of the Cayuga County Bank ; that he knew the corporate seal of 
 the said Bank ; that the seal affixed to the within conveyance was 
 such corporate seal ; that it was so affixed by order of the 
 Board of Directors of the said Bank; and that he signed his name 
 thereto by the like order as President of said Bank. [If the con- 
 veyance is proven by a Cashier, or the Secretary of a Company, 
 and executed by Mm and the President, substitute Secretary, or 
 Cashier, /or President, and the name of the Company for the BanTe, 
 in the foregoing, and then add: And he the said N. B. further said, 
 that he also Imew C. D., the President, of the said Bank, \or. 
 Company,] and that the signature of the said C. D., subscribed to 
 the said conveyance was in the genuine handwriting of the said 0. 
 D., and was thereto subscribed, in the presence of the said N. B, 
 by the like order of the said Board of Directors.] 
 
 E. R, Justice, &C. 
 
 § 27. The same, by a Jieligioiis Corporation. 
 County, ss: 
 On this first day of May, &c., before me personally came A. B.j 
 to me known, who, being by me duly sworn, did depose and say, 
 that he resided in the town of in said county, and was the 
 
 Clerk of the Corporation of the Eector, Churchwardens, and Vestry- 
 men of the Protestant Episcopal Church of St Peter's [or, the Cor- 
 poration of the Trustees of the first Methodist Episcopal Society,] in 
 the town of aforesaid ; that the seal affixed to the within con- 
 
 veyance was the corporate seal of the said corporation, and that it 
 was affixed by order of the said corporation. [If necessary add 
 clause proving the handwriting of the subscribers to the conveyance.'] 
 
 E. F., Justice, (fco. 
 
20 
 
 HEW CLERK'S ASSISTANT. 
 
 § 28. Form of acknowledgment in New England States} 
 Commonwealth [or. State] of , ) 
 
 County of , f^* 
 
 Salem, May 1, 1847. 
 Then personally appeared before me, the within \or, above 
 named A. B., and acknowledged [or, and C. B. his wife, and seve- 
 rally acknowledged] the foregoing instrument to be his [or, their] 
 tree act and deed. E. F., Justice, &c. 
 
 § 29. Acknowledgment in Pennsylvania. 
 State of Pennsylvania, ) 
 Mercer County^ [ * 
 
 The first day of May, &c., before me, one of the Justices of the 
 Peace, [or, one of the Judges of the Court of Common Pleas] in and 
 for said county, personally appeared the above named A. B., and 
 acknowledged \or, and C. B. his wife, and severally acknowledged] 
 the foregoing written indenture to be his [or, their] act and deed, to 
 the end that the same might be recorded according to law. [If 
 necessary, add: And she, the said Caroline, being of lawful age, and 
 being examined by me separate and apart from her husband, and 
 the contents of said indenture being fidly made known to her, did 
 declare, that she did voluntarily, and of her own free will and accord, 
 seal, and as her act and deed deliver, the same, without any coercion 
 or compulsion of her said husband whatever.] 
 
 Witness my hand and seal 
 
 E. R, Justice, (fee. [l. s.]' 
 
 § 30. Acknowledgment ly Husband and Wife in Michigan. 
 State of Michigan, ) 
 
 Wayne County, J 
 Be it remembered, that on this first day of May, &c., before me, 
 a Justice of the Peace in and for the county aforesaid, appeared A. 
 B., and Mary his wife, and severally acknowledged that they had 
 severally executed the within instrument, for the uses and purposes 
 therein mentioned: And the said Mary, on a private examination 
 apart from her husband, acknowledged that she executed the within 
 instrument freely, and without fear or compulsion from any one.* 
 And I further certify, that the persons who made said acknowledg- 
 ment are known to me to be the individuals described in, and who 
 executed the within instrument E. F., Justice, &c. 
 
 1 The acknowledgment may be before a 
 Judge of a Supreme or Circuit Court, Notary 
 Fublic, Mayor of a city, Conunisaioner 
 
 appomted in another State, or a foreign Min- 
 ister or Consul of the United States. 
 
 3 A simple scroll, made with a pen, is suf* 
 ficient to constitute a seal in Pennsylvania. 
 
ACKNOWLEDGMENTS. ETC. 
 
 § 31. The same, in Ohio. 
 State of Ohio, ) 
 
 Hamilton County, f ' 
 Be it remembered, &c., [as in 30, to the *.] 
 
 21 
 
 E. F., Justice, &c. 
 
 The same, in Illinois. 
 
 §32. 
 State of niinois, ) 
 Cook County, J 
 Be it remembered, that on the &st day of May, &c., before me, 
 the subscriber, one of the Justices of the Peace in and for said 
 county, personally appeared A. B., and Mary his wife, to me person- 
 ally laiown to be the individuals described in, and who executed the 
 within deed, and severally acknowledged that they had executed the 
 same :* And the said Mary, after I had made her acquainted with 
 and explained to her the contents of the said deed, on an examina- 
 tion separate and apart from her said husband, acknowledged the 
 same to be her act and deed, and that she executed the same volun- 
 tarily and freely, and vrithout compulsion of her said husband, and 
 that she does not wish to retract E. F., Justice, &c. 
 
 § 33. The same, in Indiana. 
 State of Indiana, ) 
 
 Jackson County, ) 
 Be it remembered, <fec., \as in § 32 to the *, and then addi\ 
 And the said Mary, on a private examination, separate and apart 
 from, and out of the hearing of her husband, acknowledged that she 
 executed such deed of her own free wiU and accord, vnthout any 
 coercion or compulsion of her husband. E. F., Justice, &c. 
 
 .1 
 
 ss: 
 
 § 34. The same, in Alahama} 
 State of Alabama, 
 
 Lowndes County, 
 
 This day, before me, Gr. H., Esq., Judge, &c., personally appeared 
 A. B., and acknowledged, [or, and M. B. his wife, and severally 
 acknowledged] that he \or, they] signed, sealed, and delivered the 
 foregoing deed to C. D., on the day and year therein mentioned, as 
 his \or, their] voluntary act and deed. \If necessary, add: And 
 the said M. B., on a private examination, apart from her husband, 
 acknowledged that she signed, sealed, and deUvered the said deed, 
 as her voluntary act, freely, and without any fear, threats, or com- 
 pulsion of her husband.] 
 
 Given under my hand and seal, this day of , in the year 
 eighteen hundred and . G. H. [l. s.] 
 
 1 The acknowledgment may be taken 
 before a Judge of any Supreme Court, Clerk 
 af a Circuit Court, Notary Public, or Com 
 
 missioner for Alabama. Ae in Pennsylvania, 
 a MToU of the pen constitutes a seal. 
 
22 NEW CLERK'S ASSISTANT. 
 
 § 35. Satisfaction of Mortgage and Acknowledgment, bg individual 
 known to the Officer. 
 
 I, A. B., of the town of in the county of and State 
 
 of , do hereby certify, that a certain mortgage, bearing date 
 
 the day of , in the year one thousand eight hundred 
 
 and , made and executed by C. D., of the first part, to me, 
 
 the said A. B., of the second part, and recorded in the office of the 
 Clerk of the County of , in book 21 of mortgages, at pages 250 
 
 and 251, on the first day of May, A. D., 1845, [«/ the mortgage has 
 been assigned, insert the name of the assignee instead of A. B., at 
 the commencement of the certificate; omit the words, " me, the said,' 
 in Italic; aud insert here: and which said mortgage was duly 
 assigned to me by the said A. B., the mortgagee above named, by 
 assignment dated the day of , in the year , and recorded 
 m the office of the Clerk of the county of aforesaid, in book 20 
 of mortgages, at page 9, on the tenth day of June, A. D., 1845,] is 
 fully paid, satisfied and discharged. Dated the first day of July, 
 1846. A B. 
 
 In presence of 
 G. H. 
 
 County, ss: 
 On this , day of , in the year one thousand eight 
 
 hundred and forty-five, before me came A. B., known to me to be 
 the individual described in, and who executed, the above certificate, 
 and acknowledged that he executed the same. 
 
 E. ¥., Justice, &c. 
 
 § 36 Certificate of Satisfaction to he written on the Mortgage. 
 
 I, A. B., the mortgagee within named, [or, the assignee of the 
 within named mortgagee,] do hereby certify that the within named 
 mortgage is fully paid, satisfied and discharged Dated the day 
 of , A D., 18 . A B. 
 
 [Add acknowledgment, as in ^ 35.] 
 
 § 37. Satisfaction ly an Executor, Administrator or Trustee. 
 
 I, A B., executor of the last will and testament of C. D., deceased, 
 I or, administrator of the goods, chattels and credits, which were- of 
 C. D., deceased; or, trustee of the estate of C. D., &c.,] do hereby 
 certify that a mortgage made and executed by E. F. to the said 0. 
 p., in his lifetime, \or, to me as such trustee as aforesaid,] bearing 
 date, (fee. [Follow the preceding forms, as the case may required 
 
 In presence of A B. 
 
 G.H. 
 
jvCRNOWLEDGMENTS, ETC. 23 
 
 § 38. Aclinowledgment of Satisfaction by Individual ^proven to 
 the Officer. 
 County, ss : 
 
 On this first day of May, &c., before me personally came A. B., 
 satisfactorily proven to me to be the same person described in, and 
 who executed ' the above certificate, by the oath of C. D., to me 
 Known, who, being by me duly sworn, did depose and say : that he 
 resided in the town of in said county; that he was 
 
 acquainted with the said A. B. ; and that he knew him to be the 
 same person described in, and who executed, the above certificate, 
 which is to me satisfactory evidence thereof : and, thereupon, the 
 said A. B. acknowledged before me, that he executed the said 
 certificate. E. F., Justice, &c. 
 
 § 39. Proof of Execution of Qertificate, by Subscribing Wit- 
 ness known to the Officer. 
 County, ss : 
 On this first day of May, &c., before me personally came C. D., 
 subscribing witness to the above certificate, to me known, who being 
 by me duly sworn, did depose and say, that he resided in the town 
 of in said county ; that he was acquainted with A. B. ; 
 
 that he knew him to be the same person described in, and who 
 executed the above certificate ; that he saw him sign the same : that 
 ihe said A. B. acknowledged the execution thereof in his presence ; 
 and that he subscribed his name as a witness thereto. 
 
 E. F., Justice, &c. 
 
 § 40. The same, by Subscribing Witness proven to the Officer. 
 County, ss: 
 
 On this first day of May, &c., before me personally came L. M., 
 to me known, and C. D. ; and the said L. M. being by me duly 
 sworn, did depose and say, that he resided in the town of in 
 
 said county ; that he was acquainted with the said C. D., and that 
 he knew him to be the same person who is the subscribing witness 
 to the above certificate, which is to me satisfactory evidence of his 
 identity ; and the said C. D., being by me duly sworn, did depose 
 and say, that he resided in the town of in the county 
 
 of ; that he was acquainted with A. B. [as in §39, to 
 
 the end-l E. F., Justice, &c. 
 
 § 41. Certificate of Satisfaction by a Corporate Company, with 
 Proof of Execution. 
 I, J. S. S., President of the Bank of Auburn, do hereby certify, 
 that a certain mortgage bearing date the first day of June, one thou- 
 sand eight hundred and forty-one, made and executed by C. D., and 
 E. his wife, to F. G., and by the said F. G. assigned to the said 
 
24 
 
 NEW CLEEK'S ASSISTANT. 
 
 Bank of Auburn, by assignment dated the tenth day of July, one 
 thousand eight hundred and foriy-three, and recorded in the office 
 of the Clerk of the county of Cayuga, in book No. 34 of mortgages, 
 page 99 ; and which said mortgage was recorded in the office of the 
 Clerk of the county of Cayuga aforesaid, in book No. 30 of mort- 
 gages, pages 10 and 11, on lie second day of June, A. D. 1841, is 
 nilly paid,' satisfied, and discharged. 
 
 In witness whereof, the said Bank of Auburn has caused its cor- 
 porate seal to be hereunto affixed, the first day of May, in the year 
 one thousand eight hundred and forty-five. 
 
 [l. s.] J. S. a, President 
 
 In presence of 
 C. H.M. 
 Oayuga County, 6s: 
 
 On this first day of May, &c, before me personally came J. S. S.^ 
 in the above certificate mentioned. President of the Bank of Auburn 
 aforesaid, to me known ; and the said J. S. S., being by me duly 
 sworn, did depose and say, that he resided in the town of , 
 
 in the said county : that the seal affixed to the above certificate was 
 the corporate seal of the said Bank of Auburn, and was affixed there- 
 to by the order of the Board of Directors of said Bank ; and that he 
 subscribed his name thereto by the like order. 
 
 E. P., Justice, &c. 
 
 § 42. Satisfaction, of Judgment in a Jmtice's Court, where a 
 Transcript is fled in the County Clerk's Office} 
 Coimty Clerk's Office. 
 A. B. ^ Judgment rendered m favor of the plaintiflF against 
 against > defendant, before E. R, Esq., a Justice of the Peace in 
 C. D. ) and for said county, for dollars and cents, 
 
 damages and costs. 
 
 Transcript filed and Judgment docketed, the day of , in 
 the year 1845. 
 
 Satisfaction of the above mentioned judgment is hereby acknow- 
 ledged. A. B. 
 
 Subscribed and acknowledged before me, the day of in 
 
 the year 1848, by A. B., known to me to be the plaintiff above 
 named, [or, made known to me by the oath of E. F,, to be, &c. ■ or 
 known to me to be one of the plaintiffs, &c.] 
 
 E, F., Justice, &c 
 
 >2B.S.(8decL)844,$12». 
 
ACKNOWLEDGMENTS, ETC. 25 
 
 § 43. Satisfaction of Judgment in a Court of Record} 
 
 Supreme Court, [or, County Court,] 
 
 A. B. 1 Of the day of January, one thousand eight 
 
 against v hundred and forty-seven. 
 
 C. D. ) Satisfaction for $ 
 
 Satisfaction is acknowledged between A. B., plaintiff, and C. D., 
 defendant, for dollars. Judgment docketed the tenth day of 
 
 January, one thousand eight huncbed and forty-five, in the office of 
 the clerk of county. 
 
 A. B., [or, T. S., Attorney for plaintiff.] 
 
 Subscribed and acknowledged before me, the day of , 
 1847, by A. B., known to me \or, made known to me,] to be the 
 plaintiff in the above entitled cause, \or, the Attorney for the plain- 
 tiff' in the above entitled cause.] E. F., Justice, &c. 
 
 § 44. Application for a Subpoena to compel a Subscribing 
 Witness to attend before an officer, to prove the Exe- 
 cution of a Conveyance. 
 
 To G. H. Esq., County Judge of county : 
 
 I, A. B., do hereby make application to you to issue a subpoena, 
 requiring E. R, who resides in the town of in said county, to 
 
 appear and testify before you, touching the execution of a certain 
 conveyance of real estate, made and executed by I. J., to me, the 
 said A. B., [or, if the application is made by the heir, or personal 
 representative of the grantee, name such grantee,^ and to which the 
 said E. F. is a subscribing witness; the said E. F. having refused, 
 upon my request, to appear and testify touching the execution of the 
 said conveyance ; and the same not having been proved or acknowl- 
 edged, cannot be so proved or acknowledged without the evidence 
 of the said E. F. Dated the first day of July, 1847. A. B. 
 
 County, ss: 
 A, B. the applicant above named, being duly sworn, says that 
 the facts stated and set forth in the above application are true. 
 Sworn to before me, ) 
 
 this fixst day of July, 1847. f 
 G. H., County Judge. 
 
 J Satisfaction of Judgments in Courts of ( within two 7ears after filing the recorii. 
 Record, may he acknowledged by the Attorney, | 2 R. S., (3d ei.) 469 $ 3S. 
 
26 
 
 NEW CLERK'S ASSISTANT. 
 
 § 45. Form of the Svhpoena} 
 County, ss: 
 To E. F., of the town of in said county : 
 
 In the name of the People of the State of New York, you are 
 hereby commanded to appear before me, at my office, \or, dwelling 
 house,] in the town of , in said county, on the day of 
 
 July, instant, at ten o'clock in the forenoon, then and there to testify, 
 touching the execution of a conveyance of real estate, from I. J. to 
 A. B., to which you are a subscribing witness, as appears by the 
 application of the said A. B. to me made under oath. Hereof fail 
 not at your peril. Given imder my hand, this first day of July 
 1847. G. H., County Judge. 
 
 § 46. Affidavit to obtain Warrant, to he endorsed on the original 
 
 Subposna. 
 County, ss: 
 A. B., of , being duly sworn, says, that on the first day of 
 
 May, instant, at the town of , in said county, he served the 
 
 within subpoena on E. F., therein named, personally, hy then and 
 there showing him the same, and delivering to him a true copy there- 
 of, and by paying [or, tendering] to him the sum of for his fees 
 for travelling to the place specified in the said subpijena, and for his 
 attendance in pursuance thereof A. B. 
 
 Sworn to before me, ) 
 
 this day of " , &c. j 
 
 G. H. County Judge. 
 
 § 47. Warrant. 
 County, ss: 
 To the Sheriif of said county, greeting : 
 
 In the name of the People of the State of New York, you ar* 
 hereby commanded forthwith to apprehend E. ¥., in your county, 
 and bring him before me, G. H., Esq., County Judge of said county, 
 at my office in the town of , in said coimty, to testify touching 
 the execution of a conveyance of real estate, from I. J. to A. B., to 
 which the said E. F. is a subscribing witness, as is said ; the said E. 
 F. having been duly subpoenaed to appear before me, to testify touch- 
 ing the execution of the said conveyance, and having, without 
 reasonable cause, neglected [or, refused] to attend in pursuance 
 
 1 This Subpoena ia to be served by showing 
 the original, under the hand of the officer, to 
 the witness, and at the same time delivering 
 .0 him a copy thereof, and paying or tender- 
 ing him the legal fees for one day's attend- 
 ance, which are fifty cents for attendance ; 
 and if the witness resides more than three 
 miles from the place of attendanoe, travelling 
 fees, at the rate of four cents per mile going 
 and returning. 8 R. S. (3d ed.) 497, §54; 
 
 Laws of 1840, Chap. 385. If the witness refu- 
 ses to appear after the service of the Sub- 
 posna, without good cause, the officer issuing 
 the same has power to compel his attendance, 
 by warrant directed to the Sheriff of the coun- 
 ty. 2 R. S. (;3d ed.) 498, § 66. And if ha 
 still persists in refusing to testify, or to an- 
 swer a legal question, without reasonable 
 cause, he may be committed to the common 
 jail of the county. ' Id., § 57. 
 
ACKNOWLEDGMENTS, ETC. 27 
 
 thereof Giyen under my hand and seal, the day of July, 
 
 1847. G. H. [l. s.] ■ 
 
 § 48. Commitment for Refusal to Testify. 
 By G. H., County Judge of county, to A. P., Sheriff of 
 
 the said county, greeting : 
 E. F., having this day been brought before me on a waiTant by 
 me issued, to compel his attendance to testify [where the witness 
 appears in pursuance of the subpoena, say: having this day appeared 
 before me, in pursuance of a subpoena by me issued, requiring him 
 to appear and testify] touching the execution of a conveyance of 
 real estate, from I. J, to A. B., to which the said E. F. is a subscrib- 
 ing witness, as is said; and the said E. F., although required by 
 me, having refused to answer upon oath [if the commitment is made 
 on account of the refusal of the witness to answer a particular ques- 
 tion, deemed pertinent by the officer, insert here: the foUowtng 
 question, &c., specifying it partiadarlyl touching the execution of 
 the said conveyance. I do, therefore, in the name of the people of 
 the State of New York, command you forthwith to convey the said 
 E. F. to the jail of the said county, and there commit him to close 
 custody in such jail, without bail, and without the liberties of the 
 jail, until he shall submit to answer on oath as aforesaid, [or, the 
 question aforesaid,] or be discharged according to law. Given under 
 my hand and seal, the day of July, 1847. 
 
 G. H. [l. s.] 
 
 8 49. Oath to be administered to a Subscribing Witness.^ 
 You do solemnly swear, that you will true answers make, to such 
 questions as shall be put to you, touching the execution of this 
 deed: So help you God: [Or, You do swear in presence of the 
 ever-living God, that, &c., as above, omitting the words: So help you 
 God : or, You do solemnly, sincerely, and truly affirm and declare, 
 that, &c., as above, omitting the words as aforesaid.'] 
 
 8 50. Oath to a Witness proving the identity of the Parties, or 
 
 of the Subscribing Witness, to a Conveyance. 
 You do solemnly swear, that you vrill true answers make to such 
 . questions as shall be put to you, touching the identity of the parties 
 or, the subscribing witness] to this conveyance. So help you God. 
 'ff necessary, vary as in the foregoing form.] 
 
 § 51. Oath to a Deponent. 
 You do solemnly swear, that the contents of this affidavit, by you 
 subscribed, are true. So help you God. [Vary as above when 
 necessary.] 
 
 1 For the provisions of ths Statute in relation to the administration of oatlu, vide 2 
 R. S. (3d (d.) 60^5. 
 
CHAPTER n. 
 
 AGEEEMENTS AND CONTEACTS, 
 
 PRACTICAL REMARKS. 
 
 1. In tte following cases, every agreement is void, iinless such 
 agreement, or some note or memorandum thereof expressing tte 
 consideration, be in writing, and subscribed by the party to be 
 charged therewith:' 
 
 1. Every agreement that, by its terms, is not to be performed withir; 
 one year from the making thereof;" 
 
 2. Every special promise to answer for the debt, default, or miscai 
 riage of another person;" 
 
 3. Every agreement, promise, or undertaking, made upon considera- 
 tion of marriage, except mutual promises to marry.* 
 
 2. Every confj-act for the sale of any goods, chattels, or things, 
 for the price of fifty dollars, or more, is void, unless : 
 
 1. A note or memorandum of such contract be made in writing, and 
 bo subscribed by the parties to be charged thereby; or 
 
 2. Unless the buyer shall accept and receive part of such goods, or 
 the evidences, 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.' 
 
 3. Every contract for the leasing for a longer period than one 
 year, or for the sale o^ any lands, or any interest in lands, is void, 
 unless the contract, or some note or memorandum thereof, express- 
 ing the consideration, be in writing, and be subscribed by the party 
 by whom the lease or sale is to be made. An agreement to sell 
 growing trees, with the right to enter and remove, is such an inte- 
 rest in lands as to require a contract in writing.* 
 
 4. In contracts for the sale of land, where the vendee gives notice 
 
 1 2 R. S. (3d ed.) 195, § 2. 
 
 2 10 Wendell, 426 ; 13 Id., 308 ; 15 Id., 345 ; 
 3 Hill, 128 J 5 Id., 200 ; 2 Barbour's Ch. Bep. 
 221 
 
 s'4WendelI, 657; 9Id.,"273: 19Id.,557; 
 24 Id., 35, 266: 2 Hill, 663; Bid., 128, 684; 
 t Id., 178 i 5 Id., Hi, 160, 483 ; 2 Denio, 45. 
 
 * 10 Wendell, 461. 
 
 • 2 R. S. (3d ed.) 195, § 3 ; 3 Wendell, 112; 
 13 Id., 54; 17 Id., 333; 20 Id., 431 ; 23 Id.' 
 270 ; 24 Id., 323 ; 26 Id., 341 ; 5 Hill, 201 ; 1 
 Denio, 51 ; 1 Comstock, 261 ; 2 Id., 258. 
 
 2 k. S. (3d ed.) 194 § 8; 2HiU,4S5i 1 
 Denio, 550. 
 
AGREEMENTS AND CONTRACTS. 
 
 29 
 
 of a refusal to perform the contract, no tender of a deed by the ven- 
 dor is necessary in order to compel a specific performance.' 
 
 5. In every action upon a sealed instrument, and where a set-off 
 is foimded upon a sealed instrument, the seal thereof is only pre- 
 sumptive evidence of a sufficient consideration." 
 
 6. In Pennsylvania, Virginia, Alabama and Georgia, a scroll of 
 ink made with a pen constitutes a seal ; but in New York and other 
 States, wax, or some tenacious substance, is necessary, except it be 
 the seal of a court, public officer, or corporation.' 
 
 7. A party signing an instrument purporting to be executed by 
 him, with his initials only, is bound.^ 
 
 S. The term ' agree,' does not of itself import a consideration.' 
 
 9. Where one party j)uts an end to an executory contract by a 
 refusal to fulfil, the other party is entitled to an equivalent in dam • 
 ages, for the direct gains and profits which he would have realized 
 from performance, though not for the collateral gains or profits, or 
 remote dam^es. And where a person is employed at a salary 
 and discharged before the expiration of the term of service, the 
 damages wiU be reduced, if he subsequently obtained employment.' 
 
 10. Where an agreement to lease or sell lands, or a sealed instru- 
 ment, is executed by one acting as an attorney, it must distinctly 
 and clearly appear to be the act and deed of the principal ; it must 
 be executed in his name, and purport to be sealed with his seal' 
 
 11. In all ordinary cases, where the consideration is expressed, 
 there is no difference between an agreement under seal, and one not 
 imder seal, except that the former can be more easily proved, and 
 is therefore to be preferred. 
 
 12. Written contracts, capable of a sensible construction, must 
 be determined by the language itself and not by parol proof; 
 although "courts may resort to extrinsic circumstances to discover the 
 intentions of the parties.' 
 
 13. Misrepresentations of material facts, though not intended to 
 deceive, will entitle a party to rescind a contract" 
 
 14. Written contracts may be waived by parol" 
 
 1 2 Comatock, 60. 
 
 » 2 R. S. (3d ed.) 604, 1 % : 11 VSTendell, 
 tor : 15 Id., 529 J 21 Id., 646 ; 26 Id., 107 j 6 
 HiU,63. 
 
 «2 Hill, 227; 3 Id., 493. 
 
 * 1 Denio, 3, 471. 
 
 > 1 Denio, 226. 
 
 ■ 7 Hill, 61 : 1 Denio, 317; 2 Id., 609. 
 
 7 4 Hill, 351, and authorities tliere cited. 
 
 • 1 Barbour's S. G. Rep., 464, 636. 
 
 • 1 Barbour's S. C. Rep., 471. 
 
 i<> 1 Barbour's S. C. Rep., 114, 326 
 
80 mEW CLERK'S ASSISTANT- 
 
 FORMS. 
 
 § 52. General form of Agreement — Damages fixed. 
 
 This agreement made the day of , one thousand 
 
 eight hundred and , by and between A. B., of the town 
 
 of , in the county of , of the first part, and C. D., 
 
 of , of the second part, witnesseth : The said party of the 
 
 second part covenants and agrees, to and with the party of the first 
 part, to \state the subject matter of the agreement^ And the said 
 party of the first part covenants and agrees. to pay unto the said 
 party of the second part, for the same, the sum of dollars, 
 
 lawftil money of the United States, as follows : the sum of 
 dollars, on the day of , 18 *, and the sum of 
 
 dollars on the day^of ,18 , with the interest on the 
 
 amount due, payable at we time of each payment, 
 
 And for the true and faithful performance of all and every of the 
 
 covenants and agreements above mentioned, the parties to these 
 
 presents bind themselves, each unto the other, in the penal sum of 
 
 doEars, as fixed and settled damages, to be paid by the 
 
 failing party. 
 
 In witness whereof, the parties to these presents have hereunto 
 set their hands and seals, the day and year first above written. 
 
 Signed, sealed, and delivered in the [ A. B. [l. s.l 
 
 presence of G. H. j C. D. [l. s.] 
 
 § 63. Agreement on the Sale and Purchase of Personal Property. 
 
 This agreement, by and between A. B., of, &c., and C. D., of, 
 &c., made the day o^ &c., witnesseth: That the said C. 
 
 D., in consideration of the agreement hereinafter contained, to be 
 performed by A. B., agrees to deliver to the said A. B., at his 
 storehouse, in the village of , three hundred bushels of 
 
 wheat, [or, two hundred barrels of pork, as the case may ie,] of 
 good merchantable quality, on or before the day of , 
 
 18 . And the said A B., in consideration thereof agrees to 
 pay to the said C. D. the sum of one dollar for each and every 
 bushel of the said wheat, immediately upon the completion of the 
 delivery thereof. 
 
 In witness, &c., [as in § 52.] 
 
 § 54. Agreement for Building a House. 
 This agreement for building, made the day of , one 
 
 thousand eight hundred and , by and between A. B., of, 
 
 (fee, of the first part, and C. D., of, &c., of the second part, wit- 
 nesseth: That the said party of the second part, covenants and 
 agrees, to and with the said party of the first part to make, 
 
A(JREEMENTS AND CONTRACTS. 31 
 
 orect, build and finish, in a good, substantial, and workmanlike 
 manner, on the vacant lot of the said party of the first part, sit- 
 uate on street, in the village of , a dwelling-house, 
 agTeeable to the draft, plan, and explanation, hereto annexed, of 
 good substantial materials, \^If the materials are to be furnished hy 
 the party of the first part, say: of such materials as the said party 
 of the first part shall find or provide for the same,] by the 
 day of next 
 
 And the said party of the first part covenants and agrees to 
 nay unto the party of the second part, for the same, the sum 
 dollars, lawful money of the United States, as follows : 
 the sum of dollars in thirty days from the date hereof, 
 
 and the remaining sum of doUars, when the said dweUiug- 
 
 house shall be completely finished. \If necessary, add: And also, 
 that he wiU furnish and procure the necessary materials for the 
 said work, in such reasonable quantities, and at such reasonable 
 time or times, as the said party of the second part shall or may 
 require.] 
 
 And for the true and faithful performance of aU and every of 
 the covenants and agreements above mentioned, the parties tc 
 these presents bind themselves, each unto the other, in the penal 
 sum of dollars, as fixed and settled damages, to be paid by 
 
 the failing party. 
 
 In witness, &c., \as in § 62.] 
 
 § 55. Agreement for He-building Mills. 
 
 This agreement, made the day of, &c., between A, B., 
 
 of, &c., of the first part, and C. D., of, &c., of the second part, wit- 
 nesseth : That the party of the first part, for the consideration here- 
 inafter mentioned, doth promise and agree, to and with the party of 
 the second part, that he wiU, on or before the day of 
 
 next, well and sufficiently re-buUd, or cause to be re-biult, the mills 
 of the said party of the second part^ situate on the ontiet of the 
 lake, in the town of in the county of , with such 
 
 materials [i/" the worJcmen are employed by the party of the 
 second part, insert: and workmen to be employed under liim] 
 as the said party of the second part shall find and provide for 
 the same; and that he, the said party of the first part, shall not 
 absent himself, or depart from the work and re-building aforesaid, 
 without leave of the said party of the second part; and that if 
 he shall absent himself without leave, he wiU pay to the said 
 party of the second part, the sum of dollars for every 
 
 day of such absence, to be stopped and deducted froln the wages 
 becoming due to the said party of the first part, as hereinafter 
 provided. 
 
 And the said party of the second part, in consideration of the 
 
32 HEW CLERK'S ASSISTAlTr. 
 
 premises, doth promise and agree, to and -with the party of the 
 first part, to pay to the said party of the first part, the sum of 
 dollars, [or, for all such time as he shall be employed 
 in the work of re-building aforesaid, weekly, and every week, the 
 sum of dollars, and so in proportion for a less time 
 
 than a week; and, in addition thereto, the sum of dol- 
 
 lars,] on the completion of the work and re-bmlding aforesaid. 
 In witness, &c., [as in § 52.] 
 
 § 56. Agreement for mahing Flour Barrels. 
 
 This agreement, made the day of, &c., between A. B., 
 
 of, &c., of the first part, and C. D., o^ &e., of the second pai-t, 
 witnesseth: That the said A. B., for the consideration hereinafter 
 mentioned, agrees to make, or cause to be made, for the said C. 
 D., at the cooper-shop of the said C. D., in the town of , 
 
 two thousand good, hard, well seasoned flour barrels; the staves 
 and heading to be of white oak timber, and the hoops of black 
 ash, either round or square, as the said C. D. shall (hreot The 
 materials are to be furnished by the said A. B., at his own pro- 
 per cost and charge, and he is to have the free and uninterrupted 
 use of the tools in the shop of the said C. D., as aforesaid, with- 
 out paying any thing for the same. 
 
 In consideration whereof, the said C. D. agrees to pay to the 
 said A.'B. the sum of thirty cents, for 'each and every of the said 
 two thousand barrels; such payment to be made as often as the 
 said A. B. shall have completed one hundred barrels, in the pro- 
 per proportion for the same. 
 
 In witness, <fec., \as in § 52.] 
 
 § 57. Agreement to Sell and Deliver Cord- Wood, or Stone. 
 
 This agreement, made the day of, &c., between A. B., 
 
 of, &c., and C. D., o^ <fec., witnesseth : That the said A. B., for 
 the consideration hereinafter mentioned, agrees to sell to the said 
 C. D., five hundred cords of seasoned maple and beech cord-wood 
 and to deliver, and securely pile the same, on the berm bank of 
 the Erie Canal, immediately east of bridge, in the town of 
 
 , [or, one thousand perches of good quarry stone suit- 
 able for building, and to dehver and cord the same, on the south 
 side of the vacant lot of the said 0, D., situate on street, 
 
 in the vUlage of ,] on or before the day of next 
 
 In consideration whereof, the said C. D., agrees to pay to the 
 said A. B. the sum of for each and every cord of wood, [or, 
 perch of stone,] as aforesaid, upon the final and complete delivery 
 thereof 
 
 In witness, &c., [as in § 52.] 
 
AGREEMENTS AND CONTRACTS. 35 
 
 § 58. Agreement to sell Stoch in Grocer]/ Store. 
 
 This agreement, made the day of , in the year 
 
 1845, between A. B., of, &c., and C. D., of, &c., witnesseth: That 
 the said A. B., for the consideration hereinafter specified, agrees 
 to sell to the said C. D., and the said C. D. agrees to buy of 
 the said A. B., all the stock of goods and groceries, wares and 
 merchandise, belonging to the said A. B., and now being in the 
 grocery store occupied by him at the comer of street, in 
 
 the village of , together with the furniture and fixtures 
 
 thereunto appertaining, and also all the oats, hams, cheese, pota- 
 toes and produce, of every name and nature, bought or contracted 
 for by the said A. B., and intended for sale in the said grocery 
 store. The stock of goods and groceries, wares and merchandise, 
 is to be inventoried to the said C. D. at the original cost, with- 
 out including transportation expenses ; and deduction is to be made 
 for any depreciation in value on account of damage, wear or tear : 
 the furniture and iixtures are to be inventoried at their fair cash 
 value, and if the above parties cannot agree as to such valuation, 
 and as to such deduction as aforesaid, the same shall be deter- 
 mined according to the appraisal of E. R, Q. H., and I. J., of 
 , aforesaid, or a majority of them: the oats, hams, cheese, 
 potatoes and produce, are to be inventoried at their original cost 
 Said inventory is to be completed within ten days from the date 
 hereof, and the property above specified delivered over to the said 
 C. D. immediately thereupon. 
 
 In consideration of the premises, the said C. D. agrees to execute 
 and deliver to the said A. B., as and for the purchase money of the 
 above mentioned property, and in full payment therefor, his pro- 
 missory note, or notes, in such several sums as the said A. B. shall 
 direct, payable at six months after date, at the Bank, with 
 
 interest [^^ necessary, add: and endorsed by L. M., of , 
 
 aforesaid.] » 
 
 And the said A. B. further covenants and agrees, to and with the 
 said C. D., that he wiU not at any time hereafter, engage, directly 
 or indirectly, or concern himself, in carrying on or conducting the 
 grocery business' within one mile of the premises now occupied by 
 him as aforesaid for such purpose. 
 
 And it is expressly understood that the stipulations aforesaid are 
 to apply to, and to bind, the heirs, executors, and administrators of 
 the respective parties, and in case of failure, the parties bind them- 
 selves, each unto the other, in the sum of dollars, as fixed 
 and settled damages, to be paid by the failing party. 
 
 In witness, &c., [as in § 52.] 
 
 1 If it ia desired to bind the party not to I the words, " either as principal or agent," 
 engage m the business, even as oz. agent, | should be inserted here 
 3 
 
34 MIW CLERK'S ASSISTANT 
 
 § 59. Agreement to Ungrave Maps. 
 
 This agreement, made the day of, &c., between A. B., 
 
 of, &c., and C. D., of, &c., witaesseth: That the said A. B., for the 
 consideration hereinafter specified, covegiants and agrees, to and with 
 the said C. D., that he will provide good and proper steel plates, and 
 will engrave thereon, separately, the map of each and every State 
 and Territory in the United States, according to the plans, specifi- 
 cations and drawings, hereimto annexed ; and that he wiU finish and 
 Qomplete the same in a workmanlike manner, and deliver them to 
 the said C. D., on or before the day of next. 
 
 In consideration whereof, the said C. D. covenants and agrees to 
 pay to the said A. B., upon the delivery of each and every of the 
 said engraved plates, the sum of dollars, in full payment and 
 
 satisfaction therefor. 
 
 In witness, &c., [as in § 52.] 
 
 § 60. Agreement to Freight Sloop, or Oanal Boat. 
 This agreement, made the day of, &c., between L. S. & 
 
 Co., factors and commission merchants, of the city of , of 
 
 the first, part, and C. D., owner and master of the sloop [or, canal 
 boat] Empire, of the second part, witnesseth : That the said party of 
 the first part covenant and agree, to and with the said party of the 
 second part, that they will lade and freight the aforesaid sloop [or, 
 canal boat] Empire, for and during the ensuing season of naviga- 
 tion, to commence on the 20th day of instant, when the said 
 sloop [or, canal boat] is to be in readiness to receive her first lading, 
 at the dock of the said party of the first part, [or, at Pier No. ,] 
 in the city of , aforesaid, as well on her upward trips from 
 the said city of to the city of , and the interme- 
 diate ports, as on her return trips from to ; and 
 that they will pay to the said party of the second part for carrying 
 the same, on the delivery of each and every cargo in a safe and 
 sound condition, as hereinafter mentioned, at and after the following 
 rates of compensation, viz : 
 
 FOR UP FREIGHT. 
 
 Salt, - - - . . . . cents per busheL 
 
 Merchandise, - - - do hundred. 
 
 Household Furniture, do do 
 
 Coal, .... — , — dollass per ton. 
 
 &c.. &c. 
 
 FOR DOWN FREIGHT. 
 
 Flour, ... cents per barrel. 
 
 Pork, - - - - - - do do 
 
 Hay, - - ... ... dollars per ton, 
 
 Wheat and Corn, - ... cents per busIieJ 
 
 Butter, - do firkin 
 
 Staves and Heading, do thousand 
 
 &c. &C. 
 
AGREEMENTS AND CONTRACTS. 35 
 
 And the said party of the second part, in consideration of the 
 premises, covenants and agrees to and with the said party of the 
 first part, that he will saiely carry aJl such lading and freight as 
 he may or shall receive from the party of the first part as aforesaid, 
 and deliver the same in ^s good and sound condition as when so 
 received, according to the respective bills of lading to be furnished 
 to him by the party of the first part, or their agents ; that he wiU 
 pay aJl costs and charges of transportation, including towage and 
 wharfage; [insert toll, if necessary /I that he will regularly ply 
 between and , and the intermediate ports, with his 
 
 sloop [or, canal boat] as aforesaid, during the entire season of navi- 
 gation above mentioned ; and that he wUl not occupy more than 
 days, unless hindered or delayed by some unavoidable accident, in 
 making either an upward or downward trip. 
 
 It is also further understood and agreed between the parties, that 
 all lading and freight shall be dehvered to the party of the second 
 part, at his sloop, [or, canal boat,] and that he shall discharge the 
 same, on the dock, at his own cost and charge ; that the party of the 
 first part shall not, at any time, require the said party of the second 
 part to carry, or convey, on his sloop, [or, canal boat,] any timber, 
 or lumber, (staves and heading excepted,) any carts, cars, or vehi- 
 cles, of any description whatever ; or any horses, mules, cattle, swine, 
 or animals of any name or nature ; and that all the aforesaid condi- 
 tions and stipulations, shall be binding upon the heirs, executors, 
 administrators and survivors, of the respective parties. 
 
 Jn witness whereof, the parties have hereunto affixed their names, 
 the day and year above written. 
 
 In presence of ) L. S. & Co. 
 
 f CD. 
 
 § 61. Agreement to Sell Shares of Stock in an Incorporated 
 Company. 
 
 This agreement, made the day of, &c., between A. B., 
 
 of, &c., and C. D., of, (fee, witnesseth : That the said A. B. agrees to 
 sell and convey to the said C. D., on or before the day 
 
 of , next, one hundred shares of the capital stock of 
 
 the company, now owned and held by the said A. B., and 
 
 standing in his name on the books of the said company, and to make 
 and execute unto the said C. D. all assignments, transfers and con- 
 veyances, necessary to assure the same to him, his heirs and assigns. 
 
 In consideration whereof the said C. D. agrees to pay unto the 
 
 said A. B., for each and every share of such stock, the average cash 
 
 market price of the same, for and during twenty days preceding the 
 
 day of ■ , aforesaid, to be determined by the sales 
 
 made at the board of brokers in the city of New York. 
 
 In witness, (fee, [as in § 52.] 
 
^56 liTEW CLERK'S ASSISTANT. 
 
 § 62. Agreement of Barter. 
 This agreement, made the day of, &c., between A- B., 
 
 of, &c., and C. D., of, &o., witnesseth : That the said A. B. agrees to 
 sell and deliver to the said C. D., at his store in , on the 
 
 day of instant, one himdred barrels of fine salt, 
 
 fn good substantial barrels, suitable for packing beef and pork, and 
 for the use of the kitchen and dairy. 
 
 In consideration whereof, the said C. D. agrees to sell and deliver 
 to the said A. B., at the store-house of G. H., in , on the 
 
 day of , aforesaid, one thousand pounds of good 
 
 merchantable cheese, and four hundred pounds of sweet table but- 
 ter ; both to be well packed, in tierces or firkins, and to be made in 
 dairies where at least fifteen cows are kept. 
 In witness, &c., [as in § 62.] 
 
 § 63. Agreement for Towing Line of Canal Boats. 
 
 This agreement, made the day of, &c., between A. B., C. 
 
 D., E. F., and G. H., composing the Towing and Navigation 
 
 Company, of the first part, and L. M., N. S., and T. 0., owners and 
 proprietors of the Line of canal boats, of the second part, 
 
 witnesseth : That the said party of the first part, for and in conside- 
 ration of the covenants hereinafter contained, covenant and agToe, to 
 and with the said party of the second part, that they will furnish 
 and provide fit and suitable teams, with safe and skilful drivers, and 
 tow the boats belonging to the party of the second part, regularly 
 plying between and , on the Erie Canal, and not 
 
 exceeding in number, for and during the entire season of 
 
 navigation, to commence on the day of , 18 . 
 
 And in consideration of the premises, the said party of the second 
 part covenant and agree, to and with the said party of the first part, 
 to pay, or cause to be paid, to the said party of the first part, for 
 each and every running trip so made by their boats, as aforesaid, the 
 sum of dollars. 
 
 It is further understood and agreed between the aforesaid parties, 
 that two boats of the partv of the second part shall leave on 
 
 the instant, and that three shall leave on the 
 
 instant, provided the canal shall be navigable at that time, and if 
 not so navigable, then as soon thereafter as it shall become so : it is 
 also agreed between the said parties, that the time or times of 
 departure from or • , during the remainder of the 
 
 season, shall depend upon the convenience of the party of the 
 second part ; with the proviso, however, that not more than 
 boats shall leave either end of the route, or more than boats 
 
 pass any station on the same, during any period of twenty-four 
 hours ; that when the said boats of the party of the second part 
 are laden to the burden of tons, or upwards, they shall be 
 
 towed not less than miles per hour, running time ; when 
 
AGREEMENTS AJ^D CONTRACTS. 37 
 
 light, or carrying not more than tons freight, they shall be 
 
 towed not less than miles per hour, as aforesaid : and it i? 
 
 further agreed that the party of the second part shall furnish and 
 provide the drivers employed by the party of the first part, when 
 engaged in towing their boats, with suitable meals on board, at regu- 
 lar hours, relieving them in the charge of their teams at such times 
 by one of the hands engaged on such boats; that, whenever any 
 boat of the party of the second part shall be detained, on account 
 of the negligence or carelessness of the drivers, servants, or agents 
 of the party of the first part, a deduction shall be made from the 
 compensation of the party of the first part, as aforesaid, at and after 
 the rate of dollars per hour, during the time of each deten- 
 
 tion, except, that after the first day of October next, such deduction 
 shall be dollars per hour ; that the party of the second 
 
 part shall pay to the party of the first part, or to their regularly 
 authorized agent or agents, the sum of dollars, part and 
 
 parcel af the compensation to be paid as aforesaid, on the 
 day of each and every month during the season of navigation, sub- 
 ject, however, to aU necessary deductions then liable to be made on 
 account of detention ; and that, within days after the final 
 
 close of navigation, the aforesaid parties, by themselves, or theit 
 agents, shall meet at the office of the said party of the second part, 
 in the city of , and examine, close and settle their respective 
 
 accounts, and pay and fully discharge aU balances which may be 
 found dvie and owing upon such examination and settlement, by rea- 
 son of the premises. 
 
 In witness, &c., [as in § 52.] 
 
 § 64. Agreement to Cultivate Land on Shares. 
 
 This agreement, made the ' day of, &c., between A. B., of, 
 
 (fee, and C. D., of, &c., witnesseth : That the said A. B. agrees that 
 he will break up, properly fit, and sow with wheat, all that field 
 belonging to the said C. D., lying immediately north of the dwelling 
 house and garden of the said 0. D., in the town of , aforesaid, 
 
 and containing twenty acres or thereabouts, on or before the twenty- 
 fifth day of September next; that when the said crop, to be sown ag 
 aforesaid, shall be in fit condition, he will cut, harvest, and safely 
 house it in the bam or bams of the said C. D. ; and that he will 
 properly thresh and clean the same, and deliver one-half of the 
 wheat, being the produce thereof, to the said C. D., at the granary 
 near his dwelling-house, as aforesaid, on or before the day 
 
 of , in the year 18 . 
 
 It is understood between the parties, that one-half of the seed 
 wheat is to be found by the said C. D. ; that the said A. B. is to 
 perform all the work and labor necessary in the premises, or cause 
 it to be done ; and that the straw is to be equally divided between 
 
38 ifEW CLERK'S ASSISTANT. 
 
 the parties, -within ten days after the crop of wheat shall have been 
 threshed, as aforesaid. 
 
 In Tritness, &o., [as in § 52.] 
 
 § 65. Agreement to Sell the Copyright in a Book. 
 This agreement, made the day of, &c., between A. B., o^ 
 
 &c., and 0. D., of, &c., bookseller and publisher, witnesseth : That 
 the said A. B. agrees to sell, and does sell to the said C. D., all his 
 copyright, title, interest, and property, in and to a certain book, 
 written and compiled by the said A. B., entitled, [ffive the title of 
 the book at length,"] and entered, and copyright secured by the said 
 
 A. B., in the Clerk's Office of the Northern District of New York, 
 on the day of , in the year 1845; and the said A. 
 
 B. also agrees to prepare and furnish a fair copy of the said work to 
 the printer to be employed by the said C. D., and to superintend 
 the printing, and correct the proof thereof; provided, however, that 
 it shall be printed m the of , aforesaid. 
 
 In consideration whereof the said C. D. agrees to pay unto the 
 said A. B. the sum of dollars, on the day of 
 
 next 
 
 It is understood between the aforesaid parties, that tlie first edition 
 of the work to bs printed as aforesaid, shall not exceed 
 copies; and that if the said C. D. shall, at any future time, determine 
 to pubhsh another edition of the said work, he shall pay to the said 
 A. B., in addition to the sum agreed to be paid, as aforesaid, the 
 sum of dollars for each and every subsequent edition, not 
 
 exceeding copies of the same, to be due and payable imme- 
 
 diately upon the issue thereof 
 
 In witness. Sec, [as in § 52.] 
 
 § 66. Agreement to Sell and Assign Bond and Mortgage. 
 Whereas A. B., of the town of , in the county of , 
 
 and State of , and M. his wife, on the first day of May, one 
 
 thousand eight hundred and forty, did execute a certain indenture 
 of mortgage, and a bond bearing even date therewith, to C. D., of the 
 town ot (fee, which said mortgage, and the bond accompanying the 
 same, were executed for the purpose of securing the payment of the 
 sum of four hundred dollars, in four years from the tenth day of 
 May (then) instant, with interest annually from the day last afore- 
 said ; and which said mortgage was recorded in the office of the Clerk 
 of the county of , aforesaid, in book 16 of mortgages, at pages 
 
 286 and 287, on the second day of May, 1840, at 12 o'clock, M.: 
 Now, therefore, this agreement, made and executed between C. D., 
 aforesaid, of the first part, and E. R, of the town of &c., witnesseth: 
 That the party of the first part, for the considerations hereinafter 
 mentioned, doth covenant and agree, to and with the party of the 
 eecond.part, to sell, transfer, assign, and set over, unto the said party 
 
AGREEMENTS AND CONTRACTS. 39 
 
 of the second part, the indenture of mortgage above described, and 
 the bond accompanying the same, whenever the payments hereinafter 
 specified to be made by the said party of the second part, to the 
 party of the first part, shall be fuUy made and completed : To have 
 and to hold the said bond and mortgage, and all the moneys due or 
 to become due thereon, and all the interest conveyed by the said 
 mortgage, in and to the lands therein described, unto the party of 
 the second part, from the time of the completion of such sale, trans- 
 fer, and assignment, as aforesaid, forever. And the said party of the 
 first part doth further covenant and agree, to and with the party of 
 the second part, that he hath good right to assign and set over the 
 bond and mortgage aforesaid, to the said party of the second part ; 
 and that the sum of four hundred dollars of principal, and twenty- 
 one dollars of interest, is due upon the same at the day of the date 
 hereof 
 
 And the said party of the second part, in consideration of the 
 premises, doth covenant and agree, to and with the party of the first 
 part, that he will pay or cause to be paid unto the said party of the 
 first part, the sum of four hundred dollars, in manner following, viz : 
 fifty dollars on the ensealing and delivery of these presents, and the 
 remaining sum of three hundred and fifty dollars, in two equal annual 
 payments from the day of the date hereof, with annual interest. 
 
 And it is further agreed, by and between the aforesaid parties, 
 that if the party of the second part shall, at any time, elect to pay 
 the whole sum agreed to be paid, as aforesaid, to the party of the 
 first part, with the lawful interest due thereupon, he shall have the 
 right so to do, and the said party of the first part shall, immediately 
 upon such payment, transfer, assign, and set over, unto the said 
 party of the second part, the bond and mortgage above mentioned; 
 and also, that the covenants and agreements aforesaid are to apply 
 to, and to bind the representatives of the respective parties to tiiese 
 presents. 
 
 In witness whereof, the aforesaid parties have hereunto set their 
 hands and seals, the day and year above written. 
 
 Signed, &c., [as in § 52.] 
 
 § 67. Agreement to Change Mortgage Security. 
 This agreement, made the day of, &c., j)etween A. B., 
 
 of, &c., and C. D., E. F., and G. H., of, &c., witnesseth: That whereas 
 the said A. B. hath this day sold and conveyed unto the said C. D., 
 E. F., and Q. H., by warranty deed duly executed, four acres of 
 land, situate, lying, and being on the south-east corner of 
 and streets, in the village of , for the price, or 
 
 consideration, of one thousand dollars ; and, in order to secure the 
 payinent, of the sum of eight hundred dollars, parcel thereof the said 
 C. D., E. F., and G. H., have executed and delivered to the said A. 
 
40 HE"W CLERK'S ASSISTANT. 
 
 B. a mortgage upon the aforesaid premises, together with their joint 
 bond, conditioned for the payment of the said sum of eight hundred 
 dollars, in eight equal annual payments from this date, with aimual 
 interest: and whereas it is the intention of the said C. D., E. F., and 
 G. H., to divide the said premises conveyed to them into village lots, 
 and to sell and dispose of the same upon such terms as shall seem 
 meet and advantageous : Now, therefore, the said A. B., in conside- 
 ration of the premises, doth, for himself, his heirs, executors, adminis- 
 trators, and assigns, covenant and agree, to and with the said C. D., 
 E. F., and G. H., their executors, administrators, and assigns, that 
 they, the said. C. D., E. R, and G. H., their executors, administrators, 
 and assigns, shall and may, at all times hereafter, have the right of 
 changing the security above mentioned, by substituting, instead of 
 the same, or of any part thereof, not less than one hundred dollars, 
 the like security, on other real estate of at least equal value ; and 
 that he, the said A. B., his heirs, executors, administrators, or assigns, 
 shall and will, upon request to him or them made, forthwith execute 
 and deliver to the said C. D., E. F., and G. H., their executors, 
 administrators, or assigns, good and sufficient releases and discharges 
 of the said mortgage, or of the lien upon any portion of the premises 
 therein described, whenever the said C. D., E. F., and G. H., their 
 executors, administrators, or assigns, shall furnish the said A. B., or 
 his representatives, as aforesaid, with such other security as above 
 mentioned 
 
 In witness, &c., [as in § 52.] 
 
 § 68. Agreement respecting Party Wall. 
 
 This agreemenl^ made the day of, &c., between A. B., 
 
 of, &c., and C. D. of, &c., witnesseth : That whereas the said A. B. 
 is the owner of the lot and store known as number Genesee 
 
 street, in the city of Auburn ; and the said C. D. is the owner of 
 the lot adjoining the same, on the northerly side thereof on which 
 last mentioned lot the said C. D. is about to erect a brick store: 
 Now, therefore, the said A. B., in consideration of the sum of 
 dollars, to him in hand paid, the receipt whereof is hereby 
 acknowledged, doth, for himself his heirs, executors, administrators, 
 and assigns, covenant, grant, promise, and agree, to and with the 
 said C. D., his heirs, executors, administrators, and assigns, that he, 
 the said C. D., his heirs and assigns, shall and may, in the erection 
 of the brick store about to be built, as aforesaid, freely and lawfully, 
 but in a workmanlike manner, make use of the northerly gable end 
 wall of the said A. B., or so much thereof as the said 0. D., his heirs 
 or assigns, may desire, as a party wall, to be continued and used as 
 such forever. 
 
 And the ssud A. B. and C. D. do hereby mutually covenant and 
 agree for and with themselves, and their respective heirs and assigns 
 
AGREEMENTS AlO) CONTRACTS. 41 
 
 that if it shall hereafter become necessary to repair or re-build the 
 whole, or any portion of the said party wall, the expense of such 
 repairing or re-building shall be borne equally by the said A. B. and 
 C. D., their respective heirs and assigns, as to so much and such 
 portion of the said wall as the said C. D., his heirs and assigns, shall 
 or may use for the purposes aforesaid ; and that whenever the said 
 party wall, or any portion thereof, shall be re-built, it shall be erected 
 on the same spot where it now stands, and be of the same size, and 
 the same or similar materials, and of like quality, with the present 
 wall. 
 
 It is further mutually understood and agreed between the aforesaid 
 parties, that this agreement shall be perpetual, and at all times be 
 construed into a covenant running with the land ; and that no part 
 of the fee of the soU upon which the wall of the said A. B., above 
 described, now stands, shall pass to, or be vested in, the said C. D. 
 Ms heirs and assigns, in or by these presents. 
 
 In witness, &c., [as in § 52.] 
 
 § 69. Agreement of Purchaser at Auction Sale. 
 
 This agreement, made the day of) &c., between A. B., 
 
 of, &c., and E. R, of, &c., by C. D., his agent, witnesseth: That 
 whereas the said A. B. hath tlus day become the purchaser, at public 
 auction, of the following described property, viz : aU that piece or 
 parcel of land, &c., [describe the premises soW,] at the consideration 
 price of dollars ; and the said A. B. hath also paid to the 
 
 said E. ¥., by the said C. D., his agent, as aforesaid, the sum of 
 dollars, part and parcel of the purchase money of the said 
 premises : Now, therefore, the said A. B. agrees to pay the remain- 
 ing sum of dollars imto the said E. F., his agent, or attorney, 
 on the day of next: and the said E. F., by his 
 agent as aforesaid, agrees, that he, the said E. F., will execute and 
 deliver to the said A. B. a good and sufficient warranty deed, with 
 fuE covenants, for the premises above described, immediately upon 
 the payment of the said sum of dollars last above specified. 
 
 In witness, &c., [as in § 66.] 
 
 § '10. Agreement with a Clerk or WorTcman. 
 This agreement, made the day of, &c., between A. B., 
 
 of, (fee, and C. D., of, &c., witnesseth: That the said 0. D. covenants 
 and agrees, faithJFuIly, truly, and diligently, to write [or, work] for 
 the said A. B. as his clerk, [or, journeyman,] ia the office [or, shop, 
 or, store] of the said A. B., at , aforesaid, from the 
 
 day of instant, for and during the space of 
 
 years : In consideration of which service so to be performed, the said 
 A. B. covenants and agrees to pay to the said C. D. the simi of 
 dollars annually, in four equal quarterly payments. 
 
42 
 
 NEW CLERK'S ASSISTANT. 
 
 And it is understood and agreeb between the aforesaid parties, 
 that the death of either of them occurring prior to the expiration of 
 the said term of years, this agreement shall thereupon terminate. 
 
 In witness, &c., [as in § 52.] 
 
 § 71. Agreement, or Svhscription, for Raising Money to Build 
 a Ohwrch, or Bridget 
 
 We, the undersigned, do hereby severally promise and agree to 
 pay to A. B., C. D., and E. F., the Trustees of the First Presbyte- 
 rian Society in the town of , [or, the Commissioners of High- 
 ways of the Town of ,] the sums set opposite to our respect- 
 ive names, on demand, \or as the terms of payment may 6e,] for the 
 purpose of building a church or place of worship for the said society 
 in the town of , aforesaid ; [or, for the purpose of constructing 
 a bridge over the river, on the road leading from , to 
 ;] and we request the said Trustees [or, Commissioners] 
 to contract for the building of such church or place of worship, and 
 to build the same, [or, for the construction of such bridge, and 
 to construct the samd^]] and to apply the sums of money hereto sub- 
 scribed in payment therefor. 
 
 Witness our hands, this day of ,1850. 
 
 NAMES. AMOUNT. 
 
 G. H. - $100 00 
 
 L. M. - 75 00 
 
 8 12. Agreement with a Mason, for Plastering a House, Laying 
 Brick, c&c. 
 This agreement, made the day of, &c., between A. B., 
 
 of, &c., and C. D., of, &c., witnesseth: That the said C. D., for the 
 consideration hereinafter mentioned, promises and agrees, to and 
 with the said A. B., that he will do and perform, by himself or per- 
 sons in his employ,, in a good and workmanlike manner, and with 
 materials to be furnished by the said A. B., all the work to be done 
 and performed by the bricklayer and plasterer, in and about the 
 erecting and building a new dwelling house on the vacant lot of the 
 said A. B., on street, in the city of , according to the plans 
 
 and specifications hereto annexed ; and also, that he will' use the 
 utmost care in working up the materials to be furnished by the said 
 A. B., as aforesaid, to the best advantage for the said A. B., and that 
 
 1 In an agreement, or Bubscription, of this 
 kind, according to the recent decisione.of the 
 New Yorlc Courts, it is necessary that there 
 should be a roquest^to the Trustees, Com- 
 missioners, or Committee of Citizens, if one 
 
 be selected to perform the work, or to carry 
 the object for which the money is raised into 
 eifect ; otherwise, the agreement will be void 
 lor want of consideration. See, 2 Dcnio, 403 • 
 1 Cometock, 5&1. 
 
AGREEMENTS AJSD CONTRACTS. 43 
 
 he -will .complete the said work on or before the aay of 
 
 next 
 
 And the said A. B., in consideration of the premises, agrees to 
 furnish and provide good and sufficient materials for the said work, 
 at such time or times as the said C. D. may request ; and to pay the 
 said C. D. for all such work as snail be performed by him or his 
 servants in and about the said new dwelling house, ornamental work 
 excepted, on the completion of the same, at and after the rate of 
 per yard of three feet square, and the sum of dollars 
 
 for all the ornamental work done or performed in and about the said 
 dwelling house, — ^it being expressly understood and agreed, that no 
 extra charge is to be demanded or allowed, for corners, arches, jams, 
 joints, fire places, or any other kind of work not strictly ornamental, 
 but all the work is to be measured as plain, except the ornamental 
 work to be paid for, as aforesaid, in gross. 
 
 In witness, &c., [as in § 52.] 
 
 § 73. Agreement to Sell Land. 
 
 This agreement, made and entered into the day of, &c., 
 
 between A. B., of, &c., of the first part, and C. D., of, &c., of the 
 second part, witnesseth : That the said party of the first part, in 
 consideration of the covenants and agreements hereinafter contained, 
 agrees to seU unto the said party of the second part, aU that piece 
 or parcel of land bounded and described, &c., [insert description of 
 premisesj] for the sum of dollars : And the said party of 
 
 the second part, in consideration of the premises, agrees to pay to 
 the said A. B. the sum of doUars, in manner following, 
 
 viz : dollars on the execution of these presents ; 
 
 dollars, on the day of , next; and the remaining 
 
 sum of doUars, on the day of , A. D., 1846, 
 
 with the lawful interest from this date, on each payment, at the time 
 of making the same. 
 
 And the said party of the first part also agrees, that on receiving 
 the said sum of doUars, at the time and in the manner 
 
 above mentioned, he will execute and deliver to the said party of 
 the second part, at his own proper cost and expense, a good and 
 sufficient deed, for the conveying and assuring to him, the said party 
 of the second part, the fee simple of the said premises, free from 
 aU incumbrance ; which deed shall contain a general warranty, and 
 the usual fuU covenants.* And it is understood that the stipulations 
 aforesaid are to apply to, and to bind, the heirs, executors, adminis- 
 trators and assigns, of the respective parties ; and that the party of 
 the second part is to have immediate possession of the premibes 
 
 In witness, &c., [as in § 62.] 
 
44 HEW CLERK'S ASSISTANT. 
 
 § 14:. The Same, executed ly an Attorney. 
 This agreement, madej &c., between A. B., of, &c., of the first 
 part, by E. F., his Attorney, and C. D., o^ &c., of the second part, 
 witnesseth: That the said party of the first part, <fec., \as m § 73 io 
 the words, In witness, &c., and then add:^ 
 
 In witness whereof, the said parties have hereunto set their hands 
 and seals, the day and year first above written. A. B. [l. 8.] 
 
 In presence of ) By E. R, his Attorney. 
 
 G. H. f , C. D. [l. s.] 
 
 § 75. The Same, with Covenants as to Possession, Taxes, and 
 Forfeiture. 
 
 This agreement, made, <fec., [as «n. § IS to the *, and then add/] 
 and it is further agreed between the parties to these presents, that 
 the party of the first part is to have and retain possession of the 
 premises until the day of nex^ when the same 
 
 shaK be delivered up to the party of the second part, upon his 
 compliance with the agreements herein above contained; liat the 
 said party of the second part shall pay all taxes and assessments, 
 becoming chargeable to, and upon tlie said premises, after the deli- 
 very of the possession thereof to him as aforesaid; and that, if default , 
 be made in fulfilling this agreement, or any part thereof, on the part 
 and behalf of the said party of the second part, then, and in such 
 case, the said party of the first part shall be at liberty to consider 
 this contract as forfeited and annulled; and if the said party of the 
 second part shall be in the possession of the said premises, at the 
 time of making such default, the party of the first part shaJl have 
 full and ample right to proceed against the said party of the 
 second part, and remove him therefrom, in the manner now provided 
 by law for the removal of persons forcibly enterinjr into the possess- 
 ion of, and detaining, any lands or other possession»i 
 
 It is also agreed between the said parties, that the above stipu- 
 lations shall apply to, and bind, their respective Wrs. executow, 
 administrators, and assigns. 
 
 In witness, &c., [as in § 52.^ 
 
CHAPTER ni. 
 \PPEENTICES AND SEEVANTS. 
 
 PKACTICAL KEMARKS 
 
 1. Every male infant, and every unmarried female under the age 
 of eighteen years, with the consent of the persons or officers herein- 
 after mentioned, may, of his or her own free will, bind himsellj or her- 
 self, in writing, to serve as clerk, apprentice, or servant, in any 
 profession, trade, or employment; if a male, until the age of twenty- 
 one years, and if a female, until the age of eighteen years, or for any 
 shorter time : such biniding will be as valid and effectual as if the 
 infant were of full age at the time of making the engagement' 
 
 2. Such consent must be given : 
 
 1. By the father of the infant. If he be dead, or be not in a legal capa- 
 city to give his consent, or if he shall have abandoned and neglected to 
 provide for his family, and such fact be certified by a Justice of the 
 Peace of the town, and endorsed on the indenture, then, 
 
 2. By the mother. If the mother be dead, or be not in a legal capa- 
 city to give such consent, or refuse, then, 
 
 3. By the guardian of such infant duly appointed. If such infant 
 have no parent living, or none in a legal capacity to give consent, and 
 there be no guardian, then, 
 
 4. By the Overseers of the Poor, or any two Justices of the Peace 
 of the town, or any County Judge of the county where such infant shall 
 reside.' 
 
 3. Such consent must be signified in writing, by the person enti- 
 tled to give the same, by a certificate at the end o^ or endorsed 
 upon, the indentures.' 
 
 4. The executors of any last will of a father, who shall be directed 
 m such will to bring up Ms child to some trade, or calling, may bind 
 such child to service, in like manner as the father might have done. 
 The County Superintendents of the Poor may, in like manner, bind 
 
 1 2 R. S. (3d ed.) 215, § 1; 6 Johnson, 274; I "2 K, S. (3d ed.) 215, § 2. 
 8 Id., 328; 14 Id., 374; 19 Id., 113; 6 Cowen, a 2 B. S. (3d ed.) 215, § 3; 10 Johnson, 89: 
 363. 627. I 5 Cowen, 170; 2 Hill, 696. 
 
46 NEW CLERK'S ASSISTANT. 
 
 out any child, under the ages above specified, who shall be sent to a 
 county poor house, or who may or shall, or whose parents may or 
 shall, become chargeable to any county, to be clerks, apprentices, or 
 servants. The Overseers of the Poor of any town or city, possess 
 the like power in such town or city, with the consent, in writing, of 
 any two Justices of the Peace of the town, or of the Mayor, Re- 
 corder, and Aldermen, of any city, or of any two of them. No 
 child of an Indian woman, however, can be bound as an apprentice, 
 under the foregoing provisions, except in the presence and with the 
 consent of a Justice of the Peace, whose certificate of consent must 
 be filed by the Clerk of the town in which the indenture of appren- 
 ticeship shall be executed.' 
 
 5. The age of every infant bound as aforesaid, must be inserted 
 in the indenture, and will be taken to be the true age, without fur- 
 ther proof thereof; and public officers who act in such cases, should 
 inform themselves fuUy of the infant's age. Every sum of money 
 paid, or agreed for, in relation to the binding out of any clerk, or 
 apprentice, must also be inserted in the indenture." 
 
 6. Whenever any child is bound out by the County Superintend- 
 ents of any county, or the Overseers of the Poor of any town, the 
 person to whom the child may be bound, must enter into an ag-ree- 
 ment, to be inserted in the indentures, that he will cause such child 
 to be instructed to read and write, (if a male, to be also instruct ' 
 in the general rules of arithmetic,) and that he will give su..„ 
 apprentice, at the expiration of his or her service, a new bible. The 
 counterpart df any indentures executed by the County Superintend- 
 ents, must be deposited in the office of the Clerk of their county ; 
 the Overseers of the Poor will deposit a counterpart of any indent- 
 ures executed by them, in the Clerk's oflice of their city or town.' 
 
 7. Any person coming from any foreign country beyond sea, may 
 bind himself to service, if an infant, until the age of twenty-one 
 years, or for any shorter term. Such contract of service, if made 
 for the purpose of raising the passage money, may be for the term 
 of one year, although such term may extend beyond the time wheE 
 he will be of full age ; but shall in no case be for a longer term. 
 No contract made, as aforesaid, will bind the servant, unless it be 
 acknowledged by him before some Mayor, Recorder, or Alderman 
 of a city, or some Justice of the Peace ; nor unless a certificate of 
 such acknowledgment, and that the same was made freely, on a pri- 
 vate examination, be endorsed thereupon. Any such contract may 
 be assigned by the master, by an instrument in writing, endorsed 
 thereon, executed in the presence of two witnesses, if such assign- 
 ment be approved of, in writing, by any magistrate, as aforesaid, 
 whose certificate of approbation must also be endorsed.' 
 « • 
 
 '2R. S.tSdefl 1215, §§4-7; 13 Johnson, 270. I 8 2R. S. (Sd ed.) 216, §§ 10, 11. 
 » 2 R. S. (3d ed.) 216-16 §§ 8. 9. 1*2 R. S. (3d ed.) 216, §§ 13-14 
 
APPRENTICES AND SERVANT3. 
 
 47 
 
 8. No iiidenture, or contract, for the service of any apprentice, is 
 YaJid, as against tKe person whose services may be claimed, unless 
 made in the manner above prescribed.' 
 
 9. The master is entitled to all the earnings of the apprentice." 
 
 10. A guardian is Mable, although the apprentice has gone off and 
 left his master.' 
 
 11. An apprentice is not assignable, although the assignment 
 would be vaUd as a covenant for the services of the apprentice.* 
 
 12. An apprentice cannot recover of an assignee, on an implied 
 promise, where service has been voluntarily rendered.' 
 
 1 3. Our laws recognize no general authority in a father to dispose 
 of his children, except for some specific and temporary purpose, such 
 as apprenticeship during the father's life, or guardianship after his 
 death." 
 
 14. If any person lawfully bound to service, as above mentionecj, 
 wiUfiiUy absent himself without leave, he must serve double the 
 time of such absence, imless he shall otherwise make satisfaction, 
 but such additional term of service cannot extend beyond three 
 years next after the expiration of the original term.'' 
 
 15. If any person refuses to serve, any Justice of the Peace of 
 the county, or the Mayor, Recorder, or any Alderman of the city, 
 where he shall reside, has the power to commit him to jail." 
 
 16. If any apprentice be guilty of any misdemeanor or iU be- 
 havior; or if any master be guilty of any cruelty, mi.susage, of 
 refusal of any necessary provisions or clothing, or of a violation of 
 the terms of the indenture; complaint may be made to any two 
 Justices of the Peace of the county, or to the Mayor, Recorder, and 
 Aldermen of the city, or any two of them, who will summon the 
 parties before them and examine into the groimds of complaint; and 
 if the same prove to be well founded, they must either commit the 
 apprentice to solitary confinement in the common jail of the county, 
 for a term not exceeding one month, there to be employed at hard 
 labor; or discharge the offending apprentice from lus service, and 
 the master from his obligations ; or, in case of ill usage by the mas- 
 ter, discharge the apprentice from his obUgation of service.' 
 
 17. The above statutory provisions in relation to apprentices will- 
 fully absenting themselves, refusing to serve, or being guilty of any 
 misdemeanor or iU behavior ; and masters guilty of ill usage, cfec, do 
 not extend to those cases where the master or mistress has received, 
 or is entitled to, any sum of money as a compensation for instruc- 
 tion." 
 
 1 2 R. S. (33 ed.)218, §26; 8 Johnaon, i 
 ' 6 Johnson, 274. 
 
 •3)4 Johnson, 374; 5 Cowen, 170. 
 t 19 Johnson, 113. 
 6 2 Barbour's S. C. Rep., 208. 
 3 Hill, 399. 
 
 TBR. S. (3ded.)218, 5 2S. 
 >2R. S. (3d ed.) 219, "5 29. 
 » 2 R. S. (3d ed.) 219, S§ 30-33; 13 John. 
 son, 270. 
 iii2R. S. (3de(l.)219, §33. 
 
48 NEW CLERK'S ASSISTANT. 
 
 18. In cases where money has been paid, or agreed to be paid, 
 and Justice of the Peace of the county, or any Mayor, Eecorder, or 
 Alderman of the city, in which the apprentice resides, has the power 
 of inquiring into all disputes in relation thereto, and of making such 
 order and direction as the equity of the case may require. If the 
 difficulty cannot be reconciled, the master or the apprentice may be 
 recognized, in such sureties as the officer shall approve, for his ap- 
 pearance at the next Court of Sessions, and such Court, on hearing 
 the parties, may either discharge the apprentice from s^efvice, or order 
 the sum of money to be paid, or to be refunded ; or, if not paid, 
 discharge the same, and direct the securities to be canceled; or 
 punish the apprentice by fine, or imprisonment, or both, as for 
 a misdemeanor.' 
 
 19. No person can accept from any journeyman or apprentice, 
 agy contract or agreement, nor cause him to be bound by oath or 
 otherwise, that after his term of service shall have expired, such 
 journeyman or apprentice will not set up his trade, profession, or 
 employment, in any particular place, shop, house or cellar ; nor can 
 any person exact from any journeyman or apprentice, after his term 
 of service shall have expired, any money or other thing, for using 
 and exercising his trade, profession or employment, in any place. 
 Every security ^ven contrary to the foregoing provisions will be void ; 
 any money paid, 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, as aforesaid, forfeits one hundred dollars to the appren- 
 tice,' or journeyman, from whom the same shall have been received." 
 
 20. Upon the death of any master, to whom any person may have 
 been bound to service, as clerk, apprentice, or otherwise, by the 
 County Superintendents of the Poor, or by the Overseers of the 
 Poor, the executors or administrators of such master may, with the 
 consent of the person bound to service, signified in writing, and 
 acknowledged before a Justice of the Peace, assign the contract of 
 such service to any other person ; which assignment will vest in such 
 assignee all the rights of the original master, and render him subject 
 to all his obligations. If the person so bound to service refuses to 
 give such consent, such assignment may be made under the sanction 
 of an order of the Court of Sessions of the county, after fourteen 
 
 'days' notice of an application to that efifect, served on the appren- 
 tice, his parent, or guardian, if there be any in the county; and 
 when so made, such assignment will be as valid and eflfectual as if 
 the consent had been given in the manner aforesaid.' 
 
 21. The above provisions apply as well to mistresses, female 
 guardians, apprentices and wards, respectively, as to masters, male 
 guardians, apprentices and wards.* 
 
 1 2 R, S. (3d ed.) 219, 220, §§ 34-38; Laws | 3 2 R. S. (3d eilo 220, §§ 41, 42. 
 01 IS47, chap. 280, art. v. * 2 R. S. (3d ed.) 221, § 43. 
 
 " 2 R. S. (3d ed.) 220, §§ 39. 40 I 
 
APPEENTICES AND SE2VANTS. 49 
 
 FORMS. 
 
 § 76. Apprentice's Indenture. 
 
 This indenture mtnesseth: That C. B., of the town of , in 
 
 the county of , and State of , now aged fourteen years, 
 
 by and with the consent of 'A. B., his father [or, mother, his father 
 being dead, or, being legally incapacitated, or, haying abandoned or 
 neglected to provide for his family] endorsed hereupon, hath volunta- 
 rily, and of his own free wiU and accord, put and boimd himself 
 apprentice to E. R, of the town o^ &c., to learn the art, trade, and 
 mystery of a hatter ; and as an apprentice to serve from this date, 
 for, and during, and until the fuU end and term of, five years next 
 ensuing, [or, until the said C. B. shall have attained the age of* 
 twenty-one years, which will be on the day of , in the 
 
 year 18 ,] during all which time the said apprentice shall serve his 
 master faithfully, honestly, and industriously ; his secrets keep, and 
 lawful commands every where readily obey ; at all times protect and 
 preserve the goods and property of his said master, and not suffer or 
 allow any to be injured or wasted. He shall 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 ; but in all things 
 behave himself as a faithful apprentice ought to do, during the said 
 term. And the said master shall clothe and provide for the said 
 apprentice in sickness and in health, and supply him vrith suitable 
 food and clothing ; and shall use and employ the utmost of his endea- 
 vors to teach, or cause him, the said apprentice, to be taught or 
 instructed, in the art, trade, or mystery of a hatter ; 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, [j^necessari/, insert 
 here: And the said E. F. acknowledges that he has received, with 
 the said C. B., from A. B., his father, [or, mother,] the sum of 
 dollars, as a compensation for his instruction, as above mentioned; 
 or: And the said E. F. further agrees to pay to the said C. B. the 
 following sums of money, viz : for the first year of his service 
 dollars ; for the second year of his service dollars ; and for 
 
 every subsequent year, until the expiration of his term of service, 
 dollars ; which said pajonents are to be made on the first day 
 of January in each year.] 
 
 And for the true performance of all and singular the covenants 
 and agreements aforesaid, the said parties bind themselves, each 'mto 
 the other, firmly by these presents. 
 
 In witness whereof, the parties aforesaid have hereunto set their 
 
50 NEW CLERK'S ASSISTANT. 
 
 hands and seals, the day of , in the year one thousand 
 
 eight hundred and 
 Signed, sealed, and delivered, ) C. B. [l. s.l 
 
 in presence of >■ E. F. [l. s.1 
 
 G. H. \ 
 
 § 77. Consent of Father or Mother. 
 I do hereby consent to, and approve o^ the binding of my son, C. 
 B., as in the above [or, within] indenture mentioned. Dated the 
 day of , in the year 18 . 
 
 A. B. 
 
 § 78. Justice's Certificate, where Mother gives consent. 
 I, G-. H., a Justice of the Peace of the town of , in the 
 
 county of- , do certify, that A. B., the father of the infant 
 
 named in the within indenture, is dead, [or, is not in legal capacity 
 to give his consent thereto ; or, has abandoned and neglected to pro- 
 vide for his family.] Dated the day of' , 18 . 
 
 G. H., Justice of the Peace. 
 
 § 79. Consent of Guardian. 
 
 I, 8. T., the guardian, duly appointed, of C. B., in the within 
 indenture named, do certify, that the father and mother of the said 
 C. B. are dead, \_or, that the father of the said C. B. is dead, and 
 that the mother of the said C. B. refuses her consent to the said 
 indenture of apprenticeship ; or, is not in legal capacity to give- her 
 consent to the said indenture of apprenticeship;] and that I do 
 hereby consent, as his guardian, that he, the said C. B., may bind 
 himself in and hy the said indenture. 
 
 Dated the day of , 18 . 
 
 S. T., Guardian of the said C. B. 
 
 § 80. Certificate «/ Consent of the Overseers of the Poor, two Jus- 
 tices of the Peace of the town, or Cov/nty Judge of the 
 cwmJty in which the Infant resides. 
 We, the undersi^eid. Overseers of the Poor of the town of 
 or, jtwo Justices of the Peace of the town of ; or, I, the 
 
 (undefr4^ed, County Judge of coimty,] where the within 
 
 named C. B. resides, do certify, that the said C. B. has no parent 
 living, \or, no parent in legal capacity to give consent to the witlun 
 indenture; or, no father living, and his mother is not in legal 
 capacity to give consent to the within indenture,] and that he 
 has no guardian, and that we, the said Overseers, [or, Justices; 
 
APPRENTICES AND SERTANTS. 51 
 
 or, I, the said Judge,] do consent that the said C. B. may bbd 
 himself in and by the' said indenture. 
 
 G. H. 
 
 M. P. 
 
 § 81. Agreement of the Father, where he intends to bind himself 
 to answer in Damages. 
 
 This indenture, made the day of , in the year one 
 
 thousand eight hundred and , between A. B., o^ Ac, and 
 
 E. F., of, &c., witnesseth: That the said A. B., in consideration of 
 the covenant and agreement hereinafter mentioned, doth, by these 
 presents, put and bind his son C. B., to the said E. F., to learn the 
 art, trade, and mystery, of a hatter, and as an apprentice to serve 
 from this date, for, and during, and until the fuU end and term of, 
 five years next ensuing, to the best of his power and skill, faithfully 
 and honestiy, in all lawful business and matters that the said E. F. 
 may direct; and the said A. B. doth hereby covenant and agree 
 with the said E. F., that the said C. B. shaJl in all things well and 
 truly serve the said E. F., during the said term, according to the 
 conditions of the indenture this day executed by the said C. B. and 
 E. F., with my written consent thereupon endorsed, and now on file 
 in the office of the Clerk of the town of ; and the said E. F. 
 
 doth covenant and agree with the said A. B., to pay to the said A, 
 B. the sum of dollars, on the first day of , in each 
 
 and every year during the term aforesaid. 
 
 In witness whereof the said parties to these presents have here- 
 unto set their hands and seals, the day and year first above written. 
 
 Sealed and dehvered ) A. B. [l. b.T 
 
 in presence of f E. F. [l. s.j 
 
 G. H. ) 
 
 § 82. The Same, indorsed upon the Indenture. 
 In consideration of the covenants and agreements to be performed 
 by E. F., to and with my son C. B., specified and contained in the 
 •within indenture, I do hereby bind myself to the said E. F., for the 
 true and faithful performance and observance, by the said 0. B., of 
 the matters and things by him to be performed and observed in and 
 by the said indenture ; and I do hereby covenant to and with the 
 said E. F., that the said C. B. shall, in all things, well and truly 
 perform and observe the same. 
 
 In witness whereof I have hereunto put my hand and seal, the 
 
 day of, &c. 
 In presence of ) A. B. [i.- s.'] 
 
 G.H. C 
 
52 WEW CLERK'S ASSISTANT. 
 
 § 83. Servant's Jndeniwe. 
 
 This indenture -witnesseth': That M. B., of the town of, &c., new 
 aged thirteen years, by and with the consent of A. B., of the town 
 aforesaid, her father, [or, mother, &c., as in § 76,] has voluntarily 
 and of her own accord, put and bound herself to E. R, as a domes- 
 tic servant, to serve from the date hereof, for and until the fuU end 
 and term of five years next ensuing; [or, until she shall have 
 attained the age of eighteen years, which wUl be on the day 
 
 of , 18 ;] during all which time the said servant shall serve 
 
 her master faitmully, honestly and industriously; all lawful com- 
 mands every where readily obey ; and protect and preserve the goods 
 and property of her said master, and not suffer or allow any to be 
 injured or wasted: she shall not be absent from service without 
 leave ; and in all things, and at all times, shall behave as a faithful 
 servant ought to do. And the said E. F. shall and will furnish and 
 provide the said servant, during the continuance of the said term, 
 with suitable and sufficient food and clothing ; and cause her, within 
 the said term, to be instructed to read and write ; and, at the expi- 
 ration of the said term, shall give her a new bible, and the sum of 
 dollars. And for the true performance of all and singTi- 
 lar the covenants and agreements aforesaid, the said parties bind 
 themselves, each unto the other, firmly by these presents. 
 
 In witness, <fec., [as in 8 76, and consent of father or mother, as 
 in § 11.] 
 
 § 84. Contract to Bind to Service a Minor, coming from a 
 Foreign Govmiry heyond Sea, and Acknowledgment} 
 This indenture, made the day o^ &c., between C. B., an 
 
 infant under the age of twenty-one years, to wit: of the age of nine- 
 teen years, on the day of last, coming from the city 
 of Dublin, in Ireland, a foreign country beyond sea ; and E. F., of 
 the city of New York, witnesseth: That the said C. B., in pursu- 
 ance of the statute in such case made, and in consideration of the 
 covenants hereinafter contained, binds himself to serve the said E. 
 F. from the day of the date hereof, until the full end and term of ' 
 two years ; [or, until the said 0. B. shall be twenty-one years of 
 age, which vriU be on the day of , in the year ;] 
 during which term the said C. B. shall well and faithfully serve the 
 said E. F., and his assigns, in aU such lawful business as he shall 
 be put to by the said E. R, or his assigns, to the utmost of the 
 power and ability of the said C. B. ; and, at all times, behave him- 
 self honestly and obediently to the said E. R, and his assigns. 
 
 1 The execution of the contract should be acknowledged before a Mayor, Recorder, 
 Alderman, or Justice of the Peace. 
 
APPRENTICES AND SEKVANTS. 53 
 
 And the said E. F. covenants on his part^ and agrees to and with 
 the said C. B., that he, the said E. F., will find and allow to the said 
 C. B. suitable and sufficient food and clothing, and all other neces- 
 saries, during the said term. 
 
 In witness whereof the parties have hereto set their hands and 
 seals, the day and year above written. C. B. [l. s.] 
 
 E. F'. [l. 8.] 
 
 State of New York, r^. 
 County, P*' 
 On the day of , in the year , personally came 
 
 before me C. B., to me known to be the person who executed the 
 within contract, and, on a private examination before me, acknow- 
 ledged that the said contract was made and executed by him freely, 
 for the purposes therein mentioned. 
 
 Q. H., Justice of the Peace. 
 
 § 85. Assignment of foregmng Indenture} 
 Know all men by these presents, that I, the within named E. F., 
 for and in consideration of the sum of dollars, have assigned 
 
 and set over, and by these presents do assign and set over, the 
 within indenture, and the servant [or, apprentice] therein named, 
 unto C. D., of , his executors, administrators, and assigns, for the 
 residue of the term within mentioned ; he and they performing all 
 and singular the covenants therein contained, on my part to be kept 
 and performed, and indemnifying me from the same. 
 In witness, &c., [as in § 82.] 
 In presence of ) 
 
 . G.H. \ E. F. [l. s.] 
 
 L. M. ) 
 
 § 86. Approval of the Assignment, ly a Mayor, Recorder, Alder- 
 man, or Jtistice of the Peace. 
 
 I hereby approve of the foregoing assignment of the within inden- 
 ture. 
 
 W. V. B., Mayor of the city of New York. 
 
 § 87. Certificate of Consent to the Binding of the Child of an 
 
 Indian Woman. 
 
 I, G. H., a Justice of the Peace of the town of , in said 
 
 county, do certify, that K M., the male child of S. M., an Indian 
 
 woman, in my presence and with my consent, was bound as an 
 
 1 Two witnesses are requiied to the assignment. 
 
54 NEW CLERK'S ASSISTANT. 
 
 apprentice to E. F., of , hj indenture, dated this day, md 
 
 duly executed in the town of , aforesaid; and that I subscribed 
 my name as a witness thereto. 
 Dated the day of ,18 . 
 
 G. H., Justice of the Peace. 
 
 § 88. Complaint hy Master against Apprentice for Be/using, to 
 
 Serve. 
 To G. H., a Justice of the Peace of the County of : 
 
 I, E. F., of the town of , in said county, hatter, hereby 
 
 make complaint to you, that C. B., an apprentice lawfully bound to 
 serve me, the said B. F., whose term of service is still unexpired, 
 and with whom I have not received, nor am I entitled to receive, any 
 sum of money as a compensation for his instruction, refuses to serve 
 me, as by law and the terms of his indenture of apprenticeship he is 
 required. 
 
 Dated the day of , 18 . 
 
 County, ss: 
 E. F., the person named in the foregoing complaint, being duly 
 sworn, deposes and says, that the facts and circumstances stated and 
 set forth in the said complaint are true. 
 
 Sworn to before me, this ) t, -p 
 
 day of ,18 . f ^•■^• 
 
 G. H., Justice of the Peace. 
 
 § 89. Warrant on the foregoing Oomplaint. 
 County, ss : 
 To any Constable of said Coimty, greeting: 
 
 Complaiat has been made to me, G. H., one of the Justices of the 
 Peace of said county, upon the oath of E. F., of , in said county, 
 hatter, that C. B., an apprentice lawfully bound to serve the said 
 E. F., whose term of service is still imexpired, and with whom the 
 said E. F. hath not received, nor is entitled to receive, any sum of 
 money as a compensation for his instruction, refuses to serve the said 
 E. F., as by law and the terms of his indenture of apprenticeship he 
 is required : Now, therefore, you are hereby commanded forthwith 
 to apprehend the said C. B., and bring him before me, at my oflBce 
 in , to answer to the said E. F. and be dealt with according 
 
 to law. 
 
 Given under my hand, this day of ,18 . 
 
 G. H., Justice, of the Peace. 
 
AIPaENTlCES AND SERVANTS. 55 
 
 § 90. Commitment of an Apprentice Refusing to Serve. 
 
 County, ss : 
 To any Constable of said county, greeting: 
 
 Complaint on oath was made to me, the undersigned G. H., a Justice 
 of the Peace of said county, by E. F., of , in said county, 
 
 hatter, that C. B., an apprentice lawfully boimd to serve the said E. 
 R, whose term of service was stiU unexpired, and with whom the 
 said E. F. had not received, nor was entitled to receive, any sum of 
 money as a compensation for his instruction, refusM to serve the said 
 E. F., as by law and the terms of his indenture of apprenticeship he 
 was required : And the said C. B., by virtue of my warrant there- 
 upon issued, has been brought before me to be dealt with according 
 to law ; and whereas, after due proof before me of the facts as above 
 stated and set forth, the said C. B. still persists in such refusal to 
 serve the said E. F. : Now, therefore, you are hereby commanded, 
 in the name of the People of the State of New York, to take and 
 convey the said C. B. to the common jail of said county, and deliver 
 him to the keeper thereof, who is commanded to receive the said 
 C. B. into the said common jail, there to remain until he shall consent 
 to serve the said E. F. according to law. 
 
 Given. &c., \as in § 89.] 
 
 8 91. Complaint to two Justices concerning any Misdemeanor 
 or III Behavior of Apprentice. 
 
 To G. H. and S. T., Esquires, Justices of the Peace of the county 
 of : 
 
 I, E. F., of the town of , in said county, hatter, hereby 
 
 make complaint to you, that C. B., an apprentice lawfully bound to 
 serve me, the said E. F., whose term of service is stiU unexpired, 
 and with whom I have not received, nor am I entitled to receive, any 
 sum of money, as a compensation for his instruction, has been guilty 
 of misdemeanors and iU behavior toward me, the said E. F., as fol- 
 lows, viz : [descrihe the particulars of the complaint.'] E. F. 
 
 County, ss: 
 E. F. the person named in the foregoing complaint, being dulv 
 sworn, &c., [as in § 88.] 
 
 § 92. Warrant on foregoing Complaint. 
 
 County, ss: 
 To any Constable of said county, greeting: 
 
 Complaint has been made to us, the undersigned, Justices of the 
 Peace in and for the said county, upon the oath of E. F., of 
 in said county, hatter, that C. B., an apprentice lawfully bound to 
 
56 NEW CLERK'S ASSISTANT. 
 
 serve the said E. F., whose term of service is still unexpired, and 
 with whom the said E. F. hath not received, nor is entitled to receive, 
 any sum of money as a compensation for his instruction, has been 
 guilty of misdemeanors and iU-behavior toward him, the said E. F., 
 as follows, viz: [give the particfulara, as in the complaint.'] Now, 
 therefore, you are hereby commanded forthwith to apprehend the 
 said C. B., and bring hirn before us, at the ofSce of G. H., in the 
 town of , that we may hear, examine into, and determind 
 
 the said complaint, and deal with the said C. B. according to law. 
 Given under our hands, this day of , 18 . 
 
 G. H., Justice of the Peace. 
 8. T., Justice of the Peace. 
 
 § 93. Commitment of Apprentice on foregoing Complaint. 
 County, ss : 
 To any Constable of said county, greeting : 
 
 , Complaint on oath was made to us, the undersig-ned G. H." and S. 
 T., Justices of the Peace in and for the said county, by E. F., of 
 , in said county, hatter, that C. B., an apprentice lawfully 
 bound to serve the said E. F., whose term of service was stiU unex- 
 pired, and with whom the said E. F. had not received, nor was enti- 
 tled to receive, any sum of money as a compensation for his instruc- 
 tion, had been gmlty of misdemeanors and iU-behavior toward him, 
 the said E. F., as follows, viz : [as in the complaint f] and the said 
 C. B., by virtue of our warrant thereupon issued, has been brought 
 before us, and upon due examination of the proofe and aEegatious 
 of the parties, it satisfactorily appears to us, that the said 0. 3. is 
 guilty of the premises charged against him, as aforesaid :* Now. 
 therefore, you are hereby commanded, in the name of the People of 
 the State of New York, to take and convey the said C. B. to the 
 common jail of said county, and deliver him to the keeper thereof, 
 who is commanded to receive the said C. B. into the said common 
 jail, there to remain in solitary confinement, and to be employed at 
 hard labor, for the term of one month. 
 
 Given, &c., \(is in § 92.] 
 
 § 94. Discharge of the Apprentice from Service, and the Master 
 from his Obligations. 
 County, ss: 
 Complaint on oath was made to us, &c., [as in § 98 to the * and 
 then add:] Now, therefore, we do hereby discharge the said C. B. 
 from the service of the said E. F., and the said E. F. from all and 
 every of his obligations incurred under and by virtue of the indent- 
 ures of ajiprenticeship of the said C. B. 
 Given, &c., [a* in § 92.] 
 
APPRENTICES AND SERVANTS. 57 
 
 § 95. Complaint hy the Apprentice to two Justices, for the Cruelty 
 
 or Misusage of his Master, or his Refusal to furnish Mm 
 
 with Necessary Provisions, or Clothing. 
 
 To G. H. and S. T., Esquires, two of the Justices of the Peace of 
 
 the county of : 
 
 I, C. B., apprentice to E. R, of the town of , in said county, 
 
 hatter, hereby make complaint to you, that the said E. R, to whom 
 
 I am lawfully bound by indentures of apprenticeship, the term of 
 
 service in which hath not yet expired, and who hath not received, 
 
 nor is entitled to receive, any sum of money as a compensation for 
 
 my instruction, has cruelly beat, bruised, and wounded me, the said 
 
 C. B. , being his apprentice, as aforesaid; [or, has misused and lU 
 
 treated me, the said C. B., being his apprentice, as aforesaid, by 
 
 refusing to furnish me with necessary provisions and clothing ;] to 
 
 wit, at , aforesaid, on the day of ,18 
 
 C. B. 
 County, ss: 
 C. B., the person named in the foregoing complaint, being duly 
 sworn, &c., \as in § 88.] 
 
 § 96. Summons on the foregoing Complaint. 
 County, ss : 
 To any Constable of said county, greeting : 
 
 Complaint has been made to us, the undersigned, Justices of the 
 Peace, in and for the said county, upon the oath of C. B., apprentice 
 of E. R, of , in said county, hatter, that the said E. R, to 
 
 whom the said 0. B. is lawfully bound by indentures of apprentice- 
 ship, the term of service in which hath not yet expired, and who 
 hath not received, nor is entitled to receive, any sum of money as a 
 compensation for the instruction of the said C. B., has cruelly beat, 
 &c., \as in § 95, substituiing him /or me:] Now, therefore, you are 
 hereby commanded to summon the said E. R and C. B. to. appear 
 before us, at the office of G. H., in the town of , on the 
 
 day of instant, at two o'clock in the afternoon of 
 
 that day, that we may hear, examine and determine the said com- 
 plaint 
 
 Given, &c., [as «« § 92.] 
 
 § 97. Discharge of Apprentice on foregoing Complaint. 
 
 County, ss: 
 
 Complaint on oath was made to us, the undersigned, G. H. and S. 
 
 T., Justices of the Peace in and for the said county, by C. B., 
 
 apprentice to E. R, of , in said county, hatter, that the said 
 
 E. R, to whom the said C. B. was lawfully bound by mdentures of 
 
58 KEW CLERK'S ASSISTANT. 
 
 apprenticesliip, tlie term of service in ■which was stiE unexpired, and 
 who had not received, nor was entitled to receive, any sum of money 
 as a compensation for the instruction of the said C. B., had cruelly 
 beat, &c., [as in § 96 ;] and the said E. F., by virtue of our sum- 
 mons thereupon issued, has been brought before us, and upon due 
 examination of the proofs and allegations of the parties, it satisfacto- 
 rily appears to us, that the said E. F. is guilty of the premises so 
 charged against him, as aforesaid : ISTow, therefore, we do hereby dis- 
 charge the said C. B. from the service of the said E. F., any thing 
 in, his indentures of apprenticeship, as aforesaid, to the contrary, noC 
 withstanding. 
 
 Given, &c., [as in § 92.] 
 
 § 98. Complaint by Apprentice against the Master, where Money 
 
 has been paid, or agreed to be paid. 
 To G. H., a Justice of the Peace of the county of : 
 
 I, 0. B., apprentice to E. F., of the town of , in said county, 
 
 hatter, hereby make complaint to you, that the said E. F., to whom 
 I am lawfully bound by indentures of apprenticeship, the term of 
 service in which hath not yet expired, and who hath received the 
 sum of fifty dollars, [or, who is entitled to receive the sum of fifty 
 dollars, on the day of ,18 ,] as a compensation 
 
 for my instruction, has cruelly beat, bruised, and wounded me, the 
 said C. B., being his apprentice, as aforesaid, [or, has misused and ill 
 treated me, &c., as in^ 95.] 
 
 County, ss : 
 C. B., the person named in the foregoing complaint, being duly 
 sworn, (fee, [os in § 88.] 
 
 § 99. Summons on foregoing Complaint 
 ■ County, ss:- 
 To any Constable of said county, greeting : 
 
 Complaint has been made to me, one of the Justices of the Peace 
 in and for the said county, upon the oath of C. B., apprentice to B. 
 F., of , in said county, hatter, that the said E. R, to whom 
 
 the said C. B. is lawfully bound by indentures of apprenticeship, 
 the term of service in which hath not yet expired, and who hath 
 received the sum of fifty dollars, [or, as in § 98,] as a compensation 
 for the instruction of the said C. B., has cruelly beat, bruised and 
 wounded him, the said C. B., being his apprentice, as aforesaid, [or, 
 has misused and iU treated him, &c., as in § 95.] Now, therefore, 
 you are hereby commanded to summon the said E. F. and C. B. to 
 appear before me, at my office, in the town of , in said 
 
 coimtT. on the day of instant, at two o'clock in the " 
 
APPRENTICES AND SERVrANTO. 59 
 
 afternoon of that day, that I may hear, examine into, and determine 
 the said complaint 
 
 Given, &c., [as m § 89.]' 
 
 § 100. Recognizance of Master and Surety, on foregoing 
 Complaint. 
 State of New York, )^. 
 County, J ■ 
 We, E. F. and L. M., of , in said county, acknowledge our- 
 
 selves to be severally indebted to the People of the State of New 
 York, that is to say : The said E. F. in the sum of dollars, 
 
 and the said L. M., in the sum of dollars, to be well and truly 
 
 paid, if default shall be made in the condition following :* 
 
 Complaint on oath having been made to the undersigned, G. H., a 
 Justice of the Peace of the said county, by C. B., an apprentice, 
 against E. F., his master, above named, the parties were summoned 
 and appeared before the said Justice, and after due examination into 
 the premises, the difficulty between the said parties could not be 
 compoimded or reconciled: Now, therefore, the condition of this 
 recognizance is such, that if the said E. F. shall personally appear at 
 the next Court of Sessions, to be held in and for said county, then 
 and there to answer to the complaint aforesaid, and to do and receive 
 what shall, by the court, be then and there enjoined upon him, and 
 shall not depart the court without leave, then this recog-nizance shall 
 be void, otherwise of force. 
 
 Taken, subscribed, and acknowledged, ) E. F. [i. s.j 
 
 the day of ,18 , before me, J L. M. [l. s.| 
 
 G. H., Justice of the Peace. 
 
 § 101. Order of Court of Sessions on the Complaint. 
 Stateof New York, ). 
 
 County, J 
 At a Court of Sessions of the county of , held at , 
 
 in and for said county, on the day of ,18 : 
 
 Present, N. 0., Coimty Judge ; G. H., and S. T., Justices of the 
 
 Peace: 
 Complaint on oath having been made to G. H., a Justibe of the 
 Peace of the said county, by C. B., an apprentice, against E. F., his 
 master, who had received the sum of fifty dollars \or, who was 
 entitled to receive, &c., as in § 98,] as a compensation for the 
 instruction of the said C. B., that the said E. F. had cruelly beat. 
 
 1 If the Justice decides to make such order I may be varied for the purpose. If the diffi* 
 and direction in the premises as the equity of\ cully cannot be tompounded or reconciied^ 
 fA« case seems to Tequire^ forms § 94, or § 97, ] forms § 100, etc., wiil be founO applicabie. 
 
60 NEW CLERK'S ASSISTANT. 
 
 bruisfid, and wounded him, the said C. B., being his apprentice, as 
 aforesaid, [or, had misused and ill treated him, the said 0. B., being 
 his apprentice, as aforesaid, by refusing to furnish him with necessary- 
 provisions and clothing,] the said parties were summoned and ap- 
 peared before the said Justice ; and, after due examination into the 
 premises, the difficulty between the two parties could not be com- 
 pounded or reconciled : Whereupon the said E. F. was recognized 
 personally to appear at this Court of Sessions of the said county, to 
 answer to the complaint aforesaid, &c. : And now, the said parties 
 having been heard by their respective counsel, it is ordered and 
 decreed by this court, that the indentures of apprenticeship of the 
 said C. B. be, and the same are, hereby canceled, and declared of 
 none effect ; and that the said C. B. be, and is, forever discharged 
 from the same : And it is further ordered, that the said E. E. refund 
 to A. B., [or, to the personal representatives of A. B.,] the father, 
 [or, to M. B., the mother, or, guardian, as the case may Se,] of the 
 said C. B., the sum of fifty dollars, [or, the sum of dollars, being 
 part of thfe aforesaid sum of dollars,] paid by the said A. B. to 
 the said E. F., as a compensation for the instruction of the said C. B. : 
 [or: And it is further ordered, that A. B., or the personal represen- 
 tatives of A. B.,] the father [or, M. B., the mother, or, guardian, an 
 the case may Je] of the said C. B., be, and he [or, she] is hereby 
 forever discharged of and from his [or, her] agreement to pay to the 
 said E. F. the aforesaid sum of dollars, on the day of , 
 
 18 , as a compensation for the instruction of the said C. B., and 
 that the securities given therefor be forthwith delivered up or can- 
 celed.] L. M., Clerk. 
 
 I 102. Complaint hy Master against Apprentice Befusing to Serve, 
 
 where Money has been paid, or agreed to be paid. 
 To G. H., a Justice of the Peace of the county of : 
 
 I, E. F., of the town of , in said county, hatter, hereby 
 
 make complaint to you, that C. B., an apprentice lawfully bound to 
 serve me. the said E. F., whose term of service is still unexpired, 
 and with whom I have received the sum of dollars, [or, with 
 
 whom I am entitled to receive the sum of dollars, on thp 
 
 day of , 18 ,] as a compensation for his 
 
 instruction, refuses to serve me, as by law and the terms of his 
 indenture of apprenticeship he is required. Dated, &c., [as in § 8S 
 v>ith the verification^ 
 
 § 103. Summons on the foregoing QomplainL 
 County, ss: 
 "o any Constable of said County, greeting : — 
 
 Complaint has been made to me, G. H., one of the Justices of the 
 
APPRENTICES AND SERVANTS. 61 
 
 Peace of said county, upon the oatli of E. F., of , in said 
 
 county, hatter, that C. B., an apprentice lawfully bound to serve the 
 said E. F., whose term of service is still unexpired, and with whom 
 the said E. F. hath received the sum of dollars, [or, with 
 
 whom the said E. F. is entitled to receive the sum of dollars, 
 
 on the day of , 18 ,] as a compensation for his 
 
 instruction, refuses to serve the said E. F., as by law and the terms 
 of his indenture of apprenticeship he is required : Now, therefore, 
 you are hereby commanded, <fcc. [as in § 99.] 
 
 § 104. Recognizance of Apprentice and Surety on foregoing 
 Complaint. 
 State of New York, ) . > 
 
 County, J 
 
 We, 0. B., and K B., of, <fec., \as in § 100 to the*, and then addf^ 
 Complaint on oath having been made to the undersigned, G. H., a 
 Justice of the Peace of the said county, by E. F., the master, against 
 C. B., his apprentice above named, the parties were summoned, &c., 
 \as in § 100 to the end, substituting the name of the apprentice for 
 thai of the master^ 
 
 § 105. Order of Court of Sessions on the foregoing Complaint. 
 State of New York, ) . 
 County, j 
 At a Court of Sessions of the county of , held at , 
 
 in and for said coimty, on the day of ,18 : 
 
 Present, N. 0., County Judge; G. H., and S. T., Justices of 
 the Peace : 
 Complaint on oath having been made to G. H., a Justice of the 
 Peace of said county, by E. F., the master, against C. B., his appren- 
 tice, with whom the said E. F. had received the sum of 
 dollars, [or, with whom the said E. F. was entitled to receive the 
 sum of dollars, on the day of ,18 ,] as a com- 
 
 pensation for his instruction, that the said C. B. refused to serve the 
 said E. F., as by law and the terms of his indenture of apprentice- 
 ship he was required, the said parties were summoned and appeared 
 before the said Justice ; and after due examination into the premises, 
 the difficulty between the said parties could not be compounded or 
 reconciled : Whereupon the said C. B. was recognized personally to 
 appear at this Court of Sessions of the said county, to answer to the 
 complaint aforesaid, &o. : And now, the said parties having been 
 heard by their respective counsel, and the said C. B. being found 
 guilty of the premises, it is ordered and decreed that the said C. B. 
 .e fined in the sum of dollars, [or, that the said C. B. be 
 
63 HEW OLERK'3 ASSISTANT. 
 
 imprisoned in the common jail of said county of , there 
 
 to remain in solitary confinement until he shall consent to serve the 
 said E. F.; or, if necessary, include both fine and imprisonment, 
 or follow § 101, according to the order of the Court.y 
 
 1 "Where the master complains against the apprentice, for any misdemeanor, cr ill bebv 
 vtfflr, forms 1 102, ote., will require but little alterfttion to meet the o&se. 
 
CHAPTER IV. 
 ARBITRATION AIND AWARD. 
 
 PRACTICAL REMARKS. 
 
 1. All persons, except infants and married women, and persons 
 of unsound mind, may, by an instrument in writing, submit to the 
 decision of one or more arbitrators, any controversy existing between 
 them which might be the subject of an action at law, or of a suit in 
 equity; any claim to an interest for a term of years, or for one year, 
 or less, in real estate ; or any controversy respecting the partition of 
 lands between joint tenants, or tenants in common, or concerning the 
 boundaries of lands, or the admeasurement of dower. No claim to 
 real estate, in fee or for life, can be thus submitted. The parties to 
 any such admission may agree, that a judgment of any court of law 
 and of record, to be designated in such instrument in writing, as 
 aforesaid, shall be rendered upon the award made in pursuance 
 thereof.' 
 
 2. The arbitrators must appoint a place and time for the hearing, 
 otherwise their award will be void; and they have the power to 
 adjourn from time to time, or, for good cause shown, to postpone the 
 hearing to any time not extending beyond the day fixed for render- 
 ing their award. Before proceeding to take testimony, they must 
 take the prescribed oath. Such oath may be administered by any 
 .Judge, of any Court of Record, or by any Justice of the Peace, oi 
 by any Commissioner of Deeds. The attendance of witnesses may 
 be compelled by subpoena, to be issued by any Justice of the Peace 
 The oaths to witnesses and other persons examined before arbitra- 
 tors, may be administered by such arbitrators, or any, or either of 
 them." 
 
 3. All the arbitrators must meet together, and hear all the proofs 
 and allegations of the parties ; but an award by a majority will be 
 
 1 2 n.S. (3d ed.) 628, 5§ 1, 2: 1 Hill, 44. I chap. 187; 1 Hiil, 489 : 3 Barbour's S. C. 
 
 » 2 B. S. (3d ed.) 629, §5 3-6 ; Laws of 1843, | Rep., 275. 
 
64 
 
 KEW CLERK'S ASSISTANT. 
 
 vaKd, unless the concurrence of all be expressly required in the 
 submission. The award must be in writing, subscribed by the arbi- 
 trators, and attested by a subscribing witness.' 
 
 4. An award made without notice to the parties of the hearing, 
 and without their being present, or having an opportunity to be 
 heard, is absolutely void." 
 
 6. Upon proving the submission and the award, by the affidavit 
 of the subscribing witness, or by the affidavit of the arbitrators, 
 within one year after making such award, the court designated in 
 such submission shall, by rule, in open court, confirm the award 
 made in pursuance thereof, unless the same be vacated or modified, 
 or a decision thereon be postponed." 
 
 6. Any party complaining of such award, may move the court de- 
 signated in the submission, to vacate the same, upoj^ the ground that 
 it was produced by fraud or corruption ; or that the arbitrators were 
 guilty of misconduct in refusing to postpone the hearing, or reject- 
 ing proper testimony ; or that they exceeded their powers.* 
 
 7. Such award may be modified or corrected, in Mke manner, 
 where there is an evident miscalculation of figures ; where the arbi- 
 trators have decided some matter not submitted to them; or 
 where the award is imperfect All applications to vacate, or modify 
 an award, must be made at the next terin of the oovirt after the 
 publication of such award.' 
 
 8. Judgments entered up, in pursuance of any award and confirm- 
 ation thereof, may be set aside, in the same manner as judginents in 
 other cases, and are subject to the same, provisions of law." 
 
 9. Whenever a party revokes the submission to arbitration before 
 the publication of the award, he will be liable to the adverse party 
 for all the costs, expenses, and damages, the latter may have incur- 
 red. If the submission so revoked be contained in the condition of 
 the bond, suit may be commenced thereon by the obligee (the revo- 
 cation being assigned as the breach thereof,) who will be entitled to 
 recover the costs, expenses, and damages he may have incurred.' 
 
 10. Where a judgment, entered in pursuance of any award, as 
 aforesaid, requires a party to perform some act, other than the pay- 
 ment of money, and he refuses to do the same, he may be proceeded 
 against, as in other cases of contempt.' 
 
 11. A submission to arbitrators, of the subject matter of a pend- 
 ing suit, and an award thereon, puts an end to the suit ; and the 
 plaintiff's remedy is on the award.' 
 
 1 2 R. S. (3cl ed.) 629, 55 7, 8 ; 2 Hill, 75 ; 4 
 Barbouv's S. C. Hep., 250. 
 
 2 3 Barbour's S. C. Rep., 276. 
 
 3 2 R. S. (3d od.) 629, 5 9 ; 5 Wendell, 102 
 Id., 520 1 4 Hill, 651; G Id., 303. 
 
 < 2 R. S. (3d ed. ) 629, § 10 ; 17 Johns'jn, 405; 
 
 !0 Wendell, 689 ; 17 Id., 412 ; 1 Hill, .319, 489. 
 
 s 2 R R r3d ed.,N 629, 630, §§ 11, 12 ; 6 Wen- 
 
 dell, 520 ; 10 Id., 589 ; 17 Id , 412 ; 1 Paife, 
 293. 
 
 6 2 R. S. (3d ed.) 630, §5 13-17. 
 
 I 2 R. S. (3d ed.) 631, 5§ 23, 24 ; 16 John- 
 son. 205', 5Palse, 678. 
 
 »2R. S. (3ded.)631, § 18. 
 
 » 12 Wendell, 603; 1 Hill, 69; 2 Id., 387; 6 
 Id., 610 i 3 Barbour's S. C. Rep., 275. 
 
ARBITRATION AND AWARD. 
 
 65 
 
 12. If the arbitration bond requires the award to be in writing, 
 ready for delivery to the parties on or before a given day, the award 
 is a nullity, unless a counterpart of the award delivered to the pre- 
 vailing party is prepared for the other party.' 
 
 13. If an agent enter into a submission in his own name, or if a 
 person on behalf of himself and others, but without authority, enter 
 into such submission, he will be personally bound to perform the 
 award.' 
 
 14. A submission to arbitrators is valid, though by parol ; but 
 the award made in pursuance thereof cannot be enforced in the 
 manner prescribed by the statute.' 
 
 15. Where the submission to arbitrators contains an express con- 
 dition, the award must comply with it strictly.' 
 
 16. It is immaterial what the form of a submission may be, pro- 
 vided the intention of the parties appears.' 
 
 17. The award must be confined to the submission." 
 
 18. Where a submission is verbal, and there is no agreement that 
 the award shall be in writing, it may be by parol.' 
 
 19. Where the submission is made to two arbitrators, with the 
 power of choosing an umpire in case of disagreement, the award of 
 the umpire, when made, is final and conclusive.' 
 
 20. The power of arbitrators is confined to the parties submitted, 
 and if they exceed that limit, their award wiU, in general, be void.' 
 
 21. Oral testimony may be given, either in law or equity, to 
 invalidate an award, even though file submission and award be in 
 writing, and under seal." 
 
 22. An agreement to pay a certain sum, in case of not abiding by 
 an award, is a penalty, and the opposite party can only recover the 
 sum awarded." 
 
 23. No provision is made in the statute for the compensation of 
 arbitrators, but suit may be maintained by them separately, for a 
 reasonable sum in payment for their services." 
 
 24. Arbitrators are not obliged to deliver their award till their 
 fees are paid." 
 
 25. By the amended constitution of New York, tribunals of con- 
 ciliation are authorized to be established. No definite action has 
 yet been had in the Legislature on the subject; but should such 
 tribunals be established, they will be found to differ very slightly 
 in character from our present courts of arbitration, and the forms 
 used in the one can readily be adapted to the other." 
 
 1 1 Hill, 321. 
 
 a 5 Hill, 419. 
 
 s 2 Hill, 471. 
 
 4 3 Barbour's S. C. Rep., 56. 
 
 1 1 Barbour's S. C. Rep., 584. 
 
 • 1 Barbour's S. C. R6p.,325. 
 1 2 Barbour's Oh. Rep., 430. 
 
 • 17 Jolinson, 405 ; 1 Hill, 489. 
 
 » 7 Hill, 329. 
 >» 7 Hill, 329. 
 " 1 Denio, 464. 
 n 1 Denio, 183. 
 
 1° 3 Barbour's S. C. Rep., 276. 
 » Amended Const'tutioa, (1846,) Alt. n, 
 §23. 
 
66 NEW CLEEK'S ASSISTANT. 
 
 FORMS. 
 
 § 106. Special Stihnisswn to Arbitrators. 
 Whereas a controversy is now existing and pending, between A. 
 B., o^ &c., and C. D., of, &c., in relation to an exchange of horses, 
 made by and between the said parties, at the town of , aforesaid, 
 on the day of last past : Now, therefore, we, the under- 
 
 signed A. B. and C. D., aforesaid, do hereby submit the said contro- 
 versy to the arbiti-ament of E. ¥., L. M., and S. T., of, &c., or any 
 two of them ; and we do mutually covenant and agree, to and with 
 each other, * that the 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 E. R, L. M., 
 and S. T., or any two of them, and ready to be delivered to the said 
 parties in difference, or such of them as shall desire the same, on the 
 day of next 
 
 Witness our hands and seals, this day of , A. D. 18 . 
 In presence of ) A. B. [l. s.] 
 
 G. H. [ C. D. [l. s.] 
 
 § 107. General Submission. 
 Whereas differences have for a long time existed, and are .now 
 existing and pending, between A. B., of, &c., and C. D., of, <fec., in 
 relation to divers subjects of controversy and dispute : Now, there- 
 fore, we, the undersigned A. B. and C. D., aforesaid, do hereby 
 mutually covenant and agTee, to and with each other, that E. R, L. 
 M., and S. T., of, &c., or any two of them, shall arbitrate, award, 
 order, judge, and determine, of and concerning all and all mannei 
 of actions, cause and causes of actions, suits, controversies, claims, 
 and demands whatsoever, now pending, existing, or held, by and 
 between us, the said parties : and we do further mutually covenant 
 and agree, to and with each other, [(is in § 106, from the * *«■ the 
 end."] 
 
 § 108. Short Form of General Submission. 
 We, the undersigned, hereby mutually agree to submit all wir 
 matters in difference, of every name or nature, to the award and 
 determination of E. R, L. M., and S. T., for them to hear and deter- 
 mine the same, and make their award in writing, on or before tl« 
 day of next' 
 
 Witness our hands, this day of , 18 . 
 
 In presence of ) A B. 
 
 G. H. f CD 
 
ARBITRATION AND AWARD. 67 
 
 § 109. Agreement for Judgment, to he inserted in the Submission, 
 if necessary. 
 And it is hereby further agreed between the said parties, that 
 judgment in the Supreme Court of the State of New York [or. 
 County Court of county,] may be rendered upon the award to 
 
 be made pursuant to this submission, to the end that all matters in 
 controversy between them \if the svhmission be special, insert here, 
 in that behalf] shall be finaJly concluded. 
 
 § 110. Arbitration Bond} 
 
 Know all men by these presents : That I, A. B., of the town of 
 , in the county of , am held and firmly bound unto C. 
 
 D., of the town of , in the county of , in the sum of five 
 
 hundred dollars, lawful money of the United States, to be paid to 
 the said C. D., or to his certain attorney, executors, administrators, 
 or assigns ; for which payment, to be well and faithfully made, I bind 
 myself, my heirs, executors, and administrators, firmly by these 
 presents. 
 
 Sealed with my seal; dated the day of , A. D., 18 . 
 
 The condition of this obligation is such: That if the above boun- 
 den A. B., shall well and truly submit to the decision and award of 
 E. F., L. M., and S. T., named, selected, and chosen arbitrators, hs 
 weU by and on the part and behalf of the said A. B., as of the said 
 C. D., to arbitrate, award, order, judge, and determine, of and con- 
 cerning all and all manner of actions, cause and causes of actions, 
 suits, controversies, claims and demands, whatsoever, now depending, 
 existing, or held, by and between the said A. B. and the said CD.; 
 so that the said award be made in writing, under the hands of the 
 said E. R, L. M., and S. T., or any two of them, and ready to be 
 delivered to the said parties, or such of them as shall desire the same, 
 on or before the day of ,18 ; then this obUgation to 
 
 be void, or 'else to remain in full force. [ Where there is no submis- 
 sion in writing, separate from the bond, the following clause mag be 
 inserted here: And the above bounden A. B. hereby consents and 
 agrees, that judgment in the Supreme Court of the State of New 
 York [or, Coimty Court of county] shall be rendered upon the 
 award to be made, as aforesaid, to the end that all matters in contro- 
 versy between the said parties [or, the above mentioned matter in 
 controversy] may be finally concluded.] 
 
 Signed and sealed 1 A- B. [l. s.] 
 
 m presence of >• 
 G. H. ) 
 
 1 Each party should hare a bond. The obligor m one will be the obhgee in tne other. 
 
68 ^{EW CLEEK'S ASSISTANT. 
 
 § 111. Condition of Bond on a Special Submission. 
 The condition of the above obligation is such : That if the above 
 bounden A. B. shall well and truly submit to the decision of E. R, 
 L. M., and S. T., named, selected, and chosen arbitrators, as well by 
 and on the part and behalf of the said A. B., as of the said C. D., 
 between whom a controversy esdsts, to hear all the proofs and allega- 
 tions of the parties, of and concerning a certain exchange of horses, 
 made by and between them, at the town of , aforesaid, on Ihe 
 
 day 0^ &e., and all matters relating thereto; so that the award 
 of the said arbitrators be made, &c., [as in § 110.] 
 
 § 112. Notice to Arbitrators of their Appointment. 
 To E. R, L. M., and S. T., Esquires: 
 
 You are hereby, notified, that you have been nominated and chosen 
 arbitrators, as well on the part and behalf of the undersigned A. B., 
 of, &c., as of C. D., o^ (fee, also undersigned, to arbitrate, award, 
 (BC, [as in the submission or hand, specifying the time within which 
 the award must be made;'\ and you are requested to meet the said 
 parties at the house of O. R, in the town of , aforesaid, on 
 
 the day of, (fee, at ten o'clock in the forenoon of that day, for 
 
 the purpose of fixing upon a time and place when and where the 
 proofs and allegations of the said parties shall be heard. Dated the 
 
 day 0^ (fee. A. B. 
 
 Yours, (fee, C. D. 
 
 ' § 113. Arbitrator's Oath. 
 
 We, the undersigned, arbitrators, appointed by and between A. B. 
 and C. D., do swear that we, respectively, will faithfully and fairly 
 hear and examine the matters in controversy between the parties 
 above named, and wiU make a just award therein, according to the 
 best of our imderstanding. 
 
 Sworn to, this day of , ) . E. R 
 
 18 , before me. j L. M. 
 
 G. H., Justice of the Peace. • S. T. 
 
 § 114. Notice of Hearing for opposite Party, if necessary. 
 In the matter of an arbitration, of and 
 concerning certain matters in differ- 
 ence between A. B., of the one part, 
 and C. D., of the other part. 
 Sir : You will please take notice that a hearing in the mattei 
 above specified, will be had before the arbitrators, at the house of O. 
 R, in the town of, (fee, on the day, of (fee. Dated the day 
 
 of, (fee. . Yours, (fee, A. B. 
 
 To CD 
 
ARBITRATION AND AWARD. 69 
 
 § 115. Oath on Application to a Justice of the Peace for a 
 Subpoenal 
 
 You do swear that you will true answers make to all such ques- 
 tions as I shall put to you, touching the necessity and propriety of 
 my issuing a subpoena upon your present application for the same. 
 
 § 116. Subpoena to appear before Arbitrators. 
 Town of , ) 
 
 County, ) 
 The People of the State of New York, to K P., K. S., and J. 0, 
 Greeting : 
 We command you, and each of you, personally to appear and at- 
 tend at the house of 0. R; in the town of , in said county, on 
 the day of instant, at ten o'clock in the forenoon of that 
 day, before E. F., L. M., and S. T., arbitrators chosen to determine a 
 controversy, [or, certain matters in controversy,] between A. B. and 
 C. D., then and there to testify in relation thereto, before said arbi- 
 trators, on the part of the said A. B. Hereof fail not at your peril. 
 Given under my hand, this day of , 18 . 
 
 G. H., Justice of the Peace 
 
 § 117. Oath of Witness before Arbitrators. 
 You do solemnly swear, that the evidence you shall give to the 
 arbitrators here present, on a controversy, [or, on certain matters in 
 controversy,] between A. B. and C. D., shall be the truth, the whole 
 truth, and nothing but the truth : So help you God. [ The oath may 
 be varied according to form § 49, if required.'] 
 
 § 118. Revocation. 
 To E. R, L. M., and S. T., Esquires: 
 
 Take notice, that I do hereby revoke your powers as arbitrators 
 under the submission made to you by C. D. and myself, in writing; 
 [or a^ the case may bej^oaihe day of 18 . 
 
 A. B.' 
 
 § 119. Notice of Revocation. 
 To C. D.. 
 
 You are hereby notified that I have this day revoked the powers 
 of E. F., L M., and S. T., arbitrators chosen to settle the matters in 
 
 ' The statute doea not in terms render it | a If the submission is under seal, the 
 necessaryfor a Justice of the Peace to require instrument rerolcing it should likewise b« 
 a party to an arbitration, applying for a sub- 1 under seal, 
 poina, to be sworn, but it is always best to . 
 administer the oath 
 
70 ifEW CLEEK'S ASSISTANT. 
 
 controversy between us; and that the following is a copy of such 
 reyocation : {^Insert the Revocation.'\ Dated the day of 
 
 18 . Yours, &c., A. B. 
 
 § 120. Award. 
 To all to whom these presents shall come, or may concern : 
 
 Send greeting, E. R, L. M., and S. T., to whom were submitted, 
 as arbitrators, the matters in controversy existing between A. B., of, 
 &c., and C. D., of, &c., as by their submission in writing [or, by the 
 condition of their respective bonds of submission, executed by the 
 said parties, ^respectively, each to the other,] and bearing date the 
 day of , A. 1). 18 , more fully appears: Now, therefore, 
 know ye, that we, the arbitrators mentioned in the said submission, 
 \or, bonds,] having been first duly sworn according to law, and hav- 
 ing heard the proofs and allegations of the parties, and examined 
 the matters in controversy by them submitted, do make this award 
 in writing ; that is to say : The said C. D. shall make, execute, and 
 deliver, to the said A. B., on or before the day of instant^ 
 
 a good and sufficient assignment of a certain bond and mortgage, 
 executed, <fec., to the said C. D., (fee. ; and the said A. B. shall pay, 
 or cause to be paid, to the said C. D., the sum of dollars, 
 
 immediately upon the execution and delivery of the said assignment; 
 [or: The said C. D. shall pay, or cause to be paid, to the said A. 
 B., the sum of dollars, within ten days from the date hereof 
 
 in fuU payment, discharge, and satisfaction, of and' for all moneys, 
 debts and demands, due, or owing from him, the said C. D., to the 
 said A. B.; or: The said C. D. shall henceforth forever cease to 
 prosecute a certain suit commenced by him, against the said A. B., 
 in the Supreme Court of the State of New York, now pending and 
 undetermined in the said court; and the said A. B. shall pay,' or 
 cause to be paid, to the said C. D., on or before the ■ day o^ 
 (fee, the- sum of dollars, in fuU satisfaction of the costs, charges 
 and expenses, incurred by the said C. D., in and about the prosecu- 
 tion of his suit, as aforesaid.] And we do further award, adjudge 
 and decree, that the said A. B. and C. D. shall, and do, within ten 
 days next ensuing the date hereof, seal and execute unto each other, 
 mutual and general releases, of all actions, cause and causes of 
 action, suits, controversies, claims and demands whatsoever, for, or 
 by reason o^ any matter, cause, or thing, from the beginning of the 
 world down to the date of the said bonds of arbitration, \or, the said 
 submission.] 
 
 In witness whereof, we have hereunto subscribed these presents. 
 this day of , one thousand eight hundred and 
 
 In the presence of ) E. F 
 
 a H. f L. M. 
 
 S. T. 
 
ARBITRATION AND AWARD. 71 
 
 § ] 21. Release to he executed by Party to an Arbitration, 
 
 when required in the Award. 
 Know all men by these presents : That I, A. B., of the 
 of , for and in consideration of the sum of one dollar to me 
 
 in hand paid by C. D., of , and in pursuance of an award made 
 by E. F., L. M., and S. T., arbitrators between us, the said A. B. and 
 C. D., and bearing date the day of , one thousand eight 
 
 hundred and , do hereby release, and forever discharge, the 
 
 said C. D., liis heirs, executors, and administrators, of and from all 
 actions; cause and causes of action, suits, controversies, claims and 
 demands whatsoever, for, or by reason of, any matter, cause, or 
 thing, from the beginning of the world down to the day of 
 
 , one thousand eight hundred and . [Insert the date 
 
 of the bonds of arbitration, or of the sitbmission.J 
 
 In witness whereof, I have hereunto put my hand and seal, this 
 
 day of , one. thousand eight hundred and 
 In presence of ) A. B. [l. s.l 
 
 G. H. C 
 
 § 122. Affidavit of the Execution of the Arbitration Bond. 
 County, ss: 
 
 G. H., of said county, being duly sworn, deposes and says : that 
 he was present, and saw A. B. sign, seal, and, as his act and deed, 
 deliver the bond hereimto annexed ; that the name A: B., subscribed 
 to the said bond, is the proper and genuine signature of the said A. 
 B. ; and that this deponent set Ms name as a subscribing witness to 
 the same, at the time of its execution and dehvery by the said A. B., 
 as aforesaid : and further says not G. H. 
 
 Sworn to, &c., \as in § 113.] 
 
 § l23. Affidavit of the JSxecution of the Award. 
 
 County, ss: 
 
 G. H., of said county, being duly sworn, deposes and says : that 
 he was present, and saw E. F., L. M., and S. T., sign, publish, and 
 declare, their final award and arbitration in writing, between A. B., 
 0^ &c., and C. D., of, &c., bearing date the day of, &c., and 
 
 hereunto annexed; that the names E. F., L. M., and S. T., sub- 
 scribed to the said award, are the proper and genuine signatures of 
 the said E. F., L. M., and S. T.; and that this deponent set his name 
 as a subscribing witness to the said award, at the time of its execu- 
 tion and publication, as aforesaid: and further says not G. BL 
 
 Sworn to, &c., [as in § 113.] 
 
CHAPTER V. 
 
 ASSIGNMENTS. 
 
 PKACTICAL REMARKS, * ■ 
 
 1. In order to render an assignment valid, when made in good 
 faith, it is only necessary that it should contain sufficient words to 
 convey aH the right, title and interest, of the assignor, to the assignee, 
 and assure to the latter the fuU and entire possession and enjoyment 
 thereof 
 
 2. All transfers, or assignments, of goods, chattels, or things in 
 action, made in trust, for the use of the person making the same, 
 are void as against the creditors, existing or subsequent, of such 
 person.' 
 
 3. Every assignment of any estate, or interest, in lands, or in goods 
 or things in action, or of any rents or profits issuing therefrom, made 
 with the intent to hinder, delay, or defraud, creditors or other per- 
 sons, is void." 
 
 4. An insolvent debtor may give a preference to one creditor, to 
 the exclusion of all others, provided it be done in good faith ; and 
 this, even after suit commenced against him by another creditor." 
 
 5. If the assignor reserve to himself the power to revoke the con- 
 veyance ; or to change the trusts, by giving a preference to other 
 creditors at a future time ; or if he direct the surplus, after paying 
 the preferred creditors, to be returned to him ; the conveyance will 
 be void. The doctrine is well established, that the debtor must make 
 an unconditional surrender of his effects, for the benefit of those to 
 whom they rightfully belong.* 
 
 6. An assignment made by an insolvent debtor, of all his property, 
 m trust to pay certain specified creditors, and then, without making 
 provision for the remaining creditors, in trust to re-convey or re- 
 assign the residue to the debtor, is void on its face as to the creditors 
 
 1 2 R S. (3cl ed.> 195, §1:6 Hill 438. I « 14 Johnson, 458 ; 6 Cowen, 547 : 11 Wen- 
 
 a 2 B. S. (ad ed.) 197. 5§ 1-3. dell, 187 j 6 Hill, 438 
 
 • 6 Johnsan, 356 ; 6 Coy en, 287. | 
 
ASSIGNMENTS. 
 
 73 
 
 not provided for; and proof that there would be no surplus will not 
 make it good.' 
 
 7. General assignments by an insolvent debtor, giving preferences 
 to certain creditors, are upheld reluctantly by our coui-ts, and they 
 must be executed m perfect good faith, and an entire and absolute 
 surrender of the debtor's property must be made for the payment 
 of his debts." 
 
 8. An assignment by an insolvent debtor, ia trust to pay preferred 
 creditors, should not authorize the trustees named therein to sell 
 property on credit.' 
 
 9. An assignment for the benefit of creditors, authorizing the 
 assignee, in his discretion, to change the order of preference of the 
 creditors, is fraudulent and toid.' 
 
 IQ. Assignments of the property or effects of a limited partner- 
 ship, made by such partnership when insolvent, or in contemplation 
 of insolvency, and giving a preference to creditors, are void.' 
 
 11. Where an assignment is made for the benefit of creditors, it 
 must be accompanied by immediate delivery, either actual or implied." 
 
 12. Voluntary conveyances in trust for creditors are regarded with 
 jealousy, but the question of fraudulent iutent is always one of fact, 
 and not one of law.' 
 
 13. No higher rates of compensation should be given to trustees 
 or assignees, by an assignment, than those aEowed to executors, 
 administrators, and g-uardians, for similar services.' 
 
 14. An action brought by an assignee of a chose in action, wiU be 
 without prejudice to any set-off, or other defence, existing at the time 
 of, or before notice of the assignment." 
 
 15. Every assignment of any interest in land must be in writing.'" 
 Assignments of mortgages should be acknowledged and recorded, in 
 the same manner as direct conveyances of real estate. 
 
 16. An assignment of a mortgage by an individual, or by a corpo- 
 ration, withcJut a seal, is a valid transfer of the mortgage debt, though 
 not of the mortgage itself" 
 
 17. An assignment of a policy of insurance should always receive 
 the assent of the insurers ; to be signified in writing, if a company, 
 by the President or Secretary. 
 
 1 8. The assignee of an insurance policy cannot recover for any 
 loss in his own name, unless there be an express promise on the part 
 of the company to be responsible ; even though the assignment be 
 made with their consent." 
 
 1 i Bariour's S. C. Rep., 456 ; 2 Comstock, 
 36S. 
 
 a 6 Hill, 438 ; 10 Paige, 239. 
 
 s 9 Paige, 405 ; 2 Comslock, 365. 
 
 4 4 Barbonrs S. O. Rep., 646. 
 
 6 2 R. S. (3d ed.) 51, I 20. 
 
 « 1 Bartiour's S. C. Rep., 210. 
 
 ' 2 B. S. (3i lid.) 198, § 4 ; 8 Cowetl, 406 : 
 4 Wendell, 30? : 7 Id., 438: 8 Id., 375; 11 
 Id., 251 ; 12 Id^ 297 : 16 Id.. 212, 628 ; 16 Id., 
 D 
 
 620 ; 17 Id., 54, 492 ; 19 Id., 183, 514, 5M ; 
 20 Id., 118, 607 : 23 Id., 653 : S4 Id., 117; 25 
 Id,, 396, 615; 26 Id., 611 ; 1 Hill, 347, 438 
 467 ; 4 Id., 271 ; 6 Id., 433, 438 ; 3 Paige, 657 
 2 Barbour's S. C. Rep., 9. 
 
 s 2 Comstock, 365. 
 
 »■ Laws of 1849, part II., title iii., 5 112. 
 
 10 2 R, S. (3d. ed.) 47, § 44 , Id., 194, § 6 
 
 11 1 Denio, 620. 
 " 8 Hill, 88. 
 
74 HEW CLERK'S ASSISTAIIT. 
 
 FORMS. 
 
 § 124. Assignment to be Endorsed on an Instrument. 
 
 Li consideration of the sum of dollars, to me in hand paid, 
 
 by C. D., 0^ &c., the receipt whereof is hereby acknowledged, I do 
 hereby transfer, assign and set over, to the said C. D., his heirs and 
 assigns, all my right, title and interest, in and to the within instru- 
 ment ; and I do hereby constitute the said C. D., my attorney, in my 
 name, or otherwise, but at his own cost and charge, to take all 
 legal measures which may be proper or necessary, for the complete 
 recovery and enjoyment of the assigned premises. 
 
 Witness my hand and seal, this day of , 18 . 
 
 In presence of ) A. B. [l- s.l 
 
 G. H. [ 
 
 § 125. Assignment hy a Firm, for the Benefit of Creditors. 
 
 This indenture, made the day of , in the year , 
 
 between A; B. and 0. D., copartners, und9r the name, style, or firm, 
 of B. & D., of the first part, and E. F., of, &c., of the second part : 
 
 Whereas the said copartnership is justly indebted in sundry con- 
 siderable sums of money, and has become unable to pay and dis- 
 charge the same with punctuality, or in fuU ; and the said parties of 
 the first part are now desirous of making a fair and equitable distribu- 
 tion of their property and effects among their creditors : Now, there- 
 fore, this indenture witnesseth, that the said parties of the first part, 
 in consideration of the premises, and of the sum of one dollar to them 
 in hand paid, by the party of the second part, the receipt whereof 
 is hereby acknowledged, have granted, bargained and sold, released, 
 assigned, transferred and set over, and by these presents do gTant, 
 bargain and seE, release, assign, transfer and set over, unto the said 
 party of the second part, and to his heirs and assigns, forever, all 
 and singular, the lands, tenements and hereditament, situate, Ipng 
 and being within the State of New York, and all the goods, chat- 
 tels, merchandise, bills, bonds, notes, book accounts, claims, demands, 
 choses in action, judgments, evidences of debt and property, of every 
 name and nature whatsoever, of the said parties of the first part, 
 more particularly enumerated and described in the schedule hereto 
 annexed, marked " Schedule A" ; to have and to hold the same, and 
 every part and parcel thereof, with the appurtenances, to the said 
 party of the second part, his heirs, executors, administrators dnd 
 assigns : 
 
 In trust, nevertheless, and to and for the foUovring uses, intents 
 and purposes ; that is to say : that the said party of the second part 
 shall take possession of all and singular the lands, tenements and 
 
ASSIGNMENTS. 75 
 
 hereditaments, property and effects, hereby assigned, and sell and 
 dispose of the same, upon such terms and conditions as in his judg- 
 ment may appear bes^ but not upon credit, and convert the same 
 into money ; and shall also collect all and singular the said debts, 
 dues, bUls, bonds, notes, accounts, claims, demands and choses in 
 action, or so much thereof as may prove collectible ; and thereupon 
 execute, acknowledge, and deliver, all necessary conveyances and 
 instruments, for the purposes aforesaid : And by and with the pro- 
 ceeds of such sales and collections, the said paity of the second part 
 shall first pay and disburse all the just and reasonable expenses, 
 costs, charges and commissions, of executing and carrying into eflfect 
 this assignment, and all rents, taxes and assessments, due or to be- 
 come due, on the lands, tenements and hereditaments, aforesaid, untU 
 the same shall be sold and disposed of; and by and with the residue, 
 or net proceeds and avails, of such sales and collections, the said 
 party of the second part shall. 
 
 First, Pay and discharge, in ftdl, the several and respective debts, 
 bonds, notes and sums of money, due, or to grow due, from the said 
 parties of the first part, or for which they are hable, to the said party 
 of the second par^ and the several other persons and firms desig- 
 nated in the schedule hereto annexed, marked " Schedule B," 
 together with all interest moneys due, or to grow due thereon ; and, 
 if said net proceeds and avails shall not be sufiicient to pay and dis- 
 charge the same, in full, then such net proceeds and avails shall be 
 distributed pro rata, share and share alike, among the said several 
 persons and firms named in said Schedule B., according to the 
 amount of their respective claims ; and, 
 
 Secondly, By and with the residue and remainder of the said net 
 proceeds and avails, if any there shall be, the said party of the 
 second part shall pay and discharge all the other copartnership 
 debts, demands, and liabilities, whatsoever, now existing, whether 
 due, or hereafter to become due, provided such remainder shall be 
 sufficient for that purpose ; and, if insufficient, then the same shall 
 be applied pro rata, share and share alike, to the payment of said 
 debts, demands and liabilities, according to their respective amounts ; 
 and. 
 
 Thirdly, By and with the residue and remainder of the said net 
 proceeds and avails, if any there shall be, the said party of the 
 second part shall pay and discharge all the private and individual 
 debts of the parties of the first part, or either of them, whether due, 
 or to grow due, provided such remainder shall be sufficient for that 
 purpose ; and, if insufficient, then the same shall be applied pro 
 rata, share and share alike, to the payment of the said debte, accord- 
 ing to their respective amounts ; and. 
 
 Lastly, The said party of the second part shall return the sui- 
 plua of the said net proceeds and avails, if any the'-e shall be, to tha 
 
76 
 
 NEW CLERK'S ASSISTANT. 
 
 said parties of the first part^ their executors, administrators, or 
 assigns. ** 
 
 And, for the better execution of these presents, and of the seve- 
 ral trusts hereby reposed, the said parties of the first part do hereby 
 make, nominate and appoint, the said party of the second part, and 
 his executors, administrators and assigns, their, and each of their 
 true and lawful attorney, irrevocable, with full power and authority 
 to do, transact and perform, aU acts, deeds, matters and things, 
 which can, or may, be necessary in the premises, as fully and com- 
 pletely as the said parties of the first part, or either of them, might 
 or could do, were these presents not executed ; and attorneys, one 
 or more, under him to make, nominate, and appoint, ^th full power 
 of substitution and revocation ; hereby ratifying and confirming all, 
 and every thing whatsoever, that our said attorney, and his attor- 
 neys, shall do, or cause to be done, in the premises. 
 
 In witness whereof, the said parties of the first part have here- 
 unto set their respective hands and seals, the day and year above 
 written.' 
 
 Signed, sealed and delivered, 
 
 in the presence of 
 
 G. H. 
 
 A. B. [l. s;] 
 C. D. [l. s.] 
 
 §126. General Assignment. 
 Know all men by these presents : That I, A. B., of, &c., for value 
 received, have sold, and by these presents do grant, assign, and con- 
 vey, unto C. D., of, (fee, all the notes, accounts, dues, debts, and 
 demands, specified in the schedule hereunto annexed, marked " Sche- 
 dule A," to have and to hold the same unto the said C. D., and his 
 executors, administrators, and assigns, forever, to and for the use of 
 the said C. D. ; hereby constituting and appointing the said C. D. my 
 true and lawful attorney, irrevocable, in my name, place, and stead, 
 for the purpose aforesaid, to 9sk, demand, sue for, attach, levy, re- 
 cover and receive, all such sum and sums of money which now are, 
 or may hereafter become due, owing and payable, for, or on account 
 of, all or any of the notes, accounts, dues, debts and demands, above 
 assigned ; giving and granting unto my said attorney, full power and 
 authority, to do and perform Si and every act and thing whatsoever, 
 requisite and necessary, as fully, to aU intents and purposes, as I 
 might or could do, if personally present, with foQ power of substitu- 
 tion and revocation ; hereby ratifying and confirming all that the said 
 
 I The above form may be readily varied, 
 if the assignment is intended to be made for 
 the general benefit of creditors, without 
 preference; or if there are to be two or 
 more claflses of preferred debts. In order 
 
 to save trouble and expense, in passing the 
 title of real estate", deeds regularly acknow- 
 ledged and executed, ought to accompany 
 an assignnjint embracing real property. 
 
ASSIGNMENTS. 77 
 
 attorney, or his substitute, shall lawfully do, or cause to be done, by 
 virtue hereof. 
 
 In witness whereof, I have hereunto set my hand and seal, the 
 day of , one thousand eight hundred and 
 
 Signed, sealed, and delivered, ) 
 in the presence of >• 
 
 E. F. ) A. B. [l. S.J 
 
 § 127. Assignment of Bond. 
 
 Enow all men by these presents: That I, A. B., of, &c., of the 
 first part, for and in consideration of the sum of dollars, 
 
 lawful money of the United States of America, to me in hand paid 
 by C. D., o^ &c., of the second part, the receipt whereof is hereby 
 acknowledged, have bargained, sold, and assigned, and by these 
 presents do bargain, sell, and assign, unto the said party of the second 
 part, his executors, administrators, and assigns, a certain written bond 
 or obligation, and the condition thereof bearing date the day 
 
 of , one thousand eight hundred and , executed by 
 
 E. F. to the said A. B., and all sum and sums of money, due, or to 
 gTOW due thereon: And I do hereby covenant with the said party of 
 the second part, that there is now due on the said bond or obligation, 
 according to the condition thereof, for principal and interest, the sum 
 of dollars ; and I hereby authorize the said party of the 
 
 second part, in my name, to ask, demand, sue for, recover, and 
 receive, the money due, and that may grow due thereon, as afore- 
 said. 
 
 In witness, &c., [as in § 126.] 
 
 § 128. Assignment of Judgment. 
 This indenture, made the day of , one thousand 
 
 eight hundred and , between A. B., of, &c., of the fii-st part, 
 
 and C. D., of, &c., of the second part : Whereas the said party of 
 the &st part, on the day of July, one thousand eight hundred 
 
 and , recovered by judgment, in the Supreme Court of 
 
 the State of New York, against E. F., of, &c., the sum of 
 dollars and cents, damages and costs, [or, dollars 
 
 of debt, and dollars for damages and costs :] Now, there- 
 
 fore, this indenture witnesseth, that the said party of the first part, in 
 consideration of dollars, to him duly paid, hath sold, and by 
 
 these presents doth assign, transfer, and set over, unto the said party 
 of the second part, and his assigns, the said judgment, and all sum 
 and sums of money that may be had, or obtained, by means thereol^ 
 or any proceedings to be had thereupon. And the said*party of the 
 first part doth hereby constitute and appoint the said party of the 
 second part, and his assigns, his true and lawful attorney, and attor- 
 
78 NEW CLERK'S ASSISTANT. 
 
 neys, irrevocable, witli power of substitution and revocation, for the 
 use, and at the proper cost and charge of the said party of the second 
 part, to ask, demand, and receive, and to sue uut 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 ; hereby ratifying and confirming all that his 
 said attorney or attorneys shall lawfully do, or cause to be done, in 
 the premises. And the said party of the first part doth covenant, 
 that there is now due on the said judgment the sum of dollars, 
 
 and that he will not coHeot or receive the same, or any part thereof, 
 nor release or discharge the said judgment, but will own and allftw 
 all lawful proceedings therein ; the said party of the second part 
 saving the said party of the first part harmless, of and from any costs 
 and charges in the premises. 
 
 In witness whereof, the party of the first part hath hereunto set 
 his hand and seal, the day and year first above written. 
 
 Sealed and delivered in the ) 
 presence of >- 
 
 G. H. ) A. B. [l. S.J 
 
 § 129. The Same, in a Shorter Form. 
 
 Supreme Court: 
 A. B. \ Judgment for $1000 on a bond, dated first May, 
 
 against > 1845. Conditioned for the payment of $500 and 
 E. F. ) interest — costs taxed at $21,50. Judgment docketed 
 August 2, 1845, in County Clerk's Office. 
 
 In consideration of dollars, to me paid, I do hereby sell, 
 
 assign, and transfer, to C. D., the judgment above mentioned, for his 
 use and benefit; hereby authorizing him to collect and enforce pay- 
 ment thereof, in my name, or otherwise, but at his own costs and 
 charges : and covenanting that the sum of dollars, with the 
 
 interest from the day of , in the year 
 
 besides the costs, is due thereon. 
 In witness, &c., \as in § 126.] 
 
 § 130. The Same, in Another Form. 
 County Court: 
 A. B. ^ Judgment docketed 31st July, 1847, for $210, 
 
 against > 27, damages and costs. 
 
 E. F. ) For value received, I do hereby assign, transfer 
 
 and set over, the above mentioned judgment, to C. D., for his use, 
 and at his rjgk, costs and charges, in all respects. 
 
 Dated the day of , 18 . A B. 
 
ASSIGNMENTS. 79 
 
 § 131. Assignment of Bond and Mortgage: 
 Know all men by these presents : That I, A. B., of, &c., of the 
 first part, in consideration of the sum of dollars, lawful 
 
 money of the United States, to me in hand paid by C. D., o^ &c., of 
 the second part, the receipt whereof is hereby acknowledged, have 
 granted, bargained, sold, assigned, transferred, and set over, and by 
 these presents do grrant, bargain, sell, assign, transfer and set over, 
 unto the said party of the second part, a certain indenture of mort- 
 gage, bearing date the day of , one thousand eight 
 hundred and , made and executed by E. R, and M. his wife, 
 of; &c., to the said party of the first part, together with the bond or 
 obligation therein described, and the money due or to grow due 
 thereon, with the interest : to have and to hold the same, xmto the 
 said party of the second part, his executors, administrators, and 
 assigns, for their use and benefit; subject only to the proviso in the 
 said indenture of mortgage mentioned : And I do hereby make, con- 
 stitute and appoint, the said party of the second part, my true and 
 lawful attorney, irrevocable, in my name, or otherwise, but at his 
 own proper costs and charges, to have, use, and take, all lawful ways 
 and means, for the recovery of the said money and interest ; and, in 
 case of payment, to discharge the same, as fully as I might, or could 
 do, if these presents were not made : And I do hereby covenant, to 
 and with the said party of the second part, that there is now due and 
 owing upon the said bond and mortga;ge, the sum of dollars, 
 with interest from the day of , 18 ; and that I 
 have good right to sell, transfer and assign, the same, as aforesaid. 
 In witness, &c., [as in § 126.] 
 
 § 132. The Same, in a Shorter Form.. 
 
 E. F., and M., his wife, ) Mortgage dated the day of, 
 
 vs. > &c., executed by E. F., and M., his wife, 
 
 A. B. ) to A. B., on certain premises described 
 
 therein, being part of lot No. , in the town of , in the 
 
 county of ; recorded in County Clerk's office. 
 
 La book No. of Mortgages, pages , &c. 
 
 Bond bearing -date the day aforesaid, executed by E. F., to A. B., 
 
 aforesaid, in the penal sum of dollars, conditioned for the 
 
 payment of dollars, secured by the above mortgage, on the 
 
 day of , 18 , with interest 
 
 In consideration of dollars, to me paid, by C. D., oi^ &c., 
 
 I do hereby assign, transfer and set over, unto the said C. D., the 
 
 mortgage above described, and the bond accompanying the same, as 
 
 aforesaid, for his use and benefit; 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 
 
 dollars, with interest from the dav of last 
 
80 NEW CLEEK'S ASSISTANT. 
 
 past, is now due and oTving on the said bond and mortgage ; and 
 that I have good right to sell and assign the same. 
 In -witness, &c., [as in § 126.] 
 
 § 133. The Same, Endorsed on Mortgage. 
 In consideration of dollars, to me in hand paid, by C. D., 
 
 of, &c., I do hereby sell, assign, transfer, and set over, unto the said 
 C. D., the within indenture of mortgage, together with the bond 
 accompanying the same, for his use and benefit; hereby authorizing 
 him [as m § 132, to the endi\ 
 
 § 134. Assignment of Bond and Mortgage, as Collateral 
 Security/. 
 
 This indenture, &c., [or. In consideration of, &c., as in either of 
 the forms immediately/ preceding, and then add:'] But this inden- 
 ture [or, this assignment] is, nevertheless, made upon this express 
 coi^dition, that if the said A. B., his heirs, executors or administrators, 
 shall well and. truly pay, or cause to be paid, unto the said C. D., his 
 heirs, executors, administrators, or assigns, the sum of dollars, 
 
 on or before the day of , 18 , with interest from 
 
 the date hereof, this indenture [or, this assignment] shall be void and 
 of no effect ; it being made for the purpose of securing the payment 
 of the said sum of' dollars, with interest, as aforesaid, and for 
 
 no other purpose whatever: And in case the said C. D., his heirs, 
 executors, administrators, or assigns, shall collect and receive the 
 money due on said mortgage hereby assigned, he, or they, shall, after 
 retaining the sum of dollars, with ifie interest thereon, and his, 
 
 or their, reasonable costs and charges in that b6half expended, pay 
 the surplus, if any there be, to the said A. B., his heirs, executors, 
 administrators, or assigns. 
 
 In witness whereof, the said parties have hereto set their respective 
 hands and seals, the day and year first above written, [or, the 
 day of , 18 .] 
 
 Signed, sealed and delivered, ) A. B. [l. s.] 
 
 in presence of f C. D. [l. s.] 
 
 G. H. 
 
 § 135. Assignnient of Lease. 
 Know aU men by these presents : That I, A. B., o^ &c., for and 
 in consideration of the sum of dollars, lawful money of the 
 
 United States, to me paid, by C. D., of, &c., have sold, and by these 
 presents do grant, convey, assign, transfer and set over, unto the said 
 C. D., a certain indenture of lease, bearing date the day of 
 
 , in the year one thousand eight hundred and , 
 
 made by L. M., of, &c., to me, the said A. B., of a certain dwelling- 
 
ASSIGNMENTS. 81 
 
 house and lot, situate m, &c., witli all and singular the premises 
 therein mentioned and described, and the buUdmgs thereon, together 
 •with the appurtenances ; to have and to hold the same unto the said 
 C. D., his heirs, executors, administrators, and assigns, from the 
 day of next, for and during all the res^ residue, and 
 
 remainder, of the term of years mentioned in the said in- 
 
 denture of lease; subject, nevertheless, to the rents, covenants, 
 conditions, and provisions, lierein also mentioned : And I do hereby 
 covenant and agree, to and \nth the said C. D., that the said assigned 
 premises now are free and clear, of and from all former and other 
 gifts, grants, bargains, sales, leases, judgments, executions, back rents, 
 taxes, assessments and incumbrances, whatsoever. 
 In witness, &o., {as in § 126.] 
 
 § 136. The same, hy Endorsement. 
 
 In consideration of the sum of dollars, to me in hand paid, 
 
 by C. D., o^ (fee, the receipt whereof I hereby acknowledge, I have 
 bargained, sold, assigned and set over, and by these presents do bar- 
 gain, sell, assign and set over, unto the said C. D., his heirs and 
 assigns, the within written indenture of lease, and all my estate, 
 right, title, interest, claim, projierty and demand, of, in and to, the 
 lands, tenements, hereditaments and premises, therein mentioned, 
 which I now have, by means of the said indenture, or otherwise ; 
 subject, nevertheless, to the rents and covenants in the said inden- 
 ture contained. 
 
 In witness, &c., \as in § 126.] 
 
 § 137. Assignment of Contract for the Sale of Seal Estate. 
 
 Know all men by these presents : That I, A. B., o^ &c., for and 
 in consideration of the sum of dollars, lawful money of the 
 
 United States, to me paid, by C. D., of, &o., have sold, and by these 
 nresents do sell, transfer, assign and set over, unto the said C. D., a 
 contract for the sale of certain real estate, being part of lot No. , 
 in the town of , in the county of , aforesaid, [or, situate in, 
 
 (fee, and described as follows: giving the description infull;~\ which 
 said contract was made and executed by E. F., of, &c., to the said 
 A. B., and bears date the day of ,18 : to have and 
 
 to hold the same unto the said C. D., his heirs, executors, adminis- 
 trators and assigns, for Ms and their use and benefit, forever; subject, 
 nevertheless, to the covenants, conditions and payments, therein men- 
 tioned : And I hereby fuUy authorize and empower the said C. D., 
 upon his performance of the said covenants and conditions, to demand 
 and receive of the said E. F. 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, &o., [a« in § 126.] g 
 
82 HEW CLEEK'S ASSISTANT. 
 
 § 138. The Same, hy indorsement. 
 
 In consideration of the sum of dollars, to me in hand paid, 
 
 by C. D., of, &c., the receipt whereof I hereby acknowledge, I have 
 bargained, sold, assigned and set over, and by these presents do bar- 
 gain, sell, assign and set over, unto the said C. 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 premi 
 ses therein .described; subject, nevertheless, &c., [a« m § 13V, to 
 the endl\ 
 
 § 139. Assignment of Bail Bond. 
 Know all men by these presents : That I, A. P., the Sheriff within 
 named, do assign and set over, to A. B., the plaintiff therein named, 
 at his request, the within bail bond, or obligation, pursuant to the 
 statute in such case made and provided. Dated , this 
 
 day of , 18 . 
 
 Signed, sealed and delivered, ) 
 
 in the presence of ) A. P., Sheriff, [l. s.] 
 
 G. H. 
 
 § 140. Assignment of Partnership Property hy one Partner to 
 another, to Close the Concern. 
 
 Whereas, a copartnership has heretofore existed, between A. B. 
 and C. D., both of the town of , in the county of , under 
 
 the firm name of B. & D., which said copartnership is hereby dis- 
 solved and determined : 
 
 liTow, therefore, this indenture, made this day of , in 
 
 the year , by and between the said A. B. of the one part, and 
 
 the said C. D. of the other part, witnesseth: That the said A. B. 
 doth hereby sell, transfer, aissign and set over, unto the said C. D., 
 his moiety of all the stock in trade, goods, merchandise, effects and 
 property, of every description, belonging to, or owned by, the said 
 copartnership, wherever the same may be ; together with all debts, 
 choses in action, and sums of money, due and owing to the said firm, 
 from any and all' persons whomsoever, to hold the same to the said 
 C. D., and his assigns, forever, in trust, for the following purposes, 
 namely: That the said C. D. shall sell and dispose of all the goods, 
 property, and effects, belonging to the said firm, at such time and in 
 such manner as he may tHnk prudent; and shall, with reasonable 
 diligence, collect aU the debts and sums of money due and owing to 
 the said firm ; and shall, out of the proceeds of the said sales, and 
 with the moneys thus collected, pay and discharge all the debts and 
 sums of money now due and owing from the said firm, as far as the 
 proceeds of said sales, and the sums of money collected, will go ; and 
 
ASSIGNMENTS. 83 
 
 after fully satisfying aU demands against the said fii-m, if there be 
 any surplus, shall pay over one moiety thereof to the said A. B., or 
 his representatives. 
 
 And the said A. B. doth hereby constitute and appoint the said 
 C. D., his attorney, irrevocable, in his, the said C. D.'s, own name, 
 or in the name of the said firm, to demand, collect, sue for and 
 receive, any and ail debts and sums of money due and owing to 
 the said firm; to institute and prosecute suits for the recovery 
 of the said debts, or to compound the same, as he may judge 
 most expedient; to defend any and all suits against the said firm; 
 to execute all such discharges, releases and acquittances, as may 
 be necessary; and, generally, to do all such acts and things as 
 may be necessary or proper, for the full and complete settlement 
 of all business and concerns of the said copartnership. 
 
 And the said C. D., for himself and his heirs, executors and 
 administrators, hereby covenants, to and with the said A. B., and 
 his representatives, that he will sell and dispose of all the part- 
 nership property and effects, to the best advantage; that he wUl 
 use hK best diligence and endeavors to collect" all debts and sums 
 of money due and owing to the said firm; and that he will truly 
 and faithfully apply the proceeds of said sale, and the moneys 
 collected, to the payment, discharge and satisfaction, of all debts 
 and demands against the said fimi, as far as the same will go; 
 and after discharging all such debts, will pay over to the said A. 
 B., or his representatives, one moiety of any surplus that may remain; 
 and further, that he will keep a full and accurate account of all 
 moneys received by him, for goods sold, or debts collected, as well 
 as of all moneys paid out, and will render a just, true, and full 
 account thereof, to the said A. B., or his representatives. 
 
 And the said A. B., for himself, his heirs, executors and adminis- 
 trators, covenants to and with the said C. D., his heirs, &c., that 
 if it shall be found that the debts due and owing from the said 
 firm exceed the amount of moneys received from the sale of the 
 said partnership property and effects, and the debts collected, he 
 will pay unto the said C. D., or his assigns, one moiety of any 
 balance that may then be found due and owing from the said firm. 
 
 In witness, &c., [as in § 134.] 
 
 § 141. Assignment by a Sheriff, to his Successor in Office. 
 
 This indenture, made this day o^ &c., between G. H. C, 
 
 Esq., former Sheriff of the county of , of the first part, and 
 
 A. P., Esq., the present Sheriff thereof of the second part, wit- 
 nesseth: That the said G. H. C, the said former Sheriff, doth, by 
 and with these presents, deliver to the said A. P., his said successor, 
 the jail of the said county, with its appurtenances, with the pro- 
 perty of the said county therein, all the prisoners confined there- 
 
84 NEW CLERK'S ASSISTANT. 
 
 in, all process, orders, rules, commitments, and all other papers 
 and documents, in the custody of the said G. H. C, as former 
 Sheriff as aforesaid, authorizing or relating to the confinement of 
 such prisoners, and each and every of them: and in those cases 
 where any such process shall have been returned, a statement in 
 writmg of the contents thereof and when returned; all writs, sum- 
 monses, and complaints, to be served, and aU mesne process, and 
 all precepts and other documents for summoning of a grand or 
 petit jury, now in the hands of the said G. H. C, Esq., and which 
 have not yet been fully executed by him; all executions, attach 
 ments, and final process, now in the hands of the said G. H. C, 
 except such as he has executed, or has begun to execute, by the 
 collection of money thereon, or by a levy on property, in pursu- 
 ance thereof The delivery is made imder and in pursuance of 
 the Kevised Statutes in that behalf enacted; and the said G. H. 
 C. doth also herein and hereby recite and certify the property, 
 process, documents and prisoners, dehvered, specifying herein the 
 process, or other authority, by which each of those prisoners was 
 committed and is detained, and whether the same be returned or 
 delivered to the said A. P., the said present Sheriff, (who hath 
 on the duphcate hereof, acknowledged in writing, the receipt of 
 such property, process, documents and prisoners, herein specified;) 
 that is to say: 
 
 1. The property herewith delivered is as follows: [under each 
 head give the particulars and details, dates, names of parties, des- 
 cription of process, courts, accovmts, <&c.'\ 
 
 2. The process herewith delivered is as follows: 
 
 3. The documents herewith delivered are as follows: 
 
 4. The prisoners herewith dehvered are as follows : [name them, 
 with the dates of commitment, offences, tfcc] 
 
 In witness whereof, as well the said former, as the said pre- 
 sent Sheriff, have hereunto interchangeably set their hands and 
 seals, the day and year first above writtea' 
 
 Sealed and delivered ) G. H. C. [l. a] 
 
 in presence of j A. P. [l. s.] 
 
 C. D 
 E. F' 
 
 §. 142. Assignment of a Debt, or Wages. 
 
 Know all men by these presents : That I, A. B., of, &c., for and 
 
 in consideration of the sum of dollars, to me paid, by C. D., 
 
 o^ &c., the receipt whereof is hereby acknowledged, have sold, and 
 
 by these presents do sell, assign, transfer and set over, unto the said 
 
 1 The receipt endorsed on the duplicate, I and prisoners, specified in the within instru 
 may be as follows: " I hereby acknowledge ment. Dated, &c. 
 
 that I have received of G. H. C., late Sheriff, I A. P., Sheriff of the county of -'* 
 
 of, &c., the property, process, dociiments | See, 2 R. S. (3d ed.) 534, § 87 
 
ASSIGNMENTS. 85 
 
 C. D., a certain debt due me from E. F., amounting to the sum of 
 dollars, for goods sold and delivered, [or, work, labor and 
 services,] with ftdl power to sue for, collect and discharge, or sell and 
 assign the same, in my name, but at his own costs and charges : 
 And I do hereby covenant^ that the said sum of dollars, is 
 
 justly due as aforesaid, and that I have not done, and will not do, 
 any act to hinder, or prevent, the coUeotion of the same by the 
 said C. D. 
 
 In vritness, &c., [os in § 126.] 
 
 § 143. Assignment of Policy of Insurance. 
 
 Know all men by these presents : That I, A. B., of, &c., in the 
 annexed policy named, for and in consideration of the sum of one 
 dollar, to me in hand paid by C. D., of, &c., 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 C. D., the annexed policy of Insurance, and all sum and 
 sums of money, interest, benefit 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 C. D. and his assigns, 
 forever.* 
 
 In witness, &c., \as in § 126.] 
 
 The above assignment is approved. 
 
 M. R, President [or. Secretary] 
 
 of the Insurance Company. 
 
 §. 144. Assignment of Policy, as Security. 
 
 Know all men, &c., [as in § 143 to the *, and then add:"] upon 
 the condition, however, that if a certain promissory note, for the sum 
 of dollars, bearing date the day of , given by 
 
 the said A. B., to the said C. D., is well and truly paid, according 
 to the terms thereof, then this assignment is to be void. 
 
 In witness, &c., [as in § 126; adding the approval in § 143, 
 if necessary.'] 
 
CHAPTER VI. 
 AUCTIONS. 
 
 PRACTICAL REMARKS, 
 
 1. Any citizen of the State of New York may become an auc- 
 tioneer, and may legally transact the business, and perform the 
 duties of an auctioneer, in the county in -which he resides, on exe- 
 cuting, and depositing with the Comptroller, within ten days after 
 such execution, an approved bond, with two sufficient freeholders as 
 his sureties, in the penalty of ten thousand dollars ; conditioned for 
 the faithful performance of the duties of his oflBce, and for the pay- 
 ment of the duties imposed by law, and that shall accrue on aU 
 sales made by him ; and that the bond shall be forfeited, in case the 
 obligor shall not render a true and accurate account, semi-annually, 
 af all goods sold, or struck off, by him. Such bond, if executed by 
 an auctioneer residing in a city, must be taken and approved of by 
 the Mayor or Recorder; in other cases, by the County Judge of the 
 county in which the auctioneer resides. The bond must be renewed 
 annually, on or before the first day of January. In the city of New 
 York, within ten days after the execution of the bond, a copy 
 thereof, and of the certificate of approval, certified by the officer 
 taking the same, must be filed with the Clerk of the city and county, 
 under a penalty of one hundred doUars.' 
 
 2. In case of the inability of an auctioneer to attend to his duties, 
 by sickness, by his duty as a fireman, by reason of military orders., 
 or by his necessary attendance in a court of justice, or on account of 
 temporary absence, he may employ a copartner, or clerk, to act in 
 his name ; such copartner, or clerk, having previously taken an oath, 
 to be filed with the Clerk of the county, fully and faithfully to per- 
 form the duties incumbent on him by the provisions of Title 1, of 
 Chapter 17, of Part I., of the Eevised Statutes; which oath must 
 also state the connection between him and the auctioneer." 
 
 1 1 R. S. (3d ed.) 646, 647, §§ 11-18 : Laws of I a 1 R. S. (3d ed.) 646, 5 8 • Laws of 1835, 
 J38, chap. 52 ; Laws of 1846, chap, 62, | chao. 62. 
 
AUCTIONS. »" 
 
 3. Auctioneers are required to make out in writing a semi-annual 
 account, on tlie first Monday of July and January, in every year, in 
 whicli account must be stated — the sums for wHch any goods or 
 effects have been sold by him ; the days on which such sales were 
 made, and the amount of each day's sale, designating those made by 
 himself, or in his presence, and those made in his absence, by a part- 
 ner or clerk, and specifying the causes of such absence ; the amount 
 of all private sales made on commission, and the days on which they 
 were made ; the amount of duties chargeable according to law ; and 
 the amount of aJl goods struck off but not actually sold. Such 
 account must be verified by the oath of the auctioneer, before the 
 Mayor or Kecorder of a city, or the County Judge of the county, 
 and the account exhibited te such ofiicer, within twenty days after 
 the day on which it is dated. If any partner, or clerk, or other per- 
 son connected in business with such auctioneer, shall have made any 
 sales contained in said account, the person making such sale must 
 also take and subscribe an oath, to be endorsed on the account, that 
 he believes the same to be just and true in every particular; and 
 must also set his name, or initials, opposite each sale made by him.' 
 
 4. Every auctioneer, within ten days, after exhibiting his account, 
 must pay for the use of the State, the duties accruing on the sales 
 mentioned therein, as follows: on all wines and ardent spirits, 
 foreign or domestic, one dollar on every hundred dollars ; on all goods, 
 wares, merchandise and effects, imported from any place beyond the 
 Cape of Good Hope, fifty cents ; and on all other goods, wares, mer- 
 chandise and effects, which are the production of any foreign coun- 
 try, seventy-five cents. The duties are to be calculated on the sums 
 for which the goods are struck off, and are to be paid by the person 
 making the sale. Ships and vessels, utensils of husbandry, horses, 
 neat cattle, hogs and sheep, articles of the growth, produce, or manu- 
 facture of the United States, except distilled spirits, are exempt 
 from auction duties. Goods and chattels, otherwise Hable to such 
 duties, are exempt from the same, if they belong to the United States, 
 or this State ; if sold under any judgment or decree of any court of 
 law or equity, or under any seizure by a publi'c officer, on account 
 of any forfeiture or penalty; if they belong to the estate of a 
 deceased person, and are sold by an executor or administrator, or 
 other person duly authorized ; if they be the effects of a bankrupt 
 or insolvent, and be sold by his assignees; or if they be goods 
 damaged at sea, and are sold within twenty days after being landed, 
 for the benefit of the owners or insurers. But in order to entitle 
 damaged goods, or importations, to such exemption, a certificate of 
 the board of Port Wardens of the port of New York, stating that 
 the goods had been examined by one of the board at a proper 
 
 > 1 K. S. (33 ed.) 649, 650, 8§ 31-35 j Laws of 1835, chap. 62; Laws of lfl38, chap. 62) 
 Laws of 1846, chap. 62. 
 
88 
 
 NEW CLERK'S ASSISTANT. 
 
 time, and that they were damaged on the voyage, so as to be enti- 
 tled to exemption, and sold as damaged goods ; and also a state- 
 ment, on oath, of the President, or Secretary, of the Marine Insu- 
 rance Company in the city or county of New Ybrk, in which the 
 goods were insured, where insurance has been made, stating the 
 fact of the insurance and the amount insured, must be publicly 
 exhibited at the sale, by the auctioneer, on the demand of any Port 
 Warden, or any person interested in the said goods, or the sale 
 thereof.' 
 
 5. No auctioneer can demand, or receiye, a higher compensation 
 for his services, than a commbsion of two and a half per cent, on the 
 amount of any sales made by him, unless in pursuance of a previous 
 agreement in writing." 
 
 6. Where a false return of the amount of goods sold is made by 
 an auctioneer, he and his sureties are liable to be prosecuted by the 
 Comptroller, to recover the duties unlawftdly withheld.' 
 
 7. In the city of New York, public notice must be given of all 
 auction sales, in one or more public newspapers printed in such city ; 
 and if the auctioneer is connected with any other person or firm, his 
 name must precede, separately, the name of such person, or the title 
 of the firm.* 
 
 8. AU goods, wares, and merchandise, and every species of pro- 
 perty, except ships, vessels, real or leasehold estate, exposed for sale 
 at auction in the city of New York, and struck off by the auctioneer, 
 to the previous owner or owners, or to any person or persons bidding 
 in his or their behalf, or to any fictitious person or persons, or in any 
 other manner than as an actual sale and purchase, are subject, each 
 and every time they are so struck off, to duties, at the rate of five 
 dollars on every hundred dollars. Any person, offending against this 
 provision is liable to a fine, not exceedmg one hundred dollars, or to 
 imprisonment not exceeding one month, or to both fine and imprison- 
 ment. The semi-annual report of the auctioneer must contain a state- 
 ment of all merchandise bought in by, or on accoimt of, the owners, 
 the time of sale, and the amount thereof 
 
 1 1 R. S. (3d ed.) 644, 646, S§ 1, 3, 4, 5; 
 Laws of 1835, chap. 62 ; Laws of 1S43, chap. 
 86: Laws of 1846, chap. 62. 
 
 > IR. &(3ded.}64S, §27. 
 
 » Laws of 1849, chap. 399. 
 * IR. S. (3d ed.) 6&, § 25; Laws of leX 
 chap. 62. 
 ' Laws of 1847, chap. 2i& 
 
AUCTIONS. 89 
 
 FORMS. 
 
 § 145. Auctioneer's Bond. 
 
 Know all men by these presents: That, we, A. B., C. D., and E. 
 F., of, <fec., are held and firmly bound unto the people of the State 
 of New York, in the penal sum of ten thousand 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 , A. D. 18 . 
 
 The condition of this obligation is such, that if the above bounden 
 A B. shall well and faithfully perform the duties of an auctioneer, 
 in and for the city [or, county] of , and pay, or cause to be 
 
 paid, the daties that are, or shall be, imposed by law, and that shall 
 accrue on all sales made by him, or under his direction, as such 
 auctioneer; and shall render a true and accurate account semi- 
 annually, of all goods sold or struck o£f by him, then the above 
 obhgation shall be void ; else to remain in full force and virtue. 
 
 Signed and sealed, in the ) A. B. [l. s. 
 
 presence of >• C. D. [l. b. 
 
 G. H. ) E. F. [l. s.; 
 
 § 146. Certificate of Officer Taking and Approving the 
 Bond. 
 State of New York, )g. 
 County, j ■ 
 On this day of , 18 , personally appeared before me. A, 
 B., C. D., and E. F., known to me to be the persons described in, 
 and who executed the foregoing bond, and they acknowledged that 
 they executed the same : and I hereby certify that I approve of the 
 said bond, as sufficient for the purposes therein mentioned. 
 
 G. H., Mayor of the city of , 
 [or. County Judge of county.] 
 
 § 147. Certificate to Copy. 
 State of New York, ) ^g. 
 
 ty and County of New York, j 
 I do hereby certify, that the within [or, annexed] is a true copy 
 of a bond taken and approved by me, according to the statute, and 
 of the certificate endorsed thereupon at the time of such taking 
 and approval Dated the day of ,18 . 
 
 G. H., Mayor of said city and county. 
 
®0 • NEW CLERK'S ASSISTAMT. 
 
 § 148. Oath of Copartner, or Clerk. 
 I, S. T., do solemnly and sincerely swear, [or, affirm,] that I am 
 the copartner [or, clerk] of A. B., an auctioneer duly authorized to 
 act as such, in and for the city [or, county] of ; * and that 1 
 
 will folly and faithfully perform the duties incumbent on me by the 
 provisions of Titl« 1 of Chapter 17 of Part I. of the Eevised Sta- 
 tutes of the State of New York. 
 
 Taken and subscribed before me, ) S. T 
 
 this day of , 18 . f 
 
 G. H., Mayor, &c. 
 
 § 149. Oath of Auctioneer on Exhibiting his Account. 
 
 I, A. B., do solemnly and sincerely swear, [or, affirm,] that the 
 account now exhibited by me, and to which I have subscribed my 
 name, contains a just and true account of aU the goods, wares, mer- 
 chandise and effects, sold or struck oflF, or struck off and not actually 
 sold, or bought in by me, at public sale, or sold by me at private 
 sale on commission, whether subject to duty or' not, or sold, struck 
 off, or bought in, as aforesaid, by others in my name, or under my 
 direction, or for my benefit, within the time mentioned m the within 
 account; and of the days upon which the same were respectively 
 sold; and that I have attended, personally, such of the said pub- 
 lie sales as are not stated in the said account to have been made 
 without my attendance; and that the causes therein mentioned 
 of my absence from such sales as I did not attend, are truly 
 stated; that I hav^ examined the entries of all the sales men- 
 honed in said account, in the book kept by me for that purpose, 
 and fuUy believe this account to be in all respects correct; and 
 further, that I have, during the time therein mentioned, conformed, 
 in all things, to the true intent and meaning of the laws regulat- 
 ing sales by auctioneers, according to the best of my knowledge, 
 information and behef. A. B. 
 
 Taken, &c., [as in § 148.] 
 
 § 150. Oath of Copartner or Cleric, to he Endorsed on the 
 Account. 
 
 I, S. T., do solemnly and sincerely swear, &c., [as in § 148 <o 
 the *, and then add:'\ that I believe the account of sales witLiin 
 rendered by the said A. B., to be just and true in every particu- 
 lar ; that the sales therein mentioned, opposite to which my name 
 is set, [or, my initials are set,] are all the sales liable to auction 
 duties, public or private, made by me within the time mentioned in 
 said account; and that the account of such sales so therein stated, 
 is just and true ; that such sales were made by me in the absence 
 of said A. B., who was unable to attend, from the causes specified 
 
AUCTIONS. 91 
 
 ji Ms account; and that in all acts performed by me, m behalf 
 of such auctioneer, during the time aforesaid, I have endeavored to 
 conform to the true intent and meaning of the laws regnilating sales 
 by auctioneers. 
 
 Taken, &c., [as in | 148.] 
 
 § 151. Certificate of Board of Fort Wardens. 
 State of New York, ss : 
 
 We, the undersigned, composmg the Board of Port Wardens of 
 the Port of New York, do hereby certify, that the goods mentioned 
 and described in the annexed invoice, part of the cargo of the 
 brig Mary Ann, on her voyage from to , which terminated 
 
 on the day of ,18 , were duly examined by A. B., 
 
 one of the undersig-ned, at a suitable and proper time ; to wit : on 
 the day of , 18 ; and that the said goods were 
 
 damaged on the voyage aforesaid, so as to be entitled to exemption 
 from auction duties, and to be sold as damaged goods, according to 
 the provisions of the statute in such case made and provided. 
 
 Given under our hands, at the Port of New York, this day 
 
 of , 18 . A. B., ■ 
 
 0. D., y Port Wardens. 
 &c., &c., 
 
 § 152. Affidavit of President, or Secretary/, of Insurance 
 Company. 
 State of New York, ' ) g. 
 City and County of New York, J 
 
 G. B., being duly sworn, says : That he is the President [or. Sec- 
 retary] of the Insurance Company in said city and county ; and 
 that the goods mentioned arid described in the annexed invoice, and 
 referred to in the certificate of the Board of Port Wardens there- 
 unto attached, were insured in the said Company, by L. M., the 
 owner [or, consignee] thereof, for the sum of dollars ; and 
 
 further says not. 
 
 Sworn to, before me, this ) G. B. 
 
 day of , 18 . f 
 G. H., Commissioner of Deeds. 
 
CHAPTER Vn. 
 BANKS AND COEPOEATIONS. 
 
 PRACTICAL REMARKS. 
 
 1. The general laws of tliis State, in relation to turnpike and 
 moneyed corporations, — ^their powers, privileges, liabilities, etc. — ^may 
 be found, in detail, in Chapter 18 of Part I. of the Eevised Statutes, 
 ( Volume I., p. 710, et seq., dd ed.) 
 
 2. The duties and liabilities of banks, and the authority of du-ectors 
 to give discretionary powers to officers, in making loans and discounts, 
 are reviewed at length, in the case of The Bank Commissioners, vs. 
 ihe Buffalo Banhs, (6 Paige, 499.) . 
 
 3. Chapter 437 of the Laws of 1849, requires every company or 
 association, including every individual doing business alone, incorpo- 
 rated or organized, or doing business under any law of this state, to 
 pubhsh annually, on or before the first of September, for six succes- 
 sive weeks, in one public newspaper, printed in the county in which 
 the company or association may be located, a true and accurate 
 statement, verified by the oath of the cashier, treasurer, or presiding 
 officer, of all deposits, dividends, and interest, unclaimed for two 
 years then next preceding. 
 
 4. For other special provisions in relation to banking corporations, 
 see Laws of 1837, chap. 20; Id. chap. 235; Laws of 1839, chap. 
 355; Laws of 1840, chap. 18; Id., chap. 202; Laws of 1842, 
 chap. 247; Laws of 1843, chap. 218; Laws of 1845, chap. 1,14; 
 Laws of 1847, chap. 160; Id., chap. 419; Laws of 1848, chap. 344. 
 
 5. No special charter can be granted' for banking purposes ; but 
 corporations, or associations, may be formed for such purposes under 
 general laws. Wo law can be passed, sanctioning the suspension of 
 specie payments by any person, association, or corporation, issuing 
 bank notes of any description ; and in case of the insolvency of any 
 bank, or banking association, the billholders wiU be entitled to pre- 
 ference in payment over aU other creditors.' 
 
 I Amended ConBtitntion of New York, Art. viU., §§ 4, 5, 8. 
 
'BANKS AND CORPORATIONS. 
 
 93 
 
 6. After the first day of January 1860, the stjokholders in every 
 corporation, or association for banMng purposes, issuing bank notes, 
 or paper credits, to circulate as money, will be individually liable, to 
 the amount of their respective shares of stockj for all debts and liabi- 
 lities contracted subsequent to that day." 
 
 I. The General Banking Law is contained in chap. 260, Laws of 
 1838; amended in chap. 363, Laws of 1840; chap. 46, Laws of 
 1841; chap. 160, Laws of 184'?; Id., chap. 419; and chap. 840, 
 Laws of 1848. In the volume of Session Laws for 1841, at page 
 351, the original law may be found, as amended by subsequent 
 enactments, together with other statutes affecting associations formed 
 under it. Associations formed under this law are Kable to taxation." 
 
 8. The provisions of law applicable to religious incorporations, are 
 contained in volume III. of the Revised Statutes, (3d ed.,) p. 244, 
 et seq. The treasurer of every religious corporation singly, or the 
 trustees or persons entrusted with the care and management of the 
 temporalities of a church, congregation, or reUgious society, already 
 incorporated, in the cities of New York, Albany, or Schenectady, or 
 a majority of them, are required by the act of 1813, (section 10,) to 
 exhibit trienniaUy to one of the Justices of the Supreme Court, or a 
 Judge of the Court of Common Pleas, or County Judge of the county 
 in which the church, congregation, or society is situated, an account 
 and inventory of aU the corporate estate, and of the annual revenue 
 diising therefrom ; and if this duty be neglected for the space of six 
 years, and if the account and inventory are not then exhibited, and 
 the certificate of the oflScer, to whom the same is presented, endorsed 
 thereupon, that the real and personal estate of the corporation does 
 not, or has not, for the preceding six years, exceeded the sum which 
 it is entitled by law to receive, the trustees, or persons entrusted as 
 aforesaid, cease to be a body corporate. 
 
 9. County Courts have the power to permit the mortgage or sale 
 of the real property of a religious corporation, situated within the 
 county, on the apphcation of such corporation, and to authorize the 
 appropriation of the proceeds thereof.' 
 
 10. The general law providing for the incorporation of bridge 
 companies, may be found at chap. 259, Laws of 1848. 
 
 II. The act to authorize the formation of corporations for manu- 
 facturing, mining, mechanical or chemical purposes, is contained in 
 the Session Laws of 1 848, chap. 40. 
 
 12. Chap. 319, Laws of 1848, authorizes the incorporation of 
 benevolent, charitable, scientific and missionary societies. 
 
 13. Under the new Constitution of this State, no corporation ex- 
 
 1 Amended Constitution of New Yoric, Art. 
 Tiii., §7- 
 s Zi Wendell, 9 ; 23 Id., 103 ; 1 Hill, 616 ; 
 
 2 Id., 241 J 3 Id., 389 ; 4 Id., 442 i 7 Id , 504 ; 
 1 Demo, 9 ; 2 Id., 380. 
 
 ' Laws of 1849, (Code of Practice,) chap. 
 438, § 30, aub. 8. 
 
94 
 
 IfEW CLERK'S ASSISTANT. 
 
 cept for municipal purposes, can be created by special act, wbeie 
 the objects of lie corporation can be attained under a general law. 
 Hereafter corporations may sue or be sued, like natural persons.' 
 
 14. After the dissolution of a corporation, the stock cannot be 
 transferred so as to pass the titla' 
 
 15. Certificates of the incorporation of religious societies may be 
 proved, or acknowledged, before any officer authorized to take 
 acknowledgments, or proofs of conveyances of real estate.' 
 
 16. Whenever any church, congregation, or religious society, shall 
 omit to choose officers, the old officers may hold over until others 
 are chosen, provided an election, to supply such omission, be held 
 within one year after its occurrence.' 
 
 17. A "call" from a Presbyterian congregation, drawn in the 
 manner prescribed by the discipline of that church, and signed by 
 three elders and a trustee, does not bind them to pay the salary, but 
 is the act of the congregation.' 
 
 18. The seal of a corporation maybe affixed, or impressed, directl)' 
 on paper, vrithout the use of wax or a wafer." 
 
 19. It is not necessary that the proceedings of a corporation, at a 
 corporate meeting, should be authentica,ted by seaJ.' 
 
 POEMS. 
 
 § 153. Transfer of Stock in a Banh, Company, or Corporation. 
 
 Know all men by these presents : That I, A. B., of, <fec., for value 
 received, have bargained, sold, assigned and transferred, and by 
 these presents do bargain, seE, assign and transfer, unto C. D., of, 
 &c., twenty shares of capital stock, standing in my name, on the 
 books of the Bank: [or. Company, as the case may 
 
 Je.-] and I do hereby constitute and appoint the said C. D., my true 
 and lawful attorney, irrevocable, in my name or otherwise, but to 
 his own use and benefit, and at his own costs and charges, to take 
 all lawful ways and means for the recovery and enjoyment thereof 
 
 In witness whereof, I have hereunto set my hand and seal, the 
 day of , A. D., 18 
 Sealed and delivered ) A. B. [l. s.l 
 
 in the presence of j 
 G. H. 
 
 1 Amended Constitution of New York, 
 riii., §§ 1-3. 
 a a Denio, 674. 
 " Laws of 1844. clian. 158, §§ 1, 2. 
 
 « Laws of 1844, chap. 168, § 3. 
 t 6 Hill, 630. 
 
 8 Laws of 1848, chap. 197. 
 ' 1 Eai-boui-'s S. C. S3,ep., .584. 
 
BANKS AND COEPOEATIONS. 95 
 
 § 154. Power to Transfer. 
 
 Know all men by tliese presents : That I, A. B., of, (fee, qo here- 
 by constitute and appoint E. F., of,' (fee, my true and lawful attor- 
 ney, for me, and in my name and behalf, to sell, assign and trans- 
 fer to C. D., of, (fee, the whole, or any part of, one hundred shares 
 of capital stock, standing in my namp, on the books of the 
 Bank, [or, Company,] and for that purpose to make and execute all 
 necessary acts of assignment and transfer. 
 
 In witness, (fee, \as in § 153.] 
 
 § 155. Proxy. 
 
 Know all men by these presents : That I, A. B., of, (fee, do here 
 by constitute and appoint E. F., of, (fee, my attorney and agent, for 
 me, and in my name, place and stead, to vote as my proxy, at any 
 election of directors of the Bank, [or, Company,] accord- 
 
 ing to the number of votes I shoidd be entitled to vote, if then per- 
 sonally present. 
 
 In witness, (fee, [as in § 153.] 
 
 § 156. Affidavit of Stockholder, to be made before any Officer 
 authorized to administer Oaths, and attached to the Proxy. 
 
 I, A. B., do solemnly and sincerely swear, [or, affirm,] that the 
 shares on which my attorney and agent, in the above proxy, is au- 
 thorized to vote, do not belong, and are not hypothecated to, the 
 [name the corporation for which the election is to be held;'\ and that 
 they are not hypothecated, or pledged to, any other corporation, or 
 person, whatever; that such shares have not been transferred to me, 
 for the purpose of enabling me to vote thereon at the ensuing elec- 
 tion, and that I have not contracted to seU or transfer them, upon 
 any condition, agreement, or understanding, in relation to my man- 
 ner of voting at the said election. 
 
 Sworn to, this day of , ) A. B. 
 
 18 , before me, j 
 
 G. H. Commissioner of Deeds, (fee 
 
 § 157. Inspector's Oath. 
 I do solemnly swear [or, affirm] that I will execute the duties of 
 an Inspector of the election now to be held, with strict impartiality 
 and according to the best of my ability. 
 
 Taken and subscribed before me, ) L. M. 
 
 this day of ,18 , ) 
 
 G. H., Justice of the Peace. 
 
96 HEW CLERK'S ASSISTANT. 
 
 § 158. Oaih of Stockholder when Challenged, to be admin- 
 istered by an Inspector. 
 
 You do swear, [or, affirm,] that the stares on which you now oflFer 
 to vote, do not belong, and are not hypothecated to, the [name the 
 corporation for which the election is held;'] and that they are not 
 hypothecated, or pledged to, any other corporation, or person, what- 
 ever; that such shares have not been transferred to you, for the 
 purpose of enabEng you to vote thereon, at this election ; and that 
 you have not contracted to sell or transfer them, upon any condition, 
 agreement, or understanding, in relation to the manner of voting at 
 this election. 
 
 § 159. Oath of Proxy when Challenged, to be administered 
 as in ^ 158, 
 You do swear, [or, afiSrm,] that the facts stated in the affidavit 
 annexed to the proxy, upon which you now offer to vote, are true, 
 according to your belief; and that you have made no contract or 
 agreement, whatever, for the purchase or transfer of the shares, or 
 any portion of the shares, mentioned in such proxy. 
 
 § 160. Affidavit of President, or Cashier, to Statement of wiir 
 claimed Dividends or Deposits. 
 State of New York, ) . 
 County, ) 
 J. K S., of said county, being duly sworn, deposes and says, 
 that he is the cashier [or, president] of the Bank, and that 
 
 the above [or, annexed] statement of dividends [or, deposits] re- 
 maining unclaimed in the said bank for the space of two years 
 next preceding the first day of September instant, is in all respects 
 just and true, according to the best of the knowledge and belief 
 of this deponent J. N. S. 
 
 Sworn to, &o., [as in § 156.] 
 
 § 161. Power to Receive Dividend. 
 
 Know all men by these presents: That I, A. B., of, &c., do 
 authorize, constitute, and appoint^ E. R, of, (fee, my attorney, to 
 receive from the Bank, [or, company,] the dividend now due 
 
 on ail stock standing in my name on the books of the said bank, [or, 
 company,] and receipt for the same ; hereby ratifying and confirming 
 all that may lawfully be done in the premises, by virtue hereof. 
 
 Witness my hand and seal, this day of ,18 . 
 Signed, sealed, and delivered, "] 
 in presence of V 
 
 G, H. J A.B. rL.s.| 
 
BANKS AND CORPORATIONS. 97 
 
 § 162. Certificate of Association Formed vmder the General 
 ' Banking Law. 
 
 State of Ne w York, )g. 
 County, j 
 We, whose names are hereunto annexed, do hereby certify: That 
 ■we have associated together, for the purpose of estabfishing an office 
 of discount, deposit, and circulation ; that the name assumed to dis- 
 tinguish such association, and to be used in its dealings, is " The 
 ;" that the operations of discount and deposit, of such 
 association, are to be carried on at the village of , in the said 
 
 coimty; that the amoimt of the capital stock of the same is two 
 hundred thousand dollars, and is divided Lato two thousand shares ; 
 and that the following are the names and places of residence of the 
 shareholders, and the number of shares held by each of them, respec- 
 tively: A. B., of , one hundred shares, C. D., of , 
 one himdred shares ; E. R, of , one hundred shares ; &c. &c : 
 And we do further certify, that such association will commence its 
 operations on the first day of May next, and that it wiU terminate on 
 the first day of May, in the year 18 . 
 
 Witness our hands and seals, this day of 18 . 
 
 Signed and sealed in ) A. B [l. s. 
 
 the presence of j C. D. [l. s. 
 
 S. T. E. F. [l. e.; 
 
 &c., &c. 
 
 § 163. Proof of the Execution of the foregoing Certificate. 
 
 County ss: 
 On this day of , 18 , personally appeared before me 
 
 S. T., to me known, who being by me duly sworn, did depose and 
 say : That he resided in the town of , in said county ; that he 
 
 was acquainted with A B., C. D., E. F., &c., &c., and knew them to 
 be the persons who executed the above certificate ; that he was 
 present and saw them, and each of them, sign, seal, and execute the 
 same, and that they, each and every of them, acknowledged the 
 execution thereof to him: whereupon he became the subscribing 
 witness thereta 
 
 7 G. H., Justice of the Peaca 
 
98 
 
 NEW CLERK'S ASSISTAJNT 
 
 § 164. Certificate of the Formaiiov, of a Manufacturing Corporcb- 
 tion, to be Made, Signed, and Acknowledged, before any 
 Officer competent to take the Acknowledgment of Deeds} 
 State of New York, )-g. 
 County, j 
 We, whose iames are hereunto annexed, do hereby certify, that 
 we have associated together as a manufacturing corporation, to con- 
 tinue in existence till the day of , 18 , \not to exceed fifty 
 yearSfl for the purpose of carrying on, and conducting, the manufac- 
 ture of glass, [or, .cotton and hnen goods, Ac, &c. :] that the corpo- 
 rate name of the said company is " The ;" that the amount 
 of the capital stock thereof is one hundred thousand dollars, and is 
 divided into one thousand shares ; that the number of trustees of th§ 
 said company is nine ; and that the following are the names of the 
 trustees who will manage its concerns for the first year, to wit: A. 
 B., C. D., E. F., &c., &c. And we do further certify, that the manu- 
 facturing operations of the said company will be carried on at the 
 city \or, town] of , in the county of , aforesaid. Dated 
 this day of , 18 . 
 
 Signed and acknowledged before ] A. B. 
 
 me, by the said A. B., C. D., C. D. 
 
 E. F., &c., &c., each and every j- E. F. 
 
 of them, this day of , [ &c., <fec. 
 
 18 . '] 
 
 G-. H., Coimty Judge of county. 
 
 § 165. Certificate of Incorporation, of an Episcopal Church. 
 
 To all whom these presents may concern : We, whose names and 
 seals are affixed to this instrument, do hereby certify, that on the 
 day of , in the year 18 , the male persons of 
 
 fuU age worsUping in the school house of school district number , 
 m the town of , in the coimty of , and State of 
 
 New York, [or, in their house of public worship, in the town of 
 , in the county of , called St John's Church; or, 
 
 as the fact may 6e,] in which congregation divine worship is celebra- 
 ted, according to the rites of the Protestant Episcopal Church in the 
 State of New York, and which is not already incorporated, met at 
 their place of worship, aforesaid, for the purpose of incorporating 
 themselves as a religious society, under the acts of the Legislature of 
 the State of New York, and in pursuance of notice duly given to the 
 said congregation, in the time of morning service, on two Sundays 
 previous to such meeting, that the male persons of full age belonging 
 to said congregation, would meet at the time and place aforesaid, for 
 the purpose of incorporating themselves, and of electing two Church 
 
 > The original must be filed in tile Clerk's I be carried on, and a duplicate in the office oJ 
 office of the county in wiiich the bus^nes^ iff to 1 the Secretary of State. 
 
BANKS ANB CORPOEATlONa 99 
 
 Wardens and eight Vestrymen: And we further certify, that the 
 Reverend A. B., being Rector of said Church, presided at the said 
 meeting, [or, if there be no Hector, say: there being no Rector of the 
 said congregation, or church, the undersigned, L. M., was, by a ma- 
 jorify of the said persons so met, called to the chair, and presided at 
 flie said meeting :] And we further certify, that at the said meeting, 
 C. D. and E. F. were didy elected Church Wardens of the said con- 
 gregation and church, and 0. P., S. T., &c., \name eight persons^] 
 were duly elected Vestrymen ; that Tuesday in Easter 
 
 Week, [or, as the case may Se,] was, by the said meeting, fixed on 
 as the day on which the said offices of Church Wardens and Vestry- 
 men should annually thereafter cease, and their successors in office 
 be chosen ; and that the said meeting determined and declared that 
 the said church and congregation should be known in the law by the 
 name of " The Rector, Church Wardens, and Vestrymen of St John's 
 Church, in the town of , in the counfy of ." 
 
 In testimony whereof we, the said A. B., Rector, \or, L. M.,] who 
 presided at the said election of Wardens and Vestrymen, and R F. 
 and S. T., who were present and witnessed the proceedings aforesaid, 
 have hereunto subscribed our names, and affixed our seals, this 
 day of , in the year of our Lord one thousand 
 
 eight hundred and 
 
 Signed and sealed ) 
 in presence of j 
 G.H. 
 M. K 
 
 1 
 
 A.B., 
 
 Rector. 
 
 L. s.' 
 
 R. R 
 
 
 L. s. 
 
 S. T. 
 
 
 L. s. 
 
 § 166. Certificate of Incorporation of other Religious Societies. 
 State of New York, ) 
 Counfy, j 
 
 We, the undersigned, two of the elders, [or, two of the members,] 
 cf the church [or, congregation; or, refigious society] hereafter 
 mentioned, do hereby certify, that on the day of 
 
 instant, the male persons of full age, belonging to a church [or, con ■ 
 gregation ; or, reUgious society] in which divine worship is celebra- 
 ted, according to the rites of the church, and not already 
 incorporated, met at the place of public worship heretofore occupied 
 by the said church, \or, as aforesaid,'^ in the town of , in 
 said county, for the purpose of incorporating themselves, and did then 
 and there electa by pluralify of voices, A. B., C. D., and E. F., \not 
 less than three, nor more than ninei\ as trustees of the said church, 
 \or, as aforesaid/] and the said persons did then and there also de- 
 termine by the like pluralify of voices, that the said trustees and 
 
 1 The certificate must be acknowledged, or I worsliip is situated. For the forms, see chap 
 proved, before a i ustice of the Supreme CourU ter 1., and § 163, ante, 
 or Judge of the cai:uiy in which the place oi^ | 
 
100 NKW CLERK'S ASSISTANT. 
 
 their auccessors should forever hereafter be called and known by .he 
 name, or title, of " The Trustees of the ." 
 
 "Witness our hands and seals, this day of , 18 .' 
 
 Signed and sealed iu the,) L. M. [l. s.] 
 
 presence of V G. H. [l. s. j 
 
 8. T. ) 
 
 § 167. Triemdal Beport of a Beligiom Corporation. 
 To the Hon. J. W. E., one of the Judges of the Supreme Gouit of 
 the State of New York: 
 
 The undersigned, the Rector, Church Wardens, and Vestrymen 
 of St Mark's Church, \or, the Trustees of the First Baptist Society 
 of ,] a religious corporation, situate in the city of , 
 
 in the State of New York, respectfully report, that the following is a 
 faithful, true, and correct account and inventory of all the estate, 
 both real and personal, belonging to said church [or, congregation ; 
 or, society,] at the time of the exhibition of this report, to wit : 
 
 One church edifice, and lot' on which the same is situate, known 
 by the street numbers 67 and 69, on street, in said city of 
 
 , and valued at dopars. 
 
 One parsonage and lot, known as No. 50 street in said 
 
 city of , and valued at dollars. 
 
 [^Insert here all the parcels and items of the real and personal 
 estate^ 
 
 And the undersigned further report that the fgllowuig is a jusi 
 and correct account of the annual revenue arising from the real and 
 personal estate aforesaid, from the day of , 1847, 
 
 to the day of , 1860, to wit: \Insert here the reve- 
 
 nue for each year separately.'] 
 
 Dated at , the day of , 1850. 
 
 C. S. R, Rector. 
 
 y Tj'' [■ Church Wardens. 
 
 RJ.,' ) 
 
 S. T., [ Vestrymen. 
 &c. <fec. ) 
 State of New York, K^. 
 
 City and County of New York, j 
 
 C. S. R, R F., &c., &c., being duly sworn, depose and say, and 
 each for himself deposeth and saith, that he has read [or, heard 
 read] the foregoing report by him signed, and that the same is in 
 all respects faithful, just and true, to the best of his knowledge and 
 belief 
 
 Sworn [or, affirmed] to, this day ) C.S. R-., 
 
 of ,18, before me, j ifec. <fec. 
 
 J. W. E., Judge of the Supreme Court 
 
 ^ For titxa of a certificate of acknowledgment, see chapter 1., and.§ 163, ante 
 
BANKS AND CORPORATIONa 101 
 
 § 168. Application for permission, to Mortgage or Sell the Real 
 Estate of a Heligious Corporation. 
 To the County Court of County : 
 
 The undersigned, trustees of tlie Society of the town of 
 
 , in said counly, [or, as the style or name of the corporation 
 
 may he^ respectfully represent, that \here state concisely the reasons 
 
 for making the application, and the manrter in which the proceeds 
 
 are intended to he appropriated.^ 
 
 Wherefore, the undersigned request that an order may be made 
 and entered by this honorable court, authorizing them to mortgage 
 [or, sell] the property aforesaid, upon the terms and in the manner 
 aforesaid, and that the proceeds of such mortgage [or, sale] may be 
 appropriated as above specified. 
 
 Dated at , the day of , 1850. 
 
 p -pv'' / Trustees of the Society 
 
 j.» I of the town of 
 
 State of New York, ) ^g. 
 County, j 
 
 A. B., C. D., &c., &c., being duly sworn, depose and say, and each 
 for himself deposeth and saith, that he has read [or, heard read] the 
 foregoing application by him signed, and that the facts an,d circum- 
 stances therein stated and set forth are just and true, to the best of 
 his knowledge, information and belief 
 
 Sworn [or, affirmed] to, this day ) A. B. 
 
 of 1860, before me, j CD. 
 
 J. P. H., County Judge. &c &a 
 
 § 169. Order of the County Conwt. 
 State of New York, )g. 
 
 County, \ 
 At a County Court, held at , in and for said 
 
 county, on the day of ,18 : Present, S. P., 
 
 Esq., County Judge. 
 Application having been made by the trustees of the 
 Society of the town of , in said county, in due form of law, 
 
 for permission to mortgage [or, sell] all that [describe the property'\ 
 belonging to the said Society, and to apply the proceeds to the [as 
 in the application ;'\ on motion of Mr. A. B., of counsel for the appli- 
 cants, it is hereby ordered, that the said trustees of the Soci- 
 ety of the town of , be authorized to mortgage [or, seU] 
 the real estate aforesaid, and to appropriate the proceeds to the [as 
 ordered by the Cowt.] 
 
 L. M., County Clerk 
 
CHAPTER Vni. 
 
 BILLS OF EXCHMGE AND PROMSSOEI 
 NOTES. 
 
 PRACTICAL REMARKS. 
 
 1. A bill of exchange is a -written order, or request, made by one 
 person to another, for the payment of money. It should not be 
 drawn payable out of a particular fund, but must be for money abso- 
 lutely. Bank checks are bills of exchange; so also an endorsement, 
 payable to order, on a note or bond, is a bill of exchange.' 
 
 2. A written order, or request, addressed by one person to another, 
 for the payment of a specified sum, to a third person, absolutely, is a 
 biU of exchange, and the acceptance of it must be in writing." 
 
 3. Bills of exchange must be presented for acceptance, within a 
 reasonable time. If the drawee destroy a bill presented for accept- 
 ance, or refuse to return it -for twenty-four hours, he will be deemed 
 to have accepted it.' 
 
 4. Damages are allowed, and required to be paid, upon the usual 
 protest for non-payment, or non-acceptance, of bills of exchange, 
 drawn or negotiated in this State, at and after the following rates : 
 If the bill be drawn upon any person, or persons, in either of the 
 States of Maine, New Hampshire, Vermpnt, Massachusetts, Rhode 
 Island, Connecticut, New Jersey, Pennsylvania, Ohio, Delaware, 
 Maryland, or Virginia, or m the District of Columbia, three dollars 
 per hundred dollars, upon the principal sum of the bill; if upon any 
 person, or persons, in either of the States of North Carolina, South 
 Carolina, Georgia, Kentucky, or Tennessee, five doUars per hundred; 
 if upon any person, or persons, at any other place in the United 
 States, (Territories included,) or on, or adjacent to, this continent, 
 north of the equator, or in any British or other foreign possessions in 
 the West Indies, or elsewhere in the Western Atlantic ocean, ten 
 iollars per himdred; and if upon any person, or persons, in any port 
 or place in Europe, ten dollars per hundred. Such damages will be 
 in Heu of interest, charges of protest, and aU other charges incurred 
 
 ' 9 Johnson, 259s 6 Cowen, 484; 7 Id., 174; I s 2 R. S. (3d ed.) 63, § 11; 6 Cowen, 484; ■» 
 1 Wendell, 622. ' Id., 706. ' • • > . 
 
 a 7 Hill. 577, I 
 
BILLS AND NOTES. 
 
 103 
 
 previous to, and at the time of giving notice of non pajTnent or non- 
 acceptance ; but the holder will be entitled to interest on the aggregate 
 amount of the principal sum and damages, from the time of the protest 
 for non-acceptance or non-payment. There is no reference to the rate 
 of exchange, in ascertaining such damages, when the bill is payable in 
 the money of the United States ; otherwise, if payable in the money of 
 account, or currency, of any foreign country.' 
 
 5. A negotiable bill of exchange, or promissory note, must be for 
 a fixed sum payable in money ; and the time fixed for the payment 
 must be such as will certainly come, though it may depend on a 
 contingency.' 
 
 6. No precise form of words is necessary to constitute a valid pro- 
 missory note. A promise to account for a certain sum, or an 
 aclcnowledgment of indebtedness for value received, is sufficient. 
 Any thing valuable is a good consideration for the promise, or ack- 
 nowledgment.' 
 
 7. A note commencing, " I promise to pay, &c.," and signed by 
 two parties, is joint and several ; so also, where one signs a note as 
 surety for another. 
 
 8. A promissory note given by an In&ut, even for necessaries, is 
 void.* 
 
 9. A guaranty of the collection of a promissory note, without 
 expressing any consideration, is void; otherwise, with a guaranty of 
 payment, if there be in fact a new and distinct considerauon, though 
 not expressed-' 
 
 10. A general guaranty of payment, upon a note payable to 
 bearer, as, " I guaranty the payment of the within note," is, in law, 
 a general endorsement of the note, and any subsequent holder may 
 recover of the guarantor, on proof of demand and notice.' 
 
 H. A party may become an endorser of a bill, or note, by any 
 mark, whether his initials, or other figiu-e or sign, if it be substituted 
 for his name, and he intend to be bound by it.' 
 
 12. The endorsement of a bill, or note, in blank, is a mere agree- 
 ment to pay, on the usual conditions of demand and notice." 
 
 13. If a note be made payable to the order of several persons, 
 not copartners, it mu.st be endorsed by each person. If an endorser 
 wishes to free himself from all liability, the words, " without recourse," 
 should be written before his name. 
 
 14. Where cross notes are given, each holder is a purchaser for 
 value, and has the same rights as the payee of an ordinary note." 
 
 15. Bills, or promissory notes, negotiable or otherwise, payable at 
 a certain day; as, so long after date, after demand, or on any other 
 
 1 2 B. S. (3d ed.) 54, 55, §5 18-23. 
 
 2 3 Demo, 428. 
 
 s 5 Jolinson, 237: 2 Cowen 536; 10 Wendell, 
 075; 1 Hill, 266; 7 Id., 253; 3 Barbour's S. 
 C. Ilep.j 374. 
 
 « 10 Johnson, 141; Id., 349. 
 
 6 IS Wendell, 343; 24 Id., 35; 26 Id., 425; 3 
 
 Bavbour'a S. C. Hep., 51; 5 Dmio, 
 Comstock 225; Id., 533: 14,553. 
 
 8 4 Hill, 420; 6 Id., 639. 
 
 1 6 Hill, 443; 1 Denio, 471. 
 
 a? Hill, 416:1 Denio, 608. 
 
 » 2 Denio. t)21: 3 M., 187. 
 
104 NEW CLERK'S ASSISTANT. 
 
 particular day mentioned in the note, are not payable until the third 
 day after the day expressed for the payment These three days are 
 called "days of grace," and no action can be brought on a note until 
 after they- have expired' 
 
 16. New Year's day, the fourth day of July, Christmas day, and 
 Thanksgiving day, are to be treated and considered as Sunday, in 
 New York, for all purposes whatsoever, as regards the presenting 
 for payment or acceptance, and the protesting and giving notice of 
 .dishonor, of bills of exchange, bank checks, and promissory notes, 
 made or drawn after the 7th day of April, 1849." 
 
 17. Bills, or notes, payable on demand, given due, or on the face 
 of which there is no time of payment expressed, are immediately 
 due, without grace.' 
 
 1 8. A note payable in specific articles, " when called for," or without 
 mentioning any time for ike payment, is payable on demand, at the 
 place where the articles are sold, or manufactured, by the maker ; 
 but demand must be made within reasonable hours.* 
 
 19. In order to hold an endorser liable, a demand of payment on 
 bills, or notes, must be made on the third day of grace. If the third 
 day falls on Sunday, or on any great hohday, demand must be made 
 on Saturday, or the day preceding the holiday. The demand must 
 be made at the place of business of the maker, or acceptor, within 
 business hours, or at the place of payment, where it is specified- If 
 the party has absconded, no demand is necessary ; and where he has 
 no place of business, it may be made at his dwelling-house. It is 
 competent for any person, who has arrived at years of discretion, 
 though not a Notary, to make the demand, if authorized by the 
 holder. An endorsed note, payable on demand, must be presented 
 within a reasonable tune. In Massachusetts, sixty days has been 
 held reasonable.* 
 
 20. Where a note, not payable at any particular place, is made 
 and endorsed in New York, and both the maker and endorser reside 
 in a foreign country, it must be duly presented to the maker, if the 
 place of his residence be known, and notice given to the endorser, 
 m order to charge the latter.' 
 
 21. A person becoming surety on a. note, must be treated and 
 • charged as an endorser.' 
 
 22. An endorser may waive demand and notice before matiuity 
 of the bill or note endorsed, without any consideration for such 
 waiver.' 
 
 23. The dating of a promissory note at a particular place does not 
 make that the place of payment, and authorize a demand to be made 
 there to charge the endorser ; though it is presumptive evidence that 
 the place mentioned is the residence of the maker.' 
 
 I 8 Cowen, 203. I ' t Barbour's S. G. Rep., 158 ; 1 Conistock, 
 
 « Laws of 1849, chap. 261. 321. 
 
 • 8 Johnson, 189 , Id, 374 ; 3 Denlo, 12. '7 Hill, 416. 
 
 « 2 Deniii 145 '1 Comstock, 186. 
 
 »4HilUl29. 1 »3Dorau, 145. 
 
Bins AM) NOTES. 105 
 
 24. Where a note is assigned after maturity, the assignee takes it 
 subject to all equities and set-oflfs, between the assignor a»d tbe 
 maker.' 
 
 25. One who makes or endorses an accommodation note is a suret; 
 for the party accommodated, and the latter is liable to refund the 
 costs of a suit for collection brought against such maker or endorser." 
 
 26. In all cases where notice of non-acceptance, or non-payment, 
 of a bill or note, or other negotiable instrument, may be given by 
 mail, it will be suflScient if such notice be directed to the city, or 
 town, where the person sought to be charged resided, at the time of 
 making, drawing, or endorsing the same, unless at the time of such 
 makmg, drawing, or endorsmg, he shall specify thereon the post 
 oflBce to which he may require the notice to be addressed.^ 
 
 27. A notice of protest should be sent to the post office at which 
 the person to whom it is directed is accustomed to get his letters, 
 where his address is not endorsed on the bill or note." 
 
 28. No precise form of words is necessary to constitute a sufficient 
 notice of protest The identity of the note, and the fact of the 
 demand and non-payment, must be brought home to the part^ 
 sought to be charged, and the notice may be either oral or written." 
 
 29. The certificate of the Notary need not state, by whom the 
 service of notice, and deposit in tbe post office, was made." 
 
 30. A sealed note is a specialty, and is not barred by the statute 
 of limitations. 
 
 FORMS. 
 
 § llO. Bill of Uxckange.^ 
 $2000. . BurFALO, May 1, 1845. 
 
 Thirty days after sight, pay to the order of Messrs. B. M. & Ca 
 two thousand dollars, and charge the same to accoimt of 
 
 AB. 
 To Messrs. T. E. & Co., New York. 
 
 1 n Wendell, 404. 
 
 > 3 Barboirr'a S. C. Sep., 634. 
 
 > 2 R. S. (3d ed.) 65, f 24 J Laws, of 1835, 
 eliap. 141. 
 
 * 4 Baibonr's S. C Rep., 324. 
 s Comstock, 413. 
 
 •7Hin,4i4. 
 
 T The usual form of accepting, ia to write 
 the word " Accepted," with the name of tha 
 acceptor, across the face, or on! tiie baclc of 
 the biU or draft. 
 
106 HEW CLERK'S ASSISTANT. 
 
 § 171. A Set of Bills. 
 
 No. 139. — Ex. £250 stg. New York, May 1, 1845. 
 
 Thirty days after sight of this, my first of exchange, (second and 
 third unpaid,) pay to Messrs. G. W. & Co., or order, two hundred 
 and fifty pounds sterling, value received, and charge the same to 
 account of A. B. 
 
 To Messrs. T. W. & Co., London. 
 
 No. 139. — Ex £250 stg. New York, May 1, 1845. 
 
 Thirty days after sight of this, my second of exchange, (first and 
 third unpaid,) pay to Messrs. G. W. & Co., or order, two hundred 
 and fifty pounds sterling, value received, and cTiarge the same to 
 account of A. B. 
 
 To Messrs. T. W. & Co., London. 
 
 No. 139. — Ex. £250 stg. New York, May 1, 1845. 
 
 Thirty days after sight of this, my third of exchange, {&rst and 
 second unpaid,) pay to Messrs. G. W. & Co., or order, two hundred 
 and fifty pounds sterling, value received, and charge the same to 
 account of A- B. 
 
 To Messrs. T. W. & Co., London. 
 
 § 172. Promissory/ Note, Negoiiable} 
 $100. Thirty days after date, I promise to pay C. D., or bearer, 
 [or, order,] one hundred dollars, for value received. 
 
 Albany, May 1, 1847. 
 
 A B. 
 
 § 173. The Same, Joint and Several. 
 
 $200. Ninety days from date, for value received, we, or either 
 of us, promise to pay C. D., or bean^r, [or, order,] two hundred 
 dollars. A. B. 
 
 Albany, May 1, 1847. E. F. 
 
 § 174. Note, not Negotiablf, 
 
 $50. Three months after date, I promise to pay C. D. fifty dol- 
 lars, for value received. 
 
 A. B. 
 Albany, May 1, 1847. 
 
 1 Where a note is to be on interest, the words, | interest, where none is mentioned, is, that 
 ' with interest," may he added to this and the notes on time draw interest alter due, and 
 'allowing forms. The rule of law in regard to | notes on demand, after the demand be made 
 
BILLS AND NOTES. 107 
 
 § ] 'J5. Note, Payahle on Bemand. 
 $50. On demaad, I promise to pay 0. D., or bearer, for, order,] 
 fifty dollars, for value received. 
 
 A.R 
 
 Albany, May 1, 1847. 
 
 § 176. Note, Payable at Bank. 
 
 $500. Sixty days after date, for value received, I promise to pay 
 C. D., or order, five hundred doUars, at the Mechanics' and Farm- 
 ers' Bank. 
 
 Albany, May 1, 1847. A. B. 
 
 § 177. Note, Payahle ly Instalments. 
 
 $500. For value received, I promise to pay C. D., or bearer, [or, 
 order,] five hundred doUars, in the following manner: one hundi-ed 
 dollars in three months, one hundred dollars in six months, one hun- 
 dred dollars in one year, and two hundred dollars in two years from 
 date, with interest on the several sums, as they become due, [or, 
 with annual interest] A. B. 
 
 Albany, May 1, 1847. 
 
 § 178. Note, Payahle in Specific Articles. 
 $50. One year after dat«, for value received, I promise to pay 
 C. D., or bearer, [or, order,] fifty dollars, in second qualify pine lum- 
 ber, at the current price. 
 
 A.B. 
 Albany, May 1, 1847. 
 
 § 179. Memqrandwn Note for Money Zent. 
 $100. Borrowed of C. D., one hundred dollars, payable on de- 
 mand. 
 
 A.B. 
 Albany, May 1, 1847. 
 
 § 180. Note, with Surety. 
 $100. One year from date, I promise to pay E. F., or bearet 
 [or, order,] one hundred dollars, for value received. 
 
 A.B. 
 
 C. p., Surety, 
 Albany, May 1, 1847 
 
108 HEW CLERK'S ASSISTANT. 
 
 § 181. Due Bill, Payable in Goods. 
 Due C. D., or bearer, ten dollars in goods, for value received, 
 payable on demand. 
 
 A.B. 
 Albany, May 1, 1847 
 
 § 182. Order for Goods. 
 Mr. A. B.: Please pay E. F., or bearer, ten dollars in merchan- 
 dise, and charge the same to the account of 
 
 CD. 
 Albany, May 1, 1847. 
 
 § 183. The Same, in another Form. 
 Mr. A. B. : Please deliver to E. F., such goods as he may -wanl; 
 amount not to exceed twenty dollars, and charge the same to the 
 accoimt of 
 
 D. 
 Albany, May 1, 1847. 
 
 § 184. Order for Money. 
 Mr. A. B. : Please pay E. F., or bearer, fifty dollars, and charge 
 the same to the account of 
 
 Albany, May 1, 1847. C. D 
 
 § 185. Guaranty of Payment, to he Endorsed on Note. 
 Pay to the bearer, and, \the foregoing words are necessary, only 
 when the note is payable to order i\ for value received, I guaranty tht» 
 payment of the vrithin note. 
 
 May 1, 1845. 
 
 § 186. Guaranty of Collection. 
 For value received, I guaranty the collection of the ■within note. 
 
 CD. 
 May 1, 1845. 
 
 § 187. Protest of Bill for Non-Acceptance. 
 United States of America, ) 
 
 State of New York, \^^\ 
 
 On the day of ^ 18 > at the request of A. B., [in- 
 
 sert the name of the holder, or endorser, or endorsee,'\ I, J. N. S., 
 a, Notary PubUc, duly admitted and sworn, dwelling in the city of 
 
BILLS AND NOTES. lOy 
 
 Auburn, in the State aforesaid, did present the original bill of ex- 
 shange, hereunto annexed, to E. ¥., the drawee therein named, for 
 acceptance, who refused to accept the same : Whereupon I, the said 
 Notary, at the request aforesaid, did protest, and by these presents 
 do publicly and solemnly protest, as well against the drawee, [add, 
 and endorsers, if necessary,'] of the said bill, as against all others 
 whom it doth or may concern, for exchange, re-exchange, and all 
 costs, damages, and interest, already incurred, and to be hereafter 
 incurred, for want of acceptance of the same. [ Vart/ as in the fol- 
 lowing form, if necessary, j 
 
 Thus done and protested, in the city of Auburn aforesaid. 
 In testimonium veritatis, 
 
 [l. s.] J. N. S., Notary Public. 
 
 § 188. Protest of Bill, or Note, for Non-Payment. 
 United States of America, ) 
 
 State of New York, P^ = 
 
 On the day of , 18 , at the request of A. B., [in- 
 
 sert the name of the holder, endorser, endorsee, or cashier,] I, J. 
 N. S., a Notary Public, duly admitted and sworn, dwelling in the 
 of , in the State aforesaid, did present the original 
 
 bill of exchange, [or, note,] hereunto annexed, to E. F., the acceptor 
 [or, maker] of the said bill, [or, note,] and demanded payment, who 
 refused to pay the same: [or, did present the original note [or, 
 check,] hereunto annexed, at the Bank, where the same is made 
 payable, [or, at the place of business of E. F., the acceptor [or, ma- 
 ker] of the said biU, [or, note,] he being absent therefrom, [or, at the 
 dwelling-house of E. F., &c., his place of business being closed, and 
 he being absent from his said dwelling-house,] and demanded pay- 
 ment of the same, which was refused:] [or, did make diligent inquiry 
 for the said E. F., and his place of business, or dwelling-house, in 
 the said ' of , where the said bill [or, note] was made payable, 
 [or, purported to be drawn,] but was imable to find the said E. F., 
 or his place of business, or dwelling-house, in said , in order to 
 
 demand payment of the said bill [or, note :] Whereupon I, the said 
 Notary Public, at the request aforesaid, did protest, and by these 
 presents do solemnly and publicly protest, as well against the drawer 
 and endorsers of the said biH, [or, note; or, check,] as against aU 
 others whom it doth or may concern, for exchange, re-exchange, and 
 aU costs, damages, and interest, already incurred, and to be hereafter 
 incurred, for want of payment of the same. 
 
 Thus done and protested in the of aforesaid. 
 
 In 'testimonium veritatis, 
 
 II. s.] J N. S., Notary Publia, 
 
110 NEW CLEEK'S ASSISTANT. 
 
 §189. ITotke of Protest for Norir Acceptance. 
 Mr A. B. : Sir — ^You will take notice, that your bill for $2,0(W, 
 at thirty days from sight, dated May 1, 1847, drawn on C. D., has 
 this day been protested for non-acceptance. Dated Aubtim, May 
 5, 1847. 
 
 Yours, &c. J. N. S., Notary Publio, 
 
 § 190. IFotice of Protest for Ifon-Payment. 
 Mr A. B. : Sir — ^Tou wiU take notice, that your biU for $2,000, at 
 thirty days from sight, dated May 1, 1847, drawn on and accepted 
 by C. D., has this day been protested for non-payment: [or, that 
 the bill of 'A. B.for $2,000, at thirty days from sight, dated May 1, 
 1847, endorsed by you, \or, by A. B., E. F., &c., &c.,] and drawn 
 on and accepted by C. D., has, &c., as above; or, that the note of 
 A. B. for 81,000, dated May 1, 1847, payable at the Bank, 
 
 sixty days after date, and endorsed by E. F. and G. H., has, (fee, as 
 aiow.] Dated , July 3, 1847. 
 
 Yours, &c., J. K S., Notary Public. 
 
 § 191. Certificate of Service of Notice. 
 United States of America, ) 
 
 State of New York, p^' 
 I, C. H. M., a Notary Publio, duly admitted and sworn, dwelling 
 in the of , do hereby certify, that on the day of 
 
 ,18 , notice of the protest of the before mentioned biU, [or, 
 note ; or, check,] was served upon C. D., the drawer of the said bill, 
 [or, G. H., S. T., and L. M, the several endorsers of the said note,] 
 personally, [or, by letters, respectively addressed to them at their 
 reputed places of residence, and the post offices nearest thereto, ans" 
 deposited in the post office in the of , aforesaid.] 
 
 In testimonium veritatis, 
 [l. a] C. H. M., Notary Public. 
 
 § 192. OensralForm of a Ifotarial Certificate. 
 TJnited States of America, ) 
 
 State of New York, p^ = 
 By this public instrument be it known, to all whom the same dotl 
 or may in any wise concern: That I, A. B., a Public Notary in ano 
 for the State of New York, by letters patent, under the great seal of 
 
BILia AND KOTES. Ill 
 
 «aid State, duly commissioned and sworn, dwelling in the citj of 
 New York, do hereby certify, that [state the subject matter of the 
 )xriiflcate.] 
 
 In testimony whereof, I have subscribed my name, and 
 [i. s.] caused my notarial seal of office to be hereunto affixed 
 the day of ,A.D., 18 . 
 
 A. B., Notaiy Fublia 
 
CHAPTER IX, 
 BILLS OF SALE AND CHATTEL MORTGAGES 
 
 PRACTICAL REMAKES. 
 
 1. A bill of sale is a written contract, or agreement, transfening 
 and assigning the ownership of personal property, or any interesi in 
 the same. If fraudulent, as against third persons, it is void. 
 
 2. Every sale made by a vendor, of goocb and chattels in his pos- 
 session, or under his control, and every assignment of goods and 
 chattels, by way of mortgage or security, or upon any condition 
 whatever, unless the same be accompanied by an immediate deli- 
 very, and be followed by an actual and continued change of possess- 
 ion, of the tilings sold, mortgaged, or assigned, is presumed to be 
 fraudulent and void, as against the creditors of the vendor, or the 
 creditors of the person making such assignment, or subsequent pur- 
 chasers in good faith; and will be conclusive evidence of fraud, 
 unless it shall be made to appear, on the part of the person claim- 
 ing under slich sale or assignment, that the same was made in good 
 faith, and without any intent to defraud such creditors or purchasers. 
 The term " creditors," as herein used, is to be construed so as to 
 include aU the creditors of the vendor, or assignor, at any time 
 whUet such goods and chattels remain in his possession, or imder his 
 control.' 
 
 3. Continued possession in the vendor, or assignor, is not conclu- 
 sive evidence of fraud, where the use of the goods and chattels sold, 
 or assigned, or mortgaged, is necessary to such vendor, or assignor, 
 in order to enable liim to provide for himself or family, or obtain the 
 means for the payment and satisfaction of his debts. The question 
 of good faith in the transaction, arising from continued possession, is 
 
 12R.S. C3rlea.)195, 195, 55 5, 6 ; 8 Wen- 1 Id., 118, 607; 23 Id.. 653; 31 Id., 117; 25 Id., 
 dell, 375 ; 12 Id., 297; 15 Id., 212, 628 ; 16 Id., 396, 615; 26 Id., 611 ; 1 Hill, 347, 438, 467 ; 4 
 B20; 17 Id., 54, 492 ; 19 Id., 183, 514, 521 ; 20 Id., 271 ; 6 Id., 433, 438. 
 
BILLS OF SALE AND CHATTEL MORTGAGES 
 
 113 
 
 one for a jury to determine ; and they have the right, in their discre- 
 tion, to excuse possession in the vendor, or mortgagor.' 
 
 4. Proof of a valuable consideration, or a true debt, is essential to 
 show good faith ; and if such proof be not made, the sase will not 
 be given to the jury." 
 
 5. Every mortgage, or conveyance intended to operate as a mort- 
 gage, of goods and chattels, which shall not be accompanied by an 
 immediate deUvery and continued change of possession of the tMngs 
 mortgaged, is absolutely void as against the creditors of the mort- 
 gagor, and as against subsequent purchasers and mortgagees in good 
 faith, unless the mortgage, or a true copy thereof, be filed in the 
 town or city where the mortgagor therein, if a resident of this Staite, 
 resides at the time of the execution thereof; and if not a resident, 
 then in the city or town where the property so mortgaged may be, 
 at the time of such execution. In the city of New York, such 
 mstruments are to be filed in the office of the Register ; in the other 
 cities and county towns of this State, Ln the office of the County 
 Clerk; and in all other towns, in the office of the Town Clerk 
 thereof The actual and continued change of possession above men- 
 tioned, must be literal, and not a mere legal, or fictitious change, in 
 order to comply with the statute.' 
 
 6. Clerks of towns and counties, in whose offices chattel mort- 
 gages are required to be filed by law, must enter the names of 
 the mortgagors and mortgagees in every such instrument, in books 
 to be provided by them for the purpose, at the expense of their 
 respective towns or counties, under the head of mortgagors and 
 mortgagees, in each of such books respectively. It is also the 
 duty of the said clerks to number every mortgage or copy so filed, 
 by endorsing the number on the back thereof and to enter such 
 number in a separate column in the books in which such mortgages 
 are entered, opposite to the name of every party thereto, also the 
 date,- the amount secured thereby, when due, and the date of the 
 filing.* 
 
 1. Every mortgage, filed according to the foregomg requisitions, 
 ceases to be valid, as against the creditors of the person making the 
 same, or subsequent purchasers or mortgagees in good faith, after 
 the expiration of one year from the filing thereof; unless, within 
 thirty days next preceding the expiration of the said term of one 
 year, a true copy of such mortgage, together with a- statement 
 exhibiting the interest of the mortgagee in the property thereby 
 claimed by him, by virtue thereof, be again filed in the office of the 
 Clerk, or Register, aforesaid, of the town or city where the mortga- 
 gor then resides. A copy of such instrument, or any statement 
 therein made, certified by the Clerk, or Register, as aforesaid, is only 
 
 1 23 Weuiell, 653 ; 26 Id., 611 ; 1 Hill, 438, 
 473 ; 4 III., 271 : 1 Comstock, 496. 
 3 1 Hill, 438; 41(1., 271. 
 « 2 R. S. (3d ed.) 196, §§ 9, 10 j 17 Wendell, 
 
 492: 19 Id., B14, 624: 23 Id., 663 ; 2 HiU 
 628 : 4 Id., 271 i 1 Denio, 580 j 10 Paige, 127 
 « Laws of 1849, chap. 69. 
 
114 
 
 NEW CLEEK'S ASSISTANT. 
 
 evidence of the time of receiTing and filing the same, as specified in 
 the indorsement of sucih Clerk, or Register. ' 
 
 8. The words "re-filed and renewed," with the date and signature 
 of the Clerk, endorsed on a chattel mortgage, are not sufficient to 
 continue it as against the claims of creditors. The interest claimed 
 by the mortgagee must be distinctly stated." 
 
 9. In Massachusetts, a chattel mortgage must be recorded by the 
 Clerk of the town where the mortgagor resides, and also by the 
 Clerk of the town where he transacts his business. The right of 
 the mortgagor, or his assigns, to the property, is- not forfeited, until 
 sixty days after the mortgagee, or his assigns, gives written notice 
 to the person holding the property, of the intention to foreclose, and 
 files a copy of the notice in the Clerk's office where the mortgage is 
 recorded. In Maine, a chattel mortgage must be recorded by the 
 Clerk of the town where the mortgagor resides, and the mortgaged 
 property must be delirered.to the mortgagee, and retained in his 
 
 10. After default in the payment of a chattel mortgage, the mort- 
 gagee's title to the property mortgaged becomes absolute at law, and 
 he is entitled to the immediate possession ; and he does not waive 
 such right of possession, by filing a copy of the mortgage, with a 
 statement exhibituig the interest claimed by him by virtue thereof, 
 subsequent to such default. Where a chattel mortgage contains a 
 provision that, in case of default, the mortgagee may sell the pro- 
 perty at public or private sale, and out of the proceeds satisfy the 
 debi and return the surplus, the title of the mortgagee becomes com- 
 plete, on default, without any sale bemg made. For the protection of 
 the mortgagor, therefore, a clause of this character, if inserted at all, 
 should be imperative on the mortgagee.* 
 
 11. Until forfeiture hy non-performance of the conditions of a 
 chattel mortgage, the interest of the mortgagor in the property mort- 
 gaged may be levied on, and sold, under an execution.* 
 
 12. A chattel mortgage, cannot, perhaps, be given on growing 
 trees, fruit, or grass, while parcels of the real estate, or on produce 
 not actually in existence ; yet growing grass may be transferred in 
 this manner, provided it actually belongs to the mortgager, — as in 
 the case of a tenant occupying a farm.* 
 
 1 2 R. S., (3d ed.) 196, S§ 11, 12 ; 20 Wen- 
 dell, 18. 
 
 2 1 Denio, 163. 
 
 3 23 Wendell, 667; 1 HiU, 473; 2 Denio, 
 
 1-70. 
 
 « I Barbour's S. C. Rep., 642. 
 " Denio, 650; 1 Baiboui's S. O. RAD., 
 542' 1 Comstock, sa 
 
BUia OF SALE AND CHATTEL MORTGAGES 
 
 115 
 
 FORMS. 
 
 § 193. Common Bill of Sale. 
 Know all men by these presents : That I, A. B., of the town of 
 
 , in the county of , and State of New Y6rk, of the first 
 
 part, for and m consideration of the sum of dollars, lawftd 
 
 money of the United States, to me paid by C. D., of, &c., of the 
 second part, the receipt whereof is hereby acknowledged, have bar- 
 gained and sold, and by these presents do grant and convey, unto the 
 said party of the second part, his executors, administrators and 
 assigns, the one equal, undivided half, of six- acres of wheat, now 
 growing on the farm of E. R, in the town of , aforesaid, one 
 
 chestnut horse, and twenty sheep belonging to me, and now in my 
 possession, at the place last aforesaid :' to have and to hold the same 
 unto the said party of the second part, liis executors, administi-ators 
 and assigns, forever. And I do, for myself my heirs, executors and 
 administrators, covenant and agree, to and with the said party of the 
 second part, his executors, adroinistrators and assigns, to warrant and 
 defend the sale of the said property, goods and chattels, hereby made, 
 unto the said party of the second part, his executors, administrators 
 and assigns, against all and every person and persons whomsoever.* 
 In witness whereof, I have hereunto set my hand and seal, this 
 
 day of , one thousand eight hundred and 
 
 Signed, sealed and delivered^ ) A. B. [l. s.] 
 
 in presence of j 
 
 G. H 
 
 § 194. Bill of Sale in consideration of Maintenance. 
 This indenture, made on the day of, &c., between A. B., of 
 
 &c., of the first part, and C. B., of the same place, of the second 
 part, witnesseth : That the party of the first part, in consideration of 
 the covenants hereinafter contained, to be performed by the party of 
 the second part, and of the sum of one dollar, to him in hand paid, 
 by the said party of the second part, the receipt whereof is hereby 
 acknowledged, has bargained and sold, and by these presents does 
 prant and convey, (fee, [as in the preceding form to the *, changing 
 the several pronotms to the third person, and substituting; And the 
 said party of the first part does, /or And I do, and then aM:'\ 
 
 1 If the property conveyed consists of a 
 great number of articles, it ia as well to refer 
 lo them, in the bill of sale, as " all the goods, 
 wares and merchandise, chattels and effects, 
 -nentioned and described in the schedule 
 ^ie^eto annexed, ' marked schedule A ;' " — 
 and they hould then be particularly enu- 
 merated in the schedule. The delivery is es- 
 
 sential, where it can be made, in order to 
 make a bill of sale velid ; and the subscrib- 
 ing witress should be able to testify positive- 
 ly, as well in relation to that, as to the con- 
 sideration of the sale. A bill of sale of a 
 ship at sea, or in a foreign port, is good with 
 out delivery ; but the purchaser must takf 
 possession as soon as practicable- 
 
116 NEW CLERK'S ASSISTANT 
 
 And in 'consideration of the premises, the party of the second part 
 doth hereby covenant and agree, to and with the party of the first 
 part, his executors, and administrators, that he will support, and main- 
 tain, and comfortably and sufficiently clothe, the party of the first 
 part, and in all respects care and provide for him, for and during the 
 rest, residue and remainder, of his natural life ; and that he, the said 
 party of the second part, will pay unto the said party of the first 
 part, the sum of dollars, on the first day of January, in each 
 
 and every year during the said time: provided, however, that the 
 said party of the second part shall be forever released and discharged 
 from the covenants above contained, on his part to be performed, if 
 the said party of the first part shall refuse to reside in the county 
 of , aforesaid, except such refusal be occasioned by inability to 
 
 obtain comfortable and sufficient board, lodging and maintenance, in 
 the said county. 
 
 In witness whereof, the said parties have hereunto set their hands 
 and seals, the day and year first above written. 
 
 Signed, seaJed and delivered, ) A. B. [l. s.] 
 
 in presence of f C. D. [l. s.1 
 
 G.H. 
 
 § 195. Bill of Sale of Registered or Unrolled Vessel. 
 
 Know all men by these presents : That I, A. B., of, &c., owner of 
 the brig, or vessel, called the "Isabella," of the burden of 
 tons, or thereabouts, now lying at the port of , for and in con- 
 
 sideration of the sum of dollars, lawful money of the United 
 
 States, to me paid, by 0. D., of the place aforesaid, the receipt 
 wherof I hereby acknowledge, have bargained and sold, and by these 
 presents do bargain and sell, unto the said C. D., liis executors, 
 administrators and assigns, all the hull or body of said brig, or ves- 
 sel, together with the masts, bowsprit, sails, boats, anchors, cables, 
 spars, and all other necessaries thereunto appertaining and belonging ; 
 the certificate of the registry of which said brig, or vessel, is as fol- 
 lows, to wit: \copy certificate of registry/] To have and to hold the said 
 brig or vessel, and appurtenances thereunto belonging, unto the said 
 C. D., his executors administrators and assigns, to his and their pro- 
 per use, benefit and behoof, forever. And I do, for myself, my heirs, 
 executors and administrators, covenant and agree, to and with the 
 said C. D., his executors, administrators and assigns, to warrant and 
 defend the said brig, or vessel, and aU the before mentioned appur- 
 tenances, against all and eveiy person and persons whomsoever. 
 
 In witness, &c., [cis in § 193.] 
 
 § 196. Bill of Sale and Chattel Mortgage. 
 Know all men by these presents : That I, A. B., of, &c., in con- 
 sideration of one dollar to me paid, by C. D., of. &c., the receipt 
 
BILLS OF SALE AND CHATTEL MORTGAGES ' IIT 
 
 whereof I hereby acknowledge, have, and by these presents do 
 grant, bargain, sell, assign, transfer and set over, unto-the said C. D. 
 and his assigns, forever, the following goods, chattels and property, 
 to wit: [specify the articles, or refer to them in the schedule annexed, 
 as directed in the note to § 193:] Whereas I, the said A. B., am 
 justly indebted to the said C. D., in the sum of one hundred and 
 ten dollars, on account, for money had and received, and goods sold 
 and delivered, [or, on a promissory note, dated, &c., and due 
 months from date,] to be paid to the said C. D., or his assigns, on 
 the day of ,18 , with the legal interest thereon 
 
 from the day of the date hereof : 
 
 Now the condition of the above bill of sale is such, that if the said 
 A. B. shall well and truly pay to the said C. D., or to his agent, 
 attorney, or assignee, the above mentioned demand, [or, demands,] 
 at the time, and in the manner and form above expressed, and shall 
 keep and perform the covenants and agreements above contained, on 
 his part to be kept and performed, according to the true intent and 
 meaning thereof, then the above bill of sale shall be void : Otherwise, 
 on the neglect and failure of the said A. B. to pay the said demand, 
 [or, demands,] or to keep and perform the said covenants and agree- 
 ments as above expressed, then, and in that case, the said C. D. and 
 his assig-ns, are hereby authorized and empowered to sell the above 
 described goods, chattels and property, [or, the goods, &c., described 
 in the schedule hereunto annexed, as aforesaid,] or any part thereof, 
 at pubho or private sale, at his or their option, and to retain from the 
 proceeds of such sale, in his* or their hands, sufficient to pay and 
 satisfy the whole amount of the above mentioned demand, [or, de- 
 mands,] with the legal interest thereon which shall be due at the 
 time of such sale, and all costs, charges and expenses, 'ncurred by 
 the said C. D., or his assigns, in consequence of the neglect and fail- 
 ure of the said A. B., as aforesaid; rendering the overplus, if any, to 
 the said A. B., or to his heirs, executors, administrators, or assigns, 
 on demand. [The said C. D. and his assigns, are hereby authorized, 
 for further security, to take the said goods, chattels, and property, 
 into his or their possession, at any time he or they may think proper.] 
 
 In witness, &c., [as in § 193.] 
 
 § 197. Common Chattel Mortgage. 
 This indenture, made the day of, &c., between A. B., of, 
 
 ifec, of the first part, and C. D., of, <fec., of the second part, wit- 
 nesseth : That the said party of the first part, in consideration of the 
 sum of dollars, to him duly paid, hath sold, and by these pre- 
 
 sents doth grant and convey, to the said party of the second part, 
 and his assig-ns, the following described goods, chattels and property, 
 [describe them particularly, or refer to them in the schedvk, as dir- 
 ected in the note to § 193,] now in my possession, at the of 
 
118 NEW CtERK'S ASSISTANT. 
 
 , aforesaid; together witli the appurtenances, and all the 
 estate, title and interesi; of the said party of the first part therein.* 
 This grant is intended as a security for the payment of one hundred 
 and ten dollars, with interest, on or before the expiration of one 
 year from the date hereof; and the additional sum of one hundred 
 and forty dollars, with iaterest, on the day of ,18 ; which 
 payments, if duly made, will render this conveyance void. [The 
 sentence near the close 0/ § 196 included *w [] may be added, if ne- 
 cessary. 
 
 In witness whereof the said party of the first part hath hereunto 
 set his hand and seal, the day and year first above written. 
 Signed, sealed and delivered, ) A. B. [i« s.] 
 
 in presence of j 
 
 G. H. 
 
 § 198. Chattel Mortgage to Secure a JVute. 
 
 This indenture, made, Ac, [a« m § 197 to the *, and then add:J 
 Provided, nevertheless, that if the said party of the first part shall 
 weU and truly pay unto the said party of the second part, or his 
 assigns, at maturity, the fuU amount, principal and interest, of a cer- 
 tain promissory note, executed by the said party of the first part, foi 
 the sum of dollars, bearing date the day of ,18 
 
 payable three months after date, and now held by the said party of 
 the second part, then this conveyance shall be void; otherwise to 
 remain in fuU force and effect. [Add clause in regard to default, 
 and possession, if necessary^ . 
 
 In witness, Ac, [as in § 197.] 
 
 § 199 Chattel Mortgage to Secure Endorser. 
 
 This indenture, made, &c., [as in § 197 to the *, and then add:'] 
 Provided, nevertheless, that if the said party of the first part shall 
 well and truly pay, at maturity, the fuU amount, principal and inte- 
 rest, of a certain promissory note, executed by him, and endorsed by 
 the party of the second part, for the sum of. dollars, bearing 
 
 even date herewith, payable one year from date, and now held by 
 E. F., of, &c., then this conveyance shall be void; otherwise to re- 
 main in iFuU force and effect 
 
 In witness, &c., [as in § 197.] 
 
 § 200. Chattel Mortgage acquiring Sale to be Made. 
 This indenture, made, &c.,[as m § 197 to the words, " In witness 
 whereof, &c.," and then add:'] But if default shall be made in the 
 payment of the principal or interest above mentioned, or any part 
 thereof, then the said party of the second part, and his assigns, are 
 hereby required to sell the goods, chattels and property, above granted, 
 
BILLS OF SALE AND CHATTEL MOET&AGES 119 
 
 at public auction, gfter giving notice thereof in the manner provided 
 by law for constable's sales, and out of the proceeds to satisfy the 
 amount then due to the party of the second part, or his assigns, with 
 the costs and expenses incurred by reason of such default, and return 
 the surplus", if any there be, to the said party of the first part, or his 
 personal representatives. 
 
 In witness, &c., [as in § 197.] 
 
 § 201. Conditional Clatise as to Possession. 
 Provided, nevertheless, [or, And provided also,] that, until default 
 by the party of the first part, in the performance of the conditions 
 aforesaid, it shall and may be lawful for him to keep possession of 
 the property above mentioned and described, and to use and enjoy 
 the sama ; but if the said party of the first part shall attempt to sell 
 the same, or any part thereof, or to remove the same out of the 
 county of , without notice to the said party of the second 
 
 part, or his assigns, and without his, or their, assent to such sale or 
 removal, to be expressed in writing, then it shall be lawful for the 
 said party of the second part, or Ms assigns, to take immediate pos- 
 session of the whole of said property, to his, or their, own use. 
 
 § 202. Chattel Mortgage to Secure a Debt. 
 
 Whereas 1, A. B., of the town of , in the county of , 
 
 and State of , am justly indebted unto C. D., of, &c., in the 
 
 sum of dollars, on account, to be paid on or before the 
 
 day of next, with interest from this date : Now, therefore, in 
 
 consideration of such indebtedness, and in order to secure the pay- 
 ment of the same, as aforesaid, I do hereby sell, assign, transfer and 
 set over, unto the said C. D., the property mentioned and described 
 in the schedule hereinunder vrritten ; Provided, however, that if the 
 said debt and interest be paid, as above specified, this sale and trans- 
 fer shall be void; and this grant is also subject to the following 
 conditions : 
 
 The property hereby sold and transferred is to remain in my pos- 
 session untU. default be made in the payment of the debt and interest 
 aforesaid, or some part thereof, unless I shall seU, or attempt to sell, 
 assign, or dispose of, the said property, or any part thereof, or suffer 
 the same unreasonably to depreciate in value ; in which case the said 
 C. D. may take the said property, or any part thereof, into his own 
 possession. 
 
 Upon taking said property, or any part thereof, into his possession, 
 either in case of default, or as above provided, the said C. D. shall 
 sell the same at public or private sale ; and after satisfying the afore- 
 said debt and the interest thereon, and aU necessary and reasonable 
 
120 ifEW CLERK'S ASSISTAUT. 
 
 costs, charges and expenses, incurred hj him, out of the proceeds 
 of such sale, he shall return the surplus to me Or Iny representatives. 
 Witness my hand and seal, this day of ,18 
 
 A, B. [l. s.] 
 
 SCHEDULE ABOTE REFERRED TO. 
 
 [Insert the articles, and let the mortgagor sign his name at the 
 foot of the list^ 
 
 § 203. Statement to he Filed with the Copy, within thirty days next 
 preceding the expiration of the year. 
 County,) 
 Town of , r^- 
 
 I, C. D., the mortgagee) [or, E. R, the assignee of C. D., the 
 mortgagee,] named in the ■within [or, annexed] instrument, do hereby 
 certify, that the sum of ninety-seven doEars and ten cents is claimed 
 by me to be due thereupon, at the date hereof ; which sum consti- 
 tutes the amount of my interest in the property therein mentioned 
 and described. Dated the day of ,18 
 
 In presence of ) , C. D., Mortgagee, 
 
 F. E. J [or, E. F., Assignee.] 
 
 § 204. Notice of Sale on Chattel Mortgaged 
 
 MORleAGE SALE. 
 
 By virtue of a chattel mortgage executed by A. B. to C. D., dated 
 the day of ,18 , and filed in the office of the Regis- 
 
 ter of the city of , [or, the County Clerk of the county of 
 
 ; or, the Town Clerk of the town of ,] on the 
 
 day of , in the year aforesaid, and upon which default has been 
 
 made, I shall sell the property therein mentioned and described, viz : 
 [mention the articles,^ at public auction, at the house of , in 
 
 the city [or, town] of , aforesaid, on the day of 
 
 instant, [or, next,] at ten o'clock in the forenoon of that day. Dated 
 at , the day of , 18 . 
 
 C. D., Mortgagee, 
 
 [or, E. F., Assignee.] 
 
 1 Where no time is epecified in the mortgage, fire or six days' notice 0/ the sale will be 
 rifflcient. 
 
CHAPTER X. 
 BONDS. 
 
 PEACTICAL REMARKS. 
 
 1. A bond is the acknowledgment of a debt, duty, or obligation; 
 and it is immaterial what mode of expression is used, provided the 
 language be sufficient to estabUsh an acknowledgment of a debt 
 AJl persons legally capable of making a contract, may bind them- 
 selves in a bond. 
 
 2. Every bond, in itself, imports a consideration ; and a failure of 
 the consideration is not a good defence to an action brought on the 
 bond.' 
 
 3. Fraud, or an illegal consideration, will invalidate a bond. 
 
 4. Wax, or some other tenacious substance, is necessary to con- 
 stitute a seal in this State, except it be the seal of a coiut, public 
 officer, or corporation." 
 
 5. Payment may be pleaded in an action on a bond for the pay- 
 ment of money, though not made strictly according to the condition; 
 and if the amount due thereon be paid after the commencement of 
 suit, and before judgment, the action vriU be discontinued.' 
 
 6. The sum equitably due, by virtue of the condition of a bond, 
 may be set oflf in any action where a set-oflf is allowed.* 
 
 7. An action may be brought in a Justice's court on a bond, the 
 penalty of which exceeds one himdred dollars, provided the amount 
 required by the condition does not exceed the sum of one hundred 
 dollars.' 
 
 8. A bond required by law to be given, will be deemed sufficient, 
 if it conform substantially to the form thereof prescribed by the sta- 
 tute, and do not vary in any matter, to the prejudice of the rights 
 of the party to whom, or for whose benefit, such bond shall be given.* 
 
 4 2 R, S. (3d ed.) 4B0, § 39, sub. 1 ; IB 
 Vi^endell, SI. 
 
 6 Laws of 1840, chap. 317. 
 
 « 2 R. S., f3d edo Ml, § 34 i 7 Paige 50 • 
 26 Wendell. 602. 
 
 1 2 Johnson, 
 
 177; 
 
 13 Id., 
 
 430; 
 
 1 Denio, 
 
 226. 
 
 
 
 
 
 
 3 2 Hill, 
 
 227 
 
 ; 3 Id 
 
 ,493; 
 
 Laws 
 
 of 1848, 
 
 chap. 1S7. 
 !2R. S. 
 dell, 107. 
 
 
 
 
 
 
 (3d ed.) 449, §§ 30, 31 ; 
 
 19 Wen- 
 
 
 F 
 
 
 
 
V 
 
 122 ifEW CLERK'S ASSISTANT. 
 
 9. The amount of the judgment rendered on a bond conditioned 
 for the payment of money, is the penal sum, which is usually double 
 Ihe amount of the condition, in order to cover interest and costs. 
 
 10. A bond conditioned for the performance of a specific act, is 
 broken on the failure to do it ; but where the obligee is indemnified 
 against damage or molestation, they must first be sustained, before 
 a recovery can be had.' 
 
 11. A joint and several bond and warrant of attorney, signed by 
 three persons, will not authorize a separate judgment against one, 
 but only a joint judg-ment against all." 
 
 12. An action on a sealed instrument must be brought within 
 twenty years after a right of action accrues.' 
 
 IS. A bottomry bond is an obligation founded on the joint secu- 
 rity of a ship and its owners, and given for money borrowed, which 
 is to be repaid on the successful ternunation of a voyage. At home, 
 the bond is executed by the owners, or the master, as their agent. 
 In a foreign country, the master has full authority to bind the own- 
 ers, and pledge the ship and cargo, by a bottomry bond, in cases of 
 necessity. Any amount of interest may be exacted, so long as the 
 sea risk continues, irrespective of the usury laws ; but when that 
 terminates, the obligation will only draw legal interest Respotiden- 
 tia is a contract similar to bottomry, except that the loan is made 
 upon the chance of the safe arrival of the cargo. Like bottomry, it 
 is used in cases of emergency. 
 
 14. An alteration of a bond, or other sealed instrument, in a ma- 
 terial part, without the consent of the obligor, by any party claiming 
 to recover under it, renders it void; otherwise, if the alteration be 
 made by a stranger, provided the true contents can be made to 
 appear by testimony, though the burden of proof wUl then be 
 thrown on the party claiming under the instrument* 
 
 FORMS. 
 
 § 205. Oommorh Bond, with Condition. 
 Know all men by these presents : That I, A. B., of the town of 
 , in the county of , and State of New York, 
 
 am held and firmly bound unto C. D., of, &c., in the sum of one 
 
 1 1 Comstock, 650. I s Laws of 1849, (Code of Practice.) chap 
 
 »6HiU,497. 438, §90. 
 
 I • 2 Barbour's Ch. Rep., 119 
 
BONDS. 123 
 
 thousand dollars, lawful money of the United States, to be jiaid to 
 the said C. D., his executors, administrators, or assigns ; for which 
 payment, well and truly to be made, I bind myself, my heirs, execu- 
 tors, and administrators, firmly by these presents. 
 
 Sealed with my seal. Dated the day of , one 
 
 thousand eight hundred and 
 
 The condition of the above obligation is such, that if the above 
 bounden A. B., his heirs, executors, or administrators, shall well and 
 truly pay, or cause to be paid, unto the above named 0. D., his exe- 
 cutors, administrators, or assigns,* the just and fuU sum of five hun- 
 dred dollars, in five equal annual payments, from the date hereof, 
 with annual interest, then the above obligation to be void; otherwise 
 to remain in full force and virtue. 
 
 Sealed and delivered, ) A. B. [l. s.] 
 
 in presence of f 
 G. H. 
 
 § 206. Bond of Two Obligors. 
 
 Know all men by these presents : That we, A. B. and E. F., o^ 
 (fee, are held stnd firmly bound, unto C. D., of, &c., in the sum of 
 one thousand dollars lawful money of the United States, to be 
 paid to the said C. D., his executors, administrators, or assigns ; for 
 which payment, well and truly to be made, we bind ourselves, our 
 and each of our heirs, executors and administrators, jointly and seve- 
 rally, firmly by these presents. 
 
 Sealed with our seals. Dated this day of , one 
 
 thousand eight hundred and .* 
 
 The condition of the above obligation is such, that if the above 
 Doimden A, B. and E. R, or either of them, their or either of their 
 heirs, executors, or administrators, shall well and truly pay, or caiise 
 to be paid, unto the above named C. D., &c., [as in § 205 to the 
 end.^ 
 
 Sealed and delivered, ) A. B. [l. s.l 
 
 in presence of ) E. F. [l. s.j 
 
 G. H. 
 
 § 207. Bond — Several Payments. 
 
 Know all men by these presents: &o., [as m § 205 to the *, and 
 then add:'] the just and fuH sum of five hundred dollars ; in manner 
 following, that is to say: the sum of one hundred dollars on the 
 tenth day of next ; the sum of two hundred dollars on the 
 
 day of ,18 ; and the remaining sum of 
 
 two hundred dollars in one year from the said last mentioned date, 
 together with the legal mterest on the whole sum remaining unpaid, 
 
124 KEW CLERK'S ASSISTAIO'. 
 
 at the time of each payment; then the above obligation to be void; 
 else to remain in full force and virtue. 
 Sealed, &o., [as in § 205.] 
 
 § 208. Bond, with Interest Condition. 
 
 Know all men by these presents : &c., [as in § 205 to the *, and 
 then add:'] the just and full sum of five hundred dollars, on the 
 day of , in the year of our Lord, 18 , and the 
 
 legal interest thereon, to be computed from the day of the date 
 hereof, and to be paid semi-annually, on the second day of January, 
 and the first day of July, in each and every year; then the above 
 obligation to be void ; else to remain in full force and virtue. And 
 it is hereby expressly agreed, that should any default be made in 
 the payment of said 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 sixty days, 
 then, and from thenceforth, that is to say, after the lapse of the said 
 sixty days, the aforesaid principal sum of five hundred dollars, with 
 all arrearages of interest thereon, shall, at the option of the said C. 
 D., his executors, administrators, or assigns, become and be due and 
 payable, immediately thereafter, although the period above hmited 
 for the payment thereof may not then have expired; any thing herein 
 before contained to the contrary thereof, in any wise notwithstanding. 
 
 Sealed, &c., \_as in § 205.] 
 
 § 209. Bond to a Corporation. 
 
 Know all men by these presents : That I, A. B., of, &c., am held 
 and firmly bound, unto the Insurance Company, in the sum 
 
 of one thousand dollars, lawful money of the United States, to be 
 paid to the said Insurance Company or assigns ; for which 
 
 payment, well and truly to be made, I bind myself, my heirs, exe- 
 cutors and administrators, firmly by these presents. 
 
 Sealed with my seal. Dated the day of , one 
 
 thousand eight hundred and .* 
 
 The condition of the above obligation is such, that if the above 
 bounden A. B., his heirs, executors, or administrators, shall well and 
 truly pay or cause to be paid, imto the above named Insu- 
 
 rance Company, or assigns, the just and full sum of, &c., [as iii 
 8 205 to the end.] 
 
 § 210. Bond to Executors. 
 Know all men by these presents : That I, A. B., of, &c., am held 
 and firmly bound, imto E. F. and L. M., of, &c., executors of the last 
 
BONDS. 125 
 
 (fill and testament of S. T., deceased, late of, &c., in tlie sum of one 
 thousand dollars, lawful money of the Unite'd States, to be paid to 
 the said E. F. and L. M., executors as aforesaid, the survivors, or 
 survivor, or his or their 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 Dated the day of , one 
 
 thousand eight hundred and 
 
 The condition of the above obligation is such, that if the above 
 bounden A. B., his heirs, executors, or administrators, shall well and 
 truly pay, or cause to be paid, unto the above named E. F. and L. 
 M., executors as aforesaid, the survivors, or survivor, or his or their 
 assigns, the just and full sum of, &c., [as in § 205 to the end.'\ 
 
 § 211. Legatee's Bond. 
 
 Know all men by these presents : That we, A. B. and 0. P., of, 
 (fee, are held and firmly boimd unto E. F. and L. M., of, &c., execu- 
 tors of the last wiU and testament of S. T. deceased, late of the 
 town of , in the sum of one thousand doUars, lawful money 
 
 of the United States, to be paid to the said E. F. and L. M., execu- 
 tors, as aforesaid, the survivors, or survivor, or his or their assigns; 
 for which payment, well and truly to be made, we bind ourselves, 
 otir.and each of our heirs, executors and administrators, jointly and 
 severally, firmly by these presents. 
 
 Sealed with our seals. Dated the day of , one 
 
 thousand eight himdred and .* 
 
 Whereas, in and by the last wiU and testament of the said S. T., 
 deceased, a legacy of one hundred dollars is bequeathed to the said 
 
 A. B., which has been paid to him by the said E. F. and L. M., exe- 
 cutors as aforesaid: 
 
 Now the condition of this obligation is such, that if any debts 
 against the deceased, above named, shall duly appear, and which 
 there shall be no other assets to pay, and if there shall be no other 
 assets to pay other legacies, or not sufficient, that then the said A. 
 
 B. shall refund the legacy so paid, or such rateable proportion 
 thereof, with the other legatees of' the deceased, as may be neces- 
 sary for the payment of such debts, and the proportional parts of 
 other legacies, if there' be any, and the costs and charges incurred 
 by reason of the payment of the said. A. B. ; and that if the probate 
 of the win of the said deceased be revoked, or the will declared 
 void, then the said A. B. shall refund the whole of the legacy, with 
 mterest, to the said E. F. and L. M., their executors, administrators, 
 or assigns. 
 
 Sealed, &c., [as in § 205.] A. B. [l. s ] 
 
 C. D. [l. a 1 
 
126 KEW CLERK'S ASSISTANT, 
 
 § 212. Bond of Legatee, or Representative, before Suit. 
 
 Know all men by these presents: &c., [aw m § 211 to the *, and 
 then add:'] Whereas the said A. B. is about to commence a suit in 
 the Supreme Court of the State of New York, against the said E. 
 F. and L. M., as such executors, as aforesaid, for the purpose of 
 recovering the amount of a certain legacy bequeathed to him, in and 
 by the last will and testament of the said S. T., deceased: [or, for 
 the purpose of recovering the distributive share of the property of 
 the said S. T., deceased, due to him, the said A. B., as one of the 
 sons and heirs of the said S. T., deceased :] 
 
 Now the condition of this obligation is such, that if any debts 
 owing by the said deceased shall hereafter be recovered, or duly 
 made to appear, for the payment of which there shall be no assets 
 other than, the said legacy, [or, distributive share,] that then the 
 said A. B. shall refund the amount that may be recovered in any 
 action by him against the said executors, or such rateable part 
 thereof, with the other legatees [or, representatives] of the deceased, 
 as may be necessary for the payment of the said debts, and the 
 costs and charges incurred by a recovery against the said executors, 
 in any suit therefor : [If the bond is given by a legatee, the following 
 clause must be added:] And also, if no sufficient assets shall remain, 
 after the payment of said legacy, to pay any other legacy which 
 may be due, that then the said A. B. shall refund such rateable 
 part or proportion thereof, with the other legatees, or representatives, 
 of the deceased, as may be necessary for the payment of such other 
 legacy. 
 
 Sealed, &c., [as m § 205.] 
 
 § 213. Indemnity Bond to Sheriff. 
 Know all men by these presents: That we, A. B., C. D., and 
 H. R, are held and firmly bound unto 0. D., Sheriff of the county 
 of, , (fee; [as m § 206 to the *, and then add:] Whereas 
 
 the above bounden A. B. did obtain a judgment in the Supreme 
 Court of the State of New York, on the day of , 
 
 18 , against E. ¥., for dollars and cents, 
 
 damages and costs, whereupon execution has been issued, directed, 
 and dehvered to the said C. D., Sheriff, as aforesaid, commanding 
 him, that of the goods and chattels of the said E. F., he should cause 
 to be made the damages and costs aforesaid. And whereas certain 
 goods and chattels that appear to belong to the said E. F, are 
 claimed by L. M., of, (fee. : Now, therefore, the condition of this obli- 
 gation is such, that if the above bounden A. B. shuU well an(i truly 
 keep and bear harmless, and indemnify the said C. D., Sheriff as 
 aforesaid, and all and every person and persons aiding and assisting 
 him in the premises, of and from all harm, let, trouble, damages, 
 costs, suits, actions, judgments, and executions, that shall, or may, 
 at any time aiise, come, or be brought, against him, tb,m, or any 
 
BONDS. 127 
 
 of them, as well for the levying and making sale, imder 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 E. R, as for entering 
 any shop, store, building, or other premises, for the taking of any 
 such goods and chattels, then this obhgation to be void; else to 
 remain in fuU force and virtue. 
 [Sealed, (fee, as m § 205.] 
 
 § 214. Bond, with Warrant of Attorney to Confess Jvdgmervt. 
 
 Know all men, &c. : [as in ^ 205 to the *, and then addi] the 
 just and fuU sum of five>hundred dollars, on demand, then the above 
 obligation to be void ; else to remain in fuU force and virtue. 
 
 Sealed, &c., \as in § 205.] A. B. [l. s.] 
 
 Whereas I, A. B., of, &c., am held and firmly bound unto 0. D., 
 of, (fee, by a certain bond or obhgation, of this date, in the penal 
 sum of one thousand dollars, conditioned for the payment of five 
 hundred dollars, on demand: Now, therefore, I do authorize and 
 empower any attorney, in any court of record in the State of New 
 York, to appear for me at the suit of the said obUgee, or his repre- 
 sentatives, in an action of debt, and confess judgment against me 
 upon the said bond or obligation, or for so much money borrowed, 
 of any term, or vacation of term, antecedent or subsequent to this 
 date ; and to release to the said obligee all errors that may intervene 
 in obtaining said judgment, or in issuing execution on the same. 
 Signed and sealed this day of , A. D. 18 . 
 
 In presence of ) A. B. [l. s.] 
 
 G. H. [ 
 
 § 215. Bond to Execute a Conveyance. 
 
 Know ah men, &c., [^as in § 205, to the condition, and then addi\ 
 The condition of the above obhgation is such, that if the above 
 bounden A. B., on or before the day of next, or, in case of 
 his death before that time, if the heirs of the said A. B., within three 
 months after his decease, (if such heirs shaJl then be of fuU age, or, 
 if within age, then within three months after such heirs shall be of 
 f uU age,) shall and do, upon the reasonable request, and at the cost 
 and charge of the said C. D., his heirs or assigns, make, execute, and 
 deliver, or cause so to be, a good and sufiicient warranty deed, in fee 
 simple, free from aU incumbrance, and with the usual covenants, of 
 the following described premises, to wit: all, &c. ; [describe pre- 
 mises .•] then the above obhgation to be void ; else to remain in full 
 force and virtue.' 
 
 Sealed, &c., [as in § 205.] 
 
 1 The above form may be readily varied, if I may be added to warrani and defend the obli- 
 ihe condition should be to procure an heir at gee, in the quiet enjoyment of the premises, 
 law to convey, when of age j and a clause 1 until such conveyance be executed. 
 
i28 
 
 NEW CLERK'S ASSISTANT. 
 
 § 216. Bond to discharge Bond and Mortgage. 
 
 Kjiow all men (fee. : [as in § 205 to the condition, and then add:'\ 
 Whereas the said C. D. and E. his -wife, have this day conveyed to 
 the said A. B., by warranty deed, duly executed, and bearing even 
 date herewith, the following described premises, to wit: all, &c., 
 [describe premises conveyed;'\ subject, however, to the covenants 
 and conditions contained in a certain indenture of mortgage, bearing 
 date the day of > 18 , executed by the said C. D., 
 
 and E., his wife, to S. V. K, of the city and county of Albany, for 
 the purpose, of securing the payment of the sum of doUars, in 
 
 five years from the day of the date thereof, with semi-annual interest, 
 as covenanted to be paid by the conditions of a bond, of like date 
 therewith, executed by the said C. D. to the said S. V. R, which 
 said mortgage is a lien upon the premises aforesaid, and was recorded 
 in the office of the clerk of the county of , on the day 
 
 of , 18 , at pages 217 and 218 of book 0. of mortgages, at 
 
 10 o'clock A. M., and upon which there is now remaining due and 
 unpaid, the said principal sum of dollars, with interest from 
 
 the day of , last past : Now, therefore, the condition of 
 
 the above obligation is such, that if the said A. B., his heirs, execu- 
 tors, or administrators, shall well and truly pay, or cause to be paid, 
 unto the said S. V. R, or his assigns, all such sum and simis of 
 money as are, or may hereafter become due, on the said bond and 
 mortgage, executed by the said C. D., and the said C. D., and E., 
 his wife, as aforesaid, and forever satisfy and discharge the same, 
 saving the said C. D., his heirs, executors, and administrators, harm- 
 less, of and from all and all manner of costs, charges, and expenses, 
 in the premises, then the above obhgation to be void ; else to remain 
 in full force and virtue. 
 
 Sealed, &c., [as in § 205.] / 
 
 § 217. Bi0kd of an Officer of a Bank, or Company. 
 Know all men, <fec. : \as in § 209 to the *, substituting the name 
 of the bank for that of the company, if necessary, and then add:'\ 
 Whereas the above bounden A. B. has been chosen and appointed 
 cashier, \or, teller; or, treasurer, as the case may ie,] of the 
 Company; [or, bank;] by reason whereof divers sums of money, 
 goods and chattels, and other things, the property of the said com- 
 pany, [or, bank,] will come into his hands: Now, therefore, the 
 condition of the above obligation is such, that if the said A. B., Ms 
 executors, or administrators, at the expiration of his said office, upon 
 request to him or them made, shall make or give unto the said com- 
 pany, [or, bank,] or their agent, or attorney, a just and true account 
 of all such sum or sums of money, goods and chattels, and other 
 things, as have come into his hands, charge, or possession, as cashier, 
 \.or, teller; or, "treasurer,] as aforesaid, and shall and ido pay and 
 
BONDS. 129 
 
 deliver oyer, to Ms successor in office, or any other person duly au- 
 thorized to receive the same, aU such balances, or sums of money, 
 goods and chattels, and other things, which shall appear to be in lus 
 hands, and due by him to the said company ; [pr, bank ;] and if the 
 said A. B. shall well and truly, honestly and faithfully, in all things, 
 serve the said company, [or, bank,] in the capacity of cashier, [or, 
 teller ; or, treasurer,] as aforesaid, during his continuance in office, 
 then the above obligation to be void ; else to remain in full force and 
 virtue. 
 
 Sealed, &c., [as in § 205.] 
 
 § 218. Bond of Indemnity to a Surety in a Bond. 
 
 Know all men, (fee. : [as in § 206 to the condition, and then add:~\ 
 Whereas the said C. D., at the special instance and request of the 
 above bounden A. B., has bound himself, together with the said A. 
 B., imto one E. p., of, &c., in a certain obligation, bearing even date 
 herewith, in the penal sum of one thousand dollars, lawful money of 
 the United States, conditioned for the payment of the sum of five 
 hundred dollars, due and owing by the said A. B. to the said E. F., 
 on, &c. : [as in the hoiid; or, if a hail bond he referred to, say — 
 conditioned for the appearance of the said A. B., &c. ; or, conditioned 
 that the sai(^ A. B. shall put in special bail, &c. :] Now, therefore, 
 the condition of the above obhgation is such, that if the said A. B. 
 shall well and truly perform and fulfill the condition of the said bond 
 executed to the said E. R, in manner and form as he is therein re- 
 quired to do, and at aU times hereafter save harmless the said C. D., 
 his heirs, executors and administrators, of and from the said obliga- 
 tion, and of and from all actions, costs and damages, for or by reason 
 thereof, then this obligation to be void ; else to remain in fuU force 
 and virtue. 
 
 Sealed, &c., [as in § 205.] 
 
 § 219. Bond of Indemnity on Paying Lost Note. 
 Know all men, (fee. : [as in^ 206 to the *, and then addi] Whereas 
 the said C. D., on the day of > 18 , did make, execute 
 
 and deliver, unto the above bounden A. B., for a valuable considera- 
 tion, his promissory note, for the sum of one hundred dollars, written 
 due and payable, on or before the day of , then next, 
 
 with interest, wliich said promissory note the said A. B., since the 
 delivery of the same to him, as aforesaid, has in some manner, to him 
 unknown, lost out of his possession ; and whereas the said C. D. hath 
 this day paid unto the said A. B. the sum of dollars, the re- 
 
 ceipt whereof the said A. B. doth hereby acknowledge, in fuU satis- 
 iaction and discbarge of the said note, upon the promise of the said 
 
130 NEW CLERK'S ASSISTANT. 
 
 A. B. tB indenmify and save harmless the said C. D. in the premises, 
 and to deliver up the said note, when found, to the said C. D., to be 
 canceled: Now, therefore, the condition of this obligation is such, 
 that if the above bounden A. B., his heirs, executors, or adminis- 
 trators, or aaj of them, do and shall, at aJl times hereafter, save and 
 keep harmless the said C. D., his heirs, executors and administrators, 
 of, from, and against, the promissory note aforesaid, and of and from 
 all costs, damages and expenses, that shall or may arise therefrom ; 
 and also deliver, or cause to be delivered up, the said note, when 
 found, to be canceled, then this obligation to be void; else to remain 
 in full force and virtue. 
 Sealed, &c., [as in § 205.] ^ 
 
 A. B. [l. s.] 
 E. F. [l. s.J 
 
 § 220. Bond for Performance, to be indorsed on a Contract, 
 or Agreement. 
 
 Kjiow all men, &c. : [as in § 206 to the condition, and then add.'^ 
 
 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 agreements, in the within instrument con- 
 tained, on his or their part to be kept and performed, at the time, 
 and in the manner and form therein specified, then the above obUga- 
 tion shall be void ; else to remain in fuU force and virtue. 
 
 Sealed, &e., [as in § 205.] 
 
 § 221. Bottomry Bond. 
 
 Know all men by these presents, that I, A. B., master, and one ■ 
 third owner, of the ship Isabella, for myself and C. D., who owns 
 the other two-thirds of said ship, am held and firmly bound, imto E. 
 E., in the penali sum of two thousand dollars, lawful money, for the 
 payment of which to the said E. F., his heirs, executors, adminis- 
 trators, or assigns, I hereby bind myself, my heirs, executors and 
 administrators, firmly by these presents. 
 
 Sealed with my seal. Dated the day of , A. D. 18 . 
 
 Whereas the above bounden A. B., hath taken up and received, of 
 the said E. F., the just and full sum of one thousand dollars, which 
 sum is to run at respondentia, on the block and freight of the said 
 Isabella, whereof the said A. B. is now master, from the port of , 
 on a voyage to the port of , having permission to touch, stay at, 
 and proceed to call, at all ports and places within the hmits of the 
 voyage, at the rate or premium of per cent, for the voyage : In 
 
 consideration whereof usual risks of the sea, risers, enemies, fires, 
 
BONDS. 13. 
 
 pirates, Sec, are to be on accovmt of the said E. F. And for furthei 
 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, executors, ad- 
 ministrators and assigns, the said ship Isabella and her freight, 
 together with all her tackle, apparel, &c. : And it is hereby declared, 
 that the said ship Isabella, 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. 
 
 JSTow, therefore, 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, legaUy authorized to receive the same, his or their 
 executors, administrators, or assigns, the just and full sum of one 
 thousand dollars, being the principal of this bond, together with the 
 premium which shall become due thereon, at or before the expiration 
 of twenty days after the arrival of the said ship Isabella at the port 
 of ; or, in case of the loss of the said ship, such an average 
 
 as by custom shall have become due on the salvage, then this obliga- 
 tion is to be void ; 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 
 eflFect 
 
 Sealed and delivered, ) A. B., for self and C. D. [l. &] 
 
 in presence of i 
 
 a. H. 
 
CHAPTER XI 
 CLEEKS AND CRIEES. 
 
 PRACTICAL REMARKS. 
 
 i; Clerks of counties are elected to serve for three years, and 
 must reside in the county, or city, in which the duties of the office 
 are required by law to be executed.' 
 
 2. The Clerks of counties, and of all courts in this State, are re- 
 quired to keep their offices open for the transaction of business, 
 every day in the year, except Sundays and the fourth of July : in 
 the city of New York, from nine o'clock in the forenoon to four 
 o'clock in the afternoon, and in all other parts of the State, from 
 -line to twelve o'clock in the forenoon, and from two to five o'clock 
 ni the afternoon.' 
 
 3. Any Clerk of a Court of Record may administer oaths, and 
 take affidavits, in any cause, matter or proceeding, except where the 
 law requires the same to be administered, or taken, before particu- 
 lar officers.' 
 
 4. Every County Clerk is required to appoint, in writing, some 
 proper person to be deputy clerk of his county, to hold during his 
 pleasure, who must take the constitutional oath of office. When- 
 ever the County Clerk is absent from his office, or is unable to 
 attend to his duties, the deputy is authorized to act in his stead, 
 except in deciding on the sufficiency of sureties for any officer. 
 The deputy may perform all the duties where the office of the 
 County Clerk becomes vacant.' 
 
 5. Clerks of comities are, by virtue of their offices, clerks of all 
 Circuit Courts, Courts of Oyer and Terminer, and County Courts, 
 held within their respective counties." 
 
 1 Amended Constitution of New York, 
 Art. X, § 1 ; 1 R. S. (3d ed.) 105, § 17 ; 11 
 Wendell, 511. 
 
 iiZR. S. (3d ed.)384, §61. 
 
 3 a K. S. (3d ed. ) SSS, 5 56 7 Wendell, 516; 
 4 Paige, 548 
 
 « 1 R. S. (3d ed.) 431, 55 81-84 : Laws ol 
 1831, chap. 237. 
 
 » Laws of 1847, chap. 280 ; Id., chap. 470 
 Laws of 1849, chap. 438. 
 
CLERKS AND CRIEEa 133 
 
 6. Two constables, selected by the SheriflF of the covinty in which 
 any term of the Court of Appeals or Supreme Court is held, act as 
 the Criers of such Court' Criers of other Courts are appointed by 
 !her respectire Courts of which they are officers." 
 
 FOKMS. 
 
 § 222. Proclamation on. Opening Cowt. 
 Hear ye, hear ye, hear ye : All manner of persons that have any 
 business to do at this Circuit Court and Court of Oyer and Termi- 
 ner, held in and for the coimty of , let them draw near and 
 give their attendance, and they shall be heard. 
 
 § 223. For Sheriff to Return Process. 
 Sheriff of the county of : Eetum the writs and pre- 
 
 cepts to you directed and delivered, and returnable here this day, 
 that the court may proceed thereon. 
 
 § 224. Before Calling Chand Jury. 
 You, good men, who are here returned to inquire for the people 
 of the State of New York, for the body of the county of : 
 
 answer to your names, every man, at the first call, and save your 
 fines. [ Call them one hy one in their order.'] 
 
 § 225. For Silence on Charging Grand Jury. 
 AH persons are strictly charged and commanded to keep silence, 
 whUe the court is giving the charge to the grand jury, on pain of 
 imprisonment 
 
 § 226.- To return Recognizances, c&c. 
 All Justices of the Peace, Coroners, Sheriffs, and other officers, 
 who have taken any recognizances, examinations, or other matters : 
 return the same to the court here, that they may proceed thereon. 
 
 § 227. 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 Circuit Court and Court 
 of Oyer and Terminer, held in and for the county of , answer 
 
 to your names at the first call, and save your fines. 
 
 I Laws of] 817, chap. 429. | » Laws of 1842, chap. 202. 
 
134 HEW CLERK'S ASSISTANT. 
 
 § 228. For Imposing Fines. 
 Hear ye, hear ye, hear ye : The court have imposed a fine of 
 dollars, upon each'of the follomng persons, for non-attendance as 
 grand jurors, [or, petit jurors; or, constables,] at this courts to ■wit: 
 A- B., of , &c. &c. 
 
 § 229. For Persons to Appear on Recognizances. 
 Hear ye, hear ye, hear ye : All manner of persons who are bound 
 by recognizances to prosecute, or prefer, any bill of indictment, 
 against any prisoner or other person, let them come forth and prose- 
 cute, or theiy wiU forfeit their recognizances. 
 
 § 230. For Persons Bownd to Answer. 
 Hear ye, hear ye, hear ye : A. B., come forth and answer to your 
 name, and save yourself and bail, or you mil forfeit your recogTiizance. 
 
 § 231. For Bail to Produce Principal. 
 Hear ye, hear ye, hear ye : C. D. and E. R, bring forth A. B., 
 your principal, whom you have undertaken to have here this day, or 
 you will forfeit your recognizance. 
 
 § 232. 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 hearc^ for he stands upon his discharge. 
 
 § 233. Discharge. 
 Hear ye, hear ye, hear ye : No cause being shown why A. B. 
 should longer remain in custody of the Sheriff of the county of , 
 he is discharged. 
 
 § 234. For Jury in a Civil Caitse. 
 Hear ye, hear ye, hear ye : You, good men, who are here empan- 
 neUed and returned, to try this issue, joined between A. B., plaintiff, 
 and C. D., defendant^ answer to your names as you are called, and 
 save your fines. 
 
 § 235. For Defendant on an Inquest. 
 C. D., come forth and make your challenges, or you will lose your 
 challenges, and inquest will be taken against you by default 
 
CLERKS AOT) CRIERS. 135 
 
 § 236. For Plaintiff to Appear and Prosecute. 
 A. B., appear and prosecute your action, or your default will be 
 entered. 
 
 § 237. For Adjournment. 
 Hear ye, hear ye, hear ye : All manner of persons who have any 
 further business to do at this Circuit Court, and Court of Oyer and 
 Terminer, may depart hence, and appear here again to-morrow morn- 
 ing, at o'clocl^ to which time these courts are adjourned. 
 
 § 238. For Opening Court after Adjournment. 
 Hear ye, hear ye, hear ye : AH manner of persons who have been 
 adjourned over to this hour, and have any further business to do at 
 this Circuit Court, and Court of Oyer and Terminer, may draw near, 
 and ^ve their attendance, and they shall be heard. 
 
 § 239. Calling a Witness to ansioer on a Subpoena. 
 D. M., come forward and testify in this issue, joined between A. B. 
 plaintiflF, and C. D., defendant, according to the command of a sub- 
 poena therein served on you, or your default wiH be entered. 
 
 § 240. Oaih of a Witness to give Evidence. 
 You do swear, that the evidence you shall give in this matter in 
 difference, between A. B., plaintiff, and C. D., defendant, shall be 
 the truth, the whole truth, and nothing but the truth. So help yov 
 God.' 
 
 § 241. The Same, hy the Uplifted hand. 
 You do swear, in the presence of the ever-living God, that, &c, 
 \as in § 240 to the end] 
 
 § 242. Affirmation of Witness. 
 
 You do solemnly, sincerely, and truly declare and affirm, that, &c., 
 [as in § 240 to the end."] 
 
 1 Where an oath is administerecl to a Jew, Jehovah should bo sultstitutod for Chd. 
 
136 
 
 NEW CLERK'S ASSISTANT. 
 
 § 243. Oaih of the Foreman of the Grand Jury. 
 You, as foreman of this grand inquest, shall diligently inquire, and 
 true presentment make, of all such matters and things as shall be given 
 to you in chaj-ge ; the counsel of the people, of your fellows, ^and vow 
 own, you shall keep secret: you shall present no one from envy, 
 hatred, or malice; nor leave any one unpresented, for fear, favor 
 affection, reward, .or the hope of reward; but you shall present all 
 things truly, as they come to your knowledge, according to the best 
 of your understanding. So help you God. 
 
 § 244. Oath of Grand Jurors. 
 The same oath your foreman has taken on his part, you and each 
 of you shaJl truly observe and keep on your part. So help you God. 
 
 § 245. 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 Circuit Court, and true ver- 
 dicts give in them, respectively, according to evidence. So help you 
 God. 
 
 § 246. Of Triers in a Civil Cause, upon a Challenge for favor. 
 You shall well and truly try, and truly find, whether E. R, the 
 juror challenged, stands indifferent between A- B., plaintiff, and C. 
 D., defendant, in the issue about to be tried. So help you God. 
 
 § 247. Of Witness on a Challenge. 
 You shall true answers make, to such questions as shall be put tc 
 you touching the challenge of E. R, a juror. So help you God. 
 
 § 248. Of Witness in a Civil Cause. 
 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 trutk So help you God. 
 
 1 Where the juror affirma, or swears by the 
 uplifted hand, this oath and the succeeding 
 one, (§ aJ4,) should be administered as fol- 
 lows, viz ; '' You do solemnly, sincerely, and 
 truly declare and affirm, that as foreman of 
 this grand inquest, you wiUdillgently inquire 
 &C' ' or, " You do swear in the presence of 
 
 the ever-living God, that the same oath your 
 foreman has taken on his part, you [and each 
 of you] will, &c." 
 
 a This and the succeeding forms should be 
 varied, if necessary, in the manner pointed 
 out in the note to § S43. 
 
CLEKKS A^D CRIEES. 137 
 
 § 249. Of Interpreter. 
 You shall truly mterpret between the court, the jurv, the counsel, 
 and thj witness, in this issue joined between A. B., plaintiff, and C. 
 D., defendant So help you God. 
 
 § 250. 0/ Interpreter to a Deaf and Dumb. Witness. 
 Tou shall well and truly interpret between the court, the jury, the 
 counsel, and the witness, E. F., here produced in behalf of A. B., in 
 this issue joined between A. B., plaintiff, and C. D., defendant So 
 help you God. 
 
 § 251. Voire Dire, 
 You shall true answers make to such questions as shall be put to 
 you, touching your interest in the event of this cause. So help you 
 God. 
 
 § 252. Oath of Parti/, or Interested 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, touching the power or control you have over any paper, [or, 
 
 the loss or destruction of any paper,] which would be proper evidence 
 
 in this cause. So help you God. 
 
 § 253. Of a Party, or Interested Witness, Preliminary to Proving 
 the Hand Writing of a Subscribing Witness. 
 You shall true answers make to such questions as shall be put to 
 you, touching your [or, the plaintiff's; or, defendant's] ability to 
 procure the attendance of G. H., a subscribing witness to this paper, 
 [or, the paper in question.] So help you God. 
 
 § 254. Of Constables, 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 
 
 with them without delay. So help you God. ' 
 
 § 255. Of Constables, to Keep Jury on an Adjowrnment. 
 You shall retire with the jury to some convenient room, to be fiir- 
 nished by the Sheriff ; you shall not suffer any person to speak to 
 
138 NEW CLERK'S ASSISTAIIT. 
 
 them, nor speak to them yourself in relation to this trial, and return 
 \pith them at the order of the court So help you God. 
 
 § 256. Of Constable who Attends the Jury, when they retire to 
 consider of the Verdict in Civil and Criminal Cases. 
 
 Tou shall well and truly keep eyery person sworn on this jury, in 
 some private and convenient place, without meat or drink, water ex- 
 cepted; you shall not sufier any person to speak to them, or 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 verifiot So help you God. 
 
 § 257. 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, touching your application [or, the application for and in behalf 
 of E. F.,] to be discharged [or, excused] from attendance as a juror 
 [or, constable] at this court So help you God. 
 
 § 258. On Application of Juror, or Constable, for a Re- 
 mission of Fine. 
 Tou shall true answers make to such questions as shall be put to 
 you, touching your application \or, the application for and in behalf 
 of E. F.] for the remission of your [or, his] fin^, for default in attend- 
 ing as a juror, [or, constable,] at this \or, the last] term of this 
 comli So help you God. 
 
 § 259. Oath of Poor Witness, on Application for Expenses. 
 You shall true answers make to such questions as shall be put to 
 you, touching your application for the expenses of your attendance 
 at this court, as a witness in behalf of the people of this State. So 
 help you God. 
 
 § 260. Of Applicant for Pension. 
 You shall true answers make to such questions as shall be put to 
 you, touching your application for a pension. So help you God. 
 
 § 261. Of Witness, on Application for a Pension. 
 You shall true answers make to such questions as shall be put to 
 you, in the matter of the application of R S., for a pension. So help 
 TOU God. 
 
CLERKS AND CRIERS. 139 
 
 § 262. Of Witness on the Trial of a Jxtstice, on Charges. 
 The evidence you shall giye between the people of the State of 
 New York and G. H., on charges made against him as a Justice of 
 the Peace, shall be the truth, the whole truth, and nothing but the 
 truth. So help you God, 
 
 § 263. Proclamation of Arraignment for Felony. 
 AH persons are strictly charged and commanded, to keep silence, 
 while the court proceed to arraign the prisoners on indictments for 
 felony. 
 
 § 264. Proclamation for Petit Jury on the same. 
 You, good men, who are here returned to iaquire 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. 
 
 § 265. Cleric'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, if a capital case, to pass upon your life and death;] 
 if, therefore, you will challenge them as they come to the book to be 
 sworn, and before they ai-e sworn, you shall be heard. [The crier 
 then calls the jurors, one at a time, as they are drawn by the Clerk; 
 and when the juror comes to the stand, and is ready to be sworn, the 
 Clerk says: Juror, look upon the prisoner — Prisoner, look upon the 
 Juror.] 
 
 § 266. Juror's Oath on a Trial for Felony. 
 You shall well and truly try, and true deliverance make, between 
 the people of the State of New York, and A. B., the prisoner at the 
 bar, whom you shall have in charge, and a true verdict give, accord- 
 ing to the evidence. So help you God, 
 
 § 267. Trier's Oath on a Challenge to the Favor. 
 You shall well and truly try and find, whether C. D., the juror 
 challenged, stands indifferent between the people of the State of 
 New York and the prisoner at the bar. So help you God. 
 
 § 268. Finding of the Triers. 
 The finding is ; that he stands indiflferer.t, [or, not mdifferent] 
 
140 KEW CLERK'S ASSISTANT. 
 
 § 269. Oath of a Witness before the Triers. 
 Tou shall true answers make to such questions as shaJ be put to 
 you, touching the challenge of E. F., as a juror. So help you God. 
 
 § 270, Prodamation Requiring a Witness 'under Recognisance, 
 to Appear and Testify. 
 
 Hear ye, hear ye, hear ye : Gr. 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 re- 
 cognizance. 
 
 § 271. Oath of a Witness on a Trial for Felony. 
 The evidence you shall give between the people of the State of 
 New York, and A. B., the prisoner at the bar, shall be the truth, the 
 whole truth, and nothing but the truth. So help you God. 
 
 § 272. 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 
 
 § 273. Proclamation before calling Jwry on 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 A B., the defend- 
 ant, answer to your names as you are called, and save your fines. 
 
 § 274. Jwror's Oath, on a Trial for a Misdemeanor. 
 You shall well and truly try this issue of traverse between the 
 people of the State of New York, and A. B., the defendant, and a 
 true verdict give therein, according to the evidence. So help you 
 God. 
 
 § 275. 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- 
 
 § 276. Cleric's Address on Taking Recognizance of Prisoner. 
 You, and each of you, acknowledge yourselves to be indebted to 
 the people of the State of New York, to wit : Yon, A. B., in the 
 
CLERKS AJSD CRIERS. 141 
 
 smn of one hundred dollars : and you, C. D., in the sum of one hun- 
 dred dollars, to be levied of your, and each of your goods and chat- 
 tels, 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 A. B. shall appear at the next court 
 \or, from day to day during the sitting of tins court,] of [state the 
 court,'] to be held in and for the county of , then and mere* to 
 
 answer and stand tadal upon a certain indictment against him for fel- 
 ony, [or, whatever may he the offence;] not to depart the court without 
 leave, and to abide its order and decision, then this recognizance to 
 be void ; otherwise to remain in fuU force and virtue. Are you and 
 each of you content ? 
 
 § 277. The Same, on Recognizance of Witness. 
 You, (fee, [ (M m § 276, to the *, and then add:] to testify on the 
 trial of a certain indictment against E. F., for felony, \or, whatever 
 may be the offence;] not to depart the court without leave, &c., \as 
 in § 276.] 
 
 § 278. The Same on liecognizance to Keep the Peace, or for Good 
 Behavior. 
 You, &c., [as in § 276, to the *, and then add.\] to answer and 
 stand trial upon a certain indictment against him, for [state the offence;] 
 and shall also in the meanwhile keep the peace towards S. T., and 
 all the other good people of this State, [or, and shall also in the 
 meanwhile 'te of good behavior,] then, &c., [as in § 276.] 
 
 § 279. Commencement of Address where there is no Surety. 
 You acknowledge yourself to be indebted to the people of the 
 State of New York, in the sum of one hundred dollars, to be levied 
 of your goods, (fee, [as in either of the preceding forms.] 
 
 § 280. Galling Constables. 
 Constables of the County of : Answer to your names, every 
 man, at first call, and save your fines. 
 
 8 281. Cleric's Entry on Issuing Attachment against a Witness. 
 The People, ) On reading and filing an affidavit of the due ser- 
 against > vice of a subpoena on E. F., to appear here this day 
 A. B. ) as a witness on the trial of this indictment, and he 
 being called and not appearing, on motion of E. W. A., Esq., Dis- 
 trict Attorney, it is ordered that an attachment issue against the said 
 E. F. 
 
142 NEW CLERK'S ASSISTANT. 
 
 § 282. -Arraignment of a Party indicted, after reading Indictment. 
 Do you demand a trial on tMs indictment ? 
 
 § 283. Taking Verdict on a Trial for Felony, or Murder. 
 Gentlemen of the jury : Please answer to your names. ^[ Call 
 tUem one by one.] Have you agreed upon your verdict ? {After 
 the answer, sayi^ Jurors, look upon the Prisoner. Who shajl say 
 for you? [The foreman rises.'\ How say you; do you find the 
 prisoner at the bar guilty of the felony [and murder, if necessary^ 
 whereof he stands indicted ; or not guilty ? [ The foreman answers : 
 guilty; or, not guilty. Then the Cleric adds:^ Hearken to your 
 verdict, gentlemen, as the court has recorded it : You say, you find 
 the prisoner at the bar guilty [or, not guilty] of the felony [and 
 murder, if necessary,'] whereof he stands indicted ; and so you say aU. 
 
 § 284. Polling Jury in the Same. 
 [When the polling of the jury is demanded, the Cleric will hegm 
 with tha first name on the panel{\ A. B., how do you find the priso- 
 ner at the bar ; guilty or not guilty ? [ When the foreman has an- 
 swered, call the next juror as follows:] C. D., is that your verdict? 
 [Then proceed in the same manner, through the whole panel, and 
 when all have answered, say:^ Then, gentlemen of the jmy, hearken 
 to your verdict as the court has recorded it You say you find the 
 prisoner at the bar* guilty of the felony [and murder, if 'Qficessary,'\ 
 whereof he stands indicted, and so you say aU. 
 
 §285. Talcing Verdict in other Criminal Cases. 
 Gentlemen of the jury: Please answer to your names. [Call 
 them one by one."] Have you agreed upon your verdict ? [After 
 the answer, or affirmative assent, is given, sayf] Who shall say for 
 you? [The foreman rises^ How say you; do you find the priso- 
 ner at the bar guilty of the misdemeanor [or, assault and battery, 
 and riot; or, riot; or, oflfence; or, crime] whereof he stands indicted; 
 or not guilty? [The foreman answers: guilty; or, not guilty. Then 
 the Cleric adds:'\ Hearken to your verdict, gentlemen, as the court 
 has recorded it You say you fimd the prisoner at the bar guilty 
 [or, not guilty] of the misdemeanor [or, assault and battery, and 
 riot; or, riot; or, pfience; or, crime] whereof he stands indicted- 
 and so you say aU. 
 
CLERKS AND CRIEKS. 143 
 
 § 286. Polling Jury in the Same. 
 [Proceed asin^ 284 to the *, and then add:} guilty of the mis- 
 demeanor \or, assault and battery, and riot; or, riot; or, offence; or 
 crime] whereof he stands indicted; and so you say all 
 
 § 287. Taking Verdict in a Civil Cause. 
 Gentlemen of the jury : Please answer to your names. [ Call 
 them one by owe.] Have yon agreed upon your verdict ? * How 
 do you find ? [ The foreman states the finding of the jury; the Cleric 
 then enters the verdict, and continues :'\ Gentlemen, listen to your 
 verdict as it stands recorded. You say yon find, &c., [as the finding 
 may be;} and so you say all. 
 
 § 288. Untry of Verdict. 
 Supreme Court, 
 
 A- B. ) County of . At a Circuit Court held 
 
 against > held in and for said county, on the day 
 
 C. D. ) of , 18 , before J. M., Esquire, Justice. 
 
 JURORS. 
 
 [Insert names."] 
 
 WITNESSES. 
 
 [Insert names."] 
 Verdict for defendant, [or, verdict for plaintiff, damages $ ; 
 
 or, verdict for plaintiff against defendant, C. D., damages 8 , 
 
 and verdict for the defendant E. F. ; [or, if it be a special verdict, 
 insert the same at length.]* E. B. C, Clerk 
 
 § 289. JSntry of Verdict, with Assessment of Value of Persorud 
 
 Property. 
 Supreme Court, 
 
 A. B. ) County of, &c., [as in the preceding form, to 
 
 against > the *, and then add:] and the jury assess the 
 C. D. ) value of the said [mention the property in ques- 
 
 tion] at dollars: [J^ necessary, add: and they further assess 
 
 the damages of the said defendant by occasion of the delivery and 
 detention of the said property, at dollars.] 
 
 E. B. C, Clerk. 
 
 § 290. Untry of Judgment. 
 Supreme Court, 
 
 A. B. 1 Judgment, 
 
 . against V January 1, 1849. 
 
 C. D. ) This cause being at issue upon the facts, and a 
 trial by jury having beea had, on which a verdict was found for the 
 
144 HEW CLEKK'S ASSISTANT. 
 
 plaintiff, that, (fee, [state the finding; or, if there was no jwry, say: 
 and the same having been submitted to the court, verdict was ren- 
 dered, &c.] 
 
 Now, on motion of G. H., attorney for the plaintiff, it is ordered 
 and adjudged by the said court, that, &c., [as the verdict may 6e.] 
 
 E. B. C, Clerk. 
 
 § 291. Taking Verdict where Personal Property is in Question. 
 
 Gentlemen of, <feo., [as in § 28'7, to the *, and then add:1 How do 
 you find? [The foreman answers: We find the title of the horse 
 in question to be in the plaintiff, and assess the value thereof at one 
 hundred dollars. The Clerk enters the verdict, and then adds:^ Gen- 
 tlemen, listen to your verdict as it stands recorded. You say you 
 find, &c., [as above ;'\ and so you say aU. 
 
 § 292. TaKng Yerdict in Actions for Damages. 
 Gentlemen of, (fee, [as m § 287 to the *, and then add:'\ How do 
 you find? [The foreman answers: "We &aAiox the defendant; or. 
 We find for the plaintiff one hundred dollars damages and six cents 
 costs. The Clerk enters the verdict, and again repeats the finding, 
 and makes the inquiry, as m § 287.] 
 
 § 293. Taking Verdict in Cases of Lunacy, dc. 
 Gentlemen of, &c., [as in § 287 to the *, and then add:] How 
 do you find? [The foreman answers: We find that A. B. is a lu- 
 natic, of unsoimd mind, and incapable of managing or conducting his 
 affairs ; or, that A. B. was of unsoimd mind, at the time of the exe- 
 cution of the wUl, [or, deed,] in question, to wit: on the day of 
 ,18 ', and incompetent to execute the same; or, that 
 A. B. was of unsound mind, and incompetent to contract matrimony, 
 at the time of the solemnization of the marriage to E. D., to wit: on 
 the day of , 18 . After entering the verdict, the Clerk 
 makes the inquiry, as in other coses.] 
 
 § 294. Taking Verdict in Action for Recovery of Real Property 
 
 Gentlemen of, (fee, [as in § 287 to the *, and then add:'] How 
 do you find? [The foreman answers: We find the title of the land 
 in question to be in the plaintiff; or, defendant: IfXhere is a claim 
 for the mesne profits, add: and assess the damages for withholding 
 the said premises, against the defendant, at dollars and six 
 
 cents costs. The Clerk enters the verdict, die, as in the precedvig 
 forms^ 
 
CLERKS AND CEIERS. MT) 
 
 § 295. Polling Jury in Civil Actions. 
 \^Begin with the first name on the panel, as in criminal actions-^ 
 A. B., you say you find [as the verdict may be: after the an,<>v)er is 
 given, then call the next juror,] C. D.,is that your verdict? [Proceed 
 in this manner ihrontgh the list, and when all have answered, say:] 
 Then, gentlemen of the jury, hearken to your verdict, as the court 
 has recorded it. You say you find [ols the verdict may Se,] and so 
 you say aO. 
 
 § 296. Certificate of Money paid into Court by Sheriff. 
 Supreme Court, 
 
 A. B. ^ I herby certify, that A. R., Sheriff cf the 
 
 against \ County of , has this day paid into court 
 
 C. D. 3 in this action, the sum of doUars, to be 
 
 applied pursuant to the statute. 
 
 Dated the day of , 18 . 
 
 E. B. C, Clerk of 
 said County of 
 
 § 297. Uniry of Judgment on Submission. 
 Supreme Court, 
 
 A. B. ) Judgment, 
 
 against > January 1, 1849. 
 
 C. D. ) The above named parties, A. B. and C. D., 
 
 having submitted the controversy between them without action, and 
 a trial by the court being had liereon, the coiui; decided [state the 
 decision!] 
 
 Now, on motion of G. H., attorney of the said A. B., it is hereby 
 adjudged, <fec., [as the decision may 5e.] 
 
 E. B C, Clerk of 
 said County of 
 
 § 298. Confession of Judgment without Action.^ 
 County ss : 
 
 I, A. B., of the town of , in said county, hereby confess 
 
 myself indebted to C. D., of the same place, [or, as the case may be,] 
 in the sum of , and authorize the said C. D., or his execu- 
 
 tors, administrators, or assigns, to enter a judgment against me, in 
 the Supreme Court of the State of New York, for that amount* 
 
 The said sum of money is due on a promissory note, made by me, 
 and dated the day of, &o., [describe the note, or set forth in 
 
 detail, the origin or cause of the indebtedness.] 
 
 1 See Laws of 1849, chap, 438— Part II., Title xu., chap. 3. 
 
146 NEW CLEEK'S ASSISTANT. 
 
 And I hereby state, that the sum by me above confessed is justly 
 due [or, will justly become due] to the said C. D., in pursuance of 
 the facts above set forth. 
 
 A.B. 
 
 Dated the day of , 18 . 
 
 § 299. Affidavit to verify Confession, and to he annexed thereto. 
 Tn Supreme Court, ) 
 County, j 
 A. B., above named and described, bemg duly sworn, says, that 
 the above statemeni^ by him signed, is true. 
 Sworn to, this day of ) 
 
 .18 , before me, J A. B. 
 
 G. H., County Clerk. 
 [ Or any officer authorized to administer oaihs.^ 
 
 8 300. Confession to secure against a Contingent Liability. 
 County, ss: 
 I, A. B., of, (fee, [as in § 298 to the *, and then addi] 
 The following is a statement of the facts showing a contingent ha- 
 bility of the said C. D., for me, the said A. B., and to secure him 
 against which, the above confession is made, via: [set forth the facts 
 in detail^ 
 
 And I hereby state, that the sum above confessed does not exceed 
 the hability incurred by the said C. D., under the circumstances 
 above described. 
 
 Dated, &c., [conclude, as in § 298, and append the affidavit of 
 verif cation, (§ 299.)] 
 
 § 301. JEntry of Judgment on Confession. 
 In Supreme Court, 
 
 C. D. ) Judgment, 
 
 against V January 1, 1849. 
 
 A. B. ) The above named A. B., having confessed a 
 judgment to the above named C. D., for the sum of dollars, 
 
 it is hereby adjudged, that the said C. D. recover against the said A. 
 B. the sum of doUars, aforesaid, with five doOars costs. 
 
 E. B. C, Clerk 
 
 § 302. Clerk's Certificate of fling Notice of Lis Pendens, 
 StateofNew York, ) ^. 
 Comity, j 
 I, E. B. C, Clerk of the said ctrnnty, do hereby certify, that a 
 
CLERKS AND CRIERS. 147 
 
 jotice, of whioli the above [or, within] is a copy, was nled in the 
 clerk's office of said county, on the day of , 18 . 
 
 Dated the day of , 18 . 
 
 E. B. C. 
 
 § 303. OertificcU» of Authentication to the Acknowledgment, or 
 Proof, of a Conveyance. 
 StateofNew York, ) g. 
 CoTinty, j 
 I, L. M., Clerk of the said county, do certify, that G. H., the 
 person subscribing the within \or, annexed] certificate of acknow- 
 ledgment, [or, proof,] was, at the date thereof, a Justice of the Peace 
 of said county, and duly authorized to take acknowledgments and 
 proofs of conveyances, to be recorded in this State ; and that I am 
 well acquainted with the handwriting of the said G-. H., and verily 
 believe that the name G. H., subscribed to the said certificate, is his 
 proper and genuine signature. 
 
 In testimony whereof, I have caused the seal of the County 
 [l. s.] Court of said county to be hereunto affixed, this 
 day of , 18 . 
 
 L. M. 
 
 § 304. Certificate of Official Character. 
 StateofNew York,) ^. 
 County, J 
 
 I, L M., Clerk of the said county, do hereby certify, that G. H., 
 the person subscribing the foregoing deposition, \or whatever the 
 instrument may 6e,] and before whom the same was taken, [or, 
 acknowledged,] was, on the day of > 18 , therein men- 
 
 tioned, the Judge of County Court, [or, as the case may be,'] 
 
 a court of record of the said county of ; [or, <w the proper 
 
 title of the officer may be; and then add the clause in relation to the 
 genuineness of the signature, if necessary.] 
 
 [l. B.] In testimony whereof <fec., [as in § 303.] 
 
 § 305. Transcript of Judgment and Clerk's Certificate. 
 Supreme Court, 
 
 A. B. ) Damages, $253,87; Costs, $15,30. Docketed 
 
 against > , August ,18 , at A. M. 
 
 C. D. ) R. R, Attorney. 
 
 State of New York, County, ) 
 
 Clerk's Office, August ,18 . P^' 
 
 I certify, that the preceding is a true copy of the docket of aa 
 original record of judgment remaining on the files of this office. 
 
 L. M., Clerk. 
 
148 NEW CLERK'S ASSISTANT. 
 
 § 306. Certifieate to Copy of a Record, or Paper, on FUe in tt# 
 Clerlc'a Office. 
 
 State of New York, Coimty, ) 
 
 Clerk's Office, May ,18 .] 
 
 I do hereby certify, that I have compared the foregoing copy of a 
 [name the instrument,'] and of the endorsements thereupon, with the 
 original records of the same remaining in this office, [or, with the 
 originals now remaining on file ia this office,] and that the same are 
 correct transcripts therefrom, and of the whole of said origmal re- 
 cords, [or, originals.] 
 
 [l. s!] In testimony whereof &c., [as in § 303.] 
 
 § 307. Clerh's Certificate on Transcript ef Judgment before 
 Justice of the Peace. 
 State of New York, )g. 
 County, ) ' 
 I, L. M., Clerk of the said county, do certify, that G. H., the per- 
 son stibscribing the within [or, annexed] transcript, was, at the date 
 of the judgment therein mentioned, viz : on the day of , 
 
 18 , a Justice of the Peace of the said county, an4 that I am well 
 acquainted, ibc, [as in § 303, siibstUviing transcript for certificate.] 
 
CHAPTER Xn. 
 COMEIMCES BY DEED AND MORTGAGE. 
 
 PKACTIOAL REMARKS. 
 
 1. All instruments under seal are deeds; but the term 'deed,' is 
 generally understood as applying to conveyances of land. 
 
 2. Every person capable of holding lands, (except idiots, persons 
 of unsound minds, and infants,) seized of, or entitled to, any estate or 
 interest in lands, may alien such estate or interest, at pleasiure, sub- 
 ject to the restrictions and regulations provided by law.' 
 
 3. No purchase, or contract, for the sale of lands, in this State, 
 made since the fourteenth day of October, 1775, with the Indians 
 residing in the State, is valid, unless made under the authority and 
 with the consent of the Legislature." 
 
 4. Every grant 'm fee, or of a freehold estate, in New York, must 
 be subscribed and sealed by the person from whom the estate or in- 
 terest conveyed is intended to pass, or his lawful agent; if not duly 
 acknowledged before its delivery, its execution and delivery must be 
 attested by at least one witness ; and if not so attested, it will not 
 take effect as against a purchaser, or incumbrancer, until so acknow- 
 ledged. A grant will not take effect, so as to vest the estate or inte- 
 rest intended to be conveyed, except from the time of its delivery. 
 Almost any act of the party executing a deed, importing an intention 
 to deliver it, wUl be sufficient; or it may be delivered as an escrow, 
 on conditions, and will take effect, on the performance of such condi- 
 tions, from the time of the delivery.' 
 
 6. No estate or interest in lands, other than leases for a term not 
 exceeding one year, nor any trust, or power, over or concerning lands, 
 or in any mauuer relating thereto, can be created, granted, assigned, 
 surrendered, or declared, unless by act or operation of law, or by a 
 deed, or conveyance in writing, subscribed by the party creating, 
 
 1 2 R. S. (3d ed.) 3, § 10. I eon, 285: ] I Wendell. 240; 2 Hill, 669; 1 Bar- 
 
 > 2 U. S. (3d ed.) 3, § 11. tour's S. C. Rep., 600. 
 
 2 R S. (3d ed.) 22, §5 137, 138; 13 John- | 
 
150 , ifEW CLERK'S ASSISTANT. 
 
 granting, assigning, surrendering, or declaring, the same, or by his 
 lawful agent thereunto authorized by writing.' 
 
 6. A contract for the sale of growing trees, with the right to eater 
 and remove them, must be reduced to writing, in order to be valid." 
 
 7. The term ' heirs,' or other words of inheritance, are not requi- 
 site to create or convey an estate in fee ; and every grant of reaj 
 estate, or any interest therein, will pass all the estate or interest of 
 the grantor, unless the intent to pass a less estate or interest appears, 
 by express terms, or is necessarily impUed m the terms of the grant' 
 
 8. No covenant can be miphed in any conveyance of real estate, 
 whether such conveyance contain special covenants or not Deeds 
 of bargain and sale, and of lease and release, may continue to be 
 used, and wiU be deemed grants, and, as such, subject to the provi- 
 sions of law concerning grants.* 
 
 9. No greater estate or interest wiU be construed to pass by any 
 conveyance, than the grantor himself possessed at the delivery of the 
 deed, or could then lawfully convey, except that every grant is con- 
 clusive as against the grantor, and his heirs, claiming from him by 
 descent; and also, as against subsequent purchasers from such grantor, 
 or from his heirs, claiming as such, except a subsequent purchaser 
 in good faith, and for a valuable consideration.' 
 
 10. Every grant of lands will be absolutely void, if at the time of 
 the delivery thereof, such lands be in the actual possession of a per- 
 son claiming under a title adverse to that of the grantor ; except as 
 against the grantor and his heirs. But every person having a just 
 titie to lands, of which there is an adverse possession, may execute a 
 mortgage on such lands ; and such mortgage, if duly recorded, will 
 bind the lands from the time the possession thereof may be recovered, 
 by the mortgagor or his representatives, and will have preference 
 over subsequent mortgages, judgements, or other instruments.' 
 
 11. Where the grantor in a deed has no title to the premises con- 
 veyed, the covenants of seizure and power to convey, if inserted in 
 the deed, are broken immediately upon its execution.' 
 
 12. A deed should be founded on a sufficient consideration, and 
 executed by persons able to contract and be contracted with ; the 
 subject matter must be set forth in sufficient words to describe the 
 agreement, and bind the parties ; and it should be read by or to the 
 grantor, previous to the execution, unless the reading is expressly 
 waived. The consideration of a deed may be either good or valua- 
 ble : it must not partake of any tMng immoral, illegal, or fraudulent 
 
 1 2 R. S. (33 ea.) 194, 6 6: 6 Wendell, 461; 
 10 Id., 436; 13 Id., 481; 16 Id., 25, 28; 2 Hill, 
 485. 
 
 a 1 Denio. 550. 
 
 S2 R. S. (:3ded.)33, 51. 
 
 « 2 R. S. (3d ed.) 22, §§ 140, 142; 14 Wen- 
 dell, 38; 8 Paige, 593 
 
 s 2 R. S. (3d ed.) 23, 5§ 143, 144. 
 
 2 R. S. (3d ed.) 23, §§ 147, 148; 7 Wen- 
 dell.srr; 9Id., 616; 15 Id., 164; 21 Id , iS; 2 
 Hill. 626. 
 
 ' 2 Barboui'8 S. C. Rep., 300. 
 
CONVEYANCES BY DEED AND MORTGAGE. 151 
 
 Every deed, or contract, is void, when made for any fraudulent pur- 
 pose, or in violation of law. A good consideration is founded upon 
 natural love and affection between near relations by blood : a valua- 
 ble consideration is founded on something deemed valuable, as money, 
 goods, services, or marriage. An equitable liability is sufficient to 
 uphold an express covenant or promise.' 
 
 13. Where the consideration is expressed in a deed, any averment 
 to the contrary cannot be made, although it may be inquired into, for 
 all purposes, except to impeach the deed as between the parties ; 
 nor win the validity of a deed depend on the amount of the conside- 
 ration." 
 
 14. The rule in relation to the description of premises conveyed 
 by metes and bounds is, that known and fixed monuments control 
 courses and distances ; and the certainty of metes and bounds wiU 
 include aU the lands within them, though they vary from the quan- 
 tity expressed in the deed. Where natural and fixed objects are 
 wanting, and the course and distance cannot be reconciled, the one 
 or the other may be preferred, according to circumstances.' 
 
 15. In the construction of every instrument granting or convey- 
 ing, or. authorizing the creation or conveyance of, any estate or 
 interest in lands, it is the duty of courts of justice to carry into effect 
 the intent of the parties, so far as such intent can be collected from 
 the whole instrument, and is consistent with the rules of law. Mate- 
 rial erasures or interlineations in a deed, should always be noted 
 before the execution.^ 
 
 16. A quit-claim deed, purporting to convey one's " right of expec- 
 tancy," or possibility of inheritance, will not affect the grantor's title 
 as heir, subsequently acquired.' 
 
 17. When a deed is executed by an attorney, for several principals, 
 one seal is sufficient, provided it appear that the seal afBxed was 
 intended to be adopted as the seal of all" 
 
 18. An action will lie for fraudulent representations as to the terri- 
 torial extent of right in real estate conveyed or leased.'' 
 
 1 9. Where land is conveyed by metes and bounds, if the descrip- 
 tion contains positive lang-uage as to quantity, it is to be regarded au 
 descriptive only, and not as a covenant of quantity.' 
 
 20. If a grantor has no titie, his covenant of seizin is broken im- 
 mediately on the execution of his deed ; but where there are cove- 
 nants of warranty and quiet enjoyment only, there must be an 
 eviction, before a recovery can be had.' 
 
 1 4 Kent's Commentariea, (2d ed.) 404: 2 
 R. S. (3tl ed.) 193, §§ 1, 2; 2Hill, 659; 7 Id., 
 aS; J Demo, 620. 
 
 > 1 Johnson, 139; 4 Id,, 23; 16 Id. 47; 4 Cow- 
 en, 430; 910., 69; 9 Wendell, 611; 16 Id., 460; 
 
 Denio, S2b 2 Barbour's Ch. Rep., 232. 
 
 ' 4 Kenl's Comrnenlaries (2d ed.) 466; 3 
 Barbour's S. C. Rep., 215. 
 
 * 2 R. S. (3d ed.) 33, 5 2; 2 Barbour's S. C 
 Rep. 229: I Comstock, 96. 
 6 2 Hill, 641. 
 4 Hill, 351. 
 ' 1 Comstock, 305. 
 8 3 Barbour's S. C. Rep., 353. 
 » 1 Comstock, 509. 
 
152 
 
 NEW CLERK'S ASSISTAIIT. 
 
 21. No mortgage ■will be construed as implying a covenant foi the 
 payment of the sum mtended to be secured; and where there is no 
 express covenant for such payment contained in the mortgage, and 
 no bond or other separate instrument given, the remedies of the 
 mortgagee will be confined to the lands mentioned in the mortgage.' 
 
 22. The wife of a grantor, or mortgagor, must unite with her 
 husband in a conveyance, in order to release her light of dower, 
 except in the case of a mortgage for the purchase money. A detd 
 conveying any interest of a married woman in lands, except her 
 separate estate, or unless under her power, must be executed by 
 herself and husband: but a married woman who is an infant, can- 
 not bind herself by deed so as to bar her right of dower.'' 
 
 23. Where, upon the sale and purchase of land, a deed is executed 
 by the vendor, and a mortgage given by the purchaser, and both are 
 acknowledged and recorded at the same tune, it will be presumed 
 that the mortgage was given to secure the purchase money, though 
 the same be executed to a third person, instead of the vendor, by 
 direction of the latter.' 
 
 24. Where it is evidently the intention of the parties to a paper 
 that the same shall be regarded as a mortgage, no form of words 
 win defeat such intention.* 
 
 25. A mortgage is a lien, or security for a debt, but does not give 
 title in, or to, real estate ; and the interest of the mortgagee is a 
 mere chattel interest' 
 
 26. A mortgage conditioned for support and maintenance is good.' 
 
 27. If a deed be given, and the purchaser execute a mortgage, 
 the presiunption will be that they were executed at the same time, 
 iind the vendee will acquire only the equity of redemption.' 
 
 28. Where lands are mortgaged, and a part thereof subsequently 
 sold by the mortgagee, the part remaining unsold is the primary 
 fund for the payment of the debt, and if different parcels are sold, 
 they are to be charged with the debt in the inverse order of aliena- 
 tion.' 
 
 29. A release of a part of mortgaged premises does not impair 
 or destroy the lien as to the residue between the original parties.' 
 
 30. The mere recording of an assignment of a mortgage is not 
 such a nutice to the mortgagor as will invalidate a payment made by 
 him, subsequent to the assignment, to the assignor.'" 
 
 31. A mortgage discharged of record, without actual satisfaction, 
 in consequence of fraudulent representations by the mortgagor, may 
 be nivived." 
 
 ' 2 R. S. (3d ed.,) 22, § 139. 
 
 I 1 Barbour's S. C. Rep., 399; 4 Id., 407; 
 Id., 646. 
 
 ' 1 Barboui'B S. C. Rep., 399. 
 
 * 2 Barbour's S. C. Rep., 28. 
 
 e 3 Denio, 232; 2 Barbour's Ch. Rep., 119; 
 3 Barbour's S. C. Rep., 305. 
 
 « 2 Comstock, 360. 
 
 ' 3 Barbour's S. C. Rep., 128. 
 
 ' 2 Comstock, 289. 
 
 9 3 Barbour's S. C. Rep., 12a 
 
 10 2 Barbour's Ch. Rop., 82. 
 " 1 Barbour's S. C. Rep., 393. 
 
COinnEYANCES BT DEED AND MORTGAGE. 153 
 
 32. A. certificate of the sale of real estate on an execution, must 
 contain: a particular description of the premises sold; the price bid 
 for each distinct lot, or parcel; the whole consideration money paid; 
 and the time when such sale will become absolute, and the purchaser 
 be entitled to a conveyance, pursuant to law. The deed is to be 
 executed by the officer maMng the sale.' 
 
 33. Two witnesses are required at the execution of a deed, in New 
 Hampshire, Vermont, Rhode Island, Connecticut, Pennsylvania, 
 Georgia, Ohio, Indiana, Illinois, Michigan, and Wisconsin. In Dela- 
 ware, Tennessee, and North Carolina, two witnesses are required 
 where a deed is to be proved by witnesses. In the other States, one 
 witness is sufficient to render a deed valid, as between the parties. 
 In this State, proof of the execution of a deed by one witness, or its 
 acknowledgment before the proper officer, will entitle it to be recorded. 
 
 34. Mortgages of real estate may be foreclosed by advertisement, 
 by the party holding the same, in person, where default has been 
 made in any condition of suc|i mortgage, and no other legal proceed- 
 ings are then pending thereupon." 
 
 35. In order to foreclose a mortgage, a notice, specifying the 
 names of the mortgagor and mortgagee, and assignee, if any ; the 
 date of the mortgage, and where recorded; the amount claimed to 
 
 . be due at the time of the first pubHcation of the notice ; and a des- 
 cription of the mortgaged premises, conforming substantially with 
 that contained in the mortgage ; must be pubUshed for twelve weeks, 
 succesavely, at least once in each week, in a newspaper printed in 
 the county where the premises to be sold are situated; or, if they 
 are situated in two or more counties, in either of them.' 
 
 36. A copy of the notice of foreclosure must be affixed, at least 
 twelve weeks prior to the time designated for the sale, on the out- 
 ward door of the building where the county courts are directed to be 
 held, in the coimty where the premises are situated ; or, if there are 
 two or more such buildings, on the outward door of that one nearest 
 the premises. A copy of such notice must also be served, at least 
 fourteen days prior to the time specified therein for the sale, on the 
 mortgagor or his personal representatives, and on the subsequent 
 grantees and mortgagees whose conveyances or mortgages were on 
 record at the time of the first pubHcation of the notice, and on all 
 persons having a lien, by judgment or decree, on the mortgaged 
 premises, subsequent to such mortgage ; such service may be made 
 personally, or by leaving the notice at the dwelling-house of the 
 person to be served, in charge of some one of suitable age, or by 
 depositing a copy of such notice, at least twenty-eight days prior to 
 
 1 2 R. S. (Sa ed.) 467, 5 44; 20 Wendell, 1 82 E. S. (8ded.) 683, §§ 1, 2; 7 Wendell, 
 416; 7 Hill, 476, 616. 468; 4 Paige, 68; 7 Id., 267. 
 
 1 »2E. 8. (Sa od.)632, 8; §§8,4; lHUl,ia 
 
154 
 
 NEW CLEEK'S ASSISTANT. 
 
 the time specified therein for the sale, in the post office, properlj 
 folded and directed to said person at his place of residence.' 
 
 37. The sale of the mortgaged premises may be postponed from 
 time to time, by inserting a notice thereof as soon as practicable, in 
 the newspaper in which the original advertisement was published, 
 and continuing such insertion until the time to which the sale was 
 postponed." 
 
 38. The sale must be made at public auction, in the day time, in 
 the county where the mortgaged premises, or some part of them, 
 are situated. If the premises consist of distinct farms or lots, they 
 must be sold separately; and no more can be sold than will be suf- 
 ficient to pay the amount due on the mortgage at the time of the 
 first pubEcation of the notice, with interesi^ and the costs and ex- 
 penses allowed by law. The mortgagee, his assigns, or his or their 
 legal representatives, may, fairly and in good faith, purchase the 
 premises, or any part of them, at the sale.^ 
 
 39. A sale of mortgaged premises, in pursuance of the foregoing 
 directions, wiU be a bar of all claim or equity of redemption of the 
 mortgagor, or his representatives, or of any person claiming under 
 him or them, by virtue of a title subsequent to the mortgage fore- 
 closed; and also, of any person having a lien on the premises, or any 
 part thereof by or under any judgment or decree, subsequent to 
 such mortgage, who has been served with a copy of the notice of 
 sale.* 
 
 40. An affidavit" of the facts and circumstances of the sale must 
 be made by the person who officiated as auctioneer; an affidavit of 
 the publication of the notice, by the printer of the newspaper iii 
 wliich the same was inserted, or his foreman; and an affidavit of 
 affixing the notice, and, also, an affidavit of serving the same, by the 
 person, or persons, performing such duty ; which affidavits may be 
 taken by any judge of a court of record, supreme court commis- 
 sioner, or commissioner of deeds, and may be filed and recorded in 
 the clerk's office of the county in which the sale took place. Such 
 affidavits wiQ constitute the evidence of the sale, and foreclosure of 
 the equity of redemption, without any conveyance; although it is 
 better for the purchaser, when not a mortgagee or assignee, to take 
 a deed, with the usual covenants of warranty, &c., of such mort- 
 gagee, or assignee, where there is the least possible doubt in regard 
 to the title.' 
 
 41. The purchaser of lands, on foreclosure and sale under a mort- 
 gage, is entitled to the growing crops sown by the mortgagor." 
 
 • 2 R. S. (3d ed.,) 632, § 3 ; Laws of 1842, 
 chap. 2r/; Laws on844, chap. 346. 
 
 a 2 E. S. (3d ed.,) 633. § 6 ; 4 Denio, 104. 
 
 a 2 R. S. (3d ed.,) 633, 55 6, 7 ; 4 Cowen, 
 E6f,i 1 Paige, 62. 
 
 < 2 R. S. (3d ed.,) 633, 58: 10 Johnson, i8Bi 
 4 Paige, 58, 531 : 1 Hill, 107 ; 6 Id., 65 
 s 2 R. S. (3d ed.,) 634, S§ 9-14 ; 4 Denio, 41. 
 « 2 Denio, 174. 
 
CONVEYANCES BT DEED AND MORTGAGK 155 
 
 FOEMS. 
 
 § 308. Simple Deed. 
 
 This indenture,' made the day of , in the year of our 
 
 Lord one thousand eight hundred and , between A. B., of, 
 
 •fee, of the first part, and C. D., of iio., of the second part, witness- 
 eth : That the said party of the first part, for and in consideration of 
 the sum of dollars, to him in hand paid by the said party of 
 
 the second part, the receipt whereof is hereby acknowledged, hath 
 bargained and sold, and by these presents doth bargain and sell, 
 unto the said party of the second part, and to his heirs and assigns, 
 forever, all, &c., [^ere describe the premises ;] together with all and 
 singular the hereditaments and appurtenances thereunto belonging, 
 or in any wise appertaining ; and the reversion and reversions, re- 
 mainder and remainders, rents, issues and profits, thereof; and also 
 all the estate, right, title, interest, claim, or demand whatsoever, of 
 him, the said party of the first part, either in law or equity, of, 
 in and to, the above bargained premises, and every part and parcel 
 thereof:* 
 
 In witness whereof, the said party of the first part has hereunto 
 set his hand and seal, the day and year first above written. 
 Sealed and delivered, ) 
 in presence of ) 
 
 G. H. A. B. [l. s.j 
 
 § 309. Quit- Claim Deed. 
 
 Know aU men by these presents : That we, A. B., of, &c., and E. 
 his wife, in consideration of the sum of , to us in hand paid by 
 
 C. D., of, &o., the receipt whereof we do hereby acknowledge, have 
 bargained, sold and quit-claimed, and by these presents do bargain, 
 sell and quit-claim, unto the said C. D., and to his heirs and assigns, 
 forever, all our and each of our right, title, interest, estate, claim and 
 demand, both at law and in equity, and as well in possession as in 
 expectancy, of, in and to, all that certain piece or parcel of land, situ- 
 ate, &c., [description ;] with all and singular the hereditaments and 
 appurtenances, thereunto belonging. 
 
 In witness whereof, we have hereunto set our hands and seals, tha 
 day and year first above written. 
 
 Sealed, &e., [as in % 308.] 
 
 A. B. [l. 8.] 
 E. B. [L. S.J 
 
156 u^-^V CLERK'S ASSISTANT. 
 
 § 310. Qid(- Claim, with Covenant against Acts of Orantor. 
 
 This indenture, made the day of , in the year one 
 
 thousand eight hundred and , between A. R, of, (fee, of the 
 
 first part, and C. D., of, <fec., of the second part, 'witiiesseth : That 
 the said party of the first part, for and in consideration of the sum 
 of dollars, to him in hand' paid by the said party of the second 
 
 part, at or before the ensealing and delivery of these presents, the 
 receipt whereof is hereby acknowledged, hath remised, released and 
 quit-claimed, and by these presents doth remise, release, and quit- 
 claim, unto the said party of the second part, and to his heirs and 
 assigns, forever, all [description ;'\ together with all and singular the 
 tenements, hereditaments and appurtenances, thereunto belonging, or 
 in any wise appertaining; and the reversion and reversions, remain- 
 der and remainders, rents, issues, and profits thereof : And also, all 
 the estate, right, title, interest^ [insert, dower and right of dower, if 
 necessary,'] property, possession, claim and demand whatsoever, as 
 well in law as in equity, of the said party of the first part, of, in, or 
 to, the above described premises, and every part and parcel thereof 
 with the appurtenances. And the said party of the first part, for 
 himself and his heirs, executors and adrninistrators, doth covenant, 
 promise and agree, to and with the said party of the second part, his 
 heirs, executors, administrators and assigns, that he hath not made, 
 done, committed, executed, or suffered, any act or acts, thing or 
 things, whatsoever, whereby, or by means whereof, the above men- 
 tioned and described premises, or any part or parcel thereof, now are, 
 or at any time hereafter shall, or may be, impeached, charged or 
 uiciunbered, in any manner or way whatsoever. 
 
 In witness, &c., [as in § 308.] 
 
 § 311. Warranty Deed — Short Form. 
 To all people to whom these presents shaU come, greeting: 
 Know ye, that I, A. B., of, &c., for the consideration of 
 dollars, received to my fuU satisfaction, of 0. D., of, &c., do grant, 
 bargain, sell and confirm, unto the said C. D., his heirs, and assigns, 
 all, [description/'] To have and to hold the above granted and bar- 
 gained premises, with the appurtenances thereof, unto the said 0. 
 D., his heirs and assigns, to his and their own proper use and behoof 
 forever. And I do, for myself and my heirs, executors and adminis- 
 trators, covenant with the said C. D., his heirs and assigns, that at 
 and until the ensealing of these presents, I am well seized of the pre- 
 mises, as of a good and indefeasible estate in fee simple, and have 
 good right to bargain and sell the same, in manner and form afore- 
 said; and that the same is free from aU. incumbrance whatsoever. 
 And further, I do by these presents bind myself and my heirs, to 
 warrant and forever defend the above granted and bargained pre- 
 
CONVEYANCES BY DEED AND MORTGAGE. 157 
 
 mises, unto the said C. D., his heirs and assigns, against all claims 
 and demands whatsoever. 
 
 In witness whereof I have hereunto set my hand and seal, the 
 day of , in the year one thousand eight hundred 
 
 and 
 
 Sealed, &c., [as in § 308.] 
 
 § 312. Warrantj/ Deed. 
 
 This indenture, made the day of , in the year one 
 
 thousand eight himdred and , between A. B., of, dec, of the 
 
 first part, and C. D., o:^ <fec., of the second part, witnesseth : That 
 the said party of the first part, for and ia consideration of the sum 
 of doEars, lawful money of the United States, to liim m hand 
 
 paid by the said party of the second part, at or before the ensealing 
 and delivery of these presents, the receipt whereof is hereby acknow- 
 ledged, hath, granted, bargained, sold, 'aliened, remised, released, con- 
 veyed and confirmed, and by these presents doth grant, bargain, sell, 
 alien, remise, release, convey and confirm, unto the said party of the 
 second part, and to his heirs and assigns, forever, all [description ;'\ 
 together with aU and singular the tenements, hereditaments and ap- 
 purtenances, thereunto belonging, or in any wise appertaining, and 
 the reversion and reversions, remainder and remainders, rents, issues, 
 and profits thereof : And also, all the estate, right, title, interest, 
 [insert here, dower and right of dower, if necessary,^ property, pos- 
 session, claim and demand, whatsoever, as well in law as in equity, 
 of the said party of the first part, o^ in, or to, the above described 
 premises, and every part and parcel thereof with the appm^nances :* 
 To have and to hold all and singular the above mentioned and de- 
 scribed premises, together with the appurtenances, unto the said 
 party of the second pari^ his heirs and assigns, forever. And the 
 said A, B., for himself and his heirs, the said premises in the quiet 
 and peaceable possession of the said party of the second part, his 
 heirs, and assigns, against the said party of the first part, and his 
 heus, and against all and every person whomsoever, lawfully claim- 
 ing or to claim the same, shall and will warrant, and by these pre- 
 sents forever defend. 
 
 In witness, &c., [as in § 808.] 
 
 § 313. Full Covenant — Short Form. 
 This indenture, made the day of , one thoiisand eight 
 
 hundred and , between A. B., of, &c., of the first part, and 
 
 C. D., oi, (fee, of the second part, witnesseth: That the said party 
 of the first part, in consideration of the sum of dollars, to him 
 
 duly paid, hath sold, and by these presents doth grant and convey. 
 
158 NEW CLEEK'3 ASSISTANT. 
 
 to the said party of tlie second part, and his heirs and assigns, fo^ 
 ever, all [description jj together ■with the appurtenances, and all the 
 estate, tifle and interest, of the said party of the first part therein. 
 And the said A. B., for himself and his heirs, doth hereby coyenant 
 and agree, that at the dehrery hereof he is the lawful owner of the 
 premises above granted, and seized of a good and indefeasible estate 
 of inheritance therein, clear of aU incumbrance whatever, of every 
 name or nature ; and that he will warrant and defend the above pre- 
 mises, in the quiet and peaceable possession of the said party of the 
 second part, his heirs and assigns, forever. 
 In witness, &c., [as in § 308.] 
 
 § 314. Fidl Covenant Deed — the usual Form. 
 This indenture, ha., [as m § 312 to the *, and then addf\ To hav6 
 and to hold the above granted, bargained and described premises, 
 with the appurtenances, unto the said party of the second part, his 
 heirs and assigns, to his and then- own proper use, benefit and behoof, 
 forever. And the said A. B., for himself and his heirs, executors and 
 administrators, doth covenant, grant and agree, to and with the said 
 party of the second part, his heirs and assigns, that the said party 
 of the first part, at the time of the sealing and delivery of these 
 presents, is lawfully seized in his own right, \or, as the case may 6e,] 
 of a good, absolute, and indefeasible estate of inheritance, in fee sim- 
 ple, of and in, all and singular the above gTanted and described 
 premises, with the appurtenances, and hath good right, fuU power, 
 and lawful authority, to gTant, bargain, sell and convey the same, in 
 manner aforesaid: and that the said party of the second part, his 
 heirs and assigns, shall and may, at all times hereafter, peaceably 
 and quietly have, hold, use, occupy, possess and enjoy, the above 
 granted premises, and every part and parcel thereof, with the appui-- 
 tenances, without any let, suit, trouble, molestation, eviction, or dis- 
 turbance, of the said party of the first part, his heirs or assigns, oi 
 of any other person or persons lawfully claiming or to claim the same . 
 And that the same now are free, clear, discharged and unincumbered, 
 of and from all former and other grants, titles, charges, estates, judg- 
 ments, taxes, assignments and incumbrances, of what nature or kind 
 soever.* And, also, that the said party of the first part, and his 
 heirs, and all and every person or persons whomsoever, lawfully or 
 equitably deriving any estate, right, title, or interest, of, in, or to, the 
 herein granted premises, by, from, under, or in trust for, him or 
 '.hem, shall and will, at all time or times, hereafter, upon the reason- 
 able request, and at the proper costs and charges in the law of the 
 said party of the second part, his heirs and assigns, make, do and 
 execute, or cause to be made, done and executed, all and everj- such 
 further and other lawful and reasonable acts, conveyances and assu- 
 
CONTETANCES BY DEED AND MORTGAGE. 159 
 
 ranees, in the law, for the better and more effectually vesting and 
 confirming the premises hereby granted, or so intended to be, in and 
 lO 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, shajl be reasonably aflvised, de- 
 vised, or required: And the said A. B., for himseK and his heirs, the 
 above described and hereby granted and released premises, and 
 every part and parcel thereof with the appurtenances, unto the said 
 party of the second part, his heirs and assigns, against the said party 
 of the first part and his heirs, and against aU and every person and 
 persons whomsoever, lawfully claiming, or to claim the same, shall 
 and will warrant, and by these presents forever defend 
 In witness, &c., [as in § 308.] 
 
 § 315. Deed of Zand subject to Mortgage. 
 
 This indenture, &c., [as in § 312 to <Ae *, and then add:"] subject, 
 however, to the payments, conditions and agreements, specified and 
 contained in a certain indenture of mortgage, executed by the said 
 A. B., to E. F., on the day of , A. D. 18 , and recorded 
 
 in County Clerk's office, in book No. of mortgages, at 
 
 pages . , (fee, on the day of , A. D. 18 , at 
 
 o'clock A M. ; and which said mortgage was given for the purpose 
 of securing the payment of the sum of dollars, at the time 
 
 and in the manner therein specified, and upon which there is now 
 due and payable, [or, there is yet to become due and payable, on the 
 day of , 18 ,] the sum of dollars, with interest 
 
 from the day of ,18 : To have and to hold, &c., [as 
 
 in § Z\1 to the end; or cm m § 314; in the latter case, however, in- 
 sert after the * the words: except as aforesaid.] 
 
 In witness, (fee, [as in § 308.] 
 
 § 316. Corporation Deed. 
 
 This indenture, made the day of , in the year one thou- 
 
 sand eight hundred and , between the bank of , [or, the 
 
 insurance company,] of the first part, and C. D., of, Ac, [as 
 m § 312 to the *, and then add:] To have and to hold the above 
 granted, bargained, and described premises, with the appurtenances, 
 unto the said party of the second part, his heirs and assigns, to his 
 and their own proper use and benefit, forever. And the said bank 
 of , [or, ' insurance company,] the said premises, (fee, 
 
 [as in § 312 <o the end; or, doth covenant, grant, and agree, (fee, 
 as in § 314.] 
 
 In witness whereof the said party of the iirst part hath hereunto 
 caused their corporate seal to be affixed, and these presents to be sub 
 
160 NEW CLERK'S ASSISTAlsrT. 
 
 Ecribed by their president and cashier, [or, secretwy ; or, at the ecat 
 may 5e."| 
 
 Sealed and delivered, 1 N. B., [l. s.] 
 
 in presence of >• President of t?e Bank of 
 G. H. ♦ ) 
 
 § 317. Deed of Mortgaged Premises, on Foredosme hy 
 Advertisemeiii. 
 This indenture, made the day of , in the year of 
 
 our Lord one thousand eight hundred and , between C. D^ o^ 
 
 (fee, of the first part, and E. F., of, (fee, of the second part: Whereas, 
 A. B., by a certain indenture of mortgage, bearing date the 
 day of , one thousand eight hundred and , for the 
 
 consideration of the sum of dollars, did bargain, sell and con- 
 
 vey, unto C. D., his heirs and assigns, forever, all that certain piece 
 or parcel of land, hereinafter particularly described, with the appur- 
 tenances, subject to a proviso, in the said indenture of mortgage 
 containedj that the same should be void on the payment, by the said 
 C. D., his heirs, executors, administrators, or assigns, of the sum of 
 dollars, in the manner particularly specified in the condition 
 of a certain bond or obligation, bearing even date with the said inden- 
 ture of mortgage : with a special power in the said indenture of mort- 
 gage contained, authoriziag the said C. D., his heirs, executors, 
 administrators, or assigns, if default should be made in the payment 
 of the said sum of money mentioned in the condition of the said 
 bond or obligation, with the interest, or of any part thereof, to sell 
 and dispose of the mortgaged premises, or any part thereof at public 
 . auction; and to make and deUver to the purchaser, or purchasers, 
 thereof good and sufficient deed, or deeds, of conveyance in the law, 
 for the same, in fee simple : And, whereas, the said indenture of mort- 
 gage has been duly recorded according to law, as by the said indenture 
 of mortgage, and the record thereof, and of the power therein contain- 
 ed, reference being thereunto had, may more fully and at large ap- 
 pear: YV necessary, say: and the same hath been duly assigned to 
 the party of the first part, by the said C. D., as by the record of the 
 said assignment, (fee, as aSove;] And whereas, default having been 
 made in the payment of the money intended to be secured by the 
 said indenture of mortgage, the mortgaged premises hereinafter par- 
 ticularly described, were, on the day of , one thousand eight 
 hundred and , sold at public auction, to the said party of the 
 
 second part, for the sum of dollars, being the highest sum bid 
 
 for the same, public notice having Ijeen previously given of such sale, 
 by advertisement, inserted and published for twelve weeks, once in 
 each week, successively, in a public newspaper, entitled the , 
 
 printed in the town of , in the county in which the mortgaged 
 
CONYEYAKCES BY DEED AND MORTGAGE. 161 
 
 premises are situated, a copy of whicli advertisement was, foi twelve 
 weeks prior to the time therein specified for such sale, duly affiled on 
 the outward door of the court house in the town of , being the 
 
 building in which the county courts are directed to be held; and the 
 said party of the first part, having caused a copy of said printed 
 notice, or advertisement, to be duly served on all persons having any 
 claim upon the said premises, as required by the act passed May Yth, 
 1844. Now, therefore, this indenture witnesseth: that the party of 
 the first part, for and in consideration of the sum so bid, as aforesaid, 
 to him in hand paid by the said party of the second part, at the time 
 of the ensealing and delivery of these presents, the receipt whereof 
 is hereby acknowledged, hath granted, bargained, sold, aliened, re- 
 leased and confirmed, and by these presents doth grant, bargain, sell, 
 alien, release and confirm, imto the said party of the second parti 
 and to his heirs and assigns, forever, all [^description/] together with 
 aU and singular, the tenements, hereditaments, and appurtenances, 
 thereunto belon^ng, or in any wise appertaining, as the same is des 
 cribed and conveyed, in and by the said indenture of mortgage ; and 
 also, all the estate, right, title, interest, property, claim and demand, 
 whatsoever, both in law and equity, of the said A. B., as well as of 
 the said party of the first part, of, in and to, the above described 
 premises, with the appurtenances, as fuUy, to all intents and purposes, 
 as the said party of the first part hath power and authority to grant 
 and sell the same, by virtue of the said indenture of mortgage, and 
 of the statute in such case made and provided, or otherwise : To 
 have and to hold the said above mentioned and described premises, 
 with their and every of their appurtenances, imto the said party of 
 the second part, his heirs and assigns, to the sole and only proper 
 use, benefit and behoof, of the said party of the second part, his heirs 
 and assigns, forever. 
 
 In witness, <fec., [cls in § 308.] 
 
 § 318. Deed by Ouardian. 
 To aU persons to whom these presents shall come : E. R, of , 
 guardian of C. B. and E. B., minors, and children of A. B., late of 
 said , deceased, sends greeting: Whereas, by an order of 
 
 the Probate Court, holden at , within and for the county of 
 
 , on the day of , in the year , the said 
 
 E. F., in his capacity of guardian, as aforesaid, was empowered and 
 licensed to make sale of the whole of the said minors' interest, being 
 one undivided twelfth part each, in the real estate hereinafter de- 
 scribed; and whereas, the said E. F. having given the bond, and' 
 taken the oath by law required, before fixing on the time and place 
 of sale, and also given public notice of the said sale, by causing a no- 
 tification thereof to be inserted and printed weeks, successively 
 in the newspaper called , printed at , did, the 
 11 
 
162 HEW CLERK'S ASSISTANT. 
 
 day of , in the year , cause the said minors' interest to be 
 
 exposed for sale, pursuant to the said notice, at public vendue, on the 
 premises, and the same was then and there struck off to S. T., of, &c., 
 for the sum of dollars, he being the highest bidder therefor : 
 
 Now, know, ye that I, the said E. F., in my capacity of guardian, as 
 aforesaid, by Yirtue of the license aforesaid, and in consideration of the 
 sum of dollars, to me paid by S. T., aforesaid, (the receipt 
 
 whereof I hereby acknowledge,) do hereby gTant, bargain, sell and 
 convey, unto the said 8. T., his heirs and assigns, two imdivided 
 twelfth parts of a certain tract or parcel of land, situate in , 
 
 bounded and described as follows, viz : [description,'] being the shares 
 of the said minors therein, with all the privileges and appurtenances 
 thereunto belonging : To have and to hold the above granted pre- 
 mises, to him, the said S. T., his heirs and assigns forever. And I, 
 the said E. F., for myself, my executors and administrators, do cove- 
 nant with the said 8. T., his heirs and assigns, that in making the said 
 sale, 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 above 
 gTanted premises to the said S. T., his heirs and assigns, against the 
 lawful claims and demands of the said minors and their heirs, and aU 
 persons claiming the same by, through, or imder them, or either of 
 them. 
 
 In testimohy whereof, I, the said E. F., have, &c., [as in §311.] 
 
 8 319. Deed hy Administrator, Em/powered to sell hy Surrogate. 
 
 To all to whom these presents shall come : I, A. B'., of , 
 
 in the county of , in the State of , administrator of 
 
 the goods and estate which were of 0. D., late of , &c., 
 
 deceased, intestate, send greeting: Whereas, by an order of the Sur- 
 rogate of the county of , made at a Probate Court held at 
 
 , within the county of , on the day of 
 
 last past, I, the said A. B., was licensed and empowered to sell and 
 pass deeds, to convey the real estate of the said C. D., hereinafter 
 described; and whereas, I, the said A. B., having given public no 
 tice of the intended sale, by causing a notification thereof to be printed 
 and inserted weeks, successively, in the newspaper called the 
 , printed in , agreeably to the order and direction 
 
 of said court; and having given the bond and taken the oath, by law 
 in such cases required, previous to fixing upon the time and place of 
 sale, did, on the day of instant, pursuant to the license 
 
 and notice aforesaid, sell by public auction, the real estate of the said 
 C. D., hereinafter described, to E. F., of , in the county of 
 
 , for the sum of dollars, he being the highest bidder 
 
 therefor : Now, therefore, know ye, that I, the said A. B., by virtue 
 of the power and authority in me vested, as aforesaid, and in conside- 
 
COHTEYAlfCES BY DEED AND MORTGAGE. 163 
 
 ration of the aforesaid sum of dollars, to me paid by tne said 
 
 E. F., (the receipt whereof is hereby acknowledged,) do hereby 
 grant, bargain, sell and convey, unto the said E. R, his heirs and as- 
 signs, all \_description:^ To have and to hold the above granted pre- 
 mises, to Ihe said E. F., his hen's and assigns, to his and their use 
 and behoof, forever. And I, the said A. B., for myself, my heirs, 
 executors and administrators,' do hereby covenant with the said E. F., 
 his heirs and assigns, that in pursuance of the license aforesaid, I took 
 the oath and gave the bond, by law required, and gave public notice 
 of said sale, as above set forth. 
 
 In witness whereof, I, the said A. B., have, &c., [as in § 311.] 
 
 § 320. Executors' Deed, 
 This indenture, made the day of , in the year 
 
 , between E. F., of, &c., and L. M., of, &c., executors of the 
 last will and testament of A. B., deceased, late of the town of , 
 
 hi the county of , and State of , of the first part, 
 
 and C. D., of, &c., of the second part, witnesseth: That the said 
 parties of the first part, by virtue of the power and authority to them 
 given, in and by the said last will and testament, and for and in con- 
 sideration of the sum of dollars, lawful money of the United 
 States, to them in hand paid, at or before the ensealing and delivery 
 of these presents, by the said party of the second part, the receipt 
 whereof is hereby acknowledged, have granted, bargained, sold, 
 aliened, released, conveyed and confirmed, and by these presents do 
 grant, bargain, seD, alien, release, convey and confirm, imto the said 
 party of the second part, his heirs and assigns, forever, all [descrip- 
 tion :] Together with all and singular, the hereditaments and appur- 
 tenances, to the same belonging, or in any wise appertaining; and the 
 reversion and reversions, remainder and remainders, rents, issues, and 
 profits thereof: And also, all the estate, right, title, interest, claim 
 and demand, whatsoever, both in law and equity, which the said tes- 
 tator had in his lifetime, and at the time of his decease, and which 
 the said parties of the first part, or either of them, have, o^ hath, by 
 virtue of the said last will and testament, or otherwise, o^ in and to, 
 the same, and every part and parcel thereof, vrith the appurtenances : 
 To have and to hold the aforegranted premises, to him, the said C. 
 D., his heirs and assigns, to his and their use and behoof, forever. 
 And we, the said E. F. and L. M., do covenant with the said C. D., 
 his heirs and assigns, that we are lawfully the executors of the last 
 will and testament of the said A. B., and that we have not made or 
 suffered any incumbrance on the hereby granted premises, since we 
 were appointed executors of said A. B. ; and that we have in all res- 
 pects acted, in making this conveyance, in pursuance of the authority 
 granted to us, in and by the said last wiU and testament of the said 
 AB. 
 
164 2SEW CLERK'S ASSISTANT. 
 
 In testimony whereof, the said parties of the first part haye here- 
 unto set their hands and seals, &c., [as in § 308.] 
 
 § 321. Deed of Commissioners in Partition. 
 
 This indenture, made, &c., between A. B., C. D., and E. R, al? 
 of, &c., commissioners in partition, duly appointed as hereinafter men- 
 tioned, of the first part, arid L. M., of, &c., of the second part: 
 Whereas, S. T-, and K T., of, &c., in the town of , in the 
 
 year one thousand eight hundred and , did exhibit to the County 
 Court of the county of , a petition for- a division and partition 
 
 of certain premises therein mentioned, according to the respective 
 rights of the parties interested therein, and for a sale of such premises, 
 if it should appear that a partition thereof could not be made without 
 great prejudice to the owners, pursuant to the statute relating to the 
 partition of lands owned by several persons ; in which petition it was, 
 amongst other things, set forth, that the said petitioners, [state names 
 of parties and their respective interests, as in the petition i\ All 
 which, together with the respective interests of each of the said parties 
 in and to the said premises, will more fully appear from the said 
 petition, now on file in the office of the clerk of the said court ; and 
 whereas, such proceedings were thereupon had, in the said court, that 
 judgment was duly rendered, that partition of the said premises should 
 be made according to the several rights and interests of the said par- 
 ties : And thereupon, to make such partition, the parties of the first 
 part to these presents being qualified, were by the said court ap- 
 pointed commissioners : And whereas, such proceedings were after- 
 wards had in the said court upon the said petition, that the said com- 
 missioners, so appointed, as aforesaid, were, by a rule of said court, 
 ord'pred and directed to sell the said |)remises, with the appurtenances, 
 at pubhc auction, to the highest bidder; giving notice, according to 
 law, of the time and place of such sale; and that they should make 
 report thereof to the said court, as by the records of the said couri 
 does more fuUy and at large appear. And whereas, the said com- 
 missioners, pursuant to the said order and direction, after giving pub- 
 lic notice of the time and place of such sale, did, on the day 
 of , 18 , at the town of , in said county of , 
 expose to sale at public auction, all and singular liie said premises, 
 with the appurtenances ; at which sale the said premises, [or, a part 
 of the said premises,] as follows, viz : all [description^ were sold to 
 the said party of the second part, for the sum of dollars, that 
 being the highest sum bid for the same : And whereas, the proceed- 
 ings of the said commissioners in the premises were duly reported to 
 the said court, and the sale approved and confirmed, on the day 
 of , one thousand eight hundred and , as by the records 
 of the said court more fully appears ; and the said commissioners 
 
COISTEYAMCES BY DEED AND MORTGAGE. 165 
 
 t 
 
 were thereupon, by the said court, directed to execute to the said 
 party of the second part, a conveyance of said premises, pursuant to 
 the sale so made as aforesaid. Now this indenture witnesseth : that 
 the said parties of the first part, pursuant to the direction and 
 authority to them given, and for and in consideration of the sum of 
 money so bid as aforesaid, to them in hand paid by the said party of 
 the second part, at or before the ensealing and delivery of these 
 presents, the receipt whereof is hereby acknowledged, have bargained, 
 sold, aliened, conveyed and confirmed, and by these presents do bar- 
 gain, sell, alien, convey and confirm, unto the said party of the second 
 part, all the estate, right, title, interest, claim and demand, of the 
 said parties of the first part, and also all the right, title, interest, claim 
 and demand, of all and singular, the several and respective parties to 
 the proceedings in partition aforesaid, of, in and to, all and singular 
 the said premises above particularly described as purchased by the 
 said party of the second part; together with all and singular the 
 here&taments and appurtenances, to the same belonging, or in any 
 wise appertaining, and the reversion and reversions, remainder and 
 remainders, rents, issues, and profits thereof and of every part thereof: 
 To have and to hold the said above bargained premises, with the ap- 
 purtenances, and every part thereof, unto the said party of the 
 second part, his heirs and assigns, to his and their only proper use 
 and behoof, forever, in as fuU and ample a manner, as the said 
 parties of the first part ought to do, pursuant to the statute and the 
 authority as aforesaid. 
 
 In witness whereof, the said parties have hereunto interchangeably 
 set their hands and seals, the day and year first above written. 
 
 Sealed and deUvered, ^ . t. r 
 
 in presence of 
 G. H. 
 
 A. B. 
 
 h. B.' 
 
 C. D. 
 
 L. S.' 
 
 E. F. 
 
 'l. 8.\ 
 
 L. M. 
 
 'l. s.' 
 
 § 322. Deed with Trust Habendum, Clause. 
 
 This indenture, made, &c., [as in § 308, or § 312, to the *, and 
 then add:'\ To have and to hold all and singular the said hereinbe- 
 fore granted and described premises, with the appurtenances, unto 
 the said C. D., upon the trusts, nevertheless, and to and for the uses, 
 interests and purposes, hereinafter limited, described and declared ; 
 that is to say, upon trust to receive the issues, rents and profits, of 
 the said premises, and apply the same to the use of E. F., during the 
 term of his natural life, and, after the death of the said E. F., to 
 convey the same by deed, to G. H. in fee. 
 
 In witness, &c., \as in § 308.] A. B. [l. 8.] 
 
166 NEW CLERK'S ASSISTANT. 
 
 § 323. Deed hy Trustees of an Absconding Debtor. 
 
 To all to whom these presents shall come: We, A. B., C. D. and 
 E. F., of the cotmty of , and State of New York, Trustees of 
 
 the estate of G. H., an absconding debtor, late of , in the 
 
 said county, send greeting : 
 
 Whereas, by an order of J. P. H., Esquire, County Judge of said 
 county of , an attachment was issued against the estate, both 
 
 real and personal, of the said G. H., on the day of , 
 
 18 , directed to the Sheriflf of the said county of , who, 
 
 by virtue of the same, attached all the property, both real and per- 
 sonal, of the said G. H. in the county of ; and due notice of said 
 attachment having been pubhshed for the time, and in the manner, 
 required by the statute in such case made and provided, afterwards, 
 to wit, on the day of , 18 , by order of J. P. H., 
 Esquire, aforesaid, we, the said A. B., C. D. and E. P., were duly 
 appointed Trustees of the estate of the said G. H., and for all his 
 creditors, with such powers concerning the estate, real and personal, 
 of the said G. H., as are given by statute in case of an absconding 
 debtor : and we did on that day each of us take the oath required by 
 statute, for the faithful discharge of the trust reposed in us as Trus- 
 tees, and cause notice of our appointment to be published, according 
 to law: and whereas, we,, the said A. B., C. D. and E. P., having 
 given pubUc notice of the intended sale, by causing notice thereof to 
 be printed and inserted two weeks, successively, in the , a 
 newspaper printed in the said county of , and having caused 
 notice of the same to be posted up in four public places in said 
 county, we did, on the day of , 18 , pursuant to the 
 issuing of said attachment, the appointment and notice aforesaid, sell 
 by pubUc auction, the real estate of the said G. H., hereinafter de- 
 scribed, to L. M., of , for the sum of dollars ; he 
 being the highest bidder therefor, and that being the highest sum 
 bid for the same. 
 
 Now, therefore, know ye, that we, the said A. B., C. D. and E. P., 
 by virtue of the power and authority in us vested, as aforesaid, and 
 in consideration of the aforesaid sum of dollars to us paid 
 
 by the said L. M., the receipt whereof is hereby acknowledged, do 
 hereby grant, bargain, sell and convey, unto the said L. M., his 
 heirs and assigns, all the interest which the said G. H. had on the 
 day of 5 18 ) [insert the day on which the attachment 
 
 issued,] to all that certain piece or parcel of land, &c., [describe the 
 premises ;] To have and to hold the above granted and described 
 premises to the said L. M., his heirs and assigns, forever. 
 
 In testimony whereof, &o , [as in § 320.] 
 
CONVEYANCES BY DEED AND MORTGAGE. 167 
 
 § 334. Sheriff's Certificate of the Sale of Real Estate, on an 
 Execution. 
 Supreme Court, 
 
 A. B. 1 I, A. P., Sheriff of tlie county of , do 
 
 against > hereby certify, that by virtue of an execution in the 
 E. D. ) above cause, tested the day of , in the 
 
 year , by vrhich I was commanded to make, of the goods and 
 
 chattels of E. D., in my bailiwick, dollars, which A B. had 
 
 recovered against him in the said court, for his damages, which he 
 had sustained, as well by reason of the not performing certain pro- 
 mises, [or, for the detention of a certain debt; or, as the cause of 
 action may Se,] as for his costs and charges ; and if sufficient goods 
 and chattels could not be found, that then I should cause the said 
 damages to be made of the real estate which the said E. D. had, on 
 the day of , in the year , or at any time after- 
 
 wards, in whose hands soever the same might be ; as by the said 
 writ of execution, reference being thereunto had, more fuUy appears : 
 I have levied on, and this day sold, at public auction, according to 
 the statute in such case made and provided, to E. R, who was the 
 highest bidder, for the sum of doDars, which was the whole 
 
 consideration of such sale, the real estate described as follows, to 
 wit: all [description f\ And that the sale vriU become absolute at the 
 expiration of fifteen calendar months from this day, to wit, on the 
 day of , A. D. 18 , and E. F., or his assigns, be en- 
 
 titled to a conveyance, pursuant to law, unless the said lands shall be 
 redeemed. 
 
 Given under my hand, this first day of ,18 
 
 A P., Sheriff of the Coimty of 
 
 § 325. Affidavit to Entitle a Creditor to Redeem, to he Endorsed 
 on a Certified Copy of the Docket of his Judgment 
 State of New York, ) . 
 County, i 
 L. M„ [or, S. T., attorney, or, agent, of L. M.,] a judgment credi- 
 tor of C. D., named in the copy of the docket of judgment hereunto 
 annexed, being duly sworn, says, that the true sum due on said judg- 
 ment, at the time of claiming the tight to acquire the title of E. F., 
 the original purchaser at the Sheriff's sale of the real estate of C. 
 D., is dollars and cents. 
 
 Sworn to, this day of , ) L. M. 
 
 A D. 18 , before me, j 
 
 G. H., Justice of the Peace. 
 
168 NEW CLERK'S ASSISTANT. 
 
 § 326. Sheriff's Deed, where Land is Sold wider an Execution 
 This indenture, made, <fec., between A. P., Esquire, Sheriff, \or, 
 late Sheriff,] of the county of , of the first part, and E. R, of, 
 
 &c., of the second part: Whereas, by yirtue of a certain execution 
 issued out of and under the seal of the Supreme Court of the State 
 of New York, tested the day of , in the year 18 , at 
 
 the suit of A. B., plaintiff, against C. D., defendant, directed and de- 
 livered to the said Sheriff, commanding him that of the goods and 
 chattels of the said defendant, he should cause to be made certain 
 moneys, in the said writ specified, and if sufficient goods and chat- 
 tels could not be found, that then he should cause the amount so 
 specified to be made of the real estate which the said defendant had 
 on a day in the said writ mentioned, or at any time afterwards, in 
 whose hands soever the same might be, the said Sheriff did levy on 
 and seize, aU the estate, right, title and interest, which the said de- 
 fendant so had, of, in and to, the premises hereinafter conveyed and 
 described; and oh the day of , one thousand eight hun- 
 
 dred and , sold the said premises at public vendue, at the house 
 of ' , iu the town of , in the said county; having first 
 
 given public notice of the time and place of such sale, by advertis- 
 ing the same according to law ; at which sale the said premises were 
 struck off to E. R, for the sum of dollars, he being the highest 
 
 bidder, and that being the highest sum bidden for the same.* And 
 whereas, the said premises, after the expiration of fifteen months from 
 the time of said sale, remained unredeemed, and no creditor of the 
 said C. D. hath acquired the right and title of the said purchaser, 
 according to the statute in such case made and provided.* [If the 
 deed is given to a redeeming creditor, substitute the name of such cre- 
 ditor for E. F., as aforesaid, and instead of the words between the 
 two *s, say: And whereas, the said premises, after the expiration of 
 one year from the time of said sale, remained unredeemed, by any 
 person entitled to make such redemption within that time ; and where- 
 as, L. M., a creditor of the said C. D., having in his own name \or, 
 as assignee; or, representative; or, trustee] a judgment ia the Su- 
 preme Court, &c., against the said C. D., for the sum of dol- 
 lars, in an action of , rendered before the expiration of fifteen 
 months from the time of such sale, and which Is a hen and charge 
 on the premises so sold, hath acquired all the rights of the said E. R, 
 the original purchaser to said premises, within the time, and in the 
 manner and form prescribed by the statute ia such case made and 
 provided ; and no other creditor of the said C. D. hath acquired the 
 said rights from or against the said E. F.] Now this indenture wit- 
 nesseth : that the said party of the first part, by virtue of the said 
 writ, and in pursuance of the act in such case made and provided, 
 and m consideration of the sum of money so bidden as aforesaid, to 
 him duly paid, hath sold, and by these presents doth grant and con- 
 
CONTETANCES BT DEED AITO MORTGAGE. 160 
 
 vey, unto the said party of the second part, all the estate, right, titln 
 and interest, which the said defendant had on the said 
 day of , one thousand eight hundred and , or 
 
 at any time afterwards, of, in and to, all [description :'\ To have and 
 to hold the said above mentioned premises, unto the said party of the 
 second part, his heirs and assigns, forever, as fully and absolutely as 
 the saad party of the first part, as Sheriff aforesaid, can, or ought to, 
 by virtue of the said writ and the law relating thereto. 
 
 In witness whereof, the said Sheriff has, &c., [as in § 308.] 
 
 § 327. Sheriff's Deed in Partition, where Sale is Ordered.' 
 This indenture, made, &c., between A. P., Esquire, Sheriff of the 
 county of , in the State of New York, of the first part, and 
 
 C. D., of, (fee, of the second part: Whereas, in and by a certain de- 
 cree, made at a County Court held at the town of , in 
 and for said county, before J. P. H., Esquire, County Judge, on the 
 day of , one thousand eight hundred and , 
 in a certain cause there pending in the said court, between E. B., 
 complainant, and A. B., C. B., and D. B., defendants, it was, among 
 other things, ordered, adjudged and decreed,* that the said Sheriff 
 do seU, in such separate parcels as he shall deem most for the benefit 
 of the said parties, according to the rules and practice of the said 
 coxirt, and according to the statute in such case made and provided, 
 all and singular the several pieces or parcels of land and premises 
 therein mentioned, whereof partition is sought by the complainant's 
 biU of complaint filed in the above cause, at public auction, at the 
 town of , in the said county of , after giving six 
 week's previous notice of the time and place of such sale, in one of 
 the pubUc newspapers published in the said county of , and in 
 such other manner as required by law ; that the said Sheriff, after 
 such sale, make report thereof to the said com-t ; and after such re- 
 port of sale shall have been duly confirmed, and the said decree shall 
 have been enrolled, that the said Sheriff execute and deliver deeds 
 of conveyance for the said premises, La fee simple, to the purchasers 
 thereof, at the said sale ; and whereas, the said Sheriff, in pursuance 
 of said decree, and having given due notice of the time and place of 
 sale, agreeably to the said decree, did, on the day of , 
 A. D. 18 , sell at public auction, at the town of , afore- 
 said, the premises in the said decree mentioned; at which sale, the 
 premises hereinafter described, were struck off and sold, to the said 
 party of the second part, for the sum of dollars, that being 
 the highest sum bidden for the same ; and such sale having been 
 reported by the said Sheriff to the said court, and duly confirmed. 
 
 1 Sheriffs may sell any landa in their res- 
 
 Sective counties, ordered to be sold by a 
 eciee of any court of record, and give con- 
 veyances thereof, in the same manner, and 
 with lilce effect, as was formerly done by a 
 H 
 
 Master m Chancery, (LAWS of 1847, chap. 
 280, art. VI., § 77.) Tile Sheriff receives 
 his disbursements for printing, and fees for 
 selling. See, chapter XVIII. 
 
'■^O HEW CLERK'S ASSISTANT. 
 
 and the said decree having been also enrolled : Now this indi'nture 
 witnesseth : that the said Sherifif, lq order to cany into eflfeci the 
 sale so made by him, as aforesaid, in pursuance of the said decree, of 
 the said court, and in conformity to the statute in such case made and 
 provided, and also in consideration of the premises, and of the said 
 sum of money so bidden, as aforesaid, being first duly paid to him by 
 the said party of the second part, the receipt whereof is hereby ack- 
 nowledged, hath granted, bargained, sold and conveyed, and by th (se 
 presents doth grant, bargain, sell and convey, unto the said party of 
 the second part, his heirs and assigns, forever, all [description:'] To 
 have and to hold all and singular the premises above mentioned and 
 described, and hereby conveyed, or intended to be, unto the said 
 party of the second part, his heirs and assigns, to his and their own 
 proper use, benefit and behoof, forever. 
 
 In witness whereof, the said Sheriff has, &c., [as in § 308.] 
 
 § 328. Sheriff's Deed on Foreclosure. 
 This indenture, &c. : [as in ^ Z2T to the *, and then add:] That 
 all and singular the mortgaged premises mentioned in the com- 
 plaint in said cause, and in said decree described, or so much thereof 
 as might be sufficient to raise the amount due to the coniplainant, for 
 principal, interest, and costs, in said cause, and which might be sold 
 separately, without material injury to the parties interested, be sold at 
 public auction; according to the course and practice of this court, and 
 under the direction of the said Sheriff, party of the first part; that 
 the said sale be made on the day of , then next, at 
 
 o'clock in the forenoon of that day, at the court house in the 
 town of , in the county of , aforesaid; that the said ' 
 
 Sheriff give public notice of the time and place of such sale, accord- 
 ing to the course and practice of said court, and that any of the par- 
 ties in said cause might become a purchaser, or purchasers, on such 
 sale ; that the said Sheriff execute to the purchaser, or purchasers, of 
 the said mortgaged premises, or such part or parts thereof as should 
 be sold, a good and sufficient deed, or deeds, of conveyance, for the 
 same ; and whereas the said Sheriff, in pursuance of the order and 
 decree of the said court, did, on the said day of , 
 
 A. D. 18 , sell at public auction, at the court house in the town of 
 , aforesaid, the premises in the said order mentioned, due 
 notice of the time and place of such sale being first given, agreeably 
 to the said order ; at which sale, the premises hereinafter described 
 were struck off to the said party of the second part, for the simi of 
 doUars, that bemg the highest sum bidden for the same. 
 Now this indenture witnesseth: [a« in. § 327 io the end? 
 
CONTEYANCES BT DEED AND MORTGAGE. 171 
 
 § 329. Deed of Right of Way. 
 
 This indenture, made, (fee, between A. B., of, (fee, .of the firsv 
 part, and C. D., of, (fee, of the second part : Whereas the said- party 
 of the second part hath this day granted, sold, and conveyed unto the 
 said party of the first part, his heirs and assigns, by warranty deed, 
 executed by the party of the second part to the party of the first part, 
 and bearing even date herewith, a certain piece or parcel of land, 
 described in said deed, as follows, to wit: all [description :'\ And 
 whereas the said party of the second part is stiU owned and possessed 
 of certain lands lying in the rear of the above described premises : 
 Now, therefore, this indenture witnesseth : that the said party of the 
 first part, in consideration* of the gTant, sale, and conveyance, as 
 aforesaid, and* of the sum of dollars, to him in hand paid by 
 
 the said party of the second part, the receipt whereof is hereby ack- 
 nowledged, doth hereby gTant, bargain, sell, and confirm, unto the 
 said party of the second part, and to his heirs and assigns, forever, a 
 right of way in and over a certain strip of land on the east side of 
 the dwelling house on the above described premises, conveyed to the 
 party of the first part, as aforesaid, for the said party of lie second 
 part, his heirs and assigns, and his and their servants and tenants, at 
 aJl times freely to pass and repass, on foot, or with horses, oxen, cat- 
 tle, beasts of burden, wagons, carts, sleighs, or other vehicle or car- 
 riage whatsoever, from the highway to the lands of the said party of 
 the second part, as aforesaid, and from the said lands of the party of 
 the second part to the highway, as aforesaid, the said certain strip of 
 land being of the width of two rods, and running from the south 
 boundary of the premises above conveyed to the party of the first 
 part, to the said lands belonging to the pai-ty of the second part, 
 situate in the rear thereof, and the said way is, and shall be, forever, 
 of the dimensions of the said strip of land, as aforesaid: To have and 
 to hold the said easement and privilege to the said party of the second 
 part, his heirs and assigns, forever, as appurtenances belonging to 
 his and their lands, as aforesai(L [If necessary, insert covenants of 
 seizin, warranty, <&c^ 
 
 In witness, (fee, [as in § 308.] ' 
 
 § 330. Deed of a Water Gowse. 
 
 This indenture, made, <fee, between A. B., of, (fee, of the first pan, 
 
 and C. D., o^ (fee, of the second part : Whereas the said parties, at 
 
 the time of the sealing and dehvery of these presents, are respectively 
 
 seized in fee, of and in two contiguous tracts, pieces, or parcels, of 
 
 X Tf the right of way is ^^ated fora money 1 line, to IndentMre, in the tenth line ; anX alBo| 
 consideration solely, omjt the words In the those between the two 's. 
 foregoing form, from WhtreoB. in the second i 
 
172 MEW CLERK'S ASSISTANT. 
 
 land, with the appurtenances, in the town of , aforesaid", and 
 
 whereas there is a dam and race, or water course, erected and made 
 in and upon a certain stream of water known as , within the 
 
 land of the said party of the &st part, for the purpose of furnishing 
 water for a flouring mill, erected on the land of the said party of the 
 first part, and owned by him : Now, therefore, this indenture witness- 
 eth ; that the party of the first part, for and in consideration of the 
 sum of dollars, to him in hand paid by the pai-ty of the second 
 
 part, 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 party of the second part, his heirs and 
 assigns, all the water of the said stream of water, which may or can 
 be led and conveyed from the easterly side of the said dam, in a race, 
 or flume, to be constructed at the cost, charge, and expense of the 
 party of the second part, four feet ui width, and four feet in depth, 
 measuring from the surface of the embankment forming the said 
 dam : To have and to hold all and singular the said easement, &c., 
 [ns m § 329.] 
 
 § 331. Deed of Confirmation. 
 
 This indenture, made, &c., between A. B., of, &c., of the first part^ 
 and C. D., of, &c., of the second part: Whereas, by a certain deed 
 of bargain and sale, bearing date on or about the, &c., and made 
 between C. B. and A. B., of the one part, and the said C. D. of the 
 other part, for the consideration of dollars, the premises 
 
 therein mentioned and hereinafter intended to be released and con- 
 firmed, are thereby granted and conveyed, or intended so to be, unto 
 and to the use of the said C. D., his heirs and assigns, forever; as by 
 the said indenture of bargain and sale, relation being thereunto had, 
 may more fuUy appear. And whereas, the said A. B., at the time of 
 the date and makijag the said in part recited indenture of bargain 
 and sale, was not of the age of twenty-one years, but hath since 
 attained to such age, and hath this day, and before the execution of 
 these presents, duly sealed and delivered the ssdd in part recited in- 
 denture of bargain and sale : JSTow this indenture witnesseth : that, as 
 well in the performance of a covenant for further assurance in the 
 said indenture of bargain and sale contained, as also for and in con- 
 sideration of the suin of dollars, to him, the said A. B., 
 in hand paid by the said C. D., the receipt whereof the said A. B.' 
 doth hereby acknowledge, he, the said A. B., hath remised, released, 
 aliened and quit-claimed, and by these presents doth absolutely re- 
 mise, release, alien and forever quit-claim and confirm, unto the said 
 C. D., in his actual possession now being, by virtue of the before 
 mentioned indenture of bargain and sale, and to his heirs and assigns, 
 
CONYEYANCES BT DEED AND MORTGAGli. 173 
 
 aU Idescription:] To have and to hold the above mentioned premises 
 CO the use of the said C. D., his heirs and assigns, forever. {^Insert 
 suck covenants as may be necessary.'^ 
 In witness, <fec., [as in § 308.] 
 
 § 332. Confirmation of Deed ly JSndorsememt. 
 
 Be it known, that the within' mdenture was executed by A. B., 
 therein named, while imder the age of twenty-one years, who has 
 now attained his fuU age of twenty-one years ; and that the said A. 
 B. has, on this day of , sealed and delivered this 
 
 present indenture as his own act and deed. 
 
 In witness whereof, the said A. B. has hereunto set his hand and 
 seal, the day and .year above written. 
 
 Sealed, &c., [as in § 808.] 
 
 § 333. Conveyance by Lease and Release} 
 
 [lease.] ' 
 
 This indenture, made, &c., between A. B., of, (fee, of the first pan, 
 and C. D., of, &c., of the second part, witnesseth: That the said A. 
 B., for and in consideration of the sum of one doUar, to him in hand 
 paid by the said C. D., at or before the ensealing and delivery of 
 these presents, the receipt whereof is hereby acknowledged, hath 
 granted, bargained and sold, and by these presents doth grant, bar- 
 gain and sell, unto the said C. D., his executors, administrators and 
 assigns, all, [description^ and the reversion and reversions, remainder 
 and remainders, rents, issues and profits, of aU and singular the said 
 premises, and every part and parcel thereof, with the appurtenances : 
 To have and to hold the said lands, hereditaments and premises, above , 
 granted, bargained and sold, and every part and parcel thereof with 
 the appurtenances, unto the said C. D., his executors, administrators 
 and assigns, from the day before the day of the date hereof, for and 
 during, and untU, the fuU end and term of one whole year, from 
 thenceforth next ensuing, and fully to be completed and ended, 
 yielding and paying therefor, at the expiration of the said year, one 
 farthing, if the same shall be lawfully demanded ; to the intent that, 
 by virtue of these presents, and by force of the statute made foi *he 
 transferring of uses into possession, he, the said C. D., may be in the 
 actual possession of all and singular the said premises above bar- 
 gained and sold, with the appurtenances, and be thereby enabled to 
 
 ^ The lease should precede the release, and should be dated the day before the latter. 
 Any corenants that may be required, can be inserted before the in teolimonium clause ip 
 the release. 
 
174 NEW CLERK'S ASSISTANT. 
 
 taie, and accept of, a grant and release of the reversion and inheri- 
 tdnce thereof, to him and his heirs, to, for and upon, such uses, in- 
 tents and purposes, as in and by the said grant, or release, shall be 
 thereof directed or declared. 
 In witness, &c., [as in § 308.] 
 
 [be LEASE.] 
 
 This indenture, made, &c., betwen A. B., of, &c., of the first part, 
 and 0. D., of, &o., of the second part, witnesseth : That the said A. 
 B., for and in consideration of the sum of dollars, to him, 
 
 the said A. B., in hand paid, at or before the ensealing and delivery 
 of these presents, the receipt whereof he, the said A. B., doth hereby 
 acknowledge, hath granted, bargained, aliened, released and con- 
 firmed, and by these presents doth grant, bargain, alien, release and 
 confirm, unto the said C. D., (in his actual possession now being, by 
 virtue of a bargain and sale to him thereof made, for one whole year, 
 by indenture bearing date the day next before the ensealing of these 
 presents, and by force of the statute made for transferring uses into* 
 possession,) and to his heirs and assigns, all [description,J and the 
 reversion and reversions, remainder and remainders, rents, issues 
 and profits, of all and singular the said premises, and every part and 
 parcel thereof, with the appxirtenances ; and also, aU the estate, right, 
 title, interest, property, claim and demand, whatsoever, in law or 
 equity, of him, the said A. B., of, in and to, all and singular the said 
 premises above mentioned, and of, in and to, every part and parcel 
 thereof, with the appurtenances : To have and to hold all and singular 
 the said premises above, in and by these presents, released and con- 
 firmed, and every part and parcel thereof, with the appurtenances, 
 unto the said 0. D., his heirs and assigns, to his and their only proper 
 use and behoof, forever; [or, to and for such uses, intents, and par- 
 poses as are hereinafter mentioned, to wit; &c.] 
 
 In witness, &c., [as in § 308.] 
 
 § 334. Deed of Exchange of Lands. 
 
 This indenture, made, &c., between A. B., of, &c., of the first part, 
 and C. D., of, &c., of the second part, witnesseth : That the said A. 
 B. hath given and granted, and by these presents doth give and 
 grant, unto the said C. D., his heirs and assigns, all [description,'] 
 with all and every oJr the appurtenances, in exchange of and for the 
 lands hereinafter mentioned, of the said C. D. : To have and to hold 
 the saad premises, with the appurtenances, to the said C. D., his 
 heirs and assigns, forever. And the said A. B. doth covenant, &c. 
 [Insert such covenants as may be necessary.] And the said 0. D. 
 hath likewise, on his part, given and granted, and by these presents 
 
CONVEYANCES BY DEED AND MORTGAGE. 175 
 
 doth give and grant, unto the said A. B., his heirs and assigns, all 
 [description,^ with all and every of the appurtenances, in exchange 
 of and for the premises first above described : To have and to hold 
 the above gTanted premises, with the appurtenances, to the said A- 
 B., his heirs and assigns, forever, as aforesaid. And the said C. D. 
 doth covenant, &c., [as above.^ 
 
 In witness whereof, the said parties have hereunto set •their hands 
 and seals, &c., [as in § 308.] 
 
 § 335. Deed of a Pew in a Chwch. 
 
 Know all men by these presents : That we, A. B., C. D.; E. F., 
 &c., &c., the Trustees of the First Methodist Episcopal Society of 
 the town of , in the coimty of , and State of , [or, 
 
 as the corporate style, or title, of the chwch may ie,] in considera- 
 tion of the sum of dollars, to us in hand paid, by L. M. of, &c., 
 the receipt whereof is hereby acknowledged, do hereby sell and con- 
 vey unto the said L. M., a certain pew, being number , situate m 
 . the church occupied by the said First Methodist Episcopal Society of 
 the town of , [or, situate in the church on street, in the 
 city of, ■ , aforesaid, occupied, &c. :] To have and to hold the 
 same imto the said C. D., his heirs, executors, administrators and 
 assigns, forever; subject to all habilities and incumbrances now 
 legally existing, and to such taxes and assessments as may from time 
 to time be laid thereon ; provided, however, that no alteration shall 
 be made in said pew, nor shall the same be sold or transferred, by 
 deed of sale, or mortgage, without the written consent of the trustees 
 of said society, [or as the title of the officers may be,'] for the time 
 being ; and further, that if, at any time, there shall be owing from 
 said pew, a sum equal to one year's taxes, this conveyance shall 
 be wholly void, and aU the right, title and interest, of the said L. M., 
 his heirs, executors, administrators and assigns, in and to the said 
 pew, shall revert to the said society, [or, church.] 
 
 In witness whereof, we have hereunto set our hands, and the cor- 
 porate seal of said society, [or, church] this day of , 
 A. D., 18 . 
 
 Sealed and delivered, ) A. B. 1 rj, , 
 
 in presence of J C. D. >• ^ , [l. s.] 
 
 G. H. &c.,<fec., ) °*'®*'' 
 
 § 336. Mortgage} 
 This indenture, made the day of , in the year of our 
 
 Lord one thousand eight hundred and , between A. B., of, 
 
 1 A mortgage given for. the purchase 1 liens, founded on any demand against the 
 money of the premises therein described, or mortgagor or his assigns, whether precedeat 
 Any part thereof, lias priority over all other | or subsequent to such mortgage. 
 
176 
 
 ISTEW CLERK'S ASSISTANT. 
 
 &c„ of the first part, and 0. D., of, &c., of the second part, witness 
 eth : That the said party of the first part, for and in consideration of 
 the sum of dollars, doth grant, bargain, sell and confirm, unto 
 
 the said party of the second part, and to his heirs and assigns, all 
 [description ;~\ together with all and smgular the hereditaments and 
 appurtenances, thereunto belonging, or in any wise appertaining. 
 This conveyance is intended as a mortgage, to secure the payment 
 of the sum of dollars, iu three years from the day of the date 
 
 of these presents, with annual interest, according to the condition of 
 a certain bond, dated this day, and executed by the said A. B. to the 
 said party of the second part; and these presents shall be void if 
 such payment be made. But in case default shaU be made in the 
 payment of the principal, or interest, as above provided, then the 
 party of the second part, his executors, administrators and assigns, 
 are hereby empowered to sell the premises above described, with all 
 and every of the appurtenances, or any part thereof, in the manner 
 prescribed by law ; and out of the money arising from such sale, to 
 retain the said 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 party of 
 the first part, his heirs or assigns.* 
 In witaess, &c., [as in § 308.] 
 
 § 337. Mortgage for Part of Purchase Money. 
 This indenture, &c., \as in § 336 to, and, including, the descrip- 
 tion, and then addf\ being the same premises this day conveyed to 
 the said A. B., by the said C. D., and E., his wife : and these pre- 
 sents are given to secure the payment of part of the consideration 
 money of the said premises; together with, &c., \as in § 336 to trie 
 end.^ 
 
 § 388. Mortgage, with Covenant for Payment. 
 This indenture, &c., [as in § 336 to the *, and then add:'\ And 
 , the said party of the first part, for himself, his heirs, executors, and 
 adnunistrators, doth covenant and agree, to pay unto the party of the 
 second part, his executors, administrators, or assigns, the 'said sum of 
 money and interest, as above mentioned, and expressed in the condi- 
 tion of the said bond. [If there be no bond accompanying the mort- 
 gage, the reference to it herein, and in § 336, may be omitted.^ 
 In witness, (fee, [as in § 308.] 
 
 § 339. Mortgage, with Fire Clause. 
 This indenture, (fee, [as in § 336 to the * and including the 
 covenant in § 338, if necessary, and then add:'\ And it is also 
 
CONVEYANOES BY DEED AND MORTGAGE. 177 
 
 Rgreed, by and between the parties to these presents, that the party 
 of the first part shall and ■wifl keep the buildings erected, and to be 
 erected, upon the lands above conveyed, insured against loss by fire, 
 and assign the policy, and certificates thereof, to the said party of the 
 second part, his executors, administrators, or assigns ; and in default 
 thereof, it shall be lawful for the said party of the second part, his 
 executors, administrators, and assigns, 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 of the said 
 bond, or obligation, and secured by these presents. 
 In witness, &c., [as in § 308.] 
 
 § 340. Mortgage, with Interest Clause. 
 
 This indenture, &c., [as in § 336, to the words: "But in case 
 default," and instead thereof, continue as follows:^ And if default 
 shall be made in the payment of the said sum of money above men- 
 tioned, or of any part thereof, or if the interest that may grow due 
 thereon, or of any part thereof, shall remain due and unpaid at the 
 expiration of sixty days after the same shall become due and payable, 
 according to the condition of the said bond, that then, and from 
 thenceforth, it shall be lawful for the said party of the second part, 
 his executors, administrators, and assigns, to consider the whole of the 
 principal sum, as aforesaid, as immediately due and payable, and to 
 enter into and upon all and singular the premises hereby granted, or 
 intended so to be, and to sell arid dispose of the same, and all benefit 
 and equity of redemption of the said party of the first part, his heirs, 
 executors, administrators, or assigns, therein, at public auction, accord- 
 ing to law : And as the attorney of the said party of the first part, 
 for that purpose by these presents duly authorized, constituted, and 
 appointed, to make and deliver to the purchaser or purchasers thereof 
 a good and sufficient deed or deeds of conveyance in the law, for the 
 same, in fee simple ; and out of the money arising from such sale, to 
 retain the principal and interest which shall then be due and owing 
 on said bond or obligation, together with the costs and charges of the 
 sale of the said premises, rendering the overplus of said purchase 
 money, if any there shall be, unto the said party of the first part, his 
 heirs, executors, administrators, or assigns; which sale, so to be 
 made, shall forever be a perpetual bar, both in law and equity, against 
 the said party of the first part, his heirs and assig-ns, and all other 
 persons claiming, or to claim, the premises, or any part thereof, by, 
 from, or under him, them, or either of them. [Add insurance clause, 
 if necessary.] 
 
 In witness, &c., [a^ in § 308. 
 
 12 • 
 
I'^'S KEW CLERK'S ASSISTAKT. 
 
 § 341. Mortgage by Husband and. Wife. 
 This indenture, made, (fee, between A. B., and M. his wife, of, 
 (fee, of the first part, and 0. D., of, &c., of the second part, witness- 
 eth : That the party of the first part, for and in consideration of the 
 sum of doUars, to them in hand paid, the receipt whereof is 
 
 hereby acknowledged, have bargained, sold, aliened, released, con- 
 veyed, and confirmed, and by these presents do bargain, sell, alien, 
 release, convey, and confirm imto the said party of the second part, 
 his heirs and assigns, forever, all ^descrvption;^ together with the 
 tenements, hereditaments, and appurtenances thereunto belonging, or 
 in any wise appertaining; and also all the estate, right, title, interest, 
 dower, and right of dower, property, possession, claim, and demand 
 whatsoever, of the said party of the first part, of, ia, and to the same, 
 and the reversion and reversions, remainder and remainders, rents, 
 issues, and profits thereof: To have and to hold the herein before 
 granted, bargained, and described premises, with the appurtenances, 
 unto the said party of the second part, his heirs and assigns, to his 
 and their own proper use, benefit and behoof, forever. This convey 
 ance is intended as a mortgage to secure the payment of the sum of 
 dollars, ia five years from the day of the date hereof with 
 semi-annual interest, payable on the second day of January and the 
 first day of July in each and every year, according to the condition of 
 a certain bond, bearing even date herewith, executed by the said A. 
 B to the said party of the second part ; and these presents shall be 
 void if such payment be made. But in case default shall be made in 
 the payment of the principal, or interest, as above provided, then the 
 party of the second part, his executors, administrators, and assigns, are 
 hereby empowered to sell the premises above described, with all and 
 every of the appurtenances, or any part thereof, in the manner pre- 
 scribed by law, and out of the money arising from such sale, to retain 
 the said 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 party of the first part, 
 their heirs or assigns. And the said A. B., for himself, his heirs, 
 executors, and administrators, doth covenant and agree to pay unto 
 the said party of the second part, his executors, administrators, or 
 assigns, the said sum of money and interest, as above mentioned, and 
 as expressed in the condition of the said bond. \Add inswrance 
 clause, if necessary i\ 
 
 In witness whereof, the said party of the first part have hereunto 
 set their hands and seals, the day and year first above written. 
 
 Sealed, <fec., [as in § 308.] A. B. [l. s.] 
 
 M. B. [l. s.] 
 
CONVEYANCES BY DEED AND MORTGAGE. 179 
 
 § 342. Mortgage hy Corporation. 
 This indenture, made, (fee, between A. B., E, R, L. M., <fec., the 
 iVustees of the first society of the church, in the town of, 
 
 he, of the first part, and E. R, of, &c., of the second part, witnesseth, 
 &c., [ew in § 336, to the words " according to the condition of a 
 jertain bond," and instead thereof continue as follows :] according to 
 the condition of a certain bond bearing even date herewith, executed 
 by the said party of the first part, to the said party of the second 
 part ; and the said Trustees of the first society of the 
 church, in, &c., for themselves and their successors, do covenant and 
 agree to pay, imto the said party of the second part, his executors, 
 administrators, or assigns, the said sum of money, and interest, as 
 above mentioned, and as expressed in the condition of the said bond ; 
 and if default shall be made in the payment of the said sum of 
 money as above mentioned, or the interest that may grow due thereon, 
 or of any part of either the said principal or interest, that then, and 
 from thenceforth, it shall be lawful for the said party of the second 
 part, his executors, administrators and assigns, to enter into and upon, 
 all and singular the premises hereby granted, or intended so to be, 
 and to sell and dispose of the same, and all benefit and equity of re- 
 demption of the said party of the first part, their successors, or assigns, 
 therein, at public auction, according to the act in such case made 
 and provided : And as the attorney of the said party of the first part, 
 for diat purpose by these presents duly authorized, constituted and 
 appointed, to make and deliver to the purchaser or purchasers thereof, 
 a good and sufficient deed, or deeds of conveyance, in the law, for thfe 
 same, in fee simple ; 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 the sale of 
 the said premises, rendering the overplus of the purchase money (if 
 any there shall be) unto the said party of the first part, their succes- 
 sors or assigns ; which sale, so to be made, shall forever be a per- 
 petual bar, both in law and equity, against the said party of the first 
 part, their successors and assigns, and against all other persons claim- 
 ing, or to claim, the premises, or any paxt thereof, by, from, or under 
 them, or any of them. [Add insurance clause if necessary.^ 
 
 In witness whereof, the said parties of the first part have hereunto 
 set their hands and afilixed their corporate seal, the day and year 
 first above written. 
 
 Sealed, &c., [asin% 308.1 
 
 A.B., -) 
 
 E. R, I Trustees r , 
 
 L.M., rof,&c., '■^*J 
 
 &C., &C., J 
 
180 
 
 NEW CLERK'S ASSISTANT. 
 
 § 343. Mortgage to Corporation. 
 
 This indenture, made, &c., between A. B., of, (fee, of the first part, 
 and the Trustees of the village of , &c., \or, the Mayor 
 
 Alderman and Commonalty, of the city of , &c.,] of the 
 
 second part,-witnesseth: That the said party of the first paort, for and 
 in consideration of the sum of dollars, to him in hand paid 
 
 by the said party of the second part, the receipt whereof is hereby 
 acknowledged, hath granted, bargained, sold, aliened, released, con- 
 veyed and confirmed, and by these presents doth grant, bargain, sell, 
 alien, release, convey and confirm, unto the said party of the second 
 part, their, successors and assigns, forever, all [description f\ together 
 with the tenements, hereditaments and appiu-tenances, thereunto be- 
 longing, or in any wise appertaining ; and also, all the estate, right, 
 title, interest, property, possession, claim and demand, whatsoever, of 
 the said party of the first part, of, in and to, the same ; and the re- 
 version and reversions, remainder and remainders, rents, issues and 
 profits thereof: To have and to hold the hereinbefore granted and de- 
 scribed premises, with the appurtenances, unto the said party of the 
 second part, their successors and assigns, to their only proper use, 
 benefit and behoof, forever. This conveyance is intended as a mort- 
 gage, to secure the payment of the sum of dollars, in manner 
 following, to wit : &c.; according to the condition of a certain bond 
 bearing even date herewith, executed by the said party of the first 
 part to the party of the second part, and these presents shall be void 
 if such payment be made. But in case default shall be made in the 
 payment of the principal or interest aforesaid, as above provided, then 
 the party of the second part, their successors and assigns, &c., \as in 
 § 330, to the *, and then add .•] And the said party of the first part 
 doth covenant, promise and agree, to and with the said party of the 
 second part, their successors and assigns, that he, the said party of 
 the first part, shall and will, well and truly pay to the said party of 
 the second part, their successors and assigns, the said sum of money 
 with the interest thereon, at the time, and in the manner, hereinbe 
 fore mentioned, according to the condition of the said bond. 
 
 In witness, &c., \as in § 308.] 
 
 § 344. Mortgage on Note. 
 This indenture, made, &c., [as in § 336 to, and indmlmg, the ik-^- 
 cription, and then add:^ This conveyance is intended as a mortgwcd, 
 io secure the payment of a certain promissory note, now held by '.lie 
 party of the second part, given by the party of the first part, fo. the 
 sum of dollars, dated the day of last past, and 
 
 payable to L. M., or bearer, one year fi-om the date thereof, vnvi, use ; 
 and if the amount of the said note, principal and interest, 8u;iU be 
 paid at maturity, then these presents shall become void, and che' es- 
 tate hereby granted shall cease and utterly determine ; but if default 
 
CONVEYANCES BY DEED AND MORTGAGE. 181 
 
 shall be made in the payment of the said sum of money, or the in- 
 terest, or of any part thereof, at the time herein before specified for 
 *he payment thereof, the said party of the first part, in such case, 
 loth hereby authorize, and fuEy empower the said party of the 
 second part, his heirs, executors, administrators and assigns, to sell 
 the said hereby granted premises at public auction, and convey the 
 same to the purchaser, in fee simple, agreeably to the act in such 
 case made and provided, and out of the money arising from such 
 sale, to retain the principal and interest which shall then be due on 
 the said note, together with all costs and charges, and pay the over- 
 plus (if any) to the said party of the first part, his heirs, executors, 
 administrators, or assigns. 
 
 In witness, &c., [as in § 308.] 
 
 § 345. Mortgage to Seowre Endorser. 
 
 This indenture, made, &c., \as in § 336 to, and including, the des- 
 cription, and then addf\ Whereas the said party of the second part, 
 at the request, and for the benefit and behoof of the said party of 
 the first part, hath, on the day of the date hereof, endorsed a certain 
 promissory note, made by the said party of the first part, for the sum 
 of dollars, beaiing even date herewith, and payable ninety 
 
 days after date, to the order of G. H., at the Bank: Now, 
 
 therefore, tliis conveyance is intended to secure the party of the 
 second part for all principal and interest money, costs, charges 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 the said 
 note, at maturity ; and if the amount of the said note, principal and 
 interest, shall be paid by the party of the first part, at maturity, then 
 these presents shall become void, and the estate hereby granted shall 
 cease and utterly determine : but if default shall be made by the said 
 party of the first part in the payment of the said sum of money, or 
 the interest, or of any part thereof, at the time herein before specified, 
 and the same be paid by or collected of the party of the second part, 
 the said party of the first part doth hereby authorize and empower 
 the party of the second part, his heirs, executors, administrators 
 and assigns, to sell the said premises hereby granted, at public auc- 
 tion, and convey the same to the purchaser, in fee simple, agreeably 
 to the act in such case made and provided, and out of the money 
 aiising fi-om such sale, to retain such sum, or sums, of money, as 
 may have been paid by or collected of the said party of the second 
 part, as above mentioned, together with all costs and charges, and 
 pay the overplus (if any) to the said party of the first part, his heirs, 
 executors, administrators, or assigns. 
 
 In witness, &c., [as in § 308.] 
 
182 NEW CLERK'S ASSISTANT 
 
 § 346. Mortgage to Sxecutors. 
 This indenture, made, &c., between A. B., of, &c., of the first 
 part, and L. M., and S. T., both of, (fee, executors of the last -will 
 and testament of E. F., deceased, of the second part, witnessetht 
 That the said party of the first part, for and in consideration of the 
 sum of dollars, to hiTn in hand paid by the party of the second 
 
 part, at or before the ensealing and delivery of these presents, the re- 
 ceipt whereof is hereby acknowledged, hath granted, bargained, sold, 
 aliened, released, conveyed and confirmed, and by these presents 
 doth grant, bargain, sell, alien, release, convey and confirm, unto the 
 said party of the second part, and the survivors and survivor, and 
 his and their assigns, forever, all [description:] together with all and. 
 singular the tenements, hereditaments and appurtenances, thereunto 
 belonging, or in any wise appertaining, and the reversion and rever- 
 sions, remainder and remainders, rents, issue», and profits thereof: 
 and also, all the estate, right, title, interest, property, possession 
 claim and demand whatsoever, as well in law as in equity, of the 
 said 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 premises, with the appurte- 
 nances, unto the said party of the second part, the survivors and 
 survivor, and his and tiieir assigns, to their only proper use, benefit 
 and behoof, forever. This conveyance is intended as a mortgage to 
 secure the payment of the sum of dollars, in manner follow- 
 
 ing, to wit : (fee, according to the condition of a certain bond, bearing 
 even date herewith, executed by the said party of the first part to 
 the party of the second part ; and these presents shall be void if such 
 payment be made. And the said party of the first part, for himself 
 and his heirs, executors and administrators, doth covenant and agree 
 to pay unto the said party of the second part, and the survivors and 
 survivor, or Lis or their assigns, the said sum of money, and interest, 
 as above mentioned, and as expressed in the condition of the said 
 bond; and if default shall be made in the payment of the said sum 
 of money above mentioned, or the interest that may grow due there- 
 on, or of any part thereof, that then, and from thenceforth, it shall be 
 lawful for the said party of the second part, the survivors or survi- 
 vor, and his or their assigns, to enter into and upon aU and singular, 
 the premises hereby granted, or intended so to be, and to sell and 
 dispose of the same, and all benefit and equity of redemption of the 
 said party of the first part, his heirs, executors, administrators or as- 
 signs, therein, at public auction, according to the act in such case 
 made and provided : And as the attorney, or attorneys, of the said 
 party of the first part, for that purpose by these presents duly au- 
 thorized, constituted and appointed, to make and deliver to the pur- 
 chaser or purchasers thereof, a good and sufficient deed, or deeds, of 
 conveyance in the law, for the same, in fee simple : and out of the 
 
CONVEYANCES BY DEED AND MOETGAGE. 183 
 
 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 premises, 
 rendering the overplus of the purchase money, (if' any there shall 
 be,) unto the said party of the &st part, his heirs, executors, admin- 
 istrators, or assigns ; which sale, so to be made, shall forever be a 
 perpetual bar both in law and in equity, against the said party of the 
 first part, his heirs and assigns, and all other persons claiming, or to 
 claim, the premises, or any part thereof, by, from or tmder, him, 
 them, or any of them. [Add insurance clause, if necessary.J 
 In witness, (fee, [as in § 308.] 
 
 § 347. Mortgage on Lease, hy an Assignee. 
 This indenture, made, <feo., between A. B., of, &c., of the fii-st 
 part, and C. D., of, &c., of the second part : Whereas, E. F. did, by 
 a certain indenture of lease bearing date the day of , 
 
 in the year one thousand eight himdred and , demise, release, 
 
 and to farm let, unto G. H., and to his executors, administrators and 
 assigns, aU-and singular the premises hereinafter mentioned and de- 
 scribed, together with the appurtenances, for and during and until 
 the fuU end and term of years, from the day of , 
 
 in the year 18 , and fully to be complete and ended, yielding and 
 pajnng therefor, unto the said E. F., and to his executors, or assigns, 
 the yearly rent or smn of dollars ; which said indenture of 
 
 lease and term of years therein mentioned and demised, have been 
 duly assigned to the said A. B. And whereas, the said party of the 
 first part is justly indebted unto the said party of the second part, in 
 the sum of dollars, secured to be paid by his certain bond or 
 
 obligation, bearing even date with these presents, in the penal sum 
 of dollars, lawful money, as aforesaid, conditioned for the 
 
 payment of the said first mentioned sum, with interest : Now this in- 
 denture witnesseth, that the said party of the first part, for the bet- 
 ter securing the payment of the said sum of money mentioned in the 
 condition of the said bond, or obligation, with interest thereon, accord- 
 ing to the true intent and meaning thereof, and also for and in con- 
 sideration of the sum of dollars to him in hand paid by the said 
 party of the second part, at or before the ensealing and delivery of 
 these presents, the receipt whereof is hereby ac£iowledged, hath 
 gi-anted, bargained, sold, assigned, transferred and set over, and by 
 these presents doth grant, bargain, sell, assign, transfer and set over, 
 unto the said party of the second part, all [description;^ with all and 
 singular the privileges and appurtenances thereunto belonging, or in 
 any wise appertaimng ; and also all the estate, right, titie, interest, 
 term of years to come and unexpired, property, possession, claim and 
 demand whatsoever, as well in law as in equity, of the said party of 
 the first part, of, in and to, the said demised premises, and every part 
 
i84 NEW CIxEEK'S ASSISTANl. 
 
 and parcel thereof with the appurtenances ; and also, the said inden- 
 ture of lease, and every clause, article and condition, therein expressed 
 and contained: To have and to hold the said indenture of lease, and 
 other hereby granted premises, unto the said party of the second 
 part, his executors, administrators and assigns, to his and their only 
 proper use, benefit and behoof, for and during all the rest, residue 
 and remainder, of the said term of years yet to come and unexpired ; 
 subject, nevertheless, to the rents, covenants, provisions and condi- 
 tions in the said indenture of lease mentioned : Provided always, 
 tliat these presents are upon this express condition, that if the party 
 of the first part shall well and truly pay unto the said party 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 
 manner mentioned in the said condition, according to the true intent 
 and meaning thereof that then and from thenceforth these presents, 
 and the estate hereby granted, shall cease, determine, and be utterly 
 nuU and void ; any thing herein before contained to the contrary in 
 any wise notwithstanding. And the said party of the first part doth 
 hereby covenant, grant, promise and agree, to and with the said 
 party of the second part» that he will well and truly pay unto the 
 said party of the second part, the sum of money mentioned in the 
 condition of the said bond, or obligation, and the interest thereon, 
 according to the condition thereof; and that the. said premises hereby 
 conveyed now are free and clear of all incumbrance whatsoever, and 
 that he hath good right and lawful authority to convey the same, in 
 manner and form as the same are hereby conveyed : And if default 
 shall be made in the payment of the ^aid sum of money above 
 mentioned, or in the interest which shall accrue thereon, or of any 
 part of either, then, and from thenceforth, it shall be lawful for the 
 said party of the second part, and his assigns, to sell, transfer and 
 set over, all the rest, residue, and remaining term of years, then yet 
 to come, and all other the right, title and interest, of the said party 
 of the first part, of, in and to, the same, at public auction, according 
 to law; and as the attorney, &c., [as in § 346, to the end-l 
 
 § 348. Notice of Sale, on Foreclosure of Mortgage by Advertise- 
 ment. 
 
 MORTGAGE SALE. 
 
 Default has been made in the payment of the sum of dol- 
 
 lars and cents, which is claimed to be due at the date of this 
 
 notice, on a certain mortgage bearing date j;he day of , 
 
 18 , executed by A. B. and Mary his wife, of the town of , 
 
 in the c«ounty of , and State of , to C. D., of the same 
 
 place, [or, as the fad may 6e,] and recorded in the office of the 
 Clerk of the county of , m book number 75 of mortgajjea. 
 
CONTETANCES BY DEED AND MORTGAGE. 185 
 
 page 300, <fec., on the day of , A. D., 18 , at 
 
 twelve o'clock, meridian: \If the mortgage is foreclosed hy an 
 assignee, insert here: which said mortgage has been duly assigned to 
 the subscriber:] 
 
 Now, therefore, notice is hereby given, that, in pursuance of a 
 power of sale contained in said mortgage, and of the statute in such 
 case made and provided, the premises described in and covered by 
 said mortgage, to wit: "all, &c., [give description of the premises ;^ 
 wiU be sold at public auction, at the court house, [or, at the house 
 of O. P.] in the city [or, town] of , in the county of , 
 
 on the day of , next, at ten o'clock in the forenoon. 
 
 Dated the day of ,18 . [The date should he 
 
 that of the Jirst publication of the notice.^ C. D., Mortgagee, 
 
 [or. Assignee.] 
 
 § 349. Affidavit of Publication of the Notice. 
 w York, ' 
 County, 
 
 State of New York, [ ^^ . 
 
 E. R, of said county, being duly sworn, 
 [Attach here a says, that he is, and, during the whole time 
 printed copy of hereinafter mentioned, has been, the publisher 
 the notice of and proprietor, [or, foreman," in the, publish- 
 sale.\ ing ofi&ce,] of the Gazette, a newspaper 
 
 printed and published in the county of , 
 
 aforesaid ; and that the annexed printed notice of sale was inserted 
 and published in the said newspaper twelve weeks, successively, at 
 least once in each week ; the said publication commencing on the 
 day of 18 , and terminating on the day of 
 
 18 . . E. F. 
 
 Sworn to, before me, this ) 
 day of , 18 . J 
 
 G. IL, Justice of the Peace. 
 
 § 350. Affidavit of Affixing Notice of Sale on the Outward Door 
 
 of the Court House? 
 State of New York, ) . 
 County, J 
 
 C. D., of said county, being duly sworn 
 
 [Attaxih here a says, that on the day of ,18 , 
 
 printed copy of he affixed a notice of which the annexed 
 
 the notice of printed notice is a just and true copy, on the 
 
 sale^ outward door of the building where the 
 
 county courts are directed to be held in the 
 
 county of , aforesaid. C. D. 
 
 Sworn, (fee, [as in § 349.] 
 
 ^ The affidavit of publication may also be made fay the principal clerk of the publisher, 
 a Where the printer, or the person serving the notice of sale, affixes the notice, the sub- 
 itance of this ai&davit may bo incorporated in the affidavit of publication, or of service. 
 
^86 loiw CLERK'S ASSISTANT. 
 
 § 351. Affidavit of Serving copy of Notice of Sale, on Person 
 having a Men or Incmnhrance. 
 Stateof NewYork, ) gg. 
 County, ) 
 
 M. B., of said county, being duly sworn, 
 [Attach here a says, that on the day of ,18 , 
 
 printed copy of he did personally serve A. B., E. F., and G. 
 the notice of H., &c., with a notice of sale of which the 
 saleJ] annexed printed notice is a copy, by deliver- 
 
 ing a just and true copy of said notice to each 
 of them individually; \or, he did serve A. B., with a notice of salfe, 
 of which the annexed printed notice is a copy, by delivering a just 
 and true copy of said notice to the wife,, [or, daughter, aged eighteen 
 years, or thereabouts,] of the said A. B., at his dwelling house, he 
 being at the time absent therefrom; or, he did serve A. B., &c., &c., 
 with a notice of sale, of which the annexed printed notice is a copy, 
 by depositmg a just and true copy of said notice in the post oflSce in 
 , properly folded and directed to each one of thein, at his 
 place of residence.] M. B. 
 
 Sworn, (fee, [as in § 349.] 
 
 § 352. Affidavit of the Auctioneer} 
 State of New York, ) 
 County, J 
 I G. H., of said county, being duly sworn, 
 
 [Attach here a says, that he sold the premises described in 
 printed copy of the annexed printed notice, at public auction, 
 the notice of at the time and place of sale therein men- 
 safe] tioned, to wit : on the day of , 
 18 , at ten o'clock in the forenoon, at the 
 court house, [or, house of 0. P.] in the city [or, town] of , 
 in the county of , aforesaid ; and tiiat C. D. then and there 
 purchased the same, for the price of dollars; he being the 
 highest bidder, and that being the highest sum bidden for the same. 
 And this deponent further saith, that said sale was made in the 
 day time, and, in aU respects, honestly, fairly, and legally conducted, 
 according to his best knowledge and belief; and, also, that the said 
 C. D. purchased the said premises fairly and in good faith, as he 
 verily believes. G. H. 
 Sworn, &c., [as in § 349.] 
 
 1 The party foreclosing the mortgage may I the form of a deed on the sala of mortgag«d 
 t as auctioneer, if he chooses to do so. For | premises, see § 317, ante. 
 
CONVEYANCES BY DEED AND MORTGAGE. 187 
 
 § 353. Notice to accompany Copy of Notice of Sale served on Par- 
 ties having any Lien or Incumbrance on the Mortgaged 
 Premises. 
 Sir: Take notice, that the above is a copy of a notice that the 
 mortgage therein mentioned ■will be foreclosed by a sale of the 
 mortgaged premises, pursuant to the statute in such case made and 
 provided, at the time and place therein specified. 
 Dated , the day of , 18 . 
 
 C D., Mortgagor, 
 [or, Assignee."! 
 
CHAPTER Xin. 
 COEONEES. 
 
 PRACTICAL REMARKS. 
 
 1. One Coroner in the city and county of New York, and four 
 Coroners in eacli of the other counties in the State, are chosen at 
 general elections held therein, to serve for three years.' 
 
 2. Whenever the Sheriff of a county is a party to a suit,^ all pro- 
 cess in such suit, except when otherwise provided by law, must be 
 executed by the Coroner, who has the same authority, and is subject 
 to the same provisions and UabiKties, prescribed in respect to Sheriffs 
 in similar cases. If the Sheriff, on being arrested by a Coroner, re- 
 fuses or neglects to give bail; or if he is arrested on an execution 
 against the body, or on attachment ; the Coroner is required to con- 
 fine him in some house within the liberties of the jail of the county ; 
 which house thereupon becomes the jail of the county, for the use 
 of the Coroner, and the latter is hable for any escape, and may take 
 bonds for the liberties, in the same manner as the Sheriff in other 
 cases." 
 
 3. Where the Coroner arrests a person, at the suit of the Sheriff, 
 he may confine the prisoner in the common jail of the county, but he 
 wiU not be liable for any escape therefrom. The bond for tiie liber- 
 ties, in such cases, must be given to the Coroner, who then becomes 
 liable for the escape of the prisoner.^ 
 
 4. Whenever a Coroner receives notice that any person has been 
 slain, or has suddenly died, or has been dangeroudy wotmded, it is 
 his duty to go to the place where such person shall be, and forthwith 
 summon not less than nine, nor more than fifteen persons* qualified 
 by law to serve as jurors, and not exempt from such service, to ap- 
 pear before him forthwith, at such place as he shall appoint, to make 
 inquisition concerning such death or wounding. Whenever six, or 
 
 1 Amended Conslitution of New York, I > 2 R. S. (3d ed.,) 538, 639, S5 lOit-116 , 
 ArUi., 4 is Laws of 1847, Chan. 240. Id., 621, S 67. 
 
 I S2R. S. (3d ed..) 639. 640, 5^117-120. 
 
CORONERS- 189 
 
 more, of tlie jury appear, they are to be sworn \)j tte Coroner. He 
 has the power to issue subpoenas for witnesses, returnable forthwith, 
 or at such time and place as he shall appoint; and it is his duty to 
 cause some surgeon, or physician, to be subpoenaed to appear as a 
 witness on the inquest Witnesses duly subpoenaed are liable to the 
 same penalties, and their attendance may be enforced in the same 
 manner, as in Justices' courts.* 
 
 5. The jury, upon the inspection of the person dead or wounded, 
 and after hearing thp testimony, are to deliver to the Coroner their 
 inquisition in writing, signed by them ; in which they must state all 
 the circumstances attending such death or wounding, and who were 
 guilty thereof, either as principal or accessory, and in what manner. 
 If the jury find that any murder, manslaughter, or assault, has been 
 committed, the Coroner is required to bind over the witnesses to ap- 
 pear at the next criminal court to be held in the county, at which an 
 mdictment can be found ; and he has the power to issue process for 
 the apprehension of persons charged with any such offences, and to 
 examine them, in the same manner as Justices of the Peace. The 
 testimony of all witnesses examined before a Coroner, is to be re- 
 duced to writing, and returned by him, with the inquisition, and all 
 recognizances and examinations taken by him, to the next criminal 
 court of record held in the county." 
 
 6. In case of the absence, or inability to attend, from sickness or 
 any other cause, of the Coroner of the city and county of New 
 York, any Alderman, or special Justice, of the city, may perform any 
 duty appertaining to the office of such Coroner, in regard to the 
 holding of inquests.' 
 
 v. No Coroner can hold an inquest in any state prison, upon the 
 body of any deceased convict, unless requested so to do by the agent, 
 physician, or chaplain of the prison ; or by any of the state prison 
 inspectors. It is the duty of every agent, however, to call a Coroner, 
 in all cases of the death of a convict other than from ordinary sick- 
 ness.* 
 
 8. The Coroners of the several coimties of this State are required 
 to deUver over to the respective County Treasures, all moneys, or 
 other valuable things, found with or upon the bodies of deceased 
 persons; or when inquests are held, if the same be unclaimed by 
 the legal representatives of such person or persons, within sixty days 
 after holding such inquest Before auditing and allowing the ac- 
 counts of the Coroners,, the Supervisors of the county are to require 
 from them respectively, a statement in writing, verified by oath, or 
 affirmation, of all money or other valuable things, found, as afore- 
 said, and of the disposition of the same." 
 
 3R. S. Oded.) 827, §§ 1^4; Laws of 
 1847, chap. 118. 
 
 a 2 R. S. (3d ed.) 827, 828, §§ 5-8 ; 24 
 Wondell, 620. 
 
 3 2R. S. (3ded.) 828,69. 
 
 4 2R. S. (3ded.) 859,5100. 
 " Laws of 1842, chap. 165. 
 
190 ' NEW CLERK'S ASSISTANT. 
 
 FORMS. 
 
 § 354. Oath to he Administered to the Foreman of a Coroner's 
 
 Jury. 
 
 You do swear that you will well and truly inquire tow, and in 
 what manner, and when and where, the person lying here, [or, as 
 the case may Se,] came to his death, \or, was wounded,] and who 
 sueh person was, and into aU the circumstances attending siich 
 death, \or, woimding,] and by whom the same was produced, and 
 that you will make a true inquisition thereof according to the evi- 
 dence offered to you, or arising from the inspection of the body. 
 So help you God. 
 
 § 355. Oath of other Jurors. 
 The same oath which A. B., the foreman of this inquest, hath on 
 his part taken, you, and each of you, do now take, and shall well 
 and truly observe and keep, on your parts. So help you God. 
 
 § 356. Oath of Witness on Coroner's Inquest. 
 The evidence you shall give upon this inquest, touching the death 
 of C. D., [or, the person whose body has been viewed,] shall be the 
 truth, the whole truth, and nothing but the truth. So help you God. 
 
 § 357. Inquisition of Murder. 
 State of New York, ) ^^ . 
 County, j 
 An inquisition taken for the people of the State of New York, at 
 the house of R F., in the town of , in said county of 
 
 on the day of , A. D., 18 , before me, G. H., 
 
 one of the Coroners in and for said county, upon the view of the 
 body of C. D., [or, a person unknown,] then and there lying dead, 
 upon the oaths of A. R, E. F., L. M., &c. &c., good and lawful men 
 of the said county, who, being duly sworn to inquire, on the part of 
 the people of the State of New York, into all the circumstances 
 attending the death of the said C. D., [or, person imknown,] and by 
 whoia the same was produced; and in what manner; and when and 
 where the said C. D. [or, person unknown] came to his death, do 
 say, upon their oaths, as aforesaid, that* one 0. P., of [or, late of] 
 the town of , in the county of , aforesaid, [or, as 
 
 the case may be,] on the day of , in the year 18 , 
 
 at o'clock in the afternoon of that day, with force and arms, 
 
 did, at , , in the county of , aforesaid, then and 
 
CORONEBS- 191 
 
 there, felonioiisly, Tiolentiy, and of his malice aforethought, make an 
 assault in and upon the body of the aforesaid C. D., [or, person vtn- 
 known,] then and there present; and that the aforesaid 0. P„ then 
 and there, with a certain sword made of iron and steel, [or, with a 
 certain instrument made of, &c., to them imknown ; or, as the case 
 may 6e,] which he, the said 0. P., then and there held in his right 
 hand, Tiolently, feloniously, and of his malice aforethought, inflicted 
 a mortal wound, [or, wounds] upon the left breast [or, as the case 
 may 6e] of the said C. D., of which said mortal wounds the said C. 
 D., then and there instantly, [or, on the day of, &c.,] died; 
 
 and so the said jurors do say that the said 0. P. did then and there 
 feloniously Mil and murder the said C. D., against the peace of the 
 people of this State, and their dignity. 
 
 [If necessary, add: And the said jurors further say, upon their 
 oaths, as aforesaid, that C. P., of, &c., and K. M., of, (fee, were felo- 
 niously present with loaded pistols, [or, drawn swords; or, as the 
 case may 6e,] at the time of the felony and murder aforesaid, in form 
 aforesaid committed, that is to say, on the day of , 
 
 18 , aforesaid, at the town of , aforesaid, in the said 
 
 county of , at o'clock in the afternoon of that day ; 
 
 and that the said C. P., and R M., did then and there comfort, aid 
 and abet, the said 0. P., in doing and committing the felony and 
 murder aforesaid, in the manner aforesaid, against the peace of the 
 people of this State, and their dignity.] 
 
 In witness whereof, as well the said Coroner, as the jurors, afore- 
 said, have to this inquisition set their hands and seals, on the day of 
 the date of this inquisition, as aforesaid. 
 
 G. H., Coroner. 
 
 L. 8. 
 
 A. B. 
 
 L. B. 
 
 E. F. 
 
 "l. S. 
 
 L. M. 
 
 "l. S. 
 
 &c. &c. 
 
 § 358. Inquisition where Murderer is Unhnown. 
 State of New York, ) 
 Coimty, ) 
 
 An inquisition, &c. ; [as m § 357 to the *, and then continue as 
 follows/] a certain person- tmknown, on the day of, &c., [as 
 
 in § 357, to the end, substituting " certain person unknown " for "0. 
 P.," in all cases; and, if necessary, add the following: And the 
 said jurors, upon their oaths aforesaid, further say, that the said cer- 
 tain person unknown, who committed the felony and murder afore- 
 said, after he had committed the same, in manner aforesaid, did flee 
 away to parts unknown, against the peace of the people of this 
 State, and their dignity.] 
 
 In witness, &c., [as in § 367.] 
 
92 NEW CLERK'S ASSISTANT. 
 
 § o59. Inquisition on a Person who has Committed Suidde. 
 
 State of New York, ) g. 
 County, j 
 
 An inquisition, &o. ; [as in § 357, to the *, and then continue as 
 follows i'\ the said C. D. [or, person unknown] did, on the 
 day of ,18 , at the town of , in said county of 
 
 , voluntarily, and of his own malice aforethought, infliet a 
 mortal wound, [or, wounds,] in and upon the body of him, the said 
 0. D., [or, person imknown," of which said mortal wounds the said 
 C. D., [or, person unknown/] then and there instantly died ; [or, as 
 the case may be;'] and so the jurors aforesaid, upon their oaths afore- 
 said, say that the said C. D., [or, person unknown,] did, then and 
 there, in manner aforesaid, and at the place aforesaid, voluntarily, and 
 of his own malice aforethought, kill and murder himself, the said C. 
 D., [or, person unknown,] against the peace of the people of this 
 State, and their dignity. 
 
 In witness, &c., [as ire § 357.] 
 
 § 360. Inquisition where One has been WilfwLly Poisoned. 
 
 State of New York, ) 
 County, j 
 An inquisition, &c., [as in § 357, to the *, and then continue as 
 follows:] one O. P., of, <fec., [or, late o£ (fee.,] on, &c., at o'clock 
 in the forenoon of that day, with force and arms, did, at in 
 
 the county of , aforesaid, then and there feloniously, wfllfidly, 
 
 and of his malice aforethought, mix and mingle a certain quantity of 
 white arsenic, the said 0. P. then and there knowing the said white 
 arsenic to be a deadly poison, in a certain quantity of coffee, [or, as 
 the case may be;] and the said 0. P., afterwards, to wit: on the same 
 day and year last aforesaid, at the time and place last aforesaid, con- 
 triving and intending the said C. D. [or, person unknown,] with 
 poison feloniously to kiU and murder, did, feloniously, wilfidly,.and 
 of his malice aforethought, offer and give the poison aforesaid, so 
 mixed and mingled as aforesaid, to him, the said C. D., [or, person 
 unknown,] to take, drink and swallow ; and that the said C. D., [or, 
 person unknown,] not knowing the poison aforesaid to have been 
 mixed and mingled as aforesaid, afterwards, to wit : on the same day 
 and year last aforesaid, and at the time and place last aforesaid, by 
 the procurement and persuasion of the said 0. P., did take, drink 
 and swallow the said poison, so as aforesaid mixed and mingled by 
 the said 0. P. ; and thereupon the said C. D., [or, person unknown,] 
 by reason of the taking, drinking, and swallowing, the poison as afore- 
 said, became then and there sick, and distressed in liis body ; and the 
 said, C. D., [or, person unknown,] on the day of , 18 , 
 
CORONERS. 193 
 
 did die of the poison aforesaid, given and taken as aforesaid, and of 
 the sickness and distemper thereby occasioned ; and so the said jurors 
 say, that the said 0. P. did feloniously, wilfully, and of his malice 
 aforethought, and in the manner, and by the means aforesaid, poison, 
 kill and murder, the said C. D., \or, person unknown,] against the 
 peace of the people of this State, and their dignity. 
 In witness, &c., [as in § 357.] 
 
 § 361. Inquisiiion where One Poisons Himself 
 State of New York, ) 
 
 County, \^'- 
 
 An inquisition, &c., [as in § 357, io the *, and then continue as 
 follows ;] the said 0. D., [or, person unknown,] on the day 
 
 of, &o., at, &c., in the county aforesaid; did voluntarily, [or, when 
 in a deranged state of mind,] mix and mingle a certain quantity of 
 white arsenic, the said 0. D. then and there knowing the said white 
 arsenic to be a deadly poison, [or, through mistake, the said 0. D. 
 not knowing that the said white arsenic was a deadly poison,] in a 
 certain quantity of coffee, [or, as the case may he /] and the said C. 
 D. did then and there, at the time and place aforesaid, drink and 
 swallow the poison aforesaid, so as aforesaid mixed and mingled, 
 whereby and by reason of which, he became sick and distressed in 
 his body ; and the said 0. D., on the day of > 18 , did die 
 
 of the poison aforesaid, so taken as aforesaid, and of the sickness and 
 distemper thereby occasioned: And so the jurors aforesaid, upon their 
 oaths aforesaid, say that the said C. D. did voluntarily, [or, when in 
 a deranged state of mind ; or, through mistake,] kill himself in man- 
 ner and form as aforesaid. 
 
 In witness, &c., [as in § 357.] 
 
 § 362. Inquisition where One Drowns Himself. 
 State of New York, ) 
 
 County, ) ®*' 
 An inquisition, &c., [as in § 357, to the *, and then continue as 
 follows ;] the said C. D., [or, person unknown,] on the day of , 
 &c., at, &c., in the county aforesaid, voluntarily, and of his own 
 malice aforethought, drowned himself in the river, sitpate in , 
 
 the town of , aforesaid : and so the jurors aforesaid, upon their 
 
 oaths aforesaid, say that, &c., [as in § 361, to the end.] 
 
194 SEW CLERK'S ASSISTANT. 
 
 § 363. Ifiguisition where One is Drowned by Accident. 
 State of New York, ) . 
 Couniy, j 
 An inquisition, &c., [as in § 357, to the *, and then contimie as 
 follows:^ the said C. D., [or, person imknown,] on the day of, 
 
 &c., at, (fee, m the comity aforesaid, went into the river, 
 
 situate in the town of , aforesaid, to bathe, and then and there 
 
 casually, accidentally, and by misfortune, was suffocated and drowned 
 in the water of the said river, of which suffocating and drowning the 
 said 0. D., [or, person unknown, then and there died; and so the 
 jurors aforesaid, upon their oaths aforesaid, do say that the said C. 
 D., [or, person unknown,] in the manner and by the means afore- 
 said, casually, accidentally, and by misfortune, came to his death 
 and not otherwise. 
 
 In witness, &c., [(m in § 357.] 
 
 § 364. Inquisition on a Person who has Died a Natural Death. 
 State of New York, ) 
 County, j 
 
 An inquisition, &c., [as in § 357 to the *, and then contimie as 
 follows/] the said C. D., [or, person unknown,] on the day of, 
 
 &c., at, (fee, in the county aforesaid, was found lying dead on the 
 highway, near the house of A. B., in the town of , [or, as the 
 
 case may be:] and that he had no marks of violence appearing on his 
 body ; and so the said jurors, upon their oaths as aforesaid, do say 
 that the said C. D., [or, person unknown] died by the visitation of 
 God, in a natural way, and not otherwise. 
 
 In witness, Ac, [as in § 357.] 
 
 § 365. Inquisition on a Person Found Dead, with MarJcs of 
 Violence. 
 State of New York, \^, 
 County, J 
 An inquisition, (fee, [a« in § 357 to the *, and then continue as 
 follows:] the said C. D., [or, person unknown,] ofl,Afec.,. at, <fec., was 
 found lying dead on the highway, (fee, [or, as the. case »lay'5e.'] and 
 that the body of the said C. D., [or, person unknown,] when so 
 found, as aforesaid, appeared to have been stabbed twice, with some 
 sharp or pointed instrument, to the said jurors unkn(Jwn, in or near 
 the left breast thereof, and to have been bruised or beaten with clubs, 
 sticks, or the fists of some person, or persons, to the said jiu-ors un- 
 known ; and the said jurors, upon their oaths as aforesaid, do say that 
 the said C. D. [or, person unloiown] came to his death by the said 
 
COEONEES- 195 
 
 wounds and bruises, appearing on his body, as aforesaid, imd not 
 otherwise. 
 
 In witness, &c., [as in § 357.] 
 
 § 366. General Form of an Inquisition. 
 StateofNewYork, ) ^. 
 County, J 
 
 An inquisition iadented and taken, for the people of the State of 
 New York, at the house of R R, in the town of , in said 
 
 county of , on the day of , A. D. 18 , before 
 
 me, G. H., one qf the Coroners in and for said county, upon the view 
 of the body of a female infant, then and there lying dead, upon the 
 oaths of A B., E. R, L. M., &c., &c., good and lawful men of the 
 said county, who being duly sworn to inquire, on the part of the 
 people of the State of New York, into all the circumstances attending 
 the death of the said female infant, and by whom the same was pro- 
 duced, and in what manner, and when, and where, the said female 
 infant came to her death, do say, upon their oaths as aforesaid, that 
 the said female infant was found lying entirely naked and dead, in a 
 certain inclosure of A. B., in the town of , aforesaid, near 
 
 the public highway, known as the , on the day of 
 
 , &c. ; that the said female infant, when so found, as afore- 
 said, appeared, &c. ; [/lere state the appearance of the body, and 
 whether there were marks of violence, or otherwise;^ that the said 
 female infant was, at the time of hfer death, of the age of years, 
 or thereabouts, and that the parents or guardians of the said infant 
 are to the jurors unknown ; and so the jurors aforesaid, upon their 
 oaths as aforesaid, do say, that the said female infant came to her 
 death as aforesaid, &c. [^State the finding of the Jury as to the 
 cause of the death.^ 
 
 In witness, &c., [as in § 367.] 
 
 § 867. Inquisition on the Body of a Lunatic who has Killed 
 Himself. 
 State of New York, ) . 
 County, j 
 An inquisition, &c., \as in § 357 to the *, and then continue as 
 follows:"] the said C. D., [or, person imknown,] on, &c., at, &c., and 
 at the time of his death, was a lunatic, and a person of insane mind; 
 and that the said C. D. [or, person unknown] being a lunatic, and 
 a person of insane mind, as aforesaid, did, on, &c., at, &c., [state the 
 facts.'] 
 
 In witness, &c., [as tn § 357.] 
 
196 WEW CLERK'S ASSISTA'NT. 
 
 § 368. General Form of Warrant, to be issued hy the Got oner, 
 upon an Inquisition.' 
 
 County, ss: 
 To any Constable of the said County, [or, the SheriflF, Constables, 
 or other officers of the peace of the said County, whom these 
 may concern: or. To John Doe, a citizen of the said County,] 
 greeting: 
 Whereas, 0. P. is chargfed upon the inquisition of A. B., E. F., 
 L. M., (fee. (fee, good and lawful men of the said county, indented 
 and taken, upon their several oaths, before me, G. H., one of the 
 Coroners in and for said county, at the house of R. F., at, &c., on, 
 &c., with haying feloniously killed and murdered C. D., of, &c., on 
 the day of, &c., at, <fec. 
 
 You are, therefore, hereby commanded, in the name of the peo- 
 ple of the State of New York, forthwith to take the said O. P., and 
 bring him before me, to be dealt with according to law. Hereof fail 
 not at your peril. 
 
 Given under my hand, this day of , 18 . 
 
 G. H., Coroner. 
 
 § 369. Form of Examinations, dc, Taken be/ore the Coroner. 
 The People of the State of New York, 1 
 
 against > County, ss: 
 
 0. P. ) 
 
 Examination of witnesses, taken at the house of R. F., in the town 
 of , in said county, on the day of, <fec., before G. 
 
 H., one of the Coroners in and for the said county, in the matter of 
 a complaint made upon the oath of J. D. against O. P., for feloni- 
 ously killing and murdering C. D., on, (fee, at, (fee, [or, made against 
 0. P., of felony and murder, who is charged, upon the inquisition 
 of A. B., (fee. (fee, with having feloniously MUed and murdered C. D, 
 on the day of, (fee, at, (fee] [Insert the testimony of the 
 
 witnesses, in the same manner as in cases before Justices of the 
 Peacei\ 
 
 I do hereby certify, that the foregoing is a correct statement and 
 account of an examination taken by and before me, as above stated, 
 and of the testimony of the several witnesses produced, sworn and 
 exammed thereupon. 
 
 Given, <fec., [as in § 368.] 
 
 ' For different forms of warrants, Bubpoenas, reoognizanoes, &o., see Chapter XXV. 
 
CORONERS- 
 
 197 
 
 § 370. Examination before Coroner and Jury. 
 
 State of New York, Tg. 
 County, j 
 
 Examination of witnesses produced, sworn and examined, on, &c., 
 at, (tc, before me, &. H., one of the Coroners in and for the said 
 county, and A. B., E. F., L. M., &c. &c., good and lawful men of the 
 said county, duly sworn upon their oaths to inquire into all the cir- 
 cumstances, &c., \as in § 86V, to the- words "do say," and then prO' 
 ceed with the testimony of the witnesses.^ 
 
 I do hereby certify, that the foregoing is a correct statement and 
 account of an examination taken by and before me, and the jurors 
 aforesaid, at the time and place aforesaid, and of the testimony, &c., 
 [as in § 3G9.J 
 
 § S'Jl. Statement of Coroner, to he made to the Board of 
 Supervisors. 
 Statement and inventory, of all moneys, and other valuable things, 
 found with, or upon, all persons on whom inquests have been held, 
 by and before G. H., one of the Coroners in and for the county of 
 , for and during the year commencing on the day 
 
 of , 18 : 
 
 Ujion whom found. 
 
 Articles. 
 
 Disposition thereof. 
 
 CD. 
 M. B. 
 
 One gold watch, chain, 
 and key; two gold finger 
 rings; and twelve dollars 
 in Bpecie. 
 
 One coatj one hat; &c. 
 
 Delivered to the Treasurer cf 
 the county of 
 
 Delivered to the legal repre- 
 sentatives of the said M. B. 
 
 County, ss: 
 
 G. H., of said county, coroner, as aforesaid, being duly sworn, 
 says : that the foregoing statement and inventory, of all moneys, and 
 other valuable things, found with, or upon, all persons on whom 
 inquests have been held, hj and before him, within the time speci- 
 fied in said statement and inventory, and of the disposition thereof, 
 is in all respects just and true, to the best of his knowledge and 
 belief; and that the moneys and other articles mentioned in such 
 statement and inventory, have been delivered to the Treasurer of 
 the county of , [or, to the legal representatives of the per- 
 
 sons therein mentioned.] 
 
 Sworn to, this day of , ) G, H. 
 
 A. D. 18 , before me, j 
 
 S. T., Justice of the Peace, 
 
CHAPTER XIV. 
 COYENANTS. 
 
 PRACTICAL KEMARKS. 
 
 1. A covenant is an agreement, by which one person obliges him- 
 Belf to do something beneficial, or abstain from doing something 
 which, if done, might be prejudicial to another, and can only be cre- 
 ated by deed indented, or by deed poU. No particular form of words 
 is necessary to create a covenant, but the instrument containing it 
 must be under seal' 
 
 2. The words " covenant, promise and agree," or " covenant, agree, 
 <fec." or "covenanted, conditioned, concluded and agreed upon," or 
 " I agree to do, &c.," or "yielding and paying," or " I oblige myself 
 to pay, &c.," are suflScient to constitute a covenant. 
 
 3. Covenants are sometimes implied ; as a lease for years, render- 
 ing rent, implies a covenant to pay the rent;, but no covenant can be 
 implied in any conveyance, under the Eevised Statutes of New York, 
 whether it contain special covenants or not" 
 
 4. Covenants real, are those connected with lands, or other real 
 property : covenants of warranty, for quiet enjoyment and future as- 
 surance, that neither the grantor ijor 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 a common or public square owned by 
 a grantor in front of premises conveyed, are all covenants running 
 with an estate in land.' 
 
 5. A covenant of warranty runs with the land till broken by the 
 e-viction of the purchaser- or his assignee, when a right of action ac- 
 crues; the covenant then takes the character of a chose in action, 
 and may be released by the covenantee or assignee.* 
 
 1 6 Cowen, 445. 
 
 • 2 R. S. (3d ed.) 22, § 140 ; 14 Wendell, 
 
 8 i 8 Paige, 598: 2 Barbour's Ch. Rep., 659. 
 
 « 13 Johnson, 236j 5 Cowen, 13r; 8 W., 206; 
 
 7 Wendell, 281 J 10 Id.. 180; 17 Id., 148; 21 
 Id., 120: 2 Hill, 106; 5 Id., 699; 3 Denio, 284; 
 4 Paige, 510. 
 4 1 Barbour's S. C. Rep., 399. 
 
COVENANTS. 
 
 199 
 
 6. If a grantor has no title, his covenant of seizin is broken im- 
 mediately OP the execution of his deed ; but where there are cove- 
 ntots of warranty and quiet enjoyment only, there must bfe an 
 eyiciion, before a recovery can be had.' 
 
 Y. A covenant for quiet enjoyment in a lease of land for life is 
 binding upon a subsequent grantee in fee of the premises.'' 
 
 8. Personal covenants are those which affect only the covenanter 
 during life, or are merely collateral to the title to land ; as covenants 
 that the grantor is well seized, that he has good right to convey, and 
 that the premises are unincumbered.' 
 
 9. If a day be appointed for the performance of any act, which is 
 to happen, or may happen, before the performance of the act, which 
 is the consideration of the fii-st mentioned act, then the covenants are 
 several and independent, and an action may be brought without 
 averring performance of the consideration: the same rule applies 
 where there is no fixed time for the consideration. But when the 
 day appointed for the payment of the money, or performance of an 
 act, is to happen after the thing, which is the consideration, is to be 
 performed, the covenants are dependent, and no action wiE lie be- 
 fore the performance of the consideration. Where a covenant goes 
 only to a part of the consideration, it is an independent covenant. 
 But where the covenants go to the whole consideration on both sides, 
 they are mutual conditions, and dependent Where two acts are to 
 be done at the same time, neither party can maintain an action, 
 without showing performance, or an offer to perform, on his part* 
 
 10. Covenante are to be construed according to their spirit and in- 
 tent; and where, from the subject matter of the covenant, it is the 
 evident intent of the parties that they should be taken severally, 
 they may be so taken, although there be no express words to that 
 effect' 
 
 11. A covenant must be construed by itself and cannot be con- 
 trolled by a verbal agreement" 
 
 FORMS. 
 
 § 372. Oeneral Form of Covenant hy one Person, 
 
 And I, the said A. B., for myself and my heirs, executors and 
 administrators, do hereby covenant, to and with the said 0. D., his 
 heirs and assigns, that &c. 
 
 > 1 Comstock, 609. 
 
 2 3 Barbour's S. C. Rep., 391. 
 
 » 4 Johnson, 72 ; 3 Hill, 134 ; 3 Denio, 284. 
 
 * 17 Johnson, 293'; 6 Cowen, 296; 2 Wen- 
 
 dell. 407 ; 5 Id. , 406 j 8 Id. , 615 ; 1 Denio, 59j 
 
 ' 6 Joiinson, 49 ; 1 WendeU, 228. 
 • 5 WendeU, 163. 
 
200 
 
 NEW CI^ERK'S ASSISTANT. 
 
 § 373. Joint and Several Covenant. 
 
 And we, the said A. B. and C. D., for ourselves and our heira, 
 executors and administrators, do hereby jointly and severally cove- 
 nant, to and witli the said E. F., his heirs and assigns, that, &c. 
 
 § 374. Several Covenant 
 And we, the said A. B. and C. D., do hereby severally, and not 
 jointly, but each for himself and his heirs, executors and adminis- 
 trators, covenant, to and with the said E. F., that, &c. 
 
 § 375. Covenant hy Hmband, for himself and his Wife. 
 And the said A. B., for himself and his heirs, executors and ad- 
 ministrators, and for and on behaK of his wife, the said M. B., and 
 her heirs, &c., doth covenant with the said E. F., that, (fee. 
 
 § 376. Covenant of Seizin. 
 And the said A. B., for himself, and his heirs, &c., doth 
 hereby covenant, to and with the said 0. D., his heirs and assigns, 
 that he is lawfully seized, as of a good and indefeasible estate of 
 inheritance in the law, in fee simple, of and in the above granted 
 premises, <fec. 
 
 § 377. Several Covenant of Seizin. 
 And the said A. B., E. B. and C. B., do hereby, severally, and not 
 jointly, and each for himself and for his heirs, executors and admin- 
 istrators, covenant, to and with the said C. D., that he is lawfully 
 seized of the one-third part, of, <fec. 
 
 § 378. Covenant hy Several Orantors, where Each Confines 
 his Covenant to his own Portion of the Estate. . 
 
 And the said A. B., for himself, his heirs, (fee, and for the estate, 
 right, title, quiet enjoyment, and further assurance, of the one-third 
 part of the above granted premises; and the said E. B., for himself 
 (fee, and for the estate, <fec., of one other third part of the said pren?- 
 ises ; and the said C. B., for himself, (fee, and for the estate, (fee, of 
 one other, and the remaining third part of the said premises, do, 
 and each and every of them doth, severally, but not jointiy, covenant, 
 to and with, <&c. 
 
 § 379. Covenant that Premises are Unincumhered. 
 • And the said A. B., for himself, (fee, doth hereby covenant, to and 
 with the said C. D., his heirs and assigns, that the said premises 
 
COVENANTS. 201 
 
 hereby granted, are free and clear, of and from all incumbrance, of 
 every name and nature wbatsoever. 
 
 § 380. Covenant for further Assurance. 
 And further, the said A. B., for himself, &c., doth hereby covenant, 
 to and with the said C. D., his heirs and assigns, that he, the said A. 
 B., for himself and his heirs, and all and every other person or per- 
 sons, lawfully claiming, or to claim, by, from, or under, him, or them, 
 shall and wiU, from time to time, and at all times hereafter, upon the 
 reasonable request, and at the cost and charge of the said C. D., his 
 heirs and assigns, make and execute, or cause and procure to be made 
 and executed, all and every such further, and other lawful and rea- 
 sonable deed, or deeds, whatsoever, for the further, better, and more 
 perfect and absolute, assurance of the said premises hereby granted, 
 or intended so to be, with their appurtenances, unto the said C. D., 
 his heirs and assigns, as by him or them, or by his or their counsel, 
 learned in the law, shall be reasonably advised, devised, or required. 
 
 I 381. Joint Covenant against Inewnhrance. 
 And the said A. B. and C. D., for themselves, their heirs, &c., do 
 severally, and not jointly, nor 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 hereto- 
 fore done, or committed, any act, matter, or thing, whatever, whereby 
 the premises hereby granted, or any part thereof, are, or shall be, 
 charged, in title, estate, or otherwise. 
 
 § 382. Covenant for Quiet Enjoyment. 
 And the said A. B., for his heirs, &c., doth covenant, promise and 
 and agree, to and with the said C. D., his heirs and assigns, by these 
 presents, that he, the said C. D., his heirs and assigns, shall and law- 
 fully may, from time to time, and at all times hereafter, peaceably 
 and quietly have, hold, occupy, possess and enjoy, the said premises, 
 &c., hereby granted, or intended so to be, with the appurtenances, 
 without the lawful hindrance, or molestation of the said A. B., his 
 heirs and assigns, or of any other person or persons whatsoever, by 
 or with his or their act, consent, privity, or procurement. 
 
 § 383. Covenant ly Tenant for Life, and Tenant in Fee of 
 the Reversion. 
 And we, the said A. B., and A. B., junior, for ourselves respec- 
 tively, and our respective heirs, do severally, and not jomtly, cove- 
 nant and agree, to and with the said C. D., Lis heirs and assigns, 
 that we are lawfully seized in fee of the aforegranted premises, in 
 
202 
 
 NEW CLERK'S ASSISTANT. 
 
 manner followig, that is to say : that the said A. B. is seized there- 
 of for his life, and as tenant by the courtesy; and that the said A. 
 B., junior, is seized in fee sunple of the reversion, or remainder there- 
 of expectant upon the determination of the said estate by the cour- 
 tesy, &c. 
 
 § 384. Mutual and Dependent Covenant. 
 And the said A. B., for himself &c., doth hereby covenant and 
 agree, to and \nth the said C. D., his heirs and assigns, that he will 
 pay to the said C D., his heirs or assigns, the sum of dollars, 
 
 on the day of next; and in consideration thereof, the 
 
 said C. D., for himself, &c., doth covenant and agree, to and with the 
 said A. B., his heirs and assigns, that he ■will make and execute to 
 the said A. B., &c., a good and sufi&cient warranty deed, &c., on the 
 payment of the said sum of money as aforesaid. 
 
 § 385. Independent Covenants. 
 And the said A B., for himself, &c., doth hereby covenant and 
 agree, to and with the said C. D., his heirs and assigns, that he will 
 pay unto the said C. D., &c., the sum of dollars, on or before 
 
 the expiration of one year from the date of these presents, with le- 
 gal interest thereon. And the said 0. D., for himself, &c., doth cov- 
 enant, &c., to and with the said A. B., &c., that he wiU sell, transfer, 
 and convey, to the said A. B., &c., shares of the capital stock 
 
 of the bank of , on or before the expiration of ninety days 
 
 from the date hereo£ 
 
CHAPTER XV. 
 
 DEBTOR AND CREDITOR. 
 
 PRACTICAL REMARK S. 
 
 ' 1. Every insolvent debtor may obtain a discbarge from his debts, 
 imder the provisions of the Eevised Statutes of tb^ State, upon exe- 
 cuting an assignment of all his estate for the benefit of his creditors 
 The petition for that purpose must be signed by the debtor, and by 
 so many of his creditors residing in the United States, as have debta 
 in good faith, owing to them by such debtor, and amounting to two- 
 thirds of all his debts owing to creditors residing in the United States. 
 Corporations, executors, and administrators, like other persons or 
 firms, may become petitioning creditors. The petition must be ac- 
 companied by the affidavits of the debtor and petitioning creditors, 
 forms of which are hereinafter given. Annexed to the petition there 
 must be a schedule, containing a full and true accoimt of all the 
 creditors of the petitioner; the place of residence of each creditor, if 
 known ; and if not known, the fact must be stated ; the sum owing 
 to each creditor, and the nature of each debt or demand, whether on 
 written security, account, or otherwise ; the true cause and conside- 
 ration of indebtedness in each case, and the place where it accrued; 
 and a full and true inventory of all the estate, both real and personal, 
 in law and equity, of the iasolvent; of the incumbrances existing 
 thereon; and of all the books, vouchers, and securities, relating 
 thereto.! 
 
 2. The officer receiving the petition of an insolvent debtor, is re- 
 quired to make an order for aU the creditors of the insolvent, to show 
 cause why he should not make an assignment, and be discharged 
 from his debts. Notice of the order is to be published in the State 
 paper, and in a newspaper printed in the coimty, and also in one 
 printed in the city of New York, provided one-fourth in amount of 
 
 I 2R. S. (3d ed.) 76, §§ 1-5; Id.. 92, § 7. | Paige, 602: 3 Id., 338 
 •t seq. ; 20 Johnson, 21 ; 1 Wendell, 156 ; 2 1 
 
'?,04 
 
 KEW CtERK'S ASSISTANT. 
 
 the debts accrued in that city. If all the creditors reside within ona 
 hundred mUes of the place where cause is to be shown, the notice ia 
 " to be published once in each week, for six weeks successively; if any 
 of the creditors reside over one hundred miles from such place, the 
 notice is to be published ten weeks. It is also necessary that the 
 creditors of the insolvent, provided they reside in the United States, 
 and their places of residence are known, should be served with a copy 
 of the notice of the order to show cause, either personally or by mail. 
 If the service be personal, it must be made at least twenty days 
 before the time fixed for the discharge, and if by mail, at least forty 
 days. Where the notice is sent by mail, it should be folded and 
 directed like a letter.* 
 
 3. At the time of the hearing, proof must be presented of the due 
 service of notice of the order to show cause on creditors residing in 
 the United States." 
 
 4. On the day fixed for the hearing, the officer proceeds to hear 
 the proofs and allegations of the parties : if there be no opposition, 
 an order is entered requiring the debtor to make an assignment ; and 
 when due proof of the execution of such assignment, and the transfer 
 of the property of the debtor to the assignee, is presented to the offi- 
 cer, a discharge is granted. Creditors may, however, demand a 
 jury in the premises, when the same proceedings are had as on the 
 trial of other causes. Fraudulent preferences, or concealments, oi 
 collusion with creditors, or wrongful interference with property trans- 
 ferred to the assignee, if made to appear on the hearing, will prevent 
 the petitioner from obtaining a discharge.' 
 
 5. A discharge granted in pursuance of a petition presented as 
 aforesaid, will exonerate the insolvent from all debts due at the time 
 of the assignment, or contracted before that time, though payable 
 afterwards, foimded upon contracts made since the 12th of April, 
 1813, within the State, or to be executed within this State, and from 
 all debts owing to persons resident within this State, at the time of 
 the first publication of the notice above mentioned ; or owing to per- 
 sons not residing in this State, who united in the petition for a dis- 
 charge, or who shall accept a dividend from the insolvent's estate ; 
 and from all liabilities incurred by such insolvent, by making or 
 endorsing any promissory note, or bill of exchange, previous to his 
 assignment Such discharge wiU also operate upon a previoiisly 
 existing judgment, obtained against the debtor for tort* 
 
 6. Petitions in the case of an insolvent debtor, must be presented 
 to a Justice of the Supreme Court, County Judge, or Recorder of a 
 city. In the city of Schenectady, the petition may be presented to 
 
 1 2 R. S. (Sa. cd.) 77, 55 8-U j Laws of 
 Vai, chap. 366 ; 1 Wendell, 90. 
 
 a Laws on847, chap. 366. 
 
 a 2B. S. (3d. ed018.§12, etB^q.:13John■ 
 Bon,385; 6 Wendell. 632; 7' Id., 210. 
 
 • 2 R. S. (3d. ed.) §§ 30, 31 : 9 Johnson, 
 127 ; 10 Id., 63; 289 ; 20 Id.. 208 ; 2 Wendell. 
 467 ; 9 Id : 313 ; 12 Id., 102 ; 19 Id., 15a 629 
 5 Hill, 242; 3 Paige, 338. 
 
DEBTOR AND CREDITOR. 20i> 
 
 die Mayor. In the city of New York, application may be made to 
 any one of the Justices of the Superior Court, or Judges of the Court 
 of Common Pleas. The officer to whom the petition is presented, 
 must reside in the same county with the insolvent debtor. If there 
 be no officer in the county authorized to act in the premises, the 
 application can be made to an officer in any other coun^ : the place 
 appointed for the hearing, however, must be in the county where 
 the debtor resides.' 
 
 7. Any person against whom any sxiit shall have been commenced 
 in a court of record, in which such person cannot be arrested or 
 imprisoned, may present a petition to a Justice of the Supreme 
 Court, or County Judge in the same county; or, in the city of New 
 York, to any one of the Justices of the Superior Court, or Judges 
 of the Court of Common Pleas, praying that Ms property may be 
 assig-ned. Fourteen days' notice of the presentation of the petition 
 is required to be given. The notice is to be served with a copy of 
 the petition, account, and inventory, forms of which are hereinafter 
 given, on the plaintiff, or plaintiffs, by whom the defendant shall be 
 prosecuted, their personal representatives, or attorney ; and proof of 
 such service must be made at the time of presenting the petition. 
 The subsequent proceedings upon such petition, are similar to those 
 in the case of an insolvent debtor, as above mentioned. The dis- 
 charge granted in pursuance thereof, will exonerate the debtor from 
 being proceeded against by any creditor entitled to a dividend of the 
 estate of such petitioner." 
 
 8. An assignment executed by an insolvent debtor, under the 
 foregoing provisions, of all his estate, real and personal, passes the 
 title to all lands he may own, without further description, and whe- 
 ther such lands are mentioned in the inventory or not A re-con- 
 veyance to him will not be presumed,' 
 
 9. Whenever any debtor is imprisoned in the State Prison, for any 
 term less than his natural life ; or in any penitentiary, or county jail, 
 for a criminal offence, for any term more than one year; application 
 may be made to any of the officers to whom the petition of an insol- 
 vent may be presented, by any creditor of such debtor, or by any 
 of his relatives, or by any relative of his wife, for the appointment 
 of trastees to take charge of the estate of such debtor. A copy of 
 the sentence of conviction of such debtor, duly certified by the 
 Clerk of the courts imder his seal of office, together with an affidavit 
 of the applicant, that such debtor is actually confined under the 
 sentence, and that he is indebted, (in any sum whatever,) must be 
 presented to the officer, who thereupon proceeds to appoint two or 
 
 1 2 R. S (3rt. ed.) 91, 92, §§ 1-6. 1 2R. S. Od ed.)110, § 13, et seq.; 3 HiU, 109 
 
 a Laws of 1831, chap. 300,^ 12, et aeq.; 4^.^681,606. 
 
 I ' 2 Demo, 61. 
 
206 KEW CLERK'S ASSISTANT. 
 
 more fit persons, as trustees of the estate of the debtor. Whenever 
 the imprisoned debtor is lawfully discharged from imprisonment, the 
 trustees are bound to surrender up to him aJl his real and personal 
 estate, and all moneys belonging to him, in their hands, after retain- 
 ing sufficient for their expenses and lawful commissions.' 
 
 10. Assignees, or trustees, of insolvent or imprisoned debtors, may 
 be appointed to fill vacancies, by the officer before whom the former 
 proceedings were had, or his successor in office, or any other officer 
 residing in the same county with the original assignee or trustee, to 
 whom the petition might, in the first instance, have been presented. 
 The appomtment must be certified, and filed in the Clerk's office of 
 the county.' 
 
 FOKMS. 
 
 § 386. Letter of License to a Debtor. 
 To all to whom these presents shall come : We, E. F., o^ &c., ana 
 G. ¥., of, &c., [name tJie several creditors,^ whose names are under- 
 written, and seals affixed, creditors of A. B., now or late of , 
 send greeting : Whereas, the said A. B., on the day of the date 
 hereof, is indebted unto us, the said creditors, in divers sums of mo- 
 ney, which, by reason of great losses and misfortunes, he is not at 
 present able to pay and satisfy, without respite of time be given him 
 for that purpose : Know ye, therefore, that we, the said creditors, 
 and every one of us, do, by these presents, severally give and grant 
 unto the said A. B., free license, liberty and leave, to come, go and 
 resort, unto us, and every of us, his said creditors, to compoimd and 
 take order with us, and every one of us, for our and every of our 
 debts ; and also go about his other business and affairs, at his free 
 will and pleasure, from the day of the date hereof, until the fuU end 
 and term of months next ensuing, without any let, suit, 
 trouble, arrest, attachment, or other disturbance whatsoever, to be 
 offered or done unto him, the said A. B., his wares, goods, money, 
 or merchandise, whatsoever, by us, or the assigns of us, or any or 
 either of us, or by our or any of our means or procurement ; and 
 we, the said ^ creators, severally and respectively, each for himself, 
 his executors and administrators, do severally, and not jointly, cove- 
 nant and agree, to and with the said A. B., his executors, adminis- 
 
 » 2 R. S. (3d ed.) 74, 75, 55 l-5j IB Wen- 1 " Laws of 1846, chap, 158 
 Aell, 2S0. I 
 
DEBTOR AND CREDITOR. 207 
 
 trators, and every of them, by these presents, that if any trouble, 
 vexation, wrong, damage, or hinderance, shall be done imto Inm, the 
 said A. B., either in his body, goods, or chattels, ■within the said 
 term of months, from the data of these presents, by us, 
 
 or any of us, contrary to the tenor and effect of this our license, 
 that then he, the said A. B., his executors and administrators, shall 
 be acquitted and discharged towards and against Tnm and them, of 
 us, his and their executors, administrators, partners and assigns, and 
 every of them, by whom and by whose means he shall be vexed, 
 arrested, troubled, imprisoned, attached, grieved, or damnified, of all 
 manner of actions, suits, quarrels, debts, dues and demands, either in 
 law or equity, whatsoever, from the beginning of the world to the day 
 of the date of these presents : provided always, nevertheless, and it 
 is the true intent and meaning of these presents, and of the said par- 
 ties hereunto, that if aU the said parties shall not subscribe and seal 
 these presents, then, and in such case, the liberty and license hereby 
 ^ven and granted, and every clause, covenant, matter and thing, 
 herein contained, shall cease and be utterly void, to all intents and 
 purposes ; any thing hereinbefore contained, to the contrary thereof, 
 in any wise notwithstanding. 
 
 In witness whereof, the said parties to these presents have here- 
 unto set their hands and seals, the day of , 18 . 
 
 Signed, sealed and delivered ) E. F. [l. s.] 
 
 in presence of ) &c., &c. 
 
 G. H. 
 
 § 387. Composition with Creditors. 
 To all to whom these presents shall come : We, whose names are 
 hereunder written, and seals affixed, creditors of A. B., of, &c., send 
 greeting : Whereas, the said A. B. does justly owe, and is mdebted 
 unto us, his said several creditors, in divers sums of money ; but by 
 reason of sundry losses, disappointments, and other damages, hap- 
 pened unto the said A. B., he is become unable to pay and satisfy 
 us of our fuU debts, and just claims and demands, and therefore we, 
 the said creditors, have resolved and agreed to undergo a certain 
 loss, and to accept of cents, for every dollar owing by the 
 
 said A. B., to us, the several and respective creditors aforesaid, to be 
 paid in fuU satisfaction and discharge of our several and respective 
 debts : l^aw, know ye, that we, the said creditors of the said A. B., 
 do, for ourselves, severally and respectively, and for our several and 
 respective heirs, executors and administrators, covenant, promise, 
 compound and agree, to and wifh the said A. B., by these presents, 
 that we, the said several and respective creditors, shall and will ac- 
 cept, receive and take, of and from the said A. B., for each and 
 every doUar that the said A. B. does owe and is indebted to us, tlie 
 said several and respective creditors, the sum of cents, m 
 
208 NEW CLERK'S ASSISTANT. 
 
 full discharge and satisfaction of the several debts and sums of 
 money that the said A. B. does owe 3nd stand indebted unto us ; to 
 be paid unto us, the said several and respective creditors, within the 
 time or space of months next after the date of these presents ; 
 
 and we, the said several and respective creditors, do severally and 
 respectively covenant, promise and agree, to and with the said A. B., 
 that he, the said A. B., shall and may ftom time to time, and at all 
 times within the said time or space of months next ensuing 
 
 the date hereof, assign, sell, or otherwise dispose of all his goods and 
 chattels, wares and merchandise, at his own free will and pleasure, 
 for and towards the payment and satisfaction of the said 
 cents for -every doUar the said A. B. does owe and is indebted unto 
 us, as aforesaid ; and that neither we, the said several and respective 
 creditors, nor any or either of us, shall or will, at any time or times 
 hereafter, sue, arrest, molest, or trouble, the said A. B., or his goods 
 and chattels, for any debt or other thing, now due and owing to us 
 or any of us, his respective creditors : so as the said A. B. well and 
 truly pay, or cause to be paid, the said sum of cents for 
 
 every dollar he does owe and stand indebted to us, respectively, 
 within the said time or space of months next ensuing the 
 
 date hereof ; and all and every of the grants, covenants, agreements 
 and conditions, herein contained, shall extend to and bind our seve- 
 ral executors, administrators and assigns. 
 
 In witness whereof, we, the undersigned, have hereunto set our, 
 &c., [as in § 386.] 
 
 § 388. Petition of Insolvent and Ms Creditors under the Two- 
 Third Act, 
 To the Hon. J. P. H., County Judge of County : [or, as the 
 
 case may he.~\ 
 The petition of A. B., of the town [or, city] of , an in- 
 
 solvent debtor, and others, whose names are hereunto subscribed, 
 creditors of the said insolvent, residing within the United States, re- 
 spectfully showeth : That the said insolvent, from many unfortunate 
 circumstances, has become insolvent, and utterly incompetent to the 
 payment of his debts ; wherefore he, and your other petitioners, are 
 desirous that the said insolvent's estate should be distributed among. 
 his creditors in discharge of their debts, so far as the same vriiX ex- 
 tend ; and for that purpose pray, that all his estate, real and personal, 
 may be assigned over and delivered up to J. K. , of, &c., and L. M., 
 of, &c., as assignees, appointed by the said creditors, having debts in 
 good faith owing to them by the said insolvent, now due, or hereafter 
 to become due, and amounting to at least two thirds of all the debts 
 owing by the said insolvent, to creditors residing within the United 
 States : And further, that the said insolvent may be discharged from 
 
DEBTOR AND CREDITOR. 209 
 
 his debts, agreeably to the direction of the statute of the State of 
 New York, conoeming " Voluntary assignments, made pursuant to 
 the apphcation of an insolvent and his creditors." 
 
 Dated the day of 
 
 ,18 . 
 
 
 A. B. 
 
 E. R, $ 
 
 , 1 [Insert the .anwwit due to 
 
 G. H., $ 
 
 , > each creditor, opposite the 
 
 S. T., & Co., $ 
 
 , ) signature.'] 
 
 § 389. Affidavit of Residence of Petitioner. 
 I, L. M., do swear, that A. B., in the annexed petition named,- is 
 an inhabitant actually residing within the county of , and 
 
 State of New York. L. M. 
 
 Sworn to before me, the day ) 
 
 of , 18 . S 
 
 J. P. H., County Judge ; [or any officer authorized to take affi- 
 davits to be read in a court of record.] 
 
 § 390. Affidavit of Creditor. 
 StateofNew York, ) g. 
 County, j 
 
 E. F., of the said county, one of the petitioning creditors of A. B., 
 an insolvent debtor, being duly sworn, doth depose and say, that the 
 sum of dollars, lawful money of the United States, bemg the 
 
 sum annexed to the name of this deponent, subscribed to the petition, 
 is justly due to him from the said insolvent, on account, for [or, on a 
 promissory note given for] goods, wares, and merchandise, sold and 
 delivered by liim to the said insolvent; [or, as the case may be; sta- 
 ting the nature of the demand — whether on written seewrity or other- 
 wise, — and the general ground and consideration of the indebtedness;] 
 and that neither he, nor any person to his use, hath received from the 
 said insolvent, or any other person, pa]rment of any demand, or any 
 part thereof, in money, or in any way whatever, or any gift or reward 
 whatsoever, upon any express or implied trust or confidence, that he 
 should become a petitioner for the said insolvent 
 
 Sworn, &c., [asvn% 389.] E. F. 
 
 § 391. Affidavit of one of a Firm, who are Creditors. 
 State of New York, )g. 
 Coimty, j 
 8. T., of the said county, partner of the firm or copartnership of 
 S. T. <fe Co., who, as one of the copartners, and in their behaH hath 
 ■subscribed to the petition the name or firm of their said copartner- 
 ship, as petitioning creditors of A. B., an insolvent debtor, being duly 
 
210 
 
 NEW CLERK'S ASSISTANT 
 
 sworn, doth depose and say, that the sum of dollars, lawful 
 
 money of the Umted States, bemg the sum annexed to the name of 
 the said copartnership subscribed to the petition, is justly due to them 
 from the said insolvent, for [state the nature of the demand, whether 
 owing on written security, or otherwise, with the general grovnd and 
 consideration of the indebtedness ;'\ and that neither he, nor any per- 
 son to his or their use, hath received from the said insolvent, or any 
 other person, payment of any part thereof in money, or in any other 
 way whatever, or any gift or reward whatsoever, upon any express 
 or implied trust or confidence, that he or they should become a peti- 
 tioner or petitioners for the said insolvent 
 Sworn, &c., \as in § .389.] 
 
 § S92. Schedule of Petitioner. 
 The Schedule of A. B., an insolvent, annexed to and delivered 
 with his petition, to the Hon. D. W., Recorder of the city of 
 \or, as the case may 5«,] and containing a full and true account of all 
 the creditors of the said A. B., with the place of residence of each; 
 the sum owing to each of them by the said insolvent ; the nature of 
 each debt, with the true cause and consideration thereof; and the 
 place where the same accrued. 
 
 Creditors. 
 
 Reeidence. 
 
 Amount. 
 
 Nature of debt, with true 
 
 cause and consideration. 
 
 thereof. 
 
 Accrued at 
 
 Dolls. 
 
 eta. 
 
 L. M. 
 S. T. & Co. 
 
 N. B. 
 
 New York. 
 Albany. 
 
 Auburn. 
 
 562 
 1182 
 
 1000 
 
 39 
 14 
 
 00 
 
 On account, for goods, wares, 
 and merchandise, sold and de- 
 livered to the said A. B. 
 
 On promissory note, given on 
 purchase of bill of goods, wares, 
 and merchandise. 
 
 On a bond, given as collateral 
 security for payment of the 
 sum of S , secured 
 to be paid by a certain mort- 
 gage, executed by the said A. 
 B., to the said N. B., the origi- 
 nal consideration of which was 
 money lent to the said A. B. 
 
 New York. 
 Albany. 
 
 Auburn. 
 
 Also a fuU and true inventory of all the estate, both real and per- 
 sonal, in law and equity, of the said A. B., an insolvent debtor; of 
 the incumbrances existing thereon, and of all the books, vouchers, 
 and securities, relating thereto, as follows, to wit: 
 
 Ten acres of land, situate in, &c., subject to a certain mortgage, 
 given, &o. ; twenty shares of the capital stock of the bank of , 
 
 two horses; one lumber wagon; one two-horse carriage; one sofa, 
 &o., &o. Dated the day of 18 . 
 
 a-b: 
 
DEBTOR aED CREDITOR. 211 
 
 § 393. Oath of Insolvent, 
 
 I, A. B., do swear, that the account of my creditors, and the inven- 
 tory of my estate, which are annexed to my petition, and herewith 
 delivered, are in all respects just and true ; and that I have not at 
 any time, or in any manner whatsoever, disposed o^ or made over, 
 any part of my estate, for the future benefit of myself and family, or 
 in order to defraud any of my creditors; and that I have, in no 
 instance, created or acknowledged a debt, for a greater sum than I 
 honestly and truly owed ; and that I have not paid, secured to be 
 paid, or in any way compounded with, any of my creditors, with a 
 view fraudulently to obtain the prayer of my petition. 
 
 Sworn &c., [as in § 889.] A. B. 
 
 § 394. Order for Creditors to Show Qame, and for JPullication. 
 Ordered, That all the creditors of A. B., an insolvent debtor, be 
 required to show cause, if any they have, befere me, on the 
 day of next, at o'clock in the noon, at my office 
 
 in the town of , why an assignment of the said insolvent's 
 
 estate should not be made, and he be discharged from his debts, pur- 
 suant to the provisions of the statute for the discharge of an insolvent 
 from Ms debts, notice for which is to be published for six [or, ten] 
 ■\7eeks, successively, in the state paper, and the newspaper printed in 
 the county of , entitled the . Dated the 
 
 day of , 18 . 
 
 D. P. Justice of the Supreme Court. 
 
 § 395. Notice to he Published. 
 
 Notice of application for the discharge of an insolvent from his 
 debts, pursuant to the provisions of the third article of the first title 
 of the fifth chapter of the second part of the Revised Statutes : 
 
 A. B., of the town of , in the county of , an insol- 
 
 vent debtor : [or, if the, applicant he a tnemher of an insolvent firm, 
 say: A. B., of the city and county of New York, an insolvent debtor, 
 individually, and as one of the firm, [or, late firm] of, B. & T. ;] 
 Notice first published, July 1, 1847. Creditors to appear before 
 Hon. J. P. H., County Judge of said county of , at his office 
 
 in the town of , on the day of next, at 
 
 ten o'clock in the forenoon, to show cauSe, if any they have, why an 
 assignment should not be made of said insolvent's estate, and he ba 
 discharged from his debts. 
 
212 MEW CLERK'S ASSISTAHT. 
 
 § 396. ITbtice to he served on the Creditors Bedding in the VnUed 
 States, with the Notice of the Order to Show Cause. 
 Sir: — You will please take notice, that the foregoing [or, tht 
 within,] is a copy of a notice to show cause, before the Hon. J. P. H., 
 County Judge- of county, at the time and place therein speci- 
 
 fied, why I should not make an assignment of my estate, and be dis- 
 charged from my debts, &c. 
 
 Dated the day of , 18 . 
 
 To L. M. Yours, <fec., A. B. 
 
 § 397. Proof of Service of Notice on Creditors Residing in the 
 United States. 
 
 State of New York, ) . 
 County, j 
 
 A. B., of said county, being duly sworn, 
 [ Attach here a says, that on the day of in- 
 
 printed copy of stant, [or, last past,] he served the notice, 
 the notice, § 395.] of which the annexed printed notice is a 
 copy, on C. D., L. M., &c., &c., by deliver- 
 ing a copy of the same to each of them personally, [or, by deposit- 
 ing a copy of the same, properly folded and directed to each of them, 
 at his usual place of residence, in the post office at . ] 
 
 Sworn, &c., [as in § 389.] A. B. 
 
 § 398. Order for Assignment. 
 Whereas, A. B., of , in the county of , an insolvent 
 
 debtor, did, in conjunction with so many of his creditors residing 
 within the United States as have debts in good faith owing to them 
 by the said insolvent, amounting to at least two-thirds of all the 
 debts owing by ViiTn to creditors residing within the United States, 
 present a petition to me, for the purpose of being discharged from 
 his debts, pursuant to the provisions of the third article of the first 
 title of the fifth chapter of the second part oS the Revised Statutes ; 
 upon hearing which, it satisfactorily appeared to me that the said 
 insolvent is justly and truly indebted to the petitioning creditors in the 
 sums by them respectively mentioned in their affidavits annexed to 
 the petition ; that such sums amount in the aggregate to two-thirds 
 of all the debts owing by him at the time of his presentmg his petition 
 to creditors residing within the United States, and that he has hon- 
 estly and fairly given a true account of his estate, and has in all 
 things conformed to the matters requii-ed of him by the said article : 
 I do, therefore, direct that an assignment be made by the. said in- 
 solvent, to J. K, of, &c., and L. M., of, &c., assignees nominated by 
 the said creditors, of all his estate, both in law and equity, m poses- 
 
DEBTOR AND CREDITOR. 213 
 
 sion, reversion, or remainder, excepUns from the articles mentioned 
 in his inventory, each articles of weanng apparel and bedding, as is 
 reasonable and necessary for the said insolvent and his family to re- 
 tain, and also his arms and accoutrements. Dated the day of 
 ,18 . 
 
 J. P. H., Comity Judge of County. 
 
 § 399. Assignment. 
 
 Know all men by these presents : That I, A. B., having become 
 ii.iolvent, did, in conjunction with so many of my creditors, residing 
 \\ithin the United States, whose debts, in good faith, amount to two- 
 thirds of aU the debts owing by me to creditors residing within the 
 United States, present a petition to the Hon. J. P. H., County Judge 
 of county : \or, as the case may 6«,] praying for relief, pursu- 
 
 ant to the provisions of the statute authorizing an insolvent debtor 
 to be discharged from his debts ; whereupon the said Judge ordered 
 notice to be' given to aU my creditors to show cause, if any they had, 
 before him, at a certain day and place, why the prayer of the peti- 
 tioner should not be granted; which notice was duly published: and 
 no good cause appearing to the contrary, he being satisfied that the 
 proceedings were just and fair, knd that I had in all things conformed 
 to those matters required by the said statute, directed an assign- 
 ment of all my estate to be made by me for the benefit of all my 
 creditors. 
 
 Now, therefore, know ye, that in conformity to the said direction, 
 I have granted, released, assigned and set over, and by these pre- 
 sents do grant, release, psign and set over, unto J. K, of, &c., and 
 L. M., of, &c., assignees nominated to receive the same, all my estate, 
 real and personal, both in law and equity, in possession, reversion, or 
 remainder, and all books, vouchers and securities, relating thereto, to 
 hold the same unto the said assignees, to and for the use of aU my 
 creditors. 
 
 In witness whereof, I have hereunto set my hand and seal, this 
 day, of , in the year one thousand 6ight hundred 
 
 and ' 
 
 Sealed and delivered, ) A. B. [l. s.J 
 
 in presence of ' C 
 G.H. 
 
 § 400. Aclenowledffment of Assignment, 
 
 State of New York, )^. 
 County, ) 
 On the day of , in the year one thousand eight 
 
 hundred and , before me came A. B., to me known, [or, proven 
 
214 NEW CLERK'S ASSISTANT. 
 
 to me by the oath of G. H., the subscribing witness to the above a» 
 signment,] to be the individual described m and who executed the 
 above [or, said] assignment, and the said A. B. acknowledged that 
 he executed the same. 
 
 S. T., Justice of the Peace. 
 
 § 401. Oath of Assignee. 
 
 I, L. M., having been appointed assignee of A. B., an insolvent 
 debtor, do swear, that I wiU well and truly execute the trust by that' 
 appointment reposed in me, according to the best of my skill and 
 understanding. ' 
 
 Bwom, (fee, [as in § 389.] L. M. 
 
 § 402. Notice of Assignment, to he inserted Three Weehs. 
 Pursuant to the provisions of the first title of the fifth chapter of 
 the second part of the Revised Statutes, notice is hereby given, that 
 the undersigned have been appointed assignees of A. B., an insolvent 
 debtor. All persons indebted to the said debtor are required to 
 render an account of all the debts and sums of money owing by them 
 respectively, to the said assignees, by the day of next, 
 
 at the oflSce of the said L. M., in the town of , and to pay 
 
 the same ; and all persons having in their possession any property or 
 effects of the said debtor, are reqmred to dehver the same to us, by 
 the day above specified. All the creditors of the said debtor are 
 also required to dehver their respective accounts and demands to the 
 said L. M., at h's oflSoe as aforesaid, by the day of next 
 
 Dated the day of , 18 . 
 
 J. K 
 L. M. 
 
 § 403. Certificate of the Assignees. 
 
 We do certify, that A. B., an insolvent debtor, has this day granted, 
 conveyed, assigned and delivered, to us, for the use and benefit of 
 all his creditors, all his estate, real and personal, both in law and 
 equity, in possession, reversion, or remainder, and all books, vouchers 
 and securities, relating to the same, except such articles of wearing 
 apparel and bedding, as are reasonable and necessary for the said 
 insolvent and his family j» retain, and also his arms and accoutre- 
 ments. 
 
 In witness whereof, we have hereunto set our han'ds and seals, 
 this day of , in the year one thousand eight hundred 
 
 and 
 
 Execeted in presence of ) J. K [t. s.] 
 
 R. R \ L.M. [l.s.1 
 
 M. B. \ 
 
DEBTOR AND CEEDITOR. 315 
 
 § 404. Affidavit of Execution of Certificate. 
 StateofNew York, Ig g. 
 County, J 
 R F., of, &c., being duly sworn, deposes and says, that he did, on 
 the day of last past, [or, instant,] see J. K., of, <kc., 
 
 and L. M., of, (fee, to him personally known, sign and seal the within 
 [or, annexed] certificate ; and that he, this deponent, subscribed his 
 name thereto as one of the subscribing witnesses. 
 
 Sworn, (fee, [as in § 389.] R. F. 
 
 § 405. Certificate of County Cleric that Assignment has been 
 Recorded. 
 
 State of New York, ) , 
 
 County. 
 
 I, P. v.. Clerk of the covmty of , do hereby certify, that 
 
 the assignment made by A. B., an insolvent debtor, of all his estate, 
 both in law and equity, in possession, reversion, or remainder, (ex- 
 cept as is excepted by the statute,) to J. K., of, &c., and L. M., of, 
 (fee, bearing date tlie day of, (fee, has been duly recorded in 
 
 my office. 
 
 In testimony whereof, I have hereunto set my hand, the day 
 
 of , 18 . P. V. 
 
 § 406. Discharge.^ 
 To aE to whom these presents shall come or may concern : I, J, 
 P. H., County Judge of County, [or, as the case may 6e,] 
 
 send greeting : Whereas, A. B., o^ (fee, an insolvent debtor, residing 
 within said county, did, in conjunction with so many of his cre- 
 ditors residing within the United States, as have debts in good faith 
 owing to them by the said insolvent, amounting to at least two-thii'ds 
 of aU the debts owing by him to creditors residing within the United 
 States, present a petition to me, praying that the estate of the said 
 insolvent might be assigned for the benefit of his creditors, and he 
 be discharged from his debts, pursuant to the provisions of the sta- 
 tute authorizing an insolvent debtor to be discharged from his debts; 
 whereupon I ordered notice to be given to all the creditors of the 
 said insolvent, to show cause, if any they had, before me, at a cer- 
 tain time and place, why an assignment of the said insolvent's estate 
 should not be made, and he be discharged from his debts ; proof of 
 the publication whereof hath been duly made. And whereas, it 
 satisfactorily appearing to me that the doings on the part of the 
 creditors were just and fair, and that the said insolvent has con- 
 formed in all things to those matters required of him by the said 
 
 1 For the security of the inaoJvent, it ia wgU I copy to be filed in the County Clerk's office, 
 io have the discharge signed in duplicate; one | and Iho other retained in his own poBsession. 
 
216 NEW CLERK'S ASSISTANT. 
 
 statute,! have directed an assignment to be made by the said insol- 
 venfj of aJl his estate, real and personal, both in law and equity, in 
 possession, reversion, or remainder, to J.. K., of, &c., and K M., of, 
 (fee, assignees nominated by the creditors to receive the same ; and 
 the said insolvent having, on the day of , made such 
 
 assignment, and produced to me a certificate thereof executed bv 
 the said assignees, and duly proved ; and also a certificate of the 
 Clerk of tliis county, that such assignment is duly recorded in his 
 office : Now, therefore, know ye, that by virtue of the power and au- 
 thority in me vested, I do hereby discharge the said insolvent from 
 all his debts, pursuant to the provisions of the said statute. 
 
 In witness whereof, I have hereunto set my hand and seal, the 
 day of , in the year of our Lord one thousand eight 
 
 hundred and 
 
 J. P. H., County Judge, <fec. [l. s. j 
 
 § 407. Petition Under Non- Imprisonment Act, after Action 
 Qommenced. 
 To the Hon. C. P. D., Judge, &c. ; ' [or, as the case may 8e.] 
 
 The petition of A. B., of the town of , in the county ol 
 
 , respectfully showeth : That an action has been commenced 
 against him in a court of record, in which, by the provisions of the 
 act to abolish imprisonment for debt, and to punish fraudulent debt- 
 ors, he cannot be arrested or imprisoned. Your petitioner, therefore, 
 prays, that his property may be assigned, and that he may have the 
 benefit of the provisions of the said act; and in conformity thereto, 
 sets forth and states : that the said action is brought by C. D., in the 
 Supreme Court of the State of New York, gnd was commenced by 
 summons, served upon the said petitioner on the day of 
 
 last past, [or, instant,] and that the following is a just 
 and true account of all his estate, real and persona], in law and 
 equity, and of all the charges affecting the same, as the same exist at 
 the tune of preparing this petition, according to the best of his know- 
 ledge and belief, to wit : Real estate \describe the same, if any; if 
 otherwise, say: None:] Personal estate, one span of horses, &c., 
 &c.: The charges affecting the same are as follows, to wit: a chattel 
 jnortgage executed by the said A. B., to L. M., of, &c., on the 
 day of , 18 , for the purpose of securing the pajrment of 
 
 the sum of dollars, due and owing to the said L. M., by the 
 
 said A, B. : His necessary wearing apparel, bedding and furniture, 
 for himself and family, his arms and accoutrements, and other arti- 
 cles, exempt by law from execution, are as follows, to wit: \spedfy 
 the articles:^ and his tools, or instriunents of his trade, necessary to 
 the carrymg on of the same, not exceeding twenty-five doUare in 
 value, are as follows, to wit: [specify the articles^ 
 
DEBTOR AND CEEDITOE. . 217 
 
 And your petitioner further states, that the following is a just and 
 true account of the deeds, securities, books and writings, whatsoever, 
 relating to the said estate, and the charges thereon, and the names, 
 and places of abode of the witnesses to such deeds, securities, and 
 writing-s, according to the best of his knowledge and belief, to wi'c: 
 [state the details/] and that there is no Other account of any real 
 estate, or personal estate, in law or equity, or any other charges 
 affecting the same, as the same estate exists at the time of prepanng 
 this petition; nor any other deeds, securities, books, or writings, 
 whatsoever, relating to the same ; nor any other names, or places of 
 abode, of any witnesses to such deeds, securities, or Avritings, so far 
 set forth, as his knowledge extends concerning the same. 
 
 Dated the day of , 18 . 
 
 A. B., Defendant 
 
 § 408. Affidavit of Petitioner, to be endorsed on the Petition. 
 
 I, the within named petitioner, do swear : Thai the within peti- 
 tion, and the account of my estate, and of the charges thereon, are 
 in all respects just and true ; and that I have not, at any time, or in 
 any manner, disposed of or made over any pait of my property, with 
 a view to the future benefit of myself or my family ; or with aa 
 intent to injure or defraud any of my creditors. As B, 
 
 Sworn to, &c., [a« in § 389.] < > 
 
 § 409. Notice of Presenting Petition. 
 Supreme Court, 
 
 c. p. 
 
 against 
 A.B. 
 
 Sir : Please to take notic^e that the within is a true copy of a peti- 
 tion, with an account of my creditors, and an inventory of my estate 
 thereimto annexed, which I intend to present to the Hon. J. P. H., 
 &c., at his office in the town of , on the day of 
 
 ,18 , at o'clock in the noon, or as soon there- 
 
 after as the same can be heard. Yours, &o. 
 
 To C. D., [or. A, W., attorney of] 
 
 the plaintiff in the above smt 
 J 
 
 A. B., Defendant 
 
218 
 
 NEW CLERK'S ASSISTANT. 
 
 § 410. Affidavit of Service of Notice. 
 Supreme Court, 
 CD. 
 
 against > County, ss: 
 
 A. B. 
 
 0. P., of tlie said eounty, being duly sworn, doth, depose and say 
 that on the day of last past, [or, instant,] he, this depo- 
 
 nent, served C. D., of the town of , the plaintiff in this 
 
 cause, with a notice of the above named defendant's intention of 
 presenting the wjthin petition to the Hon. J. P. H., &c., [or, as the 
 case may 6e,] on the day of next, [or, instant,] at 
 
 o'clock in the noon of the same day ; and also, with a 
 true copy of the account of the said defendant's estate as within set 
 forth, by delivering the said notice and accoimt ; \state the manner 
 of service, whether personal or otherwise/] and that the notice and 
 account so deUvered were signed by the above named defendant in 
 this cause. 0. P. 
 
 Sworn, (fee, [as in § 389.] 
 
 § 411. Order for Assignment. 
 
 Whereas, A. B. did, on the day of , 18 , present a 
 
 petition to me praying that his property might be assigned, and that 
 he might have the benefit of the provisions of the act to abolish im- 
 prisonment for debt, and to punish fraudulent debtors; upon the 
 hearing of which, I, being satisfied that the proceedings on the part 
 of the petitioner are just and fair, and that he has conformed in aU 
 things to the provisions of the said act, do therefore order that an 
 assignment of all his estate be made by him to M. P., of, &c., the 
 assignee appointed by me to receive the same, excepting such arti- 
 cles as are by law exempt from execution. 
 
 Dated the day of , 18 
 
 J. P. H., County Judge, &c. 
 
 § 412. Assignment. 
 Know all men by these presents : That I, A. B., o^ &c., did pre- 
 sent a petition to the Hon. C. P. D., one of the Judges, &c., praying 
 that my property might be assigned, and that I might have the ben- 
 efit of the provisions of the act to abolish imprisonment for debt; 
 whereupon, such proceedings were -had, that the said Judge, after 
 hearing the said petition, ordered that an assignment should be 
 made by me of all my property, except such articles as were by law 
 exempt from execution: Now, tbsrefore, know ye, that in conformity 
 to the said order, I have released, and ky these presents do grant 
 
DEBTOR AKD CREDITOR. 219 
 
 and assign, all my estate, real and personal, both in law and equity, 
 in possession, reversion and remainder, and all books, vouchers and 
 securities, relating to the same, to M. P., of, &c., the assignee ap- 
 pointed to receive the same, except such articles as are by law ex- 
 emct from execution.' 
 
 § 413. Certificaie of Assignment. 
 
 I do hereby certify, that A. B. has this day made and delivered to 
 me an assignment of all his property mentioned in the inventory ac- 
 companying his petition, pursuant to an order made by the Hon. C. 
 P. D., one of the Judges, &c., and that all the property specified in 
 said inventory has been delivered to me. 
 
 In witness, &c., \as in § 403. ]' 
 
 § 414. Discharge. 
 To all to whom these presents shall come : I, C. P. D., one of 
 the Judges, &c., send greeting : Whereas, A. B., against whom an 
 action has been conamenced in a court of record, in which action by 
 the provisions of the act to abolish imprisonment for debt, and tc 
 punish fraudulent debtors, he cannot be arrested or imprisoned, did 
 present a petition to me, prajong that his property might be assigned 
 and that he might have the benefit of the said act; which petition 
 contained an account of his creditors, and an inventory of his estate, 
 verified by an affidavit thereunto annexed, subscribed by him, and 
 duly sworn to before me. He also produced satisfactory proof that 
 a copy of the said petition, accoimt and inventory, had been served 
 on the creditors in the said petition named, with notice of the time 
 and place of presenting the same to me, as required by law; and I 
 being satisfied, on hearing the petition, that the proceedings on the 
 part of the petitioner were just and fair, and that he had conformed 
 to the provisions of the said act, ordered that the said petitioner make 
 an assignment of all his property, except such articles as are by 
 law exempt from execution, to M. P., of, &c., the assignee appointed 
 by me ; and the said petitioner having made such assignment, and 
 produced evidence that the assignment so made was recorded in the 
 office of the Clerk of this county, and also produced a certificate of 
 the assignee that the property of the petitioner, specified in his in- 
 ventory, had been dehvered to the said assignee : Now, therefore, 
 know ye, that by virtue of the power and authority in me vested, 
 and in pursuance of the provisions of the said act, I do grant this 
 
 > For the fonn of acknowledgment, sea | > For Affidavit of Ezeoation,ne J 401. 
 \ 40O{ ard certificate of Clerk, see § 406^ | 
 
220 NEW CLERK'S ASSISTANT. 
 
 discharge, to exonerate the said petitioner from being proceeded 
 against by any creditor entitled to a dividend of his estate. 
 
 Given under my hand and seal, the day of one 
 
 thousand eight hundred and 
 
 C. P. D., Judge oi, &c 
 
 § 415. Affidavit of Person applt/ing for the Appointment of Trus- 
 tees for estate of Bebtor confined for Crime; to Accom- 
 pany thg Copy of the Sentence, and Certificate of the 
 Clerk. 
 State of New York, ) 
 County, J 
 A. B., of said county, being duly sworn, says, that C. D., the per- 
 son named in the annexed [or, within] copy of sentence of convic- 
 tion, is now actually imprisoned in the State prison at , [or, 
 in the penitentiary of, &c. ; or^, the county jail of the county of 
 ,] in the State of New York, under and in pxirsuance of 
 the said sentence of conviction ; and that the said C. D. is indebted 
 to this deponent [or, to L. M., of, &c.] in the sum of dollars, 
 on account, [or, as the case may 6e,] for goods, wares and merchan- 
 dise, sold and delivered to the said 0. D., by this deponent, [or, 
 by the said L. M. ;] and this deponent therefore makes application 
 for the appointment of Trustees of the estate of the said C. D., ac- 
 cording to the statute. A. B. 
 Sworn, (fee, [as in § 389.] 
 
 § 416. Appointment of Trustees, on the Foregoing Affidavit and 
 Application.^ 
 
 By the Hon. D. P., one of the Justices of the Supreme Court of 
 the State of New York; [or, as the case may 6e,] Whereas, A. B., 
 a creditor [or, a relative] of C. D., [or, a relative of M. D., wife of 
 C. D.,] a debtor confined for crime, did, on the day of 
 
 last past, [or, instant,] make application to me for the appointment 
 of Trustees to take charge of the estate of the said C. D. ; and did 
 also produce a copy of the sentence of conviction of the said C. D., 
 duly certified by P. V., Esq., Clerk of the Court of [specify the 
 court before which the convictionwas had^wiABx his seal of office, by 
 which said court of the said sentence of conviction was passed; 
 
 1 The Trustees appointed to take charge of the estate of a debtor confined Ibr crime, have 
 the same rights and powers as Trustees of the estates of absconding debtors. From the 
 time of their appointment, the reai and personal estate of the debtor is vested in them; and 
 they ars clothed with full power to sue for and collect all demands, to soil and dispose of 
 the property of the debtor, and apply" the proceeds in payment of his debts. Before pro- 
 ceeding to the discharge of their duties, it is necessary to take and subscribe the oath, 
 ii 417,) which must be filed with the efiicer appointing them. 
 
DEBTOR AND CREDITOR. 221 
 
 together -with an affidayit'of the said A. B., that the said C. D. is 
 actually imprisoned under the said sentence, and is indebted to the 
 the said A. B., [or, to L. M.,] of, &c., ia the sum of doUars : 
 
 Now, therefore, I, the said Justice, as aforesaid, do, in pursuance of 
 the authority to me given by the statute concerning "Attachments 
 against debtors confined for crimes," appoint M. N. and 0. P., two 
 fit persons, to be Trustees of the estate of the said C. D., with such 
 powers concerning the estate of the said C. D., as are conferred by 
 the said statute. 
 
 Given imder my hand and seal, this day of, &c. 
 
 D. P. [l. 8.] 
 
 § 417. Oath of Trustees of the Estates of Debtors. 
 
 We, M. N. and 0. P., appointed Trustees of the estate of C. D., 
 a debtor confined for crime, [or, as the case may Je,] do swear, and 
 each for himself doth swear, that he will well and truly execute the 
 trust,, by his appointment reposed in him, accordiag to the best of 
 his sldll and imderstanding. . M. N. 
 
 Sworn, (fee, [as in § 389.] O. P. 
 
CHAPTER XVI. 
 DOWEE. 
 
 PRACTICAL REMARKS. 
 
 1. A -widow is entitled to dower of the third part of all lap ds 
 whereof her husband was seized of an estate of inheritance, at any 
 time during the marriage. In case of divorce, for misconduct of the 
 wife, dowei^ is -forfeited; it is also barred by a pecuniary provision, 
 made for the benefit of an intended wife, and in Ueu of dower, if 
 assented to by her; and where an estate in lands is conveyed to a 
 person and his intended wife, for the purpose of creating a jointure 
 for her, with her assent, to be signified by becoming a party to the 
 conveyance ; or, if an infant, by joining with her father or guardian, 
 in such conveyance ; such jointure will be a bar to any right or claim 
 of dower, in any lands of the husband. So also a devise, or legacy, 
 in lieu of dower, which is accepted, is a good bar.' 
 
 2. A testamentary provision in favor of a wife, where the inten- 
 tion of the testator is doubtful, may be accepted without forfeiting 
 dower.' 
 
 3. Where a mortgage of lands is executed by the husband before 
 marriage, unless it be for the purchase money, the widow is entitled 
 to dower as against all persons except the mortgagee and those claim- 
 ing under him ; if a mortgage be executed after marriage, for the 
 purchase money, the widow wiU not be entitled to dower as against 
 the mortgagee or those claiming under him, except that where the 
 premises are sold by virtue of the mortgage, after the death of the 
 husband, and there be surplus moneys left after satisfying the mort- 
 gage, she wiU be entitled to the interest or income of one-thh-d of 
 such surplus during her life.' 
 
 1 2R. S. (3de(i.)26,§li Id.,27,5§a-ll- 
 1 Johnson, 30! ; 10 Id., SO ; 7 Cowen, 287 ; 10 
 Wendell, 486 : 11 Id., 592 ; 16 Id., 61 ; 24 Id., 
 193 ; 3 Hill, 95 : 6 Id., 482 : 1 Paige, 634 ; 2 
 111., 669; 7 Id., 259. 
 
 ' 2 Denio, 430. 
 
 s 2R. S. (3ded.)26, 55 4, 6; Id.,27,§ B 
 1 Barbour's S. C. Rep , 399. 
 
DOWER. 
 
 223 
 
 4. A widow is not entitled to dower in lands conveyed to her hus- 
 band by way of mortgage, unless he acquire an absolute estate there- 
 in, during the marriage.' 
 
 5. A woman who has obtained a divorce a vinculo matrimonii, for 
 the adultery of her husband, is not entitled to dower in his real es- 
 tate, after his death." 
 
 6. No act of the husband alone subsequent to marriage, wiU affect 
 the right of dower of his widow, but subsisting liens or incumbrances 
 have the preference over her right." 
 
 7. Where a husband exchanges lands, in which he is seized of an 
 estate of inheritance, for other lands, his widow is not entitled to dower 
 in both, but must make her election in one year ; otherwise, it wiU be 
 presumed that she elects to take her dower of the lands received in 
 exchange.* 
 
 8. The widow of any alien, who, at the time "of his death, was 
 entitled to hold any real estate, if she be an inhabitant of this State 
 at the time of such death, is entitled to dower of such real estate.' 
 
 9. Any woman, being an alien, who has married, or may marry, 
 a citizen of the United States, wiU be entitled to dower in the real 
 estate of her husband within this State, in the sanle manner as if she 
 were a citizen of the United States.' 
 
 10. In a doubtful case, where the right to dower depends upon 
 the possession of the husband, the actual possession must be shown, 
 and it must appear that he claimed to be the owner of the premises, 
 and exercised acts of ownership.' 
 
 11. A married woman under the age of twenty-one years, cannot 
 bind herself by deed so as to bar her right of dower.' 
 
 12. A widow of a mortgagor is dowable of the equity of redemp- 
 tion, except where the time of redemption is past before the marriage 
 takes place.' 
 
 13. Where lands have been alienated by the husband, in his life- 
 time, the widow is entitled to so much as shall be equal in value to 
 one-third of the value of the lands at the time of the conveyance by 
 the husband." 
 
 14. A widow may release her right of dower, but she cannot con- 
 vey or assign the same, before the assignment be made. The heirs 
 or owners may, on the other hand, assign her dower, without insti- 
 tuting any legal proceedings." 
 
 1 2R. S. (3ded.) 2/, 5 7. 
 
 3 4 Barbour's S. C, Rep., 192. 
 
 3 3 Barbour's S. C. Rep., 319. 
 
 4 2 R. S. (3d. ed.) 26, S3. 
 
 » 2 R. S. (3d. ed.) 26, S2; 1 Johnsen's Gas., 
 27; 1 Cowen, 89; 12 Wendell, 66; 4 Kent's 
 Commentaries, (2d ed. ) 36. 
 
 • Laws of 1845, chap. 116. 
 
 ' B Cowen, 301; 17 Wendell, 164; 2 HilU 
 303, 341. 
 
 ' 1 Barbour's S. C. Rep., 399. 
 
 » 6 Cowen, 316; 14 V?endell, 233; 19 Id., 
 162; 4 Kent's GommentarieB, (2d ed.) 44, 45, 
 
 "2 Johnson, 484; Uld^Bl; 13 Id., 179: 
 10 Wendell, 485: 4 Kent's eommentaries,(2d 
 ed.) M, 70. 
 
 " I Barbour's S. C. Bop., 399; 3 Id. . 319. 
 
224 NEW CLERK'S ASSISTANT. 
 
 -1 5. Any widow who shall not have had her dower assigned to her, 
 within forty days after the decease of her husband, may apply by 
 petition, to the Supreme Court, or the County Court of the county 
 in which the lands lie, or to the Surrogate of the same county, for 
 the admeasurement of her dower. A copy of such petition, with no- 
 tice of the time and place when it will be presented, must be served, 
 at least twenty days previous to its presentation, upon the heirs of the 
 husband, or upon the owners of the land subject to dower, claiming a 
 freehold estate therein ; or upon the guardians of such heirs, or own- 
 ers, as "are minors. Such notice may be served personally : or, in 
 case of the temporary absence of the party to be served, by leawng 
 the same with any person of proper age, at the last residence of such 
 party. If any heir or owner reside out of the State, the notice may 
 be served upon the tenant occupying the lands ; or, if there be no 
 tenant, by publishing the same for three weeks successively, in some 
 newspaper printed in the county where such lands are situated.' 
 
 16. The Court or Surrogate may, on application, appoint guardians 
 for minors, if necessary; and notice of the application must be ser- 
 ved on the guardian, whether the infant reside in this State or not.'' 
 
 17. After the expiration of forty days from the death of the hus 
 band, his heirs, or the owners of land subject to dower, may, by 
 notice in writing, require the widow to make demand of her dower, 
 within ninety days after the service of such notice. If this notice 
 be disregarded, and no proceedings be instituted by the widow for 
 the recovery of her dower; or if no such proceedings be had with- 
 m one year after the husband's death, where no notice has been 
 given ; the heirs or owners, as aforesaid, may apply, by petition, foi 
 the admeasurement of her dower, to the Supreme Court, County 
 Court, or Surrogate. A copy of such petition, with notice of the 
 time and pla^e of its presentation, must be personally served on the 
 widow, twenty days before the pi'esentation.' 
 
 18. Upon such application being made, either by a widow, or by 
 an heir or owner, or by the guardian of such heir or owner, the 
 Court, or the Surrogate, to whom the same is made, may order an 
 admeasurement of the widow's dower; and shall thereupon appoint 
 three reputable and disinterested freeholders, as commissioners for 
 the purpose of making such admeasurement. After taking the re- 
 quired oath, the commissioners so appointed will proceed to admea- 
 sure and lay oflF the one-third part of the lands embraced in the 
 order, as the dower of the irtdow, designating such part with posts, 
 stones, or other permanent monuments. In making such apportion- 
 ment, the commissioners must take into consideration any permanent 
 
 1 2 R. S. (3d ed.) 682, 5§ 1-3; Laws of 1849, I a 2 R. S. (3d ed.) S83, 5§ 4, 5. 
 chap. 438, Part I, title 1 , 5 30, sub. 4: 4 Wen- a 2 R. S. (3d ed.) 683, §§ 6-8. 
 leU, 630; 12 Id., 138. I 
 
DOWER. 225 
 
 improvements made since the death of the husband, by any heir, 
 owner, or guardian ; and, if practicable, award such improvements 
 within that part of the lands not allotted to the widow; and if not 
 practicable, they shall make a proportionate reduction therefor, from 
 the lands so allotted to her. The commissioners are also required to 
 make a full and ample report of their doings, to the Court or Surro- 
 gate appointing them; in which report, flie quantity, courses, dis- 
 tances, posts, stones and other permanent monuments, of the 
 premises, must be particularly described and set forth. They may 
 employ a surveyor, with necessary assistants, to aid then* in the 
 admeasurement' 
 
 19. Within thirty days after the confirmation of the admeasure- 
 ment by a Coimty Court, or Surrogate, any party aggrieved may 
 appeal to the Supreme Court, on giving a bond, to be approved by 
 the County Judge, or Surrogate, in the penal sum of one hundred 
 dollars ; and the Supreme Court shall then proceed to hear and de- 
 termine the said appeal, and to review all the proceedings upon the 
 application, and do therein what shall, be just," 
 
 20. Real estate assigned to a widow as dower cannot be sold un- 
 der the order of a Surrogate, for the payment of debts owing by 
 her deceased husband.* 
 
 FORMS. 
 
 § 418. Assignment of Dower. 
 This indenture, made the day of, &c., between R B., son 
 
 and heir of A. B., late of, &c., of the one part, and M. B., who is 
 the widow of the said A. B., [or, C. D., and M., his wife, (late M. 
 B.,) who was the widow of the said A. B.,] of the other part: 
 Whereas, the said A. B. was, in his lifetime, and at the time of his 
 death, seized in his demesne, as of fee, of and in divers lands and 
 tenements in , in the county aforesaid, which, upon the de- 
 
 cease of the said A. B., descended unto the said K B. : Now, there- 
 fore, this indenture witnesseth, that the said R B. hath endowed and 
 assigned, and by these presents doth endow and assign, imto the said 
 M. B., [or, as aforesaid,'] the third part of the said lands and tene- 
 ments, to wit: [description:] To have and to hold the said premises 
 unto the said M. B., [or, as aforesaid,] for and duiing the natural life 
 
 1 2 R. S. _(_3d ed.) 583, 684, §§ 9-l'|| 1 Cow- 1 _» 2 R. S. (3d ed.) 685, 686, §5 ',8-27j 2 Hill, 
 
 en, 476; 4 WendeU, 630; 8 Id., 460; 10 Id., 544. 
 480; 2 Bill, 644. > 2 Comstock, 246. 
 
 15 
 
226 NEW CLERK'S ASSISTANT. 
 
 of the said M., m severalty, by metes and bounds, in the name of 
 dower, and in recompense and satisfaction of all the dower which the 
 said M. ought to have, of or in the said lands and tenements which 
 were of the said A. B., in , aforesaid. 
 
 In witness whereof, the said E. B. hath hereunto set his hand and 
 seal, the day of , in the year eighteen hundred 
 
 and 
 
 Sealed, signed and delivered, ) EJ» B. [l. s.J 
 
 in presence of \ 
 
 • G. H. 
 
 § 419. Release of Dower to the Heir. 
 
 T^oir all men, (fee. : That I, M. B., (fee, relict of A. B., late of, 
 (fee, as well for and in consideration of the sum of dollars, 
 
 to me paid, by my son, R B. of, (fee, as for the love and affection 
 which I have to my said son, have granted, remised, released, and 
 forever quit-claimed, and by these presents do grant, remise, release 
 and quit-claim, unto the said E. B., his heirs and assigns, forever, 
 all the dower and thirds, right and title of dower and thirds, and aU 
 other right, title, interest, property, claim and demand, whatsoever, 
 in law and in equity, of me, the said M. B., of, in and to, \descrip- 
 tion;~\ so that neither I, the said M. B., my heirs, executors, or 
 administrators, nor any other person pr persons, for me, them, or an4^ 
 of them, shall have, claim, challenge, or demand, or pretend to hav^ 
 claim, challenge, or demand, 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 excluded forever, by 
 these presents. 
 
 In witness whereof, I have hereunto set my hand and seal, the 
 day of, (fee, {as in § 418.] 
 
 § 420. Petition for Dower. 
 To the Supreme Court of the State of New York: \or. To the 
 County Court of the County of, (fee. ; or. To the Surrogate of 
 the County of :]* 
 
 The petition of M. B., of, <kc., widow of A. B., of, <fec., deceased, 
 respectfully showeth, that her said husband died on the day 
 
 of ,18 , at, (fee, leaving an estate in fee belonging to him 
 
 when he died, in and to [describe the real estate f\ that she has not 
 nad her dower therein assigned to her, within forty days after the 
 decease of her said husband, nor at anytime since. Wherefore, she 
 respectfully applies to this honorable Court, [or, to the said Surro- 
 gate! for the admeasurement of her said dower. Dated, ifec. 
 ^ ^ M.R 
 
 B. F. H., Attorney. 
 
DOWER. 227 
 
 § 421. 'Notice to be Annexed to Petition. 
 To \insert the names of the heirs or owners ;] 
 
 Please take notice that a petition of which the above is a copy, 
 will be presented to \name the Oourt or Surrogate^ on the 
 day of , 18 ) ^^i ^-i ^''^^ ^^ ^ motion will then and there 
 
 be made to grant the same. Dated, &c. 
 
 M. B. 
 R. F., Attorney. 
 
 § 422. Notice hy Heirs or Owners, if Widow does not Apply. 
 To M. B., widow of, dsc: [or if she has a second husband, address 
 it to both-] 
 Please take notice, that the subscribers, who, as heirs of A. B., 
 deceased, \or, as owners,] claim a freehold estate in and to the fol- 
 lowing real estate, [description,] require you to demand your dower 
 therein, within ninety days after the service of this notice. Dated, 
 &c. [Siffnatitres.] 
 
 § 423. Petition by Heirs or Owners. 
 To, &c., \as in § 420, to the *, and then continue as follows ;] 
 
 The petition of, &c., [naming the heirs,] heirs of A. B., deceased, 
 late of, &c., [or, owners of the real estate hereinafter mentioned, for 
 merly belonging to A. B., of, &c.,] respectfully showeth : That the 
 said A. B., died on, &c., at, &c., leaving an estate in fee belonging te 
 him when he died, in and to all, [description;] in which said pre- 
 mises M. B., the widow of the said A. B., is entitled to dower; that 
 the said M. B., has not had her dower therem assigned to her within 
 ninety days after the decease of her said husband, nor at any time 
 since ; nor has she made any application, or instituted any proceed- 
 ings, for the recovery of the said dower: wherefore, the undersigned 
 petitioners respectfidly apply to this honorable Court [or, to the said 
 Surrogate] for the admeasurement of the dower of the said M. B. 
 Dated, &c. [Signatures.] 
 
 § 424. Order for Admeasurement of Dower. 
 On hearing Mr. D. W., for M. B., widow of, &c., and Mr. C. M., m 
 opposition thereto, and on reading and filing the petition of, &c., and 
 the notice accompanying the same, and an affidavit of the due ser- 
 vice of the said petition and notice on [rmme the persons;] this court 
 doth order admeasurement to be made of the dower of the said M. 
 B., in and to [describe the lands;] and C. D., E. F., and L. M., three 
 reputable and disinterested freeholders, are hereby appointed com- 
 missioners for the purpose of making the admeasurement herein di 
 
228 UEW CLERK'S ASSISTANT. 
 
 rected, and are required to make report of their proceedings therein 
 to this court, with all convenient speed. 
 
 D. W., for the widow. 
 
 C. M., in opposition. 
 
 § 425. Oath of Commissioners. 
 We, C. D., E. R, and L. M., appointed commissioners by a rule, 
 [or, order,] a copy whereof is hereunto annexed, do swear that we 
 will faithfully, honestly and impartially, discharge the duty, and exe- 
 cute the trust reposed in us by the said appointment 
 Sworn to, this day of , ) C. D., J 
 
 18 , before me, J E. F., V Commissioners. 
 
 Gr. H., Justice of the Peace. L. M., ) 
 
 § 426. Report of the Commissioners. 
 To [the Court, or Surrogate i] 
 
 We, the undersigned, appointed commissioners, under and by vir- 
 tue of a rule, \or, order,] a copy whereof is hereunto annexed, do 
 respectfully report, that we proceeded to admeasure and lay oflj as 
 speedily as possible, after the said rule or order, the one-third part 
 of the lands embraced in the order for our appointment, as the dower 
 of M. B., named therein, designating such part with posts, [or, with 
 stones; or, with permanent monuments;] and in doing so, we took 
 into view the permanent improvements made on the said lands by 
 ally heir, guarcfian of minors, or other owners, since the death of the 
 husband of the said M. B., [or, smce the alienation thereof by the 
 [first] husband of the said M. B.,] and we found it [not] practicable 
 to award such improvements within that part of the said lands not 
 allotted to the said M. B. : [If not practicable, add: and therefore 
 we made from the lands allotted to the said M. B., a deduction pro- 
 portionate to the benefit she will derive from such part of the said 
 improvements as is included in the portion assigned to her.] We fur- 
 ther report, that we employed 0. P., a sworn and sMUfuI surveyor, 
 with necessary assistants, to aid us in making the said admeasure- 
 ment; and we further report, that [insert a full and ample statement 
 of the proceedings, with the quality, courses and distances, of the 
 iand admeasured and allotted to the widow, a description of the posts, 
 stones, or other permanent monuments thereof, and the items of the 
 commissioners' charges.^ 
 
 Given un.der our hands, at, &c., on, &c. 
 
 [Signatures and «ea&.] 
 
DOWER. 229 
 
 § 427. Appeal to Supreme Court. 
 To [the County Court, or Surrogate ;] 
 
 Please to fake notice, that I hereby appeal to the Supreme Court 
 of the State of New York, from [state the order, at large.'] 
 Dated, &c. 
 
 M. B., \or, as the case may he!\ 
 G. U., Attorney. 
 
 §428. Bond on Appeal. 
 
 Know all men by these presents : That I, M. B., of (he town of 
 in the county of , and State of New York, am held and 
 
 firmly bound unto C. B., of the same place, in the sum of one hun- 
 dred dollars, lawful money of the United States, to be paid to the 
 said C. B., his executors, administrators, or assigns ; for which pay- 
 ment, well and truly to be made, I bind myself, my heirs, executors 
 and administrators, firmly by these presents. 
 
 Sealed with my seal Dated the day of , one IJiousand 
 
 eight himdred and • . 
 
 The condition of this obligation is such, that if the said M. B. shall 
 dilligenily prosecute a certain appeal from [here describe the order, 
 dkc, appealed from f] and shall pay all costs which may be adjudged 
 by the Justices of the Supreme Court of the State of New York, 
 against the said M. B., on such appeal, then this obligation to be void; 
 otherwise, to remain in full force and virtue. 
 Sealed and delivered, ) M. B. [l. s."1 
 
 in presence of ) 
 G.H. 
 E.F. 
 , The security iu this bond is approved. Dated, &c. 
 
 J. P. H., Comity Jndge, &&, [or, Surrogate.] 
 
CHAPTER XVn. 
 EXCISE. 
 
 PRACTIOAL REMARKS. 
 
 1. Thg Supervisor of every town, and the Justices of the Peace 
 resident therein, are Commissioners of Excise for their town; three 
 of them, consisting of the Supervisor, and and two of the Justices, 
 are competent to execute the powers vested' in the board. If the 
 oflBce of Supervisor be vacant, then any three of the Justices may 
 form a board. If there be not ' two Justices in the town, then any 
 two Justices of a neighboring town may be associated by the Super- 
 visor with him.' 
 
 2. The Commissioners of Excise are to meet on the &st Monday 
 of May, in each year, in their respective- towns, and on such other 
 days as the Supervisor shall appoint, at such place as shall be desig- 
 nated by him ; or, in case his ofiSce be vacant, on such other days, 
 and at such places, as the Justices of the Peace of the town may 
 appoint' 
 
 3. Boards of Excise are required to keep a book of minutes of 
 their proceedings, in which shall be entered every resolution granting 
 a license to any person ; which minutes shall be verified by their 
 signatures, and filed with the Town Clerk within five days.' 
 
 4. The Board of Excise of any town, or city, has the power to 
 grant Ucenses to keepers of inns and taverns, being residents of their 
 town, or city, to sell strong and spirituous liquors and wines, to be 
 drank in their houses respectively ; and to grocers, being such resi- 
 dents, licenses to sell such liquors or wines, not to be drunk, however, 
 in their shops, houses, out-houses, or gardens.* 
 
 5. Licenses to keep taverns may also be granted, without.including 
 a Ucense to sell strong or spirituous Uquors, wines, or alcoholic drinks : 
 and in all such cases the restriction must be expressed on the face 
 of the license.' 
 
 U R. S. (3d ed.,) 852, & 1 : 1 Johnson, 500 ; I ^ 1 R. S. (3d ed.,) 882, } 3 j 1 Hill, 6BB. 
 2JohiiBOn'BCas.346. ^ 1 R. S. (3d ed.,) 852, §4; 15 Wendell, 260 
 
 > 1 R. §. (3d ed.,) 852, § 2 | » Laws of 1843, chap. 9r. 
 
TiXCISE. 
 
 "231 
 
 .6. Commissioners of excise are not allowed to receive any fee 
 whatsoever, from applicants for licenses.^ 
 
 7. Ale and strong beer ai-e included in the terms " strong and 
 spirituous Uquors," as used in the Revised Statutes.' 
 
 8. Before any license can be granted, the applicant must execute 
 a bond to the people of this State, in the penal sum of one hundred 
 and twenty-five dollars, and with a suflSoient surety, to be approved 
 by the board, conditioned as in one of the forms hereinafter given , 
 which bond is to be filed in the oflSce of the Town Clerk, within five 
 days after the execution thereof Where a license is to be granted 
 to any person to sell strong and spirituous liquors and wines, to be 
 drank in the house of the seller, the board must be satisfied that he 
 is of good moral character ; that he is of sufficient ability to keep a 
 tavern ; that he has the necessary accommodation for travelers ; and 
 that a tavern is absolutely necessary for the actual accommodation 
 of travelers, at the place where such applicant resides, or proposes 
 to keep the same ; all which must be stated in every such license." 
 
 9. A board of excise, under the laws now in operation, until the 
 actual entry of a resolution to grant a license, have a large discretion 
 t9 exercise on the subject of gi'antingor refusing licenses, with which 
 our courts will not interfere.* 
 
 10. It is not necessary, where the Supervisor and two Justices 
 fonn a board of excise, that aU should sign a license ; if signed by 
 any two Commissioners, at a regular meeting of the board, the license 
 is valid.' 
 
 11. When a license is duly granted and issued, it continues in 
 force, tmless sooner revoked, till the day after the first Monday in 
 May in the succeeding year.* 
 
 12. No person, who has not at the time a license to keep a tavern, 
 can erect, put up, or keep up, any sign indicating that he keeps a 
 tavern, without subjecting himself to the penalty of one dollar and 
 twenty-five cents for every day such sign shall be kept up.' 
 
 13. A person who selk Hquor without a license, in violation of 
 the excise law, cannot recover payment for the same of the pur- 
 chaser.' 
 
 14. The sale of spirituous liquors, or intoxicating drinks, to any 
 Indian residing in the State of New York, is eicpressly forbidden by 
 the laws thereof; and any person violating the same is guilty of a 
 misdemeanor, and liable to be punished by fine and imprisonment' 
 
 1 Lawa of 1843, chap 97. 
 
 ' 3 Denio, 43. 
 
 » 1 R. S.(3ded.,)863, §57,8: Id., 864, §15; 
 14 Johnoon, 231 ; 8 Cowen, 130; 1 Hill, 655. 
 
 MR. S. C3d ed.,) 8S3, §4; 16 Wendell, 
 260, ; i Hill, 66S ; 1 Denio, 540. 
 
 ' 1 Johnson, 500. 
 
 • 1 R. S. (3d ed.,) 863, 5 6; 11 Johnson, 
 179 : 2 Johnson's Cas., 346 ; 1 Denio, 149. 
 
 7 Laws of 1843, chap. 97. 
 
 8 3 Donjo, 2S6. 
 
 9 Laws of 1849, chop. 4£0. 
 
232 NEW CLERS'S ASSISTAIIT. 
 
 FORMS. 
 
 § 429. Notice of ^v^ervisor for Special Meeting of the Cemrm- 
 sioners of Excise} ■ 
 To H. R F., Esq., one of the Justices of the Peace of the town 
 
 of : 
 
 Tou are hereby notified, that a meeting of the Commissioners of 
 excise of said town, ■will be held at my office, [or, at the house of H 
 C.,] on the day of instant, at ten o'clock in the 
 
 forenoon, for the purpose of acting upon such business as may be 
 brought before them. Dated , July 10, 1847. 
 
 Yours, &c., E. W., Supervisor. 
 
 § 430. Form of Minutes of Board of Excise. 
 At a meeting of the Commissioners of excise of the town of 
 in the county of , held on the . day of 
 
 18 : Present A. B., Supervisor of the town. 
 
 ■ '* f- Justices of the said town. 
 
 . H., ) 
 T., p 
 
 Resolved, That licenses be granted to the following persons, to 
 retail strong and spirituous liquors and wines ; and that the sum to 
 be paid for each license, be the sum put opposite the name of such 
 person, to wit : 
 
 L. M., as a Tavern Keeper. 
 0. P., as a Grocer. 
 \Insert the sums opposite each name.^ 
 Resolved, That licenses be granted to the following persons to keep 
 taverns, imder the provisions of the act entitled " An act authorizing 
 licenses to keep taverns, without including a license to sell spmts, 
 and to abolish fees for the same," passed April 12, 1843, to wit: 
 *■ C. D., as a Tavern Keeper. 
 
 E. F., do. do. 
 
 In witness whereof we, the said Commissioners, have hereimto 
 subscribed our names, the day and year above vrritten. 
 
 A. B., Supervisor. 
 
 &c.f&c.,}'^^'^°'''- 
 
 « In most of the incorpoTated Tillages in 
 this State, the boards of Trustees are, ex 
 eMcio, commiBHioners of excise. Special 
 meetings are called by the President of the 
 board, and Uie pioceedings are conducted in 
 
 the same manner as in towns. The forms 
 herein given may be readily made applicable, 
 by changing the oflicia] aesignatioii of the < 
 members of the board. In cities, licer^es are 
 granted by the Mayors and Aldermen. 
 
EXCISE. 233 
 
 § 431. License for Tavern Keeper to Sell Spirituous Liquors. 
 
 We the undersigned, forming a boaxd of Cominissioners of excise 
 for the town of , in the county of , having been 
 
 applied to by L. M., a resident of the said town, who purposes tp 
 keep an inn or tavern at • , in the said town of , for a 
 
 license to sell strong and spirituous Uquors and wines, to be drank in 
 his [or, her] house ; and being satisfied that he [or, she] is of good 
 moral character, and of sufficient ability to keep a tavern, and that 
 he [or, she] has the necessary accommodations to entertain travellers, 
 and that a tavern is absolutely necessary for the actual accommoda- 
 tion of travellers, at the place where he [or, she] purposes to keep 
 the same ; and for which he [or, she] has paid a duty of 
 dollars, determined by us ; we do therefore grant this license, and 
 authorize him [or, her] to sell strong and spirituous hquors and wines, 
 te be drank in the inn or tavern to be kept at the place above men- 
 tioned. This Ucense is to be in force until the day after the fii-st 
 Monday in May next 
 
 In witness whereof, we have hereunto subscribed our names, the 
 day of , 18 . A. B., Supervisor. 
 
 § 432. Bond of Tavern Keeper, on License to Sell Spirituous 
 Liquors, with Certificate. 
 
 Know all men by these presents: That we, L. M. and E. R, of, 
 &c., are held and finnly bound unto the people of the State of New 
 York, in the sum of one hundred and twenty-five dollars, to be paid 
 to the said people ; for which payment, well and truly to be made, 
 we bind ourselves, our and each of our heirs, executors and admin- 
 istrators, jointly and severally, firmly by these presents. 
 
 Sealed with our seals. Dated the day of , one 
 
 thousand eight hundred and .* 
 
 Whereas, the said L. M. intends keeping an inn or tavern, at 
 , in the town of , in said county of , and 
 
 has applied for a license to sell strong and spirituous liquors and 
 wines, to be drank in the said inn or tavern, to be kept as aforesaid : 
 Now, therefore, the condition of this obligation is such, that if the 
 said L. M., during the time he shall keep an inn or tavern, wiU not 
 suflfer it to be disorderly, or suffer any cock-fighting, gaming, or play- 
 mg with cards or dice, or keep any billiard table, or other gaming 
 table, within the tavern by him so kept, or m any out-house, yard, or 
 garden, belonging thereto, then this obligation to be void; else to re- 
 main in force. 
 
 Signed, sealed and delivered, ) L. M. [l. s.] 
 
 m presence of J E. F. jL. s.] 
 
 GK H. 
 &c.> dec 
 
234 NEW CLERK'S ASSISTANT. 
 
 We, the undersigned, forming a board of Commissioners of excia 
 for the town aforesaid, approve of the security to the above bond, a* 
 Bufficient for the purposes intended. 
 
 A. B., Supervisor. 
 
 • &c.!&c., (jiistices. 
 
 § 433. License for Tavern deeper, under Act of 1843. 
 
 We, the imdersigned, forming a board of Commissioners of excise 
 for the town of , in the county of , having been ap- 
 
 plied to by C. D., a resident of said town, who purposes to keep an 
 inn or tavern at , in the said tovm, for a license to keep such 
 
 tavern, without including a license to sell strong or spirituous hquors, 
 wines, or alcoholic driiiks; and being satisfied that he is of good 
 moral character, and of sufficient ability to keep a tavern, and that he 
 has the necessary accommodations to entertain travellers, and that a 
 tavern is absolutely necessary for the actual accommodation of tra- 
 vellers, at the place where he purposes to keep the same ; we do 
 therefore grant this license, and authorize him to keep an inn or tav- 
 ern at the place above mentioned; provided, however, that no strong 
 or spirituous liquors, wines, or alcoholic drinks, shall be sold by the 
 said C. D., under or by virtue hereof. This license is to be in force 
 until the day after the first Monday in May next 
 
 In witness, (fee, [as in § 431.] 
 
 § 434. Bond for Obtaining License, under Act of 1843. 
 
 Know all men, &c., [as in § 432 to the *, and then add:^ Whereas, 
 the said L. M. has apphed for a license to keep an inn or tavern in 
 the town of , in the said county of , without including 
 
 a license to sell strong or spirituous liquors, wines, or alcohoHc drinks, 
 in such inn or tavern : 
 
 Now, therefore, the condition -?/ mt wuugation is such, that, &c., 
 [as in § 432, to the end'] 
 
 § 435. Grocer's License. 
 We, the undersigned, forming a board of Commissioners of excise 
 for the town of , in the county of , having been 
 
 applied to by 0. P., a resident of said town, who pui-poses to keep a 
 grocery at , in the said town, for a license to sell strong and 
 
 spirituous liquors and wines, in quantities less than five gallons, and 
 for which he has paid a duty of dollars, determined by us ; 
 
 and being satisfied that he is of good moral character; we do there- 
 fore grant this license, authorizing him to sell strong and spirituous 
 liquors and wines, m quantities less than five gallons, but not to be 
 
EXCISR aSf) 
 
 drani in Ms shop, house, out-house, yard or garden , and it is ex- 
 pressly declared, that this Ucense shall not be deemed to authorize 
 such sale of any liquors or wines, to be drank in the house or shop 
 of the said 0. P., or in any out-house, yard, or garden, appertaining 
 thereto, or connected therewith. This Ucense is to be in force until 
 the day after the first Monday in May next 
 In witness, &c., [asm § 431.] 
 
 § 436. Grocer's Bond. 
 
 Know aUmen, &c., [as is § 432 to the *, and then add/] Whereas, 
 the said 0. P. has apphed for a license to sell strong and spirituous 
 liquors and wines, at his grocery, in the town aforesaid : Now, there- 
 fore, the condition of this obligation is such, that if, during the term 
 for which his license shall be granted, he will not suflfer his grocery 
 to become disorderly; that he wiU not sell, or suffer to be sold, any- 
 strong or spirituous liquors or wines, to be drank in his shop, or 
 house, or in any out-house, yard or garden, appertaining thereto ; 
 and that he wiU not suffer any such liquor, sold by virtue of such 
 license, to be drank ia his shop or house, or in any out-house, yard, 
 or garden, belongmg thereto, then this obligation to be void; else, tc 
 i-emain in force.' 
 
 Signed, sealed, &c., [as in § 432.] 
 
 ^ For the canificata of tppnTsl, ••• § tiS. 
 
CHAPTEE XVm. 
 
 FEES OF OFFICilRS. 
 
 PRACTICAL EEMARKS. 
 
 1. No judicial officer, except Justices of the Peace, can receive, to 
 his own use, any fees or perquisites of office.' 
 
 2. No officer, or other person, to whom any fee or compensation is 
 allowed by law for any service, can take, or receive, any other, or 
 greater fee or reward, for such service, but such as is or may be allowed 
 by law. No legal fee or compensation can be demanded, or received, 
 by any officer or person, for any service, unless such service was actu- 
 ally rendered by him ; but any officer may demand the fee allowed 
 to l^im by law for any service, for which he is entitled to require 
 payment, before rendering the sa,me.' 
 
 3. County Judges and Surrogates are forbidden to perform any 
 official services, unless upon prepayment of the fees and perquisites 
 imposed by law.* 
 
 4. No fee can be charged by any officer for administering the oath 
 of office to any member of the Legislature, to any Inspector of Elec- 
 tions or to any town officer ; and no more than twelve and a half 
 cents can be charged for administering such oath to any other officer.* 
 
 5 Upon the settlement of any execution by a defendant, or upon 
 settling any suit or demand, the Sheriffj or Attorney, claiming any 
 fees which shall not have been taxed, may be required by the defen- 
 dant, on his paying the expense thereof, to have his fees taxed by 
 some proper officer of the court in which the action may be pending, 
 or from which the execution shall have been issued ; otherwise, such 
 fees are not collectible.' 
 
 6. If a Justice render judgment for a greater amount of costs 
 than is allowed by .law, or for any item of costs, or fees, improperly 
 
 1 Amended Constltattonof New York, Art f » L&wa of 1849, chap. 95. 
 VI, 5 29. * 2 E. 8. (3d ed.,) lk, % IT. 
 
 a 2 B. S. (8d ed.,) T«, §| B, 6 ; 6 Oowen, » 2 E. S. (8d ed.,) T48, §§ 1, 2. 
 
 «61 ; 15 WendeU, 45^ 28 Id., 67; 26 Id., 451 ; 
 lDeiiio,6B8;2Paise,4T5. ' 
 
FEES OF OFFICERS. 
 
 237 
 
 and the same be collected, the person paying the same may recorer 
 of the party who shall haye received such costs, or fees, the amount 
 thereof, with interest' 
 
 7. All Clerks and Registers of counties, claiming Say fees by vir- 
 tue of their respective offices, upon being required in writing by the 
 party Hable to pay the same, his agent or attorney, and on pajrment 
 of the expense thereof, must have flieir fees taxed by some officer au- 
 thorized to tax costs in the Supreme Court ; and either party may 
 appeal from such taxation to the Supreme Court No Clerk or Re- 
 gister can collect any fees, after having been required as aforesaid, 
 without the same are taxed." 
 
 8. In order to entitie a SheriflF, or Constable, to his poundage upon 
 an execution, he must levy the money, or take the body of the de- 
 fendant, except he be prevented by the act of the plaintiff, or the 
 operation of law.' 
 
 9. A Sheriff, or Constable, can only charge mileage for the actual 
 travel, where there are several defendants in one process, who reside 
 at the same place.* 
 
 10. Witnesses who do not attend in obedience to a subpoena, are 
 not entitled to fees, and the party paying them can recover back the 
 money.' 
 
 11. No town officer is entitled to be allowed any per diem com- 
 pensation for his services, imless expressly provided by law.° 
 
 12. No travel fees for travelling to subpoena a witness beyond the 
 limits of the county in which the subpoena was issued, or of an ad- 
 joining county, will be allowed, unless it is made to appear to the 
 board auditing the account, by satisfactory proof, that such witness 
 could not be subpoenaed, without additional travel ; nor wUl any tra- 
 vel fees for subpoenaing witnesses be allowed, except such as the 
 board shall be satisfied were absolutely necessary.' 
 
 FORMS 
 
 § 437. Arbitrator's Fees. 
 No provision is made by statute for the fees of Arbitrators. The 
 usual custom, however, is to charge the same fee allowed to referees 
 
 12R. S. (3d cd.) 361, § 236. 
 2 Laws of 1844, chap. 127. 
 J 5 .fohnson, 262; 2 Cowen, 421. 
 » 1 Weudel), 104. 
 
 » 5 Wendell, 107; 3 Hill, 457; 4 Id., BOB. 
 « Laws of J84S, chap. 180, § 23. 
 1 Laws of IBIB, chap. 180, 5 27; 1 Denio, 
 653. . 1 . . 
 
238 
 
 HEW CLERK'S ASSISTANT. 
 
 appointed by a court of record, viz : for each day necessarily spent 
 in' the business of the reference, three dollars to each referee, to be 
 paid on making the report, or award, by the prevailing party. A 
 different compensation, however, may be agreed on, in writing, by 
 the parties. 
 
 § 438. Assessor's Fees. 
 For each day actually and necessarily devoted to the service of -the 
 town, one dollar and twenty-five cents. 
 
 § 439. Auctioneer's Commission. 
 Not exceeding two and one-half per cent on the amount of any 
 sales, unless in pursuance of a previous agreement, in writing, 
 between the auctioneer and the owner, or consignee, of the goods or 
 effects sold. 
 
 § 440. Broker's Fees. 
 
 Fifty cents for brokage, soliciting, driving, or procuring, the loan 
 or forbearance of one hxmdred dollars for one year, and in that pro- 
 portion for a greater or lesser term. 
 
 Thirty-eight cents for making or renewing any bond, bUl, note, or 
 other security, given for such loan or forbearance, or for any counter 
 bond, bUl, note, or other security, concerning the same. 
 
 § 441. County Clerk's Fees. 
 
 For a trial fee, to be paid by the party bringing on an action, one 
 dollar. 
 
 For entering judgment by filing transcript, six cents. 
 
 For entering judgment in a civil action, fifty cents, except in courts 
 where the .clerk is a salaried officer, and m such cases one dollar. 
 
 For copies of all papers and proceedings in civil actions, five cents 
 for every one hundred words. 
 
 For every certificate, twelve and a half cents; but not to be 
 allowed for certifying a paper to be a copy, for the copjdng of which 
 he shall be entitled to compensation. 
 
 Kecording conveyances of real estate, and all other instruments 
 which by-law may be recorded, ten cents for each folio. 
 
 Filing every certificate of the satisfaction of a mortgage, and en- 
 tering such satisfaction, twenty-five cents. 
 
 Entering a minute of a mortgage being foreclosed, ten cents. 
 
 Entering in a book the bond of every Collector, twelve and a half 
 cents ; searching therefor, six cents ; entering satisfaction, twelve and 
 a half cents. 
 
FEES OF OFFICERS. 239 
 
 Eeceiving and filing every paper deposited with him for safe keep- 
 ing, three cents; searching therefor, three cents for each paper 
 examined. 
 
 Receiving and filing the papers of any insolvent, or relating to the 
 proceedings against any absent, concealed, absconding, or imprisoned 
 debtor, twelve and a half cents in each case ; and such papers are 
 not to be charged as having been separately filed : Searching for such 
 papers, six cents for each year for which searches shall be made. 
 
 Searching and certifying the title 'of, and incumbrances upon, real 
 estate, ten cents for each conveyance and incumbrance certfiyed by 
 him,- instead of fees ; provided that such fees shall in no case amount 
 to less than fifty cents, nor more than five dollars. 
 
 Searching the docket of judgments and decrees, five cents a year, 
 and twelve and a haK cents for the certificate. (See 3 Denio, 171.) 
 
 Searches preparatory to making the loans authorized by the act 
 providing fo»the loan of certain moneys belonging to the United 
 States deposit fund, three dollars ; except where the regular fees 
 would be less than that sum. 
 
 Filing each chattel mortgage, or copy, six cents ; six cents each 
 party, for entering; searching for such papers, six cents each; and 
 the same fees for certified copies, as for copies of records. 
 
 To the Clerk of the county of Rensselaer, six cents for filing a 
 chattel mortgage, or copy, and six cents each name for docketing. 
 
 Filing and entering a specification, or copy of a contract, in the 
 mechanics' and laborers' hen docket, eighteen cents. 
 
 For an execution issued under the mechanics' and laborers' lien 
 law, one dollar. 
 
 For services upon the first application of an alien, including the 
 oath or affirmation of intention to become a citizen, record and certi- 
 ficate thereof delivered to him, twenty cents. 
 
 For all the services requisite upon the completion of the proceed- 
 ings of an alien to become a citizen, including the record and a cer- 
 tificate, fifty cents. 
 
 Determining and certifying the sufficiency of the sureties of any 
 Sheiiff, fifty cents. 
 
 For everyreport upon the titl^ of the parties in partition, pursuant 
 to a reference for that purpose, one dollar. 
 
 For every report respecting the incumbrances ujion the estate or 
 interest of any party in partition, pursuant to a rule or Qrder for that 
 purpose, one dollar. 
 
 Investing the proceeds of the sale of any estate, imder proceed- 
 ings in partition, pursuant to the order of the court, one-half of one 
 per cent, upon any sum not exceeding two himdred dollars, and one- 
 quarter of one per cent for any excess. 
 
 Receiving the interest on such investments, and paying over tho 
 same to the persons entitled, one-half of one per cent 
 
240 JTEW CLEEK'S ASSISTAIfT. 
 
 Bor attendance in canvassing the votes given at any election, two 
 dollars. 
 
 Drawing all necessary certificates of tte result of such canvass, 
 eighteen cents for each foUo; and nine cents each folio for the neces- 
 sary copies thereof. 
 
 Recording such certificates, the same fees as are allowed for re- 
 cording deeds. 
 
 For making and transmitting certified copies of the returns of 
 Town Superintendents of commbn schools, six cents for each foho^ to 
 be paid by the county. 
 
 Giving notice to the Governor, of persons who have taken the oath 
 of ofSce, three cents for each name. 
 
 Giving such notice of persons who have neglected to take the oath 
 of office, or to file or renew any security, within the time required by 
 law, and of any vacancy created by any officer dying or removing 
 out of the county or place for which he was appointed, and of all 
 other vacancies in the county, six cents for each name reported. 
 
 Notifying every person appointed to ofl&ce, twenty-five cents ; and 
 all expenses actually and necessarily incurred in giving any notice, 
 which the Comptroller shall deem reasonable. 
 
 Searching for a bail piece, and annexing it to the recognizance roll, 
 twelve and a half cents. 
 
 Recording every certificate of incorporation, authorized by law to 
 be recorded, seventy-five cents. 
 
 Entering in the minutes of a court a license to keep a ferry, and 
 for a copy thereof one dollar; and for taking and entering the recog- 
 nizance, twenty-five cents. 
 
 For administering an oath or affirmation, in cases where no fee is 
 specially provided, and the certificate, twelve and a half cents. 
 
 Swearing a witness in the Court of Oyer and Terminer, and Court 
 of Sessions, six cents. 
 
 Entering, or respiting a recognizance in said Courts, twelve and a 
 half cents. 
 
 Calling and swearing a jury in the same, nineteen cents. 
 
 Entering a sentence in the minutes, twelve and a half cents; and 
 the like fee for every .certified copy thereof, and for a transcript 
 thereof for the Secretary of State. 
 
 . For copies of records, indictments, and other proceedings, the like 
 fees as are allowed in civH cases for copies of papers filed in his 
 office. 
 
 For taking the acknowledgment of satisfaction of a judgment in 
 the County Court, thirty-seven and a half cents. 
 
 § 442. Okrh of the Board of Supervisors. 
 A reasonable compensation for his services, to be fixed by ine 
 board, and to be paid by the county. 
 
FEES OF OFFICEBS. ^^ 
 
 For a certified copy of any account on file in his office, six cenUi 
 for every folio of one hundred and twenty-eight words. 
 
 § 443. Commissioners to take Testimony, to he read in Jitstices' 
 
 Courts 
 
 For taMng and returning the testimony on a commission, whether 
 issued to one or more commissioners, one dollar. 
 
 For every subpoena, or oath, six cents. ^ 
 
 For serving subpoenas to appear before commissioners, the same 
 fees as are allowed in Justices' Courts. 
 
 § 444. Commissioners to make Partition, or to Admeasure Dower. 
 For every day's actual and necessary service, two dollars to each 
 
 commissioner. 
 
 § 445. Commissioner of Deeds. 
 For administering an oath or affirmation, and certifying the same 
 when required, twelve and a half cents. 
 
 For taldng the acknowledgment of bail in the Supreme Court, and 
 in any County Court, or Mayor's Court, twenty-five cents. 
 
 Taking the acknowledgment of satisfaction of a decree or judgment, 
 in the Supreme Court, any County Court, or Mayor's Court, thirty- 
 seven and a half cents. 
 
 TaMng and certifying the acknowledgment, or proof, of any con- 
 veyance or mortgage of real estate, or any instrument concerning 
 real estate, which by law may be recorded, — for one person, twenty- 
 five cents, and for each additional person, twelve and a half cents ; 
 (Laws of 1847, chap. 339;) but when a lease and release of the 
 same premises executed at the same time, they must be considered 
 as one conveyance. 
 
 Taking an acknowledgment of a power of attorney to appear in a 
 Justice's Court, twenty-five cents. 
 
 § 446. Cornmissioners of Excise. 
 One doUar and twenty -five cents to each Commissioner, for one 
 day's attendance only, at the Board of Excise, during anyone year; 
 to be allowed and paid, as other town charges. 
 
 § 447. Commissioners of Highways. 
 For each day actually and neccessarily devoted to the service of 
 the town, one dollar. 
 
 K 
 
242 NEW CLERK'S ASSISTANT. 
 
 § 448, Commissionera to Loan United States Deposit Fvmd. 
 Such Commissioners may retain, out of the interest moneys coming 
 into their hands, the following per centage on the money committed 
 to their charge, as a compensation for their services : upon twenty- 
 five thousand dollars, or a less sum, three-quarters of one per cent. ; 
 upon the further sum of twenty-five thousand dollars, or less, half 
 of one per cent ; and where the whole sum shall exceed fifty thou- 
 sand dollars, half of one per cent, except in the city and county of 
 New York, in which city and county the commissioners shall, upon 
 aU sums exceeding fifty thousand dollars, be permitted to retain only 
 one-quarter of one per cent 
 
 § 449. ConstoMes' Fees. 
 
 For serving a warrant or summons, twelve and a half cents. 
 
 For a copy of every summons delivered on request, or left at the 
 dwelling of the defendant, in his absence, nine cents. 
 
 Serving an attachment, fifty cents ; for a copy thereof, and of the 
 inventory of the property seized, left at the last residence of the de- 
 fendant, fifty cents. 
 
 Serving an execution, or levying any fine or penalty pursuant to 
 any warrant, five cents _ for every dollar collected, to the amount of 
 fifty dollars ; and two and a half cents for every doUar collected over 
 fifty dollars. 
 
 For every mile, going only, more than one mile, when serving a 
 summons, warrant, attachment, or execution, six cents : to be com- 
 puted from the place of abode of the defendant, or where he shall 
 be found, to the place where the precept is returnable. 
 
 Notifying the plaintiff of the service of a warrant, twelve and a 
 half cents; and for going to the plaintiff's residence, or where such 
 notice was served, six cents for every mile more than one. 
 
 Summoning a jury, fifty cents. 
 
 Serving a subpoena, twelve and a half cents for each witness served ; 
 but no allowance will be made in any judgment, for service upon 
 more than four witnesses in any cause. 
 
 Serving a summons in special proceedings in civil cases, twelve and 
 a half cents ; serviog a warrant, nineteen cents ; mileage, for going 
 only, six cents for each nule. 
 
 Advertising and selling any property distrained doing damage ; or 
 levying any fine, penalty, or sum, pursuant to any warrant; the same 
 fees as are allowed on executions from Justices' Courts. 
 
 Arresting and committing any person, pursuant to process in spe- 
 cial proceedings in civil cases, fifty cents ; and mileage, for going only, 
 six cents. 
 
 Attending any court, pursuant to a notice from the Sheriff, one 
 doUar and fifty cents a day in the city of New York, and one dollar 
 
FEES OF OFFICERS. 243 
 
 and twenty-five cents a day in each of the other counties of this 
 State, to be paid by the county. 
 
 Serving a warrant, or other process, for the arrest of any person, 
 in criminal c&ses, fifty cents; and the same fees for mileage as are 
 allowed on warrants in civil' cases.' 
 
 Taking a defendant in custody on a mittimus, twelve and a half 
 cents. 
 
 Conveying a person to the ma^strate or court before whom he is 
 to be brought, or to jail, twelve and a half cents, if within one mile ; 
 and for every other mile, going only, six cents. 
 
 For traveling to subpoena witnesses on behalf of the people, such 
 fees as the board auditing the account shaJl be satisfed were indispen- 
 sably nesessary. 
 
 For other services in criminal cases, for which no compensation is 
 specially provided by law, such sum as the board of Supervisors of 
 the coimty shall allow. 
 
 For summoning a jury under the provisions of the Kevised Sta- 
 tutes in relation to the assignment of the estates of non-resident, ab- 
 sconding, insolvent, or imprisoned debtors, one dollar and twelve and 
 a half cents. 
 
 .For simmioning a jury to re-assess the damages for laying out, 
 altering, or discontinuing a road, i^ from the same town, one dollar ; 
 if otherwise, two dollars. 
 
 For other services, not enumerated above, which inay be rendered 
 by a Constable, the same fees as are allowed by law to Sheriffs for 
 similar services. 
 
 For serving a summons in the city of Albany on one defendant, 
 and notifying the plaintiff of trial, thirty-seven and a half cents ; and 
 twenty-five cents more for service of summons on every other defend- 
 ant named in the same summons ; serving a warrant in a civil suit 
 in the same city, on one defendant, and notifying plaintiff, fifty cents ; 
 and thirty-seven and a half cents for every additional defendant 
 named in the same warrant 
 
 § 450.' Coroner's Fees. 
 
 For holding an mquest, and the necessary incidental expenses, 
 such compensation as shall be allowed by the board of Supervisors 
 of the county. 
 
 For all other servipes rendered by them, the same fees as are al- 
 lowed to Sheriffs for similar services. 
 
 For confining a Sheriff in any house, on civil process, two dollars 
 
 1 A Constable is not entitled to mileage, unless the party ia arrested, eTen thougn he rasa 
 aot be found. ( 1 Denio, 658.^ 
 
244 
 
 NEW CLERK'S ASSISTANT. 
 
 for each week, to be paid by such SlieriflF before he shall be entitlpd 
 to be discharged. 
 
 § 451. County Judges, in Special Cases? 
 
 For every day employed in the hearing and decision of appeals in 
 relation to highways, two dollars, to be paid by the party appealing, ' 
 where the determination of the Commissioner, or Commissionei-s, 
 shall be affirmed. 
 
 Taking the acknowledgment of a satisfaction of judgment, thirty- 
 seven and a half cents. 
 
 Taking a bond in any case required or authorized by law, thirty- 
 seven and a half cents. 
 
 Deciding on the sufficiency of sureties,, and certifying such suffi- 
 ciency when it shall appear, fifty cents. 
 
 Administering an oath or affirmation, and certifying the same when 
 required, twelve and a half cents. 
 
 Taking the acknowledgment of bail, twenty-five cents. 
 
 Taking and certifying the acknowledgement, or proof, of any con- 
 veyance or mortgage of real estate, or any instrument concerning 
 real estate which by law may be recorded, the same fees as are al- 
 lowed to Justices of the Peace for similar services. ( Laws of 1847, 
 chap. 339.) 
 
 Eeceiving and filing every petition, .and the affidavits, schedides 
 and papers, accompanying the same, upon any application made pur- 
 suant to the provisions of the statute in relation to the assignment of 
 the estates of absconding, concealed, non-resident, insolvent, or im- 
 prisoned debtors, two dollars. 
 
 For every order, warrant, certificate, or appointment, of trustees 
 or assigns, in such proceeding, thirty-seven and a half cents. 
 
 Presiding at and conducting anj^ trial by a jury, swearing such 
 jury, receiving and entering their verdict, or discharging them, twc 
 dollars ; but not to extend to any trial or inquest in any action at 
 law. 
 
 Deciding on the propriety of directing an assignment of the estate 
 of any insolvent, or imprisoned, absent, concealed or absconding 
 debtor, two dollars. 
 
 Signing the discharge of any insolvent or imprisoned debtor, one 
 dollar. 
 
 For every order, warrant, or attachment, made or issued in any 
 special proceeding authorized by law, thirty-seven and a half cents. 
 
 1 The fees received by the County .Tudge, 
 lifter deducting his salary, are to be paid over 
 to the Cbunty Trea8urer,ontlie first Monday 
 of May, and November; (Laws of 18}7, 
 
 chap. 277, 5§ 8, 9 ; Laws of 1949, chap. 95,)apd 
 an account thereof, verified by affidavit, jsto 
 bo rendered to the board of Suoervistrs at 
 their annual meeting. 
 
FEES OF OFFICERS. 245 
 
 For every notice to any party, officer, or person, required to be 
 given by law, twenty-five cents. 
 
 For servi(Jj|te under the non-imprisionment act, the same fees as are 
 allowed by law in proceedings against absconding, concealed, or non- 
 resident debtor^. 
 
 For attendance upon any special matter, where no fee is specially 
 provided for the service rendered, twenty-five cents. 
 
 Admitting any person to prosecute as the next friend, or to defend 
 as the guai'dian, of an infant, nineteen cents. 
 
 Every necessary order upon any special application, twenty -five 
 cents. 
 
 For attendance on taking any depositions, upon any inquiry insti- 
 tuted by the Governor, relating to the official misconduct of any offi- 
 cer, two dollars for each day necessarily occupied. 
 
 Issuing any summons or process of subpoena, to compel the attend- 
 ance of any witness in any proceeding before such Judge, twenty-five 
 cents. 
 
 For every attachment, or warrant of commitment, against a wit- 
 ness or any other person, in a civil proceeding, twenty-five cents. 
 
 For warrant of restitution, or to put any party in possession of 
 lands, thirty-seven and a half cents. 
 
 Taking an acknowledgment of a power of attorney to appear in a 
 Justice's Court, twenty-five cents. 
 
 For services in criminal cases, not specially provided for, the same 
 fees as are allowed to Justices of the Peace for similar services. 
 
 § 452. Gowity Sperintendents of the Poor. 
 Such sum, for their actual attendance and services, as the board 
 of Supervisors of their county shall deem reasonable. 
 
 § 453. County Treasurer's Fees. 
 
 Such commission, for receiving and paying out aU moneys, as the 
 board of Supervisors may fix, not exceedmg one-half of one per 
 cent, for receiving, and the same for paying ; but the gross amount 
 shall in no case exceed five hundred dollars per annum. This re- 
 striction does not extend to the counties of New York, Albany and 
 Kings. The treasurer of Monroe county receives an annual salary, 
 to be fixed by the board of Supervisors, not exceeding the half of 
 one per cent for receiving, and the half of one per cent for disburs- 
 ing, or eight hundred dollars in the aggregate. 
 
 For receiving moneys -m securities transferred to him by the clerk 
 of the court of appeals, one half of one per cent, and for paying out 
 the same, one half of one per cent. 
 
 For services as administrator, in the cases provided by law, his 
 
246 
 
 NEW CLEKK'S ASSISTANT. 
 
 reasonable expenses necessarily incurred; and double tho commis- 
 sions allowed to executors and administrators. 
 
 For every warrant issued under the act taxing the renls of land- 
 lords, in certain cases, one dollar. 
 
 § 464 Crier's Fees. 
 
 For attendance upon the Supreme Court, two dollars for each day, 
 to be certified by the Clerk of tl;e Court 
 
 Attendance upon other court, one doUar and fifty cents for each 
 dfiy, to be certified by the Clerk. 
 
 § 455. Executors' and Administrators' Fees. 
 A reasonable compensation for the services of the appraisers ap- 
 pointed upon their application, to be allowed by the Surrogate. 
 
 For receiving and paying out all s\rms of money not exceeding 
 one thousand dollars, five per cent on every dollar. 
 
 For receiving and paying out all sums exceeding one thousand, 
 and not less than five thousand dollars, two and a half per cent. 
 
 For receiving and paying out all sums exceeding five thousand 
 dollars one per cent' 
 
 For every deed prepared and executed by them, on the sale of 
 any real estate made by order of the Surrogate, two dollars ; and a 
 compensation not exceeding two dollars a day, for the time necessa- 
 rily occupied in such sale. 
 
 Such allowance for all actual and necessary expenses as shall be 
 just and reasonable. 
 
 § 456. Fence Viewer's Fees. 
 
 For. every mile of travel by a Fence Viewer, from his house to the 
 place where the strays are kept, six cents ; and twenty-five cents for 
 a certificate of the charges; to be paid by the owner of the strays, 
 or the person applying for the certificate. 
 
 Such compensation for all other services required by law, as may 
 be fixed by the town meetings of their respective towns. 
 
 § 457. Juror's Fees. 
 For attending to serve as such, in a Justice's Court, although not 
 sworn, six cents ; for attending and trying a cause, twelvo and a half 
 cents. 
 
 1 If there be more than one Executor or I according to the Bervices rendered by them 
 administrator, the allowances are to be ap- respectively. (Laws of 1849, chap. 160.) 
 portioned among them by the Surrogate, | 
 
FEES OF Ol^FICERS. 247 
 
 t'o each juror impanneled to try a cause in any Circuit Court, 
 County Court, or Mayor's Court, twenty-five cents for each cause, to 
 be paid by the party noticing the cause for trial ; or if noticed by 
 both Darties, to be paid by such party as the court shall direct; ex- 
 cept that in the county of Albany, the fees of the jury are to be 
 paid to the County Clerk. 
 
 For attending tlie courts of record in any county, either as a grand 
 or petit juror, such allowance to each juror as the board of Supervi- 
 sors may direct , not exceeding one doUar per day, and three cents 
 per mile for traveling, in coming to and returning from such courts, 
 to be paid by the County Treasurer, on the certificate of the Clerk. 
 
 To each putit juror in the county of Albany, who shall be sworn 
 and serve as such, for attending any Circuit Court, Court of Oyer 
 and Terminer, County Court, or Court of Sessions, one doUar per 
 day for every day's attendance, and seventy-five cents for every 
 twenty miles travel : grand jurors in the county of Albany are enti- 
 tled to the same compensation as m other counties of the State. 
 
 To each juror in the city of New York, twelve and a half cents, 
 for every action in which he is sworn as such in any court of record. 
 
 To each juror sworn before any oflScer in any special proceeding 
 allowed by law, or before any Sheriff upon any writ of inquiry, or 
 to try any claim to personal property, twelve and a half cents. 
 
 To each juror sworn in any proceeding authorized by the provis- 
 ions of the statute in relation to absconding, concealed, non-resident, 
 insolvent, or imprisoned debtors, twenty-five cents. 
 
 To each juror attending and serving on a jury to re-assess dama- 
 ges for laying out, altering, or discontinuing, a highway, if from the 
 same town, fifty cents ; if from an adjoining town, one doUar. 
 
 To each juror attending, in pursuance of a summons, but not 
 serving on a jury, to re-assess the damages for lajdng out, altering, 
 or discontinuing a highway, if from the same town, twenty-five 
 cents; if from an adjoining town, fifty cents. 
 
 § 458. Justices of ike Peace. 
 
 For a summons, nine cents ; but no more than two summons to be 
 included in the costs in a judgment against any defendant. 
 
 For a warrant in civil actions, twelve and a half cents , an attach- 
 ment or execution, nineteen cents. 
 
 Every adjournment, except when made by the Justice on his own 
 motion, nine cents. 
 
 For a subpcena, six cents ; administering an oath, six cents. 
 
 For filing every paper required to be tiled with him, three cents; 
 but not to be allowed for fiUng any written complaint, pleading, or 
 process, in any cause. 
 
248 
 
 NEW CLERK'S ASSISTANT. 
 
 For a venire, nineteen cents; swearing a, jury, twelve and a half 
 cents. 
 
 Entering a judgment, twenty-five cents ; for a transcript thereof, 
 twenty-five cents. 
 
 Taking every bond or other written security in civil actions, if 
 drafted by the Justice, twenty-five cents. 
 
 For maidng a return upon an appeal, one dollar. 
 
 For a warrant in criminal cases, nineteen cents ; to be paid by the 
 complainant, before issuing any warrant for assault and battery, if 
 required by the Justice. 
 
 For a bond or recogTiizance, twenty-five cents. 
 
 Cormnitment for want of bail, nineteen cents. 
 
 For a venire to summon a jury before a Court of Special Sessions, 
 twenty-five cents; swearing such jury, twenty-five cents; trial fee or 
 attendance, one dollar; warrant of commitment on conviction, twenty- 
 five cents ; drawing a record of conviction and filing the same, seventy- 
 five cents; but all such charges shall not exceed five dollars in any 
 one case. 
 
 Taking security from any person to prosecute a certiorari, upon a 
 conviction made by a Court of Special Sessions, twenty-five cents ; 
 making a return to such certiorari, two dollars, to be paid by the 
 county. 
 
 For every order for a commission to examine witnesses, attending, 
 settling, and certifying interrogatories, to be annexed to the commis- 
 sion, fifty cents.' 
 
 Taking the acknowledgment of any written authority to appear by 
 attorney in a Justice's Court, twenty-five cents. 
 
 For a copy of the process, pleadings and proofs, in any cause 
 wherein judgment was rendered by default, and in the absence of 
 the party against whom the same was rendered, when required by 
 any person interested therein, twenty-five cents for the transcript, and 
 six cents a folio for the residue thereot 
 
 Administering an oath or affirmation, in special cases, and certify- 
 ing the same when require'd, twelve and a half cents. 
 
 TaMng the acknowledgment of bail in the Supreme Court, and in 
 any County Court, or Mayor's Court, twenty-five cents. 
 
 Taking the acknowledgment of satisfaction of a decree in Chan- 
 cery, or of a judgment in the Supreme Court, County Court, or 
 Mayor's Court, thirty-seven and a half cents. 
 
 Taking the proof or acknowledgment of a written instrument to 
 be read in evidence, or of a conveyance or mortgage of real estate, 
 and certifying the same, for one person, twenty-five cents ; and for 
 each additional person, twelve and a half cents. 
 
 1 The costs of a commission are to be included in the coats of the suit, though the gross 
 amount exceed five dollars. 
 
FEES OF OFFICEES. 249 
 
 For swearing each witness on taking such proof or acknowledgment, 
 six cents. 
 
 Endorsing a warrant issued from another county, twelve and a 
 half cents. 
 
 For a summons for any offence relating to the internal pohce of 
 this State, or in any special proceedings to recover possession of land, 
 or otherwise, twenty-five cents. 
 
 For a precept to summon a jury in spepial cases, thirty-seven and 
 a half cents ; swearing such jury, twenty-five cents. 
 
 Hearing the matter concerning which such jury is summoned, fifty 
 cents ; receiving and entering their verdict, twelve and a half cents. 
 
 For a view of premises alleged to be deserted, fifty cents. 
 
 For one day's attendance upon the Board of Excise, one doUar and 
 twenty-five cents. 
 
 For attendance at town meetings, one dollar and twenty-five cents. 
 
 For other services performed by Justices of the Peace, not speci- 
 ally provided for by law, such compensation as may be allowed by 
 the board auditing tbeir accounts. 
 
 For attending the Courts of Oyer and Terminer and Sessions, two 
 dollars each day, and six cents per mUe travel fee in going and re- 
 turning. But one allowance of travel is to be made at any one term. 
 
 § 459. Notary's Fees. 
 For the protest, for non-payment, of any note, or for the non- 
 acceptance or non-pajrment of any biU of exchange, check or draft, 
 and giving the requisite notices and certificates of such protest, in- 
 cluding the notarial seal, if affixed thereto, seventy-five cents; and 
 Notaries are required to furnish, under seal, the certificate authorized 
 to be introduced as presumptive evidence in actions at law, free of 
 expense. 
 
 Drawing and copy of every other protest, seventeen cents for every 
 folio ; and for sealing the same, twenty -fiv.e cents. 
 
 Taking an oath or affirmation, and certifying the same, twelve and 
 a half cents. 
 
 Drawing any affidavit, or other paper or proceeding, not otherwise 
 provided for, twenty-five cents for each folio ; and twelve and a half 
 cents per foUo for a copy thereof 
 
 § 460. Overseers of the Poor. 
 For every day actually and necessarily devoted to the service of 
 the town, one doUar to each Overseer ; and all such necessary expenses 
 as may be incurred in the discharge of their duties, to be allowed by 
 the board auditing their accoimts. 
 
250 ITEW CLERK'S ASSISTANT. 
 
 § 461. Overseers of Highways. 
 For any excess of work over and above Ms assesment^ performed 
 by an Overseer of Highways, seventy-five cents per day. 
 
 § 462. Powndmaster's Fees. 
 For taHng into the pound and dischar^g therefrom, every horse, 
 ass, or mule, and all neat cattle, twelve and a half cents each; for 
 every sheep or lamb, three cents ; and for every hog, six cents. 
 
 For feeding any beasts distrained doing damage, his reasonable 
 charges^ not exceeding six cents for each beast for every twenty-four 
 hours. 
 
 § 463. Printer's Fees. 
 
 For publishing notices of any application by an insolvent, under 
 the provisions of the fifth chapter of the second part of the Revised 
 Statutes, and furnishing the evidence of such publication for six 
 weeks, one dollar and sixty-seven cents ; if published ten weeks, two 
 dollars, 
 
 Publishing any other notice, or any order, citation, summons, or 
 any other proceeding or advertisement, required by law to be pub- 
 lished in any newspaper, not more than fifty cents per folio for the 
 first insertion, and twenty cents per foKo for each subsequent inser- 
 tion after the first. 
 
 ' Posting a copy of a notice of mortgage sale on the door of the 
 court house, one doUar. 
 
 § 464. Referees' Fees. 
 For each day necessarily spent in the business of the reference, 
 three dollars to each, to be paid on making their report, by the pre- 
 vailing party. Parties, however, may agree, in writmg, on a diffe- 
 rent compensation. (Laws of 1849, chap. 438, Part II., Title X, 
 
 Referees, to whom any question in regard to the laying out, alter- 
 ing, or discontinuing a highway, is referred, are entitied to two dol- 
 lars per day each ; to be paid by the party appealing, if the decision 
 of the commissioner is sustained, but if reversed, by the county. 
 
 § 465. Begister of Deeds in the City of New York. 
 
 The same fees as are allowed by law to County Clerks, for similar 
 services performed by them. 
 
 For filing a chattel mortgage, or a copy thereof, six cents; foi 
 
FEES OF OFFICERS. 351 
 
 entenng the same, six cents for every party to such instrument; 
 searching for each paper, six cents; and the Uke fees for certified 
 copies of such papers as are allowed to County Clerks for copies of 
 records. 
 
 § 466. School District Collector's Fees. 
 
 One per cent on all taxes voluntarily paid in, during the first two 
 weeks after receiving a tax list and warrant ; and five per cent on all 
 sums collected after that time. 
 
 Where a levy and sale is made, the Collector is entitled to travel- 
 ing fees at the rate of six cents per mile, computing the distance 
 from the school house in the district 
 
 § 467. Seeders of Weights and Measures. 
 
 For sealing and marking every beam, twelve and a half cents. 
 
 Sealing and marking measures of extension, at the rate of twelve 
 and a half cents per yard, not to exceed fifty cents for any one mea- 
 sure. 
 
 Sealing and marking every weight, three cents. 
 
 Sealing and marking liquid and dry measures, if the same be of 
 the capacity of a gallon, or more, twelve and a half cents; if the 
 same be of less than a gallon, three cents. 
 
 Keasonable compensation for making such weights and measures 
 conform to the standard. 
 
 § 468. Sheriff's Fees. 
 
 For sei-ving a writ, summons, complaint, or demand, by which a 
 suit shall be commenced in a court of law, fifty cents. 
 
 Traveling in making any such service, six cents per mUe, for going 
 only, to be computed in all cases from the court house of the county ; 
 and if there be two or more court houses, to be computed from that 
 which shall be nearest to the place where the service shall have been 
 made, except, that in the county of Oneida such travel shall be com- 
 puted from the court house in Whitestown. 
 
 Taking a bond on the arrest of a defendant, or taking his endorse- 
 ment of appearance, or for taking a bond in any other case, where 
 he is authorized to take the same, for which no fee is otherwise pro- 
 vided, thii-ty-seven and a half cents ; and for a certified copy of such 
 bond, twenty-five cents. 
 
 Returning a process, twelve and a half cents. 
 
 Serving an attachment for the pajrment of money, or an execution 
 for the collection of money, or a warant for the same purpose, issued 
 
252 KEW CLERK'S ASSISTANT. 
 
 by the Comptroller, or by any County Treasurer, for collecting the 
 sum of two hundred and fifty dollars, or less, two cents and five mills 
 per dollar ; and for every dollar collected, more than two hundred 
 and fifty dollars, one cent and two and a half mills. 
 
 Advertising goods or chattels, lands or tenements, for sale, on any 
 execution, two dollars; and if the execution be stayed or settled, 
 after advertising and before sale, one dollar ; and all legal fees paid 
 for publishing an advertisement or postponement of the sale of real 
 estate. 
 
 For drawing every certificate on the sale of real estate, by virtue 
 of an execution, twenty-five cents per folio; for two copies thereof, 
 twelve and a half cents per folio ; and the Clerk's fee for filing one 
 of such certificates. 
 
 Drawing and executing a deed,i pursuant to a sale of real estate, 
 on an execution, one dollar ; to be paid by the grantee in such deed. 
 
 Serving a writ of possession or restitution, putting any person en- 
 titied into the possession of premises, and removing the tenant, one 
 dollar and twenty -five cents ; and the same compensation for travel- 
 ing to serve the same, as is allowed on the service of a summons. 
 
 Taking a bond for the liberties of the jail, thirty-seven and a half 
 cents. 
 
 Summoning the jury to attend any court, fifty cents La each cause 
 noticed for trial at such court, .or placed on the calendar thereof for 
 trial. 
 
 Summoning a jury La any case where it shall become necessary 
 to try the title to any personal property, attending such jury, and 
 making and returning the inquisition, one dollar and fifty cents. 
 
 Summoning a foreign or special jury, pursuant to a venire for that 
 purpose, and returning the panel, one doUar and twelve and a half 
 cents. 
 
 Summoning a jury, pursuant. to any precept or summons of any 
 officer in any special proceeding, one dollar ; and for attending such 
 jury, when required, fifty cents. 
 
 Bringing up a prisoner upon a hoibeas corpus, to testify or answei 
 in any court, one doUar and fifty cents ; and for traveling, twelve 
 and a half cents for each mile from the jaU. 
 
 Attending before any officer with the prisoner, for the purpose of 
 having him surrendered in exoneration of his bail ; or attending to 
 receive a prisoner so surrendered, who was not committed at the 
 time ; and receiving any such prisoner into his custody, in either case, 
 one dollar. 
 
 Attending a view, one dollar eighty-seven and a half cents per 
 day ; going and returning, one dollar and twenty-five cents per day 
 
 Serving an attachment against the property of a debtor, under the 
 provisions of the statute concerning absconding, concealed, non-resi- 
 dent, and fraudulent debtors, or against a ship or vessel, ffifty cents, 
 
FEES:OF OFFICERS. 253 
 
 with such additional compensation for his trouble, and expenses in 
 taking possession of and preserving the property attached, as the offi- 
 cer issuing the process shall certify to be reasonable ; and where the 
 property attached shall afterwards be sold by the Sheriff, he shall be 
 entitled to the same poundage on the sum collected, as if the sale 
 had been made imder an execution. 
 
 Making and returning an inventory and appraisal, such sum for the 
 appraisers as the officer issuing the attachment shall certify to be 
 reasonable, not exceeding one dollar per day to each appraiser. 
 
 Drawing such inventory, twenty -five cents per folio ; and twelve 
 and a half cents per folio for the copy thereof 
 
 Selling any properly so attached, and advertisiag such sale, the 
 same allowance as for sales on executions. 
 
 Executing any warrant to remove any person from lands belong- 
 ing to the people of this State, or to Indians, such sum as the Comp- 
 troller shall audit and certify to be a reasonable compensation. 
 
 Giving notice of any general or special election, to the Supervisor, 
 or one of the Assessors, of the different towns and wards of his 
 county, one doUar for each tovm or ward, and the expenses of pub- 
 lishing the notice as required by law, to be paid by the county. 
 
 For any services which may be rendered by a Constable, the same 
 fees as are allowed to Constables for such services. ' 
 
 For any person committed to prison, and every person discharged 
 therefrom, in civil cases, twenty-five cents for receiving, and twenty- 
 five cents for discharging, to be paid by the plaintiff in the process. 
 
 Summoning Constables to attend the Supreme Court, or any other 
 court, fifty cents for each Constable. 
 
 Attending the Supreme Court, two dollars pei day.' 
 
 For mileage on every execution, six cents per nule for going only, 
 to be computed from the court house. 
 
 For serving executions issued by the Clerk of the County, upon a 
 judgment rendered by a Justice of the Peace, the same fees as are 
 allowed to Constables in the like cases. 
 
 Taking into his possession any wrecked property, and selling the 
 same at public auction, his reasonable expenses, to be settied and 
 allowed by the Judge making the order of sale. 
 
 Summoning a jury ia any case, under the provisions of the statute 
 relating to absconding, concealed, non-resident, insolvent, or impri- 
 soned debtors, one dollar and twelve and a half cents, to be paid by 
 the creditors. 
 
 Making the report required by law, after the adjournment of any 
 Criminal Court of Record in his county, a reasonable compensation, 
 to be allowed by the Board of Supervisors. 
 
 _For every person committed to prison in criminal cases, thirty-seven 
 
 1 A Sheriff is not entitled to a per diem Court of Sessions, in liis own county. (2 Hill, 
 fomnensation, for attending either the Cir- ' 411.) 
 tuii,' Oyer and Terminer, County Court, or 
 
254 
 
 NEW CLERK'S ASSISTANT. 
 
 and a half cents ; for every prisoner discharged, thirty-seven and a 
 half cents. 
 
 Summoning a grand jury for a Court of Oyer and Terminer, or 
 Court of Sessions, ten dollars. 
 
 For conveying a single convict to the State Prison, or houses of 
 refuge, for each mile from the county prison from which such con- 
 vict shall be conveyed, thirty-five cents. 
 
 For conveying two convicte for each mile aforesaid, forty-five cents ; 
 three convicts, fifty cents ; four convicts, fifty-five cents ; five convicts, 
 sixty cents; and for all additional convicts, such reasonable allow- 
 ance as the Comptroller may think just; which said allowance, with 
 one dollar per day for the mainteinaace of each convict, whilst on the 
 way to the State Prison, but not exceeding one doUar for every thirty 
 miles travel, will be in full of all charges and expenses in the pre- 
 mises. 
 
 For selling land and executing conveyances, in pursuance of the 
 decree of a Court of Record, the same fees as upon sales by execution ; 
 but such fees are in no case to exceed ten dollars. If the party, in 
 whose favor the decree is made, bids the whole amount of the sale, or 
 any part of it, or if the whole amount, or any part, be credited on 
 the decree, the fees of the Sheriff must be estimated on the surplus, 
 over and above the sum so bid, or credited ; but if the fees in such 
 case would be less than five dollars, and if estimated on the whole 
 amount bid on the sale would have exceeded that sum, the Sheriff 
 will be entitled to five dollars.i 
 
 § 469. Supervisor's fees. 
 
 For one day's attendance upon the Board of Excise in his town, 
 one dollar and twenty-five cente. 
 
 When associated with the Town Superintendent in the erection or 
 alteration of a school district, one dollar and twenty-five cents per 
 day. 
 
 Two dollars per day to each Supervisor, for attending the meetings 
 of the board. 
 
 For all .necessary travel in the discharge of his official duties, eight 
 cents per mUe. 
 
 For maMng a copy of the assessment roll of the town, and making 
 out the tax bill to be delivered to the Collector, three cents each 
 name, for the first one hundred names ; two cents per name for the 
 second hundred names ; and one cent per name for each name over 
 two hundred. But a Supervisor is not entitled to the per diem 
 ahowance, while employed in copying the assessment roU, and making 
 out the tax biH. 
 
 ' See Laws of 1847. chap. 280, § 77. 
 
FEES OF OFFICERS. 255 
 
 § 470. Surrogate's Fees} 
 
 Drawing proof of a will when contested, or any other proceeding 
 before him, for which no specific compensation- is provided, fifteen 
 cents for every folio. 
 
 Drawing every petition in any proceeding before him, not other- 
 wise provided for, including the affidavit of verification, fifty cents. 
 
 Every certificate of the proof of a wiU, when contested, endorsed 
 thereon, including the seal, fifty cents ; and for any certificate upon 
 exemplifications of records or papers filed in his office, or upon the 
 papers transmitted upon appeal, iacluding the seal, fifty cente. 
 
 Drawing, copying, and approving of every bond required by law, 
 fifty cents. 
 
 Drawing, copying, and recording, every necessary paper, and 
 drawing and entering every necessary order, and for rendering eveiy 
 other service necessary to complete proceedings on the appointment 
 of a general guardian for a minor, three dollars ; and for lie services 
 in appointing the same person guardian for any other minor of the 
 same family, at the same time, one dollar and fifty cents. 
 
 Drawing, entering, and filing a renunciation, hi cases where the 
 same may be made by law, twenty-five cents. 
 
 A citation or summons, in cases not otherwise provided for, to all 
 parties La the same proceeding, residing in any one county, including 
 the seal, fifty cents ; and for a citation to all parties in any other 
 county, twenty-five cents. 
 
 A subpoena for all witnesses in the same proceeding, residing in 
 one county, including the seal, twenty -five cents. 
 
 For every copy of a citation and subpcena furnished by a Surrogate, 
 twelve and a half cents ; and every such copy of citation shaU be 
 signed by the Surrogate. 
 
 A warrant of commitment or attachment, including the seal, fifty 
 cents. 
 
 A discharge of any person committed, including the seal, fifty 
 cents. 
 
 For drawing and taking every necessary affidavit, upon the return 
 of an inventory, fifty cente. 
 
 For serving notice of any revocation, or other order or proceeding 
 required by law to be served, twenty-five cents. 
 
 For swearing each witness, in cases where a gross sum is not al- 
 lowed, twelve and a half cents. 
 
 For searching the records of his office for any one year, twelve 
 and a half cents ; and for every additional year, six cents ; but no 
 
 1 The fees received by the Surrogate, after I 277 ; 5§ 8, 9 j Laws of 1849, chap. 95 ;) and 
 deducting his salary, are to be paid over to | an account thereof, vcriiied by amdavit, is t9 
 the County Treasurer, on the flrpt Monday of I be rendered to the Board of Supervisors, at 
 May and November, (Laws o) 1847, chap. | their annual meeting. 
 
256 NEW CLERK'S ASSISTANT. 
 
 more than twenty-five cents shall be charged or received for any one 
 searcL 
 
 Recording every will, with the proof thereof, letters testamentary 
 letters of administration, report of commissioners for admeasurement 
 of dower, and every other proceeding required by law to be recorded, 
 including the certificate, if any, when the recording is not specially 
 provided for by this act, ten cents for every folio. 
 
 For the translation of any will from any other than the English 
 language, ten cents for every folio. 
 
 Copies and exemplifications of any record, proceeding, or order, had 
 Dr made before him, or of any papers filed in his office, transmitted 
 on an appeal, or furnished to any party on his request, six cents for 
 every folio, to be paid by the person requesting them. 
 
 For making, drawing entering, and recording, every order for the 
 sale of real estate, and every final order or decree on the final settle- 
 ment of accounts, one dollar and fifty cents ; and for the confirmation 
 of the sale of real estate, seventy-five cents ; and for making, draw- 
 mg, entering, and recording, any other order or decree, when the 
 same is not otherwise provided for, twenty-five cents. 
 
 Hearing and determining, when the proof of a will, or the right 
 to administration, or apppointing a guardian, is contested, two dollars. 
 
 Taking, stating and determining, upon an account rendered upon 
 a final settlement, or determining and deciding the distribution of 
 personal estate, if contested, two doUars for each day necessarily 
 spent therein, not exceeding three days. 
 
 For hearing and determining any objections to the appointment of 
 an executor or administrator, or any application for lus removal, or 
 for the removal of any guardian, or any application to annul the pro- 
 bate of a will, two dollars. 
 
 For hearing and determining upon an application to lease, mort- 
 gage, or sell, real estate, two' dollars. 
 
 For drawing and recording all necessary papers, and drawing and 
 entering all necessary orders on applications for letters of administra- 
 tion, when not contested, and for all services necessary to complete 
 the appointment of administrators, and for the appointment of ap- 
 praisers, five dollars: but in cases where a citation is necessary^ 
 seventy-five cents in addition. 
 
 For investing for the benefit of any minor, any legacies, or the dis- 
 tributive shares of the estate of any deceased person, in the Stocks 
 of this State, or of the United States, one per cent for a sum not ex- 
 ceeding two hundred dollars, and for any excess, one-quarter of one 
 per cent. ; for investing the same on bond and mortgage of real 
 estate, one-half of one per cent, for a sum not exceeding two hxm- 
 di-ed dollars, and one-quarter of one per cent for any excess. 
 
 For receiving the interest on such investments, and paying aver 
 
FEES.OF OFFICERS. ' 257 
 
 the same for the support and education of such minor, one-half of 
 one per cent. 
 
 Appointing a guardian to defend any infant who shall be a party 
 to any proceeding, fifty cents ; but where there is more than one 
 minor of the same family, and the same guardian is appointed for all, 
 twenty-five cents for each additional minor; and no greater or other 
 fee shall be charged for any service in relation to such appointment. 
 
 Hearing and determining upon the report of Commissioners for 
 ihe admeasurement of dower, one dollar. 
 
 For distributing any monies brought into his oflSce on the sale of 
 real estate, two per cent ; but such commission shall not in any case 
 exceed twenty dollars for distributing the whole money raised by 
 such sale. 
 
 But no fee shall be taken by any Surrogate in any case where it 
 shall appear to him, by the oath of the party applying for letters tes- 
 tamentary or of administration, that the goods, chattels, and credits, 
 do not exceed fifty dollars, nor shall he taie any fee for copying any 
 paper drawn by him, or filed in his office, except as above provided. 
 
 For drawing and recording all necessary petitions, depositions, 
 affidavits, citations and other papers, and for drawing and entering 
 all necessary orders and decrees, administering oaths, appointing 
 guardians ad litem, and apointing appraisers, and for rendering every 
 other necessary service in cases of proof of wiU, and issuing letters 
 testamentary, when not contested, and the wiU does not exceed fifteen 
 folios, Surrogates shall receive twelve dollars; and where the vrill 
 exceeds fifteen folios, ten cents per folio for recording such excess, and 
 six cents per folio for the copy of such excess, to be annexed to the let- 
 ters testamentary. 
 
 For all fees on filing the annual account of any guardian, where 
 the Surrogate shall draw and take the affidavit of the guardian, and 
 for examining such accounts, fifty cents ; but where the same shall 
 not be drawn nor taken by him, he shall charge no fees. 
 
 For any necessary travel required under the law of 1837, con- 
 cerning the proof of wills, &c., (Laws of 1840, chap. 460, § 69,) 
 Surrogates are entitled to ten cents per mile, going and returning. 
 
 No fees for fiihng any paper in the Surrogate's office can be re- 
 quired; neither can any charge be made for drawing, copying, (W 
 recording his biU of fees, in any case. 
 
 § 471. Surveyor's Fees. 
 
 For actual service in surveying, laying out, marking and mapping, 
 any real estate, of which partition shall be made pursuant to law, or 
 of which dower shall be admeasured, two dollars and fifty cents per 
 day. 
 
 17 
 
a58 NEW CLEEK'S ASSISTANT. 
 
 For each of his necessary chain and flag bearers, and other neces- 
 sary assistants, one dollar per day. 
 
 § 472. Town Cleric's Fees. 
 
 For filing every chattel mortgage, or copy thereof, six cents; for 
 entering the names and numbering, six cents ; searching for such 
 papers, six cents each ; and the same fees for certified copies thereof 
 as are allowed to Clerks of counties for copies of records. 
 
 Filing and entering a certificate of marriage, twenty-five cents; 
 and ten cents for a copy of the certificate, or of the entry. 
 
 Entering a note of strays, six cents each for all neat cattle and 
 horses, and three cents for each sheep; to be paid by the person de- 
 livering the note. 
 
 For services as Clerk of the town meeting, one dollar and twenty- 
 five cents per day. 
 
 When associated with the Supervisor and Town Superintendent^ 
 in the erection or alteration of a school district, one doUar and twenty- 
 five cents per day. 
 
 Such compensation for his services in behalf of the town, includ- 
 ing those performed as Clerk of the Town Superintendent, as the 
 board auditing his account shall allow. 
 
 For drawing a jury to re-assess damages for laying out, altering, 
 or discontinuing a highway, fifty cents. 
 
 The same fees for advertising and selling drifted lumber unclaimed, 
 as are allowed to Constables making sales on executions issued out 
 of Justices' Courts. 
 
 To the Clerk of the town of Queensbury, for entering every mark 
 of lumber, twenty-five cents. 
 
 § 473. town Collector's Fees. 
 
 For collecting and receiving taxes, one per cent on every dollar, 
 and one cent on every amount of tax under one dollar, if paid 
 within thirty days from the first posting of the 'notice required by 
 law ; where the aggregate amount to be collected does not exceed 
 two thousand dollars, ttie collector is entitled to two per cent as his 
 fees, on all voluntary payments made within thirty days. 
 
 On all taxes remaining unpaid after the expiration of the said 
 thirty days, such compensation as may be voted by the electors at 
 town meeting, not exceeding five, nor less than three per cent Foi 
 collecting all unpaid taxes, five per cent, and for returning unpaid 
 taxes, two per cent, to be allowed by the County Treasurer. 
 
FEES OF OFFICERS. 259 
 
 To the Collector of the town of Minerva, in the county of Essex, 
 for travel fees from his place of residence to the office of the County 
 Treasurer, thirtyrseven and a half cents per mile ; to the Collectors 
 of the towns of Keene and Schroon, in said county, foi the same, 
 twenty-five cents per mUe ; but the simi to be paid to either of said 
 Collectors, shall in no case exeeed the sum of four per cent, upon 
 the amount of the tax on the lands of non-residents, returned by such 
 Collector. 
 
 § 474. Trustees of Absconding, Concealed, Non-Resident, or 
 
 Insolvent Debtors. 
 
 A comnaission of five per cent on the whole sum which shall have 
 come into their hands, and all the necessary disbursments made by 
 them ia the dischage of their duty. 
 
 § 475. Witnesses' Fees. 
 
 To each witness in a Justice's Court, from the same county, sub- 
 poenaed and attending before a Justice, or before Commissioners ap- 
 pointed by him, twelve and a half cents ; from any other place than 
 the same county, twenty-five cents for every day's actual attendance. 
 
 For each witness, fifty cents for each day while attending any 
 court or officer, (including Canal Appraisers,) except as otherwise 
 provided ; and if the witness resides more than three miles from the 
 place of attendance, traveling fees, at the rate of four cents per mUe, 
 going and rettiming. 
 
 For every witness who shall appear and testify before any Justice 
 of the Peace taMng depositions to be used in courts in other States, 
 fifty cents. - 
 
 To any person attending a Court of Oyer and Terminer, or a court 
 of Sessions, as a witness in behalf of the people, upon the request 
 of the public prosecutor, or upon a subpoena, or by virtue of a re- 
 cognizance, who is poor, or has come from any other State or Terri- 
 tory of the United States, or from any Foreign country, such reason- 
 able sum for his expenses as the court may direcl 
 
CHAPTER XIX. 
 FENCE VIEWERS. 
 
 PRACTICAL REMARKS. 
 
 1. The Assessors and Commissioners of Highways elected in any 
 town, are, by virtue of their offices, Fence Viewers of such town.' 
 
 2. Whenever any stray has not been claimed and redeemed, within 
 the time prescribed by law, it is the duty of one of the Fence View- 
 ers, 'on receiving notice, to ascertain, according to the best of his 
 knowledge and judgment, the reasonable charges of keeping such 
 stray; a certificate whereof is to be given to the person applying for 
 the same.' 
 
 3. In case the person detaining a stray, and the owner thereof, 
 cannot agree as to the charges to be paid, at the time of redeeming 
 such stray, the same may be ascertained and certified by two of the 
 Feuce Viewers of the town, to be selected by the former." 
 
 4. When two or more persons have lands adjoining, each of them 
 must make and maintain a just proportion of the division fence be- 
 tween them, except the owner or owners of either of the adjoining 
 lands choose to let such land he open. When a person has chosen 
 to let his land he open, if he afterwards encloses it, he must refund 
 to the owner of the adjoining land, a just proportion of the value at 
 that time of any division fence that may have been made by such 
 adjoining owner, or build his proportion of such division fence. The 
 value of such fence, and the proportion thereof to be paid by such 
 person, and the proportion of the division fence to be built by him, 
 in case of his enclosing his land, are to be determined by any two 
 of the Fence Viewers of the town. If disputes arise between the 
 owners of adjoining lands, concerning the proportion of fence to be 
 maintained, or made, by either of them, such disputes may be set- 
 tled by any two of the Fence Viewers of the town. When any of 
 
 I 1 R. S. (3d ed.) 388, 5 8. | > 1 R. S. (3d. ed.) «1,5 21. 
 
 a !R. S.(3d. ea.)401,§23. | 
 
FENCE VIEWERS. 261 
 
 lie above sientioned matters are submitted to Fence Viewers, each 
 party may choose one ; and if either neglect, after eight day's notice, 
 to make such choice, the other party may select both. The Fence 
 Viewers must examine the premises, and hear the allegations of che 
 parties. In case of their disagreement, they may select another 
 Fence Viewer to act with them, and the decision of any two will be 
 final upon the parties to such dispute, and upon all parties holding 
 under them. The decision of .the Fence Viewers must be reduced 
 to writing, and contain a description of the fence, and of the propor- 
 tion to be maintained by each, and forthwith filed in the ofiBce of the 
 Town Clerk' 
 
 5. If any person Kable to contribute to the erection or reparation 
 of a division fence, neglects, or refuses, to make and maintain his 
 proportion of such fence, or permits the same to be out of repair, he 
 cannot maintain any action for damages incurred, but will be liable 
 to pay to the party injured all such damages as may accrue to hia 
 lands, and to the crops, fruit trees, and shrubbery thereon, and fix- 
 tures connected with the said land, to be ascertained and appraised 
 by any two Fence Viewers of the town, and to be recovered with 
 costs of suit ; which appraisement must be reduced to writing, and 
 signed by the Fence Viewers making the same, but will be on^ pri- 
 ma facie evidence of the amount of the damages. If such neglect or 
 refusal be continued for the period of one month, after request in 
 writing to make or repair such fence, the party injured may make or 
 repair the same, at the expense of the party so neglecting or refus- 
 ing, to be recovered from him, with costs of suit" 
 
 6. If any person who has made his proportion of a division fence, be 
 disposed to move his fence, and sufier his lands to lie open, he may, 
 at any time between the first day of November in any year, and 
 the first day of April following, but at no other time, give ten days' 
 notice to the occupant of the adjoining land, of his intention to apply 
 to the Fence Viewers of the town for permission to remove his fence ; 
 and if, at the time specified in such notice, any two of such Fence 
 Viewers, to be selected as aforesaid, determine that such fence may 
 with propriety be removed, he may then remove the same. If any 
 such fence be removed without such notice and permission, the party 
 removing the same will be liable to pay to the party injured, all such 
 damages as he may sustain thereby, to be recovered with costs of 
 suit Whenever a division fence is injured or destroyed, by floods 
 or other casualty, the person bound to make and repair such fence, 
 or any part thereof, must make or repair the sarfie, or his just pro- 
 
 < 1 R. S. (3ii cd.) 402, 403, M 30-36; 4 John- I " 1 R. S. (3d ed.) 403, §S 37-39; Laws of 
 •<»i, 414; 9 Id., 13& 17 Wendell, 330. 1838, chap. 261: 11 Wendell, 46; 18 Id., 214 
 
 ' I SHiU, 38. 
 
262 NEW OLEEK'S ASSISTANT. 
 
 portion thereof, •within ten days after he shall be thereunto required 
 by any person interested therein; such requisition shall be in writing, 
 and signed by the party making it If such person refuse or neglect 
 to make or repair his proportion of such fence, for the space of ten 
 days after such request, the party injured may make or repair the 
 same, at the expense of the party so refusing or neglecting, to be re- 
 covered from hun, with costs of suit' 
 
 1. Witnesses may be examined by the Fence Viewers, on all ques- 
 tions submitted to them, and they hare power to issue subpoenas for, 
 and to administer oaths to witnesses." 
 
 8. When any distress is made of any beasts doing damage, the 
 person distraining, within twenty-four hours after such distress, unless 
 the same was made on a Saturday, in which case, before the Tues- 
 day morning thereafter, must apply to two Fence Viewers of the 
 town, to appraise the damage, who are required immediately to re- 
 pair to the place and view the damage done ; and they may adminis- 
 ter oaths and take the testimony of competent witnesses, in order 
 to enable them to ascertain the extent of such damage. The Fence 
 Viewers then certify under theii: hands the amount of the damage, 
 with their fees ; and if any dispute arise, touching the sufficiency of 
 any fence around the premises where the damage was done, they 
 may in like manner inquire into the same, and- determine such dis- 
 pute ; which decision will be conclusive." 
 
 9. The owner of any sheep or lambs that may be killed or injwed 
 by any dog, may apply to any two Fence Viewers of the town, who 
 shall inquire into the matter, and view the sheep injured or killed, 
 and may administer oaths and take testimony on such inquiry. It 
 they are satisfied that the sheep or lambs were MUed or hurt by 
 dogs, and in no other way, they must certify such fact, the number 
 of sheep killed or hurt, and the amount of the damage sustained by 
 the owner, together with the value of the sheep killed or hurt* 
 
 10. If the parties cannot agree as to the amount of the damage 
 sustained by the owner, or possessor, of land on which floating tim- 
 ber or lumber has drifted, either of them may apply to any two 
 Fence Viewers of the town in which such timber or lumber may be 
 found, whose duty it will be, after hearing the proofs and allegations 
 of the parties, to determine the amount of such damage, at the ex- 
 pense of the owner of the timber or lumber; and their decision will 
 be conclusive. The Fence Viewers may, in such cases, issue process 
 for witnesses on behalf of either party, and administer oaths on 
 taking their testimony.' 
 
 1 1 R. S. (3a ed.) 408, 404, §5 40-43; 3 Wen- 
 ;lell, 142. 
 > 1 R. S. (3d ed) 404, § 44. 
 
 » 2 R. S. (3(5 ed.) 607, 608, §S 1-3: 10 loll 
 eon 263, 369: IS Id., 220: 19 Id., 498. 
 4 1 R. S. (3d ed.) 886, § 10. 
 ' 1 R. S. (3rt ed 1 877, jj 2, 3. 
 
FENCE VIEWERS. 263 
 
 FORMS. 
 
 § 476. Fence Viewer's Certificate, wliere Stray has not been 
 Claimed or Redeemed. 
 County, ) 
 Town of ,\'^' 
 
 X tlie imdersigned, one of the fence viewers of said town, d« 
 hereby certify, that upon the application of A. B., of said town, 
 upon whose enclosed lands the following stray animals, to wit: 
 \name them,'j came, on or about the day of , 18 , 
 
 and which strays have since that time been kept by the said A. B., 
 and now remain unclaimed and unredeemed, I have ascertained, ac- 
 cording to the best of my knowledge and judgment, and upon due 
 inquiry and examination, the reasonable charges of keeping such 
 strays, and that the same amount to the suin of dollars and 
 
 cents : and that the fees for xnj service amount to dollars. 
 Given under my hand, this day of , 18 . • 
 
 E. F., Fence Viewer. 
 
 § 477. Certificate where Parties cannot Agree upon t/ie Charges 
 for Keeping Strays. 
 
 County, ) 
 Town of ,\^^- 
 
 Whereas, a dispute has arisen between A. B. and C. D., of said 
 town, concerning the reasonable charges of keeping the foEowing 
 strays, to wit: [name them,'] which came upon the enclosed lands of 
 the said A. B., on or about the day of , 18 , 
 
 and have been kept by him since that lime until the date hereof, and 
 which are now claimed by the said C. D. : Now, therefore, we, the 
 imdersigned, two of the Fence Viewers of said town of , do 
 
 hereby certify, that we have ascertained the reasonable charges of 
 keeping said strays, after due inquiry and examination, and that the 
 same amount to dollars and cents ; and that the 
 
 fees for our service amount to dollars. 
 
 Given under our hands, this dav of ,18 
 
 fe. F. 
 G.H. 
 
 (■ Fence Viewers. 
 
 S 478. Certificate of Value of Fence Built by an Adjoining 
 Owner. 
 County,) 
 Town of ,\^- 
 
 Whereas, A. B. and C. D. were, and are, the owners of certain 
 lands adjoining, in said town of , and on the day of 
 
264 NEW CLERK'S ASSISTANT. 
 
 ,18 , or thereabouts, tlie said A. B. erected a division 
 fence between the land belonging to him and that of the said C. D., 
 ■who had chosen to let the same lie open ; and whereas, the said C. 
 D. has, since that time, enclosed the said land belonging to him, aiid 
 a dispute has arisen between the said parties, concerning the proper 
 proportion of the value of the said division fence, to be paid for by 
 the said C. D. : Now, therefore, we, the undersigned, two of the 
 Fence Viewers of said town of , do hereby certify, that we 
 
 have made due inquiry into the facts, and examined the premises ; 
 that the following is a correct description of the fence so built by the 
 said A. B., as aforesaid, to wit: {^ive description;'] that the value 
 thereof, at the time of building the same, was dollars; and 
 
 that the proper proportion of said value, to be paid by the said 0. D. 
 to the said A. B., is dollars: And we also certify, that the 
 
 fees for our service amount to dollars 
 
 Given, &c., [as in § 477.] 
 
 § 479. Certificate upon Hearing Dispute between Owners oj 
 Adjoining Lands. 
 County,) 
 Town of ,P^' 
 
 Whereas, A. B. and C. D. are the owners of certain lands adjom- 
 ing, in the said town of , and a dispute has arisen between 
 
 them, concerning the respective proportions of a division fence to be 
 maintained, \or, made,] by them. Now, therefore, we, the under- 
 signed. Fence Viewers of said town, do hereby certify, that upon the 
 application of the said parties, we proceeded to examine the premises 
 and hear the allegations of the said parties; and that we do deter- 
 mine that said division fence be bmlt as follows, to wit: [give 
 description;] that one-third part of said fence is the proper propor- 
 tion thereof to be built by the said A. B. ; and that the remaining 
 two-thirds is the proper proportion thereof to be built by the said 
 C. D. : And we also certify, that our fees for our service amount to 
 dollars. 
 Given, &c., [as in § 477.] 
 
 § 480. Certificate of Damages where Division Fence is ovi of 
 ^ Repair. 
 
 County,) g. 
 Town of , j ■ 
 
 We, the undersigned, two of the Fence Viewers of said town, do 
 hereby certify, that upon the application of A. B., the owner of land 
 adjoining the land of C. D., in said town, to ascertain and appraise 
 certain damages alleged to have been incurred by the said A. B., in 
 consequence of the neglect [or, refusal] of the said C. D. to make 
 
FENCE VIEWERS. . 265 
 
 for, maintain] his proportion of a division fence between the aforesaid 
 lands, we proceeded to examine the premises ; and, after due inquiry, 
 and examination by us made, we do determine that the said A. B. 
 has sustained damages to his land, crops, fruit trees, and shrubbery 
 [add fixtures, if necessary i\ in consequence of the neglect [or, refu- 
 sal] of the said C. D. to make [or, maintain] his proportion of such 
 division fence as aforesaid; which said damages we have ascertained, 
 and do appraise at dollars. 
 
 [Given, &c., os m § ill.} 
 
 § 481. Certificate where Cattle are Distrained Doing Damage. 
 County, ) 
 Town of , \ ^^• 
 
 We, the subscribers. Fence Viewers of said town, having been ap- 
 plied to by A. B., of said town, ito appraise the damages done by 
 [give the numier and description of beasts, as near as may he,"] dis- 
 traiaed by him doing damage on Ms lands, and having been to the 
 place, and viewed and ascertained the damages, do hereby certify the 
 amount thereof to be dollars and cents, and that the 
 
 fees for our services are $ . And a dispute having arisen be- 
 
 tween the said A. B., on the one part, and C. D., on the other part, 
 touching the sufficiency of the fence along the east side of the orchard 
 on the premises of the said A. B., which fence was shown to us by 
 the said parties ; and having heard their allegations, and examined 
 witnesses in relation thereto, we decide that the said fence is good 
 and sufficient \or, bad «uid insufficient.] 
 
 Given, <fec., [as in § 477.] 
 
 § 482. Notice mtd Certificate of Consent to Memove Division 
 
 Fence. 
 ToMr. A. B.: 
 
 Take notice, that I shall make application to E. F. and G. H., 
 
 two of the Fence Viewers of the town of , on the day of 
 
 next, \or, instant,] .for permission to remove the division fence 
 
 between the land occupied by you in said tovra, and that ovmed and 
 
 occupied by me, lying adjacent thereto.' C. D. 
 
 Dated the day of , 18. 
 
 » If s portion only of the division fence is to 1 be disturbed. It should be parUoularly dosiip 
 
 I n»ted in the notice. ' ■» 
 
266 HEW CLEEK'S ASSISTANT. 
 
 County. ) 
 Town of ,J 
 
 We, the undersigned, two of the Fence Viewers of said town, do 
 hereby certify, that upon the application of C. D., made in accord- 
 ance with a notice, of which the above is a copy, duly served upon 
 A. B., therein mentioned, more than ten days before this day, we 
 have examined the premises where the division fence named in said 
 notice is situate, and do determine, that the same may, with propriety, 
 be removed. 
 
 Given, &c., [as in § 477.] 
 
 § 483. Certificate that Sheep, or Lambs, were KUkd hy Bogs. 
 County,) 
 Town of ,\^- 
 
 We, the undersigned, two of the Fence Viewers of said town, do 
 hereby certify, that upon the application of A. B., the owner of sheep, 
 \or, lambs,] alleged to be MUed by dogs, we proceeded to mquire 
 into the matter, and to view the sheep [or, lambs,] killed, and exam- 
 ined witnesses in relation thereto ; and that we are satisfied that 
 sheep [or, lambs,] belonging to the said A. B., were killed by dogs, 
 and in no other manner; and we also certify, that the amount of 
 damages sustained by the said A B., in consequence of the killing 
 of said sheep, [or, lambs,] as aforesaid, is dollars and 
 
 cents ; and that the value of said sheep [or, lambs] is dollani 
 
 and cents. 
 
 Given, &c, [as in § 4^7.] 
 
CHAPTER XX. 
 FEERIES. 
 
 PRACTICAL REMARKS. 
 
 1. The County Court in each of the comities of this State may 
 grant licenses for keeping ferries in their respective counties, to aa 
 many suitable persons as they think proper ; which licenses will con- 
 tinue in force for a term to hfi fixed by the court, not exceeding three 
 years. No such Ucense can be granted to any person other than the 
 owner of the land through which the highway adjoining to the ferry 
 shall run, unless such owner neglect to apply for such license, after 
 notice has been given to him, at least eight days before the sitting of 
 the court, of the intention of such person to make the appUcation.' 
 
 2. Every person applying for a Ucense, before the same be granted, 
 must enter into a recognizance to the people of this State, in open 
 court, in the sum of one hundred dollars; which recognizance is to 
 be forthwith filed vrith the Clerk of the county. Every license so 
 granted, must be entered in the book of minutes of the court, kept 
 by the Clerk, and a copy thereo)^ attested by him, delivered to the 
 person hcensed." 
 
 3. Whenever the waters over which any ferry may be used, divide 
 two counties, a license obtained in either will be sufficient to autho- 
 rize the person obtaining the same, to transport persons, goods, wares, 
 and merchandise, to and from either side of said waters.' 
 
 4. If any person (except within the counties of Essex and Clinton, 
 the coimties of Orange, Eockland, and Westchester, and the coimties 
 ui the first Senate District) use any ferry for transporting across any 
 
 1 R. S. (3a. ed.) 642, 643; §§ 1-3 i U Wen- I » I R. S. (3d. ed.) 643 M 4, 6. 
 aeU 690. 1 • 1 R. S. (3d. ed. 1 643,' i i.. 
 
^^^ KEW CLEEK'S ASSISTANT. 
 
 river, stream, or laie, any person, or any goods, chattels or efifects; 
 for profit or hire, unless authorized in the manner above provided, 
 sucli person will be considered guilty of a misdemeanor; and, on 
 conviction, be subject to such fine, for the use of the county, as the 
 Court may adjudge ; not exceeding twenty-five dollars for each" of- 
 fence. Where any offence is committed on waters dividing two 
 counties, the person so offending may be proceeded against in each 
 of said counties ; but the fine imposed cannot exceed twelve dollars 
 and fifty cents in each case.' 
 
 5. The foregoing provisions of the statute do not affect or alter 
 the ferries granted by charter to the corporations of Albany and 
 Hudson, or 3ter or impair any grants made by this State, or any 
 legal right or privilege whatever, belongmg to any individual or cor- 
 poration, by virtue of any laws of this State, or otherwise." 
 
 6. The owner of a ferry cannot use the land on the other side of 
 the stream, unless he is himself the owner thereof, for the purpose 
 of embarking and disembarking passengers." 
 
 7. The public have an interest in a ferry; and the owners thereof 
 are liable to answer in damages, if they should refuse to transport 
 an individual vrithout reasonable excuse, upon being paid or tendered 
 The usual rate of fare.* 
 
 8. A Coimty Court has power to grant a license to keep a ferry 
 on a river, although the jurisdiction of the State extends oiiy to the 
 centre of the river * 
 
 bORMS. 
 
 § 484. Application for a Ferry. 
 To the Hon., the County Court of County : 
 
 The application of A. B., of the town of , in said county of 
 
 , respectfully showeth : That he is [or, that C. D. is] the 
 owner of the lands m said town through which the public highway 
 runs, leading from to , over and across the lake, 
 
 \or, Tiver ;] and that a ferry ought to be established, for the 
 
 convenience and accommodation of the public, upon the said lake. 
 
 1 1 R. S. (3d. ed.) 643,'§S 8, 9 : 6 Johnaon, I > 3 Kent's Commentaries (2d ed.) 421 
 175 ; 11 Wendell, 690. 1 < 3 Paige, 45. 
 
 • 1 R. S. (3d ed.) 643, < 10. > U Wendell, 690 
 
■ FERRLEa. 269 
 
 or, river:] Wherefore, tie imdersigned A. B., hereby makes appli- 
 cation to the said 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; [If ike application he made by some person 
 ether than the owner of the land, insert here: the said C. D., the 
 owner of the land through which the highway runs, as aforesaid, 
 having neglected to apply for such license, after due service of the 
 notice required by law, as appears by a copy of said notice and the 
 affidavit of service, which are hereunto annexed,] 
 
 Dated the day of , 18 . A. B. 
 
 § 485. Notice to the Owner, and Affidavit of Service, 
 ToMr. C. D.: 
 
 Sir : You will take notice that I shall apply to the Coimty Court 
 of County, at the next term of said court, to be held at the 
 
 court house ill said coimty, on the day of next, for a 
 
 license to be granted to me to keep a ferry upon the lake, \or, 
 
 river,] from the termination of the highway running through your 
 land, &c. : \^ve a particular description of. the site of the ferry. '[ 
 Dated, &c. Yours, &c., 
 
 A. B. 
 County, ss: 
 A. B., of said county, being duly sworn, says, that on the 
 day of instant, [or, last past,] he personally served C. D. 
 
 with a notice, of which the above is a copy, by delivering the same 
 to him. 
 Sworn to before me, this ) A. B. 
 
 day of , 18 . J 
 
 G. H., Justice of the Peace. 
 
 § 486. Recognizance. 
 State of New York, ) 
 Coimty, J 
 Be it remembered, that I, A. B., of the town of , in said 
 
 coimty, do hereby acknowledge myself to be indebted to the people 
 of the State of New York, in the sum of one hundred dollars, to be 
 well and truly paid, if default shall be made in the condition follow- 
 ing: 
 
 Whereas, the said A. B. has this day applied to the County Court 
 of the said county of , for a license to keep a ferry upon the 
 
 lake, [or, river,]m the town of , in said county : Now, 
 
 therefore, the condition of this recognizance is such, that if the said 
 A- B. shall faithfully keep and attend the said ferry, provided a 
 license shall be granted for that purpose, as aforesaid, with such and 
 
^'^'^ NEW OLERK'S ASSISTANT. 
 
 so many sufficient and safe boats, and so many men ' to work the 
 same, as shall be deemed necessary, together with sufficient imple- 
 ments for said ferry, during the several hours in each day, and at 
 such several rates, as, the court granting said license shall from time 
 to time order and direct, then this recognizance shall be void; eke 
 to remain of force. 
 
 Subscribed and acknowledged in i A. B. [l. s.] 
 
 open court, this day of , >■ 
 18 , before me. ) 
 
 P. v., Clerk of County Court 
 
 § 487. Lkense. 
 
 At a County Court held in and for the coimty of , at the 
 
 court house in said county, on the day of ^ A. D. 18 : 
 
 Presenii J. P. H., County Judge : 
 
 It is hereby ordered and determined, upon the application of A. 
 B., for that purpose made to this court, that this license be granted 
 to the said A. B., to keep a ferry upon the lake, [or, river,] 
 
 in the town of ' , in said county of , at or near the south- 
 
 west comer of lot number , in said town, \or, as the case may 
 
 he, describing the place where it is proposed to have the ferry, '\ for 
 the term of years from the day of instant [If 
 
 necessary add: And it is further ordered, that the said A. B. be 
 allowed to collect and receive ferriage for the transportation of tra- 
 vellers, property and effects, over and across the said ferry, at and 
 after the following rates, viz. : [give the prescribed rates /\ and that 
 he shall not take, or require, any greater sum for such fransporta- 
 tion.] 
 
 P. v., Clerk 
 
 § 488. Certificate of Cleric to Annex to the Copy. 
 
 State of New York, ) ^ . 
 County, j 
 
 I, P. v.. Clerk of County Court, do hereby certi^r, that I 
 
 have compared the foregoing [or, annexed] copy of a license with 
 the original, this day entered upon the records of the said court; and 
 that the same is a correct transcript therefrom, and of the whole of 
 such original. 
 
 In testimony whereof, I have hereunto affixed my name, and the 
 seal of the said court, this day of , A. D. 18 . 
 
 [l. s.] P. v., Clerk. 
 
CHAPTER XXI. 
 GIFTS. 
 
 PRAOTICAL REMARKS. 
 
 1. Free ^Its, or voluntary conveyances, made imderstandingly, 
 and wittout fraud, mil be upheld. 
 
 2. There are two Mnds of gifts known in law, viz : gifts inter vi- 
 vos, or those made between living persons ; and gifts causa mortis, or 
 those made in contemplation of death.' 
 
 3. Delivery is essential, both at law and in equity, to the validity 
 of every gift If the thing ^ven be not capable of delivery, the 
 title must be passed by some act equivalent to it, as by assignment, 
 or other instrument in writing." 
 
 4. Gifts of goods and chattels, as well as of lands, made with in- 
 tent to delay, hinder, or defraud, creditors, are void as against any 
 person who may be prejudiced thereby. Volimtary settlements of 
 property, upon the wife or children of the party making the samej 
 are also void as to existing creditors.' 
 
 5. Gifts made in expectation of death, will not be allowed to de- 
 feat the just claims of creditors, and are void as against such credit- 
 ors, even though there be no fraudulent intent' 
 
 6. A gift of personal property may be made by parol ; it is a safer 
 course, however, to have it done by a written instnmient' 
 
 1 2 Kent'B Commentaries, (2d ed.) 438. I 6 Coven, 87; 8 Id., 406; 1 Wendell, 300; 4 
 
 » 2 Johnson, 62. HiU, 438. 
 
 » 2 K. S. (3d ed.) 195, § Ij Id., 197, 55 I-3j | 4 2 Kent's Commentariee, (2d ed.) 44a 
 
272 
 
 NEW CLERK'S ASSISTANT. 
 
 FORMS. 
 
 § 489. Gift of Personal Estate, ly Deed. 
 
 Know all men by these presents : That I, A. B., of, &c., in consid- 
 eration of the natural love and affection which I have and bear for 
 my sister, C. B., and also for divers other good causes and considera- 
 tions, me, the said A. B., hereunto moving, have given, granted and 
 confirmed, and by these presents do give, grant and confirm, unto 
 the said C. B., aH and singular my goods, chattels and personal es- 
 tate, of every name and nature, in whose hands, custody, or posses- 
 sion, soever, they be : [or, the following goods and chattels, viz, &c. ; 
 describing themt\ To have and to hold all and singular the said 
 goods, chattels, and personal estate aforesaid, [or, goods and chattels,] 
 unto the said C. B., her executors, administrators and assigns, to the 
 only proper use and behoof of the said C. B., her executors, admin- 
 istrators and assigns, forever. And I, the said A. B., all and singu- 
 lar the said goods, chattels, and personal estate aforesaid, \or, goods 
 and chattels,] to the said C. B., her executors, administrators and 
 assigns, against me, the said A. B., my executors, and administrators, 
 and all and every other person or persons whatsoever, shall and will 
 warrant, and forever defend. 
 
 In witness whereof, I have hereunto set my hand and seal, this 
 day of , A. D. 18 . 
 
 Sealed, signed and deUvered, ) A. B. [l. s.] 
 
 in presence of J 
 
 G. H. 
 
 § 490. The Same, of Real Estate. 
 
 This indenture, made, &c., between A. B., of, &c., of the one 
 pai-t, and K. B., son of the said A. B., of the other part, witnesseth : 
 That the said A. B., as well for and in consideration of the natm-al 
 love and affection which he, the said A. B., hath and beareth unto 
 the said R. B., as also for the better maintenance, support and liveli- 
 hood of him, the said R B., hath given, granted and confirmed, and 
 by these presents doth give, grant and confirm, unto the said R B., 
 his heirs and assigns, all, <fec., [description :'\ Together with all and 
 singular the hereditaments and appurtenances thereunto belonging, 
 or in any wise appertaining ; and the reversion and reversions, re- 
 mainder and remainders, rents, issues and profits thereof, and all the 
 estate, right, title, interest, property, claim and demand, whatsoever, 
 of him, the said A. B., of, in and to, the said premises, and of, in 
 and to, every part and parcel thereof, with the appurtenances : To 
 have and to hold all and siagular the premises hereby granted and 
 
GIFTS. 273 
 
 confirmed, or mentioned, or intended so to be, ■with the appurtenan- 
 ces, unto the said R B., his heirs and assigns, to the only proper use 
 and behoof of him, the said K B., his heirs and assigns, forever. 
 And the said A. B., for himself, his heirs, executors, and adminis- 
 trators, doth covenant, (fee. : [For the necessary covenants, see forms 
 of conveyances and covenants!] 
 
 In witness whereoi^ the party of the first part hath hereunto set 
 his hand and seal, the day and year above ■written. 
 
 Sealed, &c., \as in § 489.] 
 
 8 A.B. [I.S.J 
 
CHAPTER XXn. 
 HIGHWAYS. 
 
 PKACTIOAL REMARKS. 
 
 1. The electors of each town in this State have the power, at their 
 annual town meeting, to determine, by resolution, whether there shall 
 be chosen one, or three. Highway Commissioners: if only one be 
 chosen, he possesses all the powers, and discharges all the duties, of 
 Commissioners, as provided by law. Whenever three Commissioners 
 are chosen, they are to be divided by lot, by the canvassers, mto 
 three classes, to be numbered one, two, and three, who hold theur 
 offices, respectively, for one, two, and three years; and one Com- 
 missioner only will thereafter be annually elected, who wiU hold his 
 office for three years, and until a successor be didy elected, or chosen. 
 
 But in case any Commissioner be elected to fill a vacancy, he will 
 hold the office, only for the imexpired term ; or, if appointed, only 
 until the ensuing town meeting. Vacancies in the office of Com- 
 missioners are to be supplied until the next succeeding annual town 
 meeting, by an appointment in writing, under the hands of any three 
 Justices of the Peace, or two Justices and the Supervisor of the 
 town. Where there are two vacancies to be filled at any town meet- 
 ing, the canvassers must determine by lot, after the canvass, the 
 terms for which they shall respectively hold.' 
 
 2. Whenever any town has determined on having three Commis- 
 sioners, but desires to return two, or have but one, it has the power 
 to do so, by a resolution adopted at an annual town meeting; and 
 when such resolution has been adopted, no other Commissioner can 
 be elected or appointed, until the terms of those in office at the time 
 of adopting the resolution, expire or become vacant Such Com- 
 missioners will be authorized to act until their respective terms be- 
 come vacant or expire, as fuUy as if the three Cjmmissioners con- 
 tinued in office." 
 
 1 Laws 01' 1845, chap. 180, § 2 j Laws of I a Laws of 1847, chap. 455. 
 1847, chap. 456, I 
 
HIGHWAYS. 275 
 
 S. Every Commissioner of Highways hereafter to be elected, or 
 appointed, before entering upon his duties, and within ten days after 
 notice of his election or appointment, must execute to the Supervisor 
 of his town, a bond, with two sureties, to be approved by the Super- 
 visor, by an endorsement thereupon, and filed with him, in the penal 
 sum of one thousand dollai-s." 
 
 4. The general powers and duties of Commissioners of Highways 
 are as follows, viz : 
 
 1. To give directions for the repairing of the roads and bridges, within 
 their respective towns.'' 
 
 2. To regulate the roads already laid out, and to alter such of them aa 
 they, or a majority of them, deem inconvenient: 
 
 3. To cause such of the roads used as highways, as shall have been 
 laid out, but not sufficiently described, and such as shall have been used 
 for twenty years, but not recorded, to be ascertained, described, and en- 
 tered of record, in the Town Clerk's ofBce :^ 
 
 4. To cause the highways, anS the bridges which are or may be 
 erected over streams intersecting highways, to be kept in repair:* 
 
 5. To divide their respective towns into so many road districts as they 
 may judge convenient, by writing, under their hands, to be lodged with 
 the Town Clerk, and by him to be entered in the town book; such divi- 
 sion to be made annually, if they think it necessary, and in aU cases to 
 be made at least ten days before the annual town meeting : 
 
 6. To assign to each of the said road districts such of the inhabitants 
 liable to work on highways as they thiiik proper, having regard to prox- 
 imity of residence as much as may be:' 
 
 7. To require the Overseers of Highways, from time to time, and as 
 often as they deem necessary, to warn all persons assessed to work on 
 highways, to ^me and work thereon, with such implements, carriages, 
 cattle, or sleds, as the said Commissioners, or any one of them, may 
 direct: 
 
 8. To lay out, on actual survey, such new roads in their respective 
 towns as they may deem necessary and proper; and to discontinue such 
 old roads and highways, as shall appear to them, on the oaths of twelve 
 freeholders, of the same town, to have become unnecessary. (They 
 cannot, however, lay out a road, without the consent of the owner,through 
 any orchard of the growth of four years, or more; nor over a garden 
 cultivated four years; nor through any buildings, or any fixtures or 
 erections for the purpose of trade or manafactures, or any yards or en- 
 closures necessary for their use; nor through any enclosed, improved, 
 
 r cultivated lands, without the consent of the owner, or on the oath of 
 velve freeholders:)* 
 
 9. To render to the board of town auditors, at their annual meeting, 
 "i account in writuig, stating the labor assessed and performed in their 
 
 1 Laws of 1845, chap. 180, S 3. 
 « 1 R. S. (3i ed.) 616;6 1 ; 9 Johnson, 349; 
 Id, 452; 2 Hill, 467 ; 6 Id., 463. 
 3 2 .lohnson, 424; 24 Wendell, 491. 
 « 17 Johnson, 461 ; 7 Wendell, 474 ; 2 Hill, 
 
 a. 
 
 4 Hill, 693. 
 
 « 1 R. S. (3d. ed.) 628, 5 69, et seq.; 4 Paige, 
 623 ; 6 Id., 83 ; 4 Cowen, 190 ; 5 Wendell, 
 3S0; 6 Id., 461: 7 Id., 264; 13 Id.. 310; 23 
 Id ,, 324, 360 ; 2 Hill, 443.; 3 Id,, 458. 
 
276 NEW CLEKK'S ASSISTANT. 
 
 respective towns; the sums received by them for fines and oonunutatiosis, 
 and all other monies received under Title 1 of Chapter 16 of Part I. oi 
 the Revised Statutes; the improvements which have been made on the 
 roads and bridges, and an account of the state thereof; and a statement 
 of the improvements necessary to be made:' 
 
 10. To deliver to the Supervisor of their respective towns a statement 
 of the improvements necessary to be made on the roads and bridges, 
 together with the probable expense thereof, which is to be laid by him 
 before the board, at their next meeting:' 
 
 11. To administer oaths to witnesses or jurors, in proceedings had by 
 or before them.' 
 
 12. To cause mile boards, or stones, to be erected, where not already 
 erected, on the post roads, and on such other public roads as they may 
 tJiink proper, at the distance of one mile from each other, and with such 
 fair and legible inscriptions as they may direct:* 
 
 13. To cause guide posts, with proper inscriptions and devices, to be 
 erected at the enterseetions of all the post roads in their town, and at 
 the intersections of such other roads 'tlieroin as they may deem neces- 
 sary.'' 
 
 5. The Overseers of Highways are reqtiired to repair, and keep in 
 order, the highways within their respective districts ; to warn aU per- 
 sons assessed to work thereon ; to cause the noxious weeds on each 
 side of the highway to be cut down or destroyed, out of the high- 
 way work, twice in each year — once before the first day of Jmy, 
 and again before the first day of September ; and to collect all fines 
 and commutation money, and to execute aU lawful orders of the 
 Commissioners. It is also the duty of Overseers to make another 
 assessment, in addition to that made by the Commissioners, on the 
 actual residents in their respective districts, whenever tlfey may deem 
 the same necessary, in order to keep the roads in repair; such 
 assessment must be in the same proportion, as near as may be, and 
 not exceeding one-third of the number of days assessed by the Com- 
 missioners. It is the further duty of every Overseer, once in each 
 month, from the first day of April until the first day of December, to 
 cause aU the loose stones lying on the beaten track of every road with- 
 in his district, to be removed ; to keep up and renew the monuments 
 erected as the boundaries of highways ; to maintain and keep in re- 
 pair, at the expense of the town, such guide posts as may have been 
 erected by the Commissioners ; and whenever the moneys received 
 from commutations and fines are not sufficient to defray the expense 
 of procuring scrapers and plows, or either of them, when directed 
 by the Commissioners, to assess the deficiency upon the inhabitants 
 of the district, according to the last assessment roll of the town. 
 Vacancies in the office of Overseer are to be filled by the Commis- 
 
 1 1 11. S. (Sd ed.) 617, § 3. | « 1 R. S. (3d ed.) Cir, S 5. 
 
 a 1 R. S. (3d od.) 617, § 4 ; 1 Hill. 50. I i 1 R, S. (3d ed.) 018, § W. 
 S Laws of 1845, chap. 180, S 2. | 
 
HIGHWATS. 271 
 
 sioners, under a warrant to be filed in the office of the Town Clerk, 
 who is required to give notice to the person appointed. If an Over- 
 seer neglects or refuses to perform his duty, the Commissioners are 
 required to prosecute him for the same : if a complaint be made by 
 a person resident in the town, such person must give, or oflFer, suffi- 
 cient security to indemnify the Commissioners against costs, who are 
 thereupon forthwith to prosecute the Overseer for the oflfence com- 
 plained of 
 
 6. Every person owning, or occupying land, in the town in which 
 he or she resides ; every male inhabitant above the age of twenty-one 
 years, residing in the town where an assessment is made ; and all 
 moneyed or stock corporations which appear on the last assessment 
 roll of their town to have been assessed therein ; are to be assessed 
 to work on public highways in such town : the lands of non-residents 
 are also to be assessed for highway labor.' 
 
 7. Each Overseer of Highways is required to deliver to the Clerk 
 of the town, within sixteen days after his election or appointment, a 
 Ust, subscribed by him, of the names of all inhabitants in his road 
 district, liable to work on highways.' 
 
 8. The Commissioners of Highways are to meet within eighteen 
 days after their election, at the place of holding the town meeting, 
 on such day as they may agree on, and afterwards, at such other 
 times and places as they may think proper. The lists of the Overseers 
 are to be delivered to them by the Town Clerk; and at their next, oi 
 some subsequent meeting, they are to ascertain, estimate and assess, 
 the highway labor to be performed in their town the then ensuing year, 
 as follows : The whole number of days' work to be assessed in each 
 year must be at least three times the taxable number of inhabitants in 
 the town ; every male inhabitant, being above the age of twenty-one 
 years, (excepting ministers of the gospel and priests of every denomi- 
 nation, paupers, idiots and lunatics,) must be assessed at least one day ; 
 the residue of the work is to be apportioned upon.the real and personal 
 estate of every inhabitant, as the same may appear ki the last assess- 
 ment roll of the town; and upon each tract, or parcel of land, 
 owned by non-residents : aU deficienc^s in the number of days' work 
 are to be assessed in the same manner. The Commissioners must 
 also affix the number of days' work assessed, to the name of each 
 person mentioned in the lists furnished by the Overseers, and to the 
 description of each tract, or parcel, of non-resident lands ; such lists, 
 when completed, are to ' be ffied with the Town Clerk, who is re- 
 
 1 1 R. S. (3d. ed.) 617, 618. 6§ 6-8; Id., 618, 
 §5 10-12; Id., 619, § 17; 10 Johnson, 470; 11 
 Id., 432; 17 Id., 439; 18 Id., 407; 1 Cowen, 
 260; 3 Wendell, 193; 7 Id., 181; 11 Id., 667; 
 .9 Id.. 50; S Hill, 215. 
 
 2 1 R. S. (3d. ed.) 620, 6 19; Laws of 1837 
 chap. 431; 12 Wendell, 390. 
 8 1R. S. (3d. ed.)620, 5 21. 
 
^^® NEW CLERK'S ASSISTANT. 
 
 quired to make copies of each Ust, to be subscribed by the Commis- 
 sioners, and delivered to the Overseers.' 
 
 9. At the first, or any subsequent meeting, of the Commissioners, 
 they are required to make out a list and statement of all lots, pieces, 
 or parcels of land, owned by non-residents in their several towns ; 
 describing each lot, in the same manner as is required from Asses 
 sors;- and giving the value aflfixed to such lot in the last assessment 
 roU of the town, or, if not separately valued in such roll, then the 
 proportionate value thereof. Lands of non-residents occupied and 
 improved by the owner or owners, or his or their servants or agents, 
 are liable to the same assessment for highways as if the owner or 
 owners were residents. Whenever any non-resident owner conceives 
 himself aggrieved by the assessment of the Commissioners of High- 
 ways, an appeal may be made by such owner, or his agent, within 
 thirty days after such assessment, to three Judges of the county in 
 which the land is situated, who are required, within twenty days 
 thereafter, to convene, and decide on such appeal: Notice of the 
 meeting is to be given by the owner, or agent, to the Commissioners, 
 nnd the decision of the Judges, or of any two of them, will be final." 
 
 10. It is the duty of Commissioners of Highways to credit persons 
 living on private roads, and working the same, so much on their as- 
 sessments as such Commissioners may deem necessary to work such 
 private roads; or to annex the same to some of the highway dis- 
 tricts.' 
 
 11. Every person liable to work on highways, except an Overseer, 
 may commute for the whole, or any part of the number of days as- 
 sessed to him, at the rate of sixty-two and a half cents for each day, 
 to be paid within twenty-four hours after being notified to appear and 
 work' 
 
 12. Overseers are reqiiired to give twenty-four hours, notice to 
 persons assessed to work on highways. No person, being a resident 
 of a town, can be required to work on any highway, except in the 
 district where he resides, unless, upon his application, the Commis- 
 sioners consent- that he may apply his work in some district where 
 he has land. Overseers may require from persons having the same, 
 who are assessed, and have not commuted, a team ; or a cart, wagon, 
 or plow, with a pair of horses, or oxen, and a man to manage them ; 
 and the person furnishing the same will be entitled to a credit of 
 three days, for each day's service therewith.' 
 
 13. The fine for a refusal, or neglect, to appear and work when 
 notified by the Overseer, is one dollar for each day ; and twelve and 
 
 - 1 R. S. (34. ed.) 620, §J 20, 23, 24 ; Id,, I » 1 R. S. (3d. ed.) 623, § 38 ; Laws of ISSi 
 622, §36; LaWB of 1835, chap. 154. chap. 164. 
 
 a 1 R, b. (3d. ed.) 620, § 22, et seq. : Id., 445, * 1 R. S. (3d. ed.) 624, 6§ 44, 45. 
 
 {.5 11-13 i> 1 R. S. (3d. ed.1 624, §§ 41, 46. 
 
HIGHWAYS. 279 
 
 a half cents for every hour any person or his substitute may be in de- 
 fault Every person, ir substitute, remaining idle, or not working 
 faithfully, or hindering c'hers from work, is uable to be fined one 
 dollar for each offence. L' a person, required to furnish a team, car- 
 riage, man, or implements, neglects or refuses to comply, he may be 
 fined three dollars for each day, for wholly omitting to comply with 
 the requisition; and one dollar for each day, for omitting to furnish 
 a cart, wagon, or plough, or a pair of horses, or oxen, or a man to 
 manage the team. Overseers are required to make complaint on 
 oath, to one of the Justices of the Peace of the town, within six days 
 after any person assessed shall be guilty of any refusal or neglect, 
 for which a penalty or fine is prescribed, unless some satisfactoiy 
 excuse be rendered.* 
 
 14. The Commissioners of Highways are required to present a • 
 statement to the Supervisors of their respective towns, showing the 
 amount of money necessary to be raised for improving the roads and 
 bridges : this statement is to be laid before the Board of Supervisors, 
 who are directed to assess, levy and collect, the amount therein speci- 
 fied, not exceeding two hundred and fifty dollars in any one year, in 
 the same manner as other town charges. The electors of any town 
 may direct an additional sum of two hundred and fifty dollars, in any 
 one year, to be raised, if the Commissioners deem it to be necessary, 
 and make application for that purpose at the annual town meeting ; 
 notice of which application must be given by the Commissioners, at 
 least four weeks preceding the town meeting, to be posted up in at 
 least five of the most pubEc places in the town. The vote directing 
 the last mentioned sum to be raised, must be recorded in the minutes, 
 and the Town Clerk is required to deliver a copy of the resolution 
 to the Supervisor, to be laid by him before the board, and the amount 
 specified therein is to be collected as above provided. The Board of 
 Supervisors may also cause to be levied, collected, and paid, in like 
 manner, such sum of money, ia addition to the two sums above men- 
 tioned, not exceeding five hundred dollars in any one year, as a ma- 
 jority of the qualified voters of any town may have voted, at any legal 
 town meeting, to be raised in their town, for constructing roads and . 
 bridges therein: a written notice of the application to raise such 
 amounts must be posted on the door of the house where the town 
 meeting is to be held, and at three public places in the town, for two 
 weeks before the town meeting, and also be openly read to the electors 
 present, immediately after the opening of the meeting. The Board 
 of Supervisors of any county, also, have the power to authorize a 
 town, by a vote of such town, to borrow any sum of money, not ex- 
 ceeding four thousand dollars in one year, to build or repair any 
 
 • 1 R. a (34. ed.) 625, §47, et sea. 1 Jihnaon 615 ; 3 Id., 471 ; B Id., 123 ; 10 Id , 470 
 
280 KEW CLERK'S ASSISTANT. 
 
 roads or bridges in such town, and prescribe the time for the pay- 
 ment of the same, which time shaJl be within ten years, and for 
 assessing the principal and interest thereof on such town.' 
 
 15. Whenever any damages are allowed to be assessed by law, 
 when any road or highway shall be laid out, altered, or discontinued, 
 in whole or in part, such damages shall be assessed by not less than 
 three Commissioners, to be appointed by the County Court of the 
 coimty in which such road or highway shaU be, on the appIica'*ion of 
 the Commissioner or Commissioners of the town ; and the Commis- 
 sioners so appointed shall ^^^ the oath of office prescribed by the 
 constitution, and shall proceed, on receiving at least six days' notice 
 of the time and place, to meet the Highway Commissioners, and take 
 a view of thepremises, and hear the parties, and such witnesses as may 
 be offered ■ before them ; and they shall all meet and act, and shall 
 assess all damages which may be required to be assessed on the same 
 highway, and shall be authorized to administer oaths to all witnesses 
 produced before them. When all the Commissioners shall have met 
 aiid acted, the assessment agreed to by a majority of them will be 
 valid ; and when made, it is to be delivered to a Commissioner of 
 Highways of the town, who is required to file' it within ten days after 
 receiving it, in the office of the Town Clerk. Any person conceiving 
 himself aggrieved, or the Commissioner or Commissioners of High- 
 ways of the town, feeling dissatisfied by reason of any such assess- 
 ment, may, within twenty days after the filing thereof, as aforesaid, 
 sig-nify the same by notice in writing, and serving the same on the 
 Town Clerk and on the opposite party, that is, the persons for whom 
 the assessments were made, or the Commissioner or Commissioners 
 of Highways, as the case may be, asking for a jury to re-assess the 
 damages, and specifying a time, not less than ten, nor more than twenty 
 days from the time of filin g the said assessment, when the jury will 
 be drawn at the Clerk's office of an adjoining town of the same 
 county, by the Town Clerk thereof The notice must be served upon 
 the opposite party, as aforesaid, within three days after the service 
 upon the Town Clerk, and may be served personally, or by leaving 
 the same at the dwelling house of the party, with some person in 
 charge thereof, or, if there be no such person, or the house be closed, 
 then by affixing the same to the outer door of the said dwelling 
 house." 
 
 16. Three days' previous notice that a jury is to be drawn, must 
 be served by the person or party asking a re-assessment, on the Tot\ u 
 Clerk of the adjoining town; and at the time and place specified in 
 such notice, said Clerk wiU deposit in a box the names of all persons 
 then resident of the town, whose names are on the last jury list, and 
 
 1 1 R. S. (3d. ed.) 617, 5 4 ; LaWB of 1832, | 9 Laws of 1845, ehap. ISO : Laws of 1847, 
 chap. 274 ; Laws of 1838, chap. 314 ; 1 Hill, chap. 455. 
 60 ; Laws of 1849, chap. 194. I 
 
HIGHWAYS. 281 
 
 who are not interested in the lands through which such road shall 
 be located, nor of kin to either or any of the parties, and draw there- 
 from the names of twelve jurors. The Clerk is required to make a 
 certificate oPthe drawing, setting forth the names, and the purposes 
 for which they are drawn, which is to be delivered to the party ask- 
 ing for the re-assessment' 
 
 IV. The party receiving the certificate as aforesaid, must deUver 
 the same, within twenty-four hours thereafter, to a Justice of the 
 Peace of the town wherein the damages are to be assessed, by whom 
 a summons is to be forthwith- issued to one of the constables of the 
 town, directing him to summon the persons named in the certificate 
 of the Town Clerk, and specifying a time and place for them to meet, 
 which must not be within twenty days from the time of filing the 
 original assessment in the office of the Town Clerk. On the appear- 
 ance of the persons summoned, the Justice who issued the summons 
 will draw by lot six of those attending, to serve as a jury, and the 
 fii'st six drawn, who are free from legal exceptions, shall constitute such 
 jury. The jurors are to be sworn, well and truly to determine and 
 re-assess such damages as shall be submitted to their consideration; 
 they are to take a view of the premises, hear the parties, and such 
 witnesses as may be produced, who are to be sworn by the Justice, 
 and render their verdict in writing under their hands. Such verdici 
 will be certified by the Justice, and delivered to the Commissioners 
 of Highways of the town ; and the same will be final' 
 
 18. In all cases of assessments under the foregoing provisions, the 
 costs thereof wiU be paid by the town in which the damages shaU be 
 assessed ; and in cases of re-assessments by a jury, on the application 
 of the Commissioners of Highways, if the first assessment be reduced, 
 the costs of such first assessment wiO be paid by the party claiming 
 the damages, but if not reduced, then by the town. Where a re- 
 assessment is had on the application of a party claiming damages, if 
 the damages be increased, the costs shall be paid by the tovra, but 
 if not, they shall be paid by such party. Whef e several persons be- 
 come liable for costs, they are so liable in proportion to the amount 
 of damages respectively assessed to them by the first assessment' 
 
 19. When applications are made by two or more persons for a jury 
 to re-assess damages, such jury wiU be drawn and summoned in ac- 
 cordance with the notice first served upon the Clerk of the town in 
 which the damages are to be assessed.* 
 
 20. Any person conceiving himself aggrieved by any determina- 
 tion of the Commissioner of Highways, either in laying out, altering 
 or discontinuing any road, or in refusing to lay out, alter or discon- 
 
 1 Laws of 1847, chap. 455. I Laws of 1847, chap. 465. 
 
 « Laws of 1847, chap. 465. | « Laws (if 1847, chap. 4*5. 
 
282 NE-w CLERK'S ASSISTANT. 
 
 tinue, any road, may, at any time •within sixty days after such determi- 
 nation shall have been filed in the oflSce of the Town Clerk, appeal 
 to the County Judge of the county. Such Judge, or, if he be a 
 resident of the town, or be interested in the lands through which the 
 road is laid out, or of kin to any of the persons interested in such 
 lands, or in case of his disability for any cause, then one of the Justi- 
 ces of the Sessions shall, after the expiration of the said sixty days. 
 appoint in writing three disiuterested freeholders, who shall not have 
 been named by the parties interested in the appeal, and who shah 
 be residents of the county, but not of the town, in which the road is 
 located, as referees to hear and determine all the appeals that may 
 have been brought within the said sixty days. The Judge, or Jus- 
 tice, must, also, notify the referees of their appointment, and dehver 
 to them all papers pertaining to the matters referred to them.' 
 
 21. Upon receiving notice of their appointment, the referees are 
 authorized to hear and determine the appeal or appeals referred to 
 them; but before proceeding to hear the same, they must be sworn 
 by some officer authorized to take affidavits to be read in courts of 
 record, faithfully to hear and determine the matters so referred to 
 them. The decision of such referees must be filed in the office of 
 the Town Clerk in which the road is located, and be carried into 
 effect by the Commissioners of Highways. Such decision cannot 
 be altered within four years from the time of filing the same. The 
 fees of the referees are to be paid by the party appealing, where 
 the deoiaon of the Commissioners is confirmed ; otherwise, by the 
 oounty.2 
 
 22. In all cases of assessments of damages for laying out, or alter- 
 ing a private road, the Commissioners of Highways of the town 
 where the same is situated, must serve a notice on the Town Clerk, 
 and on the peraon, or persons, interested in the road, specifying a 
 time when a jury of the town will be sumnoned to assess the dam- 
 ages for laying out or altering such road. The time must not be 
 less than six, nor more &an ten days, from the time of service of 
 the notice. At the time mentioned in the notice, the Town Clerk 
 will draw twelve jurors from the last jury list, in the same manner 
 as on applications for re-assessments ; and the drawing will be cer- 
 tified to a Justice of the Peace, the jurors summoned, and their 
 proceedings be conducted as on the aforesaid applications for re- 
 assessments. The same jury will assess all damages required to be 
 assessed for the same road. All damages assessed for laying out, or 
 altering any private road, together with the costs of the assessment, 
 are to be paid by the party applying for the road.' 
 
 23. All damages finally assessed, or agreed upon, by the Com- 
 
 1 Laws of 1845, chap. 180 ; Laws of 188T, I ' Laws of 1847, clap. 458. 
 «bep. 4SEk 1 ' liaws of 1347, chap. 456. 
 
HIGHWAYS. 283 
 
 missioners of Highways, tor the laying out of any road, except pri- 
 vate toads, are to be laid before the Board of Supervisors, by the 
 Supervisor of the town, to be audited with the charges of all per- 
 sons or officers employed in making such assessment; and such 
 damages are to be levied and collected in the town in which the 
 road is located, in the same manner as other charges for which said 
 town is liable.' 
 
 24. No private road can be laid out over the lands of any person, 
 witliout his consent, or the decision of a jury.' 
 
 25. Where there are three Commissioners in any town, any order 
 signed by two of them will be valid, if it appear in such order, that 
 all the • Commissioners met and delibirated on the subject of the 
 order, or were duly notified to attend a meeting of the Commission- 
 ers for the purpose -of deliberating thereon.' 
 
 26. Commissioners of Highways cannot maintain an action in their 
 otficia. name or title, but must use their individual names, affiyjng 
 their official uue , a.« " E. F. Comrmissioner of Highways of the town 
 of , in the county of , plaintiff, Ac."* 
 
 27. A bond taken in the name of a Commissioner of Highways, ' 
 for the benefit of the town even, is absolutely void — as Commission- 
 ers have no authority to take a bond virtute officii.'' 
 
 28. For the provisions of the Revised Statutes in relation to High- 
 ways, see Title 1, of Chapter 16, of Part I. 
 
 29. The Commissioners of Highways of adjoinmg towns may en- 
 ter into contracts to buHd or repair bridges over streams dividing 
 such towns, and may be sued thereon.' 
 
 30. Where a public highway has been transferred to a plank 
 road company, and the interest of the public in the road is paid for, 
 the corporation succeeds to all the rights of the town Commissioners, 
 in respect of making repairs, &c.' 
 
 FOEMS. 
 
 § 491. Appointment of a Commissioner to Jill a Vacancy. 
 County, ) 
 Town of ,P^- 
 
 Whereas, E. F., duly elected [or, appointed] a Commissioner of 
 Highways in and for said town; to serve until the day of 
 
 1 Laws of 1847, chap. 455. 
 
 2 i Hill, 410 ; 6 Id., 47 ; Amended Consti- 
 tution of New York, Art. I. § 7. 
 
 3 1 E. S (3d ed.) 6U, 5 154 ; 22 Wendell, 
 134. 
 
 * 4 HiU, 136 ; 5 Id., 215 ; 1 Denie, 510. 
 6 4 Barbour's S. C. Ren., 51. 
 « Laws of 1841, chap.ZSS. 
 ' 3 Barbour's S. C. Rep.. 459' 
 
284 MEW CLERK'S ASSISTANT. 
 
 18 i lias deceased, [or, has removed from said town; or, as the 
 
 case may be:"] by reason whereof a vacancy exists in the office of 
 such commissioner: 
 
 Now, therefore, we, the imdersigned, three Justices of the Peace 
 of the said town, [or, the Supervisor and two Justices of the Peace 
 of the said town,] do hereby appoint K F., to serve as such Com- 
 missioner, in the stead of the said E. F., until the next annual town 
 meeting, to be held in said town, on the day of next 
 
 Given under our hands, this day of ,18 
 
 p TT A 
 
 q" rp' / Justices of 
 "• ^' f the Peace. 
 
 L.M. 
 
 § 492. Commissioner's Bond. 
 Know all men by these presents : That we, E. F., L. M., and S. T., 
 of the town of , in the county of , are held and 
 
 firmly bound unto A. B., Supervisor of said town of , in 
 
 the penal sum of one thousand dollars, to be paid to the said A. B., 
 and his successor in office ; to which payment, well and truly to be 
 made, we bind ourselves, and our, and each of our heirs, executors, 
 and administrators, jointly and severally, firmly by these presents. 
 Sealed with our seals, and dated the day of 
 
 A. D. 18 . 
 
 Whereas, the above bounden E. F. has been duly elected, [or, 
 appointed,] a Commissioner of Highways in and for the said town of 
 , to serve for the term of three years from the day 
 
 of , 18 , [or, if appointed to Jill a vacancy, say: to 
 
 serve imtil the day of , 18 ,J and until a suc- 
 
 cessor shall be duly elected or chosen : Now, therefore, the condition 
 of this obligation is such, that if the said E. F. shall faithfully dis- 
 charge his duties as such Commissioner, and withia ten days after the 
 expiration of his term of office, pay over to his successor what money 
 may be 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, then the above obligation to be void ; else 
 to remain in force. 
 
 Sealed, agned, and delivered, J E. F. 
 
 in presence of \ L. M. 
 
 G. H. ) S. T. 
 
 I approve of the sureties named in the above bond Dated at 
 , the day of • , 18 . 
 
 A. B., Supervisor of the town of 
 
 L. S. 
 L. S. 
 L. S. 
 
HIGHWAYS. 
 
 285 
 
 § 493. Ordsr for Ascertaining a Road Imperfectly Described, or 
 not Recorded. 
 County,) 
 Town of P®- 
 
 Whereas, a road leading from to , in said town 
 
 of , now used as a highway, was laid out by the Commis- 
 
 sioners of the said town, on the day of , 18 , 
 
 but not sufficiently described of record, \or, has been used for twenty 
 years for such highway, but has never been recorded :] Now, there- 
 fore, I, the undersigned, the Commissioner of Highways of said town, 
 [or, we, &c., the Commissioners, &c. ; or, two of the Commissioners, 
 &c., all of the said Commissioners haying been duly notified to attend 
 and deliberate on the subject of this order,] do order that said road 
 be ascei-tained, described, and entered of record, in the Clerk's office 
 of said town, according to a survey which has been made under my 
 [or, our] direction, as follows: [insert the survey. "l [If only OTie line 
 is surveyed, add: And I do further order, that the line of said survey 
 be the centre [or, west line] of said road, and that the said road be 
 of the width of rods.] 
 
 Given under my hand, [or, our hands,] this day of , 
 
 A.D. 18 . 
 
 E. F., Commissioner. 
 
 § 494. Annual Account for the Town Auditors. 
 To the Board of Town Auditors of the Town of , in the 
 
 County of : 
 
 The annual account of the Commissioner of Highways of the said 
 town of , for the year ending the day of , 
 
 18 , showeth as follows, viz. : 
 
 1. The labor assessed in said town, during the year ending on the 
 
 day of , 18, , is days, and the amoimt of 
 
 said labor actually performed is days; as appears by the 
 
 returns made to me by the several Overseers of Highways in said 
 town. 
 
 2. I have received for fines and commutations, under the statutes 
 relative to highways, the sum of dollars, as follows, viz : 
 
 Bate. 
 
 From whom received. 
 
 On what account. 
 
 Amount 
 received. 
 
 18 . 
 
 July 6, 
 
 . Oct; 9, 
 
 John Jones, 
 James Jackson. 
 
 Balance of money receivedby him 
 
 as Overseer, 
 Fine for obstructing highway, 
 
 «7,85 
 «6,00 
 
286 NEW CLERK'S ASSISTANT. 
 
 3. The improvements which have been made on the roads and 
 bridges in said town of , during the said year, are [state the 
 improvements;'] and the condition and situation of the roads and 
 bridges in said town is, &o., [state the situation.] 
 
 4. The following improvements, in my opinion, are necessary im- 
 provements to be made on the roads and bridges in said town, to wit: 
 [state the improvements deemed necessary;] and the expense of ma- 
 king such improvements, beyond what the labor to be assessed this 
 year will accomplish, is estimated by me at $ 
 
 Given, (fee, [as in § 493.] 
 
 § 495. Statement and UstimMe for the Supervisor. 
 To the Supervisor of the town of , in the County of : 
 
 The Commissioner of Highways of said town reports, that the 
 following improvements, viz : [follow the 3d and Uh clauses of the 
 Report to the Town Auditors, as near as may 5e.] 
 
 Given, <fec., [as in § 493.] 
 
 § 496. Notice of Applicaiion for Additional Sum- 
 
 PUBLIC NOTICE. 
 
 Notice is hereby given, to the electors of the town of , in 
 
 the county of , that I, the undersigned, the Commissioner of 
 
 Highways of said town, am of opinion that the simi of two hundred 
 and fifty dollars, as now allowed by law, will be insufficient to pay 
 the expenses actually necessary for the improvement of roads and 
 bridges in said town ; and that the additional sum of $ is neces- 
 . sary to make a bridge across the , near the house of , 
 
 in said town, [or, to repair the bridge, &c. ; or, to improve the road 
 at, &o. :] And that I shall apply at the next annual town meeting of 
 said town, in open town meeting, for a vote authorizing the said sum 
 of $ , to be raised for the purpose aforesaid. 
 
 Dated the day of , 18 . 
 
 E. F., Commissioner. 
 
 § 497. Order dividing Town into Districts. 
 County, ) 
 Town of ,\^ 
 
 I, E. R, the Commissioner, of Highways of said town of 
 do hereby order, that the said town be divided into road dis- 
 
 tricts, as follows, to wit: Eoad district number one shall embrace all 
 of the highway commencing at [description:] and all the inhabitants 
 
HIGHWAYS. 287 
 
 fiable to work on the highways, residing therein, shall be and are 
 hereby assigned to work on said district number one. [If any inha- 
 bitants residing out of the district, are assigned to the district, add: 
 And the following inhabitants residing out of the said distnct, are 
 assigned and required to work on the same, viz : A., B., C, &c. :] 
 Disfiict number two, shall, &c. [ Continue a,s aforesaid, witil the 
 whole town is dividedJi 
 Given, &c., [as in § 493.] 
 
 § 498. Appointment of Overseer, in case of Vacancy. 
 
 County,) 
 Town of ,p^- 
 
 Whereas, a vacancy has occurred in the office of Overseer of 
 Highways, for road district number , in said town, by reason 
 
 of the removal [or, refusal to serve ; or, death] of 0. P., elected to 
 said office : Now, therefore, I, the imdersigned, the Commissioner 
 of Highways of said town, [or. We, &c., the Commissioners o^ &c. ; 
 or, two of the Commissioners of, &c., all of said Commissioners hav- 
 ing been didy notified to attend and deliberate on the subject of this 
 warrant,] do hereby appoint M. B., Overseer of Highways, of and 
 for the said road district, mimber , in said town, to fill the said 
 
 vacancy. 
 
 Given, &c., [as in § 493:] 
 
 § 499. Overseer's List of Persons Liable to do ^ghway Labor. 
 Town of , ss : 
 
 I, 0. P., Overseer of Highways for road district number , 
 
 in the town of , in lie county of , do certify, that the 
 
 following is a true and correct list of all the inhabitants who are liar 
 ble to work on highways, m said road district number , viz: 
 
 ' John Smith, James Jackson, 
 
 George Johnson, Bichard Eoe, 
 
 &c., &c., &c., dec. 
 
 Dated the day of , 18 . 0. P. Overseer. 
 
 § 500. List and Statement of Uon-Eesident Lands. 
 
 A list and statement of the contents of all lots, pieces, or parcels 
 of land, within the town of , in the county of t owned 
 
 by non-residents therein : 
 
288 
 
 NEW CLERK'S ASSISTANT. 
 
 Owners, 
 
 No. of District. 
 
 DescriptioD. 
 
 Value. 
 
 No. of 
 days. 
 
 A.B. 
 
 21. 
 
 East half of sub-diylsiou 
 No. , &c. - 
 
 «2,000 00 
 
 10 
 
 Giyen, &c., [as in § 493.] 
 
 § 501. Assessment of Highway Labor, 
 County,) 
 Town of ,S 
 
 I, E. F„ the Commissioner of Highways of the said town of , 
 
 having proceeded to ascertain, estimate and assess, the highway la- 
 bor to be performed in said town for the ensuing year; \or. We, <fec., 
 the Commissioners, &c. ; or, two of the Commissioners of Highways 
 of the said town of , having met in said town on the 
 
 day of , 18 , and proceeded to ascertain, estimate and assess, 
 
 the highway labor to be performed in the said town for the ensuing 
 year; all the Commissioners of Highways of said town having been 
 duly notified to attend the said meeting of the Commissioners for the 
 purpose of deliberating thereon;] have made out the estimate and 
 assessment for road district number , in said town, to wit: 
 
 1. The inhabitants of said tovra assigned to said road district, are 
 orisessed as follows, viz : 
 
 Names. No. of Days. 
 
 John Doe, ----- 1 
 
 John Stiles, 10 
 
 Eichard Roe, -------------, 8 
 
 \If there are any non-resident lands in the town, then add: 
 
 2. The lands owned by non-residents of said town, and situate 
 therein, are assessed as follows, viz : 
 
 Owner's name. 
 
 Description of lands. 
 
 Value. 
 
 Assessment. 
 
 James Jackson. 
 
 Lot No. 
 
 , &c: 
 
 tl,000 00 
 
 Four days.] 
 
 Given, &c., [as in § 493.] 
 
 § 502. Appeal to Three Judges, by Non-Sesident 
 
 County,) g. 
 Town of , j ■ 
 
 A. B., a non-resident owner of lands in said town, considering, [or, 
 C. D., an agent of A. B., a non-resident owner of lands in saia 
 town, who considers] himself aggrieved in the assessment for high- 
 
HIGHWAYS. 289 
 
 way labor made by E. R, the Commissioner of Highways of said 
 town, on the following described lands, to wit : [insert the description 
 as hy the Qommissioner^ doth hereby appeal from the assessment 
 of said Commissioner, to the Hon. G. H., S. T., and L, M., three of 
 the Judges of the Court of Common Pleas, [or, the Judge and Jus 
 tices of the Court of Sessions^] of the said Coimty of 
 Dated , the day of , 18 . 
 
 A. P 
 \pr, A. B., by C. D., Agent] 
 
 § 503. Notice to Commissioner of Appeal. 
 To E. F., Commissioner of Highways of the Town of : 
 
 Tou are hereby notified that, considering myself aggrieved by 
 your assessment for highway labor, on the land owned by me, in 
 said town, I have this day appealed to the honorable G. H., S. T.. 
 and L. M., three of the Judges, &c., \as in § 502,] of the county of 
 
 , who will convene at the house of R F„ on the 
 day of , at o'clock in the noon, to decide oa 
 
 said appeal 
 
 Dated the day of , 18 • 
 
 Yours, <fec., A. B. 
 
 § 504. Commissioner's Consent to Work in another District. 
 
 Whereas. A. B., a resident of road district number , in the 
 
 town of , in the county of , is assessed days' 
 
 labor, in district number , in said town, for lands situate in 
 
 district number , and, at his request, I hereby approve 
 
 of his applying the work assessed in respect to such lands, in the 
 district where they are situated. 
 
 Given, &c. [as in § 493.] 
 
 § 505. Overseer's Warrant. 
 
 To 0. P., Overseer of Road District No. , in the Town of 
 
 , , the description of which is as follows, viz : [give del- 
 
 cription.\ 
 
 Tou are hereby commanded and required, to take charge of the 
 
 men whose names are hereunto annexed, and cause them faithfully 
 
 to work the number of days herein specified, (one-half to be done on 
 
 M 
 
290 
 
 NEW CLERK'S ASSISTANT. 
 
 the day of next,) and make return to me on the 
 
 second Tuesday next preceeding the annual meeting of said town. 
 Given, &c., [as in § 493.] 
 
 E. F., Commissioner, 
 
 Names. 
 
 No. of 
 days. 
 
 Names. 
 
 No. of 
 days. 
 
 John Jones. 
 
 4 
 
 James Jackson. 
 
 3 1-2 
 
 § 506. I7ew Assessment hy an Overseer. 
 Town of , ss : 
 
 Whereas, the quantity of labor assessed on the inhabitants of road 
 district number , in said town of , for the year 
 
 18 , is deemed insufficient by the subscriber, the Overseer of ifigh- 
 ways of said district, to keep the roads in said district in repair : 
 
 I have, therefore, made another assessment on the actual residents 
 in said road district, in the same proportion, as near as may be, and 
 not exceeding one-third of the number of days assessed in the same 
 year by the Commissioner of Highways of the said town of , 
 
 on the inhabitants of said district; which assessment is as follows, to 
 wit: 
 
 N-mes. ly 
 
 Names. 
 
 No. of 
 days. 
 
 A. B. 1 
 G. H. 1 10 
 
 L. M. 
 S.T. 
 
 1 
 
 Given under my hand, this 
 
 day of 
 
 18 . 
 0. P., Overseer. 
 
 § 507. Overseer's Notice to Agent of Non- Resident.^ 
 
 To C. D., agent of A. B., a non-resident owner of lands in the town 
 of , in the couiity of : 
 
 Take notice, that A. B., a non-residenl^ is assessed days' 
 
 labor, in road district number , in said town, and that said 
 
 labor is required to be performed on the day of next, 
 
 and the days following, near the house of E. F. and the 
 
 river, in said district. 
 
 Dated the day of , 18 . 
 
 Yours, &c., O. P., Overseer. 
 
 1 The notice is to be given at least five dayi previous to the time appomted. 
 
HIGHWATS. 291 
 
 § 508. Notice in case of Non-Rendents} 
 
 Notice is hereby given, that the labor assessed on the several tracts 
 of land in the town of , in the county of , herem- 
 
 after mentioned, ■which have been assessed as owned by non-residents, 
 is to be performed on the day of next, on the high- 
 
 way in said district, between the dwelling houses of E. F. and C. D. ; 
 and the owners of said land, or their agents, are hereby required 
 to cause the said labor to be performed accordingly : 
 
 Owner's name. | Description of land or tract. | Assessment 
 
 John Doe. | South part of lot No. 50, lOU acres. | Ten days. 
 
 Dated the day of ,18 
 
 O. P., Overseer. 
 
 § 509. Assessment for a Scraper. 
 
 Town of , ss : 
 
 Whereas, the Commissioner of Highways in said town of 
 has directed and empowered the Overseer in district number , 
 
 in said town, to procure a good and sufficient iron, or steel shod scra- 
 per, [add, and plow, if necessary, "] for the use of said road district; 
 and whereas, the moneys arising from commutations and fines within 
 the said district, are insufficient for that purpose : Now, therefore, I, 
 the undersigned. Overseer of said district, have assessed the defi- 
 ciency upon the inhabitants of the district, in the proportion they 
 are respectively assessed on the assessment roU of said town, as fol- 
 lows, to wit: 
 
 A. B., ...■..■'. $1 00 
 C. D., I ■ I 60 
 
 Given, &c., [as in § 506.] 
 
 § 510. Complaint to Commissioner against Overseer. 
 
 To the Commissioner of Highways of the Town of , in the 
 
 County of : 
 
 The cotuplaint of A. B., a resident of the town of , afore- 
 
 said, respectfully showeth: That 0. P., the Overseer of Highways 
 
 2 This ^otice is to be posted on the outer I time appointed for performing the labor 
 door of the building where the last town meet- 1 provided, however, that no agent of tlio own 
 ing was held, at least twenty days before the { ers can be found in the town. 
 
292 
 
 IfEW CLERK'S ASSISTANT. 
 
 for road district number , in said toma, has neglected and 
 
 refused to warn T. W. to work on the highwayn in said district, after 
 having been required by you so to do ; [or, has neglected to collect 
 the sum of one dollar, imposed as a fine upon E. F., for neglect to 
 appear and work upon the highways in said district:] and I, the 
 said A. B., hereby require you to prosecute the said 0. P., for the 
 said oflfence. Dated ^e day of , 18 . 
 
 A.B. 
 
 § 511. Security to be Given ly the Oomplainant. 
 
 Know all men by these presents: That we, A. B. and C. D., of 
 the town of , in the county of , are held and firmly 
 
 bound, unto E. R, the Commissioner of Highways of the town of 
 , in the county of , in the sum of $ , foi 
 
 the payment of which sum we bind ourselves and our legal repre- 
 sentatives, jointly and severally. Sealed with our seals. Dated, &c. 
 
 The condition of this obligation is such, that if A. B. does well and 
 truly indemnify, and save harmless, the said Commissioner, against 
 the costs which may be incurred in prosecuting O. P., the Overseer 
 of Highways in road district number , in said town, for the 
 
 penalty incurred by him, for the refusal or neglect set forth in the 
 complaint of A. B., this day made to the said Commissioner, then 
 this obligation to be void; otherwise, in force. 
 
 A.B. 
 CD. 
 
 t'^ 
 
 § 512. Assessment of Persons left out of the List. 
 
 Town of , ss: 
 
 The persons hereinafter named having been left out of the within 
 [or, annexed] list for road district number , m said town, [or, 
 
 having become inhabitants of said district since the making of the 
 said iSt:] I do hereby assess the said persons to work on the high- 
 ways in said district, as follows, to wit: 
 
 Names. No. of Days. 
 John Denn, ■ i • • i • i « i 4 
 Bichard Fenn, 8 
 
 Given, &c., [as in § 606.] 
 
HIGHWAYS: 293 
 
 § 613. Appeal to Commissioner from Assessment of Overseer. 
 
 To E. R, Commissioner of Highways of the Town of , in 
 
 the County of : 
 
 The undersigned having been assessed by the Overseer of road 
 district number , in said town, days' labor on the high- 
 
 ways, on the ground that he is a new inhabitant of said district, [or, 
 that his name had been omitted by the Commissioner in said town;] 
 and considering himself aggrieved by said assessment, doth hereby 
 appeal to you from the same. 
 
 Dated the day of , 18 . A. B. 
 
 § 514. Complaint against a Person Hefvsinff to Work. 
 
 County,) 
 Town of .p^- 
 
 I, 0. P., Overseer of Highways for road district number , 
 
 in said town, hereby make complaint on oath to G. H., a Justice of 
 the Peace of said town, that I gave Kichard Koe, who resides in 
 said district, and is assessed to work on highways therein, twenty- 
 four hours' previous notice, to appear with a shovel, on the day 
 of instant, at 8 o'clock, A. M., at the dwelling house of E. R, 
 for the purpose of working on the highways in said district, under 
 my direction as such Overseer ; and that the said Richard Roe neg- 
 lected to appear, either in person, or by an able bodied man as a 
 substitute, or pay the commutation money for said work, [or, ap- 
 peared, pursuant to notice, but worked only hours, and then 
 departed; or, appeared, pursuant to notice, but remained idle; or, 
 did not work faithfully; or, hindered others from working;] nor has 
 he rendered any satisfactory excuse for such neglect, [or. conduct] 
 
 Sworn to before me, this \ 0. P., Overseer, 
 
 day of ,18 , j 
 
 G. H., Justice of the Peace. 
 
 I 516. Complaint against a Person for not Furnishing a Team. 
 County,) 
 Town of ,\^- 
 
 I, 0. P., Overseer of Highways for road district number , 
 
 in said tovni, hereby make complaint to G. H., a Justice of the Peace 
 of said town, that I gave to John Jones, who resides in said district, 
 and is assessed to work days on the highways therein, and 
 
 has a cart, [or, wagon ; or, plow ;] with a pair of horses, [or, oxen,] 
 and a man to manage them, and who has not commuted for his said 
 
294 HEW CLERK'S ASSISTANT. 
 
 assessment, twenty-four hours' previous notice, to furnish, on the 
 day of- ,18 ^ at 8 o'clock, A. M., at the 
 
 house of E. R, in said district, a wagon with horses, [or, a cart with 
 a yoke of oxen,] and a man to manage them, for the purpose of 
 working one day on the road in said district, under my direction as 
 such Overseer; and the said Eichard Eoe has neglected to fiirriish 
 said wagon and horses [or, cart and oxen,] and a man to manage 
 them, or to pay the commutation money for said work ; nor has he 
 rendered any satisfactory excuse therefor. 
 Sworn, &c., [as in § 514.] 
 
 § 516. Summons for Hef using to Work} 
 Town of ) g. 
 
 County, ) 
 To any Constable of said town, greeting : 
 
 Whereas, complaint on oath has been made before me, G. H., a 
 Justice of the Peace of said town, by 0. P„ Overseer of Highways* 
 in road district number , in said town, that Richard Roe, who 
 
 is assessed for highway labor in said district, and has been duly noti- 
 fied to perform such work, has neglected to appear in pursuance of 
 such notice, either in person, or by an able bodied substitute, and 
 perform such labor, [or, as in ^ 514:] You are therefore hereby 
 commanded, in the name of the people of the State of New York, 
 to summon the said Richard Roe forthwith to appear before me, at 
 my ofiBce in said town, to show cause why he should not be fined 
 according to law, for such refusal or neglect, as in said complaint al- 
 leged. 
 
 Given under my hand, at , this day of , 18 . 
 
 G. H., J ustioe of the Peace. 
 
 § 517. Conviction indorsed on the Complaint. 
 Town of ,), 
 
 Comity, j 
 
 The within named Richard Roe, having been didy summoned to 
 appear before me, G. H., the Justice within named, to show cause 
 why a fine should not be imposed upon him for the oflfence set forth 
 in the within complaint, and no sufficient cause haviag been shown 
 by the said Richard Roe to the contrary, I do impose a fine of 
 doEars, [or, as the case may 5«,] upon the said Eichard Roe, for the 
 said offence, together with dollars and cents for the 
 
 costs of this proceeding against him. 
 
 Given, &c., [as in § 516.], 
 
 1 This summons is to be served personally, or by leaying a copy at the place of abode of 
 tho person named therein 
 
HIGHWAYS. 
 
 295 
 
 Town of 
 
 § 518. Warrant to Collect a Fme> 
 
 County, j 
 To any Constable of SEud town, greeting: 
 
 Whereas, complaint was made to me, G. H., a Justice of the 
 Peace of said town, by 0. P., Overseer of Highways for road district 
 number , in said town, that Richard Roe, who was assessed, 
 
 (fee. ; \redte as in tomplamt:\ Whereupon a summons was issued by 
 me, requiring the said Richard Roe to appear before me at my oflBce 
 in , aforesaid, forthwith, to show cause why he should 
 
 not be fined for such neglect> \or, refusal; or, as the case may Je.-] 
 which summons was duly served and returned to me : and the said 
 Richard Roe not having shown any sufficient cause to the contrary, 
 [ have imposed a fine of $ on him for his ofience, complained 
 
 of as aforesaid, and taxed the costs of the proceedings on said com- 
 plaint at S 
 
 You are therefore hereby commanded to levy the said fine and 
 costs, of the goods and chattels of the said Richard Roe, and bring 
 the said moneys before me without delay. 
 
 Witness my hand and seal, this day of , 18 . 
 
 G. H., justice, [l. s.] 
 
 § 519. Overseer's List of Non-Besident Lands, for Supervisor.^ 
 To the Supervisor of the Town of , in the County of : 
 
 I, 0. P., Overseer of Highways for road district number , 
 
 in said town, do certify, that the following is a correct hst of all the 
 lands of non-residents which were taxed or assessed for highway la- 
 bor, in the year 18 , on the list delivered to me as such Overseer, 
 and on which the labor assessed by the Commissioner of Highways 
 of said town has not been paid; and a correct account of the 
 amount of labor unpaid : 
 
 Owners. 
 
 Description. 
 
 Value. 
 
 Assessment. 
 
 John Jones. Lot No. , east half. 
 
 SI, 000. 
 
 Three days. 
 
 Given under my hand, this 
 
 day of 
 
 ,1? . 
 
 0. P., Overseer. 
 
 1 The money collecteti is to be paid to the 
 Overseer, who is required to expend the same 
 in improving the roads and bridges in the dis- 
 trict. Every penalty collected lor refusal, or 
 neglect to work, is to be set off against the 
 assessment on which it was founded, estima- 
 
 ting one dollar for every day's work. 1 R . S. 
 (3d. ed.) 626, § 56. 
 
 3 The list is to be made out on or before the 
 first dav of October in each year, and venfied 
 by affidavit taken before some Justice of the 
 Pea«e gf the town. 
 
296 
 
 NEW CLERK'S ASSISTANT. 
 
 § 620. Affidavit to Accompany the Overseer's last. 
 
 Comity, ss: 
 
 0. P., Overseer of Highways for road district number , in 
 
 the town of , in said county, being duly sworn, says, that in 
 
 relation to the lands described in the above list, he has given the no- 
 tice required by the 33d and 34th sections of the 1st title of the 
 16th chapter of part first of the Revised Statutes; and that the la- 
 bor for which the said lands are returned has not been performed. 
 
 Sworn, &o., [as m § 614.] 
 
 § 621. Annual Account of an Overseer} 
 Town of , ss: 
 
 I, O. P., Overseer of Highways for road district number " , 
 
 in said town, hereby render to the Commissioner of Highways of 
 said town the foUowing account: 
 
 1st The names of aU persons assessed to work on the highways 
 in said district, and the number of days assessed to each, are as fol- 
 lows, to wit; 
 
 Names. 
 
 No. of days. 
 
 Names. 
 
 No. of days. 
 
 James Jackson. 
 
 4 
 
 John Jones. 
 
 21-2 
 
 2d. The names of all those who have actually worked on the. 
 highways, with the number of days they have so worked, are as fol- 
 lows, to wit : 
 
 Names. 
 
 No. of days. 
 
 
 Names. 
 
 
 No. of days. 
 
 James Jackson. 
 
 4 
 
 
 John Jones. 
 
 
 2-12. 
 
 3d. The names of all those who have been fined, and the sums 
 in which they have been fined, are as follows, to wit: 
 
 ' Names. 
 
 Amomit of fine. 
 
 Names. 
 
 Amount of fine. 
 
 Richard rfoe. 
 
 $10 
 
 James Brown. 
 
 $3.. 
 
 1 The account is to be rendered on the second I meeting, and yerified by oath, to be admin- 
 Tuesday next proceeding the annual town \ istered by the CommiBsioner. 
 
HIGHWAYS. 
 
 297 
 
 4tli. The names of all those who have commuted, and the manner 
 in which the moneys arising from fines and commutations have been 
 expended by me, are as foUows, to wit: 
 
 Names. 
 
 Amount. 
 
 Names. 
 
 Amount. 
 
 John Smith. 
 
 «1 87 1-2 
 
 Richard Smith. 
 
 «1 25 
 
 I have received for fines and commutations, as above set forth, the 
 sum of $ , of which amount I have expended the sum of $ , 
 in repairing the bridge across the creek, &c., [^give particu- 
 
 lars;'[ and no moneys remain in my hands imexpendedC [or, the sum 
 of $ remains in my hands unexpended.] 
 
 5th. The lands which I have returned to tibe Supervisor of said 
 town of , for non-payment of taxes, and the amount of tax on 
 
 each tract of land so returned, are as follows, to wit : 
 
 Owners. 
 
 Description. 
 
 Value. 
 
 No. of Days returned. 
 
 John Jones. 
 
 Lot No. , east half 
 of, &c. 
 
 JIOOO 
 
 3 
 
 In witness whereof I have hereunto subscribed my name, the 
 day of , 18 . 0. P., Overseer. 
 
 § 522. Oaih to the above Accovnt. 
 County ss : 
 0. P., Overseer of Highways for road district number , in 
 
 the town of , in said county, being sworn, says, that the fore- 
 
 going account, by him rendered, is in aU respects just and true. 
 Sworn, &c., \as in § 514.] 
 
 § 523. Application for the Alteration of a Boad} 
 To E. R, Commissioner of Highways of the Town of , in the 
 
 County of : 
 
 The undersigned, a resident of said town, [or, owning lands ia 
 said town,] and liable to be assessed for highway labor therein, 
 hereby males application to you. to alter the highway leading from 
 the house of A. B. to the ' turnpike in said town, as follows : 
 
 [insert a particular description of the proposed alteration^] The 
 proposed alteration passes through lands which are not improved, en- 
 closed, or cultivated, [or, passes through the lands of C. D. and G. 
 H., who give their consent to said alteration.] Dated the day 
 
 of ' , 18 . L. M. 
 
 i The application must be made by some I to be in writing, addressed to the Commis 
 person liable to be assessed.- it is also required | eioner, and signed by the person applying. 
 
298 
 
 HEW CLERK'S ASSISTANT. 
 
 § 524. Consent of Parties Interested, to Accompany the 
 Application. 
 To E. F., Commissioner of Highways of the town of : 
 
 We do hereby signify our consent to Qie proposed alteration, men- 
 tioned in the ■within [or, annexed] appKcation. 
 
 Dated, &c., [m in § 523.J ' C. D. 
 
 G. H. 
 
 § 525. Application to Lay Ovi a New Hood} 
 
 To E. R, Commissioner of Highways of the Town of , in the 
 
 County of : 
 
 The undersigned persons, liable to be assessed for highway labor 
 in said town, do hereby make application to you to lay out a new 
 road, of the width of rods, through lands not enclosed, im- 
 
 proved, or cultivated; except that a part of said proposed road 
 passes over the lands of K L., who has consented to the laying out 
 of said road, and executed a written consent, hereunto annexed, [or, 
 has signified his consent by signing this petition ;] which sajd road 
 shall be described as follows, &c., [ give description.'] 
 
 Dated, &c., [as in § 523.1 L. M. 
 
 R. 8 
 
 § 626. Order of Commissioner Altering a Highway.* 
 
 County,) 
 Town of ,r 
 
 It is hereby ordered and determined by E. F., the Commissioner 
 of Highways of said town, [or, the Commissioner, &c. ; or, two of 
 the Commissioners, &c., all of said Commissioners having been duly 
 notified to attend and deliberate on the subject of this order,] that a 
 highway be laid out in the said town, [ if there was an application^ 
 say: upon the application of L. M.,] commencing near the easterly 
 end of the bridge over creek, and running thence northerly, 
 
 along the bank of said creek, to the highway near the dwelling house 
 of A. B., and partiy through the improved lands of C. D. and Gr. H., 
 who have consented thereto. The courses and distances of said road, 
 according to a survey thereof which the said Commissioner has [or. 
 
 1 This application is' to be made in the same 
 manner as tne application, § 523. 
 
 2 Every order of the Commissioners laying 
 out, altering, or discontinuing a highway, 
 with the survey made by them, is to be filed 
 and recorded in the office of the Town Clerk, 
 
 who is required to put a copy of the order 
 on the door of the house where the town meet- 
 ing is annually held; and the time limited fo 
 appealing from any such order will be com- 
 puted from the time of recording the same 
 1 R. S. f3d. ed.) 628. W 67, 68. 
 
HIGHWAYS. 
 
 299 
 
 Commissioners tave] caused to be made, are as follows : Begmning, 
 (fee. : [Insert the survey. ] It is further ordered, that the abof e des- 
 cribed line be the centre of said highway, and that the said highway 
 be of the width of rods. 
 
 In witness whereof, I, the said Commissioner, have hereunto sub- 
 scribed my name, this day of , 18 . 
 
 E. F., Commissioner. 
 
 § 527. Release, ly Owner. 
 
 A highway having been laid out, on the day of the date hereof, 
 by E. R, the Commissioner of Highways of the town of , in 
 
 the county of , on the application of L. M., through certain im- 
 
 proved lands belonging to me, commencing at^ &c., [insert the des- 
 cription of the route as in the order :'\ Now, therefore, know all 
 men by these presents, that I, the said C. D., for value received, do 
 hereby release all claim to damages, by reason of the laying out and 
 opening the said highway. 
 
 Witness my hand and seal, this day of , 18 . 
 
 C. D. [l. s.] 
 
 § 528. Notice to he Given hy Applicants for Laying out a 
 Highway} 
 
 PUBLIC NOTICE. 
 
 Notice is hereby given, that the subscriber has made application 
 to the Commissioner of Highways of the town of , in the county 
 of , to lay out a highway in said town, commencing, &c., [give 
 
 description as in the application, •'\ which highway will pass through 
 the improved lands [or, enclosed; or, cultivated lands; as the case 
 may 6e] of C. D., and that twelve freeholders of the said town will 
 meet at the house of K P., in said town, on the day of 
 
 instant, [or, next,] at o'clock in the noon, to examine 
 
 the ground through which the said highway is proposed to be laid. 
 
 Dated the day of , 18 . 
 
 L. K 
 
 § 629. Freeholder's Certificate.'' 
 County,) 
 Town of ,\^^- 
 
 We, the undersigned, freeholders of the town of , in said 
 
 county, who are not interested in the lands through which the high- 
 
 1 The notice is to be {joated up at three of 
 the most public places in the town, at least 
 six days before the time specified for the 
 meeting of the freeholders. 
 
 3 The freeholders are to be swoni by a Jus- 
 tice of the Peace, or any officer authorized to 
 administer oaths, " woU and truly to examine 
 and certify in regard to the necessity and 
 propriety of the highway applied for." 
 
300 
 
 NEW CLERK'S ASSISTANT. 
 
 way hereinafter described is proposed to be laid, nor of kin to the 
 owner thereof, having met on the day of the date hereof, at the 
 house of R. P., in said town, do hereby certify, that after having 
 been duly sworn, we personally examined the route of the said pro- 
 posed highway, and heard the reasons offered for and against the 
 laying out of the same ; and that, in our opinion, it is necessary and 
 proper to lay out such highway, pursuant to the application of L. M., 
 commencing, &c., [insert, the description;^ which said highway will 
 pass through the improved [or, enclosed; or, cultivated] lands of 
 
 In witness whereof, we have hereunto subscribed our names, this 
 day of ,18 . Q. H. 
 
 &c., &c. 
 
 § 530. Notice to Ocewpard, on. Application to Imy Out a 
 Highway^ 
 
 ToMr. C. D.: 
 
 Take notice, that I, the undersigned Commissioner of Highways 
 of the town of , in the county of , wiU attend 
 
 at the house of K P., in said tovrn, on the day of , 
 
 18 , at o'clock in the noon, to decide on an 
 
 application made by L. M. to me, to lay out a highway, commencing, 
 &c. \^ve description :'\ which highway wiU pass through your 
 enclosed \or, improved; or, cultivated] lands; and twelve free- 
 holders have cerffied that it is proper and necessary to lay out said 
 highway. 
 
 Dated the day_of ,18 
 
 Yours, (fee, 
 
 E. P., Commissioner 
 
 § 531. Order Laying Out a Highway through Improved Lands, 
 without the Consent of the Owner. 
 
 County,) 
 Town of ,p^- 
 
 Whereas, upon the application of L. M., a resident in said town, 
 liable to be assessed to work on the highways therein, for the laying 
 out of the highway hereafter described, and on the certificate of 
 twelve reputable freeholders of the town, convened and duly sworn 
 
 1 The notice is to be serTed by deliveringl ing liouse, at leaat thie» days before the time 
 It' to the occupant, or leuriDg it at iiis dwell- 1 of the meeting. 
 
HIGHWAYS. 301 
 
 after due public notice, as required by the statute, certifying that 
 such highway was necessary and proper; notice in writing, of at 
 least three days, was given in due form of law to C. D. and G. H., 
 the occupants of the land through which such highway is to run, 
 that the xindersigned, E. F., the Commissioner of Highways of said 
 town of , would attend at the house of R. P., in said 
 
 town, on the day of ,18 , at 
 
 o'clock in the noon, to decide on the application afore- 
 
 said : Now, therefore, it is ordered, determined said, certified, after 
 hearing aU the reasons for and against the same, that a public high- 
 way shaU be and the same is hereby laid out, pursuant to said ap- 
 plication, whereof a survey has been made, and is as follows, to wit : 
 Beginning, &c., [as in the survey/] and the line of said survey is to 
 be the centre of the said highway, which is to be rods in 
 
 width. 
 
 In witness, &c., [as in, § 526.] 
 
 § 532. Affreement as to Damoffes on Laying Out Hoad} 
 
 Whereas, a public highway was laid out, on the day 
 
 of ,18 , by E. R, Commissioner of Highways of the 
 
 town of , in the county of , on the application 
 
 of L. M., through the enclosed [or, improved ; or, cultivated] lands 
 of C. D., commencing, &c., [insert the description of the highway as 
 in the order :] Now, therefore, it is hereby agreed between the said 
 Commissioner and the said C. D., that the damages sustained by the 
 said C. D., by reason of the laying out and opening the said high- 
 way, be hquidated and agreed upon, at dollars. 
 
 In witness whereof, the said Commissioner, and the said C. D., 
 have hereunto subscribed their names, the day of 18 . 
 
 E. F. 
 CD 
 
 § 533. Application of a Commissioner of Highways, to the County 
 Cowt, to appoint Commissioners to assess Damages. 
 
 To the County Court of Couniy: 
 
 The undersigned, E. F., Commissioner of Highways in and for 
 the town of , in said county, hereby makes application to 
 
 1 The Commisaioner and pan; interested I agieemeat. When executed, it is to be fiM 
 cannot exceed one hundred dollars in this | in the office of the Town Cleck 
 
302 NEW CLERK'S ASSISTANT. 
 
 the County Cotiit thereof, in conformity to tne statute, for the ap- 
 poitment of Commissioners to assess the damages for laying out [or, 
 altering; or, discontinuing] the highway in said town commencing 
 at the house of L. M. and terminating on the left bank of the 
 river; the said highway having been so laid out [or, altered; or, dis- 
 continued] by an order made by the imdersigned, on the 
 day of , 18 . 
 
 Dated the day of , 18 . 
 
 E. F., Commissioner of Highways in 
 and for the Town of 
 
 § 534. Appointment of Commissioners. 
 
 At a County Court held in and for the County of , at the 
 
 Court House in said county, on the day of , A. D. 18 . 
 
 Present, J. P. H., Coimty Judge : 
 
 On reading and filing the application of E. F., Commissioner of 
 Highways in and for the town of , in the said county of , 
 
 it is hereby ordered, in accordance with the terms of the said appli- 
 cation, that Q. H., S. T., and L. M., be appointed Commissioners to 
 assess the damages for lajdng out [or, altering; or, discontinuing] 
 the highway [describe the highway as in the application^ mentioned 
 in the said apphcation. 
 
 E. B. C, Clerk. 
 
 § 535. Notice to the Commissioners of their Appoirvtm,eni. 
 
 ToG. H., S. T., andL. M.: 
 
 You are hereby notified that you have been duly appomted by the 
 County Court of the County of , Commissioners to assess 
 
 the damages for laying out [or, altering; or, discontinuing] the 
 highway [describe the highway as in the application;^ and that you 
 are required to meet the undersigned, at the house of 0. P., in the 
 Town of , in said county, on the day of 
 
 next, [or, instant,] at o'clock in the noon, to take a view 
 
 of the said premises, and to hear and determine the matter afore- 
 said. 
 
 Dated, &c., [as in § 533.] 
 
 § 536. Oath of Commissioners. 
 I do solemnly swear [or, affirm] that I will support the Constitu- 
 tion of the United States, and the Constitution of the State of New 
 
HIGHWAYS. 303 
 
 York ; and that I mil faithfully discharge the duties of Commissioner 
 to assess the damages for laying out [or, altering; or, discontinuing] 
 the highway in the town of , in the county of , com- 
 
 mencing at, &c., [describe the highway as in the apji>lication,\ accor- 
 ding to the best of my ability. 
 
 § 637. Oath to be Administered by the Commissioners to Wit- 
 nesses. 
 
 The evidence you shall give touching the assessment of damages 
 for the laying out [or, altering ; or, discontinuing] the highway in 
 question, shall be the truth, the whole truth, and nothing but the 
 truth. So help you God. 
 
 § 538. Assessment of the Commissioners. 
 Coimty, ss: 
 We, the undersigned Commissioners, \or. We, the undersigned, 
 being a majority of three Commissioners, all having met together 
 and acted,] appointed by the County Court of County, to 
 
 assess the damages for lajdng out [or, altering; or, discontinuing] 
 the highway, [describe the highway, as in the application,^ which 
 said highway has been so laid out [or, altered; or, discontinued] by 
 an order of E. F., Commissioner of Highways of the town of , 
 
 in said coimty, dated the day of , 18 , having taken 
 
 the oath prescribed by the Constitution, viewed the premises, and 
 heard the parties, and such witnesses as were offered, do assess the 
 damages for laying out [or, altering; or, discontinuing] the said high- 
 way, as follows : To A. B. the siun of dollars, as and for the 
 damages sustained by him, by reason of the laying out [or, as a/ore- 
 said'] the said highway ; to C. D. the sum of, <fec., &c., [specify all 
 the parties to whom damages may be awarded.'^ 
 
 In witness whereof, we have hereunto set our names, this 
 day of , A. D. 18 . 
 
 G. H. 
 
 S. T. ]■ Commissioners. 
 
 L. M. 
 
 § 539. Notice of Re-Assessm,mt. * 
 
 Sir: Take notice, that I consider myself aggrieved by [or, if the 
 
 notice is given by a Commissioner of Highways, say: Take notice, 
 
 that I am dissatisfied vrith] an assessment of damages made on the 
 
 day of ,18 , by G. H., S. T., and L. M., Com- 
 
^°* NEW CHEEK'S ASSISTANT. 
 
 missioners for that purpose appointed by the County Court of 
 County, for laying out [or, altering; or, discontinuing] the highway 
 [describe the highway as in the assessmenti\ which said assessment is 
 now on file in your office ; and that a jury wiU be drawn by K P., 
 Town Clerk of the town of , [the adjoining town,'] at his 
 
 office in the said town of , on the day of 
 
 neit, [or, instant,] at o'clock in the noon, to re-assess the 
 
 said damages. Dated the day of • ,18 
 
 A.B., 
 [or, E. F., Commissioner of Highways 
 in and for the Town of .1 
 
 To C. D., Town Clerk of the Town of 
 
 [or. To Mr. M. B. — the party claiming damages.] 
 
 § 640. Notice to the Town Qlerle of an Adjoining Town to draw 
 a Jury. 
 
 Sir : You are hereby required, in accordance with the statute in 
 such case made and provided, to draw a jury of twelve jurors, on the 
 day of next, [or, instant,] at o'clock in the noon 
 
 of that day, to re-assess the damages for laying out [or, as the case 
 may be] the highway, [describe the highway as in the assessment;] 
 the same having been assessed by Gr. H., S. T., and L. M., Commis- 
 sioners for that purpose appointed by the County Court of 
 County, but I conceiving myself aggrieved by [or, I being dissatisfied 
 with] the said assessment. 
 
 Dated, &c., [as in § 539.] 
 To K P., Tovra Clerk of the Tovra of 
 
 § 541. Certificate of the Drawing of the Jwy. 
 
 County,)^. . 
 Town of ,) ' 
 
 I do certify that, upon the application of A. B., [or, E. R, Com- 
 missioner of Highways in and for the town of ,] in pursuance 
 . of the statute in such case made and provided, on the day. of 
 ,18 , at o'clock in the noon, at my office in the 
 said town of , E. B., M. T., 0. R, &c., (fee. [name all the 
 jv/rors,] were drawn by me as jurors to re-assess the damages for 
 laying out, [or, as the case may be] the highway, [describe the high- 
 .oay;] the said damages having been heretofore assessed by G. H., 
 S. T., and L. M., Commissioners for that purpose appointed by the 
 County Court of County; but the said A. B., conceiving 
 
HIGHWAYS. 305 
 
 himself aggrieved by [or, the said E. F. being dissalislied with] the 
 said assessment. 
 
 Given under my hand, this day of , 18 . 
 
 E. P., Town Clerk of the 
 Town of 
 
 § 542. Summons of the Justice. 
 County,) 
 Town of ,\^^- 
 
 To any Constable of the town of , in said county, greeting: 
 
 You are hereby commanded to summon E. B., M. T., 0. R, &c., 
 &c., [name all the jurors drawn,'] jurors regularly drawn by R. P., 
 Town Clerk of the town of , to re-assess the damages for lay- 
 
 ing out [or, as the case may he] the highway, [describe the highway, 
 as in the certificate of drawing,^ to meet at the house of 0. P., in 
 the town of , aforesaid, on the day of next, [or, 
 
 instant,] at o'clock in the noon of that day, for the pur- 
 
 pose above specified. And have you then there this precept 
 Given under my hand, this day of ,18 . 
 
 G. H., Justice of the Peace. 
 
 § 543. Oath of the Jurors. 
 You wiU well and truly determine and re-assess such damages as 
 shall be submitted to your consideration. So help you God. 
 
 § 544. Oath to Witnesses. 
 The evidence you shall give upon this re- assessment of damages for 
 laying out [or, o* the case may be] the highway in question, shall be 
 the truth, tiie whole truth, and nothing but the trutL So help you 
 God. 
 
 § 645. Verdict of the Jury. 
 County, )g. 
 Town of , ) ■ 
 
 We, the subscribers, the jurors drawn, summoned and sworn, to 
 
 re-assess the damages for laying out [or, as the case may be,] the 
 
 highway, [describe the highway,] in pursuance of the order of E. F., 
 
 Commissioner of Highways in and for the town of , bearing 
 
 20 
 
^^^ NEW CLERK'S. ASSISTANT. 
 
 date the day of , 18 , having viewed the premises, 
 
 and heard the parties, and such witnesses as were offered before us, 
 do hereby re-assess tne damages aforesaid, as follows : To A. B., the 
 sum of dollars, for the damages sustained by him by reason 
 
 of the laying out [or, as the case may he\ the said highway; to'C. 
 D., the sum of, &c., \specify all the parties to whom damages may he 
 awarded.'] 
 
 In witness whereof, we have hereunto set our hands, this 
 day of , 18 , E. B., 
 
 M. T., 
 0. R, 
 &c. &c., 
 
 § 546. Certificate of the Justice. 
 County.) 
 Town of \^- 
 
 I, Gr. H., one of the Justices of the Peace of said town, do certify, 
 that, the above is the verdict of the jury summoned by my summons, 
 and drawn and sworn by me to determine and re-assess the damages 
 for the lajdng out [or, as the case may he'] the highway mentioned 
 in the said verdict 
 
 Given, &c., [as in § 542.] 
 
 Jurors. 
 
 § 547. Application to Discontinue an Old Road} 
 
 To E. F., the Commissioner of highways of the town of , in 
 
 the County of : 
 
 I, the imdersigned, A. B., a resident of said town, liable to be as- 
 sessed for highway labor therein, hereby make application to you, 
 the said Commissioner, to discontinue the old road in said town, com- 
 mencing near my dwelling house, [give description of the part sought 
 to he discontinued^ on the ground that the said road has become 
 useless and unnecessary. 
 
 Dated, &c. A. B. 
 
 § 648. Oath to Freeholders on Application to Discontinue. 
 
 You, and each of you, do solemnly swear, that you will well and 
 truly examine and certify, in regard to the propriety of discontinu- 
 mg the road, for which application has been made by A. B. 
 
 1 The CommiBsloner receiving tlie application, is required to eunimoa twelre disin- 
 terested freeholders, to examine the premises and consider such appiication. 
 
HIGHWAYS. 307 
 
 § 649. Certificate to Discontinue. 
 
 County,) g. 
 Tovm of , J ■ 
 
 We, the undersigned, disinterested freeholders of said town of 
 , having met at the house of R P., in said town, on this 
 day of ,18 , in pursuance of the summons of 
 
 E. F., the Commissioner of Highways of the said town, in order to 
 examine and certify in regard to the propriety of discontinuing the 
 road described in the annexed application of A. B., do certify, that 
 we have personally examined the said road, and that in our opinion 
 the same is useless and unnecessary, and ought to be discontmued. 
 In witness whereof we have hereunto subscribed our names, this 
 day of , 18 . G. H., 
 
 &c., &c. 
 
 § 550. Order for Bisconiinuing a Road} 
 
 County, ) 
 Town of , ) . 
 
 Upon the application of A. B., of said town, for the discontinu- 
 ance of the road hereinafter described; and on the certificate of 
 twelve disinterested freeholders, duly summoned and sworn, who 
 Lave in due form certified that said road is useless and unnecessary; 
 it is hereby ordered by E. R, the Commissioner of Highways of 
 said town of , \or, the Commissioners, <fec. ; or, two of the 
 
 Commissioners, &c., all of said Commissioners having been duly no- 
 tified to attend and deliberate on the subject of this order,] that the 
 said? road, of which the following is a survey, made by the direction 
 of the said Commissioner, \or, Conmiissioners,] viz : \insert survey, "l 
 be and the same is hereby discontinued, \or, be not discontinued.] 
 
 In witness, &c., [as in § 526.] 
 
 § 551. Appeal to the Goimty Judge from the Determination of the 
 Commissioner, or Commissioners, of Highways. 
 
 To J. P. H., Esq., County Judge of County : 
 
 I, A. B., of the town of , in said cpimty, conceiving myself 
 
 aggrieved by the determination of E. F., Commissioner of Highways 
 of said town of , made on the day of ,18 , in 
 
 1 All applications, certificates and papers, I of the Town Cier"'^ as soon as the subiec 
 relative to the laying out, altering or discon- matter of the same be decided. (1 R. ' S> 
 tinuing, any road, are to be filed in the office 1 518.) 
 
308 ifEW CLERK'S ASSISTANT. 
 
 laying out [or, altering; or, discontinuing; or, in refusing to lay out, 
 or, as aforesaid] a highway in said town, upon the application of C. 
 D., do hereby appeal to you from such determination. The said 
 highway [or, alteration of the said highway] is described in the order 
 of the said Commissioner, filed and recorded in the office of the Town 
 Clerk of said town of , on the day of ,18 , * as 
 
 follows: [insert description.^ The grounds upon which this appeal 
 b made, are [state the same particularly;^ and said appeal is brought 
 to reverse entirely the determination of the said Commissioner, [or, 
 to reverse the determination, (fee, specifying the part sought to be re- 
 versedi\ 
 
 DateSl this day of ,18. A. B. 
 
 § 552. Appointment of Referees by the Coiimty Judge. 
 
 County, ss: 
 Whereas, on the day of , A. Di, 18 , A B., of the 
 
 town of , in said county, appealed to me from the order and 
 
 determiaation of E. R, Commissioner of Highways of said town, 
 contained in his order, filed, &c., [as in § 551, to the *: if, however, 
 the referees are to hear several appeals, all should, be mentioned in 
 the appointment/] Now, therefore, in accordance with the statute in 
 such case made and provided, I do hereby appoint G. H., S. T., and 
 L. M., residents of the said county, but not of the said town of 
 , referees to hear and determine the said appeal, [or ap- 
 peals.] 
 
 Given under my hand, this day of , IS . 
 
 J. P. H., County Judge. 
 
 § 553. Appointment of Referees by one of the Justices of the Ses- 
 sions, where the County Judge is Interested, or otherwise 
 Disabled. 
 
 County, ss: 
 Whereas, on the day of , A. D., 18 , A. B., of 
 
 the town of , in said coimty, appealed to the Hon. J. P. H., 
 
 County Judge of said county, irom the order and determination of 
 E. F., Commissioner of Highways of said town, contained in his 
 order, filed, &c., [as in § 551, to the *, or follow the direction in 
 § 552 :] and whereas the said County Judge is a resident of the said 
 town of , [or, is interested in the lands through which the 
 
 said road is laid out; or, is of kin to A. B., one of the persons inte- 
 rested in the lands through which said road is laid out ; or, if the 
 judge be disabled for any other cause, state the fact:] Now, there- 
 
HIGHWAYS. 309 
 
 fore, m aooordance with the statute in such case made and provided, 
 I, the undersigned, one of the Justices of the Sessions of the 
 said county of , do hereby appoint G. H., S. T., and L. M., 
 
 residents of the said county, but not of the said town of , re- 
 
 ferees to hear and determine the said appeal, [or, appeals.] 
 (liven under my hand, this day of ,18 
 
 E. W. B., Justice of the Sessions. 
 
 § 554. Notice to the Referees of their Appointment. 
 ToG. H., S. T., andL. M: 
 
 Take notice, that you have been duly appointed by me, as referees 
 to hear and determine an appeal made from the order and determi- 
 nation of E. F., Commissioner of Highways of the town of , in 
 the county of , contained in his order, filed, &c., [as in § 551 
 to the * ; or, if there are other appeals, specify them also:'] and 
 that the papers herewith delivered, are all the papers pertaimng to 
 the matter [or, matters] referred to you as aforesaid. 
 Dated the day of ,18 
 
 J. P. H., Coimty Judge of County ; 
 
 [or, E. W. B., Justice of the Sessions of County.] 
 
 § 555. Notice to he given hy the Referees to the Commissioner. 
 To E. F., Commissioner of Highways of the town of , in the 
 
 County of , 
 
 Take notice, that we have been duly appointed referees to hear 
 and determine an appeal made to J. P. H., County Judge of the 
 county of , by A. B., of said town of , from your de- 
 
 termination contained in your order, made on the day of , 
 
 18 , and filed and recorded in the office of the Town Clerk of 
 said town, on the day of ,18 , refusing to lay out 
 
 (fee, [as in the appeal f[ and that we shall attend at the house of 0. 
 P., in said town, on the day of .instant, [or, next,] at 
 
 o'clock in the noon of that day, to hear and determine 
 
 such appeal. G. H., ^ 
 
 Dated the day of ,18 , 8. T., }• Keferees. 
 
 L.M., ) 
 
 § 556. Notice to the Appellant, or Applicant. 
 To AB.: 
 
 Take notice, that we shall attend at the house of 0. P., in the 
 town of , in the county of , on the' day of 
 
310 NEW CLEEK'S ASSISTANT. 
 
 instant, [or, next,] at o'clock in the noon of that dav, 
 
 to hear and determine the appeal made by you [or, made by A. B.] 
 to J. P. H., County Judge of said county, from the order and deter- 
 mination of E. F., Commissioner of Highways of the said town of 
 , contained in his order made on the day of , 
 
 18 , and filed and recorded in the oflSce of the Town Clerk of said 
 town, on the day of ,18 , refusing to lay out, &c., 
 
 [as in the appeal.^ 
 
 Dated, &c., \as in § 555.] 
 
 § 557. Svipcsna on an Appeal 
 County, ss: 
 To M. B., R R, and P. T., greeting: 
 
 You, and each of you, are hereby commanded, in the name of the 
 people of the State of New York, to appear before us, at the house 
 of 0. P., in the town of , in said county, on the day of 
 
 instant, [or, next,] at o'clock in the noon of 
 
 that day, to testify in the matter of an appeal made by A. B., from a 
 determination of E. R, Commissioner of Highways of the said town 
 of , on the part of the said A. B., appellant, [or the said E. 
 
 F., Commissioner.] 
 Given under our hands, this day of ,18 
 
 Referees. 
 
 § 558. Oath of the Beferees. 
 Yon, and each of you, do solemnly swear, that you will faithfully 
 hear and determine the appeal [or, appeals] referred to you. 
 
 § 559. Oath to he Administered to a Witness by the Beferees. 
 
 The evidence you shall ^ve upon this hearing of the appeal of A. 
 B., shall be the truth, the whole truth, and nothing but the truth. 
 So help you Gtod. 
 
 8 560. Decision of the Referees upon an Order in relation to Alter- 
 ing or Discontinuing a Road. 
 County, ss: 
 Whereas, on the day of , A. D., 18 , A. B., 
 
 of the town of , in said county, appealed to the Hon. J. P. H., 
 
HIGHWAYS. 311 
 
 County Judge of said county, from the order and determination of 
 E. F., Commissioner of Highways of said town, contained in his or- 
 der, filed,- &c., [as in § 651, to the *, and then add/] copies of which 
 said appeal and order are hereto annexed; and whereas we, the 
 undersigned, having been duly appointed by the said County Judge, 
 [or, by E. W. B., Esq., one of the Justices of the Sessions of the said 
 county, the said County Judge being disabled from acting in the 
 premises,] referees to hear and determine the said appeal, attended at 
 the house of O. P., in the said town of , on this day ' 
 
 of ,18 , at o'clock in the noon, m pursuance of 
 
 notice duly given to the said Commissioner, and to the said A. B., the 
 applicant above named, according to the statute in such case made 
 and provided, to hear the proofs and allegations of the parties : And 
 whereas, such hearing having been had in the premises, we do here- 
 by adjudge, decide, and determine, that the order and determination 
 of the said Commissioner* be, and the same is in all things affirmed ; 
 [or, reversed; or, reversed in part, as follows, to wit: set forth the 
 decision infull^ 
 
 Given, &c., [as in ^ 557.] 
 
 § 561. Decision of the Referees on an drder Refusmg to lay out a 
 
 Road. 
 
 County, ss: ^ 
 
 Whereas, &c., [as in § 560, to the *, and then addf] be, and the 
 same is, in all things reversed ; and that a highway be, and the same 
 is, hereby laid out, pursuant to the application of the said A. B., 
 pursuant to a survey thereof, which we have caused to be made, as 
 follows, to wit : Beginning, ha., [insert the survey^ And we do fur- 
 ther order and declare, that the line above mentioned, shall be the 
 centre of the said highway, which is to be the width of rods. 
 
 Given, &c., [as in § 557.] 
 
 § 562. Notice to the OccufarU of Land to Remove Fences, after a 
 
 Final Decision. 
 ToMr. C. D.: ' 
 
 Take notice, that I, the undersigned. Commissioner of Highways 
 of the town of , have, by an order duly mide and filed with 
 
 the Town Clerk, bearing date the day of ,18 , a 
 
 copy of which is hereunto annexed, laid out a public highway through 
 y>/ar lands ; and you are hereby required to remove your fences from 
 
312 NEW CLERK'S ASSISTANT. 
 
 ■within the bounds of said highway, ■within axtjr days after service of 
 this notice. 
 Dated the day of , 18 . 
 
 E. F., Conunissioner. 
 
 § 563. O'^der of the Commissioner to Remove Fences, in case of an 
 Encroachment, 
 County) 
 Town of ,r^- 
 
 I, the undersigned, Commissioner of Highways of said town, hav- 
 ing ascertained that the public highway therein, leading from the 
 house of C. D. to the house of G. H., is encroached, upon the 
 side thereof, along the lands in the occupation of C. D., by a rail 
 fence erected by the present, or some former occupant thereof, which 
 forms a part of the enclosure of said land; and having caused the 
 said highway to be surveyed, and having ascertained the easterly 
 bounds and limits thereof to be upon and according to the following 
 line, to ■wit: Beginning, &c., [insert the survey. ■'\ and that all that 
 narrow strip or piece of land which lies under the said rail fence [or, 
 ■under said rail fence, and between the said rail fence and the liae 
 above described, as the fact may be/] is a part of the public highway 
 aforesaid: It is therefore ordered, by the imdersigned Commissioner 
 of Highways of said town, that the said rail fence be removed, so 
 that the said highway be open and unobstructed, and of the breadth 
 originally intended, which was rods. 
 
 Given, ■under my hand, this day of ,18 
 
 ^ ' E. F., Commissioner. 
 
 § 564. Notice to Occupant to Remove Encroachment. 
 To Mr. CD.: 
 
 Take notice, that an order, of which a copy is hereunto annexed, 
 has been made by the undersigned, the Commissioner of Highways 
 of the town of , in the county of , and you are 
 
 hereby required, according to the statute in sucb case made and pro- 
 vided, to remove the fence therein mentioned, within sixty days after 
 service of this notice. 
 
 Dated the day of , 18 . 
 
 E. F., Commissioner. 
 
HIGHWAYS. 313 
 
 § 565. Precept to Sumimon Freeholders, in case of an Encroach- 
 ment} 
 County, ) 
 Town of ,r^- 
 
 To any Constable of said town, greeting : 
 
 You are hereby commanded to summon twelve freeholders of the 
 said town of , to meet at the house of 0. P., in said town, on 
 
 the day of instant, at o'clock in the 
 
 noon, to inquire whether any encroachment has been made, and by 
 whom, on the highway running by [or, through] the land now occu- 
 pied by C. D., in said town : and to give at least three days' notice 
 to E. F., the Commissioner of Highways of said town, and to C. D., 
 of the time and place at which the said freeholders are to meet; and 
 have you then there the names of the freeholders summoned by 
 vou, and this precept. 
 
 Given imder my hand, this day of , 18 . 
 
 G. H., Justice of the Peace. 
 
 § 666. Oath to Jurors. 
 You, and each of you, do solemnly swear, that you wiU well and 
 truly inquire whether any encroachment has been made, and by 
 whom, on the highway now in question. 
 
 § 567. Oath of Witness. 
 You do swear, that the evidence you shall give in relation to the 
 encroachment on the highway now in question, shall be the truth, 
 the whole truth, and notfing but the truth. 
 
 § 568. Certificate of Jury. 
 Couniy, ) . 
 Town of , j ■ 
 
 We, the subscribers, freeholders of said town, having been sum- 
 moned and assembled, on the day of the date hereof, at the house 
 of K. P., in said town, pursuant to a precept issued by G. H., Esq., 
 a Justice of the Peace of the said town, and having been duly sworn 
 by said Justice, on the application of E. R, the Commissioner of 
 Highways of said town, to inquire whether any such encroachment 
 
 < The time specified in the precept foi the meeting of the fneholdors must not be less than 
 four dajB after imiing the same. 
 
314 iraiW CLERK'S ASSISTANT. 
 
 on the public highway in said town, as is specified in the order of 
 said Commissioner, dated the day of last, [or, instant,] has 
 
 been made, and by whom; and having heard the proofs and alle- 
 gations produced and submitted, do certify,* that such encroachment 
 has been made by C. D., the present occupant, [or, R F., the for- 
 mer occupant] 
 
 And we hereby certify, that the particulars of such encroachment 
 are as follows, to wit : That said encroachment commences on the 
 north line of said road, at ^insert a description,'] and that the rail 
 fence along the land now in the occupation of the said C. D., is upon 
 the public highway, and is an encroachment thereon. 
 
 In witness whereof, we have hereunto subscribed our names, this 
 day of , 18 . Q-. H. 
 
 &c., (fcc. 
 
 § 569. Certificate where no Uncroachmeni is fmimd. 
 
 County,) 
 Town of ,\^- 
 
 We, the subscribers, &c., \as in § 568 to the * a)id then <uM{\ 
 that no such encroachment has been made on the said highway; and 
 we have ascertained and do certify the damages of C. D., the occu- 
 pant of the land through \or, by] which the said highway runs, by 
 reason of the said Commissioner's proceedings against him, to be 
 dollars. 
 In witness, &c., [as in § 568. ] 
 
 § 570. Warrard to Collect Costs of Proceedings upon an Encroach- 
 ment?- 
 
 The People of the State of New York to any Constable of the Town 
 of , in the County of : 
 
 Whereas, E. R. the Commissioner of Highways of the said town, 
 did, on the day of > 18 , make and subscribe an order 
 
 or certificate for the removal of a certain fence, as an encroachment 
 upon the highway running through land in the said town, in the occu- 
 pation of C. D., specifying the breadth of the road, and the extent 
 and place of the encroachment: which said encroachment, having 
 been denied by said occupant, a jury of twelve freeholders was, upon 
 the application of said Commissioner, by a precept issued by me, duly 
 summoned to inquire into the premises ; and the said jury being duly 
 
 1 The warrant is to be issued in ten days af^r the finding of the jury, provided the costs 
 are not sooner paid. 
 
HIGHWAYS. 315 
 
 assembled and sworn, after due notice to said occupant, as required 
 by law, and having heard the proofs and allegations produced and 
 submitted by the parties respectively, certified in writing, that an en- 
 croachment had been made by C. D., the occupant of said land : And 
 whereas, the costs of said inquiry amount to dollars and 
 
 cents, which remain unpaid : you are, therefore, commanded to levy 
 the said costs of the goods and chattels of the said C. D., and bring 
 the same before me without delay. 
 
 Witness my hand and seal, the day of , 18 . 
 
 G. H., Justice, [l. s.] 
 
 § 671. Order of Commissioners of Adjoining Towns for Laying out 
 a Highway on the Line between the Towns. 
 Comity, ss: 
 At a meeting of the Commissioners of Highways of the towns of 
 and , in said county of , held in said town of 
 
 , on this day of , 18 , for the purpose of lay- 
 
 ing out a highway upon the line between the said towns : It is ordered 
 and determined by the said Commissioners, that a highway be laid 
 out upon the line between the said towns, according to a survey 
 thereof, which the said Commissioners have caused to be made, as 
 follows : ^insert survey /\ and that the said line above described be 
 tSie centre of the said highway, and that the said highway be of the 
 width of rods: And it is further ordered, that the said highway 
 be divided into. two road districts, as follows: that part thereof from 
 tq , shall be one of the said road districts, and shall be 
 
 allotted to the town of ; and the residue of the said highway 
 
 shall be the other of the said road districts, and shall be allotted to 
 the town of 
 
 In witness, whereof, the said Commissioners have hereunto sub- 
 scribed then- names, the day of , 18 . 
 
 E. F., Commissioner of Highways of the Town of , 
 
 M. P., Commissioner of Highways of the Town of 
 
 § 572. Application for a Private Road. 
 
 To E. F., the Commissioner of Highways of the Town of , in 
 
 the County of : 
 
 I, A. B., the imdersigned, a resident of said town, and liable to be 
 
 assessed for highway labor, do hereby make application to you, the 
 
 Raid Commissioner, to lay out a private road for my use, oommencmg 
 
316 
 
 NEW CLERK'S ASSISTAOT", 
 
 <fec, [insert a description of the road as applied for,] and passing 
 through the land of C. D., in said town. 
 Dated the day of , 18 . 
 
 A.B. 
 
 § 573. Notice to the Occupant on an Application for a Frivdte 
 
 Road.^ 
 To C. D., of the Town of , in the County of : 
 
 Take notice, that I have applied to E. R, Commissioner of High- 
 ways of said town, to lay out a private road for my use through your 
 land [or, through landof which you are the occupant;] and that 
 twelve disinterested freeholders wiU meet on the day of 
 
 instant^ [or, next,] at ten o'clock in the forenoon of that day, at the 
 house of R. R, in said town, to view the lands through which the 
 road is applied for; to determine whether the same be neoesssary, ac- 
 cording to the statute ; and to assess the damages. 
 
 Dated, (fee, [ew in § 572.] A. B. 
 
 § 574. Notice to the Town Cleric requiring a Jury to he drawn, to 
 He-assess the Damages for Laying Out or Altering a Pri- 
 vate Road. 
 To C. D., Town Clerk of the town of : 
 
 Take notice, that I am dissatisfied with the assessment of damages 
 made by the jury of freeholders called and sworn to .certify and de- 
 termine with regard to the necessity and propriety of laying out \or, 
 altering] a private road through the land of M. B., in said town, 
 whose certificate, dated on 'the day of ,18 , is now 
 
 on file in your office ; and that I require you to draw a jury, in ac- 
 cordance with the statute in such case made and provided, on the 
 day of instant, \or, next,] at o'clock in the 
 
 noon of that day, to re-assess the said damages. 
 Dated the day of ,18 
 
 E. R, Commissioner of Highways of said town of 
 
 1 The remaining forms necessary in this 
 proceeding, may be prepared from those 
 given in otiier cases. The freeholders are to 
 be sworn, &c., m the same manner as upon 
 an application to lay out a public road. 1 
 R. S. (3d ed.) 632, § 93, et eeq. The amount 
 ef the damages sustained by the opening of a 
 private road, as fixed by the jury, together 
 with the expenses of the proceeding, must be 
 
 paid by the person to be benefited. Amended 
 Constitution, Art. i, § 7. The Commissioaei 
 should make an order establishing the road, 
 in accordance with the certificate of the free, 
 holders, unless he is dissatisfied with the as- 
 sessment of the damages, in which case he 
 must give the notice to the Town Clerk re- 
 quiriiog a jury to be drawn. 
 
HIGHWAYS. 
 
 317 
 
 § 575. Notice to Persons Interested that a Jwry iiiUl he drawn to 
 
 £e-assess the Damages.^ 
 To A. B.: 
 
 Take notice, that a jury wiU be drawn by C. D., Town Clerk of 
 lie town of , at his office in said town, on the day of 
 
 iostant, [or, next,] at o'clock in the noon of that 
 
 day, to re-assess the damages for laying out [or, altering] a private 
 road through the land of M. B., m said town, heretofore assessed by 
 a jury of freeholders, to 'wit, on the day of instant, [or 
 
 last past] 
 
 Dated, &c., [as in § 574.] 
 
 1 The other forms necessary in this proceed- 
 ing, may be prepared from those heretofore 
 given in other cases of re-assessments. The 
 jury is to be drawn by the Town Clerk of the 
 town in which the private' load is situated, 
 
 from the jury list of Buch town ;'"but, in all 
 other respects, the proceedings are to be con 
 ducted in the same manner as if it were a 
 question concerning a public road. 
 
CHAPTER XXm. 
 HUSBAND MD WIFE. 
 
 PRACTICAL REMARKS. 
 
 1. Marriage is regarded in law as a civil contract, to wLich the 
 consent of parties capable of contracting, is essential. From the na- 
 ture of this contract, it exists during the lives of the two parties, 
 unless dissolved from causes which defeat the marriage, or from re- 
 lations imposing duties repugnant to matrimonial rights and obliga- 
 
 ■ tions.' 
 
 2. The age of consent to marriage, by the civil, as well as the 
 common law, is fixed at fourteen in males, and tweive in females. 
 In the State of Ohio, the age of consent fixed by statute is eighteen 
 in males, and fourteen in females ; and in Massachusetts, it is seven- 
 teen in males, and fourteen in females.^ 
 
 3. No peculiar ceremonies are requisite, by the common law, to 
 the valid celebration of marriage; the essence of the contract being 
 the consent of the parties, that alone is required. It is not necessaiy 
 that a clergyman should be present to give validity to a marriage : 
 the consent of the parties may be declared before a magistrate, or 
 simply before witnesses, — or subsequently confessed or acknovr- 
 ledged; or the marriage may be inferred from continual cohabitation, 
 and reputation as husband and wife, except in cases of civil actions 
 for adiiltery, and in public prosecutions for bigamy.' 
 
 4. In Maine, Massachusetts and Connecticut, it is required by 
 statute, that there be a publication of bans previous to the marriage ; 
 that it be solemnized by a clergyman, or magistrate ; and if the male 
 is under twenty-one, or the female under eighteen, the consent of 
 
 ' 2 R. S. (Sd ed.) 199,5 1; 2 Kent's Commen- I ' 2 Kent's Commentaries, (2d ed.) 78. 
 taries, {2ded.) 75,etBeq; 4 Johnson,52; ISId., 82 Kent's f;ommenlari«f ('2d ed ) 86 R7; 4 
 816; 20 Id., 1; 7 Wendell, 47; 1 Hopkins, 498. | Johnson, 52j 1 Hill, 270. 
 
HUSBAOT) AND WIFE. 319 
 
 the parents or guardians must be myen. In the State of New York, 
 if the female be under the age of fourteen, the consent of the father, 
 mother, or g-uardian, is required. Similar legislative regulations exist 
 m New Hampshire, New Jersey, Kentucky, and other States. The 
 most eminent jurists, however, concur in the opinion, that a marriage 
 made according to the common law, without observing any of the 
 statute regulations, would be valid.' 
 
 • 5. For the purpose of being registered and authenticated, accord- 
 ing to the provisions of the Revised Statutes of this State, marriages 
 are to be solemnized only by the following persons : ministers of the 
 gospel, and priests of every denomination ; Mayors, Recorders and 
 Aldermen, of cities ; County Judges, and Justices of the Peace. It 
 is the duty of clergymen, magistrates, and other persons who per- 
 form the marriage ceremony, to keep a registry of the marriages 
 celebrated by them; and to ascertain, as far as practicable, and note 
 in such registry, the ages of the persons married, and the time 
 thereof, and their places of birth and their residences. It is also 
 their duty, to allow the clerks -of the school districts, within which 
 they respectively reside, to inspect such registries, from time to time, 
 and to furnish them such other information in their power as may be 
 necessary to enable them to make the returns required by law. 
 Clergymen and other persons solemnizing marriages, are also re- 
 quired to ascertain that the parties are of sufficient age to contract 
 marriage, and the names and places of residence of two of the attest- 
 ing witnesses, if more than one be present, and if not» then the name 
 and place of residence of such witness, which facts are, ia like man- 
 ner, to be recorded in their registry of marriages." 
 
 6. Whenever a marriage is solemnized, pursuant to the foregoing 
 provisions, the minister, or magistrate, is required to furnish to either 
 party, on request, a certificate thereof, specifying the names and 
 places of residence of the parties married, and that they were known 
 to such minister or magistrate, or were satisfactorily proved, by the 
 oath of a person known to him, to be the persons described in such 
 certificate, and that he had ascertained they were of sufficient age 
 to contract marriage ; the name and place of residence of the attest- 
 ing witness or witnesses ; the time and place of such marriage ; and 
 that after due inquiry made, there appeared no lawful impediment 
 to such marriage.' 
 
 7. Every such certificate, signed by a magistrate, if presented to 
 the Clerk of the city or town where the marriage was solemnized, or 
 to the Clerk of the city or town where either of the parties reside, 
 within six months after such marriage, must be filed by such Clerk, 
 
 ' 2 Stent's Oommantaries, (2d ed.) 90, 91 ; 1 > 2 E. 8. (8d ed.) 199, 200, §§ T-9; Laws of 
 Uw8 0fl841, chap. 25T. 1S4T, chap. 162. 
 
 I '2E. S. (8ded.)200, S12. 
 
320 NEW CLERK'S ASSISTANT. 
 
 and entered in a book to be provided by him, in the alphabetical ^r- 
 der of the names of both the parties, and in the order of time in 
 which such certificate may be filed. A certificate signed by a min- 
 isl^er may also be filed and recorded, in like manner, if there be en- 
 dorsed thereon, or annexed thereto, a certificate of any magistrate 
 residing ia the same county with such Clerk, setting forth that the 
 minister by whom such certificate is signed, is personally known to 
 such magistrate, or has acknowledged ttie execution of the certificate 
 in his presence; or that the execution thereof was proved to such 
 magistrate, by the oath of a person known to him, and who saw the 
 certificate executed. The entry of every such certificate, made by 
 the Clerk, must specify the names and places of residence of the 
 persons married; the time and place of marriage; the name and offi- 
 cial station of the person signiog the certificate ; and the time of 
 filing of the same.' 
 
 8. Every such original certificate, the original entry thereof, made 
 as above directed, and a copy of such certificate, or of such entry, 
 duly certified, wiO be received in all courts and places, as presump- 
 tive evidence of the fact of the marriage.' 
 
 9. It is the duty of Clerks of school districts, or, in case of their 
 incapacity or a vacancy in the office, of the Trustees, or one of them, 
 to ascertain, as far as practicable, and report in writing to the Town 
 Clerk, of their tovra, or Alderman of their ward, on or before the 
 fifteenth day of January in each year, the number of marriages 
 which have occurred in their respective districts during the year 
 preceding the first day of January ; the month and day of their oc- 
 currence ; the names, ages, and residences of the parties ; and the 
 names and residences of the officers and clergymen by whom the 
 same were solemnized. The Tovra Clerks and Aldermen are re- 
 quired, within fifteen days after receiving such reports, to record the 
 same in a book, and transmit a copy thereof, or an abstract, as the 
 Secretary of State may prescribe, to the County Clerks or City In- 
 spectors of their respective counties or cities. In the city of. New 
 York, the reports are to be made direct to the City Inspector, instead 
 of -through the Aldermen. County Clerks and City Inspectors are 
 to forward an abstract of the reports, within fifteen days after receiv- 
 ing the same, to the Secretary of State, who is required to make a 
 complete abstract, and transmit it to the Legislature, as soon as prac- 
 ticable.' 
 
 10. The recording of marriage certificates is discretionary with the 
 parties ; the registry, however, is obligatory upon all persons per- 
 forming the ceremony. 
 
 1 2 E. S. (8d ed.) 200, 201, §8 18-16. I » Laws of 18i7, ohap. 162. 
 
 !'2E.S.(8ded.)201,§16. | - 
 
HUSBAND AND 'WrPE. 321 
 
 11. Mairiage is not only a bona fide and valuable consideration, 
 but the very highest known in law ; and marriage settlements and 
 agreements, entered into before marriage, are greatly favored, and 
 wfll be enforced even as against creditors.^ 
 
 12. By the statute law of New York, aU contracts made between 
 persons in contemplation of marriage, remain in full force after the 
 marriage takes place." 
 
 13. A settlement after marriage, in pursuance of a prior written 
 agreement, is good against creditors ; otherwise, if made in pursuance 
 of a parol agreement.' 
 
 14. A wife may contract with her husband after marriage, for a 
 transfer of property from him to her, or to trustees for her, provided 
 it be for a bona fide or valuable consideration. A voluntary separa- 
 tion by husband and wife, and an agreement by deed, executed by 
 them and a trustee, for the payment of an allowance for her separate 
 maintenance, and containing a covenant of indemnity against debts 
 contracted by her, is valid; although it is well settled by the decisions 
 of our own, and of the English courts, that the rights of the husband 
 cannot be destroyed, nor the disabilities of the wife removed, by such 
 agreement' 
 
 15. A wife may make a conveyance to her husband, through a 
 third person.' 
 
 16. Where a wife leaves her husband without just cause, he is not 
 answerable for her support; but if she offer to return, and he refuse 
 to receive her, his liability is revived.' 
 
 17. The real land personal property of a married woman, in the 
 State of New York, and the rents, issues, and' profits thereof, are not 
 subject to the disposal of her husband, but are her sole and separate 
 property, — except the same be hable for debts contracted by her 
 husband prior to the seventh day of April, 1848, where the marriage 
 was solemnized previous to that day.' 
 
 . 18. A married woman, in the State of New York, may receive 
 real or personal property, by gift, grant, devise, or bequest, from any 
 person other than her husband, and hold the same, and the rents, 
 issues, and profits thereof, to her sole and separate use, and convey, 
 and devise the same, in the same manner, and with the like effect, 
 as if she were unmarried ; the same being neither subject to the dis- 
 posal of her husband, nor liable for his debts.' 
 
 1 Laws of 1848, chap. 200 ; 2 Kents' Com- 
 menlarieB, (2d. ed.) 162, et aeq. .: 1 Johnaon'B 
 Ch. Rep., 108, 460 ; 3 Id., 77, BSO ; 7 Id., 229 ; 
 17 Johnson, 648 ; 6 Paige, 111, 613. 
 
 s Laws of 1849, chap. 375. 
 
 > 3 Johnson's Ch, Rep., 481 ; 3 Paige, 240, 
 440. 
 
 * 2 Kent's Commentaries, (2d. ed.) 166, et 
 joq., 2 Johnson's Ch. Rep., 637 ; 8 Paige, 67 ; 
 21 
 
 2 Wendell, 422 ; 25 Id., 64 j 2 Hill, 260 ; 3 Id, 
 399, and authorities there cited. 
 2 Barbour's Oh. Rep., 232. 
 
 • 4 Denio, 46. 
 
 ' Laws of 1848, chap. 200 ; Laws of 1849, 
 chap. 375. 
 
 • Laws of 1848, chap. 200 j Laws of 1849, 
 chap. 375. 
 
322 NEW CLERK'S ASSISTANT 
 
 1 9. Where deposits are made by a married ■woman, or by a single 
 female, afterwartk becoming a married woman, in her own name, in 
 any savings' bank or institution, in the State of New York, the same 
 may be paid to her, and her receipt or acquittance, will be a sufficient 
 legal discharge to the corporation.' 
 
 FOEMS. 
 
 § 576. Short Form of Marriage, for Magistrates. 
 
 The officer performing the ceremony will direct the parties to join 
 hands, and then say: " By this act of joining hands, you do take upon 
 yourselves the relation of husband and wife, and solemnly promise 
 and engage, in the presence of these witnesses, to love and honor, 
 comfort and cherish each other, as such, so long as you both shall 
 Uve : Therefore, in accordance with the laws of the State of New 
 York, I do hereby pronoimce you husband and wife." 
 
 § 577. Marriage Certificate. 
 County, ) 
 Town of , f ^• 
 
 I do hereby certify, that on the day of instant, 
 
 \or, last past,] at the house of E. F. [or, church,] in said 
 
 town of , A. B., of, &c., and E. D., of, &c.^ were, with 
 
 their mutual consent, lawfully joined together in holy matrimony, 
 which was solemnized by me, in the presence of M. P., of, &c., and 
 E. r., of, &o., attesting witnesses : And I do fuuther certify, that the 
 said A. B. and E. D. are known to me, [or, were satisfactorily proved, 
 by the oath of E. F., known to me,] to be the persons described in 
 this certificate ; that I ascertained, previous to the solemnization of 
 the said marriage, that the said parties were of sufficient age to con- 
 tract the same ; and that, after due inquiry by me made, there ap 
 peared no lawful impediment to such marriage. 
 
 Given under my hand, this day of , 18 . 
 
 G. H., Eector o^ &c., [<w. Justice, &c.] 
 
 iLawsoflSBO.dhap. 91. 
 
HUSBAND AND WIFE. 323 
 
 § 578. Magistrate's Certificate. 
 
 County, ) 
 Town of , p* 
 
 I do hereby certify, ttat G. H., Rector of, &c., by whom the fore- 
 going [or, annexed; or, within,] certificate is signed, is personally 
 known to me, and has acknowledged the execution of said certificate 
 in my presence, this day of , 18 : [or, that on 
 
 the day of , 18 , personally came before me, M. 
 
 P., to me known, who being by me duly sworn, did depose and say, 
 that he was well acquainted with G. H., Rector o^ (fee, and knew him 
 to be the same person who executed the foregoing [or, annexed ; or, 
 within] certificate ; and that he was present and saw the said Q. H., 
 execute the same.] 
 
 S. T., Justice, &c 
 
 § 579. Oath to Witness Proving Identity of Parties. 
 
 Tou do solenmly swear, that you wiU true answers make to all 
 such questions as shall' be put to you, touching the identity of A. B. 
 and E. D., here present 
 
 § 580. Oath to Witness Proving Certificate. 
 
 You do solemnly swear, that you will true answers make to all 
 such questions as shall be put to you, touching the execution of this 
 certificate. 
 
 § 581. Marriage Ar tides. 
 
 This indenture of three parts, made, &c., between A. B., of, &c., 
 of the first part, E. D., o^ &c., daughter o£ (fee, of the second part, 
 and C. D., of, (fee, and E. F., of, (fee, of the third part, witnesseth: 
 That whereas, the said E. D. is seized m fee, of and m, certain lands 
 and tenements, with their appurtenances, situate, lying and being, 
 [give the town, county, or state;"] And whereas, a marriage is shortfy 
 intended to be solemnized between the said A. B. and E. D., with 
 whom the said A. B. is to have and receive dollars in money, 
 
 over and besides the lands, <&c., above mentioned, as and for her 
 marriage portion: Now, therefore, it is covenanted and agreed, by 
 and between the said parties to these presents, as follows : First, the 
 said A. B., for himself, his heirs, executors and administrators, doth 
 covenant and agree, to and with the said C. D. and E. R, their heirs 
 and assigns, that they, the said A. B., and E. D., his intended wife, 
 
324 HEW CLERK'S ASSISTANT. 
 
 in case the said intended marriage shall be solemnized, by some good 
 and sufficient conveyance, or conveyances, will settle and assure the 
 aforesaid lands and tenements, with the appurtenances, whereof she, 
 the said E. D., is seized as aforesaid, on and to the said C. D. and 
 E. K, to the use and behoof of the said A.. B., during the term of 
 his natural life ; and from and after the decease of the said A. B., 
 then to the use and behoof of the said E. D., his intended wife, for 
 and during the term of her natural life ; and from and after her de- 
 cease, then to the use and behoof of the heirs of the body of the said 
 E. D., by the said A. B. lawfully to be begotten ; and on the defaulx 
 of such issue, then to the use and behoof of the said E. D., her heirs 
 and assigns forever, and to and for no other use, intent or purpose, 
 whatsoever. 
 
 And, secondly/, for as much as the said A. B. is not at present 
 seized, or possessed, of any estate sufficient to make a jointure for 
 the said E. D., equivalent to her fortune, the said A. B., doth for 
 himself, his heirs, executors and administrators, covenant, grant and 
 agree, to and with the said C. D. and E. R, their heirs and assigns, 
 that in case the said intended marriage shall take effect, 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 
 ddlars, of lawful money of the United States, to be by her received 
 and taken, to her own proper use and benefit, in case she shaU sur- 
 vive the said A. B. 
 
 In witness whereof, the said parties have hereunto set their hands 
 and seals, the day emd year above written. 
 
 Sealed, signed and delivered, ) A. B., [l. s.] 
 
 in presence of J E. D., [l. s!] 
 
 G. H. &c., &c., 
 
 § 582. Settlement of an Estate, in Contemplation of Marriage. 
 
 This indenture of three parts, made, (fee, between E. D., of, &c., 
 of the first part, C. D., o^ &c., of the second part, and A. B., of, &c., 
 of the third part, witnesseth: That whereas, a marriage is intended 
 to be solemnized between the said parties of the first and thu'd parts, 
 and the said E. D. is possessed of certain personal estate, to wit: 
 the sum of dollars, which is now deposited in the 
 
 bank, in the city of , and shares of the capita] 
 
 stock of the insurance company in : Now, there- 
 
 fore, in consideration of the premises, and of one dollar paid by the 
 said 0. D. to the said E. D., the receipt whereof is hereby acknow- 
 ledged, the said E. D. doth hereby assign, transfer and set over, to 
 the said C. D., and his executors and administrators, all j;he moneys. 
 
HUSBAND AND WIFE. 325 
 
 property and effects, above mentioned, to hold the same to him the 
 said C. D., and his executors and administrators, upon the special 
 trusts and for the uses and purposes following, to wit: 
 
 First, That until the solemnization of the said marriage, the said 
 C. D. shall pay over to the said E. D., or shall empower her to receive 
 for her own use, all the income, profits and dividends, arising from 
 the said monies and effects, and from any other estate which may be 
 substituted therefor, as is hereinafter provided. 
 
 Second, That from and after the solemnization of the said marriage, 
 and during the coverture of the said E., the said C. D. shall receive 
 and collect the income, profits and dividends, of the said trust mo- 
 neys and effects, or of any other substituted estate, so often and 
 whenever the same shall be payable ; and, after deducting all indi- 
 vidual expenses, shall pay over the same, or so much thereof as she 
 shall not direct to be added to the principal for the purpose of accu- 
 mulation, to the said E., upon her sole and separate receipt therefor, 
 and free from the control or interference of her said husband, or 
 any other person whomsoever. 
 
 Third, That in case of the decease of the said E., after the solem- 
 nization of the said marriage, and during the life of her said husband, 
 the said money and effects shall be transferred and paid over by the 
 said trustee, to such person or persons, as she, the said E., by an in- 
 strument or note in writing, subscribed by her in the presence of at 
 least two competent witnesses, shall order and appoint to receive the 
 same; and in default pf her making such appointment, the same 
 shall be transferred and paid to the said A. B. ; and in case of his 
 decease before the said property shall be actually transferred and paid 
 over to him, then to such person or persons as would be the legal 
 representatives of the said E., by the statute for the distribution of 
 intestate estates. 
 
 Fourth, That in the event of the decease of the said A. B., during 
 the lifetime of the said E., all the property then held in trust under 
 this indenture, shall be transferred and conveyed back to the said E. ; 
 and until so transferred the trustee shall pay over to her, or empower 
 her to receive, the income, profits and dividends of the same, for her 
 own use. 
 
 Fifth, That the said trustee shall have power, with the approba- 
 tion, or at the request of the said E., expressed in writing, to sell and 
 dispose of the said trust estate, or any part of it, and the proceeds 
 to invest in other personal or real estate, according to the written di- 
 rection of the said E.; and the estate so purchased shall be had and 
 held by the trustees, upon the same trusts, and for the same uses 
 and purposes as aforesaid. 
 
 Sixth, That in case of the decease of the party of the second pai>i, 
 or of his resignation of said trust, he, or his executors or administrsr 
 tors, shall convey, transfer and pay over, the whole of the trust estate 
 
326 HEW CtdSEK'S ASSISTANT. 
 
 ihen he^d by him, to such person, or persons, as may be appointed 
 in -writing by the party of the first part, to be the trustee, or trus- 
 tees, imder this mdenture ; and such new trustee, or trustees, shall 
 have all the powers, and shall hold the trust estate subject to all the 
 provisions, herein set forth and expressed; and the receipt of such 
 new trustee, or trustees, for the trust property, shaU be a complete 
 acquittance and discharge to the said party of the second part, his 
 executors and administrators ; and, in like manner, other new trus- 
 tees may be appointed from time to time, as occasion may require. 
 
 And the said party of the second part doth hereby signify his 
 acceptance of the said moneys and eflfects, and doth engage to hold 
 and manage the same, upon the trusts, and for the uses herein men- 
 tioned. 
 
 And the said party of the third part doth hereby signify his assent 
 to the provisions of this indenture, and doth covenant to and with the 
 said party of the second part, and his successors in the said trust, to 
 permit the said party of the first part, after the solemnization of the 
 said intended marriage, to receive the aforesaid income, profits and 
 dividends, to her sole and separate use, and freely to dispose of the 
 trust estate, by her wUl, or by her testamentary appointment, and not 
 to interfere with the said trust estate, otherwise than in conformity to 
 the provisions of this indenture. 
 
 In witness, &c., [a« in § 581.] 
 
 § 683. Agreement for Settlement before Marriage.'' 
 
 This agreement, made and entered into this day of, &c., 
 
 between A. B., of, (fee, of the first part, and E. B., of, &c., of the 
 second part, [add the third party, if necessary, '\ witnesseth: That 
 whereas a marriage is about to be had and solemnized between the 
 said parties ; and the said party of the first part is desirous of mak- 
 ing provision for a fit and proper settlement, to and for the use and 
 benefit of the said E. D., his intended wife : Now, therefore, the said 
 party of the first part doth hereby agree, that if the said marriage 
 shall be had and solenanized as aforesaid, he shall or will, on or before 
 the day of next, assign, transfer, and set over, unto 
 
 C. D., of, &o., by good and suflScient transfers, assignments and con- 
 veyances, shares of the capital stock of the railroad 
 company, now owned by and belonging to the said party of the 
 first part; and also the sum of dollars in money; to have 
 
 1 Special conditions and provlflionB may be inserted in the ante-nnptial agreement, extend- 
 ing the benefit of the trust to the children of the parties. See g 682. 
 
HUSBAND AND WIFE. 3^7 
 
 and to hold the same unto the said C. D., to and for the sole and 
 separate use and benefit of the said E., during the term of her natu- 
 ral life. And it is further agreed between the said parties, that in 
 case the said C. D. shall refuse to accept the said trust, then the said 
 shares of stock and money as aforesaid, shall be transferred, assigned 
 and set over, unto such person as shall be nominated in writing by 
 the said party of the second part, as such trustee, in the place and 
 stead of the said C. D., to be held by him to and for the use and 
 benefit of the said E., as aforesaid; and that the articles of settle- 
 ment to be executed in pursuance hereof, shall contain a provision 
 for the appointment of a ti-ustee to fill any vacancy which may trans- 
 pire, except as above provided, by the nomination in writing of the 
 said party of the second part 
 In witness, &c., [as in § 581.] 
 
 § 584. Jointure in lAeu of Dower. 
 
 This indenture, made and entered into this day of, &c., 
 
 between A. B., of, &c., of the first part, E. D., of, &c., of the second 
 part, and C. D., of, (fee, of the third part, witnesseth : That the said A. 
 R, in consideration of a marriage about to be had and solemnized 
 between him, the said A. B., and the said E. D., does, for himself 
 his heirs and assigns, covenant, grant and agree, to and with the said 
 C. D., his heirs and assigns, that he, the said A. B., his heirs and as- 
 signs, shaU and wiU, forever hereafter, stand seized of and in a cer- 
 tain tract or parcel of land, with the appurtenances, situate in the 
 town of in the county of , and State of New York, 
 
 aforesaid, and bounded and described as follows, \description:'\ to 
 the uses following, that is to say : to the use of the said A. B., for 
 and during the term of his natural life, without impeachment of 
 waste, and after his marriage with the said E. D., and after his de- 
 cease, to her use, so long as she shall remain his widow and unmar- 
 ried, [or, during her natural life,] without impeachment of waste, for 
 her jointure, and in lieu and satisfaction of her whole dower in his 
 estate ; and after his decease, and the expiration of her estate, to the 
 use of his heirs and assigns forever. And the said E. D., in consid- 
 eration of the premises, and in consideration of the sum of one dol- 
 lar, paid to her by the said A. B., does, for herseK, her heirs, 
 executors, and administrators, covenant and agree with the said A. 
 B., that the lands so assigned to her shall be in fuU satisfaction of 
 her dower in his estate, and shall bar her from claiming the same, if 
 she shaU survive, after said marriage ; and further., if the said mar- 
 riage shall be had, and she shall survive him, that she will not claim 
 any share in his personal estate, unless some part thereof bft given to 
 
828 NEW CLERK'S ASSISTANT. 
 
 her by his will, or some act done by him subsequent to the execu. 
 lion of-these presents. 
 
 In witness, &o., [as in § 581.] 
 
 I 585. Articles of Separation. 
 
 This indenture of three parts, made, &c., between A. B., of, &c., 
 of the first part, and E. B., his wife, of the second part, and C. D., 
 of, dzc, of the third part, witnesseth : Whereas, divers unhappy dis- 
 putes and differences have arisen, between the said party of the first 
 part, and his said wife, for which reason they have consented and 
 agreed to live separate and apart from each other during their natu- 
 ral life : Now, therefore, the said party of the first part, in conside- 
 ration of the premises; and in pursuance thereof, doth hereby 
 covenant, promise and agree, to and with the said C. D., and also to 
 and with his said wife, that he shall and will allow and permit his 
 said wife, E. B., to reside and be in such place and places, and in 
 such family and families, as she may from time to time choose, or 
 think fit to do ; and that he shall not, nor will, at any time sue, mo- 
 lest, disturb, or trouble any person whomsoever, for receiving, enter- 
 taining or harboring her ; and that he will not claim, or demand, any 
 of her money, jewels, plate, clothing, household goods, or furniture, 
 which the said E. B. now hath in her power, custody, or possession, 
 or which she shall or may at any time hereafier have, or which shall 
 be devised or given to her, or that she may otherwise acquire ; and 
 fiirther, that the said party of the first part shall and will well and 
 truly pay, or cause to be paid, unto the said C. D., for and towards 
 the support and maintenance of his wife, the said E. B., the yearly 
 sum of dollars, free and clear of all charges and deductions 
 
 whatsoever, for and during her natural life, payable quarterly, at or 
 upon the first day of January, April, July, and October, in each and 
 every year during her said natural life ; which the said C. D. doth 
 agree to take, in full satis&ction for her support and maintenance, 
 and all alimony whatever. And the said C. D., in consideration of 
 the sum of one dollar, to him duly paid by the said A. B., doth cov- 
 enant and agree, to and with the said party of the first part, to 
 indemnify and bear him harmless, of and from all debts of his said 
 wife, E. B., now contracted, or that may hereafter be contracted by 
 her, or on her account ; and if the said party of the first part shall 
 be compelled to pay any such debt or debts, the said C. D. hereby 
 agrees to repay the same, on demand, to the said party of the firs' 
 part, with all damages and loss that he may sustain thereby. 
 
 In witness,&c,, [as in § 581.] 
 
CHAPTER XXIV 
 HOMESTEAD EXEMPTION LAW. 
 
 PRACTICAL REMAKES. 
 
 1. In tJie State of New York, the lot and buildings thereon, occu- 
 pied as a residence and owned by a debtor, being a householder and 
 having a family, to the value of one thousand dollars, will be exempt 
 from sale on execution after the first day of January, 1851, for 
 debts contracted subsequent to the tenth day of April, 1850. This 
 exemption is to continue after the death of the householder, for the 
 benefit of the widow and family, — some, or one of them continuing 
 to occupy such homestead, — until the youngest becomes of age, and 
 until the death of the widow. No release or waiver of such ex- 
 emption will be valid, unless the same be in writing, subscribed by 
 the householder, and acknowledged in the same manner as convey- 
 ances of real estate are required to be acknowledged. 
 
 2. To entitle any property to this .exemption, the conveyance 
 thereof must show that it is designed to be held as a homestead, or 
 if already purchased, or if the conveyance does not show the design 
 a notice that the same is designed to be so held, and containing a 
 fuU description thereof must be executed and acknowledged by the 
 person owning the property, and recorded in the office of the clerk 
 of the coimty in which the same is situate. 
 
 3. This exemption wiU not extend to sales for the non-payment of 
 taxes or assessments, or for a debt contracted for the purchase money, 
 or prior to the recording of the deed or notice. 
 
 4. Where the premises claimed to be exempt as aforesaid, are 
 worth more than one thousand dollars, in the opinion of a Sheriff 
 holding an execution against the householder, it will be the duty of 
 the former to summon six qualified jurors of his county, who shall 
 upon oath, to be administered by him, appraise the said premises. If 
 the jury are of opinion that the property may be divided without in- 
 jury to the interests of the ^parties, they must set oflF so much 
 
330 NEW CLERK'S ASSISTANT. 
 
 thereof, mcluding the dwelling house, as, in their opinion, will be 
 worth one thousand dollars, and the residue may be sold by the Sheriff 
 in the same manner as other real property not so exempt If the 
 jury are of opinion that the property cannot be divided as afore- 
 said, and that the same is worth more than one thousand dollars, 
 they must make and sign an appraisal of the value thereof, and de- 
 liver the same to the Sheriff, who'wiU deliver a copy thereof to the 
 execution debtor, or to some of his family of suitable age to under" 
 stand the nature thereof, with a notice thereto attached, as in the 
 form hereinafter given.' 
 
 FOEMS. 
 
 § 586. Clause to he Inserted in a Deed of the Property designed 
 to he Exempt. 
 
 The premises above described and hereby conveyed, are designed 
 to be held as a homestead, exempt from sale on execution, according 
 to the provisions of the act entitled " An Act to Exempt from Sale on 
 Execution, the Homestead of a Householder having a Family." — 
 passed April 10, 1850. 
 
 § 587. Notice to the Cov/rvty Qlerlc of design to hold . a Homestead 
 Exempt, and Acknowledgment. 
 
 To E. B. C, Esquire, 
 
 County Clerk of County: 
 
 Sir: You will please take notice, that I design to hold as a home- 
 stead exempt from sale on execution, according to the provisions of the 
 act entitled "An Act to Exempt from" Sale on Execution the Home- 
 stead of a Householder having a Family." — ^passed April. 10, 1850, — 
 
 iLawsofl8S0,cbap.26U. 
 
HOMESTEAD EXEMPTION LAW. 331 
 
 the following described property and premises, to wit: [Describe t/ie 
 premises in full, in the same manner as in a deecLJ 
 Dated the day of ,18 
 
 Tours, &c. 
 
 A.B. 
 
 County, ss:' 
 On this day of , in the year one thousand eight 
 
 hundred and fifty-one, before me personally came A. B., to me known 
 to be the individual who executed the above notice, and acknowledged 
 that he executed the same for the purpose therein mentioned. 
 
 W. W., Justice of the Peace m 
 and for said county of 
 
 § 688. Release or Waiver of the Exemption. 
 
 In consideration of the sum of one doUar to me in hand paid by 
 C. D., of the town of , in the county of , and state 
 
 of New York, the receipt whereof is hereby acknowledged, I do 
 hereby release and waive any and all benefit of the act entitled "An 
 Act to Exempt from Sale on Execution the Homestead of a House- 
 holder having a Family," — passed April 10, 1850 — so that any 
 property held by me as exempt under or by virtue thereof may be 
 levied upon and sold on any execution issued against me for any 
 demand owing to the aforesaid C. D. 
 
 Witness my hand, this day of , 18 . 
 
 A.B. 
 
 \Add Certifcate of Acknowledgment, as in ^ 687.] 
 
 § 589. Oath to Jvirws. 
 
 You, and each of you, do solemnly swear, that you will well and 
 truly perform the duties of a juror, m regard to the matters submitted 
 to your consideration, according to the act entitled " An Act to Ex- 
 empt from Sale on Execution the Homestead of a Householder having 
 a Family," — passed April 10, 1850. 
 
 1 For other fomiB of acknowledgment, see Chapter I. 
 
332 NEW CLERK'S ASSISTANT. 
 
 § 590. Certificate of Jurors setting off a Portion of the Premises. 
 
 Supreme Coiirt, 
 
 A. B. 1 
 
 against > County, County, ss: 
 
 CD.) 
 We, the undersigned jurors, summoned by the sheriff of said county, 
 who holds an execution against C. D., the defendant in the above en- 
 titled cause, in pursuance of the act entitled "An Act to Exempt from 
 Sale on Execution the Homestead of a Householder having a Family," 
 — passed April 10, 1850, — do hereby certify, that we have exam- 
 ined the folio-wing described premises situate in the town of , 
 in said county, to wit: [insert here a description of the premises:'] 
 which said premises are owned by C. D. aforesaid, and are claimed 
 ,by him to be exempt from sale on execution according to the act 
 aforesaid, and that in our opinion the said premises* are worth 
 thousand dollars, and may be divided without injury to the 
 interests of the parties concerned therein : And we do hereby set 
 off to the said A. B., the following described portion of the said 
 premises, to wit : [describe the same .•] which last mentioned piece or 
 parcel of land, mcluding the dwelling house thereon, and the appur- 
 tenances belonging thereto, is, in our opinion, worth thousand 
 dollars. 
 
 Dated , the day of 18 
 
 E.F., ) 
 
 Q. H., V Jurors. 
 
 &o.,&c.,) 
 
 § 591. Certificate that Property cannot he divided. 
 
 Supreme Court, 
 A.B. ) 
 
 against >• County, ss: 
 
 CD. ) 
 We, the undersigned jurors, &c., [as in § 590 to the *, and then 
 add:] axe worth more than one thousand dollars, and cannot be di- 
 vided without injury to the interests of the parties concerned therein 
 And we do hereby appraise the value of the said premises at 
 thoiisand dollars. 
 Dated, &<x, [o* mi § ^0.] 
 
HOMESTEAD EXEMPTION LA"W. 
 
 333 
 
 § 692. Ifotice of Sheriff to he Attacked to the Copy of § 691,onrf 
 Served on the Debtor. 
 
 Supreme Court, 
 A,B. 
 
 CD. 
 
 Sir: You -will please take notice that the foregoing is a copy of the 
 certificate of appraisal this day made by the jurors, by me summoned 
 as in said certificate mentioned; and that, unless the surplus of the 
 value of the premises described in said certificate, as appraised by 
 said jurors, over and above one thousand doUars, be paid to me 'within 
 sixty days from the date of the service of this notice, the said premi- 
 ses -will be sold, by virtue of an execution issued against you in the 
 above entitled cause.^ 
 
 Dated the day of , 18 . 
 
 Yours, &c., 
 
 R T., Sherift of County. 
 
 To Mr. C. D. 
 
 1 If the surplus is not paid within sixty 
 (Says, the sheriff may advertise and sell the 
 premises, as in other cases ; and out of the 
 proceeds of the sale, he must pay the ezecu- 
 uoa debtor one thousand dollars, which will 
 
 be exempt from execution for one year theiB^ 
 afler, and apply the balance on the executioa. 
 The costs, and char^e» of the sheriff, must 
 be deducted from bucq balaoce. 
 
CHAPTER XXV. 
 JUSTICES' COUETS. 
 
 PRACTICAL REMARKS. 
 
 1. There are but two kinds of actions in the Courts of Justice of 
 this State, whether of record or otherwise, viz : civil and criminal 
 actions.' 
 
 2. Justices of the Peace have civil jurisdiction in the following ac- 
 tions, and no other: 
 
 1. An action arising on contract, for the recovery of money only, if 
 the sum claimed does not exceed one hundred dollars: 
 
 2. An action for damages for an injury to the person or to real pro- 
 perty, or for taking, detaining, or injuring, personal property, if the 
 damages claimed do not exceed one hundred dollars; 
 
 3. An action for a penalty, not exceeding one hundred dollars, given 
 by statute; 
 
 4. An action commenced by attachment of property, as hereinafter 
 specified; 
 
 5 An action upon a bond, conditioned for the payment of money, 
 not exceeding one hundred dollars, though the penalty exceed that sum; 
 the judgment to be given for the sum actually due. Where the pay- 
 ments are to be made by instalments, an action may be brought for each 
 instalment, as it shall become due; 
 
 6. An action upon a surety bond taken by them, though the penalty 
 or amount claimed exceed one hundred dollars; 
 
 7. An action on a judgment rendered in a court of a Justice of the 
 Peace, or of a Justice's or other inferior court, in a city; but no action 
 can be brought on a judgment rendered by a Justice of the Peace, in the 
 same county, within five years after its rendition, except in case of his 
 death, resignation, incapacity to act, or removal from the county, — ot 
 that the process in the original action was not personally served on the 
 defendant, or on all the defendants, — or in case of the death of some of 
 
 ' Laws of 1849, chap. 438, (Code of Procedure,) 5 4 
 
JUSTICES' COUETS. 
 
 335 
 
 the parties, — or -where the docket or record of the judgment has been 
 lost or destroyed.' 
 
 3. Justices may also take and enter judgment, on the confession 
 of a defendant, where the amount confessed does not exceed two 
 hundred and fifty dollars.' 
 
 4 No Justice of the Peace has cognizance, however, of a civil ac- 
 tion in which the People of this State are a party, except for penal- 
 ties not exceeding one hundred dollars ; nor of an action in which 
 the title to real estate comes in question ; nor of a civil action for an 
 assault, battery, false imprisonment, libel, slander, malicious prosecu- 
 tion, criminal conversation, or seduction ; nor of a matter of account, 
 where the sum total of the accoimts of both parties, proved to the 
 satisfaction of the Justice, exceeds four hundred dollars ; nor of an 
 action against an Executor or Administrator, as such.' 
 
 5. Civil actions may be commenced in Justices' Courts, either by 
 the voluntary appearance of the parties, or by process. There are 
 three different forms of process — smnmons, warrant, and attach- 
 ment Where a suit is instituted without process, it will be deemed 
 to have been commenced at the time of joining the issue : if a sum- 
 mons or attachment be issued, the suit wiU be deemed commenced 
 on the day when the process is delivered to the Constable ; if the 
 process be a warrant, the suit wiU be deemed commenced at the time 
 of the arrest of the defendant.* 
 
 6. There are two 'kinds of process by summons, generally distin- 
 guished as a long summons and a short summons. A long summons 
 is the usual process against all persons residing in the county where 
 it issues ; and it is the only one which can issue, of course, in any 
 ease, against a freeholder, or an inhabitant of any county having a 
 family. A short siunmons is the proper form of process to be issued 
 in favor of a non-resident plaintiff, suing as such, when the defendant 
 cannot be arrested under the provisions of the non-imprisonment act ; 
 and it is the only process, except an attachment, which can be issued, 
 in similar cases, against a non-resident defendant Any other process 
 would be void. But where there are joint debtors, one or more of 
 whom reside in the coimty, suit may be conunenced against them by 
 long summons.' 
 
 7. Warrants may be issued in actions for injuries to the person, 
 rights, or property of another ; or for taking or detaining personal 
 property; or for the recovery of money collected by a public officer, 
 for official misconduct or neglect of duty ; or misconduct or neglect 
 
 1 Laws of 1849, ch. 438, (Code of Procedure) 
 Part I. title vl., § 53 ; Id., Part II. title i. § 71. 
 
 2 Laws of 1849, cliap. 438. (Code of Pro- 
 cedure,) Part L, title vi.,§63, sub. 8; 2 R. 
 S. {3d ed.) 342, §5 114-116 ; 9 Wendell, 569, 
 
 s Laws of 1849, chaf. 438, (Code of Pro- 
 cedure,) Part I.| title tl, § 64. 
 
 < 2 R. S. (3d ed.) 326, § 12, 13. 
 
 6 2R. S. (3ded.) 326,327, {. 14 et soq.; 
 Laws of 1831, chap. 300, 56 30-33 ; 15 Wen- 
 dell, 662; 16 Id., 35; 17 Id.. 617; 3 Hill, 
 323; 5 Id., 186; 6ld., 631 ; 1 Deniii 176 2 
 Id., 95. 
 
336 NEW CLEKK'S ASSISTANT. 
 
 m any professional employment ; subject, however, to the provisions 
 of the statute which restrict the use of this process to the following 
 cases, viz: Where the defendant is a non-resident; where it appears 
 to the satisfaction of the Justice, by the affidavit of the applicant, or 
 ef any other witness, that the person against whom the warrant is 
 desired, is about to depart from the county, with intent not to return 
 thereto ; where the defendant is an inhabitant of the county, having 
 a family, or a freeholder of the same coimty, and it shall in like man- 
 ner appear to the satisfaction of the Justice, that the plaintiff will be 
 in danger of losing his demand, unless such warrant be granted; 
 where the plaintiff is a non-resident, and tenders to the Justice secu- 
 rity for the payment of any sum which may be adjudged against 
 him in the suit; and at the option of the Justice, against a resi- 
 dent defendant, not a freeholder, nor an inhabitant having a 
 family ; or against a defendant upon whom a summons shall have 
 been served, only by leaving a copy, or in any other way than by 
 reading or delivering a copy to him personally, and who shall not 
 have appeared at the time and place appointed in such siunmons, 
 nor shown good cause for not appearing.' 
 
 8. There are two kinds of attachments, long and short. The lat- 
 ter issues against a non-resident defendant, and may be had when a 
 short summons is also a proper process ; and either may be taken, 
 at the option of the party. No affidavit is necessary on an applica- 
 tion for a short attachment A long attachment issues, when it is 
 made to appear to the satisfaction, of the Justice to whom application 
 is made, that the debtor has departed, or is about to depart, from 
 the county where he last resided, with intent to defraud his credi- 
 tors, or to avoid the service of civU process ; or that such debtor 
 keeps himself concealed, with the like intent ; the same process is- 
 sues, under the non-imprisonment act, when 'the Justice is satisfied 
 that the defendent is about to remove from the county some of his 
 property, with intent to defraud his creditors, or that he has assigned, 
 disposed of, secreted, or is about to assign, dispose of, or secrete, any 
 of his property, with the like intent. The Revised Statutes limit 
 the nature of demands, for which attachments may be sued out, to 
 those existing against the debtor personally, whether liquidated or 
 not, arising upon contract, or upon judgments rendered within this 
 State. The non-imprisonment act extends the process to suits for the 
 recovery of any debt or damages arising upon contract, express or im- 
 plied, or upon any judgment, whether rendered in this State or not. 
 The demand, however, must be against the debtor personally. In all 
 cases, the facts and circumstances reUed on as the foundation for the issu- 
 ing of an attachment must be set forth distinctly in the affidavit accom- 
 
 I 2R. S.(3ded.)327,3a8, §§18-23; Laws I 389; 7 Id^ 434; 13ia.,-48: 15 Id., 654; 16 
 of 1831, chap. 300 ; Laws of 1840, chap. 165 ; Id.,35j 17 Id., 51; 2 Hill, 296; 1 Denio, 176 
 Id., chap. 377 ; 2 Cowen, 429 ; 3 Wondull, | 
 
JUSTICES' COURTS. 337 
 
 panying the application. The only material difference between the pro- 
 ceedings on attachments issued under the statute, and those issued 
 under the non-imprisonment act, subsequent to the issuing of the pro- 
 cess, is, that in the latter case, where property is attached, and a copy of 
 the inventory and attachment is not personally served, and the de- 
 fendant does not appear, the plaintiff may take a short summons ; 
 and if the defendant be personally served therewith, or cannot be 
 found after diligent inquiry, the Justice may proceed to hear and 
 determine the cause in the same manner as upon a summons per- 
 sonally served.^ 
 
 9. An affidavit for an attachment, stating facts and circumstances, 
 on belief only, is fatally defective ; but if the party swears he has 
 been informed of the facts set forth, the affidavit wm be sufficient' 
 
 10. On an attachment against joint debtors, a Justice cannot render 
 judgment, where one only of the defendants has been .served with 
 the process. The proceeding must be dismissed, or a summons 
 issued.' 
 
 1 1. When the name of any defendant sued in a Justices' Court, is 
 not known to the plaintiff, he may be described in a summons, or 
 warrant, by a fictilSous name ; and if a plea in abatement be inter- 
 posed by such defendant, the Justice before whom the suit is pending 
 may amend the proceedings, according to the truth of the matter, and 
 proceed in the cause, in like manner as if thedefendant had been sued 
 by his right name.* 
 
 12. It is no part of the official duty of a Justice to deliver a sum- 
 mons to a constable.' 
 
 13. Where a summons is returned served by copy, and another 
 summons is issued, the suit will be legally continued, even in cases 
 affected by the statute of- limitations." 
 
 14. The pleadings in courts of Justices of the Peace are — 1, the 
 complaint by the plaintiff; 2, the answer by the defendant The 
 pleadings may be oral, or in writing; if oral, the substance of them 
 must be entered by the Justice in his docket ; if in writing, they 
 must be ffled by hino, and a reference made to them in the docket 
 The complaint must state, in a plain and direct manner, the facts 
 constituting the cause of action. The answer may contain a denial 
 of the complaint, or any part thereof, and notice, also, in a plain and 
 dii-ect manner, of any facts constituting a defence. Pleadings are not 
 required to be in any particular form, but must be such as to enable 
 
 1 2R, S. (3a ed.) 328, § 2r et seq.: Laws of 
 1831, chap. 300, § 34; Laws of 1842, chap. 
 107; 15 Johnson, 196 ; 3Cowen.206: 6 Id., 
 234; 10 Wendell. 420: 12 Id., 359: 13 Id., 
 46,404; X4Id,,237; 15 Id., 456, 479 ; 20 Id., 
 77,146,184; 23 Id., 336; 24 Id., 485, j 5 Hill, 
 264; 6 Id., 311; 1 Dsnio, 186. 
 
 ' 4 Demo, 93. 
 
 s 2Comstock, 112. 
 
 « Laws of IKO, chap. 3Sa. 
 
 <■ 3 Denio, 12. 
 
 ' 3 Denio, 12. 
 
338 NEW CLERK'S ASSISTANT. 
 
 a person of common understanding to know what is meant Either 
 party may demur to a pleading of his adrersary,. or any part thereof, 
 when it is not sufficiently explicit to enable him to understand it, or 
 it contains no cause of action or defence, although it be taken as true ; 
 if the court deem the objection well founded, it must order the plead- 
 ing to be amended, and, if the party refuse to amend, the defective 
 pleading must be disregarded. In an action or defence, founded 
 upon an accoxmt, or an instrument for the payment of money only, 
 it will be sufficient for a party to deliver the account or instrument to 
 the court, and to state, that there is due to him thereon from the ad- 
 verse party a specified sum, which he claims to recover or set off' 
 
 15. A variance between the proof on the trial, and the allegations 
 in a pleading, wiU be disregarded as immaterial, unless the court shall 
 be satisfied that the adverse party has been misled to his prejudice 
 thereby. The pleadings in a Justices' Court may be amended, at 
 any time before the trial, or during the trial, or upon appeal, when, 
 by such amendment, substantial justice will be promoted. If the 
 amendment be made after the joining of the issue, and it be made to 
 appear to the satisfaction of the court, by oath, that an adjournment 
 is necessary to the adverse party in consequence of such amendment, 
 an adjournment must be granted. The court may also, in its discre- 
 tion, require as a condition of an amendment, the payment of costs 
 to the adverse party, to be fixed by the court ; but no amendment 
 can be allowed after a witness is sworn on a trial, when na adjourn- 
 ment will be thereby made necessary.' 
 
 16. In case a defendant does not appear and answer, in an action 
 before a Justice of the Peace, the plaintiflf cannot recover without 
 proving his case.' 
 
 17. At the joining of the issue, the court may require of either 
 party, at the request of the other, to exhibit his account or demand, 
 or state the nature thereof as definitely as may be in his power, at 
 that or some other specified time ; and in case of the default of the 
 party, he will be precluded from giving evidence of such parts thereof 
 as shall not have been so exhibited or stated.' 
 
 18. If the defendant do not appear on the return of a summons or 
 attachment, the Justice before whom the suit is brought may adjourn 
 the cause to a time certain, not exceeding eight days, on the simple 
 motion of the plaintiff, without oath, — and so if the defendant appear 
 and do not object ; but the defendant may object, and require as a 
 condition of the adjournment, that' the plaintiff, or his attorney, make 
 oath that he cannot, for want of some material tesljmony, or witness, 
 safely proceed to trial An adjournment on the application of ihe 
 
 » Laws of 1849, chap. 438, (Code of Proce- 1 8 Ibid., loc. oit. 
 lure.) Fart I., title vi., S 44. [ > Ibid., loc. cit. 
 
 I * Ibid., loc. cit, 
 
JUSTICES' COURTS. SSi* 
 
 plaiiiti£f cannot be granted at any other time than on the return of a 
 Bummons or attachment, or the joining of issue without process, except 
 upon an application for a commission, when the plaint^ is entitled to 
 the same time and privileges as a defendant A defendant may 
 make application for an adjournment, at the time of joining issue, in alJ 
 cases, except where the suit is commenced by warrant on behalf of 
 a non-resident plaintiff. The defendant, or his attorney, may be re- 
 quired, on such application, to make oath that he cannot safely pro- 
 ceed to trial, for the want of some material testimony, or witness, to 
 be specified by him. In addition to such oath, the defendant must, 
 if required, execute the bond, a form of which is hereinafter given. 
 A defendant may have a second or further adjournment, on giving 
 security, if required, and proving, by his own oath, or otherwise, that 
 he cannot safely proceed to trial, for want of some material testimony, 
 or witness ; and that he has used due diligence to obtain such testi- 
 mony, or witness. Where a suit is commenced by a non-resident 
 plaintiff, the first adjournment is to be not less than three nor more 
 than twelve days, unless the parties and Justice otherwise agree. In 
 no case can the time of adjourning a cause exceed ninety days from 
 the time of joining the issue, except with the consent of parties. A ' 
 Justice may adjourn a cause, with or without the consent of parties, 
 on his own motion, at the time of the return of a summons or attach- 
 ment, or of joining issue without process, not exceeding eight days; 
 and he may hold a cause open, or adjourn it, on issuing an attach- 
 ment for a witness, or a new venire. Justices have a discretion to 
 exercise in refusing or granting an adjournment, which wiH not be 
 interfered with on appeal, except there be a clear abuse of that dis- 
 cretion.' 
 
 19. Consent will give a Justice jurisdiction in respect to parties, 
 but not as to the subject matter of a suit' 
 
 20. A Justice of the Peace may, when an issue of fact shall have 
 been joined before him, upon the application of a party showing 
 the materiality of the testimony of a witness beyond the reach of a 
 subpoena, issue a commission to one or more persons to examine such 
 witness on oath, upon interrogatories to be setfled by the Justice ; 
 and whenever the defendant neglects to appear, or to plead in such 
 action or suit, and the plaintiff makes application for a commission to 
 take the deposition of a material witness, the Justice may issue a com- 
 mission without notice, — ^the interrogatories accompanying the same 
 being proposed by the plaintiff, and settled by the Justice.' 
 
 > 2 R. S. (3d. ed.) 335, 336, § 63, et seq. : 8 I » 12 Johnson, 285 ; 17 Id., 63 : 3 Hill, 323. 
 Johnson, 426 ; 11 Id., 407 • 13 Id., 228 ; 15 Id., » Laws of 1838, chap. aiS : tawa of 1841, 
 492; ICowen, 112,234, 253:2Id., 426:7Id., Ichap. 138 Laws of 1847, chap. 32S. 
 869 ; 1 Wendell, 464 ; 3 Id., 420 : 10 Id., 497 ; I 
 11 Id., 461, 6i34 ; 3 Hill, 323 j 7 Id., 77. 
 
340 NEW CLERK'S ASSISTANT. 
 
 21. It must be made distinctly to appear, on an application for a , 
 commission, that the witness is material, and that he does not reside 
 in the county where the suit is pending, nor in an adjoining county. 
 An afl&dayit, stating that the witness is in " another county," and that 
 he "is, or may be, material," is not sufficient.* 
 
 22. Witnesses may be required to attend before any Justice of the 
 Peace, in the same, or in an adjoining county, in pursuance of a sub- 
 poena duly served." 
 
 23. A Justice of the Peace must enter judgment forthwith, on the 
 verdict of a jury; he cannot wait until the next day.' 
 
 24. When Ihere is no jury, a Justice must render his judgment 
 within four days after the trial. It need not be entered on his docket 
 within that time, but a memorandum thereof must be made on the 
 papers in the action.* 
 
 25. The plaintiff must be present, either in person or by attorney, 
 when a verdict is rendered.' 
 
 26. A Justice of the Peace, on the demand of a party in whose 
 favor he shall have rendered a. judgment, must give a transcript 
 thereof, which may be filed and docketed in {he officg of the Clerk 
 of the County where the judgment was rendered. The time of the 
 receipt of the transcript by the Clerk must be noted and entered in 
 the docket; and from that time the judgment wiU be a judgment of 
 the County Court. A certified transcript of such judgment may be 
 filed and docketed in the Clerk's office of any other county, and with 
 the hke effect, in every respect, as in the county where the judgment 
 was rendered, except, that it shall be a lien, only from the time of 
 filmg and docketing the transcript. But no such judgment for a less 
 sum than twenty-five dollars, exclusive of costs, wiH be a lien upon 
 real property.' 
 
 27. Where a transcript of a judgment is docketed in the office of 
 the Clerk of the city and county of New York, such judgment wiU 
 have the same effect as a hen, and be enforced in the same manner 
 as a judgment of the Court of Common Pleas of such city and county.' 
 
 28. Executions may be issued on a judgment in a Justice's Court, 
 whether rendered before or after the passage of the act of 1849, at 
 any time within five years after the rendition thereof, and must 
 be made returnable sixty days from the date thereof Where a 
 judgment is docketed with the County Clerk, the execution must be 
 issued by him to the Sheriff of the County, and be executed in the 
 same manner as other executions and judgments of the County Court, 
 or, in the city and county of New York, of the Court of Common 
 Pleas." 
 
 1 7 Hill, 77. 
 
 2 2 R. S. (3a. ed.) 337, 5 81, et seq: 
 ' 3 Denio, 12. 
 » 2 Comewck, 134. 
 > 3 Denio, 12. i 
 
 • Laws of 1849, chap. 438, (Code of Proce 
 dure. Part I., title vi., § 63. 
 ' Ibid., Part I., title vii., § 68. 
 » Ibid., Pan I,, title vi., § 64. 
 
JUSTICES' COURTS. 
 
 341 
 
 29. A Justice of the Peace may renew an execution issued by 
 him from time to time, by an endorsement specifjdng the amoimt due, 
 if any thing has been paid or collected thereon, and the date of the 
 renewal ; the endorsement must be signed by the Justice.' 
 
 30. An execution issued by a Justice may be renewed while yet 
 unsatisfied, though levy has been made ; provided there be not suffi- 
 cient time to advertise and sell under it." 
 
 31. The docket of a Justice is good evidence before himself, with- 
 out proving its identity, or showing his official character.' 
 
 32. Where the statute requires a "bond " to be executed, in any 
 proceeding had before a Justice,* a mere covenant, or agreement in 
 writing, to become holden, on certain conditions, is not sufficient 
 
 33. Courts of Justices of the Peace, are not courts of record, and 
 judg-ments nendered before them will be barred by the statute of 
 imitations, even though docketed m the office of the County Clerk, 
 at the expiration of six years from the vendition thereof.' 
 
 34. The Justices' Courts in the city of New York, and Justices' 
 Courts in other cities, have jurisdiction in all civil actions similar to 
 those in which Justices of the Peace have jurisdiction ; and, also, in 
 actions upon the charters or by-laws of the corporations of their re- 
 spective cities, where the penalty or forfeiture does not exceed one, 
 hundred dollars." 
 
 35. Justices of the Peace have power to issue process for crimes 
 committed in the county where they reside, but not for those com- 
 mitted in another county, even if the offender be in the county where 
 the Justice resides.' 
 
 36. Courts of Special Sessions are to be held by a smgle magis^ 
 trate, and all offences triable before such courts are to be tried with 
 or without a jury, at the election of the prisoner. Any criminal 
 warrant or process issued for an offence triable before a Court of 
 Special Sessions, must authorize the officer executing it, to take the 
 offender before some magistrate in the town or city where the offence 
 was committed, provided the magistrate issuing the same reside in 
 some other town or city. The city of New York is excepted from 
 the operation of this provision.' 
 
 • 2 R. S. (3d. ed.) 347, § 144. 
 « 1 Denio, 574. 
 
 « 1 Denio, 432. 
 
 * 1 Denio, 184. 
 
 '4 Barbour's S. C. Rep., 442. 
 
 • Laws of 1849, chap. 438, (Code of Pr(»» 
 dura,) Parti., tiile vii., SS 66, 67. 
 T 6 Hill, 164. 
 •Laws of 1845, ohap. IW, 55 16,28, 
 
342 KEW OtEEK'S ASSISTANT. 
 
 FOEMa 
 
 § 593. Simmons} 
 
 Town of , ) g^. 
 
 County, j 
 To any Constable of the said County, greeting: 
 
 The people of the State of New York command you to summon A. 
 B. to appear before me, the undersigned, one of the Justices of the 
 Peace of the town aforesaid, at my office, \or, as the ease may 6e,] 
 in the said county, on the day of , at o'clock, in 
 
 the noon, to answer C. D., in an action arising on contract, [or, 
 in an action for damages for an injury to the person of the said C. 
 D. ; or, as the cause of action may 5e,] to his damage one hundred 
 dollars or imder. And have you then there this precept. 
 
 Witness my hand, the day of , 18 . 
 
 J. H. B., justice of the Peace. 
 
 § 594. Affidavit for Short Summons by Nbn- Resident Plaintiff. 
 County, ss: 
 
 C. D., being duly sworn, says that he has, as he verily believes, a 
 good cause of action, arising on contract, \or, on a judgment founded 
 on contract,] against A. B., upon which, according to the provisions 
 of the 31st section of the act to abolish imprisonment for debt, and to 
 punish fraudulent debtors, no warrant can issue against the said A. 
 B ;* and that this deponent resides in the town of , in the 
 
 county of , and not within the said county of ; and this 
 
 deponent prays a short summons against the said A. B., on giving 
 security, according to the statute. 
 
 Sworn to, this day ) C. D. 
 
 of , 18 , before me, j 
 
 C. C, Justice of the Peace. 
 
 § 595. Affidavit for Short Swmmons against Non-Resident 
 Defendant. 
 Coxmty, ss: 
 C. D., being duly sworn, &c., [as in § 594 to the .*, and then 
 
 s A limg sunraionfl must be made returnable | in not less than two, nor more than four days. 
 ^ not less than six, nor more than twelve days In computing the time, the day of the date is 
 from tiie date thereof; and a ahart summons { tr be excluded, and the return day included. 
 
JUSTICES' COURTS. 343 
 
 add:] and that the said A. B. resides in the county of 
 and out of the said county of ' ; and tiiis deponent prays 
 
 » short summons against the said A. B. 0. D 
 
 Sworn, &'}., [as in § 594.] 
 
 § 596. Description of Parties suing in a Partieidar Character. 
 
 Of Administrators. — A. B. and 0. D., administrators of all and 
 singular the goods and chattels, rights and credits, 'which were of 
 E. F. deceased. 
 
 Executors. — A. B. and CD., executors of the last wiU and testa- 
 ment of E. R, deceased. 
 
 Surviving Executor. — A. B., surviving executor of the last wUl, 
 &c. 
 
 Surviving Partner, or Joint Creditor. — A. B., survivor of A. B. 
 and C. D. 
 
 Husband and Wife. — A. B., and C. B. his wife. 
 
 Assignee of Bail Bond. — A. B., assignee of A. P., Esq., Sheriff 
 of the county of 
 
 Assignee of Insolvent Debtor. — A. B., assignee of E. R, an insol- 
 vent debtor. 
 
 Overseers of the Poor. — A. B. and C. D., Overseers of the Poor 
 of the town of , in the county of 
 
 Plaintiff in an Action for a Penalty. — A. B., who sues as well 
 for himself, as for the Overseers of the Poor of the town of , 
 
 m the county of 
 
 § 597. Affidavit for Warrant, in an Action for a Wrong. 
 County, ss: 
 C. D., being duly sworn, says that he has, as he verily believes, a 
 good cause of action against A. B., for breaking and entering the 
 close of the said C. D., in the town of , in said county, and 
 
 taking and carrying away therefrom, <fec., [set forth the cause of ac- 
 tion.] And this deponent further says, that the said A. B., who 
 resides in said county of , is not a freeholder therein, nor an 
 
 mhabitant thereof having a fanuly, [or, that the said A. B. is not a 
 resident of the said county of , but a resident of the county of 
 ; or, that he, the said 0. D., is a non-resident of said 
 coimty, and a resident of the county of , and is willing to 
 
 give security for the payment of any sum which may be adjudged 
 . against him in any suit to be commenced hereupon ; or, that the said 
 
344 KEW CLERK'S ASSISTANT. 
 
 A. B. lately infonned E. R, m the presence of this deponent, that 
 he was about to depart from said county of , with intent not 
 
 to return thereto, \or state other facts and drcutnstances showing such 
 intention;'] or, that this deponent will, as he verily believes, be in 
 danger of losing his said demand, unless such warrant be granted, 
 and that the following are the facts and circumstances on which that 
 belief is founded, viz : [state the'facts/] and this" deponent makes ap- 
 plication for a warrant against the said A. B., according to the statute. 
 Sworn, &c., [as in § 594.] C. D. 
 
 § 598. Affidavit for Warrant, in an Action on Contract. 
 County, ss : 
 
 C. D., being duly sworn, says that he has, as he verily believes, a 
 good cause of action against A. B., for money collected by the said 
 A. B. in his oflficial character as Constable, [or, for the official mis- 
 conduct, [or, neglect of duty,] of the said A. B. as Constable; or, 
 for damages arising from' the misconduct or neglect of the said A. B., 
 in his professional emplo3Tnent as an attorney!] And this deponent 
 fiirther says, that the said A. B. is a non-resident of said county of, 
 &c., [or, as in § 697.] and, therefore, he makes application for a 
 warrant against the said A. B., according to th9 statute. 
 
 Sworn, Ac, [as in § 594.] C. D. 
 
 § 599. Recognisance on Issuing Warrant, or Short Summons. 
 County, ss: 
 
 Be it remembered, that on the day of ,18 , appli- 
 
 cation having been made to the undersigned, one of the Justices of 
 the Peace of said county, by C. D., a non-resident of said county, 
 for a warrant, [or, short summons,] in his favor against A. B., in an 
 action arising on contract, [or, as the tause of action may be/] E. F. 
 thereupon personally came before me, and acknowledged that he 
 owed to the said A. B. one hundred dollars, to be paid if default 
 should be made in the following condition, viz : that the said C. D. 
 shall pay to the said A. B. any sum which may be adjudged against 
 him the said C. D., in the suit to be commenced by the said warrant, 
 [or, short summons.] H. T. C, Justice, <fec. 
 
 § 600. Written Seemrity on Issuing Warrant, or Short Summons. 
 County, ss: 
 Application having been made to L. P., Esq., one of the Justices 
 of the Peace of said county, by C> D., a non-resident of the said 
 
JUSTICES' COURTS. 34& 
 
 county, for a -warrant in his favor, against A. B,, in an action arising 
 on contract, [or, as the came of action may 5e;] Now, therefore, for 
 value received, and according to the statute in such case made and 
 provided, I do hereby agree with, and become bound to, the said A. 
 B., that the said C. D. shall pay to him any svna which may be ad- 
 judged against the said C. D. in the suit to be commenced by the 
 said warrant, \or, short summons.] 
 
 Dated the day of ,18 . E. F. 
 
 Signed, taken, and acknowledged, the ) 
 day of ,18 , before me, J 
 
 C. C, Justice, &c 
 
 § 601. Warrant in a Civil Action. 
 County,) 
 Town of ,f^^- 
 
 To any Constable of the said County, greeting: 
 
 The people of the State of New York command you to take A. 
 B., and bring him forthwith before me, one of the Justices of the 
 Peace of the said town, to answer C. D. in an action arising on con- 
 tract, [or, as the cause of action may i*,] to his damage one hun- 
 dred dollars, or under; and you are further required, after you have 
 arrested the defendant^ to notify the plaintiff of such arrest, and 
 make return hereupon to me, of the manner in which you shall have 
 executed this precept 
 
 Witness my hand, the day of , 18 . 
 
 K H. F., Justice, &c. 
 
 § 602. Application for an Attachment. 
 To J. B., Esq., Justice of the Peace of the Town of , in the 
 
 County of : 
 
 The subscriber applies to you for an attachment against the pro- 
 perty of A. B., on the grounds set forth in the aflSdavit hereunto 
 annexed. Dated the day of , 18 . 
 
 CD. 
 
 § 603. Affidavit for an Attachment vnder the Revised Statutes. 
 County, ss: 
 
 C. D., being duly sworn, says, that A. B. is justly indebted t(» 
 (his deponent [or, to E. F.] in the sum of dollars, over and 
 
 tbove all discoimts which the said A. B. has against him, as near an 
 
346 MEW CLERK'S ASSISTANT. 
 
 he can ascertain the same ; which debt arose upon contract, [or, an 
 the case may be;]* and that the said A. B. has departed from the 
 said county of , where he last resided, with intent to defraud his 
 creditors, or with intent to avoid the service of any civil process ; [or, 
 that the said A. B. is about to depart from the said coimty of , 
 
 &c., as above; or; that the said A. B. keeps himself concealed with-- 
 in the said county of , where he last resided, with intent, &c., 
 
 [as above:] and this deponent further says, &c., [here state distinctly 
 the facts and circumstances necessary to satisfy the Justice that there 
 are suffident grounds for the attachment] 
 
 Sworn, &c., [as in § 594.] C. D. 
 
 § 604. Affidavit for Attachment, vmder the Non-Imprisonment Act. 
 County, ss: 
 
 C. D., being duly sworn, says, Ac, [a« in § 603 to the *, and then- 
 add:] and that the said A. B. is about to remove his property from 
 the said county of , with intent to defraud his creditors, 
 
 [or, that the said A. B., has assigned, disposed of, or secreted, his 
 property, with intent to defraud his creditors ; or, that the said A. B. 
 is about to assign, dispose of, or secrete, his property, with intent to 
 defraud his creditors ;] and this deponent fur^ther says, that, &c. • 
 [set forth the facts and circumstances, as directed in § 603.] 
 
 Sworn, Ac, [as in § 594.] C. D. 
 
 § 605. Affidavit for an Attachment against a Non-Resident. 
 
 County, ss: 
 C. D., being duly sworn, says, Ac, [as in § 603 fo the *, and then 
 add;] and that the said A. B. is a resident of the town of , 
 
 in the coimty of , and out of the said county of ; 
 
 and that no warrant can issue against him, on the demand of the said 
 C. D., according to the act to abolish imprisomnent for debt, and to 
 punish fraudulent debtors 
 
 Sworn, (fee, [as in § 594.] C. D. 
 
 § 606. £ond on Attachment.^ 
 Know all men by these presents: That we, C. D., and E, R, are 
 held and firmly bound unto A. B., in the sum of two hundred dol- 
 
 No bond la necessary on an attachment against a non-resident. (23 Wendell, 336.) Bi]t 
 1 non-reaident plaintiff must give security, as in other cases. 
 
JUSTICES', COURTS. 347 
 
 lars, [if vmder the non-imprisonment act, say, one hundred dollars,] 
 to be paid to the said A. B., his heirs, executors, administrators, or 
 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 seals, and dated the 
 day of ,A. D. 18 .* 
 
 Whereas the above bounden C. D. has made application to C. C, 
 Esq., a Justice of the Peace of the town of , in the county 
 
 of , for an attachment in his favor, [or, in favor of L. M.,] 
 
 against the property of the said A. B., in pursuance of the provisions 
 of the Revised Statutes, [or, of the act to abolish imprisonment for 
 debt, and to punish fraudulent debtors:] Now, therefore, the condi- 
 tion of this obligation is such, that if the said C. D. [or, L. M.] shall 
 pay the said A. B. ail damages and costs which he may sustain by 
 reason of the issuing of said attachment, if the said C. D. [or L. M.] 
 shall fail to recover judgment thereon; and if such judgment be re- 
 covered, and the said C. D. [or, L. M.] shall pay the said A. B. all 
 moneys which shall be received by him from any property levied 
 upon by virtue of such attachment, over and above the amount of such 
 judgment, and interest and costs thereon, then this ob%ation to be 
 void; else of force. 
 
 Sealed and delivered ) C. D. [l. s.] 
 
 in the presence of ) E. F. [l. 8.1 
 
 G. H. 
 
 § 607. Attachmmt. 
 
 County,) 
 ■Town of ,p^- 
 
 To any Constable of the said County, greeting : 
 
 Whereas, C. D. has applied for an attachment against the property 
 of A. B., against whom he has a claim for a debt of dollars, 
 
 and produced satisfactory proof that the said A. B. is about to depart 
 from the said county of , where he last resided, [or, as 
 
 the case may 6«,] with intent to defraud his creditors: Therefore, the 
 People of the State of New York command you, to attach so much 
 of the goods and chattels of the said A. B., as wiU be sufficient to 
 satisfy the said claim, and safely to keep the same, to satisfy any 
 judgnlent that may be recovered on this attachment; and that you 
 make return of your "proceedings thereon to me, on the day 
 
 of , at o'clock in the noon, at my office 
 
 Ji the said town. Dated the day of ,18 . 
 
 G. H., justice, &0. 
 
348 HEW CLERK'S ASSISTANT 
 
 § 608. Bond on Adjournment, in Action arising on Contract. 
 
 Ejiow all men by- these presents, that we, A. B. and E. F., &c, 
 [a« m§ 606 to the *, inserting such 'penalty as the Justice may di- 
 rect, and then add{\ 
 
 Whereas, a suit has been commenced before G. H., Esq., Justice 
 of the Peace, by C. D., plaintiff, against A. B., defendant, the trial of 
 which is adjourned until the day of , 18 , on 
 
 the application of said defendant: Now, therefore, the condition of 
 this obligation is such, that if the above bounden A. B., and E. R, 
 or either of them, shall pay such judgment as may be rendered 
 against the defendant in said cause, with interest,* if any part of his 
 property, liable to execution, be removed, secreted, assigned, or in 
 any way disposed of, except for the necessary support of himself and 
 family, until the plaintiff's demand shall be satisfied, or until the ex- 
 piration of ten days after he shall be entitled to have an execution 
 issued on such judgmenl^ then this obligation to be void; otherwise 
 of force. 
 
 Sealed, <fec., \as in § 606.] 
 
 § 609. Bond on Adjowwme'id, in Action for a Wrong. 
 
 Know all men by these presents, that we, A. B., and E. F., <fec., 
 [as in § 606 to the *, inserting such penalty as the Justice may di- 
 rect, and then addf\ 
 
 Whereas, &c., \as in § 608 to the *, and then add:"] if the said 
 defendant shall not render himself upon the execution which may be 
 issued on such judgment, before the return thereof, then this obliga- 
 tion to be void ; otherwise of force. 
 
 Sealed, &c., [as in § 606.] 
 
 § 610. Affidavit of Justification of Bail. 
 
 CD.) 
 
 against > Before G. H., Esq., one of the Justices of the Peace 
 
 A. B. ) of the county of : 
 
 County, ss: 
 
 E. F., being duly sworn, says that he is a housekeeper, [or, free- 
 holder,] now actually residing in the town of , in said county; 
 and that he is worth two himdred dollars over and above what will 
 pay all his debts. • E. F. 
 
 Sworn, (fee, [iw in § 594.] 
 
JUSTICES' COURTS. 349 
 
 § 611. Complaint in an Action arising on Contract 
 
 In Justice's Court, 
 
 ■^- P-' )Before.C. C, Esq. 
 against )■ ri i • j. 
 ^ -p. I (Jomplamt. 
 
 A. B., plaintiff, complains that C. D., defendant, owes and is 
 indebted to him in the sum of one hundred dollars, for goods, waies 
 and merchandise, sold and delivered to [or, for work and labor per- 
 formed for] the defendant, on the day of > 18 , [or, 
 at various times between the day of > 18 , and the 
 day of , 18 ,] whereupon the plaintiff demands judgment 
 against the defendant for the one hundred dollars, [acM here, with 
 interest from the day of , 18 , ij^ necessary.^ 
 
 A. B., Plaintiff. 
 
 § 612. Complaint for Injuring Personal Property. 
 
 In Justice's Court, 
 
 ^■^\ ) Before C. C, Esq., 
 against >■ ,-, i • j. ^ 
 
 (^ -n. \ Complamt 
 
 A. B., plaintiff, complains that C. D., defendant, carelessly and 
 violently ran against the carriage of the plaintiff, with the team and 
 wagon of the defendant, on the day of , 18 , and 
 
 broke and damaged the said carriage to the amount of twenty-five 
 dollars ; whereupon, the plaintiff demands judgment against the de- 
 fendant for the twenty-five dollars. 
 
 A, B., PlaintifE 
 
 § 613. Complaint for Breach of Warranty. 
 
 In Justice's Court, 
 
 a'cdnst \ ^®^°'® ^- ^•' ^^1- 
 Q -r^ \ Complaint. 
 
 A. B., plaintiff, complains that C. D., defendant, sold a horse to 
 the plaintiff, on the day of , 18 , for the sum of 
 
 dollars, and warranted the same to be perfectiy sound, kind, 
 and true, but the said horse is blind of the right eye, is vicious and 
 unruly, and not true in the harness, whereby he is injured to the 
 amount of fifty dollars ; whereupon the plaintiff demands judgment 
 against the defendant for the fifty dollars. 
 
 A. B., PlaiQtiffi 
 
350 NEW CLERK'S ASSISTANT. 
 
 § 614. Complaint for Fraud or JDeceit 
 
 In Justice's Court, 
 
 ^■?- ^Before C. G., Esq. 
 
 against y „ i ■ j. ^ 
 
 is -p ( Complaint 
 
 A. B., plaintiff, complains that C. D., defendant, sold a horse to 
 the plaintiff, on the day of , 18 , for the sum of 
 
 dollars, which said horse, to the knowledge of the defend- 
 ant, was diseased of the heaves at the time of the sale, but the 
 defendant did not inform the plaintiff thereof; whereby J;he said horse 
 is injured to the amount of fifty dollars, and the plaintiff demands 
 judgment against the defendant for the same. 
 
 A. B., Plaintiff. 
 
 § 615. Complaint for Conversion of Personal Property. 
 In .Justice's Court, 
 
 ^- ?■, I Before C. C, Esq. 
 against > „ i • j. 
 ?, -pv I Complaint. 
 
 A. B., plaintiff, complains that on or about the day of , 
 
 18 , he was possessed, as of his own property, of a certain gold 
 watch, of the value of one hundred dollars, which afterwards, and 
 on or about the day of , 18 , came into the hands and 
 
 possession of C. D., the defendant, who sold the Same and converted 
 the proceeds to his own use ; whereupon the plaintiff demands judg- 
 ment against the defendant for the one hundred dollars. 
 
 A. B., Plaintiff 
 
 § 616. Complaint for Injury to Real Property. 
 In Justice's Court, 
 
 ^- ^\ ] Before C. C, Esq. 
 Tr [complaint 
 
 A. B., plaintiff, complains that on or about the day of , 
 
 18 , C. D., the defendant, [or, the horses and cattle of C. D., the 
 defendant] broke and entered the close of the plaintiff, at , 
 
 ui the county of , and trod down and destroyed the grass 
 
 and products of the soil there growing ; whereby the plaintiff has 
 sustained damage to the amount of fifty dollars, and he demands 
 judgment against the defendant for the same. 
 
 A. B., Plaintiff 
 
JUSTICES' COURTS. 351 
 
 § 617. Complaini by an Assignee. 
 In Justice's Court, 
 
 ^oLt Before CO., Esq. 
 
 Q j-j ( Oomplamt 
 
 A. B., plaintiff, complains ttat C. D., defendant, -was indebted to 
 Gr. H., on the day of , 18 , in the sum of one hun- 
 
 dred dollars, for medical services rendered to the said defendant pre- 
 vious to that day, which said indebtedness has been duly assigned 
 to the plaintiff; whereupon the plaintiff demands judgment against 
 the defendant for the one hundred dollars. 
 
 A. B., Plaintiff. 
 
 § 618. Answer of Defendant. 
 In Justice's Court, 
 
 «ti I; Before C.C, Esq. 
 Q Tj I Answer. 
 
 C. D., the defendant, answers to the complaint, that on the 
 day of 18 , he paid the indebtedness mentioned in the com- 
 
 plaint, [or, that the plaintiff did not perform the work and labor for 
 the defendant, mentioned in the complaint; or, that he did not war- 
 rant the horse mentioned in the complaint to be perfectly sound, kind, 
 and true.] C. D., Defendant 
 
 § 619. Answer, with Notice. 
 In Justice's Court, 
 
 ^•.^- ) Before C. C, Esq. 
 
 ^ -p. I Answer. 
 
 C. D., the defendant, answers to the complaint, that he did not 
 take, and does not detain the property, [or, (hd not break and enter 
 the close,] mentioned in the complaint, as is therein stated ; and he 
 gives notice that be will prove on the trial of this action that the 
 property mentioned in the complaint was taken, and is detained by 
 him, with the consent and permission of the plaintiff, [or, that lie 
 broke and entered the close mentioned in the complaint, in order to 
 remove a quantity of wheat levied on by him as a constable of the 
 county of ' • , by virtue of an execution against the plaintiff, is- 
 sued by C. C, Esquire, Justice of the Peace of said county, in favor 
 of G. H., and dated on the day of , 18 .] 
 
 C. D., Defendant 
 
352 NEW CLERK'S ASSISTANT. 
 
 § 620. Oath on Application for an Adjmi/tnrMnt} 
 
 You do swear, that you wiU true ansirers make to sucli questions 
 as shall be put to you, touching the necessity of an adjoumment in 
 this cause. 
 
 § 621. Oath of Surety on Adjournment. 
 
 You do swear that you wiQ true answers make to such questions 
 as shall be put to you, touching your competency as surety for A, 
 B., on his application to adjown this cause. 
 
 § 622. Examination of Witness, on the Application of the Defend/- 
 ant for an Adjournment, in a Cause commenced by War- 
 rant at the Suit of a JVbn-Hesident Plaintiff'. 
 
 In Justice's Court, 
 
 ■ / ■, ( Before G. H., Esq., one of the Justices of the 
 "a"*^ \ Eeace of the County of 
 
 County, ss: 
 L. M., a witness attending, produced and sworn, by and on behalf 
 of the plaintiff in this cause, being duly sworn, on his direct exami- 
 nation by the plaintiff, says : [set forth the testimony.^ 
 Sworn, &c., [as in § 594.] 
 
 L.M. 
 
 Town of , ) , 
 
 § 623. Suhptena. 
 
 County, 
 The People of the State of New York, to E. R, L. M., &c., &c, 
 Greeting: 
 We command you, and ' each of you, that all business and excu- 
 ses being laid aside, you and each of you be and appear, in your 
 proper persons, before the undersigned, one of the Justices of the 
 Peace of the said town, at his office in , in the said county, 
 
 on the day of ! , at o'clock in the noon, then 
 
 and there* to testify those things which you or either of you know, 
 
 For other forme of oaths, see those given in Chapter XI. 
 
JUSTICES' COURTa 353 
 
 In a certainf action now depending before the said Justice, between 
 C. D., plaintiflF, and A. B., defendant, on the part of the defendant 
 [or, plaintiff] [If a witness is required to produce some paper or 
 other evidence, insert here: And you, L. M., are further commanded 
 to bring with you, and then and there produce^in evidence, a certain 
 agreement in writing, (fee, or, as the case may be, describing the pa- 
 per-l Hereof fail not at your peril 
 Witness my hand, this day of .18 
 
 G. H., Justice of the Peace. 
 
 § 624. StApoena for Witness to make Affidavit for Attachment. 
 Town of ,], 
 
 Coimty, ) 
 The people, &c., [as in § 623 to the *, inserting the word " forth- 
 with " after " appear," and then o(fe?,] to make affidavit of all and 
 sing-ular those things which you, or either of you, know, touching an 
 application made to me by C. D., for an attachment against the pro- 
 perty of A. B., and of any facts and circumstances tending to estab- 
 lish the grounds of said application. Hereof, (fee, [as in § 623 to 
 the end'\ 
 
 § 625. Subpcena for Special Sessions. 
 
 Town of ,) ^. 
 
 Coimly, J 
 The People, (fee, [as in § 623, to the f , and then add:'\ matte? 
 then and there to be tried between the people of the State of New- 
 York, and A. B., on the part of the said people, [or, A. B.] Her* 
 o^ (fee, [as in § 623, to the end.'] 
 
 § 626. Affidavit of Service of Subposna. 
 
 County, ss : 
 
 C. D., the plaintiff named in the annexed subp(£na, being duly 
 
 sworn, says, that on the day of ,18 .at the town of 
 
 , in said county, he personally served the said subpoena on 
 
 L. M., a witness therein named, by reading the same [or, stating the 
 
 contents thereof,] to him, at the same time paying [or, tendering] 
 
 to him the sum of twelve and a half cents ; that the said L. M., is a 
 
354 ifEW CLERK'S ASSISTANT. 
 
 material witness for this deponent on the trial of the cause mention 
 ed in said subpoena; and that he, the said L. M., has neglected [or, 
 refuses] to attend the trial of said cause. 
 Sworn, (fee, [as in § 594.] 
 
 CD. 
 
 § 627. Oath to Party, Proving Service of Subpoena. 
 You do swear, that you will true answers make to such questions 
 as shall be put to you, touching the service of the subpoena m this 
 cause. 
 
 § 628. Attachment for Witness. 
 County, ss: 
 The People of the State of New York, to any Constable of said 
 County, greeting: 
 
 We command you to attach L. M., and bring him before the un- 
 dersigmed, a Justice of the Peace of said county, at his office in the 
 town of , forthwith, [or, as the case may Se,] to testify those 
 
 things which he may know, in a certain cause now depending before 
 the said Justice, between C. D., plaintiff, and A. B., defendant, on 
 the part of the plaintiff, [or, defendant ;] and also to answer aU such 
 matters as shaU be objected against him, for that he, having been 
 duly subpoenaed to attend the trial of said cause, has refused [or, 
 neglected] to attend in conformity to such subpoena; and have you 
 then there this precept 
 
 Witness, &o., [as in § 623.] 
 
 § 629. Notice of Application for a Commission. 
 CD. ) 
 
 against V Before G. H., Esq., one of the Justices of the Peace of 
 A. B. ) the County of : 
 
 Sir : Take notice that an application for a commission to be directed 
 to S. T., of the of , to examine K P., of the same 
 
 place, a witness in the above entitled cause, upon interrogatories to be 
 annexed to such commission, wiU be made to G. H., Esq., at his office 
 in the town of , on the day of i 18 , at 
 
 o'clock in the noon. 
 
 Dated , the day of , 18 . 
 
 C. D.,Plaintiffi 
 To A. B., Defendant 
 
JUSTICES' COURTS. 
 
 355 
 
 § 630. Oath of Service of Notice. 
 
 You do swear, that you -will true answers maike to such questions 
 as shall be put to you, touclung the service of notice of an application 
 for a commission in this cause. 
 
 § 631. Oath on applying for Cormrmsion. 
 
 Tou do swear, that you will true answers make to snch questions 
 as shall be put to you, touching the necessity of issuing a commission 
 m this cause. 
 
 § 632. Commission} 
 Coimty, ss : 
 To S. T., of the of : Whereas it appears to me, the 
 
 undersigned, a Justice of the Peace of the town of , in said 
 
 county, that R P., of the of , aforesaid, is a material 
 
 witness in a certain action now depending before me, between C. D., 
 plaintiff, and A. B., defendant: Now, therefore, confiding in your 
 prudence and fidelity, and in pursuance of the statute, I have ap- 
 pointed, and by these presents do appoint you. Commissioner to ex- 
 amine the said witness ; and for that purpose, do authorize you, at 
 certain days and places, to be by you appointed, diligentiy to exa- 
 mine the said witness, on the interrogatories hereto annexed, on oath 
 to be taken before you ; and to cause such examination to be reduced 
 to writing, and signed by such witness and yourself, and return the 
 same, annexed hereto, to me, enclosed under your seal. Given imder 
 my hand, at the town aforesaid, the day of , 18 . 
 
 G. H., Justice of the Peace. 
 
 I 633. Commissioner's Summons to Witness. 
 
 County, ss: 
 
 Whereas, the undersigned has received a commission, issued by G. 
 
 H., Esq., a Justice of the Peace of the county of , directed for 
 
 the examination of K P., a witness in a cause depending before the 
 
 said Justice, between C. D., Plaintiff, and A. B., defendant: You, the 
 
 > where a commJGsion is isEued to a person 
 not familiar with our laws, it would be well to 
 annex to the commisBion a copy of § 16, of Art. 
 2 of title 3, of Chap. 7, of part 3 of the Re- 
 
 vised Statutes^ in the same inat;::ier as in th« 
 case of commissica? issued out of courts of 
 record. 
 
356 HEW CLEEK'S ASSISTAITT. 
 
 said R P., are therefore required to be and appear before me, the 
 said Commissioner, at my dwelling house, in the town of , 
 
 on, (fee, then and there to be examined, and to testify the truth, ac- 
 cording to the best of your knowledge, for and on behalf of the said 
 plaintin, [or, defendant,] and herein you are not to fail 
 Dated the day of , 18 . 
 
 S.T. 
 
 § 634. Oath to Witness Examined on a Commission. 
 
 You do swear, that the answers to be given by you to the interro- 
 gatories proposed to you by the Commissioner here present, to exe- 
 cute a commission directed to liim, issued by G. H., Esq., a Justice 
 of the Peace of the county of , in a certain action there 
 
 depending before him, between C. D., plaintiflf, and A. B., defendant, 
 shall be &e truth, the whole truth, and nothiag but the truth. 
 
 § 635. Deposition of Witness before Commissioner. 
 
 Deposition of R P., a witness produced, sworn and examined, on 
 oath, on the day of , 18 , at &c., by virtue of a com- 
 
 mission issued to S. T., by G. H., Esq., a Justice of the Peace of the 
 county of , in a certaiQ cause depending before the said Jus- 
 
 tice, between C. D., plaintiff, and A. B., defendant 
 
 The said R P. deposes as follows : To the first mteiTOgatory, he 
 saith, [give answer of witness^ 
 
 To the second interrogatory, he saith, &o. R P. 
 
 Subscribed and sworn before me, ) 
 
 this day of , 18 . j 
 
 S. T., Commissioner. 
 
 § 636. Endorsement of an ExMhit produced before the Commis- 
 sioner. 
 On the day of , 18 , at the execution of a commis- 
 
 sion issued by G. H., Esq., a Justice of the Peace of the coimty of 
 , for the examination of R P., a witness in a certain action 
 depending before the said Justice, between C. D., plaintiff, and A. B., 
 defendant, the within paper writing marked "A," was produced and 
 shown to the said R P., a witness sworn and examined, and by hun 
 deposed unto at the time of his examination as a witness under such 
 commission. S. T., Commissioner. 
 
JUSTICES' COURTS. 357 
 
 § 637. Venire. 
 Town of , ) 
 
 County, f^^- 
 To any Constable of the said County, greeting: 
 
 The People of the State of New York command you to summon 
 twelve good and lawful men, in the town of , qualified to 
 
 serre as jurors, and not exempt from serving on juries, in courts of 
 record, and who are in no wise of kin to either party, or interested 
 vn. the suit hereinafter mentioned, to appear before me, one of the 
 Justices of the Peace of said town, at my office in said town, on the 
 day of , 18 , at o'clock in the noon, to 
 
 make a jury for the trial of an action arising on contract, [or, as the 
 cause of action may ie,] between C. D., plaintiff, and A. B., defen- 
 dant : And you are also required to make a list of the persons sum- 
 moned, which you will certify and annex to this venire, and make 
 return thereof to me. 
 
 Witness, &c., \as in § 623.] 
 
 § 638. Oath on Objection to Constable's Serving the Venire. 
 You do swear, that you will true answers make to such questions 
 as shall be put to you, touching the reasons why H. C. should not 
 execute the venire in this cause. 
 
 § 639. Jwor's Oath> 
 You do swear, well and truly to try the matter in difference De- 
 tween C. D., plaintiff, and A. B., defendant, and, unless discharged 
 by the Justice, a true verdict give, according to the evidence. 
 
 § 640. Oath of Witness. 
 You do swear, that the evidence you shall give, relating to this 
 matter in difference between 0. D., plaintiff, and A. B., defendant, 
 shall be the truth, the whole truth, and nothing but the truth. 
 
 Ifor other forms of oaths, eeethoss pnrioualy giren, In Chapter XI. 
 
358 HEW CLERK'S ASSISTANT. 
 
 § 641. Constable's Oath on Retiring with Jwry. 
 You do swear, in the presence of Alnughty God, that you mil, to 
 the utmost of your ability, keep the persons sworn as jurors on this 
 trial, together, in some private and convenient place, without any 
 meat or drink, except such as shall be ordered by me ; that you will 
 not sufiFer any communication, orally or otherwise, to be made to 
 them; that you wiU not communicate with them yourself, orally or 
 otherwise, unless by my order, or to ask them whether they have 
 agreed on their verdict, until they shall be discharged : and that you 
 wiU not; before they render their verdict, communicate to any per- 
 son the state of their deliberations, or the verdict they have agreed on. 
 
 § 642. Confession of Judgmemt. 
 In Justice's Court, 
 CD. ^ 
 against \ Confession for $ 
 A. B. ) 
 In the presence of G. H., Justice of the Peace, I do hereby confess 
 judgment, on a demand arising on contract, \or as the natwre of the 
 demand may 6e] to the plaintifi' in the above entitled action, for 
 dollars, and consent that the said Justice enter the same against me 
 accordingly. 
 Dated tJie day of , 18 . A. B. 
 
 § 643. Affidavit where the Confession is for a Swm exceeding Fifty 
 
 Dollars. 
 County, ss: 
 We, C. D. and A. B., the parties named in the foregoing \or, an- 
 nexed] confession of judgment, being duly sworn, severally say, that 
 the said A. B. is justiy indebted to the said C. D., in the sum of 
 dollars, over and above all just demands which the said A 
 B. has against the said C. D. ; and that the above [or, annexed]con- 
 fession is not made, or taken, with a view to defraud any creditor. 
 Subscribed and sworn, before me, ) C. D. 
 
 this day of , 18 . J A. B. 
 
 G. H., Justice, (fee. 
 
JUSTICES' COUETS. 359 
 
 § 644 Transcript of Judgment- 
 In Justice's Court, 
 CD. 
 against 
 A. B. 
 
 Judgment rendered for the plaintiff, against the defendant. May 6, 
 
 1846, for $28 02 
 
 Costs, 1 90 
 
 $29 92 
 Fee for transcript, to be added, 23 
 
 County, ss: 
 I certify that the above is a true copy of a judgment rendered by 
 and before me, and now remaining unsatisfied upon my docket; that 
 the said judgment was rendered in the absence of the defendant, 
 upon contract; [or, as the case may be-] and that E. F. and O. P 
 were the witnesses sworn on the part of the plaintiff therein. 
 Dated the day of , 18 
 
 G. H., Justice, &c 
 
 § 645. Execution, 
 Town of , ] gg. 
 
 County, ) 
 To any Constable of said town, greeting : 
 
 Whereas, judgment has been rendered before me, one of the Jus- 
 tice of the Peace of the said county, against A. B., defendant, in 
 favor of C. D., plaintiff, for dollars and cents : Therefore, 
 
 the People of the State of New York command you, to levy the 
 amount of the said judgment, with interest from the day of , 
 18 , on which day judgment was rendered, until received, of the 
 goods and chattels of the said defendant, (except such goods and 
 chattels as are by law exempted from execution,) and bring the 
 money before me sixty days from the date hereof, to render to the 
 said plamtiff: and have you then there this precept [If the defen- 
 dant may he arrested on the execuiion, add here: And if no goods or 
 chattels can be found, or not sufficient to satisfy tiis execution, you 
 are further commanded to take the body of the said A. B., and con- 
 vey him to the common jail of the said county, there to remain imtiJ 
 this execution shall be satisfied and paid.] 
 
 Witness my hand, the day of , 18 . 
 
 G. H., Justice of the Peace. 
 
 Damages, 
 Costs, 
 Tudgment, 
 Poundajrs, 
 
 Amount, 
 
360 NE-w CLERK'S ASSISTANT.': 
 
 § 646. Eenewal of Execution. 
 The Trilihra execution is hereby renewed, [If necessary, add: for 
 ihe sum of dollars, with mterest from this date.] 
 
 Dated the day of ,18 
 
 G. H., Justice. 
 
 § 647. Complaint to obtain Surety of the Peace. 
 
 County, ss: 
 
 A. B., of smd coimty, being duly sworn, says, that on the 
 day of , 18 , one C. D., of the town of , in said 
 
 county, did threaten to beat and wound \or, kill, or as the case may 
 Je,] him, the said A. B. ; and that he hath just cause to fear that the 
 said C. D. will beat and wound [or, kill, as the case may lei him, the 
 said A. B. ;* wherefore this deponent prays that the said oiFender 
 may be bound by recognizance, to answer the said oflFence at the next 
 Court of Sessions to be held in the said county, and in the mean- 
 while to keep the peace. A. B. 
 
 Sworn, &c., [as in § 594.] 
 
 Town of , ) 
 
 § 648. Peace Warrant. 
 
 County, 
 To any Constable of the said County, greeting: 
 
 Whereas, A. B. hath this day made complaint, upon oath, before 
 me, G. H., one of the Justices of the Peace of the said town, that on 
 the day of , 18 , one C. D., of, &c., [as in § 647 
 
 to the *, and then add:'\ and the said A. B. hath thereupon prayed 
 surety of the Peace : Therefore, the people of the State of New York 
 command you forthwith to apprehend the said C. D., and bring him 
 before me, at my office in said town of , to be dealt with 
 
 according to law. 
 
 Witness my hand, this day of , 18 . 
 
 G. H., Justice of the Peace. 
 
 § 649. Commitment on Foregoing Complaint.^ 
 
 County, ss: 
 To any Constable of the said Coimty, greeting : 
 
 Whereas, A. B. this day made complaint to me in writing, on oath; 
 that C. D., on the day of instant, [or, last pasl^j 
 
 ' For form of recognizance, see S 70S. 
 
JUSTICES' COURTS. 361 
 
 tlireatened to, &c., [as in the complaint;'] And whereas, it appealing 
 to me, upon the examination of the said complainant, and E. F., and 
 O. P., witnesses, duly made • on oath, reduced to writing, and sub- 
 scribed by them, that there was just reason to fear the commission of 
 the said oflfence by the said C. D. ; and he being brought before me 
 on my warrant, was required to enter into recognizance in the sum of 
 dollars, with sufficient surety, to appear at the next Court 
 of Sessions to be held in the said county, and not to depart the same 
 without leave, and in the meantime to keep the Peace towards the 
 people of this State, and particularly towards the said complainant 
 And the said C. D. having refused [or, neglected,] to find such secu- 
 rity, you are therefore commanded, in the name of the People of 
 the State of New York, forthwith to convey him to the common jail 
 of the said county, and to deliver him to the keeper thereof, who is 
 hereby required to receive the said C. D. mto his custody, and him 
 safely keep in the said jail, until he shall find such security, or be 
 discharged by due course of law. 
 Witness, <fcc., [as in § 648.] 
 
 § 650. Warrant to discharge Prisoner on Finding Security. 
 
 County, ss: 
 G. H. and S. T., Esqrs., two of the Justices of the Peace of the said 
 County, to the Keeper of the Common JaU of the said Coimty, 
 greeting : 
 These are to command you forthwith to discharge out of your cus- 
 tody C. D., if detained by you in said common jail, for no other cause 
 than what is specified in his warrant of commitment, made by the 
 said G. H.. dated the day of , 18 , for not finding 
 
 sureties of the Peace ; he having, since his said commitment, found 
 such sureties before us. 
 
 Given imder our our hands and seals, this day of ,18 
 
 G. H., Justice, [l. 8.1 
 S. T., Justice, [l. B.J 
 
 § 651. Complaint for Assault and Battery. 
 
 Coimty, ss: 
 
 A. B., of said county, being duly sworn, says, that on the 
 day of , 18 , one C. D. did violently assault and beat 
 
 him, the said A B., at the town of , in said county ; where- 
 
 fore this deponent prays that the said ofifender may be dealt with ac- 
 cording to law. A B. 
 
 Sworn, &c., [aa m § 594.] 
 
362 NEW CLERK'S ASSISTANT. 
 
 § 652. Assault and Battery Warrant 
 
 Town of ,) g. 
 
 County, j 
 To any Constable of the said County, greeting: 
 
 Whereas A. B.. hath this day made complaint, upon oath, before 
 me, G. H., one of the Justices of the Peace of the said town, that on 
 the day of , 18 , at the town of , in said 
 
 county, one C. D. did yiolently assault and beat him, the said A. B. : 
 Therefore, the People of the State of New York command you forth- 
 with to apprehend the said C. D., and bring him before me, at my 
 office in the said town of , [or, ^ the offence he committed 
 
 in another town, say: take him before S. T., Esq., or any other magi- 
 strate resident and being ia the town of , aforesaid,] to be 
 dealt with according to law. 
 
 Witness, (fee, \as in § 648.] 
 
 § 663. General Form of Warrant. 
 
 County, ss: 
 To any Constable of the said county, greeting : 
 
 Whereas, A. B. has made complaint, upon oath, before me, G. H., 
 one of the Justices of the Peace of the said county, on this day 
 
 of , 18 , that, <Sc., \state the offence, as in the complaint fl 
 
 Therefore, the People of the State of New York command you forth- 
 with to apprehend the said C. D., and bring him before me, at my 
 office, in the town of , in said county, [or, change the form 
 
 as in § 652, if the offence was committed in another town, and is 
 triable before a Court of Special Sessions,'\ to be dealt with accord- 
 ing to law. 
 
 Witness, &c., [as in § 648.] 
 
 § 654. Complaint for Grand or Petit Larceny. 
 
 County, ss: 
 A. B., of said county, being duly sworn, says, that certain personal 
 property of the said A. B., [or, as the case may be,"] to wit: [de- 
 scribe property i\ of the value of dollars, or upwards, was 
 stolen and feloniously taken from his dwelling house in the town of 
 
 , in said county, on the day of ,18 ; 
 
 and that this deponent suspects that C. D. has stolen and taken the 
 same, as aforesaid;* wherefore he pays process to apprehend the said 
 offender. A B. 
 
 Sworn, &c., [as in § 694.] 
 
JUSTICES' COURTS. 
 
 363 
 
 § 655. Wtrrant for Larceny. 
 County, ss; 
 To any Constable of the said County, greeting : 
 
 Whereas, A. D. has made complaint, upon oath, before me, G. H., 
 one of the Justices of the Peace of the said county, that on the 
 day of , 18 , certain personal property of the said 
 
 A- B., to wit : \descrihe property as in the complaint^ of the value 
 of dollars, or upwards, was stolen and feloniouiy taken from 
 
 his dwelling house in the town of , in said county ; and that 
 
 he suspects that C. D. did steal and take the same as aforesaid :* 
 Therefore, &o., [as m § 652, to the em?.] 
 
 § 656. Complaiiii for Murder? 
 County, ss: 
 
 K. B., of said county, being duly sworn, says,* that on the 
 A«y of instant, [or, last past,] at the town of , in said 
 
 county, one M. P. was feloniously, wilfully, and of malice afore- 
 thought, killed and murdered : and that this deponent has jiist cause 
 to suspect, and does suspect, that the said murder was committed by 
 R D., [or, by a man [describe his person,'] but whose name is un- 
 known to the deponent] 
 
 Sworn, &c., [as in § 594.] 
 
 § 657. Complaint for Murder by Poisoni%q. 
 County, ss: 
 
 A . B., of said coimty, being duly sworn, says,* that on the 
 day of instant, [or, last past,] at the town of , m 
 
 said county, one M. P. died ; and that this deponent has just cause 
 to suspect, and does suspect, that on the day of , afore- 
 
 said, one K D. did feloniously, wUfully, and of malice aforethought, 
 administer to the said M. P. a certain deadly poison, called arsenic, 
 by reason whereof the said M. P. languished a short time and then 
 died. 
 
 Sworn, (fee, [as in § 594.] 
 
 1 The forms of warrants lo accomptny the 
 complaints for murder, and the subsequent 
 forms to % 705: are not given, for the reason 
 that no difficulty can oe experienced in pre* 
 paring them from §§ 648, 652, 653, and 655. 
 fe v only necessary to insert in the general 
 
 form (§ 653)lfae precise langauge of the com- 
 plaint, commencing at the word *' that," after 
 the * m each form, and concluding with tho 
 command to arrest, as in <S48. Where tho 
 word *' deponent " occurs, the name of the 
 individual should be Inserted in full. 
 
364 HE-W" CLERK'S ASSISTANT. 
 
 § 658. Complaint for Murder ly Stabbmff. 
 County, ss: 
 
 A. B., of said county, being duly sworn, says,* that on the 
 day of instant, [or, last past,] at the town of , m said 
 
 county, one R D. did, in the presence of this deponent and other 
 witnesses, feloniously, wilfully, and of malice aforethought, stab one 
 M. P., with a butcher's knife, and give him several mortal woimds, of 
 which the said M. P., died immediately, [or, languished a short tune 
 and then died.] 
 
 Sworn, &c., [as in § 594.] 
 
 § 659. Complaint for Murder hy Shooting. 
 County, ss: 
 A. B., of said coimty, being didy sworn, says,* that on the 
 day of instant, [or, last past,] at the town of , in 
 
 said county, one R D. did feloniously, wilfully, and of malice afore- 
 thought, fire and discharge a gun, [or, pistol,] loaded with powder 
 and ball, at one M. P., and give him one [or, several] mortal wound, 
 \or, wounds,] of which the said M. P.,'(&c., [as in § 658, to the end.] 
 
 § 660. Complodnt for Murder by Cutting Throat. 
 County, ss: 
 A. B., of said county, being duly sworn, says,* that on the 
 day of instant, [or, last past,] at the town of , in 
 
 said county, one R D., feloniously, wilfully, and of malice afore- 
 thought, with a bowie knife, made an assault upon, and did strike and 
 cut the throat of M. P. therewith, and did give him one mortal wound 
 thereon, of which the said M. P., &c., [as in § 658, to the end.} 
 
 § 661. Complaint against Accessory After the Fact. 
 County, ss: 
 A. B., of said county, &c., [as in either of the preceding com- 
 plaints for murder, to the end, and then add:} And that afterwards, 
 to wit, on the day of instant [or, last past,] at the 
 
 town of , m said county, one R S., well knowing the said 
 
 R D. to have done and committed the said felony and murder, did 
 feloniously and wilfully conceal [or, aid, comfort and assist] the said 
 
JUSTICES' COURTS. 365 
 
 R D., with the intent and in order that the said B. D. might avoid, 
 or escape from, arrest, [or, trial; or, conviction and punishment,] 
 for the said felony and murder. 
 Sworn, &c., [as in § 594.] 
 
 § 662. Complaint for Arson, in the First Degree. 
 Coimty, ss: 
 A. B., of said county, bemg duly sworn, says,* that on the 
 day of instant, [or, last past,] in the night time, at the town 
 
 of , in said county, one R. D. did unlawfully, wilfully, ma- 
 
 liciously and feloniously, set fire to and bum the dwelling hoxise of 
 one M. P., situate in said town; there being at the same time some 
 human being, to wit, [mention wAo,] in the said dwelling house. 
 Sworn, &C., [as in § 694] 
 
 § 663. Complaint for Arson, in the Second Degree, 
 County, ss: 
 
 A. B., of said county, being duly sworn, says,* that on the 
 day of -instant, &c., [as in § 662, to the end, substituting "in 
 
 the day time "/or "in the night time; " or, say, at the toTira of , 
 in said county, in the night time, one K D. did imlawfuUy, wilfully, 
 maliciously and feloniously, set fire to and bum the warehouse of 
 one M. P., situate in said town ; which said warehouse was adjoining 
 to, [or, within the curtilage of,] the inhabited dwelling house of the 
 said M. P., whereby the said dwelliog house was endangered.] 
 
 Sworn, (fee, [as in § 594.] 
 
 § 664. Complaint for Arson, in the Third Degree, 
 County, ss : 
 
 A. B., of said county, being duly sworn, says,* that on the 
 day of instant, at the town of , in said county, in 
 
 the day time, one R D. did wUfuIly, maliciously and feloniously, set 
 fire to and bum the warehouse, &c., [as in § 663, to the end; 
 or, in the night time, one R D. did imlawfully, wilfuUy, maliciously 
 and feloniously, set fire to and bum a certain school house, situate iu 
 school district number , in said town.] 
 
 Sworn, (fee, [as in § 594."' 
 
366 NEW CLEEK'S ASSISTANT. 
 
 § 665. Complaint for Setting Fire to a Crop of Oram Qrowmg. 
 County, ss : 
 A. B., of said county, being duly sworn, says,* that on the 
 day of instant, \or, last past,] at the town of , ia 
 
 said county, one E. D. did unlawfully, wilfully, maliciously and felo- 
 niously, set fire to and bum a certain crop of barley then growing 
 In the field of the said A. B., situate ia said town. 
 Sworn, (fee, [as in § 594.] 
 
 § 666. Complaint for Mamlaughter, in Killing Another with an 
 
 Axe. 
 County, ss: 
 A. B., of said county, being duly .sworn, says,* that on the 
 day of instant, [or, last past,] at the town of , in 
 
 said county, one K D. did wilfully and feloniously strike one M. P., 
 with an axe, then in the hands of the said K D„ and thereby gave 
 him, the said M. P., one mortal wound, whereof the said M. P. died 
 immediately, \or, languished a short time and then died.] 
 Sworn, &c., \as in § 594.] 
 
 § 067. Complaint for Manslaughter, in, Killing an Unborn Child, 
 by Kicking its Mother. 
 County, ss: 
 
 A. B., of said county, being duly sworn, says,* that on the 
 day of instant, [or, last past,] at the town of , in 
 
 said County, one R D. did wilfully and feloniously kill an unborn 
 quick chUd, of which one E. P. was then and there pregnant, by 
 kicking the said E. P., with intent to kiU her, the said E. P., or the 
 said unborn quick child. 
 
 Sworn, &c., [as in § 594.] 
 
 § 668. Complaint for Manslaughter, in Killing an Unborn Child, 
 
 by Administering Drugs, etc., to the Mother. 
 
 County, ss: 
 
 A. B., of said county, being duly sworn says,* that on the 
 
 day of instant, [or, last past,] at the town of , in 
 
 said county, one E. D. did wilfuUy and feloniously administer to one 
 
 E. P., who was then and there pregnant with a quick child, a certain 
 
 medicme, drag, or substance, called "savin," [or, use or employ a 
 
JUSTICES' COURTS. 367 
 
 oertain instrvunent, called a "forceps,"] with intent thereby to des- 
 troy such unborn qidck child : whereof the said unborn quick child 
 died immediately, [or, languished a short time, and then died.] 
 Sworn, &c., [as in § 594.] 
 
 § 669. Oomplaint for Bape. 
 Coimty, ss: 
 A. B., of said county, being duly sworn, says,* that on the 
 day of instant, [or, last past,] at the town of , in 
 
 said county, one R. D. did violently and feloniously make an assault 
 upon the body of the said A. B. [or, of one E. P.] and her, the said 
 A. B., [or, E. P.,] against her will did then and there ravish and car- 
 nally know. 
 
 Sworn, &c., [as in, § 594.] 
 
 § 670. Complaint for Sape, on Female wnder Ten Years. 
 County, ss: 
 A. B., of said county, being duly sworn, says,* that on the 
 day of instant, [or, last past,] at the town of , m 
 
 said county, one R. D. did feloniously make an assault on C. P., a 
 female child under the age of ten years, and her, the said C. P., then 
 and there wickedly, unlawfully and feloniously, did carnally know. 
 Sworn, &c., [as in § 594.] 
 
 § 671. Qomplaint for Assault, with Intent to CommU a Hape. 
 County, ss: 
 
 A. B., of said county, being duly sworn, says,* that on the 
 day of instant, [or, last past,] at the town of , in said 
 
 county, one R. D. did feloniously make an assault on one E. P., with 
 intent her, the said E. P., against her wiU, then and there felonioudy 
 to ravish and camaJly know. 
 
 Sworn, &c., [as in § 594.] 
 
 § 672. Complaint for Forcible Abduction of a Woman, with intent 
 to Compel her to Marry, or Prostitute Herself. 
 County, ss: 
 A. B., of said county, being duly sworn, says,* that on the 
 day of instant, [or, last past,] at the town of , b 
 
368 ifEW CLERK'S ASSISTAlfT. 
 
 said county, one R D. did make an assault upon her, the said A. B., 
 [o»-; one E. P.,] and did then and there unlawfully, feloniously, and 
 against her will, take her, the said A. B., [or, take the said E. P.',] 
 with the intent to compel her by force [or, menaces; or, duress] to 
 marry him, the said R. D., [or, one L. M. ; or, with the intent that 
 she should be defiled.] 
 Sworn, (fee, [as in § 594.] 
 
 § 673. Complaint for taking Female under Fourteen Years of Age 
 from Her Parent, or Chiardian. 
 
 County, ss: 
 
 A. B., of said county, being duly sworn, says,* that on the 
 day of instant, [or, last past,] at the town of , in said 
 
 county, one R D. did unlawfully and feloniously take away one M. 
 B., a female infant under the age of fourteen years, from the said 
 A. B., her father, [or, guardian, duly appointed, and having the legal 
 charge of her person,] without his consent, for the purpose of pros- 
 titution, [or, concubinage; or, marriage.] 
 
 Sworn, &o., [as in § 694.] 
 
 § 674. Complaint for Mayhem, or Maiming. 
 County, ss: 
 
 A. B., of said County beiag duly sworn, says,* that on the 
 day of instant, [or, last past,] at the town of , in 
 
 said county, one R D., from premeditated design, and by lying in 
 wait for the purpose, did unlawfully and feloniously assault the said 
 A. B., and did then and there put out one of the said A. B.'8 eyes, 
 [or, one R D. did unlawfully, violently, maliciously and feloniously, 
 assault the said A. B., with intent to kiU for, rob] him, and did then 
 and there slit the nose of the said A B.] 
 
 Sworn, &c., [as in § 594] 
 
 • § 675. Complaint for Chili Stealing. 
 County, ss: 
 A. B;, of said county, being duly sworn, says,* that on the 
 day of instant, [or, last past, at the town of , in said 
 
 county, one R D., did feloniously, maliciously and forcibly, [or, fraudu 
 
JUSTICES' COURTS. 369 
 
 lently, if no force was iwec?,] take, \or, lead,] and carry away; \or, 
 decoy; or, entice away;] one R B., the child of the said A.B., and 
 under the age of twelve yeaj-s, with mtent to detain and conceal the 
 said child from the said A. B. 
 Sworn, (fee, [as in § 594.] 
 
 § 676. Complaint for Abandoninff Child, 
 County, ss 
 A. B., of said county, being duly sworn, says,* that on the 
 day of instant, [or, last past] at the town of , in said 
 
 county, one R D. did feloniously expose and leave a certain child, 
 named E. D., under the age of years, of which child said R 
 
 D. was the father, [or, which child had been confided to the care of 
 Bie said R D.,] with intent wholly to abandon the said child. 
 Sworn, &c., [as in § 594.] 
 
 § 677. Complaint for Shooting at, or Attempting to Shoot at, with 
 Intent to Kill, Hob, or Maim. 
 
 Coimty, ss: 
 
 A. B., of said coimty, being duly sworn, says,* that on the 
 day of instant, [or, last past,] at the town of , in said 
 
 county, one R D. did feloniously shoot at him, the said A. B., with 
 a certain gun, loaded with gunpowder and lead, with intent to Idll 
 him, the said A. B., [or, did feloniously present and level at the said 
 A. B., a pistol, loaded with gunpowder and lead, and attempt, by 
 drawing the trigger thereof, to discharge the same at the said A. B., 
 with intent to Mil [or, rob ; or, maim] him, the said A. B.] 
 
 Sworn, <fec., [as in § 594.] 
 
 § 678. Complaint for Assaidt with Deadly Weapon, with Attempt 
 
 to EiU. 
 
 County, ss: 
 A- B., of said county, being duly sworn, says,* tiiat on the 
 day of instant, [or, last past,] at the town of , in said 
 
 county, one R D. did feloniously, with and by means of a certain 
 deadly weapon, to wit, an axe, iJien in his hands, make an assault ' 
 
370 NEW CLERK'S ASSIST A -N'T. 
 
 upon the said A. B., and him, the said A. B., did then and there, with 
 the said deadly weapon, beat and iC-treat, with intent to Mil him, the 
 said A. B. ; [or, did, with and by means of his hands, feet and fists, 
 and by such force as was likely to produce death, feloniously assault 
 and beat the said A. B., with intent, &c., cm fihove^ 
 Sworn, (fee, [as in § 694.] 
 
 §679. Complaint for Poisoning Food. 
 County, ss: 
 A. B., of said county, being duly sworn, says,* that on the 
 day of instant, [or, last past] at the town of , in said 
 
 county, one R D., with intent to injure and MU one M. B., and (Jivers 
 other persons, did maliciously and 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 M. B., and other persons. 
 Sworn, &c., [as in § 594,] 
 
 § 680. Complaint for Poisoning Well. 
 County, ss: 
 
 A. B., of said county, being duly sworn, says,* that on the 
 day of instant, [or, last past,] at the town of , in said 
 
 county, one R. D., with intent to injure and kill one M. B., and one 
 or more of the members of his family, and divers other persons, did 
 maliciously and feloniously mingle a certain poison, called arsenic, 
 with the waters of the well belonging to the said M. B., and situate 
 near his dwelling house, to which the said M. B., and the members 
 of his family, and divers other persons of the said town, were used 
 to resort for the purpose of obtaining water for drinking and culinary 
 purposes, in order that the said poison, so mingled with the waters 
 aforesaid, might be taken by the said M. B., and one or more of the 
 members of his family, and divers other persons. 
 
 Sworn, &o., [as in § 594.] 
 
 § 681. Complaint for Assault, with Intevi to Bob, or Commit 
 Burglary. 
 County, ss: 
 
 A. B., of said county, bemg duly sworn, says,* that on the 
 day of instant, [or, last past,] at the to^vn of , in said 
 
JUSTICES' COTJRTS. 371 
 
 county, one R D. did felonioMsly make an assault upon the said A. 
 B., with intent to commit robbery upon the said A. B., by feloniously 
 taking the money of the said A. B. from his person, by violence 
 thereto, and against his wiU; [or, with intent to commit burglary in 
 the dwelling house of the said A. B., situate ia the town of .] 
 
 Sworn, ikc, [as in § 594.] 
 
 § 682." Complaint for Burglary. 
 County, ss: 
 
 A. B., of said county, being duly sworn, says,* that on the 
 day of instant, [or, last past,] at the town of , in said 
 
 county, one R D. did feloniously and burglariously break and enter 
 the dwelling house of the said A. B., situate in the said town, by pick- 
 ing the lock of the outer door thereof; [or, by breaking the fasten- 
 ing of one of the window shutters thereof; or, by unlocking the 
 outer door thereof, by means of false keys,] with intent to steal, take 
 and carry away, from said dwelling house, divers goods and chattels 
 therein, belonging to the said A. B. ; the wife and family of the 
 said A. B. behig at the time ia said dwelling house ; [or, with intent 
 to rob the said A. B. of his goods and chattels, in his presence and 
 against his wUl, by force and violence to his person, he, the said R 
 D., being at the time armed with a dangerous weapon, to wit, with 
 a pistol ; and the said A. B., and his family, being in the said dwell- 
 ing house.] 
 
 Sworn, &c., [as in § 594] 
 
 § 683. Complaint for Felony and Bv/rglary in Shop. 
 
 County, ss : 
 
 A. B. of said county, being duly sworn, says,* that on the 
 day of instant, [or, last past,] at the town of , in 
 
 said county, one R D. did feloniously and burglariously break and 
 enter the shop of the said A. B. by [describe the manner,'\ being 
 within the curtilage of the dwelling house of the said A. B., there 
 situate, but not forming part thereof (fee, [as in § 682 to the end, 
 omitting the allegation in regard to the family being present."] 
 
 Sworn, &c., [as in § 694.] 
 
 § 684. Complaint for Bv/rglary in entering Store. 
 County, ss : 
 A. B., of said county, being duly sworn, says,* that on the 
 day of instant, [or, last past,] at the town of ', ia 
 
372 HEW CLEEK'S ASSISTANT. 
 
 said County, one E. D. did feloniously and burglariously break and 
 ent» r the store of the said A. B., there situate, by [describe the man- 
 ner,'] in which goods and merchandise were then kept for sale, with 
 intent feloniously to steal, take and carry away, the goods and chattels 
 of the said A. B. therein, to wit> the goods and merchandise afore- 
 said, or some part or portion thereof 
 Sworn, &c., [as in § 594.] 
 
 § 685. Complaint for Constructive Burglary. 
 County, ss: 
 
 A. B., of said county, being duly sworn, says,* that on the 
 ilay of instant, [or, last past,] at the town of , in 
 
 «aid county, one R. D. did feloniously and burglariously break and 
 enter the dwelling house of the said A. B., situate in said town, by 
 knocking at the outer door thereof, and demanding to speak with 
 the said A. B., and, upon the said A. B. opening the door for that 
 purpose, rushing and entering into the said dwelling house, with in- 
 tent to rob the said A. B. of his goods and chattels, in his presence 
 and against his wiU, by force and violence to his person ; the said A 
 B. and his family being at the time in said dwelling house. 
 
 Sworn, &c., [as in § 694.] 
 
 § 686. Complaint for Forgery. 
 County, ss: 
 
 A. B., of said county, being duly sworn, says,* that on the 
 day of instant, [or, last past,] at the town of , in 
 
 said county, one K D. did falsely and feloniously forge and counter- 
 feit [or, alter,] a certain paper writing, being, or purporting to be, a 
 will [or, deed/l by which a right or interest in real or personal pro- 
 perty was, or purported to be, transferred, with intent to defraud the 
 said A. B., [or, a certain paper writing, purporting to be a certificate 
 of the acknowledgment of the execution of a certain deed or convey- 
 ance from the said A. B. to S. T., of certain lands situate in said 
 county, before one G. H., a Justice of the Peace ; which said deed 
 or conveyance was of a nature, or proper, to be recorded according to 
 law, with intent to defraud the said A. B. ; or, did falsely and felo- 
 niously make, forge and coxmterfeit, a certain promissory note, pur- 
 porting to be the promissory note of the said A. B., for die payment 
 of dollars to C. D., thirty days after date, with intent to de 
 
 fraud the said A. B.] 
 
 Sworn, &c., [a^ in § 594.] 
 
JUSTICES' COURTS. '373 
 
 § 687. Complamt for Passing, or Offering to Pass, Covmterfeit 
 Bank Notes. 
 County, ss: 
 
 A. B., of said County, being dxdy sworn, says,* that on the 
 day of instant, \or, last past,] at the town of , in 
 
 . said county, one K D. did feloniously sell and exchange, \or, oflfer 
 to sell and exchange,] to and with the said A. B., for a valuable con- 
 sideration, to wit, the sum of ten dollars in silver coin, \or, goods 
 and merchandise of the value of ten dollars,] two forged and coun- 
 terfeit negotiable notes, commonly called bank notes, purporting to 
 be the promissory notes of, and to have been issued by, the / 
 
 Bank, for the payment of the sum of five dollars each ; he, the said 
 R. D., well knowing the said bank notes to be forged and counter- 
 feited, and with the intent to deceive and defraud the said A B. 
 
 Sworn, &c., [as in § 594.] 
 
 § 688. Complamt for Altering or Comderfeiting Bank Notes. 
 County, ss : 
 
 A. B., of said county, being duly sworn says,* that on the 
 day of instant, \or, last past,] at the town of , in 
 
 said county, one R. D. did feloniously counterfeit, [or, counterfeit 
 and alter,] a certain bank or promissory note, purporting to be the 
 promissory note of, and to be issued by the Baiik, for the 
 
 payment of the sum of ten dollars, \if the charge is for altering a 
 note, insert here: in such a manner as to make the same resenjble 
 and purport to be a bank or promissory note for the payment of the 
 sum of one hundred dollars,] with intent to defraud the said bank, pr 
 some person or persons, or body politic or corporate, to this deponent 
 unknown. 
 
 Sworn, &o., [as in § 594.] 
 
 § 689. Complaint for Obtaining Property by a False Token, or 
 by Falsely Personating Another. 
 
 County, ss: 
 A. B., of said county, being duly sworn, says,* that on the 
 day of instant, [or, last past,] at the town of , in 
 
 said county, one R D. did designedly, falsely, and feloniously, by 
 color of a certain false token or writing, [or, coimterfeit letter,] ob- 
 tain from the said A. B., certain goods and chattels, of jfbe value of 
 dollars, to wit: [describe the property ;"] [or, did falsely 
 
374 NEW CLEKK'S ASSISTANT. 
 
 and feloniously personate and represent himself to be one C. D., and 
 did then and there, and in such assumed name and character, obtain 
 a certain horse of the value of dollars, intended to be deliv- 
 
 ered to the said C. D.] 
 Sworn, &o., las in § 594.] 
 
 § 690. Complaint for OUaining Money, or Property, by Fahe 
 ' Pretences. 
 
 County, ss: 
 
 A. B., of said county, being duly sworn, says,* that on the 
 day of instant, \or, last past,] at the town of , in 
 
 said county, one R. D. did designedly and feloniously, and by the 
 false pretence that he, the said E. D., was sent and authorized by 
 one C. D., \or, that he owned a farm, containing one hundred acres, 
 or thereabouts, situate in the town of , in said county, free 
 
 of aU incumbrances; or, that he was worth dollars, after the 
 
 payment of all his debts and liabilities; or, that he owned and was 
 possessed of personal property to the value of dollars, and 
 
 was not a householder, or man of family, whereby the same -would 
 be exempt from execution against him ; or, that he was entirely free 
 and clear from all debts and liabilities, of every name and descrip- 
 tion,] demand and receive [or, obtain on credit,] from the said A. 
 B., a large sum of money, to wit, the sum of dollars, [cr, 
 
 goods and merchandise of the value of dollars,] with the 
 
 intent to cheat and defraud the said A. B. 
 
 Sworn, &c., \as in § 594.] 
 
 § 691. Complaint for Bohhery. 
 County, ss: 
 A. B., of said county, being duly sworn, says,* that on tne 
 day of instant, \or, last past,] at the town of , in 
 
 said county, one R. D. did violently and feloniously mate an assault 
 upon him, the said A. B. ; and, by putting him, the said A. B., in 
 bodUy fear and danger of his life, did then and there steal, take and 
 carry away, &c., [describe property taken^ 
 Sworn, &c., [as in § 594.] 
 
 § 692. Complaint for Emheszlement 
 County, ss: 
 A. B., of said county, being duly sworn, says,* that on the 
 day of * instant, [or, last pas^] at the town of , in said 
 
JUSTICES' COURTS. 375 
 
 county, one R D., being a servant [or, clerk] of the said A B., and 
 not bemg an apprentice, nor within the age of eighteen years, 
 did feloniously embezzle, and convert to ^his own use, without the 
 consent of the said A. B., [describe property,^ belonging to the 
 said A. B. 
 
 Sworn, &c., [as in § 694.] 
 
 § 693. Complaint for deceiving Stolen Goods. 
 
 County, ss: 
 
 A. B., of said county, being duly sworn, says,* that on the 
 day of instant, [or, last past,] at the town of , in 
 
 said county, one R D. did feloniously receive or buy, of one 0. P., 
 certain goods and chattels, to wit : [describe the property^ he the 
 said R D., well knowing the said goods and chattels to hare been 
 feloniously stolen and taken from him, the said A. B. 
 
 Sworn, &c., [as in § 594.] 
 
 § 694. Complaint for Perjury. 
 
 County, ss: 
 A. B., of said county, being duly sworn, says,* that in a certain 
 action at law, tried on the day of instant, [or, last past,] 
 
 at the town of , in said county, before H. R F., Esq., one of 
 
 the Justices of the Peace of the said county, in which the said A. 
 B. was plaintiff and one C. D. defendant, tie said Justice having 
 jurisdiction over the said action, and full power and authority to try 
 the same, and to administer oaths to all witnesses sworn upon such 
 trial, one R D. was produced as a witness on the part of C. D., the 
 defendant aforesaid, and was duly sworn to speak the truth; <fec., 
 [follow the language of the oath administered:^ and that the said 
 R D., being interrogated as such witness, whether the said A. B. was 
 at the dwelling house of the said C. D., on the day of 
 
 ,18 , which inquiry was material and pertinent to the 
 issue joined in the action aforesaid, did the» and there, to wit, at the 
 time and place aforesaid, falsely, wilfully and corruptly, depose and 
 swear, that the said A. B. was at the dwelling house of the said C. 
 D., on the said day of > 18 , whereas, in truth 
 
 and in fact, the said A B. was not at the dwelling house of the said 
 0. D., on the said day of > 18 ; whereby the said 
 
 R D. did then and there, to wit, at the time and place aforesaid, wil- 
 fully and corruptly swear falsely, and commi* wilful and con'upt 
 perjury. 
 
 Swom, (fee, [as in § 594.] 
 
376 
 
 HEW CLERK'S ASSISTANT. 
 
 § 696. Complmmi for Bigamy. 
 
 County, ss : 
 
 A- B., of said county, being duly sworn, says,* that on the 
 day of instant, \or, last past,] at the town of , in 
 
 said county, one R. D., being then married to M. D., did wilfully and 
 feloniously marry and take to wife, one E. B.; the said K D. well 
 knowing that his said former wife, M. D., was then living and in full 
 life. 
 
 Sworn, &c., \as m § 694.] 
 
 § 696. Complaint for Marrying the Wife of Another. 
 County, ss: 
 A. B., of said county, being duly sworn, says,* that on the 
 day of instant, [or, last past,] at the town of , in 
 
 said county, one E. D. did knowingly, unlawfully and feloniously, 
 marry, and take to wife, one M. K, she being then married, and the 
 wife of K R. 
 
 Sworn, &c., \as in § 694] 
 
 § 697. Complaint for Malicious Mischief. 
 County, ss: 
 A. B.; of said county, being duly sworn, says,* that on the * 
 
 day of instant, [or, last past,] at the town of , m 
 
 said county, one R. D. did wilfully and maliciously administer to a 
 certain horse, the property of the said A. B., a certain deadly poison, 
 called arsenic, by mixing the same with the food of the said horse. 
 Sworn, &o., \as in § 694.] 
 
 § 698. Complaini for Malicious Trespass, or for Oirdling Trees. 
 
 Coimty, ss: 
 
 A. B., of said county, bemg duly sworn, says,* that on the 
 day of instant, [or, last past,] at die town of , in 
 
 said comity, one R. D. did wilfully, maliciously and unlawfully, out 
 down and destroy \or, wUfuUy and maliciously girdle,] certain grow- 
 ing trees, situate on the land of the said A. B., in sai^ kiw» 
 
 Sworn, &c., [as in § 594.] 
 
JUSTICES' COURTS. 377 
 
 § 699. Complaint for Proewring Abortion. 
 
 County, ss: 
 
 A. B., of said county, being duly sworn, says,* that on the 
 day of instant, [or, last past,] at the town of , in 
 
 said county, one R D. did wUfuUy and unlawfully administer a cer- 
 tain drug called " savin," [or, did use and employ a certain instru- 
 ment caSed a "forceps,"] on the body of E. M., she beiag then 
 pregnant, with intent thereby to procure the miscarriage of the said 
 E. K 
 
 Sworn, &c., [as in § 594.] 
 
 § 700. Complaint for Making an Affray. 
 
 County, ss : 
 
 A. B. of said county, being duly sworn, says,* that on the 
 day of instant, [or, last past,] at the town of , in 
 
 said county, one R. B. did, in a tumultuous manner, mate an aflEray, 
 wherein one R B. was assaulted, beat and abused, by the said R. D., 
 without any just and reasonable cause. 
 
 Sworn, &c., [a^ in § 594.] 
 
 § 701. Complainl for Cruelty to Animals. 
 
 County, ss: 
 
 A. B., of said county, being duly sworn, says,* that on the 
 day of instant, [or, last past,] at the town of , in 
 
 said county, one R D. did cruelly and maliciously kill [or, maim ; or, 
 beat and torture] a certain bay gelding horse belonging to him, the 
 said R D., [or, to one 0. D.] 
 
 Sworn, &c., [as in § 594.] 
 
 § 702. Complaint for a Bout, or Riot. 
 County, ss: 
 A. B., of said county, being duly sworn, says,* that on the 
 day of instant, [or, last past,] at the town of , in 
 
 said county, R D., D. D., A. D., &c., &c., did unlawfully, tumultu- 
 ously and routously, assemble together, to the manifest terror and 
 disturbance of the citizens then and there being, with an intent mu- 
 tually to assist each other, against all who should oppose them, in the 
 execution of a certain enterprise, to wit, the assault and beating of 
 one T. M., with force and violence, and against the peace : and being 
 60 assembled, together with divers other persons unknown, they did, 
 
378 NEW CLERK'S ASSISTANT. 
 
 afterwards, to -wit, on the day and at the place afiaresaid, proceed in 
 a noisy, riotous and tumultuous manner, towards the house of the 
 said T. M., in order to assault and beat him, the said T. M. ; [if the 
 assault was committed, add: and did then and there violently and 
 maliciously assault and beat the said T. M.] 
 Sworn, (fee, [as in § 594.] 
 
 § 703. Complaint for Selling Unwholesome Food. 
 County, ss: 
 A. B., of said county, being duly sworn, says,* that on the 
 day of instant, [or, last past,] at the town of , in said 
 
 county, one R. D. did knowingly, unlawfully and wickedly, sell to one 
 M. B., a quarter of lamb, which had become tainted and unwhole- 
 some. 
 
 Sworn, &c., [as in § 594.] 
 
 § 704. Complaint for Disturbing a Religious Meeting. 
 
 County, ss: 
 
 A. B., of said county, being duly sworn, says,* that on the 
 day of instant, \or, last past,] at the town of , in said 
 
 county, one R D. did wilfully and unlawfully disturb, interrupt and 
 disquiet, an. assemblage, of people, collected for the purpose of re- 
 ligious worship, by loud and profane discourse, [or, by rude and riot- 
 ous noises ; or, by rude and indecent behavior.] 
 
 Sworn, (fee, [as in § 594.] 
 
 § 705. Complaint to Obtain a Search Warrant. 
 County, ss: 
 A. B., of said coimty, being duly sworn, says, that certain personal 
 property of the said A. B., [or, of one C. D.,] to wit : [describe the 
 property;'] of the value of dollars, or upwards, was stolen 
 
 and feloniously taken from his dwelling house in the town of , 
 
 in said county, on the day of instant, [or, last past:]* 
 
 and that this deponent suspects that K D. has stolen and taken the 
 same as aforesaid ; and that the said property, or a part thereof, is 
 now concealed in the dwelling house of the said C. D., in the said 
 county ; wherefore process is applied for to search the same. 
 Sworn, &c., [as in § 694.] 
 
 A B 
 
JUSTICES' COURTS. 379 
 
 § 706. Search Wa,rrant. 
 County, ss: 
 To the Sheriff of said County, or to any Constable of the Town [or, 
 City] of , in said County,, greeting : 
 
 Whereas, A. B. has made complaint, upon oath, before me, J. H. 
 B., one of the Justices of the Peace of the said county, that, &c., 
 [as in § 705, to the *, and then, add:'] and that he suspects that R 
 D. did steal and take the same, as aforesaid ; and that the said pro- 
 perty, or a part thereof, is now concealed in the dwelling house of 
 the said R. D., in said county : Therefore, the people of the State of 
 New Ym-k command you to search the place where the said property 
 is suspected to be concealed, in the day time, [or, as well in the night 
 time, as in the day time,] and that you bring the same before me. 
 Witness, &c., [as in § 648.] 
 
 § 707. Oath of Complainant, or Witness on Complaint. 
 
 You do swear in the presence of Almighty God, that you wiU true 
 answers make to such questions as shall be put to you, touching this 
 complaint against C. D. 
 
 § 708. Mecogrdzance in Justices' Courts. 
 
 State of New York, >^. 
 Coimty, S 
 
 We, C. D. and E. R, of , in said county, acknowledgu 
 
 ourselves to be severally indebted to the people of the State of New 
 York ; that is to say : the said C. D. in the sum of dollars, 
 
 and the said E. F. in the sum of dollars, to be well and 
 
 truly paid, if default shall be made in the condition following : 
 
 The condition of this recognizance is such, that if the said C. ]"). 
 shall personally appear at the next Court of Oyer and Terminer, [or, 
 Court of Sessions,] to be held in and for said county,* then and 
 there to answer to a complaint against him for, &c., [state the com- 
 plaint,^ and to do and receive what shall, by the court, be then anS 
 there enjoined upon him : [if the recognizance is entered into by a 
 witness and surety, say: then and there to give evidence on the 
 part of the said people against C. D., charged with, &c., [as the of- 
 fence may he,"] as well to the grand jury as to the petit juiy,]* and 
 shall not depart the court without leave ;] [in a recognizance on a 
 peace warraa: insert here: and in the meanwhile shall keep the 
 peace towards the people of this State, and pf.rticularly towards A 
 
SbO NEW CLERK'S ASSISTANT. 
 
 B., and oriitt aM that part of the form between the two *«,J then thia 
 recognizance to be void; otherwise of force. 
 
 Taken, subscribed, and acknowledged, ) C. D. [l. s.1 
 
 the day of , 18 , before me, j , E. F. [l. s.' 
 
 Q. H., Justice, &c. 
 
 § 709. Record of Conviction &t Special Sessions. 
 
 State of New York, ) g^. 
 County, j 
 
 Be it remembered, that at a Court of Special Sessions, held y 
 the rmdersigned, a Justice of the Peace of the said county, this 
 day of ,18 , at his office in the town of , in 
 
 said county, C. D. was brought before the said court, charged on the 
 oath of A. B., with having, on the ' day of ,18 , at 
 
 the town of , in said county, &c., [state the offence:'] which 
 
 charge, [or, charges,] being stated in the warrant by me issued, [or, 
 issued by 8. T., Esq., one of the Justices of the Peace of the said 
 county,] was [or, were] distinctly read to the defendant in open 
 court, to which he plead not gmlty, [or, guilty;] whereupon such 
 proceedings were had in the said court, that the d.efendant was con- 
 victed of the charge [or, charges] above specified,* and the court 
 rendered judgment thereon, that the said C. D., &c., [as the judg- 
 ment may 6e.] 
 
 In witness whereof, I have hereunto subscribed these presents, 
 the day of , 18 . 
 
 G. H., Justice of the Peace. 
 
 § 710. Commitment from Speoial Sessions. 
 
 Stateof New York,.) g. 
 
 County, j 
 To any Constable of the said County, greeting ; 
 
 At a Court of Special Sessions, duly held by the undersigned, &e., 
 [as in § 709, to the *, and then add /] and the court having rendered 
 judgment thereon, that the said C. D., <fcc., [as the judgment may 
 hef\ Therefore the people of the State of New York command you 
 to convey the said C. D. to the common jail of the said county, the 
 keeper whereof is hereby required to keep him in safe custody in the 
 said jail, until the judgment so rendered be satisfied, or he be dis- 
 charged by due course of law. 
 
 Witness, &c., [as in § 648.] 
 
CHAPTER XXVI. 
 LANDLORD AND TENANT. 
 
 PRACTICAL MARKS. 
 
 1 The relation of landlord and tenant exists, wherever there is a 
 contract for the possession and profits of lands or tenements, on one 
 side ; and a recompense, by payment of rent, or some reciprocal con- 
 sideration, on the other. The contract is called a lease, or demise, 
 and may be for life, for a term of years, or at the -will of one of the 
 parties. If the lessee, or tenant, parts with any portion of the term, 
 the contract assigning such portion is called an underlease.' 
 
 2. The law will imply a tenancy, from the mere occupation of pre- 
 mises, pending the execution of a. lease; or an occupation and 
 payment of rent under an invalid agreement; or where a tenant for 
 years holds over after the expiration of his term, with the landlord's 
 consent; or from the mere payment of rent, where it bears any 
 reasonable proportion to the value of the premises. And where the 
 tenant continues in possession for two weeks after the expiration ol 
 his term, though alledging that he does not intend to remain, the 
 landlord may regard him as a tenant for another year, if he thinks 
 proper to do so." 
 
 3. A bargain for rooms in a boarding-house is not a lease.' 
 
 4. Leases for a year, or any less time, may be made by a verbal 
 agreement; in all other cases, they must be in writing, and if for life, 
 executed under seal, and in the presence of a witness.* 
 
 5. A covenant to pay rent, founded upon a lease for five years, 
 not reduced to writing, is void for want of consideration.' 
 
 6. A lease of three years, or for any longer period, must be 
 recorded in the county where the premises are situated, in the same 
 manner as conveyances of real estate ; otherwise it is void as against 
 
 1 7 Cowen, 326. I « 2 R. S. (3 d ed.) 22, 5 137 ; H 194, § 8 ; 16 
 
 » 4 Cowen, S-W, 473 , 1 Denio, U3. Wendell, 465 : 121 Id. , 492 ; 10 Paige, 393, 637. 
 
 " Jl Denio, 602. 1 » 7 Hill, 83. 
 
382 
 
 NEW CLERK'S ASSISTANT. 
 
 a subsequent purchaser in good faith, and for a valuable consideration, 
 Leases for life or lives, or for years, in the counties of Albany, Ulstei, 
 Sullivan, Herkimer, Dutchess, Columbia, Delaware and Sclienectady, 
 in the State of New York, need not be recorded.' 
 
 7. In South Carolina, a conveyance of an estate in land for life, or 
 lives, must be in writing, signed, sealed and delivesed.- In Virginia; 
 and Kentucky, the same rule' prevails as to all estates or interests in 
 land exceeding a term of five years; and in Rhode Island and Ver- 
 mont, as to all estates exceeding a term of one year. In Louisiana, 
 all conveyances of land must be in writing, and registered in the 
 office of a notary.^ 
 
 8. A lease for years, without saying how many, is good for two 
 years. In the city of New York, if no time is agreed on as to the 
 diu:ation of an agreement for the occupation of lands or tenements, 
 it will be deemed valid until the first day of May next after posses 
 sion is given." 
 
 9. Where a lessor consents to a change of tenancy, and accepts a 
 substituted tenant, the first tenant is discharged.* 
 
 10. A new lease, if valid, whether by parol or not, will operate ap 
 a surrender of a former lease.' 
 
 11. The interest of a tenant under a lease executed by a mortga- 
 gor, subsequent to the execution of a mortgage, is extinguished by a 
 foreclosure and sale under such mortgage.' 
 
 12. Where a fraudulent representation is- made by a landxoid, en, 
 to the property demised, or the extent of his rights, the lesaee io en- 
 titled to a deduction from the rent for the fraud.' 
 
 13. Interest is recoverable on a covenant for the payment of rent, 
 from the time the rent is due, even where the rent is payable in 
 grain or services, the value of which is not Uquidated bv the lease.' 
 
 14. A covenant by the lessee to pay assessments runs with the 
 lease, and the assignee of the term is bound by it' 
 
 15. There are four kinds of leases— for life or lives, for years, at 
 will, and by sufferance. A tenant at will is one who occupies under 
 an agreement to be determined at the pleasure of either of the par- 
 ties. One who enters ^under an agreement to purchase, or for a 
 lease, but has not paid rent, is a tenant at will ; a parol gift of lands 
 has also been held to create this species of tenancy. If the agree- 
 ment be to let premises so long as the parties choose, reserving a 
 compensation to be paid daily,' it creates a tenancy at will. A notice 
 to quit terminates a tenancy at wiU, and turns it into a tenancy from 
 year to year. Where a tenant holds over after the expiration of his 
 
 1 9 R. S. (3d ed.) 40, §1 ; Id., 47. § J 44, 49 ; 
 ' Wendell, 48S; 6 Id., 213 ; 8 Id., 260. 
 s 4 Kenl'fl Commentaries, (2d ed.) 451. 
 a 2 R. S. (3d ed.) 29, § 1. 
 t 2 Barbour's S. C. Rep,, 180. 
 
 6 2 Barbour's S. 0. Rep., 
 » 3 Denio, 214. 
 ' 1 Comstock, 30.=;. 
 8 2 Comslock, 135 
 » 2 Comstock, 394 
 
LANDLORD AND TENANT. 383 
 
 term, or where a person selling lands refuses to deliver them up, and 
 continues in possession, a tenancy by sufferance is created.' 
 
 16. No lease or grant of agricultural land, for a longer period than 
 twelve years, made subsequent to the first day of January, one thou- 
 sand eight hundred and forty-seven, in which any rent, or service of 
 any kind, is reserved, will be valid ; and all fines, quarter sales, and 
 other like restraints upon alienation, reserved in any grant of land 
 subsequent to that day, will likewise be void." 
 
 IV. A tenancy at will, or by sufierance, may be terminated by 
 the landlord's giving one month's notice in writing to the tenant In 
 the Eastern States, three months, and in the Middle and Southern 
 States, six months' notice is required. A tenant may also give notice 
 of his intention to quit the premises, and if he does not yield pos- 
 session at the time specified in his notice, he is liable to pay double 
 rent' 
 
 18. A tenancy from year to year may be determined, in New York 
 and Vermont by a notice of at least half a year, (182 days, or six 
 calendar months,) ending with the period of the year at which the 
 tenancy commenced. In Massachusetts, reasonable notice is required, 
 and a notice of sixty days has been held sufficient In Pennsylvania, 
 the notice is one of three months, in all cases.'' 
 
 19. Where a tenancy is for a short period — as for a quarter, a 
 month, or a week — the length of the notice must be regulated by 
 the letting ; as a month's notice for a month's letting, and a week's 
 notice for a week's letting.' 
 
 20. Distress for rent has been abolished in the State of New York. 
 In aU cases where the right of re-entry is reserved and given to a 
 grantor, or lessor, in any grant or lease, in default of a sufficiency of 
 goods and chattels whereon to distrain, such re-entry may now be 
 made at any time after default in the payment of the rent provided 
 fifteen days' notice in writing, of the intention to re-enter, be given 
 by the grantor or lessor, his heirs or assigns, to the grantee or lessee, 
 jis heirs, executors, administrators, or assigns ; and this, notwith- 
 standing there be a sufficiency of goods and chattels to satisfy the 
 rent provided the same were taken in distress." 
 
 21. The mode of re-entry above provided, by giving a notice of 
 fifteen days, does not repeal that under the Revised Statutes ; the 
 former is merely an additional mode.' 
 
 22. A tenant or under tenant or his assigns or legal representa- 
 tives, may be removed from any premises occupied by him, by any 
 
 1 4 Johnson, 150; i Cowen, 349 ; 11 Wen- 
 dell, 019 ; 23 Id., 616, 
 
 2 Amended Constitution of New York, Ar- 
 ticle I., W 14, 16. 
 
 » 2R. S (3d ei.) 30. §§ 7-9; 11 Wendell, 
 616. 
 
 * 4 Kent's Commentaries, (2d ed.) ./ll.> 
 113; 1 Johnson, 322; 8 Cowen, 13. 
 6 4 Kent's Commentaries, (2d ed.) 113. 
 e Laws of 1846. chap. 274. 
 ' 2 Barbour's S. C. Rep., 316. 
 
384 NEW CLERK'S ASSISTANT. 
 
 Judge of the County Courts of the county, or by any Justice of the 
 Peace of the city or town where such premises are situated ; or by 
 any Mayor or Recorder of the city where such premises are situated; 
 or in the city of New York, by the Mayor, Recorder, any Jus dee of 
 the Marine Court, or any one of the Justices of the Justices' Court 
 of the city of New York; where such tenant holds over and continues 
 in possession of the premises, or any part thereof, after the expira- 
 tion of his term, without permission of the landlord ; or where the 
 tenant holds over without permission after default in the payment of 
 rent, and a demand has been made of the rent, or three days' notice 
 in writing served on the tenant, requiring payment of the rent or 
 possession of the premises ; or where the tenant or lessee of a term 
 of three years, or less, has taken the benefit of any insolvent act, or 
 been discharged from 'liability to imprisonment ; or where one holds 
 over and continues in possession of any real estate which has been 
 sold under an execution against him, after a title under such sale has 
 been perfected.' 
 
 23. Rent previously due may be collected by action, after the sum- 
 mary removal of the tenant for non-payment of rent.' 
 
 my tenant, being in arrear for rent, desert the demised 
 premises, and leave the same unoccupied and uncultivated, any Jus- 
 tice of the Peace of the county may, at the request of the landlord, 
 and upon due proof that the premises have been so deserted, go upon 
 and view the premises ; and upon being satisfied, upon such view, 
 that the premises have been so deserted, he shall affix a notice in 
 writing upon a conspicuous part of the .premises, requiring the tenant 
 to appear, &c., as in the form hereinafter given, at some time to be 
 specified in the notice, not less than five nor more than twenty days 
 after the date thereof 
 
 25. Where any forcible entry is made into any lands or posses- 
 sions : or where the entry is made in a peaceable manner, and the 
 possession held by force, the person so forcibly put out, or so forcibly 
 holden out, of possession, and the guardian of any such person being 
 a minor, may be restored to such possession, by making complaint to 
 a Justice of the Supreme Court, or County Judge ; any Mayor, Re- 
 corder, or Alderman, of any city ; or, in the city of New York, in 
 addition to the officers already named, to any Justice of the Superior, 
 or Marine Court, or any Justice.' 
 
 26. An affidavit made by an agent, under the statute authorizing 
 summary proceedings to recover possession of land, must state the 
 
 ■ 2 R. S. (3d ed.) 603, § 28 ; Laws of 1849, 
 chap. 193 ; 6 Cowen, 448; 8 Id., 68 ; 5 Wen- 
 dell 281 ; 9 Id., 227 ; 11 Id., 616 ; 15 Id., 226 ; 
 irid..464: 19 Id., 103; 21 Id., 687; 1 Hill, 
 612; 6 Id., 314, 607; 1 Denio, 190. 
 
 3 3 Demo, 462. 
 
 3 2 U.S. C3d ed.) 603, §§ 24, 25. 
 
 * 2 R. S. (3d ed.) 699, § 1, et seq. ; 8 ,Iohn 
 son, 464; 11 Id., 604; 13 Id., 40; 8 Cowen, 
 226; 4 Wendell, 213; 9 Id., 60; ll Id, 157 
 1 Hall's Superior Court Rep , 240. 
 
LANDLORD AND TENANT. 385 
 
 fact of the agency in positive terms; it wfll not answer merely to 
 describe the person as agent* 
 
 FORMS. 
 
 §711. Landlord's Certificate of SerUinff. 
 
 This is to certify, that I have, this day of » 18 , 
 
 let and rented unto C. D. my house and lot, known as number , 
 in street, in the of , with the appurtenances, 
 
 and the sole and uninterrupted use and occupation thereof, for one 
 year, to commence the day of next, at the yearly rent 
 
 of dollars, payable quarterly : [add, with all taxes and as- 
 
 sessments, wTiere the game are to he paid by the tenarUA 
 
 A.B. 
 
 § 712. Tenant's Agreement. 
 
 This is to certify, that I have hired and taken from A. B. his house 
 and lot, known as number , in street, in the 
 
 of , with the appurtenances, for the term of one year, to 
 
 commence the day of next, at the yearly rent of 
 
 dollars, payable quarterly. [Insert the dame in relation to taxes, 
 if necessary. '\ And I do hereby promise to make pimctual payment 
 of the rent in manner aforesaid, except in case the premises become 
 untenantable from fire or any other cause, when the rent is to cease: 
 And I do further promise to quit and surrender the premises, at the 
 expiration of the term, in as good state and condition as reasonable 
 use and wear thereof wiU permit damages by the elements excepted.* 
 
 Given under my hand and seal, the day of ,18 
 
 In presence of ) C. D. [i* B.1 
 
 G. H. \ 
 
 § 713. Security fox Rent. 
 
 In consideration of the letting of the premises above described, and 
 for the sum of one dollar, I do hereby become surety for the punctual 
 payment of the rent, and performance of the covenants, in the above 
 
 > 4 Senia, 71. 
 
386 NEVf CLERK'S ASSISTANT. 
 
 written agreement mentioned, to be paid and performed by C. D., as 
 therein specified ; and if any default shall at any time be made 
 therein, I do hereby promise and agree to pay unto the landlord in 
 said agreement named, the said ren^ or any arrears thereof that may 
 be due, and fully satisfy the conditions of the said agreement, and all 
 damages that may accrue by reason of the non-fulfilment thereof 
 without requiring notice or proof of demand being made. 
 
 Given under my hand and seal, the day of , 18 . 
 
 E. R [l. 8.] 
 
 § 714. Landlord's Certifieate, where Tenant is Not to Underlet, or 
 Occupy for any Business deemed Extra Hazardous. 
 
 This is to certify, that I, C. D., have let and rented unto A. B., 
 
 the premises known as number , in street, in the 
 
 of , for the term of one year from the first day of 
 
 next, at the yearly rent of dollars, payable quarterly.* 
 
 The premises are not to be used or occupied for any business deemed 
 
 extra-hazardous on account of fire ; nor shall the same, or any part 
 
 thereof, be let or underlet, except with the consent of the landlord, 
 
 in writing, under the penalty of forfeiture and damages. 
 
 Given under my hand, this day of , 18 . 
 
 CD. 
 
 § 715. Tenant's Agreement in Foregoing Case. 
 
 This is to certify, &c., [as in § 712 to the *, and then arfrf;] And 
 I do hereby engage not to let or underlet, the whole or any part of 
 the said premises, or to occupy the same in any business deemed 
 extra-hazardous on account of fire, without the written consent of Uie 
 landlord, imder the penalty of forfeiture and damages. 
 
 Given, &c., \as in § 712. ] 
 
 § 716. Tenant's Agreement, Umhracing a Pledge of his Property, 
 , as Security. 
 
 This is to certify, that I, A. B., have hired and taken from C. D., 
 the premises known as number , in street, &c., \as 
 
 in%1\2 to the *, and then addi^ And I do hereby mortgage and 
 pledge all the personal property, of what kind soever, which I shall 
 at any time have on said premises, and whether the same be exempt 
 by law from sale under execution or not, to the faithful perlormance 
 
LANDLORD AND TENANT. 387 
 
 of these covenants ; hereby authorizing the said C. D., or his assigns, 
 without legal process, to seize upon and sell the same, in case of any 
 failure on my part to perform the said covenants, or any or either of 
 them, — and out oi the proceeds of such sale to pay and discharge all 
 arrearages of rent and expenses, and to return the surplus moneys, 
 .if any there be, to me or my representatives. 
 
 Given under my hand and seal, this day of , 18 . 
 
 A.B.[l.s.] 
 
 § Tl7. Landlord's Certificate, wider the Exemption Act q/'1842. 
 
 This is to certify, (fee, [as m § 714, to the *, and then add:'] The 
 above lease is upon the further condition, that the said tenant shall 
 make punctual payment of the rent, in jnanner aforesaid, and shall 
 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 shall not assign, let 
 or underlet, ttie whole or any part of the said premises, or occupy 
 the same for any business deemed extra-hazardous on account of 
 fire, without the written consent of the landlord, imder the penalty 
 of forfeiture and damages. 
 
 And the said tenant, for the consideration aforesaid, has waived 
 the benefit of the exemption specified in the first section of the 
 act entitled " An Act to extend the exemption of household furniture 
 and working tools fi-om distress for rent and sale under execution," 
 passed April 11th, 1842, and has agreed that the property thereby 
 exempted shaO be liable, and also that all property liable to distress 
 for rent shall be so Uable, whether on or off the said premises, where- 
 soever and whensoever the same may be found. 
 
 Given, &c., \as in § 714.] 
 
 § 718. Tenants Agreement, Waiving the Benefit of the Exemption 
 Act of 1842. 
 This is to certify, &o., \as in § 712 to the *, and then add ;] And I 
 do hereby promise, in consideration thereof, to make punctual pay- 
 ment of the rent, in manner aforesaid, 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 not to assign, let or underlet, the whole 
 or any part of the said premises, or occupy the same for any business 
 deemed extrarhazardous on account of fire, without the written con- 
 sent of the landlord, under the penalty of forfeiture and damages. 
 
388 . SEVr CLEEK'S ASSISTANT. 
 
 And I do hereby, for the consideration aforesaid, waive the benefit (if 
 the exemption specified in -the first section of the act entitled ■" An 
 Act to extend the exemption of household furniture and working 
 tools from distress for rent and sale under execution," passed Apii] 
 11th, 1842, and agree that the property thereby exempted, shall be 
 liable to distress for said rent ; and also, that all property liable to 
 distress for rent shall be so liable, whether on or off the said premises, 
 wheresoever and whensoever the same may be found. 
 Given, &c., [as in § 712.] 
 
 § 719. Agreement for a Lease. 
 
 This agreement, made the day of, &c., between A. B. of, 
 
 (fee., and C. D., of, <&c., witnesseth : That the said A. B. hereby agrees 
 to demise and let to the said C. D., by indenture, to be executed on 
 the day of next, the dwelling-house and lot now occu- 
 
 pied by the said A. B., in the village of . , to have and to hold 
 the same unto the said C. D., his executors, administrators and 
 assigns, from the first day of next, for and during the 
 
 term of five years, at or under the yearly rent of one hundred dol- 
 lars, payable quarterly, clear of all taxes and assessments : in which 
 lease there shall be contained covenants on the part of the said C. 
 D., bis executors, inc., to pay rent, (except in case the premises are 
 destroyed by fire, the rent is to cease until they are re-buUt,) and all 
 taxes and assessments ; to keep the premises in good repair, (dama- 
 ges by fire excepted ;) not to carry on any offensive business upon 
 the same ; and to deliver up peaceable possession of the said premises 
 at the expiration of the term aforesaid : and the said lease shall also 
 contain covenants on the part of the said A. B., his heirs and assigns, 
 Ccr quiet enjoyment ; to renew said lease at the expiration of the term 
 aforesaid, at the request of the said C. D., to be made fifteen days prior 
 to the time of such expiration, for a further term of five years ; and that; 
 in case the said premises shall be destroyed by fire, the said A. B. 
 will forthwith proceed to re-buUd the same. 
 
 And it is agreed between the aforesaid parties, that the costs and 
 charges of making, executing and recording, the said lease, and du- 
 plicate thereof, shall be equally borne and (iivided between them. 
 
 In witness whereof, the said parties have hereunto set their handi 
 and seals, the day and year first above written. 
 
 Sealed and delivered ) ■ A. B. [l. s.] 
 
 in presence of > C. D. [l, s.j 
 
 G.H. ) 
 
LANDLORD AND TENANT. 389 
 
 § 720. Lease and Chattel Mortgage. 
 
 This agreement, made the day of , 18 , between A. 
 
 B., of, (fee, of the first part, aijd C. D., of, &c., of the second part, 
 witnesseth : That the said A. B. has agreed to let, and hereby does 
 let, and the said C. D. has agreed to take, and hereby does take, all 
 the premises known as number 347, street, in the city of , 
 
 for one year commencing the day of ,18 , and 
 
 ending the day of , 18 , at twelve o'clock, noon, of 
 
 that day, at the annual rent of dollars, payable in equal quar- 
 
 terly payments. 
 
 And the said C. D. hereby covenants and agrees to pay the ren» 
 in manner aforesaid; to permit the said A. B., or his agent, to 
 enter the said premises at all reasonable hours in the day time, to 
 make such repairs and alterations as may be necessary for the 
 preservation thereof, and to exhibit the same to persons wishing to 
 rent, after the day of ,18 , and put notices " To Let," 
 
 on the walls thereof ; to quit and surrender the said premises, at the 
 expiration of the said term, in as good state and condition as reason- 
 able use and wear thereof will permit, damages by the elements 
 excepted ; and that he wUl not assign, let or underlet, the whole or 
 any part of the said premises, or occupy the same for any business 
 deemed extra-hazardous, without the written consent of the said A. 
 B., or his agent 
 
 And the said C. D., in consideration of the premises, and of the 
 sum of one dollar to him paid by the said A. B., doth hereby grant, 
 bargain and sell, unto the said A. B., all and singular the following 
 goods and chattels, [or, the goods and chattels, mentioned in the 
 schedule hereto annexed :] viz : \describe property if there he no 
 schedule fl To have and to hold the said goods and chattels to the 
 said A. B., forever; upon the condition, however, that if the said C. 
 D. shall well and trxdy pay, or cause to be paid, unto the said A. B., 
 the rent above reserved, punctually, at the several times when the 
 same shall become due, as aforesaid, then the said bargain and sale 
 shall be null and void. But in case default shall be made in the pay- 
 ment of the said rent, or any part thereof, at the several times men- 
 tioned as aforesaid, and the same remain unpaid five days after the same 
 becomes due and payable, then it shall be lawful for ,the said A. B 
 to take possession of the said goods and chattels, wherever the same 
 may be found, and to sell the same at public sale, (first giving three 
 days' notice of the time and place of such sale,) or so much thereof 
 as may be necessary^ to pay the rent due, and the balance of ren* 
 for the whole unexpired term, whether due or not due, and all costs 
 and expenses that may have accrued on account thereof, rendering 
 the remaining goods and chattels, and the surplus money from said 
 sale, if any there shall be, unto the said C. D., or his representative. 
 
390 NEW CtEEK'S ASSISTANT. 
 
 And it is further agreed between the said parties to these presents, 
 that if at any time default shall be made in the payment of the said 
 rent, or any part thereof, at the times above specified, the said A. B. 
 shall and may re-enter the said premises, and remove all persons 
 therefrom; and the said C. D. hereby expressly waives the service of 
 any notice in writing of the intention to re-enter, or any legal process 
 or proceeding to put the said A. B. in possession; and, also, that in 
 case the said C. D. shall sell, assign or dispose of, or attempt to sell, 
 assign, or otherwise dispose of, the goods and chattels aforesaid, or 
 shall attempt to remove the same from the of , it shall 
 
 and may be lawful for the said A. B. to take possession of the same, 
 and retain them in his possession until the said rent shall be paid, or 
 until default in the payment thereof But until default be made in 
 the payment of the said rent, the said goods and chattels (unless the 
 said C. D. shall sell, or attempt to sell, or remove the same, as afore- 
 said,) shall remain in the possession of the said C. D.' 
 
 In witness, &,c., [as in § 719.] 
 
 § 721. Agreement between a House-Keeper and Lodger. 
 
 This agreement, by and between A. B., of, &c., and C. D., of, &c., 
 made the day of, &c., witnesseth : That the said C. D., in 
 
 consideration of the agreement hereinafter contained, to be performed 
 by A. B., has let to the said A. B. the entire first floor, and one room 
 in the attic story, or garret, with the use of the offices, and of the 
 yard for drying linen, or beating carpets or clothes, being part of the 
 dwelling-house new occupied by the said C. D., situate in the village 
 of , [or, known as number in street, in the city 
 
 of Albany,] for and during the term of two years from the day of 
 the date hereof ; to hold to the said A. B., for the said term of two 
 years, at the yearly rent of dollars, payable quarterly to the said 
 C. D. In consideration of the premises, A. B. agrees to pay to the 
 said C. D., the aforesaid yearly rent of dollars, at the times 
 
 above' limited for the payment thereof ; and at the end of the said 
 term, or in case of any default in the payment, to yield and deliver 
 up to the said C. D., or his assigns, on request, the quiet and peace- 
 able possession of the premises above described, and leave them in 
 as good condition and repair as they shall be on his taking possession 
 thereof reasonable wear excepted. 
 
 In witness, &c., [as in § 719.] 
 
 ' A lease, containing a mortgage of personal property, or a copy tnereof, should be filed 
 In the same manner as chattel mortgages, in order to have the lien valid against third persona 
 
LANDLORD AHD TENANT. 391 
 
 § 722. Indeniv/re of Lease. 
 This indenture, made the day of , in the year of otit 
 
 Lord one thousand eight hundred and , between A. B., of, 
 
 &c., of the first part, and C. D., of, &c., of the second part, wit- 
 nesseth : That the said party of the first part, for and in conside- 
 ration of the rents, covenants and agreemente, hereinafter mentioned, 
 reserved and contained, on the part and behalf of the party of the 
 second part, his executors, administrators and assigns, to be paid, 
 kept and performed, hath granted, demised, and to farm lettcn, and 
 by these presents doth grant, demise,_ and to farm let, unto the said 
 party of the second part, his executors, administrators and assigns, 
 all [give description of premises :^ To have and to hold the said above 
 mentioned and desgribed premises, with the appui-tenanoes, unto the 
 said party of the second part, his executors, administrators and 
 assigns, from the day of , one thousand eight hundred 
 
 and , * for and during, and until the full end and term of, ten 
 
 years thence next ensuing, and fully to be complete and ended, [or, 
 for and during the natural life of E. F. ;] yielding and paying there- 
 for, 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 dollars, lawful money of the United States of America, 
 in equal quarter [or, half ] yearly payments, to wit : on the first day 
 of May, August, November, and February, in each and every year 
 duiing the said term : Provided always, nevertheless, that if the 
 yearly rent above reserved, or any part thereof, shall be behind or 
 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 covenants 
 herein contained, on the part and behalf of the said party of the 
 second part, his executors, administrators and assigns, to be paid, 
 kept and performed, then and from thenceforth it shall and may be 
 lawful for the said party of the first part, his heirs or assigns, into 
 and upon the said demised premises, and every part thereof, wholly 
 to re-enter, and the same to have again, re-possess and enjoy, as in 
 his or their first and former estate, any thing hereinbefore contained 
 to the contrary thereof in any wise notwithstanding. And the said 
 party of the second part, for himself and his heirs, executors and 
 administrators, doth covenant 9,nd agree, to and with the said party 
 of the first part, his heirs and assigns, by these presents, that the 
 said party of the second part, his executors, administrators or 
 assigns, shall and will, yearly, and every year, during the term 
 hereby granted, well and truly pay, or cause to be paid, unto the 
 said party of the first part, his heirs or assigns, the said yearly rent 
 above reserved, on the days, and in the manner, limited and pre- 
 scribed, as aforesaid, for the payment thereof, without any deduction, 
 fraud, or delay, according to the true intent and meaning of these 
 presents: [if necessari/, insert: and that the said party of the second 
 
392 HEW CLERK'S ASSISTANT. 
 
 part, Ms executors, administrators, or assigns, shall and will, at their 
 own proper costs and charges, bear, pay and discharge, aU such taxes, 
 duties and assessments whatsoever, as shall or may, during the said 
 term hereby granted, be charged, assessed, or imposed upon the said 
 described premises :] and that on the last day of the said term, or 
 other sooner determination of the estate hereby granted, the said 
 party of the second part, his executors, administrators, or assigns, 
 shall and wiU peaceably and quietly leave, surrender and yield up, 
 unto the said party of the first part, his heirs or assigns, all and 
 singular the said demised premises. And the said party of the first 
 part, for himself, his heirs and assigns, doth covenant ^nd agTee, by 
 these presents, that the said party of the second part, his executors, 
 administrators, or assigns, paying the said yearly rent above reserved, 
 and performing the covenants and agreements aforesaid, on his and 
 their part, the- said party of the second part, his executors, adminis- 
 trators and assigns, shall and may at aU times during the said term 
 hereby granted, peaceably and quietly have, hold and enjoy, the said 
 demised premises, without any manner of let, suit, 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, <fec., [as in § 719.] 
 
 § 723. Farming Lease on Shares, with Agreement to Renew. 
 
 This indenture made, &c., \as in § 722 to the *, and then add:'] 
 for and during the term of three years next ensuing, to be fuUy com- 
 plete and ended : To have and to hold the said demised premises, 
 unto the party of the second part, his heirs, executors and adminis- 
 trators,, for his and their sole and proper use and benefit, for and 
 during the term aforesaid, together with all the tenements and he- 
 reditaments thereunto appertaining, and all the stock and farming 
 titensils, of every name and nature, now being in or upon the same, 
 belonging to the said party of the first part 
 
 In consideration whereof, the said party of the second part hereby 
 covenants and agrees, to and with the party of the first part, that be 
 wiU occupy, tUl, and in all respects cultivate the premises above men- 
 tioned, during the term aforesaid, in a husbandlike manner, and 
 according to the usual course of husbandry practiced in the neigh- 
 borhood; that he will not commit any waste or damage, or suffer any 
 to be done ; that he will keep the fences and buildings on the said 
 premises in good repair, reasonable wear thereof and damages by 
 vhe elements excepted ; and that he will dehver to the said pai'ty of 
 the first part, his heirs, executors or administrators, or to his or their 
 order, one equal half of all the proceeds and crops produced on the 
 
LANDLORD AND TENANT. 393 
 
 said farm and premises aforesaid, of every name, kind and descrip- 
 tion, — ^to be divided on the said premises, in the mow, stack, or half 
 bushel, according to the usual course and custom of making such 
 divisions in the neighborhood, and in a seasonable time after such 
 crops shall have been gathered and harvested. 
 
 It is further understood and agreed between the aforesaid parties, 
 that the party of the first part shaU find one equal half of all seed or 
 seeds, necessary to be sown on said premises, and pay all taxes and 
 assessments upon the same ; that the party of the second part is to 
 do, or cause to be done, all necessary work and labor in and about 
 the cultivation of the said premises ; that he is to have full permission 
 to inclose, pasture, or till and cidtivate, the said premises, so far ai 
 the same may be done without injury to the reversion, and to cut all 
 necessary timber for firewood, farming purposes, and repaiiing fences ; 
 and that he is to give up and yield peaceable possession of the said 
 premises, at the expiration of his said term ; [if the lease is executeA 
 by a person having only a life estate, insert: and that the said term 
 shall be determined and ended by the death of the party of the first 
 part, at any time within the said period of three years.] 
 
 And the said party of the first part, in consideration of the premises, 
 and of the sum of one doDar to him in hand paid by the party of the 
 second part, hereby promises and agrees, to and with tike party of 
 the second part, to make and execute unto him a new lease, similar 
 in all respects to this, and to run for the same period of three years, 
 of the premises aforesaid, upon the due request and application of the 
 said party of the second part, made within twenty days prior to the 
 expiration of the aforesaid tenn granted by these presente. 
 
 In witness, &c., [aa in § 719.] 
 
 § 724. Surrender of a Term of Years to the Person having the 
 Reversion. 
 
 This indenture, made the day of , between A. B., 
 
 o^ (fee, of the one part, and C. D., of, &c., of the other part: Where- 
 as, the said C. D., by his indenture of lease, bearing date, &c., did 
 demise and to farm let, <fec., [recite the property and term as in the 
 lease :^ Now these presents witness, that for and in consideration of 
 dollars, to the said A. B. in hand paid, at the sealing and 
 delivery of these presents, by the said C. D., and to the intent and 
 purpose that the said term in the said lands and premises may be 
 wholly merged and extinguished, he, the said A. B., hath given, 
 granted and surrendered, and by these presents doth give, grant and 
 surrender, unto the said C. D., and his heirs, aU the said lands and 
 premises in the said indenture of lease contained and demised, as 
 aforesaid, and all the estate, right, title, interest, term of years, n'o- 
 
394 HE"W CLERK'S ASSISTANT. 
 
 perty, claim and demand, whatsoever, of him,, the said A. B., of, in, 
 to, or out of, the same, or any part or parcel thereof: to have and to 
 hold the said lands and premises to the said C. D., his heirs and 
 assigns, and to their own proper use and behoof. 
 
 And the said A. B. doth hereby, for himself, his heirs, executors 
 and administrators, covenant and agree, to and with the said C. D., 
 his heirs and assigns, that he, the said A. B., hath not, at any time 
 heretofore, made, done, committed, executed, permitted, or suffered, 
 any act, deed, matter, or thing, whatsoever, whereby, or wherewith, 
 or by reason or means whereof, the said lands and premises hereby 
 assigned or surrendered, or any part or parcel thereof, are, or is, or 
 may, can, or shall be, in any wise impeached, charged, affected, or 
 incumbered. 
 
 In witness, &c., [as in § 719.] 
 
 § 725. Surrender of a Lease to the Lessor, hy Endorsement. 
 
 Know aU men by these presents : That I, the within named A. B. 
 in consideration of doUars, to me in hand paid at or before 
 
 the ensealing and delivery of these presents, do for myself, my execu- 
 tors 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 I do hereby covenant, that the same are free 
 and clear of all incumbrances of what kind soever, at any time by 
 me, or by my privity, consent, or procurement, done, qpmmitted, or 
 suffered. 
 
 Given, <fec., [as in § 716.] 
 
 § 726. Notice to Quit, hy the Landlord^ 
 
 Please to take notice, that you are hereby required to surrender, 
 
 and deliver up possession of the house and lot known as lot number 
 
 , 'in street, in the of , which 
 
 you now hold of me ; and to remove therefrom on the day of 
 
 '/The notice must be delivered to the tenant personally, or to some person of proper age 
 residing on the premises; and if neither the tenant, nor any such person, can be found, the 
 notice may be posted on some conspicuous place on the premises, 
 
LANDLORD AND TENANT. -'05 
 
 next, pursuant to the provisions of the statute relating to 
 the rights and duties of landlord and tenant 
 Dated this day of ,18 
 
 Yours, &c., A B., Landlord. 
 
 To C. D. 
 
 § Y27. Notice to Quit, hy the Tenant. 
 
 Please to take notice, that on the day of next, I 
 
 shall quit possession and remove from the premises I now occupy, 
 known as house and lot number , in street, ia the 
 
 of 
 Dated this day of , 18 . 
 
 Yours, &c., C. D. 
 
 To A. B., Landlord. 
 
 § 728. Notice hy Landlord, where the Commencement of the 
 Tenancy is Uncertain. 
 To CD.: 
 
 I hereby give you notice to quit, and deliver up, on the day 
 
 of next, the possession of the messuage or dwelling-house, 
 
 \or, rooms and apartments ; or, farm lands and premises,] with the 
 appurtenances, which you now hold of me, situate in the of 
 
 , in the coimty of , provided your tenancy originally 
 
 commenced at that time of the year : or otherwise, to quit and deliver 
 up the possession of the said messuage, &c., at the end of the year 
 of your tenancy, which shall expire next after the end of one-half 
 year from the time of your being served with this notice. 
 Dated, &c., [as in § 726.] 
 
 § 729. Notice to Tenant to Quit the Premises, or Pay Double 
 
 Value. 
 
 Sir : I hereby give you notice to quit, and yield up, on the 
 day of next, possession of the messuage, lands, tenements 
 
 and hereditaments, which you now hold of me, situate at , in 
 
 I the town of , and county of ; in failure whereof, 1 
 
 shall require and insist upon double the value of the said premises, 
 according to the statute in such case made and provided. 
 
 Dated, <fec., [asm §726.] 
 
396 NEW CLERK'S ASSISTANT. 
 
 § 730. JSbtice of Intention to Be-enier, under the Law q/" 1846.' 
 
 To CD.: . 
 
 You are hereby notified, that I shall re-enter the premises known 
 as number 347, street, in the city of , now occupied 
 
 by you under a demise from me, on the day of next, 
 
 you having made default in the payment of the rent for the same. 
 
 Dated, &c., [as in § T26.] 
 
 8 731. Oath of Holding Over — to he Made by the Landlord, or 
 Lessor, or his Legal Representatives, Agents, or Assigns. 
 
 County, ss: 
 A. B., of said county, merchant, being duly sworn, doth depose 
 and say, that on or about the day of , A. D. 18 , 
 
 he let and rented unto C. D., of , m said county, the house 
 
 and lot known as number , in street, in , 
 
 aforesaid, for the term of one year from the first of May then next 
 which said term has expired ; and that the said C. D., or his assigns, 
 hold over and continue in possession of the said premises * without 
 the permission of this deponent 
 Sworn to, this day of , ) 
 18 , before me, ) 
 
 A. M., Justice of the Peace. 
 
 § 732. Summons to Remove Tenant Holding Over. 
 
 To C. D., of , or any other person claiming possession of the 
 
 premises hereinafter mentioned : 
 Whereas, A. B., of said of , has made oath, and 
 
 presented the same to me, that on or about the day of , 
 
 1 The section of the statute, (Laws of 18i6, chap. 274, § 3,) under which this notice ma> 
 be given, was designed to protect parties to leases then in existence, after the abolition of 
 distress for rent. The notice, therefore, is necessary only in cases where the right to re- 
 enter was reserved, provided there was not a " sufficiency of goods and chattels whereon 
 to distrain." Service of the notice must be made personally, on the grantee or leasee, or 
 by leaving the same at his dwelling-house on the premises. 
 
 a Previous to issuing this summons, in the case of a tenancy at will, or by sulferanc^, 
 the magistrate must be satisfied by affidavit, that the tenancy has been terminated by giv- 
 ing the requisite notice. Where a person holds over when real estate has bpen sold or 
 an execMtion, the magistrate must be satisfied in lilce manner, that a demand of possession 
 of the premises has been made. The time specified in the summons to appear and show 
 cause, should be either on fhe same day, if reasonable, or not less than three, nor more 
 than five days, from the time of serving such summons. The service may be made, by 
 delivering to the tenant to whom it shall be directed, a true copy of the summons, and at 
 the same time showing him the original ; or, if the tenant be absent from his last or usual 
 place of residence, by leaving a copy thereof at such place, with some person of mature 
 age residing on the premises. (2 R. g., (3d ed,.') C04, S i 30, 31, el scq.) 
 
LANDLORD AND TENANT. 39 / 
 
 he rented unto you, the said C. D., the house and lot known as num- 
 ber , in street, in said , for the term of 
 , from the day of , then next ensuing ; 
 and that you, or your assigns, hold over and continue in possession 
 of the said premises after the expiration of the aforesaid term therein, 
 ■without the permission of the landlord: Therefore, in the name of the 
 people of the State of New York, you are hereby summoned and 
 required, forthwith to remove from the said premises, or show cause 
 before me, at my oflfice in , on the day of , 
 at o'clock in the noon, why possession of the said premises 
 should not be delivered to the landlord. 
 
 Witness my hand, the day of 18 . 
 
 G. H., County Judge. 
 
 § 733. Affidavit of Service of Summons. 
 
 County, ss: 
 
 R F., of said county, being duly sworn, says, that on the 
 day of instant, he personally served the within simimons 
 
 upon C. D., the tenant therein named, by delivering a true copy 
 thereof to him in person, and at the same time showing him the said 
 original summons. ^ 
 
 Sworn, (fee, \as in § 731.] R. P. 
 
 § 734. Warrant to Put in Possession, where Tenant Holds Over, 
 and does not Appear to the Swmmons. 
 
 To the Sheriff of the County of [or, to any one of the 
 
 Constables, or Marshals, of the City of or, of the 
 
 Town of , in the County of ,] greeting: 
 
 Whereas, A. B., of the of , in said coimty, has 
 
 made oath, and presented the same to me, that on or about the 
 day of, &c., [as in ^ 131 to the*, and then add/] without the permis- 
 sion of the landlord ; Whereupon I issued a summons requiring the 
 said tenant forthwith to remove from the said premises, or show 
 cause before me at a certain time now past, why the possession of 
 the said premises should not be delivered to the landlord ; and nc 
 sufficient cause having been shown to the contrary, and I being 
 satisfied, by due proof, of the service of the said summons, do there- 
 fore, in the name of the people of the State of New York, com- 
 mand you to remove all persons from the said premises, and to pui 
 the landlord in full possession thereof 
 
 Witness, &c., [as in § 732.J 
 
398 
 
 NEW CLERK'S ASSISTANT. 
 
 § 735. Affidavit of Befaidt in Paying Bent. 
 
 County, ss: 
 
 A. B., of .in said county, being duly sworn, says, that C 
 
 D. is justly indebted unto him in the sum of one hundred dollars, 
 due the day of ,18 , for the rent of a house and lot 
 
 known as number , in street, in , aforesaid ; 
 
 that he has demanded the said rent from the said 0, D., who has 
 made default in the payment thereoi^ pursuant to the agreement 
 under which the premises were let, and that he holds oyer and con- 
 tinues in possession of the same, without the permission of the land- 
 lord, after default in the payment, as aforesaid. 
 
 Sworn, &c., [os m § 731.] A. B. 
 
 § 736. Summons on Foregoing Affidavit — to he Served, <&e., 
 as § 732. 
 
 To C. D., and each and every person in possession of the demised 
 premises hereinafter mentioned, or claiming possession thereof: 
 
 Whereas, A. B., of the of , in the county of 
 
 , has made oath that you are justly indebted to him in the 
 sum of one hundred dollars, due the day of ,18 
 
 for rent of the house and lot known as number , in 
 
 street, in , aforesaid ; that he has demanded from you the said 
 
 rent, and that default has been made in the payment thereof, pur- 
 suant to the agreement under which the premises were let ; and that 
 you hold over and continue in possession of the same, without the 
 permission of the landlord, after default in the payment of the rent, 
 as aforesaid. Therefore, you, and each of you, are hereby suromon- 
 ed and required, forthwith to remove from the said premises, or^how 
 cause before me, at, &c., on the day of 18 , at 
 
 o'clock in the noon of that day. 
 
 Witness, &c., [as in § 732.] 
 
 § 737. Warrant to Pvi in Possession. 
 
 To the Sheriff, &c., \or, as in § 734,] greeting: 
 
 Whereas, A. B., of , in said county, made oath that C. 
 
 D. was iustly indebted to him in the sum of one hundred dollars, for 
 rent of the house and lot known as number , in 
 
 street, in , aforesaid ; that he demanded the said rent from 
 
 the said C. D., who had made default in the payment thereof, pur- 
 suant to the agreement under which the premises were let, arid that 
 hp held over and continued in possession of the same without the 
 
LANDLORD AND TENANT. 399 
 
 permission of tlie landlord, after suet default ; whereupon I issued a 
 summons requiring the tenant, and every person m possession of the 
 said premises, or claiming the possession thereof, forthwith to remove 
 therefrom, or show cause hefore me, at a certain time now past, 
 why the possession of the premises should not be delivered to the 
 said landlord;* and no good cause having been shown or any way 
 appearing to the contrary, and due proof of the service of such sum- 
 mons having been made to me, you are commanded to remove all 
 persons from the said premises, and put the said A. B. into the pos- 
 session thereof 
 
 Witness, <fec., [os in §732.] 
 
 § 'r38. Eeturn of Officer to Warrant. 
 
 Pursuant to the command of the above warrant, I have this day 
 put the landlord into fuU possession of the "premises therein men- 
 tioned. 
 
 Dated this day of ,18 
 
 H. C, Constable, \or, Marshal,] of, &c. 
 
 § 739. Affidavit to Oppose Issuing Warrant of Removal.^ 
 
 County, ss: 
 
 C. D., of j being duly sworn, says, that he denies the fol- 
 
 lowing allegations stated in the oath of 0. D., made on the day 
 
 of ,18 , in order to obtain the removal of this deponent 
 
 from the following premises: [describe them:'\ that is to say: he 
 denies that \ state the facts denied.^ 
 
 Sworn, &c., [os m § 731.] 
 
 § 740. Precept for a Jury where the Eemovalis 
 To the SheriflF, &c., [or, as in ^ 734,] greeting: 
 
 Whereas, on the day of ,18 , A. B., of 
 
 made oath, and presented the same to me, stating that, &c. ; [as in 
 § 737, to the * and then add:] and whereas, the said C. D. hath 
 
 1 Where the person in possession of the demised premises, or claiming the possession 
 makes an affidavit to oppose the warrant of removal, the matter controverted must be tried 
 bv a jury, provided either party demand the same, at the time of showing cause, before the 
 adjournment, and pay the necessary costs and expenses of obtaining the Jury, otherwise the 
 magistrate before whom the proceedings are had will decide the controversy (Laws of 1849 
 chap. 19S.) ^ • 
 
400 NEW CLERK'S ASSISTANT. 
 
 upon his oath denied the aforesaid allegations of the said A. B. : You 
 are therefore hereby commanded, in the name of the people of the 
 State of New York, to summon, [insert the names of twelve persons^] 
 being twelve reputable persons, qualified to serve as jurors in 
 courts of record, and nominated by me for the purpose, to appear 
 before me, at, &c., on, (fee, [not more than three days after the date 
 of the precept,'] for the purpose of trying ~the matter in difference 
 between the said A. B. and C. D. 
 Witness, &o., [as in § 732.] 
 
 741. Juror's Oath.'' 
 
 You, and each of you, do swear, that you wiU well and truly try, 
 hear and determine the matters in difltisrence now depending before 
 me, between A. B. and C. D., the parties to this proceeding, and a 
 true verdict give therein according to evidence. So help you God. 
 
 § 742. Officer's Oath to Keep Jury, after Evidence Given. 
 
 You do swear, that you will well and faithfully keep, in some 
 private and convenient place, this jury committed to yo^ir charge, 
 without meat or drink, water excepted You shali not suflfer any 
 person to speak to them, nor speak to them yourself unless to ask 
 them if they have agreed upon their verdict, until they have agreed 
 on their verdict, or are sooner discharged by me. So help you God. 
 
 § 743. Security for Bent on Proceeding for Non-Payment* 
 
 We hereby jointly and severally engage to pay A. B. the sum of 
 
 dollars, for rent due him for the occupation of, [describe the 
 
 premises,] and for the costs and charges of a certain application to 
 
 remove the undersigned 0. D. from the said premises, under the 
 
 provisions of the statute authorizing summary proceedings to recover 
 
 ^ Six of the jurors eummoned are to be drawn by the magistrate, in the same manner as i.. 
 justices' courts. The findin? of the jury, before a justice of the peace, or his decision, 
 where no jury is called, most be entered in his docket, and judf^ment rendered therefor 
 The judgment must also include the costs of the prevailing party, according to the rates pre 
 scribed lor similar services in civil actions in justices' courts, and the warrant fur delivery 
 must direct the collection of such costg, or an execution may be issued for that purpose 
 (liaws of 1849, chap. 193.) Where proceedings are had before a justice oi the peace, they 
 may be removed to the County Court by appeal. (See the note to § 743, p. 403. ) * 
 
 s Upon giving security satisfactory to the magistrate, the issuing of the warran' of removal 
 will be stayed. 
 
LANDLORD AND TENANT. 401 
 
 r 
 
 the ppssesaon of land in certain cases, vntihin ten days from the date 
 hereot 
 
 Dated and sealed, this day of ,18 
 
 CD. 
 
 E 
 
 L.M. 
 
 D. Ij. S.1 
 
 F. [L.S.] 
 
 M. [l. s.] 
 
 § 744. Ifotice to Remove, in a case of Tenancy ai WUl, to be 
 Served as in § 782. 
 
 To C. D., of : 
 
 You are hereby required to remove from, and quit the premises 
 which you now hold of me, situate in the village of , in the 
 
 coimty of , within one month after service of this notice. 
 
 Dated the day of ,18 
 
 Yours, <kc., A. B. 
 
 § 745. Affidavit to be Made by the Landlord to obtain Summons, 
 in a Case of Tenancy at WUl. 
 
 County, ss: 
 
 A. B., of , in said county, being duly sworn, says, that 
 
 since the day of , in the year , C. D., of the 
 
 same place, Jias held and occupied the house and lot in the 
 of , on street, where the said C. D. now resides, 
 
 as the tenant of this deponent, and at his will, and without any cer- 
 tain time agreed on for the termination of said tenancy ; and that this 
 deponent caused a notice in writing to be served on the said C. D., 
 in due form of law, on the day of last past, requiring 
 
 him to remove from the said premises within one month from the 
 day of service thereof ; And this deponent further says, that the said 
 tame has expired, and that the said (J. D., or his assigns, hold over 
 and continue in possession of the said premises after flie expiration 
 of the said time, without the permission of this deponent. 
 
 Sworn, &c., \asvn,% 731.] A. B. 
 
 § 746. Summons thereon to the Tenant, to Remove or Show Cause. 
 To C. D., of : 
 
 Whereas, A. B, has made oath in writing, and presented the same 
 to me, that since the day of , in the year 
 
 you have held and occupied the house and lot in the of 
 
 26 
 
402 NEW CLERK'S ASSISTANT. 
 
 in street, where you now reside, as his tenant, and at his 
 
 will, without any certain time agreed on for the termination of said 
 tenancy ; and that he caused a notice in writing to be served on 
 you in due form of law, on the day of last past, requiring 
 
 you to remoTe from said premises within one month from the day 
 of the service thereof ; and that the said time hath expired, but that 
 you, or your assigns, hold over and continue in possession of said 
 premises after the expiration of said time, without the permission of 
 the said landlord : 
 
 Therefore, in the name of the people of the State of New York, 
 you are hereby summoned and required, forthwith to remove from 
 the said premises, or show cause before me, at my ofi&ce, in the town 
 of , in said county, on the day of instant, why 
 
 possession of the said premises should not be delivered to the said 
 landlord. 
 
 Witness, &c., [as in § 732.] 
 
 § 747. Warrant to Remove the Tenant. 
 
 To any Constable of the Town of , in the County of , 
 
 greeting : 
 
 Whereas, A. B. made oath in writing, and presented the same to 
 me, that since the day of , in the year , C. 
 
 D., of , has held and occupied the house and lot in the 
 
 of , in street, where he now resides, as his tenant 
 
 and at his will, without any certain time agreed on for the termina- 
 tion of said tenancy ; and that he caused a notice in writing to be 
 served on him, the said tenant, in due form of law, on the day 
 
 of last, requiring him to remove from said premises within 
 
 one month from the day of the service thereof : and that the said 
 time has expired, but that the said tenant, or his assigns, held over 
 and continued in possession of said premises after the expiration of 
 said time, without the permission of said landlord ; whereupon I issued 
 a summons, requiring the tenant to remove from said premises, or 
 show cause before me, at a certain time now past, why the landlord 
 should not be put in possession of said premises ; and due proof of 
 the service of said summons having been made to me, and no good 
 cause against the landlord's application having been shown, or any 
 way appearing : Therefore, the people of the State of New York 
 command you to remove all persons from the said premises, and put 
 th( said A. B. into the full possession thereof 
 
 Witness, &c., [as in § 732.] 
 
LANDLOED AND TENANT. 403 
 
 § 748. Affidavit for Appeal to Cormty Court} 
 
 County, ss: 
 
 C. D.,, of said county, being duly sworn, deposes and says, that on 
 
 the day of 18 , A. B., of , in said county, 
 
 made and presented to G. H., Esquire, a Justice of the Peace, in and 
 
 for said county, his affidavit, of which the following is a copy, to wit: 
 
 \Insert here the affidavit.'] 
 
 Whereupon the said Justice issued his summons, dated on the 
 day of , 18 , requiring this deponent forthwith k» 
 
 remove from the premises, in the said affidavit of the said A. B. men- 
 tioned, or to show cause before the said Justice, at his office in , 
 on the day of ,18 , at o'clock in the noon, why 
 possession of the said premises should not be delivered to the land - 
 lord ; [7j^ the summons is informal, insert a, copy of it/] on which 
 said day, to wit, the day of , 18 , the said A. B. and 
 the said C. D. appeared before the said Justice, whereupon the fol- 
 lowing proceedings were had : \JIere state the proceedings, with the 
 evidence of the witnesses, if any were sworn^ 
 
 Deponent further says, that upon such hearing, the Justice gave 
 judgment for the said A. B., that the said premises in his said affi- 
 davit mentioned, should be delivered to him as the landlord ; \or, 
 against the said A. B., and that the said premises in his said affidavit 
 mentioned, should not be^ delivered to him as the landlord.] 
 
 And deponent assigns the following grounds of error, upon which 
 he appeals to the County Court of the said coimty of , 
 
 to wit: 
 
 \State the grounds of error distinctly and concisely.'] 
 
 Sworn, &c., [as in § 731.] C. D, 
 
 I hereby allow the within appeal, this day of , 
 
 18 . 
 
 J. P. H., County Judge, 
 
 1 The proceedings before a Jiutice of the Peace, under the act authorizing the remoral of 
 tenants, &c, . may be removed br appeal to the County Court of the county, m the same man* 
 ner, and with the like efiect, and upon like security, as appeals from the j udgment of Justices 
 of the Peace in civil actions : but the decision of the County Judge must be a reversal or 
 afllrmance of the justice's judgment, and will be final. But where the tenant appeals, and 
 desires the issuing of the warrant or execution to be stayed, security must also be given for 
 the payment of all rent, accruing or to accrue subsequent to the application to the Justice. 
 The security must in all cases be approved by the County Judge at the time of allowing dlt 
 appeal, and served on the justice with the affidavit for appeal. (Laws of 1849, chap. 193.) 
 
404 NEW CLEKK'S ASSISTANT 
 
 § 749. Ifotice ofAppeal^ 
 
 In the matter of] 
 A. B., landlord, I Summary proceeding to recover possession ol 
 against ( land, before Q-. H., Esq., Justice of the Peace. 
 
 C. D., tenant J 
 
 Sir: Please take notice, that C. D., afebve named, appeals from the 
 judgment rendered against him by G. H., Esquire, Justice of the 
 Peace aforesaid, on the day of last, which judgment 
 
 is mentioned and referred to in the ■within [or, annexed] affidavit, 
 and herewith served on you, to the County Court of the county of 
 ; and that the said appeal will be heard by the Hon. J. P. 
 H., County Judge, at his office in the city of , on the 
 
 day of next, at ten o'clock in the forenoon. 
 
 Dated , July 30th, 18 . C. D. 
 
 ToA.B. 
 
 § 750. UndertaMng on Appeal 
 
 In the matter of "| 
 
 A. B., landlord, ■ ( Summaiy proceeding to recover possession of land, 
 
 against | before Or. H. Esq., Justice of the Peace. 
 
 C. D., tenant J 
 
 C. D., above named, having appealed to the County Court of 
 
 county, from the judgment rendered against him m 
 
 this proceeding, [describe the jvdgmenl:'\ Now, therefore, in order to 
 
 stay the exeqution of the said judgment, and in consideration thereof, 
 
 we, L. M. and S. T., undertake and promise to, and with the said A. 
 
 B., that if judgment be rendered against the said C. D., on the said 
 
 appeal, and execution thereon be returned unsatisfied in whole or in 
 
 part, we wUl pay the amount unsatisfied: [If the appeal is made by 
 
 a tenant, add: And we do further promise and imdertake, to and 
 
 with the said A. B., that the said C. D. shall pimctuaUy pay all rent 
 
 accruing or to accrue upon said premises subsequent to the applica- 
 
 > A copy of the affidavit for appeal, and a notice of the appeal, must be served on the op* 
 poaite party, within twenty days after the rendition of the judgment, and also on the justice. 
 If lhe_party be a resident of the county, the service may be personal, or by leaving the copy of 
 lae affidavit and notice at his residence, with some person of suitable age and discretion; If 
 not a resident, the service may be on the attorney or agent, if any, who is a resident of ths 
 city or county, who appeared for him <m the trial. 
 
LANDLORD AND TENANT. 405 
 
 (ion to the Justice, at the time or times when the same becomes due 
 and payable, and that in default thereof, we will pay the same.] 
 Witness our hands and seals, this day of 
 
 18 . 
 
 L. M. [l. s.] 
 S. T. [l. s.] 
 I approve of the above undertaldng and the surety [or, sureties,] 
 therein mentioned. 
 
 J. P. H., County Judge. 
 
 § 751. Petition and Affidavit, where Premises are Vacated. 
 
 To S. T., one of the Justices of the Peace of the county of : 
 
 The petition of A. B., of in said county, respectfully 
 
 showeth: That he demised to C. D., of, &c., the premises lately 
 occupied by the said C. D., on street, in the village of , 
 
 in said county, for the term of one year from the day of , 
 
 one thousand eight hundred and , at the yearly rent of 
 
 dollars, payable quarter yearly; that the said C. D. entered into the 
 possession of the said premises as tenant thereof, by virtue of the smd 
 demise, and is now indebted to your petitioner in the sum of 
 dollars, for one quarter's rent of the said premises, due the day 
 
 of ,18 ; and that he has deserted the same, leaving the 
 
 said rent in arrear, and the premises unoccupied and uncidtivated. 
 
 Your petitioner, therefore, requests that you go upon and view the 
 premises, and if satisfied, upon such view, that the premises are so 
 deserted, that you afiSx a notice in writing upon a conspicuous part 
 thereof, requiring the tenant to appear and pay the said rent 
 
 Dated the day of , 18 . A. B. 
 
 County, ss: 
 
 A. B., of said county, being duly sworn, says, that the facts set 
 forth in the above petition subscribed by him, are true. 
 
 Sworn, &c., [as in § 731.] 
 
 § 752. Notice of Justice on Foregoing Petition. 
 
 NOTICE. 
 
 To C. D., of : 
 
 You are hereby notified, that at the request of A. B., your land- 
 lord, and upon due proof made to me that he had demised to you the 
 premises upon which this notice is afifixed, and that you were in 
 arrear for one quarter's rent, amounting to dollars; and that 
 
 you had deserted the premises, leaving such rent in arrear, and left 
 
406 IJEW CLERK'S ASSISTANT. 
 
 them unoccupied and uncultiTated, I have viewed tue said premisesj 
 and am satisfied, upon such view, that the same have been so desert-' 
 ed; Therefore, you are hereby required to appear, on the day of 
 , at o'clock in the noon, at the place where this 
 
 notice is affixed, and pay the rent due, or the landlord will be put in 
 possession of the premises. 
 
 Dated the day of ,18 
 
 S. T., Justice of the Peace. 
 
 § 753. Record of Justice, where Premises are Deserted.^ 
 
 State of New York, ) 
 County, J 
 Be it remembered, that on the day of , one 
 
 thousand eight hundred and , A. B., by petition presented to 
 
 me, set forth that he had demised to C. D., &c., [as in petition;'] and 
 for which there is now due to the said A. B., for arrears of rent for 
 the same, the sum of dohars ; that C. D. deserted the 
 
 premises, leaving the said rent in arrear, and left the premises un- 
 occupied and uncultivated; whereupon, at the request of the said 
 A. B., and upon due proof of the facts set forth as above, I did go 
 upon and view the premises, and was satisfied, upon such view, that 
 the premises were so deserted : Therefore, a notice in writing was 
 affixed by me upon the front door of the dwelling-house thereupon, 
 requiring the said C. D. to appear on the day of , 
 
 at o'clock in the noon, at the place where the 
 
 said notice was so affixed, and pay the rent due ; at which time and 
 place I again viewed the premises, and the tenant not appearing anrt 
 denymg tnat any rent was due to the landlord ; nor he, nor any per- 
 son for him appearing to pay the rent in arrear, I did put the said 
 A. B., the landlord, in possession of the premises above mentioned, 
 free and clear of any demise to the said C. D., the same being by 
 law from thenceforth declared void- 
 Witness my hand, this day of , 18 . 
 
 S. T., Justice, <fec. 
 
 1 If the tenant appear at the time specified in the notice, and den^ that any rent is due to 
 the landlord, all proceedings will cease ; but if, upon the second view, the tenant or some 
 one for him, does not appear and pay the rent in arrear, then the Justice may put the land 
 lord into possession, and any demise of the premises to the tenant will, from thenceforth, be- 
 come void. An appeal from the Justice's proceedings may be made by the tenant, at any 
 time within three months after such possession is delivered, to the County Court of tlie 
 county. Security is to be given satisfactory to the Justice, as in § 7i34, and he is also to be 
 served with notice of the appeal. The Justice must servo the landlord with the like notice 
 of the appeal, and return tne proceedings had before him to the court, within ten days after 
 the notice and security shall be given by the tenant. The court is required to examine the 
 proceedings, and hear the proofs and allegations of the parties, in some summary way, and 
 «uch court may order restitution of the premises to be made to the tenant, with costs to be 
 Daid by the landlord ; in case of affirmation, cost may be awarded against the tenant. 
 
LANDLORD AND TENANT. 407 
 
 § 754. Bond on Appeal from Justice'* Proceedings. 
 
 Know all men, &c. ; [as in the usuod form, to the condition, and 
 then add:1 Whereas, certain proceedings hare been had, at the in- 
 stance of A. B., against C. D., before 8. T., one of the Justices of 
 the Peace of the county of , trnder color of the pro- 
 
 visions of the statute authorizing summary proceedings to obtain 
 possession of demised premises when deserted by the tenant; whereby 
 the said A. B. was, on the day of last, put into 
 
 the possession of certain premises by him demised to the said C. D., 
 from which proceeding's the said C. D. hath appealed to the County 
 Court of said county. 
 
 Now, therefore, the condition of this obligation is such, ihat if the 
 said 0. 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 obliga- 
 tion shall be void ; otherwise of full force. 
 
 Sealed and delivered ) C. D. [l. s.l 
 
 in presence of > E. F. [l. s.l 
 
 A.M. ) 
 
 I approve of this bond as the security for the appeal therein men- 
 tioned. S. T., Justice. 
 
 § 755. Notice to the Justice of the Appeal. 
 
 To S. T., Esq., Justice of the Peace: 
 
 Sir : I have appealed, and do hereby appeal, to the County Court 
 of the county of , 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 , in the county of , 
 
 under color of the provisions of the statute authorizing summary pro- 
 ceedings 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. Dated the day of , 18 , 
 
 Yours, &c., C. D. 
 
 § 756. Notice to the Landlord of the Appeal. 
 ToA.B.: 
 
 Sir : You vrill take notice, that C. D., upon giving the required 
 security, has this day appealed to the Coimty Court of the county 
 of , from my proceedings at your instance, and by which 
 
 you have been put in possession of the premises situate in , in 
 
 said county, and demised by you to the said C. D., for the term 
 of years. 
 
 Dated this day of ,18 
 
 Yonrs, &o., S. T., Justice. 
 
408 HEW CLERK'S ASSISTANT. 
 
 § 757. Complaint for Forcible Entry, and Affidavit^ 
 
 County, ss: 
 The complaint of A. B., of , in said county, to G. H., Esq., 
 
 County Judge of said county, showeth : That C. D., of , afore- 
 
 said, on the day of , in the year , at the town 
 
 of , in the county of , aforesaid, did unlawfully make a 
 
 forcible entry into the lands and possessions of this complainant, to 
 wit: the dwelling-house and appurtenances of this complainant there 
 situate, bounded, &c., [insert boimdaries/] and then and there did 
 violently, forcibly, and unlawfully, and with strong hand, eject and 
 . expel the complainant from his said lands and possessions, wherein 
 this complainant had, at the time aforesaid, an estate of freehold, [or, 
 suck other estate, as the case may 5e,] then and stiU subsisting ; and 
 that the said C. D. still doth hold and detain the said lands and pos- 
 sessions from the said A. B., unlawfully, forcibly, and with strong 
 hand, and against the form of the statute in such case made and pro- 
 vided. 
 
 Dated this day of , in the year 
 
 A.B. 
 County, ss: 
 A. B., of , in said county, being duly sworn, says, that the 
 
 facts and circumstances stated and set forth in the foregoing com- 
 plaint, by him signed, are true. 
 Sworn, &o., [as in § 731.] A. R 
 
 § 7S8. Precept to Svimmon the Jwy of Inquiry. 
 County, ss: 
 To the Sheriff, or any Constable, of the County of : 
 
 In the name of the People of the State of New York, you are here- 
 by commanded to cause to come before me, at the house of , 
 in the town of , in said county, on the day of in- 
 stant, at • o'clock in the noon, twenty-four good and lawful 
 inhabitants of the said county, duly qualified by law to serve as jurors. 
 
 1 The complaint may be made by any party in the actual and peaceful possession of laiida 
 at the time a forcible entry i« made, or in the constructiTe possession where there is a forci- 
 ble holding out. Upon receiving the complaint, the Judge isaues Voa precept to summon a 
 jur)^, to the Sheriti or a Constable of the county, and at the same time notifies the party 
 agamst whom the complaint is made, of the time and place of trial ; which nbtice ia to be 
 served in the same manner aa directed in the note to § 732. At the time appointed for the 
 return of the jprecept, the Judge administers an oath to the persons returned summoned, 
 who appear, not bemg less than thirteen, nor more than twenty-three, well and truly to in- 
 quire mto the matters complnined of, and a true inquisitioi^ thereon to make. The jury then 
 proceed to inquire into tiie matter, and hear the testimony ;' the inquisition is to be made and 
 signed before the Judge, and delirered to him. 
 
LANDLORD AND TENANT. 409 
 
 to inquire upon their oaths for the said people, of a certain forcible 
 entry and detainer unlawfully made by C. D., as is said, into the 
 dwelling-house of one A. B., in the town of , in said county, 
 
 against the form of the statute in such case made and provided. 
 And have you then there this precept 
 
 Given under my hand, the day of , in the year 
 
 G. H., County Judge. 
 
 § 769. Notice to the Person Complained of. 
 To CD.: 
 
 On the complaint of A. B., of the town of , in the county 
 
 of J , made to me, the undersigned, G. H., County Judge of 
 
 said coimty, that you did unlawfully make a forcible entry into the 
 dwelliug-house of the said A B., situate in said town, and bounded, 
 [insert description,'] and then and there did violently, forcibly, un- 
 lawfully, and with strong hand, eject and expel the said A. B. from 
 his Siild dwelling-house, and do stUl unlawfully and forcibly, and with 
 strong hand, detain and hold the said dwelling-house, and the "posses- 
 sion thereof, from the said A. B. : I have this day issued my precept, 
 directed to the Sheriff, or any Constable, of said county, commanding 
 him to cause to come before me, at the house of , in the town 
 
 of , in said county, on the day of instant, at 
 
 o'clock in the noon, twenty-four good and lavrful inhabitants of 
 
 the said county, duly qualified by law to serve as jurors, to inquire 
 upon their oaths of the said forcible entry and detainer ; of all which 
 you are notified. 
 
 Dated this day of , 18 . 
 
 G. H., County Judge. 
 
 § 760. Affidavit of Service of Preceding Notice. 
 
 County, ss: 
 
 R R, of said county, being duly sworn, says, that on the day 
 
 of instant, he served a notice, of which the annexed is a copy, on 
 
 C. D., by delivering the same to him personally, [or, by delivering 
 
 the same on the premises in question, to A D., the son of the said 
 
 C. D., of the age of twenty years and upwards, because the said C. 
 
 D. could not be found ; or, by afiBxing the same on the front door 
 of the house in question, there being no person on the premises* or, 
 by aflSxing the same on the post at the principal entrance o* wid 
 
 R 
 
410 -NEW CLERK'S ASSISTANT 
 
 premises, being a public and suitable place, and there bong no house 
 or person on said premises.] 
 
 Sworn, &c., [as in § 731.] R F. 
 
 § 761. Inquisition of the Jury. 
 Stateof New-York, )g. 
 County, j 
 An inquisition taken at the house of , in the town of 
 
 , in the county of- , on the day of 
 
 , in the year , by the oaths and affii-mations of E. 
 
 F., &o., [insert the names of the jurors sworn, or hy whom the in- 
 quisition is signed^ iahabitants of said county, duly qualified to 
 serve- as jurors, before G. H., Esq., County Judge of said county, 
 who say upon their oaths and affirmations aforesaid, that A. B., of 
 the town of , aforesaid, long since had an estate of free- 
 
 hold, [or, as the estate may 6e;] in the dwelling-house, with the ap- 
 purtenances, situated in the town of , aforesaid, and 
 bounded, &c., [as in complaint f^ and that the said A. B. was long 
 since lawfully and peaceably possessed thereof; and that his said es- 
 tate and possession so subsisted and continued, until C. D., of the 
 same place, on the day of , &c., did forcibly 
 and unlawfully, and with strong hand, enter into the said land and 
 premises, and expel him, the said A. B., therefrom ; and the said A. 
 B., so expelled from the said dwelling-house, with the appurtenances 
 aforesaid, from the said day ofi <fec., imtil the day of the 
 taking of this inquisition, xmlawfuEy and forcibly, and with strong 
 hand, did keep out, and doth yet keep out, to the gTeat disturbance 
 of the people of the State of New York, and contrary to the form 
 of the statute in such case made ; and that the said estate of the 
 said A. B. still subsists therein.. 
 
 And we, the jurors aforesaid, whose names are hereto set, do, on 
 the evidence produced before us, find the inquisition, aforesaid, true. 
 
 E. F., &c., &c. 
 
 § 762. Venire for Petit Jury. 
 County, ss: 
 To the Sheriff, or any Constable, of said County, greeting : 
 
 The People of the State of New York command you to summon, 
 personally, twelve good and lawful men of the town of , 
 
 ' If the inquisition is not traversed within twenty-four hours, the Judge issues his warrant 
 to make restitution immediately. The party complained against may, however, travers* 
 the inquisition, in writing, (5 739,) denying the forcible entry or forcible holding out, or »!■ 
 
LAlfDLORD AND TENANT. 411 
 
 in said county, duly qualified to serve as jurors, and not exempt from 
 serving on juries in Courts of Eecord, and in no wise of kin to A. 
 B., or to C. D., to come before G. H., Esq., County Judge of said 
 coimty, at the touse of , m the town of , afore- 
 
 said, on the day of instant, to make a jury of 
 
 the county, upon their oaths to try a certain traverse of an inquisition 
 found upon ttie complaint of A. B., and now pending before the 
 s^d Judge, against C. D., of county, for a certain forcible 
 
 and unlawful entry made by the said C. D., into the dwelling-house 
 of the said A. B., in the town of , in said county, and for 
 
 the forcible and unlawftd detainer thereof, against the form of the 
 statute in such case made and provided ; and that you make a list of 
 the persons summoned, certify and annex the same to this precept, 
 and make return hereof to me. 
 Given, &c., [as in § 758.] 
 
 § 763. Warrant to the Sheriff, or Comtable, to make Restitution} 
 
 County, ss: 
 The People of the State of New York, to the Sheriff, or any ConstSr 
 ble, of said County, greeting: 
 Whereas, A. B., of , in said county, did, on the day 
 
 of last, make complaint, duly verified by oath, to the under- 
 
 signed, G. H., County Judge of said county, that C. D., of , 
 
 aforesaid, on the day of, &c., [recite the tomplaint, and the 
 
 subsequent proceedings, and then addf\ 
 
 Tou are, therefore, hereby commanded to go to the -said premises, 
 taking with you the power of the county, if necessary, and cause the 
 
 leging that he or hla ancestors, or those whose interest he claims, have been m quiet pos- 
 session of the premises, for three whole years next before such inquisition found, and that 
 his interest therein is not ended or determined ; and if the traverser pay to the Jndge the 
 fees of summoning a jury to try such traverse, and thejurors' and Judge's fees on such wial, all 
 further proceedings on the complaint will be stayed until the traverse be tried. Any person 
 may make affidavit before the Judge, that the party complained of is his tenant, under a 
 valid subsisting demise, and traverse the inquisition in like manner. Upon such traverse be- 
 ing made, the Judge issues his precept to summon twelve jurors to try the same, at a time 
 not leas than four, nor more than eight days thereafter. Twenty-four hours' notice to a 
 juror is suflBcient. ^ The jurors are to be impaimeled and sworn, as in civil actions. On the 
 trial, the title is not to be Investigated ; except so far as the complainant is required to show 
 the actual or constructive possession required ty the statute ; ana the tenant may show three 
 years' possession, as above mentionedj which showing will be a complete bar to the prosecu- 
 tion. If the jury find for the complainant, the JudgT issues a warrant to make restitution, 
 unless the proceedings be removed to the Supreme Court, by certiorari, which may be allow- 
 ed by a Justice of the Supreme Court, or other officer authorized to perlbrm the duties of 
 such Justice at chambers. 
 
 ■ All the proceedings are to be recited in the warrant of restitution, and the Judge is requir- 
 ed, in the same or in a separate precept, to direct the. costs and expenses to be levied and 
 collected, in the same manner as on j udgments in Justices' Courts, m personal actions. Tlin, 
 form of warrant may be adapted to either case, whether the original inquisition betraverset^ 
 or otherwise. 
 
412 HEW CLERK'S ASSISTANT. 
 
 said A. B. to be restored and put in full possession of the said dwell- 
 ing-house and premises, according to his estate and right therein 
 before the said entry, in pursuance of the statute in such case made 
 and provided. 
 
 And you are also commanded to leyy the sum of $ , of the 
 
 goods and chattels of the said C. D., (excepting such goods and 
 ehattels as are by law exempt from execution,) and to bring the 
 money before me within thirty days from the date hereof, to render to 
 tie said A. B. ; and if no goods or chattels can be found, or nol 
 sufficient to satisfy the said sum of money, you are commanded to 
 take the body of the said C. D., and convey him to the common jail 
 of the said county, there to remain until the said sum of money, and 
 your fees for collecting the same, shall be satisfied and paid. 
 
 Given, Ac, {as in § 158.'] 
 
 § 764. Complaint for a Forcible Detainer, or Holding Out after 
 a JPeaceable Entry, and AffidMit. 
 
 Comity, ss: 
 The complaint of A. B., of , in said coimty, to G. H., 
 
 Esq., County Judge of said county, showeth ; 
 That the said A. B., on the day of , in the year , 
 
 and long before that day, had an estate of freehold, \or, & term of 
 years, as the case may 6e,] in all that certain lot of land, with the 
 house and other buildings thereon, and the appurtenances, situate in 
 the town of , in said county, bounded as follows: [insert 
 
 descriptioni\ ; and which said estate of freehold \or, which said term 
 of years] is still subsisting; And that C. D., of the town of , 
 
 aforesaid, on the day of , aforesaid, while the said A. B. 
 
 was in the possession of the said premises, entered thereon in a peace- 
 able manner, and thenceforth by force, and with strong hand, hath 
 held and kept, and still holds and keeps, the said A B., out of the 
 possession thereof, contrary to the form of the statute in such case 
 made and provided. 
 
 County, ss : 
 
 A. B., of , in said county, being duly sworn, says, <bo., 
 
 [o» in the affidavit to § 151, to the end.} 
 
CHAPTER XXVn. ■ 
 
 LUNATICS. 
 
 PRACTICAL REMARKS. 
 
 1. No patient can be admitted into the State Lunatic Asylxun, at 
 Utica, except upon an order of some Court, Justice, or Judge, with- 
 out lodging with the Superintendenl^ — first, a request under the 
 hand of the person by whose direction he is sent, stating his age and 
 place of nativity, if mown ; his christian and surname, place of resi- 
 dence, occupation, and degree of relationship, or other circumstances 
 of connection between him and the person making the request,— 
 and second, a certificate, dated within two months, under oath, signed 
 by two respectable physicians, of the fact of his being insane. Each 
 person signing such request or certificate, must annex to his name 
 his profession or occupation, and the town, county, and state; of his 
 residence, unless these facts appear upon the face of the document' 
 
 2. When a person in indigent circumstances, not a pauper, becomes 
 insane, application may be made in his behalf to the County Judge 
 of the county in which he resides; and said Judge is required to 
 give reasonable notice to one of the superintendents of the poor of 
 the county, or overseer of the town, to be charged with the support 
 of the limatic, and to call two respectable physicians, and other cre- 
 dible witnesses, and investigate the facts of tibe case, either with or 
 without a jury, at his discretion. If the Judge is satisfied of the 
 insanity and indigence of the person, and that he became so within 
 one year previqus, he wiU give his certificate, which, if authenticated 
 by the County Clerk and seal of the County Court, will admit such 
 person into the Asylum, to be supported there at the expense of his 
 county, tmtil he be restored to soundness of mind, if effected in two 
 
 > Laws of 1842, chap. 135, S 19 
 
414 jNEW CLERK'S ASSISTANT. 
 
 years. On granting the certificate the Judge may, in his discretion, 
 require the friends of the patient to give seciirity to the Superin- 
 tendent of the Poor of the county to remove the patient from the 
 Asylum at the end of two years, in case he does not recover.' 
 
 3. The expenses of a lunatic sent to the Asylum in indigent cir- 
 cumstances, but not a "pauper," or "furiously mad," cannot be 
 charged to his toirti by the county." 
 
 FOEMS. 
 
 § 765. Request to Superintendent for the Admission of a Patient. 
 To 0. R., Esq., Superintendent of the State Lunatic Asylum at 
 Utica: 
 I hereby request that C. D., [give the name of the patient in full,'] 
 my son, [or, lately in my employ : or, as the case may 6e,] who re- 
 sides in the town of , in the county of , and State 
 of , may be admitted as a patient into the said asylum. Said 
 C. D.. was born in the town \or, parish] of , in the county 
 of , and State \or, kingdom ; or, province,] of : 
 his age is years, and his occupation a clerk, [or, as the oast 
 may 4e.] 
 
 A. B., Merchant, of the town of , in 
 
 the county of , and State of 
 
 § 766. Certificate of Physicians to Accompany the Bequest. 
 
 In the matter of ) 
 C. D., a lunatic: j 
 
 We, the underagned physicians, residing in the town of , 
 
 in the county of , and State of New York, do hereby certify, 
 
 that we have carefully examined into the mental state and condition 
 of C. D., above named ; and that, in our opinion, formed upon such 
 examination, the said 0. D. is insane. 
 
 Given under our hands, this day of , 18 . 
 
 . L. B. 
 S. W. 
 
 • Law8 of 1842, chap. 13S, 5 26 j Laws of I » 7 Hill, 171. 
 1860, chap. 282. | 
 
LUNATICS. 415 
 
 County, ss: 
 L. B and S. W., of said county, being by me severally sworn, 
 depose and say, and each for himself deposes and says, that the facts 
 stated and set forth in the above certificate, by him signed, are true. 
 Sworn to, this day of , ) L. B. 
 
 18 , before me, j S. W. 
 
 H. T. C, Justice of the Peace. 
 
 § "^e?. Application to County Jvdge, and Affidavit. 
 To the Hon. J. P. H., County Judge of the County of : 
 
 The petition of A. B., of the town of , in said county, 
 
 respectfully showeth : That C. D., now a resident of the said town, 
 is, and for the term of years last past, has been, a lunatic; 
 
 that he is now in the care and custody of E. R, at the town afore- 
 said ; that he is in indigent circumstances, and has no property in his 
 own possession, or held by any person in trust for him, sufficient for 
 his support, [or, for the support of himself and family,] under the 
 visitation of insanity aforesaid : Your petitioner therefore prays, that 
 an examination and investigation may be had in the premises, pursu- 
 ant to the provisions of the act entitied " An Act to organize the State 
 Lunatic Asylum, and more eflfectuaUy to provide for the care, main- 
 tenance, and recovery of the insane," passed April 7, 1842, and the 
 act entitled "An Act in relation to the State Lunatic Asylum," passed 
 April 10, 1850. 
 
 A. B. 
 County, ss: 
 
 A. B., of said coxmty, being duly sworn, says, that the facts and 
 circumstances stated and set forth in the foregoing petition, by him 
 signed, are true. 
 
 Sworn, (fee, \as in § 766.] A. B. 
 
 § 768. Order of Judge on the Foregoing Petition. 
 
 In the matter of C. D., ) 
 dn aHedged indigent lunatic: ) 
 
 Upon the petition of A. B., of the town of , in the county 
 
 of , herein presented to me, and duly verified, it is ordered: 
 
 That J. T. P. and D. D., two respectable physicians of the said 
 county, be hereby designated and appointed, pursuant to the provis- 
 ions of the act entitled, &c., [as m § 767,] to examine the said C. 
 D. in respect to his alledged insanity, within days after they 
 
 shall be respectively served with a copy of this order, certified bv 
 me ; and that they appear before me at my office in , oa the 
 
416 NEW CLERK'S ASSISTANT. 
 
 day of instant, [or, next,] at ' o'clock in the 
 
 noon, and certify their respective opinions in relation thereto; 
 and that, at the time and place aforesaid, other witnesses be exam- 
 ined touching the mental condition and pecimiary circiunstances of 
 the said C. D. 
 
 J. P. H., Coimty Judge of the county of 
 
 § 769. Svhpoena to Witness. 
 County, ss; 
 To E. R, 0. P., &a, &c., of said County, greeting: 
 
 You, and each of you, are hereby commanded, in the name of the 
 people of the State of New York, to appear before me, at my office 
 in , on the day of instant, [or, next,] at 
 
 o'clock in the noon, to testify what you, or either 
 
 of you, may know, touching the mental condition and pecuniary cir- 
 cumstances of C. D., now of the town of , in said county. 
 Given under my hand, at , this day of , 18 . 
 
 J. P. H., County Judge, <fec. 
 
 § 770. Notice to Superintendent or Overseer. 
 To E. R, one of the Superintendents of the Poor of the Counfy ol 
 [or, an overseer of the poor of the town of in the 
 
 County of .] 
 
 Sir : You will please take notice that an application has been 
 made to me m behalf of C. D., of in said county, an aUedged 
 
 indigent lunatic, praying for an examination and iavestigation under 
 the act entitled "An Act to organize the State Lunatic Asylum, &c.," 
 passed April 7, 1842, and the act entitled "An Act in relation to 
 the State Lunatic Asylimi," passed April 10, 1850; and that a hear- 
 ing upon the said application will be had at my office in the of 
 , on the day of , instant, [or, next,] at 
 ten o'clock in the forenoon of tliat day. 
 
 Yours, &c., 
 J. P. H., Cgunty Judge of said 
 County of . 
 
 § 771. Certificate of Physicians, and Affidavit, 
 In the matter of C. D., ) 
 an aUedged indigent lunatic : f 
 
 We do hereby certify, that in pursuance of the order of J. P. H., 
 Counfy Judge of the county of , made in the above entitied 
 
LUKATICS. 417 
 
 matter, and beating date the day of ,18 , we have 
 
 carefully examined into the mental state and condition of C. D., 
 above named, and" particularly in reference to his aUedged insanity; 
 and that, in our opinion, derived from such examination, the said 
 D. is a confirmed lunatic. 
 
 Given under our hands, this day of , 18 . 
 
 J. T. P. 
 D.D. 
 County, ss: 
 J. T. P. and D. D., of said coimty, being by me severally sworn, 
 depose and say, and each for himself deposes and says, that the facts 
 stated and set forth in the foregoing certificate, by them signed, are 
 true. J. T. P. 
 
 Sworn, dec., [as in § 766.1 IX D. 
 
 § 772. Certificate of Jtidge.^ 
 
 In the matter of C. D., ) 
 an aUedged indigent lunatic : ) 
 
 Application having been made to me, by A. B., of the town of 
 , in the county of , for an examination into the 
 
 mental state and condition, and alledged indigence, of C. D., of the 
 said town of , under the provisions of the act entitled, &&, 
 
 [as in § 767 :] I thereupon appointed J. T. P. and D. D., two re- 
 spectable physicians of the said county, to examine said C. D., who 
 have appeared before me, and certified that the said C. D. is a con- 
 firmed lunatic ; and 1 have also taken the depositions of witnesses 
 touching the indigence and lunacy of the said C. D. : Now, there- 
 fore, I do hereby adjudge and certify, that it satisfactorily appears to 
 me, from said certificate and depositions, that the said C. D. is a luna- 
 tic, that he became such lunatic within one year prior to the date 
 hereof that he has no estate of any kind, either in possession, or 
 held by any person in trust for him, suflScient for his support^ [or, 
 for the support of himself and his family,] under the visitation of 
 insanity as aforesaid. 
 
 Given. &c., [as in § 769.] 
 
 J. P. H., County Judge, &a 
 
 I The depositions taken before the Judges should be reduced to writing^ and entitled as m 
 5 772. The certificate of the physicians, and other papers, together with a report of the 
 proceedings and the decision, are to be filed by the Judg« in the office of the County Cleric, 
 He is also required to report th& facts to the Board of Superrisors. 
 
 27 
 
CHAPTER XXVIIL 
 MECHMICS^ AND LABORERS' LIEN. 
 
 PRACTICAL REMARKS. 
 
 1. Any person who, by virtue of any contract with the owner or 
 his agent, or any person who, in pursuance of any agreement with 
 any such contractor, and in conformity with the terms of the contract 
 with such owner or agent, performs any labor, or furnishes materials, 
 m building, altering or repairing, any house or other building, or ap- 
 purtenances, in the several cities of the State, and in the villages of 
 Williamsburgh, Geneva, and Canandaigua, has a lien upon such house 
 or building, and appurtenances, and upon the lot on which the same 
 may stand, to the extent of the owner's interest therein ; but the ag- 
 gregate of all the liens for labor and materials, in any case, is not to 
 exceed the price stipulated to be paid therefor by the owner or his 
 agent In order to perfect this lien, specifications of the work to be 
 performed, or materials to be furnished, stating the prices to be paid 
 therefor, or a true copy of the contract, if there be any in writing, 
 must be filed in the office of the Clerk of the county, and a notice 
 thereof served on the owner, or his agent, within twenty days after 
 making such contract, or commencing such labor, or furnishing such 
 materials. The County Clerk enters in a book alphabetically, the 
 names of the owners, and opposite to them the names of the contract- 
 ors, or laborers, or other persons claiming a lien, and the lot of land 
 on which the work is to be done, or materials furnished, and the time 
 of filing the specification, or copy of the contract The book m 
 which these entries are made, is called " The Mechanics' and, Labor- 
 ers' Docket" The lien thus created, takes efiect from the time of 
 the filing of the specification, or copy of the contract, and continues 
 in force for the space of one year 'thereafter. 
 
 2. In order to enforce thk lien, the owner, contractor, labore r, or 
 
MECHANICS' AND LABORERS' LIEN. 419 
 
 person furnishing materials, must serve a notice on the other party, 
 personally, to appear and submit to an accounting and settlement, in 
 the Court of Common Pleas of the city and county of New York, oi 
 in the County Court, or any Justice's Court of such county, (except 
 in New York,) or in the Marine Court in the city of New York, as in 
 the form hereinafter given. Within ten days after service of such 
 notice, the owner, or his agent, is to be personally served with a bill 
 of the particulars of the amount claimed to be due, and with a notice 
 to produce a bill of particulars of any offset which may be claimed, 
 within ten days thereafter. If the contractor, laborer, or person fur- 
 nishing materials, does not appear and jproduce his claim, in pursu- 
 ance of the notice to be served, as aforesaid, he loses his lien. If 
 the owner does not appear, his default may be entered, and a writ of 
 inquiry issued to the Sheriff ; or, if in the Marine Court of the city 
 of New York, or in a Justice's Court in any other city or county, the 
 damages may be assessed, and judgment rendered, and execution 
 issued thereupon, as ia actions on contract Where the parties ap- 
 pear, issue must be joined on the claims mad« ; notices of set-off and 
 of tiial, if necessary, be served ; and the same proceedings had as in 
 actions on contract 
 
 3. Within thirty days after labor has been performed, or materials 
 fiimished, the person claiming payment therefor must either deliver 
 to the owner, or his agent, a statement in writing, signed by himself 
 and the contractor, specifying how much is due, or take the neces- 
 sary proceedings against the contractor, as above directed ; othervrise 
 the lien will be lost. 
 
 4. The owner is required to pay the amount agreed to be due by 
 the statement of the laborer and contractor, or the judgment, if any 
 be recovered ; which will be deemed a payment on the contract If 
 the owner neglect to pay the sum due, for ten days after service of 
 the statement or of a transcript of the judgment, the Clerk of the 
 county, on having filed with him a duplicate copy of the statement 
 sig-ned by the laborer, or person furnishing materials, and the con- 
 tractor, as aforesaid, with an aflSdavit that the same is a true copy, 
 or a transcript of the judgment, with an affidavit of demand of the 
 amount due, of the owner or agent, and of the refusal or neglect to 
 pay, may issue an execution against such owner, in the same form 
 as upon a judgment recovered on contract, on the day of the attach- 
 ing of such lien, reciting that such execution is issued pursuant to 
 the tenth section of the act of 1844 ; which execution will be sub- 
 ject to the jiirisdiction and control of the court, as are also the liens 
 and judgments docketed by virtue of the foregoing provisions. 
 
 5. Any person who shall furnish materials, or perform any labor, 
 as above specifiied, may certify to the owner, or his agent, at any time 
 previous to, or during the progress of the work, that he will discharge 
 euch owner, or his agent, from any liability on the lien ; and such 
 
420 NEW CLERK'S ASSISTANT. 
 
 certificate, executed by the person in presence of a subscribing wit- 
 ness, will be conclusive in barring such person from any lien.' 
 
 6. There is a special lien law applicable to the coimty of Richmond 
 only, which may be found in Volume III, of the Revised Statutes, 
 (3d ed.) p. 111. 
 
 FORMS. 
 
 9 
 
 § 773. Notice to Owner or Agent, of Filing Specification. 
 
 Sir: You will please to take notice, that I have this day filed in 
 the office of the Clerk of the county of , a specification of work, 
 [or., materials,] contracted to be performed [or, furnished] W me, 
 and the prices agreed to be paid for the same, by E. F., of the city 
 [or, village] of : and that the said work is \or, materials are] 
 
 to be done \or, furnished] upon and for the dwelling-house known as 
 number , in street, in said city, \or, village.] 
 
 Dated , the d^y of , 18 . 
 
 CD, 
 
 To Mr. A, B., of ' . 
 
 § 774. Notice of Filing Contract. 
 
 Sir: Tou wiU please to take notice, that I have this day filed in 
 the office of the County Clerk of the county of , a true copy 
 
 of a contract, made and executed between E. F., of the city \or, 
 village] of , and the undersigned C. D., dated the day 
 
 of , 18 : and that the said contract relates to work or 
 
 labor to be done [or, materials to be furnished] on or about the 
 dwelling-house known as number , in street, in said 
 
 city, \or village.] 
 
 Dated, &c., [as in § 773.] C. D. 
 
 § 775. Notice to Appear and SvhmU to Accoimt, tfec' 
 
 Sir : You will please to take notice, that you are required to ap- 
 pear in the Court of Common Pleas of the city and coimty of New 
 York, [or,, the County Court of the county of ; or, before G. 
 
 ' Laws of 1844, chap. 220; Id., chap. 305; Lawsofl845; chap. 235; 4Hill.I93; 7Id.,62», 
 * The notice must be served twenty (ten, in the city of New York,) days before the tima 
 for appearance. 
 
MECHANICS' AMD LABORERS' LIEN. 421 
 
 H., Esq., a Justice of the Peace of the county of ,] either in per- 
 son or by attorney, on the day of next, and submit to 
 an accounting and settlement in said court, of the amount due, or 
 claimed to be due, for work and labor done [or, materials furnished] 
 by the undersigned, under a contract made between E. F., of said 
 city of , [or, village of ,] and myself, bearing date 
 the day of , 18 , on or about the dwelling-house 
 known as number , in street, in said city, [or, vil- 
 lage,] and a copy whereof is on file in the office of the Clerk of the 
 county of 
 
 Dated, &o., [as in § 773.] 
 
 § 776. Ifoiice to Produce Bill of Particulars of Offset. 
 
 Sir : You will please to take notice, that you are required . to pro- 
 duce and serve on the undersigned, at his dwelling-house, in the city 
 [or, village] of , within ten days afber service hereof, a bill 
 
 of particulars of any offset which may be claimed to the account 
 herewith presented ; and you will also take notice, that the following 
 is a bill of particulars of the amount claimed to be due by the under- 
 signed, vizj [set forth the particulars, as in an ordinary accownt^ 
 
 Dated, &c., [as in § 773.] 
 
 § 777. Statement of Labor Bone, or Materials Furnished, to be 
 Signed by the Person Doing the Work, or Furnishing the 
 Materials, and the Contractor, avd Delivered to the Owner 
 or his Agent. 
 
 We do hereby certify and agree, that the undersigned C. D., has 
 performed labor [or, furnished materials] on or about the dwelling- 
 house known as number , in street, in the city [or, 
 village] of , to the value of dollars; of which you will 
 please take notice. 
 
 Dated, &c., [as in § 773.] C. D. 
 
 To Mr. A. B. E. F. 
 
 § 778. Writ of Inquiry from the Cov/rt. 
 
 The People of the State of New York, to the Sheriff of the County 
 of , greeting; 
 
 r 1 Whereas, C. D., lately in our Court of Common 
 
 '-■■-' Pleas of our city and county of New York, [or, our 
 
 County Court of our said county of ,]• before the Judges 
 
422 NEW CLERK'S ASSISTANT. 
 
 [or, Judge] Uiereof, at the coiu-t-house in the city [or, town ] of 
 produced and showed to the said court, that on the day 
 
 of ,18 , in pursuance of an act entitled " An Act for the 
 
 better security of mechanics and others erecting buildings and fur- 
 nishing materials therefor, in the city and county of New York," 
 passed April 29, 1844, [or, in the several cities in this State, (except 
 the city of New York,) and in the villages of Syracuse, Williamsburgh, 
 Geneva, Canandaigua, Oswego and Auburn, "passed May 1, 1844,]* 
 he personally served A. B. with a notice to appear and submit to an ac- 
 counting and settlement in the said court, of which the following is a 
 copy, viz: [copy nofo'ce;] And whereas, on the day of ,18 , 
 that being the day on which the said A. B. was required to appear 
 in and by the said notice, he, the said A. B., did not appear, l)ut 
 made default ; whereupon such proceedings were had in our said 
 court, before our said Judges [or, Judge] thereof, that the said C. 
 D. ought to recover against the said A. B. his damages on occasion 
 of the premises; but because it is unknown to our said Judges, [or. 
 Judge,] what damages the said 0. D. has sustained; Therefore, we 
 command you, that by the oaths of twelve good and lawful men of 
 your county, you dilligently inquire what damages the said C. D. 
 hath sustained, as well by means of the premises aforesaid; as for his 
 costs and charges in this behalf expended; and that you send to our 
 said court, before our Judges [or. Judge] thereof, at the court-house, 
 [or, city hall,] in the town [or, city] of , on the day 
 
 of next, the inquisition which you shall thereupon take, under 
 
 your seal, and the seals of those by whose oaths you shall take that 
 inquisition, together with this writ. 
 
 Witness, G. H., Esq. First Judge, [or. County Judge,] at the City 
 Hail of the city of New York, [or, court-house in the town [or, city] 
 of ,] on the day of 18 . 
 
 P. v.. Clerk 
 
 § 779. Affidavit for UxecuHon. . 
 County, ss: 
 C. D., of said county, being didy sworn, says, that the annexed 
 statement is a true copy of an original statement delivered Hy him, 
 personally, to A. B., on the day of ,18 , and that the 
 
 amount specified to be due in said statement now remains unpaid, 
 [or, that on the day of , 18 , and more than ten 
 
 days prior to this day, he demanded of A. B., the payment of the 
 judgment of which ihe within is a correct transcript, and that the 
 said A. B. refused to pay the same.] 
 Sworn to, this _ day of , ) 
 
 18 , before me, j A. B. 
 
 G. H., Justice of the Peace. 
 
MECHANICS' AND LABORERS' LIEN. 423 
 
 § 780. Execution hy Cownty Clerh 
 
 The ' People of the State of New York, to the Sheriff of the city 
 and county of New York, \or, of the county of ,] greeting : 
 
 r 1 We command you, that of the goods end chat- 
 
 '- 'J tels of A. B., in your bailiwick, you cause to be made 
 dollars, which C. D., lately, in our Court of Common Pleas 
 of the said city and county, \or, in our County Court of said coun- 
 ty of ,] recovered against the said A. B., in pursuance 
 of the tenth section of an act, &c., \as m § 778, to the * and then 
 addi] whereof the said A. B. is convicted, as appears of record; 
 and if sufficient goods and chattels of the said A. B. cannot be fonnd 
 in your county, that then you cause the amount of dol- 
 lars, aforesaid, to be made of the real estate whereof the said A. B. 
 was seized, on the day of ,18 , or at any time 
 thereafter, in whose hands soever the same may be, and have you 
 those moneys before our Judges of our said Court of Common Pleas, 
 \or, our Judge of our said County Court,] at the City Hall in the 
 city and county of New York, \or, court-house m the city \or, town] 
 of ,] at the expiration of sixty days from the receipt hereof 
 by you, together with this writ 
 Witness, &c., [as in § 778.] 
 
CHAPTER XXIX. 
 NATUEALIZATION. 
 
 PRACTICAL REMARKS. 
 
 1, Congress Las the excliisive power of establishing uniform rules 
 of naturalization.' 
 
 2. The terms upon which any alien, being a free white person, can 
 be naturalized, are as follows, viz : It is required that he declare on 
 oath, before a State court, being a court of record with a seal and 
 clerk, and having common law jurisdiction ; or before a Circuit or 
 District Court of the United States ; or before a clerk of either of 
 said courts; two years, at least, before his admission, his intention to 
 become a citizen, and to renounce his allegiance to his own sove- 
 reign. This declaration need not be previously made, if the alien 
 resided here previous to the 18th June, 1812, and has smce con- 
 tinued to reside h< re ; nor if he be a minor under twenty-one years 
 of age, and shall have resided in the United States three years next 
 preceding his arrival to majority. It is sufficient to be made at 
 the time of his admission, and that he then declare on oath, and 
 prove to the satisfaction of the court, that for three years' next preced- 
 ing, it was his bona fide intention to become a citizen ; and then the five 
 vears' residence, including the three years of his minority, wiU entitle 
 him to admission as a citizen, on complying with the other requisites of 
 the law. At the time of his admission, his country must be at peace 
 with the United States, and he must take an oath, before one of the 
 courts above mentioned, to support the Constitution of the United 
 States, and likewise, on oath, renounce and abjure his native allegiance. 
 He must, at the time of his admission, satisfy the court, by other proof 
 
 1 1 Kent's Commentaries, (2d ed.) 43i ; 2 Wlieaton, 269 ; 5 Id , 49. 
 
NATURALIZATION. 
 
 425 
 
 than his own oath, that he has resided five years, at least, within the 
 United States, and one year, at least, within the State where the 
 court is held; and if he shall have arrived after the peace of 1815, 
 his residence must have been continued for five years next preceding 
 his admission, without being at any time, diiring the said five years, 
 out of the territory of the United States. He must satisfy the court 
 that, during that time, he has behaved as a man of good moral charac- 
 ter, attached to the principles of the Constitution of the United States, 
 and well disposed to the good order and happiness of the same. He 
 must, at the same time, renounce any title, or order of nobility, if 
 any he has.' 
 
 3. The children of persons duly naturalized, being minors at that 
 time, will, if dwelling in the United States, be deemed citizens. If 
 any alien shall die alter his declaration, and before actual admission 
 as a citizen, his widow and children will be deemed citizens.* 
 
 4. Any alien who may purchase and take a conveyance of lands or 
 real estate in the State of New York, or to whom the same may be 
 devised, or would descend if he were a citizen, and who shall have 
 filed the deposition or affirmation, a form of which is hereinafter given, 
 or who may file the same within one year from the time of such pur- 
 chase, devise, or descent cast, may hold or convey such land or real 
 estate, during the term of five years from the 10th day of April, 
 1843, in the same manner as if he were a citizen.' 
 
 5. A married woman, who is an alien, may be naturalized.* 
 
 FORMS. 
 
 § 781. Declaration of Intention, and Certificate of Clerh. 
 
 I, A B., do declare on oath, that it is bona 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 particularly to Victoria, Queen of 
 the United Kingdom of Great Britain and Ireland, [or, as the name 
 and title of the sovereign may Je.] 
 
 Sworn in open court, this ) A B. 
 
 day of > 18 , before me, ) 
 
 W. B., Clerk of the Court of 
 
 1 Laws of U, S., 1802, chap. 28 ; Id., 1813, 
 chap. 184 : Id., 1866, chap. 32 ; Id., 1824, 
 chaj. 186; Id., 1828', chap. 106; 7 Hill, 66, 
 137. 
 
 > 2 Kent's Commentaries, (2d ed.) 64, 66 ; 
 Lairs of U.S. iSH, chap 47. 
 
 » 2 R. S. (3d ed.) 4, 6, 65 16-21 ; Laws of 
 1830, chap. 171 ; Laws of 1836, chap. 339 ; 
 Laws of 1838, chap. 32 ; Laws of 1S43, chap. 
 87; Laws of 1845, chap. 115 ; 6 Paige, 114 ; 
 6 Id., 448; 20 Wended, 338; 21 Id., 69; 3 
 Hill,67. 
 
 < 20 WendeU, 338 
 
^6> NEW CLERK'S ASSISTANT. 
 
 I, W, B., Clerk' of the Court of , being a court 
 
 of record, having common law jurisdiction, and a clerk and seal, do 
 certify that the above is a true copy of the original declaration of in- 
 tention of A. B. to become a citizen of the United States, remaining 
 of record in my office. 
 
 In testimony ■whereof, I have hereunto subscribed my name, and 
 affixed the seal of the said court, the day of , one thou- 
 
 sand eight hundred and 
 
 [l. s.] W. B., Clerk 
 
 § 182. Oath of Alien. 
 
 United States of America ; State ) 
 of New York, County, J 
 
 A. B., being duly sworn, doth depose and say, that he is a residt,nt 
 in 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 natu- 
 ralized ; and that he has taken such incipient measures as the laws 
 of the United States require, to enable biin to obtain naturaJizatioa. 
 Sworn before me, the ) 
 
 day of , 18 . j 
 
 W. B., Clerk of Court. 
 
 § 783. Affidavit of Alien tmder Eighteen 'Years of Age at the ttim 
 of his Arrival. 
 
 ''^S^ln^:!riati?n;}st^teofNewYork, ^ County, ss: 
 
 C. D., being duly sworn, says, that, for the continued term of five 
 years last past, he has resided vrithin the United States, without being 
 at any time, during the said five years, out of the territory of the 
 United States, and that for one year last past, he has resided within 
 the State of New York ; and that, at the time he so arrived in the 
 United States, he had not attained his eighteenth year. 
 Sworn in open court, this day ) 
 
 of » 18 , before me, ) 
 
 W. B., Clerk of the Court of 
 
 § 784. Oath to Support the Constitution in preceding case. 
 
 I, C. D., do solemnly swear, that I wiU support the Constitution 
 of the United States, and that I do absolutely and entirely renounce 
 
NATURALIZATION. 427 
 
 and abjure all allegiance and fidelity to any foreign prince, potentate, 
 state, or sovereignty, whatever, and particularly to Ernest Augustus, 
 King of Hanover, of whom I was a subject 
 
 Sworn, &c., [as in § 783.] C. D. 
 
 § 785 Proof of Good Behavior, Sc, to Accompany the foregoing 
 
 Oath. 
 Stateof New York, )g. 
 County, ) 
 
 E. R, of said county, being duly sworn, doth depose and say, that 
 he IS a citizen of the United States ; that he is well acquainted with 
 the above named CD.; and that the said C. D. has resided within 
 the limits, and under the jurisdiction of the United States, for five 
 years last past, and, for one year last past, within the State of New 
 York ; and that diuing the same period he has behaved himself as 
 a man of good moral character, attached to the principles of the 
 Constitution of the United States, and well disposed to the good or- 
 der and happiness of the same. And he fiu-ther saith, that, at the 
 time the said C. D. arrived in the United States, he had not attained 
 his eighteenth year. 
 
 Sworn, &c., \as in § 783.] E. F 
 
 § 786. Declaration of Intention to become a Citizen fpr Three 
 Years past. 
 
 I, C. D., do declare, on oath, that it is bona fide my intention, and 
 has been for the last three years, to become a citizen of the United 
 States, and to renounce forever all allegiance to all and every foreign 
 prince, potentate, state, and sovereignty, whatever, and particularly 
 to Ferdinand, Emperor of Austria. 0. D. 
 
 Sworn, &c., \as in § 783.] 
 
 § 787. Certificate of Citizenship. 
 
 United States of America; State ) 
 of New York, County, J 
 
 Be it remembered, that on the day of , in the year 
 
 of our Lord one thousand eight hundred and , A. B., late of 
 
 , in the kingdom of France, at present of , in Oie 
 
 State of , aforesaid, appeared in the Court of 
 
42S ij^-vv CLERK'S ASSISTANT. 
 
 (the said cotirt being a court of record, having common law juris, 
 diction, and a derk and seal,) and applied to the said cburt to be 
 admitted to become a citizen of the United States of America, pur- 
 suant to the directions and requisitions of the several acts of Con- 
 gress in relation thereto: And the said A. B. having thereupon 
 produced to the court such evidence, made such declaration and 
 renunciation, and taken such oath as are by the said acts required; 
 thereupon it was ordered by the said court, that the said A. B. be 
 admitted, and he was accordingly admitted by the said court, to be a 
 citizen of the United States of America. 
 
 In testimony whereof, the seal of the said court is hereunto affixed, 
 this day of , in the year one thousand eight hundred 
 
 and , and in the year of our independence the 
 
 [t. s.] By the Court W. B.,, Clerk. 
 
 l^For the form of the oath, see § 784.] 
 
 § 788. Deposition of Alien to enable him to hold Heal Estate} 
 
 United States of America ; State ) 
 
 of New York, County, j ^^' 
 
 A. B., being duly sworn, doth depose and say, that he is a resident 
 of the State of New York, and intends always to reside in the Uni- 
 ted States, and to become a citizen thereof, as soon as he can '■ 
 naturahzed; and that he has taken such incipient measures as tho 
 laws of the United States require, to enable Mm to obtain naturali- 
 sation. 
 
 Sworn to before me, this ) 
 
 day of , 18 . J 
 
 G. H., Coimty Judge. 
 
 > The dfl^sition, or affirmation, is to be made, or taken, before aiw officer authorized to 
 take the proof of deeds, and ia to be filed and recorded in th» office of the Socretarjr of State. 
 
CHAPTER XXX. 
 OFFICIAL OATH AND BOND. 
 
 PRACTICAL REMARKS. 
 
 1. All persons elected or appointed to any civil office in this State, 
 and in tlie several counties and cities thereof, are required to take 
 the' official oath of office. Supervisors, Town Clerks, Assessors, Over- 
 seers of the Poor, Commissioners of Highways, and Town Sealers, 
 are also required to take such oath, witmn ten days after receiving 
 notice of their election or appointment 
 
 2. Official bonds are to be executed within the time prescribed for 
 taking the oath of office, unless otherwise directed by law. 
 
 3. Overseers of Highways, and Poundmasters, are required to give 
 notice to the Town Clerk, iu writing, signifying their acceptance of 
 their respective offices, within ten days after receiving notice of their 
 election or appointment. 
 
 4. The official oaths and bonds of town officers are to be filed with 
 the Town Clerk, except that the bond of a Collector is to be filed 
 with the County Clerk, and that Justices of the Peace are required 
 to file their oaths of office, vrithin fifteen days after the first day of 
 January next after their election, iu the offices of the County Clerks 
 of their respective counties.' 
 
 5. A person elected to the office of Justice of the Peace, and not 
 taking the oath, but entering upon the duties of the office, is Justice 
 de facto, although he is gwlty of a misdemeanor." 
 
 ' Amneded Constitution of New York, Art. xii ; 1 R. S. (3d ed.) 123, § 22, et ueq.; Id., 395 
 5 29, et seq. 
 «. 2 Barbour's S. C. Rep., 320. 
 
430 NEWj;CLEEK'S ASSISTANT. 
 
 FORMS. 
 
 § 789. Official Oath. 
 I do solemnly swear, [or, affirm,] that I will support the Constitu- 
 tion of the United States, and the Constitution of the State of New 
 York, and that I will faithfully discharge the duties of \ffive the title 
 of the office'] according to the best of my ability. 
 
 A. B. 
 Sworn and subscribed, this day ) 
 
 of ,18 , before me, J 
 
 P. v., Clerk of the County of 
 
 § 790. Notice of the Acceptance of a Town Office. 
 To C. D., Qerk of the Town of , in the County of : 
 
 Take notice, that 1 hereby accept the office of Overseer of Higi* 
 ways of district No. , in said town of 
 Dated the day of , 18 . 
 
 O. P. 
 
 § 791. Instrurkent to he given hy a Constable and his Sureties. 
 
 H. C. B., chosen [or,' appointed] Constable of the town of 
 
 , in the county "of ; and L. M. and S. T., as 
 
 sureties of the said H. C. B., 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 Consta;ble may become liable to pay, 
 on account of any execution which shall be delivered to him for col- 
 lection. ; 
 
 Dated the day of , 18 . 
 
 Executed in the presence of, and ) 
 the sureties approved by, t 
 E. F., Supervisor, [or, C. D., Town 
 Clerk] of the Town of 
 
 H. C. B. 
 
 L. S. 
 
 L. M. 
 
 L. S. 
 
 S.T., 
 
 L. S. 
 
 § 792. Sheriff's Bond.' 
 Know all men by these presents : That we, A, F., L. M., and S. 
 T., of the town of , in the county" of , are held and 
 
 1 The penal Bnm of the SheriflF'e 1)011(1 in the city of New York, is twenty thousand dollara : 
 and there muat .feetwo sureties. In other counties, the bond must be in the penal sum of 
 ten thousand dollars, with two or more sureties. 
 
OFFICIAL OATH AUD BOND. 431 
 
 fanrJy bound unto the people of the State of New York, in the penal 
 sum of thousand dollars, to be paid to the said people ; for 
 
 which payment, weU and truly to be made, we bind ourselves, our 
 and each of our heirs, executors and administrators, jointly and seve- 
 rally; firmly by these presents. 
 
 Sealed with our se^, and dated the day of , A. 
 
 D. 18 .* 
 
 Whereas, the above bounden A. P. hath been elected to the office 
 of Sheriff of the county'of , aforesaid, at the general election 
 
 [or, at a special election] held therem, on the day of : 
 
 Now, therefore, the condition of the above obligation is such, that if 
 the said A. P. shall well and faithfully, in all thmgs, perform the du- 
 ties and execute the office of Sheriff of the said coimty of , 
 during his continuance in the said office, by virtue of the said elec- 
 tion, without fraud, deceit, or oppression, then the above obligation 
 to be void ; else to remain in fuU force. A. P. [l. s." 
 
 Executed in the presence of, and ) L. M. [l .s. 
 
 the sureties approved by, j" S. T. [l. e. 
 
 P. v.. Clerk of the County of 
 
 § 793. Oath of Sheriff^s Sureties, to be Indorsed on the Bond. 
 
 I, L. M., one of the. sureties named in the within bond, do solemnly 
 swear, that I am a freeholder within the State of New York, and 
 worth the sum of thousand dollars, over and above all debte 
 
 whatsoever owing by me. L. M. 
 
 Sworn and subscribed, this day ) 
 
 of ,18 , before me, J ^ 
 
 P. v., Clerk of the County of 
 
 § 794. Bond of a Deputy Sheriff. 
 
 Know all men by these presents : That we. Or. H., S. T., and O. 
 P., of the town of , in the county of , are held and 
 
 firmly bound unto A-. P., Esquire, Sheriff of the said county of , 
 in the penal sum of thousand dollars, to be paid to the said 
 
 A. P. ; for which payment, &c., [as in § 792 to the *, and then addf] 
 Whereas the above bounden G. H. has been appointed to the of- 
 fice of Deputy Sheriff in and for the said county of , by the 
 above named A. P., Sheriff, as aforesaid ; Now, therefore, the condi- 
 tion of this obligation is such, that if the said U. H. shall save and 
 keep the said A. P. harmless of and from anj- liability incurred by 
 
432 NEW CLERK'S ASSISTANT. 
 
 and through any act of the said G. H., as such deputy, as aforesaid, 
 then this obligation to be void, otherwise of force. 
 
 Signed and sealed in ) G. H. [l. s. 
 
 presence' of [■ S. T. [l. s.' 
 
 CD. , ) 0. P. [l. 8.; 
 
 § '195. General Form of an Official Bond. 
 
 Know all men by these presents : That we, A. B., C. D., and E. 
 F., of, (fee, are held and firmly bound unto the people of the State 
 of New York, \or, the officer, or officers, to whom the hand is to be 
 givenjl in the penal sum of dollars, to be paid to the said 
 
 fieople, [or officer, or officers, as aforesaidfl for which payment, &o., 
 CM ira § 792, to the *, and then add:"] 
 
 Whereas, the above bounden A. B. has been appointed \or, elected] 
 to the ofiBce of , [give the title of the office:^ Now, there- 
 
 fore, the condition of the above obligation is such, that if the said A. 
 B. shall, &c., [follow the language of the statute prescribing the form 
 of the condition,^ then the above obligation to be void; else to re- 
 main in full force. 
 
 Signed and sealed in 1 A. B. 
 
 presence of > C. D. 
 
 G. a i E. F. 
 
 L. S. 
 L. S. 
 L. B.' 
 
CHAPTER XXXL 
 
 PARTNEESHIP. 
 
 PRACTICAL REMARKS 
 
 1. Partnership is a contract between two or more persons, to place 
 their money, eflfecfs, labor and sHll, or some or all of them, in any 
 lawful commerce or business, and to divide the profit, and bear the 
 loss, in certain proportions. Universal partnership is a contract by 
 which the parties agree to make a common stock of all the property 
 they respectively possess. Particular partnerships are such as are 
 formed for any business not of a commercial nature. Commercial 
 partnerships are formed for the purchase of personal property, and 
 the sale thereof, either in the same state, or changed by manufacture; 
 or for carrying persons or personal property, for hire, in ships ar 
 other vessels, or conveyances.' 
 
 2. The leading principles of a contract of partnership are, a com- 
 mon interest in the stock of the company, and a personal respona- 
 bility for the partnership engagements.* 
 
 3. In order to constitute partners, between the parties, there must 
 be a voluntary contract, and each party must engage to bring into 
 the common stock something that is valuable, whether it be money, 
 property, or services; and there must also be a ooromunion of profite. 
 The shares must be joint, though it is not necessary that they should 
 be equal' 
 
 4. A parol agreement to enter into partnership immediately, is 
 valid, — so, also, is an agreement to enter into partaership in future, 
 if the parties really go into partnersldp.* 
 
 I 3 Kent's Commentaries, (2d ed.,} 23, et 
 Story on Partnership, 2. et eeq. 
 Kent's Commentaries, (2d ed.,) 24. 
 
 • 3 Kent's Cammenlaries, (2d ed.) 23 ; 9 
 
 "3& 
 
 Johnson, 307 ; 10 Id., 226 ; 15 Id , 409 : 16 Id- 
 Si, 489; 1 Wendell, 457: 18 Id., 175: 1 HiU, 
 572;3fd.,162:4l'aige,148. . 
 
 * 2 Barbour's Ch. Rep., 336. 
 
434 
 
 NEW CLERK'S ASSISTANT. 
 
 5. Persons are answerable to the world as partners, if they per- 
 mit their names to be used in a firm, or participate in the profits of 
 a trade: and each individual is Uable to the whole amount of the 
 debts, without reference to the proportion of his interest* 
 
 6. Where two or more persons agree to have any business in which 
 they are jointly concerned, carried on in the name of one. his name 
 is the co-partnership name or title.^ 
 
 T. A partner cannot bind his co-partner by a contract under seal, 
 (except it be a release or an assignment of a chose in action due to 
 the firm,) without his previous assent, or subsequent indorsement' 
 
 8. Part owners of ships are generally regarded as tenants in com- 
 mon, and not as partners, or joint tenants.* 
 
 9. A co-partnership cannot be proved by general reputation ; but 
 other facts and circumstances must be adduced in order to establish 
 It" 
 
 10. On an execution against one of several co-partners, the property 
 of the firm may be seized, removed and sold, by the officer, and the 
 purchaser at the sale will become a tenant in common with the other 
 partner or partners ; but the right which such purchaser may acquire 
 will be subject to the adjustment of the partnership concerns, and 
 the debts of the fiurm must be first satisfied out of the partnership 
 eflfects." 
 
 11. After the dissolution of a partnership, neither party can make 
 any disposition of the partnership effects, inconsistent with the primary 
 duty of paying the partnership debts ; though either party may re- 
 ceive payment of debts duQ the firm, and apply the amount received 
 on the partnership liabilities.' 
 
 12. After the dissolution of a partnership, the promise of one 
 partner will not revive a debt barred by the statute of limitations ; 
 for the dissolution revokes the presumed agency, except so far as 
 relates to winding up the business of the firm.' 
 
 13. A species of partnership, similar to the French system of com- 
 mandite, may be formed in this State, by two or more persons, for the 
 transaction of any mercantile, mechanical or manufacturing business. 
 Such partnerships may consist of one or more persons, who shall be 
 called general partners, and shall be jointly and severally responsible 
 as general partners in other cases ; and of one or more persons who 
 shall contribute, in actual cash payments, a specific sum, as capital, 
 to the common stock, who shall be called special partners, and who 
 
 1 9 Johnson, 470; Hid., 315; 19 Id., 226; 
 1 WendeU,467;6 W.,274; 6Id.,263; 18 Id., 
 175. 
 
 a 1 Denio, 402. 
 
 a 9 Johnson, 285: 19 Id., 513; 1 Wendell, 
 326; 9 Id., 437; 12 Id., 53; 20 la., 261 ; 2 
 ■gill, 595 J 5 Id., 163- 
 
 * 1 Johnaon, 106; 20Id.,61i. 
 
 6 20 Johnson, 176; H Wendell, 96; «! 
 Id., SI: 3 Hill, 333. 
 
 < 3 Denio, 12! , 2 Barbour's Ch, Rap. 
 167. 
 
 ' 2 Barbour's S. C. Eep., 626. 
 
 B 2 Cumstock, 522. 
 
TARTNEESHIP. 
 
 435 
 
 shall not be liable beyond the fund so contributed by him, or them, 
 to the capital.! 
 
 14. In order to form a limited partnership, a certificate must be 
 made and signed by the parties, as in the form hereinafter given. 
 An affidavit of one or more of the general partners must also be made, 
 stating that the sums specified in the certificate as having been con- 
 tributed by the special partners, have been actually and in good faith 
 paid in caah. The certificate must be acknowledged and filed, with 
 the affidavit, in the office of the Clerk of the county in which the 
 business is to be carried on ; and, if such business is to be conducted 
 in more than one coimty, transcripts of the certificate and acknowledg- 
 ment must be filed in such other counties. The terms of the partner- 
 ship, when registered, are to be published for at least six weeks im- 
 mediately after such registry, in two newspapers, to be designated by 
 the Clerk of the county, and to be published in the senate district 
 in which the business shall be carried on." 
 
 15. In publishing the terms of a limited partnership, they must be 
 in all respects truly stated, in each newspaper, or the special partners 
 will become hable as general partners.' 
 
 16. The general partners only may transact the business of a lim- 
 ited partnership. A special partner may examine into the state of 
 the partnership concerns, and advise as to their management; but 
 his name cannot be used in the transactions of the firm ; nor can he 
 interfere in the management thereof, either as agent, attorney, or 
 otherwise, without rendering himself hable as a general partner. 
 The business is to be conducted under a firm, in which the names of 
 the general partners only can be inserted, without the addition of the 
 word " company," or any other general term.' 
 
 17. Every association, or company, formed for the purpose of the 
 transportation of passengers or property, either by boats, vessels or 
 stages, is required to make a statement of the names of the persons 
 composing such association, or company, and to file a copy thereof in 
 the office of the Clerk of each county through which its business is 
 transacted. Until such statement be filed, no suit will be abated, on 
 account of the non-joinder of any of the members of the association, 
 or company, against which the action may be brought' 
 
 ' 2 K. S. (3ded,,) 49, §5 1, 2; 7 Paige, 
 686, 
 
 > 2 R. S. (3d ed.,) 49, SO, § 4, et seq. ; 21 
 WendeU, 496 ; 6 Hill, 309 ; 6 Id., 479. 
 
 > 3 Denio, 435. 
 
 4 2 R. S. (3d od.,) 60,-5 13 j Id., BI, S 1 
 24 Wendell, 496 ; 6 Hill, 309 6 Id. m. 
 * Laws ofisae, Chap. 385. 
 
436 NEW CLERK'S ASSISTANT. 
 
 FORMS, 
 
 § 796. Articles of Co-partnersldp. — QeneralJ'orm. 
 
 Articles of agreement, made the day .of , one thou- 
 
 sand eight hundred and , between A. B., of, &c., of the one part; 
 and C. D., of, &c., of the other part, witnesseth, as follows : The said 
 parties above named hare agreed to become co-partners in business, 
 and by these presents do agree to be co-partners together, under 
 and by the name, or firm of B. and D., in the business of wholesale 
 dry goods merchants, and in the buying, selling and vending all sorts 
 of goods, wares and merchandise, to the said business belonguig, and 
 to occupy the store No. , in street, in the city of ; 
 
 their co-partnership to commence on the day of 18 , 
 
 and to continue for the term of five y^ars from thence next ensuing, 
 fully to be complete and ended ; and to that end and purpose, the 
 said A. B. and C. D. have delivered in as capital stock, the sum ol 
 twenty thousand dollars, share and share alike, to be used and em- 
 ployed in common between them, for the support and management 
 of the said business, to their mutual benefit and advantage. 
 
 And it is agreed, by and between the parties to these presents, 
 that at all times during the continuance of their co-partnership, they, 
 and each of them, will give their attendance, and do their and esich 
 of their best endeavors, and, to the utmost of their skill and power, 
 exert themselves, for their joint interest, profit, benefit and advan- 
 tage, and truly employ, buy, sell and merchandise, trith their joint 
 stock, and the increase thereof in the business aforesaid : And also, 
 that they shall, and will, at all times during the co-partnership, bear, 
 pay and discharge, equally between them, aJl rents and other expenses 
 that may be required for the support and management of the said 
 business; and that all gains, profits and increase, that shall come, 
 grow, or arise, from or by means of their said business, shall be di- 
 vided between them, the said co-partners, shai-e and share alike; and 
 all loss that shall happen to their said joint business, -by ill commodi- 
 ties, bad debts, or otherwise, shall be borne and paid equally between 
 them : And it is agreed, by and between the said parties, that there 
 shall be had and kept, at aU times during the continuance of their 
 co-partnership, perfect, just and true books of account, wherein each 
 of the said co-partners shall enter and set down, as weU all money by 
 them, or either of them, received, paid, laid out and expended, in 
 and about the said business, as also aU goods, wares, commodities and 
 merchandise, by them, or either of them, bought or sold, by reason 
 or on account of the said business, and all other matters and things 
 
I'ARTNEESHIP. 437 
 
 whatsoever, to the said buaness and management thereof in anywise 
 belonging ; -whicli said books shall be used in common between the 
 said co-partners, so that either of them may have access thereto, ■with- 
 out any interruption or hindrance of the other: And also, the said 
 co-partners, once in each year, during the continuance of the said co- 
 paxtiiership, as aforesaid (to -wit: on the day of , m 
 
 each year,) or oftener if necessary, shall make, yield and render, 
 each to the other, a true, just and perfect, inventory and account, of 
 all the profits and increase by them, or either of them made, and of 
 all loss by them, or either of them, sustained; and also, of all pay- 
 ments, receipts and disbursements, and of all other things by them 
 made, received, disbursed, acted, or suffered, in their said co-partner- 
 ship and business ; and the same account being so made, they shall, 
 and will, clear, adjust, pay and deliver, each to the other, at the time, 
 their just share of the profits so made as aforesaid. And the said 
 parties hereby mutually covenant and agree, to and with each other, 
 that during the continuance of the said co-partnership, neither of them 
 shall, nor wiU, indorse any note, or otherwise become surety for, any 
 person or persons whomsoever, without the consent of the other of 
 the said co-partners : And at the end, or other sooner determination 
 of their co-partnership, the said co-partners, each to the other, shall 
 and will make a true, just, and final account, of all things relating to 
 their said business ; and in all things truly adjust the same, and all 
 and every stock and stocks, as well as the gains and increase thereof, 
 which shall appear to be remaining, either in money, goods, wares, 
 fixtm-es, debts, or otherwise, shall be divided between them, share 
 and share alike. 
 
 In witness whereof, the said parties to these presents have here- 
 unto set their hands and seals, the day and year above written. 
 
 Signed and sealed in ) A. B. [l. s.l 
 
 presence of f C. D. Fl. 8.1 
 
 G. IL 
 
 § 797. Articles of Co-partnersMp between Cmmtry Merehwnts. 
 
 Articles of agreement made and entered into, this day of 
 
 , A. D. 18 , between A. B., o^ &c., of the one part, 
 and C. D., oi, &c., of the other part, witnesseth, as follows : The said 
 A. B. and C. D. have joined, and by these presents, do join them- 
 selves, to be co-partners together, in the business of general country 
 merchants, and all things thereto belonging: and also, in buying, 
 selling and retailing, all sorts of wares, goods, merchandise and com- 
 modities, and all kmds of produce usually kept and sold in a country 
 store, and in such commission business as may appertain to the same- 
 
438 NEW CLERK'S ASSISTANT. 
 
 which said co-partnership is to be conducted under the name, style 
 and firm, of B. and D., at the village of , in the town of , 
 
 aforesaid, and shaJl continue from the day of ,18 , 
 
 for and during, and unto the end and term of years, from 
 
 thence next ensuing, fully to be complete and ended: 
 
 And to that end and purpose the said parties to these presents 
 have, the day of the date hereof, delivered in as stock, the sum of 
 dollars, share and share alike, to be used, laid out and em- 
 ployed, in common between them, for the mahagement of the said 
 business of merchandising, as aforesaid, to their mutual benefit and 
 advantage : And it is agreed between the said parties to these pre- 
 sents, that the capital stock of the firm hereby constituted, shall be 
 made and kept up to the sum of dollars, share and share alike ; 
 that the same may at any time be reduced, or extended, by agree- 
 ment between the parties hereto; and that the said capital stock, 
 together with all credits, goods, wares, or commodities, bought or 
 obtained by the said firm, by barter or otherwise, shall be kept, used 
 and employed, in and about the business aforesaid ; and for that pur- 
 pose, each partner shall have power to use the name of the firm, and 
 to bind the same, in making contracts and purchasing goods, at the 
 city of New York, or elsewhere, and in otherwise trading, buying 
 and selling, on account of the said firm, and for the benefit and be- 
 hoof thereof, and not otherwise; provided, however, that neither 
 partner shall contract liabilities in the name, and on the credit of the 
 firm, in purchasing and replenishing their stock of goods and mer- 
 chandise, to exceed the sum of dollars, without the consent of 
 the other partner: And also, that neither of the said co-partners 
 shall, or will, during the said term, exercise, or follow, the tede, or 
 business, of merchandising, as aforesaid, in the county of , 
 aforesaid, for his private benefit or advantage; but shall, at aH times, 
 do his best endeavor, in and by all lawful means, to the utmost of 
 his skill, power and cunning, for the joint interest, profit, benefit and 
 advantage, of the firm aforesaid; and truly employ, buy, sell and 
 merchandise with the stock aforesaid, and the increase and profit 
 thereof, in the business of merchants aforesaid, without fraud or 
 covin ; and also, that the said parties shall and will, at all times du- 
 ring the said copartnership, bear, pay and discharge, equally between 
 them, all rents and other expenses, &c., [as in the preceding form to 
 the end; or, insert such other special covenants as the parties may 
 require.'] 
 
 In witness, &c., [as in § 796.] 
 
PARTNERSHIP. 439 
 
 § 798. Agreement to Renew Partnership, to he Indorsed on the 
 Original Article. 
 
 Whereas, the partnership formed by, and mentioned in,' the within 
 article of agreement, has this day expired, [or, will expire on the 
 day of next,] by the limitations contained herein : It is 
 
 therefore hereby agreed, that the same shall be continued, on the 
 same terms, and wifli aU the provisions and restrictions in said agree- 
 ment mentioned, for the further term of years from this date, 
 \or, from the day of next] 
 
 Witness our hands and seals, this day gf , 18 . 
 
 In presence of ) A. B. [l. s.] 
 
 G. H. \ C. D. [t. s.] 
 
 § 799. Agreement of Dissolution, to he Indorsed on the Original 
 Article. 
 By mutual consent of the undersigned, the parties to the within 
 agreement, the partnership thereby formed is wholly dissolved, except 
 so far as it may be necessary to continue the same for the final liqui- 
 dation and settlement of the business thereof ; and said agreement is 
 to continue in force until such final liquidation and settlement be 
 made, and no longer. 
 Witness, &c., \as in § 798.] 
 
 § 800. Certificate of Limited Partnership. 
 
 State of New York, ) ^^ . 
 County, J 
 This is to certify, that the undersigned have formed a limited part- 
 nership, pursuant to the provisions of the Kevised Statutes of the 
 State of New York, under the name or firm of B. <fe D. ; that the 
 general nature of the business to be transacted is the buying and sell- 
 ing groceries, and such other articles as are usually dealt in by whole- 
 sale and retail grocers : that A. B. and C. D., who respectively re- 
 side in the city of New York, are the general partners ; that E. R, 
 who resides at , in the county of . , in the State of 
 
 New York, and L. M., who resides at , in the county of 
 
 , in the State of New Jersey, are the special partners ; that 
 the said E. F. has contributed the sum of ten thousand dollars, as 
 capita] towards the common stock, and the said L. M. has contributed 
 
440 
 
 HEW CLEEK'S ASSISTANT. 
 
 the sum of fire thousand dollars, as capital towards the common stock ; 
 and that the said partnership is to commence on the day of 
 
 , 18 , and is to terminate on the day of , 
 
 18 .* 
 
 Dated this day of , one thousand eight hundred 
 
 and . A^ B. 
 
 C. D. 
 E. F. 
 L.M. 
 
 § 801. Certificate of Acknowledgment.. 
 County, ss : 
 On this day of , 18 , A. B., C. D., E. F., and L. 
 
 M., known to me to be the persons described in, and who made and 
 signed the' preceding certificate, came before me, and sererally 
 acknowledged that they had made and signed the same. 
 
 M. U. Judge of New York Common Pleas. 
 
 § 802. Affidavit to he Filed with the Certificate. 
 Coimty, ss: 
 A- B., of said county, being duly sworn, says, that he is one of 
 the general partners named in the abore cert^cate, and that the ' 
 sums specified in the said certificate to have been contributed by the 
 special partners to the common stock, hare been actually and in good 
 ^th paid in cash. 
 
 Subscribed and sworn before me, ) A. B. 
 
 this day of , 18 . ) 
 
 M. U., &C. 
 
 § 803. JDesic/nation of the Newspapers in which the Publication 
 
 is to be made. 
 Let the terms of the limited partnership between A. B., C. D., E. 
 F., and L. M., be published in the , and the , 
 
 which papers are published in , in county. 
 
 J. O., Clerk of the City and County of New York. 
 
 * The certificate tnust be acknowledged, (not prored,) before a Justice of the Supreme 
 Oottrt, or a Judge of the County Courte, in the eame manner as conveyances of real estate. 
 Th« affidavit may be made before a Judge, or a Commissionc of Deeds, or the County ClerK 
 
PARTNERSHIP. 441 
 
 § 804. Ifotiee to be Published. 
 
 KOTIOB OF LmilED FARTNEBBBIF, 
 
 Notice is hereby ^ven, that A. B., and C. D., who respectively 
 reside in the city of New York; E. R, who resides at , in 
 
 the county of , in the State of New York, and L. M., who 
 
 resides at , in the county of , in the State of New 
 
 Jersey, have formed a limited partnership, pursuant to the provisions 
 of the Revised Statutes of the State of New York, for the buying 
 and selling groceries, and such other articles as are usually dealt in 
 by wholesale and retail grocers', in which all the parties interested 
 are the said A. £. and C. D,, who are the general partners, and the 
 said E. F. and L. M., who are the special partners; that the said 
 E. F. has contributed, &c, [as in § 800 to the *.] Dated New Yorl^ 
 July 1st, 1847. A, B. 
 
 CD. 
 
 I Tlu place where the boainen is to bs earned on may be ionTtad here, although Uu 
 Antute does not seem to lequiie it. 
 
CHAPTER XXXn. 
 PATENTS. 
 
 PRACTICAL REMARKS. 
 
 1. Patents are granted to any person, or persons, for the term ol 
 fourteen years, for any new and -useful art, machine, manufacture, oi 
 composition of matter, or any new and useful improvement on any 
 art, machine, manufacture, or composition of matter, not known or 
 used by others, before his or their discovery or invention thereof 
 and not, at the time of the application for a patent, in public use, or 
 <in sale, with his or their consent, or allowance, as the inventor or 
 
 . discoverer.' 
 
 2. A patent may also be granted, for the term of seven years, for 
 a design for a manufacturer; or for a design for the printing of 
 woolen, silk, cotton, or other fabrics ; or a design for a bust statute, 
 or bas-relief, or composition in alto or basso-relievo ; or an impression 
 or ornament to be placed on any article of manufacture; or a pat- 
 tern, or print, or picture, to be either worked into, or worked on, or 
 printed, or painted, or cast, or otherwise fixed on any article of man- 
 ufacture ; or a shape or configuration of any article of manufacture 
 not before known or used by others. Such design, impression, or 
 configuration, must be entirely new and original. A patent for a 
 design, impression, or configuration, can issue only to a citizen, or to 
 citizens, of the United States ; or to an alien, or aliens, who shall 
 have resided one year in the United States, and t^en the oath of 
 his or their intention to become a citizen, or citizens.' 
 
 3. Where the term for which a patent is granted is fourteen years, 
 it may be renewed for seven years, on application, in writing, to the 
 Commissioner of Patents, notice of which application must be pub- 
 lished in one or more of the principal newspapers in Washington, 
 and in such other papers published in the section of the country 
 
 • Lnv»3 of IT. S.. 183G. ) « Laws of U. g., 18J2. 
 
PATENTS. 443 
 
 most interested, adversely to the extension, as the Commissioner may- 
 direct; and any person may appear and show cause against such 
 extension, to the Board, composed of the Secretary of State, Com- 
 missioner of Patents, and Solicitor of the Treasury, who are author- 
 ized to decide the question. 
 
 4. The assignment of a patent may be to the whole, or to an un- 
 divided part, by any instrument in writing. AU assignments of pa- 
 tents, or conveyances of the right to use the same, in any specified 
 district, must be recorded in the patent office, within three months 
 fi'om the date of the same. 
 
 5. Before any inventor can receive a patent for any new invention 
 or discovery, he must deliver a written description of his invention or 
 discovery, specifying the manner in which the same is made, or com- 
 pounded ; the Improvement therein which he claims as his own inven- 
 tion or discovery; and the application of the principle or character 
 which distinguishes it from oflier inventions. The application must 
 also be accompanied by duplicate drawings and written references, 
 when the nature of the case will admit, which are to be signed by the 
 patentee, and attested by two witnesses, except wheifthe specification 
 refers to them by letters or figures. A model, or a specimen of the 
 ingredients and of the composition of matter, must also be dehvered 
 at the patent office, or to one of the agents appointed to receive 
 models, &c. 
 
 6. A caveat, setting forth the design and purposes of any inven- 
 tion, may be filed in the patent office by any citizen ; or by an alien 
 who shall have been a resident in the United States one year next 
 preceding, and shall have made oath of his intention to become a 
 citizen; who shall have made any new invention, on paying the sum 
 of twenty dollars, which will be deemed part of the reg-uJar fee, if 
 the patent is afterwards issued If an appUcation be made, within 
 one year after filing the caveat, for a patent for any invention which 
 may interfere with that specified in the caveat, the Commissioner is 
 required to give notice by mail to the person filing the same, who 
 wiU be required to file his specifications, &c., within three months. 
 
 7. The following are the fees payable at the patent office : If a 
 citizen of the United States, or an alien resident in the United States 
 one year next preceding the application, and who shall have made 
 oath of his intention to become a citizen, thirty dollars, as a patent 
 fee; if a subject of the King of Great Britain, five hundred dollars; 
 if a citizen of any other country, three himdred dollars. On ex- 
 tending a caveat, the fee is twenty doUars; on entering an application 
 for the decision of arbitratcars, twenty-five doUars ; on entering a pa- 
 tent beyond the foxirteen years, forty dollars ; for recording each 
 assignment, 6r transfer, if not over three himdred words, one dollar — 
 if more than three hundred words, and less than one thousand, two 
 dollars — ^if more than one thousand words, three dollars; for adding 
 
444 , HEW CLEBK'S ASSISTANT. 
 
 the specification of a subsequent improvement, fifteen dollars; on 
 surrendering an old patent for a re-issue, to correct a mistake of the 
 patentee, fifteen dollars ; for every additional patent in case of re- 
 issue, thirty dollars; for a disclaimer, ten dollars; for copies of papers, 
 ten cents per folio. The fee on an application for a patent for a de- 
 sign, impression, or configuration, is one-half the sum required in 
 other cases. All fees are payable in advance in specie. 
 
 8. Every married woman, who is a resident of the State of New 
 York, and who may receive a patent for her own invention, may hold 
 and enjoy the same, and all the proceeds and benefits thereof, and of 
 such invention, to her own separate use, free and independent of her 
 husband and his creditors; and may transfer and dispose of the 
 same, in the same manner as if she were unmarried; but she cannot 
 contract any pecuniary obligations to be discharged at any future 
 time.* 
 
 FORMS. 
 
 § 805. Petition. 
 To the Commissioner of Patents: 
 
 The petition of A, B., of , in the county of , 
 
 and State of , respectfully represents: That your peti- 
 
 tioner has invented a new and improved mode of preventing steam 
 boilers from bursting, which he verily believes has not been known 
 or used prior to the invention thereof by your petitioner. He there- 
 fore prays that letters patent of the United States may be granted 
 to him therefor, vesting in him, and his legal representatives, the ex- 
 clusive right to the same, upon the terms and conditions expressed, 
 in the act of Congress in that case made and provided; he having 
 paid thirty dollars into the treasury, and complied with the other 
 provisions of the said act A. B. 
 
 § 806. Specification, 
 To all whom it may concern : 
 
 Be it known, that I, A. B., of , in the county of , and 
 
 StOjte of New York; have invented a new and improved mode of 
 
 ' Lawl ef New Yotk, 1845, chap.ll. 
 
PATENTS. 445 
 
 preventing steam boilers from bursting; and I do hereby declare, 
 that the following is a. full and exact description of the said invention: 
 
 The nature of my invention consists in providing the upper part 
 of a steam boiler with an aperture, in addition to that for the safety 
 valve ; which aperture is to be closed by a plug, or disk, of alloy, 
 which will fuse at any given degree of heat, and permit the steam 
 to escape, should the safety-valve fail to perform its functions. To 
 enable others skilled in the art to make and use my invention, I will 
 proceed to describe its construction and operation : I construct my 
 steam boiler in any of the known forms, and apply thereto guage- 
 cocks, a safety-valve, and the other appendages of such boilers ; but in 
 order to obviate the danger arising from the adhesion of the safety ■ 
 valve, and from other causes, I matke a second opening in the top of 
 the boUer, similar to that made for the safety-valve, as shown at A, 
 iu the accompanying drawing ; and in this opening I insert a plug, or 
 disk, of fusible alloy, securing it in its place by a metal ring and 
 screws, or otherwise. This fusible alloy, I, in general, compose of a 
 mixture of lead, tin and bismuth, in such proportions as will insure 
 its melting at a given temperature, which must be that to which it is 
 intended to limit the steam, and wUl, of course, vary with the pres- 
 sure the boiler is intended to sustain. I surround the opening con- 
 taining the fiisible alloy, by a tube, B, intended to conduct off any 
 steam which may be discharged therefrom. When the temperature 
 of the steam in such a boiler rises to its assigned limi1^ the fusible al- 
 loy will melt, and allow the steam to escape freely, thereby securing 
 it from all danger of explosion. What I claim as my invention, and 
 desire to secure by letters patent^ is the application to steam boUers 
 of a fusible aJloy, which will melt at a given temperature, and allow 
 the steam to escape, as herein described, using any metallic com- 
 pound which will produce the intended effect. 
 
 Witness, G. H. A. B 
 
 E. R 
 
 § 807. Specification of a Machme} 
 
 To aU whom it may concern : 
 
 Be it known. That I, A. B., of , in the county of , 
 
 and State of , have invented a new and useful machine 
 
 for , \state the me and title of the machine; and if the appli- 
 
 cation is for an improvement, it should read thus: a new and useful 
 Improvement on a [or, on the] machine, &o.] : and I do hereby 
 
 1 where the specification is of an improvement, tlie original iAveitioa ehould b« diA- 
 Clainied. and the claim Confined entirely to the improiremeot. 
 
446 NEW CLERK'S ASSISTANT. 
 
 declare that the following is a full, clear, and exact description, of the 
 construction and operation of the same, reference being had to the 
 annexed drawings, m airin g a part of this specification, in which figure 
 1, is a perspective view; figure 2, a longitudinal elevation; figure 3, 
 a transverse section, &c., [describe all the sections of the drawings, 
 and refer to the parts hy letters. Then give a description of the 
 construction and operation of the machine, and conclude with the 
 claim, which should express the nature and character of ihe inven- 
 tion, and identify the part or parts claimed, separately, ^ or in comhi 
 nation.'\ 
 
 Witness, G. H. A- B. 
 
 E. F. 
 
 § 808. Oath to Accompany SpeeificaMon, 
 County of , State of , ss : 
 
 On this day of > 18 , before the subscriber, a Justice 
 
 of the Peace in and for the said county, personally appeared the 
 within named A. B., and made solemn oath, \or, affirmation,] that 
 he verily believed himself to be the original and first inventor of the 
 mode herein described for preventing steam boilers from bursting: 
 and that he did not know, or believe, that the same was ever before 
 known or used ; and that he was a citizen of the United States. 
 
 G. H., Justice of the Peace. 
 
 § 809. Application for a Patent on a Design.' 
 To the Commissioner of Patents: 
 
 The petition of A. B., of the town of , and county 
 
 of , in the State of , respectfully represents : That your 
 
 petitioner has- invented or produced a new and original design or fig- 
 ure to be stamped or printed on fabrics, which, when thus printed, 
 are termed calicoes, which he verily believes has not been known 
 prior to the invention or production thereof by your petitioner. He 
 therefore prays that letters patent of the United States may be 
 granted to him therefor, vesting in him and his legal representatives 
 the exclusive right to the same, upon the terms and conditions ex- 
 pressed in the act of Congress in that case made and provided ; ho 
 having paid fifteen dollars into the treasiiry, and complied with the 
 other provisions of the said act A- B. 
 
PATENTS. 447 
 
 § 810, Certificate of Deposit of the Patent Fee. 
 
 The Bank of : 
 
 The Treasurer of the United States has credit at this ofiSce, for 
 
 dollars in specie, deposited by A. B., of the towB of 
 
 , in the county of , and State of , the 
 
 same being for a patent for a steam boiler, [or, as tlie case irwty Je.] 
 
 § 811. Withdrawal, with Accompanying Receipt. 
 
 Sir : I hereby Trithdraw my application for a patent for improve- 
 ments in the steam boiler, now in your office, and request that twenty 
 dollars may be returned to me, agreeably to the act of Congress 
 authorizing such withdrawal. A. B. 
 
 Washington, March 15, 1847. 
 Eeceired of the Treasurer of the United States, per Hon. E. B., 
 Commissioner of Patents, twenty dollars, being the amount refunded 
 on withdrawing my application for a patent for improvements, &c. 
 
 § 812. Surrender of a Patent for Re-issue. 
 
 To the Commissioner of Patents: 
 
 The petition of A. B., of , in the county of , 
 
 and State of , respectfully represents : That he did obtain 
 
 letters patent of the United States, for an improvement in the boHers 
 of steam engines, which letters patent are dated on the first day of 
 March, 18 ; that he now believes that the same is inoperative and 
 invalid, by reason of a defective specification, which defect has 
 arisen from inadvertence and mistake. He therefore prays that he 
 may be allowed to surrender the same, and requests that new letters 
 patent may issue to him for the same invention, for the residue of 
 the period for which the origmjl patent was granted, under the 
 amended specification herewiUi presented; he having paid fifteen 
 dollars into the treasury of the United States, agreeably to the re- 
 quirements of the act of Congress in that case made and provided. 
 
 § 813. Assignment of a Patent Right. 
 
 Whereas, letters patent, bearing date the day of , JL 
 
 D. 18 , were granted and issued by the government of the United 
 States, undej" the seal thereof, to A. B., of, &c., for an improvement 
 
IfEW CLERK'S ASSISTANT. 
 
 la machineiy, for sawing and jointing building stares, of all sorts and 
 sizes, [a general description of the invention shmld be giveni\ a more 
 full and particular description whereof is annexed to the said letters 
 patent, in a schedule ; by which letters patent, the full and exclusive 
 right and liberty of maJdng and using the said invention, and of 
 vending the same to others to be used, was granted to the said A, 
 B., his heirs, executors, administrators and assigns, for the term of 
 fourteen years from the date thereof :* Now, therefore, this inden- 
 ture witnesseth : That I, the ^aid A. B., for and in consideration of 
 the sum of dollars, to me in hand paid, by C. D., o^ «fec., the 
 
 receipt whereof is hereby acknowledged, have granted, assigned and 
 set over, and by these presents do grant, assign and set over, unto 
 the said C. D., his executors, administrators and assigns, the said let- 
 ters patent, and all my right, title and interest, in and to the said 
 invention, so granted unto me.; to have ana to hold the said letters 
 patent and invention, imto the said 0. D., his executors, adminis- 
 trators and assigns, in as full and ample a maimer, to all intents and 
 purposes, as I might have or hold the same, were these presents not 
 executed, for and during the rest and residue of the said term of 
 fourteen years. 
 
 In witness whereof, I have hereunto set my hand and seal, this 
 day of , 18 . 
 
 In presence of ) A--B. Fi**! 
 
 &. IL f 
 K F. 
 
 § 814. The same, where the Patentee has Sold a Moiety, and he 
 and the Assignee Sell the Right for a single State. 
 
 Whereas, &c., [as in § 813, to the *, and then add:'\ and whereas 
 the said A. B. has duly sold and assigned the undivided half or moi" 
 ety, of the said letters patent and invention, and his right, title and 
 interest, in and to the same, to E. F., of, &o.< his executors, adminis- 
 trators and assigns, by indenture, dated the day of , 
 A. D. 18 . : Now, therefore, this indenture witnesseth: That we, 
 the said A. B. and E. F., for and in consideration of the sum of 
 dollars, to us in hand paid, by C. D., of, &c., the receipt 
 whereof is hereby acknowledged, have granted, bargained and set 
 over, and by these presents do grant, bargain and set over, unto the 
 Said C. D., his executors, administrators and assigns, the full and 
 exclusive right of making, constructing, using, and vetiding to others 
 to be used, the said invention and imprt)vement;as above mentioned, 
 in and for the State of New York; to have and to hold the same 
 unto the said C. D., his executors, administrators and assigns, in and 
 for the State afote^aid, in as full atid ample a manner, to all intents 
 
PATENTS. 449 
 
 and purposes, as we might have or hold the same, ■were these pre- 
 sents not executed, for and during the rest and residue of the said 
 term of fourteen years. 
 In witness, &c., [o« in § 813.] 
 
 § 815. Assignment of the Might in a Patent for One or More 
 States. . 
 Whereas, I, A. B., of , in the county of , and 
 
 State of , did obtain letters patent of the United States, foe 
 
 certain improvements in steam engines, which letters patent bear 
 date the first day of March, 1835 ; and whereas, C. D., of , 
 
 aforesaid, is desirous of acquiring an mterest therein: Now this 
 indenture witnesseth, that for and in consideration of the sum of two 
 thousand dollars, to me in hand paid, the receipt whereof is hereby 
 acknowledged, I have assigned, sold and set over, and do hereby 
 assign, sell and set over, all the right, title and interest, which I have 
 in the said invention, as secured to me by said letters patent, for, to, 
 and in, the several States of New York, New Jersey and Pennsyl- 
 vania, and in no other place or places: the same to be held and 
 enjoyed by the said C' D., for his own use and behoof and for the 
 use and behoof of his legal representatives, to the full end and term 
 for which the said letters patent are or may be granted, as fuUy and 
 entirely as the same would have been held and enjoyed by me, had 
 this assignment and sale not have been made. 
 In witness, &c., [as in § 813.] 
 
 § 816. Assignment before Obtaining Letters Patent, which must 
 be Recorded preparatory thereto. 
 
 Whereas, I, A. B., of , in the county of , and 
 
 State of , have invented certain new and useful improvements 
 
 in the boilers of steam engines, for which I am about to make appli- 
 cation for letters patent of the United States; and whereas, C. D., 
 of , aforesaid, has agreed to purchase from me, ajl the right, 
 
 title and interest, which I have, or may have, in and to the said in- 
 vention, in consequence of the grant of letters patent therefor, and 
 has paid to me, the said A. B., the sum of five thousand dollars, the 
 -eceipt of which is hereby acknowledged. Now this indenture wit- 
 nesseth : That for and in consideration of the said sum to me paid, I 
 have assigned and transferred, and do hereby assign and transfer, to 
 the said C. D., the fuU and exclusive right to all the improvements 
 made by me, as fuUy set forth and described in the specification 
 which I have prepared and executed, preparatory to the obtaining of 
 29 
 
450 NEW CLERK'S ASSISTANT. 
 
 letters patent therefor. And I do hereby authorize and request the 
 Commissioner of Patents to issue the said letters patent to the said 
 C. D., as the assignee of my whole right and iitle thereto, for the 
 sole use and behoof of the said C. D., and his legal representatives. 
 In witness, &c., [as in § 813.] 
 
 § 817. Disclaimer.' 
 To the Commissioner of Patents : 
 
 The petition of A. B., of , in the county of , and 
 
 State of , respectfully represents : That he has, by assign- 
 
 ment, duly recorded in the patent office, become the owner of a right 
 for the several States of Massachusetts, Connecticut and Rhode 
 Island, to certain improvements in the steam engine, for which let- 
 ters patent of the United States were granted to C. D., of Boston, 
 in the State of Massachusetts, dated on the first day of March, 1835 ; 
 that he has reason to believe, that, through inadvertence and mistake, 
 the claim made in the specification of said letters patent is too broad, 
 including that of which the said patentee was not the first inven- 
 tor. Your petitioner, therefore, hereby enters his disclaimer to that 
 part of the claim in the aforenamed specification, which b in the 
 following words, to wit: "I also claim th6 particular manner in 
 which the piston of the above described engine is constructed, so as 
 to insure the close fitting of the packing thereof to the cylinder, as 
 set forth; " which disclaimer is to operate to the extent of the inte- 
 rest in said letters patent vested in your petitioner, who has paid ten 
 dollars into the treasury of the United States, agreeably to the 
 requirements of the act of Congress in that case made and provided. 
 
 A.B. 
 
 § 818. Caveat. 
 To the Commissioner of Patents : 
 
 The petition of A. B., of , in the county of , and 
 
 State of , respectfully represents: That he has made certain 
 
 improvements in the mode of constructing the boilers of steam en- 
 gines, and that he is now engaged in making experiments for the 
 purpose of perfecting the same, preparatory to his applying for let- 
 ters patent therefor. He therefore prays, that the subjoined descrip- 
 tion of his invention may be filed as a caveat, m the confidential 
 
 > When the disclaimei is made by the original patentee, it must be so worded u to ezprex 
 that fact. 
 
PATENTS. 451 
 
 archives of the patent oflSce, agreeably to the provisions of the act 
 of Congress in tiiat case made and provided ; he having paid twenty 
 dollars into the treasury of the United States, and otherwise complied 
 with the requirements of the said act 
 
 March 1, 1838. A. B. 
 
 § 819. AdcUtion of New ImprovemmU. 
 
 To the Commissioner of Patents : 
 
 The petition of A. B., of , ia the county of , and 
 
 State of , respectfully represents: That your petitioner did 
 
 obtain letters patent of the United States, for an improvement in the 
 boilers of steam engines, which letters patent are dated on the 
 day of , 18 ; that he has since that date, made certain 
 
 improvements on his said invention, and that he is desirous of add- 
 ing the subjoined description of his said improvement to his original 
 letters patent, agreeably to the act of Congress in that case made 
 and provided ; he having paid fifteen dollars into the treasury of the 
 United States, and otherwise complied with the reqxdrements of the 
 <iaid act A. B. 
 
 §820. Oath on Restoring Drawings, to Replace the Originals 
 Destroyed in the Patent Office. 
 County of ) 
 
 State of P®= 
 
 On this day of , 18 , before the suoscriber, a 
 
 Justice of the Peace in and for said county, personally appeared A. 
 B., of , in the State of , and made solemn oath, 
 
 that he is the inventor \or; is interested in the invention, as adminis- 
 trator, &o.,] of an improved mode of preventing the epsplosion of 
 steam boilers, for which letters patent of the United States were 
 granted to him, [or, to C. D.,] dated the day of » 18 , 
 
 and that the annexed drawing [or, sketeh] is, as he verily believes, a 
 true delineation of the invention described in the said letters patent, 
 
 6. H., Justice, &C. 
 
CHAPTER XXXin. 
 PENSION VOUCHERS. 
 
 PRACTICAL REMARKS. 
 
 1. Widen application is made for the payment of a pension, the 
 identity of tte person must be established by affidavit, setting forth 
 a copy of the original certificate, &c., as in the following forms. The 
 deposition must be signed by the deponent, and where the pension 
 has been increased since the certificate was given, the magistrate will 
 note the fact The requisite depositions may be taken before any of- 
 ficer authorized to administer oaths. 
 
 2. Where a pension has remained unclaimed, by any pensioner, for 
 the term of fourteen months after the same became due and payable 
 application must be made to the Department of the Interior, at Wash- 
 ington ; and in such case, additional proof of the identity of the ap- 
 plicant will be required. 
 
 3. AU interlineations in pension-vouchers should be carefully 
 noted by the magistrate, before the execution. 
 
 4. When application for the payment of a pension is made by an 
 attorney, he must deposit with the agent the power of attorney, duly 
 acknowledged, and dated on or subsequent to the day on which the 
 pension claimed became due, together with an affidavit made by him- 
 self. 
 
 5. In all cases of payments upon a'Jiower of attorney, the Justice of 
 the Peace, or Magistrate, before whom the power is executed, must 
 have lodged with the agent, the certificate of the clerk of some court 
 of record, under the seal of the court, that he is legally authorized to 
 act as such, and, also, a paper bearing his proper signature, certified of 
 be such, by the clerk of some court of record. 
 
 6. In case of the death of any pensioner, the arrears due to him at 
 the time of his death, miist be paid as follows : 
 
PENSION VOUCHERS. 453 
 
 i. To the -widow of the deceased, or to her attorney, proving her- 
 self to he such before a court of record ; or, 
 
 II. If there be no widow, then to the executor or administra'ior on 
 the estate of such pensioner, for the sole and exclusive benefit of the 
 children, to be by him distributed among them in equal shares ; but 
 the arrears of pension are not to be considered a part of the assets of 
 the estate, nor as liable to be applied to the payment of the debts of 
 such estate, in any case whatever. 
 
 7. In case of the death of a pensioner who is a widow, leaving chil 
 dren, the amount of pension due at the time of her death, must be 
 paid to the executor or administrator, for the benefit of her children, 
 as directed in the foregoing paragraph. 
 
 8. In case of the death of a pensioner, whether male or female, 
 leaving children, the amount of pension in arrear may be paid to any 
 one, or each of them, as they may prefer, without the intervention 
 of the administrator. If one of the children is selected to receive the 
 amount due, he, or she, must produce a power of attorney fi:om the 
 others for that purpose, duly authenticated. 
 
 9. If there be no widow, child, or children, then the amount due a 
 pensioner, at the. time of his death, must be paid to the legal repre- 
 sentatives of the deceased. 
 
 10. Where an executor or administrator applies for the pension, 
 due to a deceased person, he must deposit with the agent for paying 
 pensions, a certificate of the Clerk of the Court, Judge of Probate, 
 Register of WiUs, Ordinary, or Surrogate, as the case may be, sta- 
 ting that he is duly authorized to act in that capacity, on the estate of 
 the deceased pensioner, and, if a male, that it has been proved to his 
 satis^tiou that there is no widow of the smd pensioner living. 
 
 1 1. The original certificate of pension must be surrendered at the 
 time the moneys due a deceased pensioner are paid ; or, if such certifi- 
 tate cannot be obtained for surrendry, substantial evidence of the 
 'dentity, and that due search and inquiry have been made for the 
 certificate, and that it cannot be found, must be produced. The date 
 of the pensioner's death must be proved before a court of record. 
 
 12. Where facts are proved before the clerk of a court, his certi- 
 ficate, stating the same, under his seal of oflBce, must be obtained. 
 
 13. When the guardian of a pensioner applies for a pension, he 
 must, in addition to the evidence of the pensioner's identity, deposit 
 ■with the pension-agent a certificate from the proper authority, stating 
 that he is, at that time, acting in that capacity, and also, satisfactory 
 evidence that his ward was living at the date the pension claimed be- 
 came due. 
 
 14 Pension agents are authorized tc administer all oaths required 
 to be administered to pensioners or their attorneys, and to charge the 
 same fees as magistrates are authorized to do by the laws of their re- 
 spective States. ' 
 
 iLavsofU. S. 1840. 
 
■154 NEW CLERK'S ASSISTANT. 
 
 FORMS. 
 
 § 821. Oaih of Pensioner. 
 
 State of ,) g. 
 
 County, J 
 
 Be it known, that befOTe.me, G. H., a Justice of the Peace, in and 
 for the county aforesaid, duly authorized by law to administer oaths, 
 personally appeared A. B., and made oath, in due form of law, that 
 he is the identical person named in an original certificate in his pos- 
 session, of which (I certify) the following is a true copy ; [insert here 
 a copy of the certificate of pension, indvding names and daies;'\ 
 that he now resides in , and has resided there for the space 
 
 of years last past, and that previous thereto he resided in 
 
 ;* and that he has not been employed, or paid, in the army, 
 navy, or marine service of the United States, from the day 
 
 of ,to .* 
 
 Sworn and subscribed, this ) A- B. 
 
 day of ,18 , before me, J 
 
 G, H., Justice of the Peace.* 
 
 7»fss: 
 
 § 822. Certificate, where Pension has not been Brawn for Fourteen 
 Months — to be Annexed to the Foregoing Deposition. 
 
 State of 
 
 County, 
 May 1st, 1849. 
 
 I, G. H., a magistrate in the county above named, do hereby cei- 
 tify, that I have the most satisfactory evidence, viz: [state what the 
 evidence is, whether personal knowledge, or the affidavits of respect- 
 able persons, giving their names :'\ that A. B., who has this day ap- 
 peared before me to take the oath of identity, is the identical person 
 named in the pension certificate, which he has exhibited before me, 
 numbered , and bearing date at the War OflSce, the 
 
 day of ,18 , and signed by W. L. M., Secretary of War. 
 
 Given under my han4 at , on the day and year above 
 
 written. 
 
 G. H., Justice of the Peace. 
 
 1 Where the pensioa has been iacreased since the certificate was given, the magistrate 
 must note that fact. In the ease of a revolutionary pensioner, that part of § 821 between tlia 
 two *8 may be omitted. 
 
PENSION VOUCHERS. 455 
 
 § 823. Certificate of the Cleric, to Accompany § 822. 
 
 State of New York, > 
 County, \ 
 I, W. B. , Clerk of the Court, of the county and State 
 
 aforesaid, do hereby certify, that G. H. is a Justice of the Peace, in 
 and for said county, duly commissioned and qualified; that his com- 
 mission was dated on the day of , 18 , and will 
 expire on the day of ,18 ; and that his signature 
 above written is genuine. 
 r 1 Given under my hand, and the seal of said county, this 
 L^^-l day of ,18 . W.B., Clerk. 
 
 § 824. Power of Attorney, and Acknowledgment. 
 
 Know all men by these presents : That I, A. B., of , a 
 
 revolutionary \or, an invalid, as the case may Je,] pensioner of the 
 United States, do hereby constitute and appomt E. F. my true and 
 lawful attorney, for me, and in my name, to receive from the agent of 
 the United States for paying pensions in Albany, State of New York, 
 my pension from the day of , 18 , to the 
 
 day of , 18 . 
 
 "Witness my hand and seal, this day of ,18 
 
 Sealed and delivered in ) A. B. [l. s.] 
 
 presence of J 
 
 CD. 
 
 State of ,) . 
 
 County, ) 
 
 Be it known, that on the day of ,18 , before 
 
 the subscriber, a Justice of the Peace in and for said county, duly 
 authorized by law to administer oaths, personally appeared A. B, 
 above named^ and acknowledged the foregoing power of attorney to 
 be his act and deed. 
 
 In testimony whereof, I have hereunto set my hand, the day and 
 year last above mentioned. 
 
 G. K, Justice of the Peace. 
 
 State of , ) 
 
 County, ) 
 
 § 825. Oath of the Attorney. 
 
 ss: 
 
 Be it known, that on the day of ,18 , before 
 
 the subscriber, a Justice of the Peace in and for said county, duly au- 
 thorized by law to administer oaths, personally appeared E. F., the 
 attorney named in the foregoing power of attorney, and made sath 
 
456 NEW CLERK'S ASSISTANT. 
 
 that he has no interest -whatever in the money he is authorized to re- 
 ceive, by virtue of the foregoing power of attorney, either by any 
 pledge, mortgage, sale, assignment, or transfer; and that he does not 
 know or believe that the same has been so disposed of to any person 
 whatever. 
 
 Sworn and subscribed, the day and year ) E. F. 
 
 last above mentioned, before me, f 
 
 G. H., Justice of the Peace. 
 
 § 826. Oath of Qvardianfor Petmoner. 
 
 State of ' I • 
 
 County, f ■ 
 Be it known, that before me, H. T. C, a Justice of the Peace in 
 and for said county, duly authorized by law to administer oaths, per- 
 sonally appeared G-. H., guardian of A. B., and made oath, in due 
 form of law, that the said A. B. is stiU living, and is the identical 
 person named in the original certificate in his possession, of which (I 
 certify) the following is a true copy : [insert here a copy of the cer- 
 tificate of pension, indvding names and dates i\ That he resides in 
 , and has resided there for the space of years past, 
 
 and that previous thereto he resided in 
 
 Sworn and subscribed, this ) G. H., Guardiaa 
 
 day of 1 18 , before me, j 
 
 H. T. C, Justice of the Peace. 
 
 § 827. Oath of a Widow, a Pensioner. 
 
 State [or, Territory] of » l ss- 
 
 County of , ) ' 
 
 Be it known, that before me, Q. H., a Justice of the Peace, duly 
 authorized by law to administer oaths, in and for the county afore- 
 said, personally appeared M. B., and made oath, ia due form of law, 
 that she is the identical person named in an original certificate in her 
 possession, of which (I certify) the following is a true copy: [Insert 
 here a copy of her certificate of pension, including names and dates:'\ 
 That she has not intermarried, but continues the widow of the above 
 mentioned A. B. ; and that she now resides in , and has 
 
 resided there for the space of yeais past; and that previous 
 
 thereto she resided in ; of the truth of whish statements I .im 
 
 fully satisfied. 
 
 Sworn to and subscribed, this ) M. B, 
 
 day of 1 18 , before me, ) , 
 
 G. H., Justice of the Peace. 
 
PENSlOlf VOUCHEES. 457 
 
 § 828. Oath of a Widow, who drew a Pension vmder the Act of 
 March Zd, 1843. 
 
 $" 
 
 United States of America, 
 State of , 
 
 County, 
 
 Be it known, that before me, G. H., a Justice of the Peace, in and 
 for the county aforesaid, duly authorized by law to administer oaths, 
 personally appeared M. B., and made oath, in due form of law, that 
 she is the identical person who drew a pension xmder the act of the 
 3d of March, 1843, on account of the revolutionary service of her 
 husband, the late, [insert here the name and ranis of the husband,'\ 
 at the rate of $ per annum; that she now makes this affidavit 
 
 for the purpose of drawing a pension under the act of Congress, 
 passed on the l7th of June, 1844, entitled "An Act to continue the 
 pensions of certain widows ; " that she has not intermarried, but con- 
 tinues to be a widow ; that she now resides in , in the county 
 of , and State of , and has resided there for the 
 space of years past; and that previous thereto she resided 
 m 
 
 Sworn to and subscribed, this day "j M. B. 
 
 of , 18 , in presence of >■ 
 
 K P. before me, ) 
 
 G. H., Justice of the Peace. 
 
 § 829. Oath of Identity for the Widow, or ChUd, of a Deceased 
 
 Pensioner. 
 
 State of 'Iss- 
 
 County, j 
 Be it known, that before me. G. H., a Justice of the Peace in and 
 for the county aforesaid, duly authorized by law to administer oaths, 
 personally appeared M. B., and made oath, in due form of law, that 
 she [or, he] is the widow [or, son; or, daughter] of A B., the iden- 
 tical person who was a pensioner, and is now dead, and to whom a 
 certificate of pension was issued^ whichis herewith surrendered: 
 That the deceased pensioner resided in , in the State of 
 
 , for the space of years before his death; and that 
 
 previous thereto he resided in .' 
 
 Sworn and subscribed, this ) MB, 
 
 day of , 18 , before me, J 
 
 G. H., Justice of the Peace. 
 
 ' Where the pension has been increased, the magistrate should i> ita 1>^ '*!t 51m ahora 
 form may housed for an executor or administrator, by aubstuutlns tlie woni eawmtor" 
 or "administrator" for " widow." 
 
 T 
 
458 jjEW CLERK'S ASSISTANT. 
 
 § 830. Power of Attorney for the Widow, or Child, of a Deceased 
 Pensioner} 
 Know all men by these presents : That I, M. B., of , in the 
 
 county of , State of , widow [or, child,] of A. B., 
 
 who was a revolutionary [or, an invalid] pensioner of the United 
 States, do hereby constitute and appoint E. F., my true and lawful 
 attorney, for me, and in my name, to receive from the agent of the 
 United States for paying pensions in , State of , the 
 
 balance of said pension from the day of ,18 , to 
 
 the day of ,18 , being the day of his death. 
 
 Witness my hand and seal, this day of ,18 
 
 Sealed and delivered ) M. B. [l. s.] 
 
 in presence of j" 
 CD. 
 
 § 831. Certificate of the Court as to the Death of a Pensioner. 
 
 State of » 1. • 
 
 County of , j ' 
 
 I, W. B., Clerk of the Court of , holden at ■ , 
 
 in and for , do hereby certify, that satisfactory evidence has 
 
 been exhibited to said court, that A. B. was a pensioner of the 
 United States at the rate of dollars per ; was a 
 
 resident of the county of , in the State of , and 
 
 died in the , m the State of , in the year 18 , on 
 
 the day of ; that he left a widow, [or, left no 
 
 widow; or, left a child, or, left children,] whose name is [or, whose 
 names are] M. B., [or, K B., C. B., &c., &c.] [ijf the certificate has 
 been lost, insert here, in addition: And that the pension certificate 
 of said pensioner has been lost, and, after due search and inquiry 
 therefor, it cannot be found.] 
 
 In testimony whereof I have hereunto set my hand and a£Sxed 
 r 1 my seal of ofi&ce, at , this day of , 
 
 '^^•i in the year of our Lord 18 
 
 W. B., Clerk of the 
 
 § 832. Oath where Pension Certificate is Illegally Withheld. 
 
 State of ,) g. 
 
 County, J 
 Be it known, that before me, G. H., a Justice of the Peace, in and 
 for the county aforesaid, duly authorized by law to administer oaths. 
 
 1 Tor forms of acknowledgment, and attorney's oath, see §§ 824 and 825. Where ono of the 
 children is appointed ty tlie others to receive the balance, the attorney's oath is lart required. 
 
PENSION VOUCHEES. 459 
 
 personally appeared A. B., and made oath, in due form of law, that 
 lie [or, she] is the identical A. B. named in an original pension certi- 
 ficate now UlegaUy withheld by, [here state the facts respecting the 
 detention of the pension certificate ,'1 that he [or, she] is entitled to a 
 pension of [insert the amount to which the pensioner is entitled at the 
 time of making the oath,"] dollars per month ; that he [or, she] now 
 resides in , and has resided there for the space of , 
 
 years past ; and that previous thereto, he [or, she] resided in 
 
 Sworn and subscribed, this ) A. B. 
 
 day of » 18 , before me, t 
 
 Q. H., Justice of the PeacCi 
 
 y, Css: 
 
 § 833. Certificate of Magistrate and GkrJe, to Accompany § 832. 
 
 State of 
 
 County, 
 May Ui, 1849. 
 
 Conformably to the regulations of the War Department of the 
 27th of October, 1832, 1, G. H., a magistrate in the county above 
 named, do hereby certify that I have the most satisfactory evidence, 
 viz : [state what the evidence is; whether personal hnowledge, or the 
 affidavits of respectable persons, giving their names,'] that A. B., who 
 this day appeared before me to take the oath of identity, is the iden- 
 tical pensioner he [or, she] declares himself [or, herself] to be, in 
 the annexed afiSdavit; and I am also satisfied that the statement 
 made by him [or, her] in relation to the pension certificate, is true. 
 
 Given under my hand, at , the day and year above written. 
 
 G. H. 
 
 I, W. B., Clerk of the Court of county, certify 
 
 that G. H. is a magistrate, as above, and that the foregoing certifi- 
 cate, purporting to be his, is genuine. 
 In testimony whereof, I have hereunto affixed my seal of office, 
 r 1 and subscribed my name, this day of 
 
 "*^' in the year 
 
 W. B., Clerk of the Court of county 
 
CHAPTER XXXIV. 
 
 t 
 
 PLANK iND TURNPIKE EOADS. 
 
 rEACTICAL REMARKS. 
 
 1. Any number of persons, not less than five, may form them- 
 selves into a corporation for the purpose of constructing and owning 
 a plank or turnpike road, imder the Laws of the State of New York. 
 In order to form such a corporation, notice of the time and place or 
 places, where books for subscribing to the stock of such road will be 
 opened, must be given in at least one newspaper, printed in each 
 county through which the road is to be constructed. When stack 
 to the amount of five hundred dollars for each mile of the pro- 
 posed road has been subscribed in good faith, the subscribers may 
 choose directors and make and sign articles of association, which 
 articles are to be filed in the office of the Secretary of State; and.' 
 thereupon the subscribers will become a body corporate, clothed 
 with the powers and privileges, and subject to the liabilities of corpo- 
 rations gttnerally, as contained in titles three and four of chapter 
 eighteen of the first part of the Eevised Statutes, (volume I, 3d 
 edition, pp. 7l3-'?36.)' 
 
 2. The articles of association are not to be filed till five per cent 
 on the amount of stock subscribed shall have been, in good faith, paid 
 in to the directors in cash, to be verified by the affidavit of at least 
 three of the directors. Copies of the articles, and of the affidavit 
 indorsed, certified to be correct by the Secretary of State, may be 
 read m any state court as presumptive evidence of the incorporation 
 of the Company, aad of the facts therein stated. 
 
 ' Laws of 1847, chap. 210; Id., chap. 287; I Laws of 1849, chap. 250; Laws of 1850. 
 H., chap. 393; Laws of 1848, chap. 360 ; | chap. 71. ' •■ . , 
 
PLANK ROADS. 461 
 
 3. Whenever a plank or turnpike road company desires to con- 
 struct a road through any part of any county, application must be 
 made to the Board of Supervisors, notice of ■which must be pub- 
 Ushed for six successive weeks, in all the newspapers printed in the 
 county, or in three, if there be more than three. Special meetings 
 of the Board of Supervisors may be called to hear the application, 
 any three of the members thereof fixing the time of the meeting. 
 The expenses of a special meeting are to be paid by the Company, 
 for whose benefit the same is called. Upon the hearing of the ap- 
 plication, owners of land on the line of the proposed road, and all 
 peraons residing in the coimty, may appear and be heard ; and testi- 
 mony may be taken by the Board, or by any judicial oflicer autho- 
 rized by it If the Board are of opinion that the public interests will 
 be promoted by the construction of the proposed road, they may, by 
 a majority vote, authorize the same to be laid out and constructed. 
 
 4. Where a road is authorized to be constructed by a Board of 
 Supervisors, they must appoint three disinterested persons, not the 
 owners of real estate in any town through which the proposed road 
 is to be constructed, or in any town adjoining such town, as Commis- 
 sioners to lay out the same. The Commissioners are required to 
 hear all persons interested, at »such time or times as they may ap- 
 point, to take testimony, to determine the width of the road, and to 
 make an actual survey and description thereof, as laid out by them. 
 The survey is to be signed and acknowledged in the same manner as 
 conveyances of real estate, and recorded in the Clerk's office of the 
 county. Where a road is proposed to be constructed in more than 
 one county. Commissioners are to be appointed in each county. 
 Each Commissioner is entitled to receive two dollars per day for Hs 
 fees, to be paid by the Company. 
 
 5. No plank or turnpike road can be laid out through an orchard 
 of the growth of four years or more, to the injury of fruit trees, or 
 throug^i a garden cultivated four years or more, unless with the con- 
 sent of the owner of such orchard or garden; nor can any such 
 road be laid out through any dwelling-house, or building con- 
 nected therewith, or any yard, or mclosure properly appurtenant 
 thereto, without the consent of the owner; neither can a plank oi 
 turnpike road company, bridge any stream navigable by vessels or 
 steamboats, or in any manner so as to obstruct ttie passage of rafts 
 twenty-five feet in width. 
 
 6. Where the route of a plank or turnpike road has been laid out 
 and surveyed by Commissioners, the Company may enter upon and 
 take possession of the lands described in the survey, provided the same 
 be purchased of the owners thereof But if, on account of the ina- 
 bility or unwillingness of the owners to sell or convey, the right to 
 such lands cannot be acquired, application must be made to the 
 County Judge, by whom a jury will be drawn to hear the parties 
 
462 NEW CLERK'S ASSISTANT. 
 
 Jiterested, take testimony, and ascertain and assess the damages 
 The verdict of the jury will be final, unless application be made 
 within twenty days to the Supreme Court for a new trial, and un- 
 less such application be granted. 
 
 7. Lands may be obtained by a plank or turnpike road company, 
 for the construction of a road, by purchase of the owner or owners, 
 and in such case no application to the Board of Supervisors wUl be 
 necessary. An accurate survey must be made by a practical sur- 
 veyor, signed by the President and Secretary of the Company, 
 acknowledged by them, and recorded in the County Clerk's office. 
 
 8. Where it is desired to construct a plank or turnpike road on 
 the line of a public highway, the Supervisor and Commissioners of 
 Highways of any town, or a majority of them, if there be more than 
 one Commissioner, may, with the consent ia writing of at least two- 
 thirds of all the owners of land along such highway, actually residing 
 on the line of the proposed road and on such highway, agree with 
 the Company upon the compensation and damages. This agTee- 
 ment must be in writing, and must be filed in the office of the Town 
 Clerk. In case such agreement be entered into, and an accurate 
 survey be made, signed, acknowledged, and recorded, no application 
 to the Board of Supervisors will be ngcessary ; otherwise, the dama- 
 ges must be ascertained by a jurytobe called by the County Judge; 
 and if the Supervisor and Commissioners refuse to give their con- 
 sent to the construction of the proposed road, application must be 
 made to the Board of Supervisors for their assent Moneys received 
 by Commissioners of Highways for compensation and damages, must 
 be expended in improving the highways in theur respective towns. 
 
 9. Three inspectors of plank and turnpike roads are to be ap- 
 pointed by the Board of Supervisors in each county in which any 
 such roads may be constructed. They hold their offices during the 
 pleasure of the Board, and are allowed two dollars per day for their 
 services, to be paid by the Company whose road they may Aspect, 
 
 10. Plank and turnpike roads are not to exceed four rods in 
 width, except with the consent of the owners of adjoining lands ; and 
 the Commissioners, or Inspectors, may fix the width at four rods, or 
 less than that, if they choose so to do. 
 
 11. Whenever a plank or turnpike road Company has constructed 
 three consecutive rmles of their proposed road, they may apply to 
 the Inspectors, or a majority of them, to inspect the road; and if 
 such inspectors, or a majority of them, certify that a sufficient num- 
 ber of nules of road have been constructed according to law, upon 
 filing their certificate, the Company wiU be authorized to take toU. 
 ToU gates, however, are not to be erected within three miles of each 
 other, on the same road. 
 
 12. The rates of toll on plank roads are not to exceed one and a 
 half cents per mile, for vehicles drawn by two animals — one-half cent 
 
PLANK ROADS. 463 
 
 per mile to be added for each additional animal more tlian two ; 
 three-quarters of a^ cent per mile, for every vehicle drawn hy one 
 wimal ; or half a cent per mile, for eveiy score of sheep or swine, 
 and for every horse and rider, or led horse. Turnpike companies may 
 collect three-quarters of a cent per rmle, for every vehicle drawn by 
 one animal; one and one-quarter cent per mile, for every vehicle 
 di-awn by two animals — one-quarter cent per mUe to he ,<|dded for 
 every animal more than two; one cent per mile, for evei^core of 
 neat cattle ; and one-half cent per mile, for every score of sheep or 
 swine. Rates of tolls may be determined by the distance between 
 toll gates, instead of the distance actually traveled, except that 
 where persons reside within one mile of a gate, only half tolls are to 
 be exacted from them at such gate.i 
 
 13. Persons going to or from any court to which they have been 
 summoned as jm-ors, or subpoenaed as witnesses ; going to or from 
 any training at which they are by law required to attend ; going to 
 or from religious meetings ; going to or fi-om any funeral, or belong- 
 ing to a funeral procession ; or going to any town meeting or election 
 at which they are entitled to vote, for the purpose of voting, and 
 returning therefrom ; are exempt from the payment of tolls at the 
 gates of plank road companies. Farmers going to or returning from 
 their work on their farms, when not employed in the transportation 
 of other persons or their property, and troops in the actual service of 
 the State, or of the United States, are also exempt from tolls on 
 plank roads. Persons going to or returning from any grist mUl or 
 blacksmith's shop, where they ordinarily get their grindmg or black- 
 smith's work done, for the eipress purpose of getting grinding or 
 blacksmith's work done, are exempt from the payment of toll at one 
 gate only, within five miles of their residence, provided the plank 
 road be constructed on a public traveled highway. 
 
 14. The business and property of a plank or turnpike road com- 
 pany must be managed and conducted by a Board of Directors, 
 consisting of not less than five, nor more than nine, who are to be 
 elected annually, after the first year, at such time and place as may 
 be designated in the by-laws of the corporation. Vacancies are to 
 be fiUed by the remaining directors, for the remainder of the year. 
 
 16. It is the duty of the directors of every plank or turnpike road 
 company, to make an annual report to the Secretary of State, under 
 the oath of at least two of the directors, stating the cost of their road ; 
 the amount of their capital stock; the amount expended; the amount 
 paid in ; the whole amount and the annual amount of tolls and earn- 
 ings, in separate items ; the amount set apart tor a reparation fund ; 
 and the amount of indebtedness of the company, with the object for 
 which it accrued. 
 
 1 1 Caines' 182; 23 Wendell, 193. 
 
464 HEW CLERK'S ASSISXAIJT. 
 
 16. Branches may be constructed by plank road companies, -with 
 •he written consent of a majority of the inspectors; and the capital 
 Btook may be increased, for that purpose, not exceeding two thou- 
 sand dollars for each mile of additional road. 
 
 17. The inhabitants of any road district in the State may grade, 
 gravel, or plank, the road ci: roads in such district, by anticipating 
 the higlatey labor of such road district, for one or more years, and 
 applyin^^ to the uumediate construclion of such plank or gravel 
 road; and they vriU thereupon be exempt from the labor so antici- 
 pated!; except so far as their labor may be required to keep such 
 
 . road or <roads in repair. Any road so constructed will be a free 
 road. 
 
 FOEMS. 
 § 834. Notice of SubseripUon. 
 
 PLANK BOAD NOTICE. 
 
 Notice is hereby given, that books of Subscription to the capital 
 stock of a company proposed to be incorporated for the construc- 
 tion of a plank [or, turnpike] road from to , to be 
 called " The ' Road Company," will be opened at the house 
 of 0. P., in the city of , on the day of , 
 18 , and that such books will remain open at the said place imtil 
 the whole amount of the capital stock sh^ be subscribed. 
 
 Dated , 18 . 
 
 § 836. Articles of Association for the Formation of a Plank Roaa 
 Company. 
 Articles of Association made and entered into this day 
 
 of , by and between the persons whose names are hereunto 
 
 subscribed, Witnesseth: 
 
 First — That we, the undersigned, do hereby form ourselves into a 
 Corporation, for the purpose of constructing and owning a Plank 
 Boad from to . wholly within the county of , 
 
 \or, counties of , and ] and State of New York. 
 
 Second — The name of such Corporation shall be , and the 
 
 same shall continue years from the day of the date of 
 
 these articles. 
 
PLANK ROADS. 
 
 465 
 
 Third — The capital stock of said Corporation shall be 
 doUars, and shall be divided into shares, of 
 
 lars each. 
 
 dol- 
 
 Fowrth — There shall bb 
 
 B., C. D., &c., of the town of 
 Directors thereof. 
 
 Directors of said Company, and A. 
 , &&, shall be the first 
 
 Fifth — Said Boad shall commence at , in the town of , 
 
 in said county of , and run thence, through a part of said 
 
 town of , to the town «f ; thence through said 
 
 town of , to the village of ; thence through said 
 
 village, (fee, [describe the route to the place of termination, giving 
 each town, vUlage and dty through which it is proposed to con- 
 struct the roadiX 
 
 Sixth — It shall be the duty of the Directors, to issue Scrip to those 
 who shall be entitled to stock in said Company ; when five per 
 cent on the amount of such stock shall have been paid in thereon, 
 w£ich Scrip shall be signed by the President and countersigned by 
 the Secretary of said Company. 
 
 Seventh — It shall be the duty of the Treasurer, 'to indorse upon the 
 Scrip, which shall be held by any Stockholder, every sum which 
 shall be received by such Treasurer thereon, and the time when 
 any such sum shall be ^ received. 
 
 Nunsa of Stockholders. Residence, (Tovn or Village.) County No. Sharaa 
 
 The 
 
 § 836. Scrip Certificate. 
 Plank Road Company, 
 
 This certifies that A. B., of is entitled to shares 
 
 of the capital Stock of the , Plank Boad Company, each 
 
 share being dollars, upon each share of which there has 
 
 been paid the sum of , subject to such future payments as 
 
 may from lime to dme be required by the Directors and the condi- 
 tions of the Articles of Incorporation ; said Stock is transferable 
 only on the books of the Corporation, by the Stockholder in person, 
 or by his attorney, and on surrender of this certificate. In testimony 
 whereof, the President and Secretary have hereunto set their hands 
 at , this day of , 185 . 
 
 • S. G., Secretary. • 30 j g ^ President 
 
466 NE-w CLERK'S ASSISTANT. 
 
 § 837. Affidavit of Amount of Stock paid in. 
 
 State of New York,) , 
 
 County, ss : J 
 A. B., C. D., and E. F., being duly sworn, depose and say, and 
 ench for himself deposeth and saitl^ that they are Directors of " The 
 Road Company," and that five per cent of the capital 
 stock of said Company, described in the within articles of association, 
 has been actually and in good faith paid in to the Directors thereof 
 is cash. 
 
 Sworn to before me ' ) ■ A. B. 
 
 this day of , 18 . [■ CD. 
 
 G. H., County Judge. ) E. R 
 
 [Or any officer authorized to administer oaths.'] 
 
 § 838. Notice of Application to Board of Supervisors} 
 Plank Eoad Notice. 
 
 by "The Road Company." 
 
 Notice b hereby given that application will be made to the Board 
 of Supervisors of the county of , at their annual meeting 
 
 to be held at the Court House in the of , on the 
 
 day of 18 , for then- assent to the constniotion of a 
 
 plank [or, turnpike] road, from the of to the 
 
 of , in said county. 
 
 Dated . 18 . 
 
 § 839. Conveyance of Bight of Way hy Owner. 
 
 This Indenture, made this day of , 18 , between A. 
 
 B., of the town of , in the county of , and State of 
 
 New York, of the first part, and " The Road Company," 
 
 of the second part, Witnesseth: That the said party of the first part, 
 for and in consideration of dollars to him in hand 
 
 paid, and also in consideration that the said Eoad Com- 
 
 pany shall commence and complete a plank road from the 
 of to , has bargained and sold, and by these pre- 
 
 sents does bargain, sell and convey unto the said party of the second 
 part, and its successors, the right of way over and through the lands 
 
 ' Where a epecial meeting is called to hear an application, each member of the Board musf 
 be notitied of the time and place ofeuch meeting, at the expense of the Company. 
 
PLANK ROADS. 4G7 
 
 of the said party of the first part, for the purpose of laying, con- 
 structing, and using such plank road. Said road is to be laid out, 
 constructed and used on the line of the highway, [or, as the ccue 
 may 5e,] leading from to , and to be not exceeding 
 
 four rods in width, including the line and width of the present high- 
 way. 
 
 The route hereby intended to be conveyed, begins at the north 
 line of lands now owned by and occupied by , and 
 
 runs thence northerly to the south line of land owned by 
 and occupied by , in said county of Cayuga. 
 
 Witness the hand and seal of the said party of the first part the 
 day and year first above written. 
 
 Sealed and delivered ) A. B. [i. s.] 
 
 in presence of >■ 
 
 R P. \ ' 
 
 § 840. Consent of Tnhahitants. 
 We, the undersigned, owners of land along the highway leading 
 from to , and residing on said highway, do hereby 
 
 give our consent to the construction of a plank [or, turnpike] road 
 on the line of said highway from to aforesaid. 
 
 Witness our hands this day of , 18 . 
 
 A. B. 
 &c., &c. 
 
 § 841. Release of Right of Way, hy Supervisor and Commissionerg. 
 
 This Agreement, made this day of , between Q. 
 
 H., Supervisor of the town of , in the county of , 
 
 and A B., C. D., and E. R, Commissioners of Highways of said 
 town, of the first part, and the Plank Boad Company of 
 
 the second pai-t, Witnesseth : That the said parties of the first part 
 do hereby seU and convey unto the said party of the second part, 
 in consideration of dollars to them in hand paid, by the said 
 
 party of the second part, the receipt whereof is hereby acknow- 
 ledged, the right to use and occupy the highway, (fee, [describe the 
 route,] for the purpose of constructing, owning and using a Plank 
 Boad thereon, during the time it shall be needed, or required, there- 
 for by the said Company. 
 
 Witness our hands, as such Supervisor and Commissioners of th» 
 town aforesaid, the day and year first above writtea 
 
 Signed in presence of ) G. H., Supervisor. 
 
 R. F. f A. B., ) Commissioners of 
 
 v. D., [-Highways of the 
 E. F., ) Town of 
 
468 NEW CLERK'S ASSISTANT. 
 
 § 842. Achnowledgmmt of a Survey. 
 
 State of New York, ) ^^ 
 County, J 
 On this day of , 18 , before me, personally 
 
 appeared A. B., C. D., and E. F., Conunissioners appointed by the 
 Board of Supervisors of the county of , to lay out a 
 
 road, to be constructed by the Company, from to , 
 
 \or, A. B. and C. D., the President and Secretary, respectively, of 
 the Company,] and severally acknowledged that their signatures 
 to the foregoing [or, within] survey of the said road, were true 
 
 and genuine. 
 
 G. H., County Judge. 
 [Or any officer authorised to take acknowledgments.'] 
 
 § 843. Notice to Pay in Installment. 
 
 Office of the Road Company, ( 
 
 July ,18 . [ 
 
 Sh-: 
 
 By order of the Board of Directors of the Eoad Company, 
 
 you are required to pay in to the Treasurer, at his office in , a 
 
 second installment of per cent on your stock, on or before the 
 
 day of , 18 . 
 
 Yours, &c., 
 
 S. G., Secretary. 
 To Mr. A. R 
 
 § 844. Proxy. 
 
 l^For Proxy, Oaths, and Affidavits, Power to receive Dividends, 
 and other forms used by Corporations or Stockholders, see Chapter 
 VIL] 
 
 § 845. Notice of Drawing Jury to Assess Damages. 
 
 thfe Comp 
 
 July , 18 
 
 Office of thfe Company, \ 
 
 To Mr. A. B. : 
 
 Please take notice. That on the day of ,18 , at 
 
 10 o'clock A. M„Hon. J.P.H., County Judge of county, will 
 
 ' For other forms, where the signatures are proved by a subscribing witness, or the partieii 
 rae not Itnown to the officer, see Chap. I. 
 
PLANK ROADS. 469 
 
 attend a drawing from the grand jury-box of county, at the 
 
 office of the County Clerk, in the city of Auburn, said drawing to be 
 made by E. B. C, County Clerk of Cayuga county, pursuant to an 
 order of said Judge, of twenty-four competent and disinterested 
 Jurors, and as many more as said Judge shaU direcl^ to ascertain the 
 compensation and damages of each person owning land on or ad- 
 joining the line of the road, running through the town of , 
 in said county, on the straight road (so called) from to , 
 between the north line of said town and the house of C. D, ; said 
 road being of the width of four rods, as surveyed by G. H., and 
 located by L. M., S. T., and V. W., Commisioners duly appomted by 
 the Board of Supervisors of county for such purpose ; and aJso 
 to ascertain the compensation and damages of the town of , 
 for taking said road to construct a plajik road thereon, [or, of the 
 persons owning land on the line of the said proposed road.'] 
 By order of the Board of Directors. 
 
 S. G., Secretary 
 
 § 846. Notice of Meeting of Jwrj. 
 
 Office of the Company, ) 
 
 July ,18 . f 
 
 To Mr. A. B. : 
 
 Please take notice. That a jury drawn in pursuance of the Statute 
 in such case made and provided, to ascertain the compensation and 
 damages of the several owners of land on the line of the road, 
 
 between the north line of the town of , and the house of C. 
 
 D., on the line of the present highway, called the straight road, and 
 being of the width of four rods, and also to ascertain the compen- 
 sation and damages of the town of for the same, wiU meet, 
 pursuant to an order made by Hon. J. P. H., County Judge of 
 county, at on the day of ,18 , at 
 o'clock in the noon, to ascertam such damages and compensa- 
 tion. 
 
 By order of the Board of Directors. 
 
 S. O., Secretary 
 
 1 If the jury are to assess the damages both of the town and private individuals, it shouk] 
 be mentioned in the notice. 
 
CHAPTER XXZV. 
 POOR LAWS. 
 
 PRACTICAL REMARKS. 
 
 1. The father, mother, and children, who are of sufficient ability, 
 of any poor person who b blind, old, lame, impotent, or decrepit, so 
 as to be imable to maintain himsell^ must, at their own charge, re- 
 lieve and maintain such poor person, in such manner as shall be ap- 
 proved by the Overseers of the Poor of the town ; and upon the 
 failure so to do, such Overseers may apply to the Court of Sessions 
 of the county, to compel such relief.' 
 
 2. Whenever the father, or mother, bemg a widow, or hving sepa- 
 rate from her husband, shall abscond from their children, or a hus- 
 band from his wife, leaving any of them chargeable, or likely to be- 
 come chargeable, upon the public, for support, the Overseers of the 
 Poor may apply to any two Justices of the Peace of any county in 
 which any estate, real or personal, of the said father, mother, or hus- 
 band, may be situated, for a warrant to seize the same. In those 
 counties where aU the Poor are a charge upon the county, the Su- 
 perintendents of the Poor have the same powers as Overseers of the 
 Poor in respect to compelling relatives to maintain paupers, and the 
 seizure of the property of any parent absconding and abandoning his 
 family.^ 
 
 3. Every person who is blind, lame, old, sick, impotent, or decre- 
 piti or, in any other way disabled, or enfeebled, so as to be unable by 
 his work to maintain himself, must be maintained by the county oi 
 town in which he may be.* 
 
 UR. S. (3ded.,)782,§l.etBoq.; 7 Cowen, | 'IR. S. (3ded.,)783, §8, et eeq. : Id., 784 
 as. U 13:21 Wendell, 181. 
 
 SIR. S. <3dt^.,)784, 514. 
 
POOE LAWS. l"?! 
 
 4. Three County Superintendents of the Poor are chosen at the 
 annual November election, in each county in this State, except the 
 city and county of New York, — one Superintendent being annually 
 sleeted, — to serve for three years from the first day of January next 
 after such election. The Board of Supervisors of any county may, 
 however, at any annual meeting, direct only one Superintendent to 
 be elected, who wiU hold his office for three years.' 
 
 5. Every person elected to the office of County Superintendent of 
 the Poor, must, before the first day of January succeeding his elec- 
 tion, take the oath of office, and execute a bond, conditioned as in 
 § 847, to the Supervisors of the county, in such penalty, and with 
 two or more sufficient sureties, as the board may direct and approva 
 The bond, with the approbation of the board indorsed by their 
 clerk, is to be filed in the office of the County Clerk. In the recess 
 of the board, the sureties may be approved by the County Clerk.' 
 
 6. The County Superintendents constitute a corporation, by the 
 name of the Superintendents of the Poor of the county in and foi 
 which they are so elected, and have the general supervision and con- 
 trol of the relief and support of the poor in such county. They are 
 authorized to audit and settie all accoimts, and to draw from time to 
 time on the County Treasurer for all necessary expenses incurred in 
 the discharge of their duties, and are required to account therefor, 
 to the Board of Supervisors at their annual meeting." 
 
 7. It is the duty of the Siiperintendents of the Poor of each 
 county, during the month of December in each year, to report to the 
 Secretary of State, the number of paupers relieved, or supported, in 
 such county, the preceding year, with the sex, and native country, 
 of each pauper, and the expense of their support or maintenance.* 
 
 8. In those counties where all the poor are not a county charge, 
 the Supervisors of the respective towns are required to report to the 
 Clerk of the Board of Supervisors, within fifteen days after the 
 accounts of the Overseers have been settied by the Board of Town 
 Auditors, an abstract of all such accounts. These abstracts, are to be 
 delivered by the Clerk of the Board of Supervisors to the County 
 Superintendents, to be included by them in their report to the Secre- 
 tary of State.' 
 
 9. Every person of fuU age, who has been a resident and inhabi- 
 tant of any town, for one year, and the members of his famUy who 
 have not gained a separate settlement, wiU be deemed settled in such 
 town, so far as the provisions of law relative to the support of the 
 poor are concerned.' 
 
 I Laws of 1847, chap. 498; Laws of 1S49, | 292; 10 Wend., 61g; 4 Hill.BSS; 8 Paige ,409, 
 cnap. !16. * 1 R. S. Od ed.,) 798, {. 81 ; Laws uf 1842, 
 
 a Laws of 1848, chap. 327 ; Laws of 1850, chap. 214 ; Laws of 1349, chap. 100. 
 chap. 12. , I » 1 R. S. (3d ed.,) 799. 6 5 85, SO. 
 
 a 1 R. S. (3d ed.,) 785, § iS, el seq ; Lawa I « 1 R. S. (3d ed.,) 783. 4 33 ■ Laws of 1830 
 «f 1831, chap. 277; Laws of 1832, chap. 26, | chap. 320. 
 
472 HE-w CLERK'S ASSISTANT. 
 
 10. Tlie electors of each town in this State, except in the counties 
 of Montgomery, Kings and New York, have the power at their 
 annual town meeting, to determine whether they wiU choose one or 
 two Overseers of the Poor, and the number determined upon will be 
 the number to be elected. Such overseers have the discretionary right 
 to expend a sum not exceeding ten dollars, for the relief of one poor 
 person or family, without any order from a Justice of the Peace there- 
 for.' 
 
 11. The Overseers of the Poor in the several towns in the county 
 of Livingston, may relieve poor persons within their respective towns, 
 previous to their removal to the county house, but at the expense, of 
 such towns. The names of the persons so releved must be entered 
 in a book, which is to be laid before the Town Auditors at the time 
 of auditing the accounts of such Overseers. The foregoing provisions 
 may be extended to any county in the State, provided the Board of 
 Supervisors, by resolution, declare their intention to adopt them.' 
 
 12. It is not lawful for any officer whose duty it is to provide for 
 the maintenance, care, or support. Of indigent persons, at pubhc ex- 
 pense, to put up at auction the keeping, care, and maintenance, of 
 such person, to the lowest bidder ; and any contract so made with a 
 bidder will be absolutely void.' 
 
 13. All idle persons, who, not having any visible means to main- 
 tain themselves, live without employment; all persons wandering 
 abroad, and lodging in taverns, groceries, beer-houses, out-houses, 
 market places, sheds, or bams, and not giving a good account of 
 themselves; all person? wandering abroad and begging, or who go 
 about from door to door, or place themselves in the streets, highways, 
 passages, or other public places, to beg or receive alms, are to be 
 deemed vagrants, and may be taken before a magistrate, to be com- 
 mitted to the county poor house, if proper objects for relief-; or, if 
 otherwise, to the county jail. Children found begging are to be 
 sent to the poor house, and may be bound out by the Superinten- 
 dents, or Overseers of the poor, or Commissioners of the Alms house.* 
 
 14. If the committee, or the relatives of a limatic or mad person, 
 refuse or neglect to confine and maintain such person, the Overseers 
 of the Poor may apply to any two Justices of the Peace of the city, 
 or town, where such lunatic shall be found, for a warrant to appre- 
 hend and confine such person.' 
 
 15. Overseers of the Poor may designate and describe any person 
 whom they discover to be a habitual drunkard, in writing, and by 
 written notice require every person dealing in spirituous liquors w 
 
 ■ Laws of 1845, chap. 180. Is Laws of 1848. chap. 176. 
 
 « Laws cf 1845, chap. 334 ; Laws of 1846, ! « 1 R. S. (3d ed.,) 802, § 1, et seq. 
 chap. 249. I ' > K. S. CM ed ,) 805, § i, et seq. 
 
POOR LAWS. 473^ 
 
 any other person, not to ^ve or sell spirituous liquors to suoti drunk- 
 ard.' 
 
 16. If any woman be delivered of a bastard child, which shall be 
 chargeable, or likely to become chargeable, to any county, city, or 
 town ; or be pregnant of a child likely to be bom a bastard, and to 
 become so chargeable, the Superintendents of the Poor of the county, 
 or any of them, or the Overseers of the Poor of the town, or any ot 
 them, are required to apply to some Justice of the Peace, to inquire 
 into the facts and circumstances of the case. Superintendents of the 
 Poor may compromise with, and discharge, putative fathers of bas- 
 tards, upon such terms as they may think to be just When any 
 such compromise is made, the mother may receive the money, on 
 giving security for the maintenance of the ohUd." 
 
 FOEMS 
 
 § 847. Bond of County Superintendent. 
 
 Know all men by these presents : That we, G. H., C. D., and E. 
 F., of, &c., are held and firmly boimd unto the Supervisors of the 
 county of , State of , m the penal sum of 
 
 dollars, to be paid to the said Supervisors, for which payment weD 
 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 the day of , A. 
 
 D. 18 . 
 
 Whereas, the above bounden Q. H. has been duly elected to the 
 office of County Superintendent 6f the Poor for the county of 
 , aforesaid, to serve for the term of three years from the first 
 day of January, A. D. 18 : Now, therefore, if the said G. H. shall 
 faithfully execute the duties of his office, 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 the above obhgation to be void; else to remaio in 
 full force. 
 
 Signed and sealed in ) G. H. [l. s. 
 
 presence of > C. D. [l. s. 
 
 A. M. ) E. F. [l. s.] 
 
 The sureties in the above bond were duly approved by the Board 
 of Supervisors, this day of , 18 . 
 
 D.M., Clerk of the Board. 
 
 ' 1 R. S. (3d ed.,) 817, § 1, et eeq. I chap. 26 ; Laws of 1838, chap. 202 IC Johiv 
 
 • 1 R. S. '3d ed.,) 823, § 5; Laws of 1832, | son, 93; 3 Hill, 116. 
 
^"^^ NEW CLERK'S ASSBTANT. 
 
 § 848. Application to Qmn/pd a Person to support a Poor 
 Relative. 
 To the Court of Sessions of the County of . : 
 
 The appUcation of the undersigned, E. F., Overseer of the Poor o. 
 the town of , in said county, respectfully represents : That A. 
 
 B., a poor person, who is blind, \or, lame, old, impotent, or decrepit» 
 as the ease may Je,] so as to be unable by work to maintain himself, 
 [or, herself,] is in the said town; that C. B., who resides at , 
 
 m the said county, is the father of the said A. B., and has failed, at 
 his own charge, to relieve and maintain the said A. B. in such man- 
 ner as has been approved by the undersigned : Wherefore, pursuant 
 to the provisions of section 2, title 1, chapter 20, part 1, of the Re- 
 vised Statutes of the State of New York, the undersigned hereby ap- 
 plies for an order to compel the said C. B., who ia of sufficient ability, 
 to relieve and maintain the said A. B., in the manner to be in such 
 order specified. 
 
 Dated at the town of , this day of ,18. 
 
 E. F., Overseer of the Poor. 
 
 § 849. Notice to Accompany the Foregoing Application.i 
 ToC. B.: 
 
 You will take notice, that on the day of , at ten 
 
 o'clock in the forenoon, or as soon thereafter as a hearing can be had, 
 the midersigned. Overseer of the Poor of the town of , wiU. 
 
 apply to the Court of Sessions of the county of , at the court 
 
 house in the town of , in said county, for an order to compel 
 
 the relief appHed for by the application, which wUl, at the time and 
 place above mentioned, be presented to the said court, and of which 
 the annexed is a copy. 
 
 Dated at , this day of , 18 . 
 
 E. F., Overseer of the Poor. 
 
 § 850. Affidavit of Service. 
 County, ss: 
 E. F., of the town of , in said county, being duly sworn, 
 
 says, that on the day of , he served a copy of the 
 
 annexed notice and application, on C. B., therein named, by deliver- 
 ing the same to him, [or, by leaving the same at his last place of resi- 
 dence, with 0. P., a person of mature age.] 
 
 Sworn to, before me, this ) E. F. 
 
 'day of ,18 . [ 
 
 G. H., Justice, &c. 
 
 1 A'copy of the applieation with the above notice, should be pefsonally eerved on the 
 parson to whom it is directed, or be left at his last place of residence with some person of 
 mature ago. It will be borne in mind, that in those counties where all the poor are a county 
 charge, 'the application, (§ 848,) should be made by a County Superintendent and the forms 
 from § 848 to § 854, may be varied for the purpose. 
 
POOR LAWS. 475 
 
 § 851. Warrant to Seize the Goods of an Absconding Father, 
 Busbaiid, or Mother. 
 County, Bs: 
 To E. F., Overseer of the Poor of the Town of , in said 
 
 county: 
 
 It appearing to us, two of the Justices of the Peace of said coun- 
 ty, as well by the application and representation to us made by you, 
 the said Overseer, as upon due proof of the facts before us made, 
 that A. B., late of said town, has absconded from his wife and chil- 
 dren, leaving the said wife and children chargeable [or, likely to be- 
 come chargeable] to the public for support; and that the said A. B. 
 has some estate, real or personal, ui said county, whereby the public 
 may be wholly or in part indemnified against said charge : We there- 
 fore authorize you, the said Overseer of the Poor, to take and seize 
 the goods, chattels, eftects, things in action, and the lands and tene- 
 ments of the said A. B., wherever the same may be found in said 
 county : And you wiU, immediately upon such seizure, make an inven 
 tory 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 
 
 °f '18 • ^;H; I Justices. 
 
 § 852. Return of Overseer to the Foregoing Warrant. 
 
 County, ss. : 
 To the Court of Sessions of said County : 
 
 The undersigned, to whom the annexed warrant is addressed, on 
 the day of , 18 , in the county of , 
 
 therein m.entioned, 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 seizure, are as follows : [state 
 the proceedings particularly. "l All which is herewith respectfully re- 
 turned. 
 
 Dated, &c., [as in § 848.] 
 
 § 853. Bond to be Given by Party where Property Kas ueen Seized.i 
 
 Know all men by these presents : That we, A. B. and L. M., both 
 of the town of , in the county of , are held and 
 
 ' Upon the ezeuution of the bond and approval of the security, by any two JuBtices of ths 
 town the warrant must be discharged, and the property restored. 
 
476 MEW CLERK'S ASSISTANT. 
 
 firmly bound unto E. F., Overseer of the Poor of th« town of , 
 in tbe sum of dollars, for the payment whereof to the said 
 
 Overseer, or his successor in office, we bind ourselves, our heirs, ex- 
 ecutors and administrators, jointly and severally, firmly by these 
 presents. 
 
 Sealed with our seals, and dated at , this day 
 
 of _ _ , 18 . _ _ . 
 
 The condition of this obligation is such, that whereas the said Over- 
 seer of the Poor lately seized the property of the said A. B., under 
 a warrant issued by G-. H. and S. T., two Justices of the, Peace of 
 the county of , upon due proof to them given, that the said A, 
 
 B. had absconded from his wife and children, leaving them chargeable 
 \or, likely to becorae chargeable].upon the public for support ; and 
 the said A. B. having returned, and being desirous of having his 
 property so taien restored to him : Now, tiberefore, if the said wife 
 and children so abandoned shall not become chargeable either to said 
 town or coimty, then this obhgation is to be void ; otherwise of foroa 
 
 Sealed and delivered, and the security ) A. B. [l. s.] 
 J. D. [L. s.] 
 
 approved, by and before us, two of V C. 
 
 the Justices of the town of = ) 
 
 am'' j- Justices. 
 
 § 854. Order to IHscharge the Warrant, and to Restore Property. 
 County, ss: 
 
 To E. F., Oversfeer of the Poor of the Town of , in said 
 
 county: 
 
 "Whereas, by a warrant to you directed, bearing date the day 
 of. » 18 , 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 absconded from his wife and children, leaving them 
 chargeable to the public for support : And whereas, the said A B. 
 has returned, and now supports his wife and children so adandoned, 
 [or, has given securiiy to the Overseer of the Poor, satisfactory to 
 us, that his said wife and children shall not become chargeable either 
 to said town or county :] We do, tlierefore, hereby discharge the said 
 warrant issued against the said A. B., and direct the property taken 
 by virtue thereof to be restored to him. 
 
 Given, &c., [as in, § 85L] 
 
POOR LAWS. 477 
 
 § 855. Notice from one Town to another, in a County where the 
 Towns are Liable to Support their own Poor, reqidring the 
 Overseer of the Town in which the Pavper has a Residence, 
 to Provide for his Support} 
 County, ss: 
 To E. R, Overseer of the Poor of the Town of , in said 
 
 county: 
 You are hereby notified, that A. B., a pauper, ■vrho iias gained a 
 settlement in your town, to which he belongs, is in the town of , 
 in said county, and is supported at the expense of the said town of 
 , for which the undersigned is Overseer : Yovl are there- 
 fore required to provide for the relief and support of the said pauper. 
 Dated at , this day of , 18 . 
 
 R F., Overseer of the Poor of the Town of 
 
 I 856. Notice that the Allegation of Settlement will he Contested. 
 County, ss: 
 To E. R, Overseer of the Poor of the town of , in said 
 
 county: 
 
 You wiU take notice, that the undersigned, Overseer of the Poor 
 of the town of , in said county, wiU appear before the Su- 
 
 perintendents of the Poor of the said county, at the poor house, [or, 
 as the case may be,"] on the day of , at ten o'clock in 
 
 the forenoon, to contest the aUedged settlement of A. B., a pauper, 
 as set forth in your notice of the instant 
 
 m yi 
 
 c, [fl 
 
 Dated, &c., [as in § 849.] 
 
 § 857. SiSpoena of the Superintendenis. 
 County, ss: 
 The People of the State of New York, to C. D.: 
 
 You are hereby required personally to appear before the under- 
 agned. Superintendents of the Poor of the said county, at the poor 
 house, [or, such place as is designated in the notice,^ on the 
 day of ,18 , at ten o'clock in the forenoon, to testify in 
 
 behalf of the Overseer of the Poor of the town of , in said 
 
 county, concerning the aUedged settlement of A. B., a pauper. 
 
 Given under our hands, this day of ,18 
 
 T ■ -w-"' I Superintendents of 
 &c.,,&c. ) *^^P°°'- 
 
 1 This notice should he served on the Oyerseer by some person who can make oath to such 
 eervice, if the same should become necessary. If the Overseer on whom the notice is served 
 desires to contest the settlement, he must, within ten days after such service, give notice to 
 the other Overseer to appear before the Superintendents, in not less than ten and not more 
 than thirty days from the service of such notice, and contest the settWnent. The Superin- 
 •endents are autborlsfid to issue subpcenaa, and to compel the attenQi»aco of witnesses on the 
 bearing. 
 
478 HEW CLERK'S ASSISTANT. 
 
 § 858. Superintendents' Decision.^ 
 (bounty, ss : 
 
 We, the undersigned, Superintendents of the Poor of said eountyj 
 having convened, as required by the Overseer of the Poor of the 
 town of ■ } in said county, pursuant to notice, to hear and de- 
 termine a controversy which had arisen between the said Overseer, 
 and the Overseer of the town of , in said county, concerning 
 
 the settlement of A. B., a pauper, do hereby decide, upon such hear- 
 ing, as aforesaid, that the legal settlement of the said A. B., as such 
 pauper, is [or, is not] in the said town of . And the under- 
 
 signed hereby award to the Overseer of the Poor of the town of 
 , the prevailing party, the sum of doUars, costs 
 
 of said proceeding, by him expended. 
 
 Given, &c., \as in § 857.] 
 
 § 859. Superintendents^ Notice that Pauper will be supported at 
 the Expense of a Town, in a County where the Towns Sup- 
 port their own Poor.' 
 
 County, ss : 
 
 To E. F., Overseer of the Poor of the town of , in said 
 
 county : 
 A. B. a pauper, having been sent to the poor house 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 , in said 
 
 county, pursuant to the provisions of Section 35, of title 1, of Chap- 
 ter 20, of Part 1, of the Revised Statutes of New Yorlc, you are here- 
 by notified, that the expenses of the support of said pauper will be 
 charged to the town of , unless you, the Overseer of said town, 
 
 within \inseri the time, to he not less than twenty days] after the ser- 
 vice of this notice, show that the said town of ought not to 
 be so charged. 
 
 Given, &c., [as in § 857.] 
 
 ^ The decision is toibe entered ia the book of the Superintendents, and a daplicate thereof 
 filed in the office of the County Oierk, within thirty days; such decision will be final tai 
 conclusive in the premises. The costs awarded cannot exceed ten dollars. 
 
 * This notice is to be given within thirty days after the pauper shall have been received. 
 On the application of the Overseer, the Superintendents may re-examine the matter and 
 take testimony, and make a final deccision therelo. 
 
POOE LAWS. 479 
 
 § 860. Dedsion of Superintendents, after Re-examming Settlement 
 of Pauper, on Application of the Overseer — to he entered and 
 filed in the same manner as § 858. 
 
 County, ss: 
 
 We, the undersigned. Superintendents of the Poor of the said 
 county, having, on the application of the Overseer of the Poor of the 
 town of , re-examined the subject matter of a notice duly 
 
 served on him, of which the annexed is a copy, and taken testimony 
 in relation thereto, do hereby decide that A. B., the pauper therein 
 mentioned, has a legal settlement m the said town of , to 
 
 which, as such pauper, he belongs, \or, has not a legal settlement in 
 said town of .] 
 
 Given, &c., \as in § 857.] 
 
 § 861. Certificate of a Superintendent that a Person is a Oowity 
 Pauper, on the Application of the Overseer of a Town. 
 County, ss: 
 The Overseer of the Poor of the Town of , having ^ven 
 
 notice to the undersigned, that A. B., a poor person, being in said 
 town, should be supported as a county pauper; I do hereby certify, 
 that I have inquired into the circumstances, and am satisfied that 
 the said pauper has not gained a legal settlement in any town in said 
 county, and that the said A. B. is chargeable to the said county. 
 Dated at , this day of , 18 . 
 
 G. H., Superintendent of the Pooi. 
 
 § 862. Notice of Hearing on the Foregoing Certificaie, "before the 
 Board}- 
 County, ss: 
 To E. F., Overseer of the Poor of the Tovra of , in said 
 
 county : 
 You are hereby notified, that on the day of , at ten 
 
 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 be then presented in relation to the legal set- 
 tlement of A. B., in the town of ; and after such hearing, 
 
 1 Every case in which a certificate is granted must be reported to the board, who may, at 
 their next meeting, affirm or annul it. Notice of the hearing should be served on the Over^ 
 lieernot less than twenty days previous thereto; and the final decision of the Superiateiidentii 
 IS to be entered and filed as specified in the note to § 8SS. 
 
480 TSTEW CLERK'S ASSISTANT. 
 
 will aflSrm or annul the certificate given by G. H., one of the under- 
 signed, on the day of > 18 > declaiing that the said 
 A. B. was chargeable upon the county. 
 
 Given, &c., [as m § 857.] 
 
 § 863. Decision of the Board of Qomdy Superintendents. 
 
 County, ss: 
 G. H., one of the Superintendents of the Poor of said coimty, 
 having reported 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 annexed, the said board, after due notice 
 given to the Overseer of the Poor of the town of , in said 
 
 county, and after hearing the allegations and proofs in the premises, 
 do hereby annul [or, affirm] the said certificate, and decide that the 
 legal settlement of A. B., named therein, is in the town of 
 in said county. 
 
 Given, &c, [os m § 857.] 
 
 § 864. JDecision ly the Board of Superintendents, upon the Refit- 
 sal of the Superintendent to give the Certificate. 
 
 County, ss: 
 
 Notice having been given by the Overseer of the Poor of the 
 town of , in said county, to G. H., one of the Superintend- 
 
 ents of the Poor of the said county, that A. B., a poor person, being 
 in said town, should be supported as a county pauper, and the said 
 Superintendent having refused [or, neglected] to give the certificate 
 prescribed by Section 36, Title 1, Chapter 20, Part 1, of the Revised 
 Statutes of the State of New York, and the undersigned, constitu- 
 ting the Board of County Superintendents of the poor for said coun- 
 ty, having, on the application of the said Overseer, summarily heard 
 the matter, do hereby determine and decide that the said pauper 
 has not gained a legal settlement in any town of the said county, 
 and should be supported as a county pauper, [or, has gained a legal 
 settlement in the town of , in said county:] And we do 
 
 hereby award to the Overseer of the town of , the sum of 
 
 , [not exceeding ten dollars,"] costs of said proceeding, by him 
 in this behalf expiended. 
 
 Given, &o., [as in § 857.] 
 
POOR LAWS. 
 
 481 
 
 § 865. Order of the Overseer of a Town to Remove a Poor Per- 
 son to the Covmiy Poor House. 
 County, ss : 
 
 A. B. having applied for relief to me, the undersigned. Overseer 
 of the Poor of the town of , in said coanty, I have inquired 
 
 into his [or, her] state and circumstances, and it appearing that he 
 [or, she] is in such indigent circumstances as to require permanent 
 relief and support, and can be safely removed, I hereby order him 
 [or, her] to be removed to the county house, to be relieved and pro- 
 vided for, as his [or, her] necessities may require, at the expense of 
 said coimty, [or, town.] 
 
 Dated, &c., [as in § 849.] 
 
 § 866. 
 
 Certificate of the Keeper of the Poor Home, for the Ex- 
 pense of Removing a Pavper. 
 
 »2. 
 Treasurer ot 
 County : 
 Pay €r. D. two dollars and 
 cents for transporting 
 A. B., from to the 
 
 county poor house. 
 
 , May , 18 . 
 No. 
 
 Treasurer of County : 
 
 This certifies that 6. D. is entitled to two dollars, 
 and cents, at the rate prescribed by the Superinten- 
 dents, for transporting A. B. from the town of 
 
 county poor house, being 
 , May , 18 . 
 
 Countersigned, 
 
 No. 
 
 miles. 
 
 C. D., Keeper, 
 LiM^Sup'ta. 
 
 § 867. Superintendent's Order to Expend over Ten Dollars. 
 
 E. R, Overseer of the Poor of the town of , in said 
 
 county, having applied to me for an order authorizing the expenditure 
 of a greater sum than ten dollars for the relief of A. B., I have 
 mquired into the facts of the case ; and being satisfied that the said 
 A. B. cannot properly be removed to the county poor house, and 
 that he is in need of further relief, I do hereby direct the continuance 
 of the weekly allowance of dollars, until the expenditure 
 
 amount to dollars over and above the sum of ten dollars. 
 
 Dated, &c., [as in § 861.] 
 
 § 868. 
 
 Notice of the Improper Removal of a Pavper from another 
 Qoiimty.^ 
 County, ss: 
 To the Superintendents of the Poor of the county of : 
 
 You are hereby notified, that A. B., a poor and indigent person, 
 has been improperly sent, [or, carried; or, brought; or, removed, 
 
 1 The notice is to be served on any one of the Superintendents, who must denylthe allego. 
 tions contained therein, within thirty days, unless they acquiesce in the same. 
 
482 HEW CLERK'S ASSISTANT. 
 
 or, enticed to remove, as the case may J«,J from the said comity of 
 , to the ccmity of , Tnthout legal authority, and 
 
 there left, ■with intent to make the said county of , to which 
 
 the said removal was made, chargeable with the support of the said 
 pauper. You are therefore required, pursuant to the provisions of 
 Section 59, Title 1, Chapter 20, Part 1, of the Kevised Statutes of the 
 State of New York, forthwith to take charge of such pauper. 
 Given, &c., \as in § 857.] 
 
 § 869. Annual Report of the Bwperintendents of the Poor, to the 
 Secretary of State. 
 
 The Superintendents of the Poor of the county of , in 
 
 pursuance of the provisions of the Revised Statutes for " the relief and 
 support of indigent persons," present to the Secretary of State their 
 annual report, as follows : 
 
 The number of paupers relieved or supported during the year pre- 
 ceding the 1st of December instant, was : of the persons 
 thus relieved, the number of county paupers was ; and the 
 number of town paupers 
 
 The whole expense of such support was ' , $ 
 
 Of this sum, there was paid for transportation of paupers, . 
 
 Allowance made to Superintendents for their services, 
 
 do do Overseers, do do ,.„ 
 
 do do Justices, do do 
 
 do do Keepers and officers^ do 
 
 do do Physicians, for services and medicines, 
 
 The actual value of the labor of the paupers maintained, was 
 
 The estimated amount saved in the expense of their support, in consequence of 
 their labor, was ' 
 
 The sum actually expended, over and above the labor and earn- 
 ings of the paupers, divided by the average number kept during the 
 year, ^ves dollars and . cents per week, as the actual 
 
 expense of keeping each person. 
 
 The county poor house has acres of land attached to it, and the whole establish- 
 ment is valued at $ 
 
 The number of persons in the poor house on the 1st of December instant, was... 
 
 Of this number, there were of males, ■ 
 
 do do females, 
 
 Of the males, there were of 16 years of age and under, 
 
 Of the females of the same age, 
 
 Of the persons reheved or supported during the year, there were 
 foreigners; lunatics; idiots; and mutes; 
 
 of the mutes, were between the ages of 10 and 25 years. 
 
 The number of paupers received into the poor house during the year, was 
 
 Bom in the poor house,.. __ _ _ 
 
 Died during the year, 
 
 Bound out, — - 
 
 Discharged, .- 
 
 Absconded, 
 
 The children in the poor house, over six and under sixteen years 
 of age, have been instructed months, by a teacher at the pool 
 
 house : [or, sent to the district school house months,] and the 
 
POOR LAWS. 483 
 
 whole number of children taught during the year, was 
 [^This number is to embrace all the children who have hem taught in 
 the course of the year-l 
 Given, (fee, \as in § 857.] 
 
 § 870. Supervisor's Report for a Town, where all the Poor are not 
 a County Charge, to be made to the Clerk of the Board of 
 Supervisors. 
 
 The Supervisor of the town of , in the county of , 
 
 respectfully reports to the Clerk of the Board of Supervisors, 
 as follows : 
 The number of paupers relieved, or supported, in said town, dming 
 the year preceding the day of , 18 , as appears from 
 
 the accounts of the Overseers of the Poor, was, &o., [as in the pre- 
 ceding form, to the *, omitting the allowance to the Superintendents, 
 and inserting such other charges as there may be, and then add:'\ 
 
 Of the whole number of paupers relieved by the Overseers diuing 
 the year, they report there were foreigners; lunatics; 
 
 idiots; and mutes. The number of paupers under 
 
 their charge at the time of auditing their accounts, is stated at 
 ; of which were males, and , females. 
 
 I hereby certify, that the foregoing is a correct abstract of the ac- 
 counts of the Overseers of the Poor of the town of , for the 
 year ending on the day of , 18 , as the same have 
 been settled by the Board of Town Auditors. 
 Dated this day of , 18 . 
 
 S. T., Supervisor. 
 
 § 871. Complaint against a Beggar or Vagrant. 
 
 County, ss: 
 
 A. B., of the town of , in said coimty, being sworn, say^ 
 
 that E. P., now m said town, is an idle person, not having visible 
 means to maintain himself and living without employment; and is, 
 as the said deponent believes, a vagrant, within the meaning and 
 intent of the statute, and this deponent therefore complains of the 
 said E. P. 
 
 Sworn, (fee, \as in § 850.] 
 
 § 872. Warrant on Foregoing Complaint. 
 
 Town of Kg. 
 
 County, J 
 A. B., of the town of , in said county, has this day made 
 
 complaint, on oath, before me, the undersighed Justice of the Peace. 
 
484 ifEW CLEEk'S ASSISTANT. 
 
 of the said town, that E. R, (fee, [as in the complaint:'] You are 
 therefore hereby commanded, in the name of the people of the i3tate 
 of New York, forthwith to arrest the said E. ¥., and -bring him be- 
 I fore me, the said Justice, at my office, in , aforesaid, to an- 
 
 swer to the said complaint, and to be dealt with in the premise*, 
 according to law. 
 
 Witness my hand, this day of 18 . 
 
 G. H., Justice of the Peace. 
 
 § 873. Record of Conviction of a Vagrant.^ 
 County, ss: , 
 
 ■ Be it remembered, that E. F. was this day brought before me, the 
 undersigned, a Justice of the Peace of the town of , in said county, 
 at my office in said town, upon the charge and accusation thai he 
 was found in the said town, an idle person, not having visible means 
 to maintain himself, and living without employment, [or, as the case 
 may he,] and a vagrant within the intent and meaning of the statute 
 in such case made and provided ; and I, the said Justice, being 
 satisfied, upon due and personal examination of said E. F., and by his 
 confession now before me had and made, [or, upon competent testi- 
 mony now before me had and given,] that said charge and accusation 
 are in all respects true, the said E. F. is therefore duly convicted be- 
 fore me of being a vagrant, within the true intent and meaning of 
 said statute ; and it appearing to me that the said E. F. is not a no- 
 torious oflfender, and that he is a proper object for relief, I adjudge 
 and determine that said E. F. be committed to the county poor house 
 of said county, [or, the alms house ; or, poor house of the said town,] 
 for the term of forty days, there to be kept at hard labor ; [or, 
 it appearing to me that s«id E. F. is an improper person to be sent to 
 the poor house, I do therefore adjudge and determine, that the said 
 E. F. be committed to the common jaU of said county for the term 
 of thirty days.] 
 
 Given under my hand and seal, this day of , 18 . 
 
 G. H., Justice, &o. [l. s.] 
 
 § 874. Commitment. 
 County ss : 
 To any Constable of said County, greeting 
 
 Whereas E. F. has been this day duly convicted before me, the 
 undersigned Justice of the Peace of the town of , in said 
 
 county, of being a vagrant ; and inasmuch as it appears to me that 
 
 ' It 19 the duty of every peace officer to take any peraon whom he may discover lb be a va- 
 grant, before a magistrate for examination. In sucn cases, no complaint or warrant will be 
 necessary. The Justice has the power to commit a vagrant to the poor house for a term not 
 exceeding six months, and to tlie county jail not exceeding sixty days ; in the latter case, the 
 
POOR LAWS. 485 
 
 «aid E. F. ia not a notorious offender, and is a proper subject for 
 relief, [or, is an improper person to be sent to the poor house,] I have 
 adjudged that the said E. F. be committed as hereinafter expressed : 
 You are therefore hereby commanded, in the name of the people of 
 the State of New York, to convey the said E. F. to the county poor 
 house, \or, alms house ; or, town poor house,] the keeper whereof is 
 required to keep him therein, at hard labor, for the term of forty days ; 
 
 tor, to convey the said E. F. to the common jail of said county, the 
 ;eeper whereof is required to detain him in safe custody therein, for 
 the term of thirty days.] 
 Given, (fee., [as in § 873.] 
 
 § 875. Warrant to Commit a Child to the CmjmXy Poor Eame} 
 
 County, ss : 
 To any Constable of said County, greeting : 
 
 Whereas, complaint on oath, and due proof, have this day been 
 made to me, one of the Justices of the Peace of said county, that a 
 male \or, female] child of the name of A. B., has been found in the 
 town \or, city] of , in said county, begging for alms : You 
 
 are therefore hereby commanded, in the name of the people of the 
 State of New York, to convey the said child to the poor house in said 
 county, \or, town ; or, the alms house of said city,] the keeper 
 whereof is required to detain, keep, employ and instruct, said child, 
 in such useful labor as he \or, she] may be able to perform, imtil 
 discharged therefrom by the County Superintendents of the Poor, 
 \or, by the Commissioners of such alms house; or, by the Overseers 
 of the Poor,] or bound out as an apprentice by them. 
 
 Witness, &c., [ow in §872.] 
 
 1 
 
 § 876. Warrant to Confine a I/imaiic* 
 
 County, ss : 
 To the Overseer of the Poor, and Constables, of the Town of , 
 
 in said County, greeting : 
 , A. B., a lunatic, having been found in said town, so far disordered 
 in his senses as to endanger his own person, [or, the persons and 
 _ _ ^ 
 
 person may be kept on bread and water only, for one-half the time, if the Justice bo direct. 
 The record of conviction must be filed In the County Clerk's oflQce. The Justice mny also 
 cause the person complained of to be searched previous to his commitment, and if any pro- 
 perty ia found, it may be applied for his support while in confinement. 
 
 1 When a child is found b'egging in any public place, any Justice of the Peace, on complaiot 
 and proof thereof, is required to commit such child to the poor house. For the forms of 
 [ndentEires which Superintendents or Overseers may desire to use, see those herelnbeforo 
 given in Chapter III. 
 
 3 The Ovei-seer must provide a suitable place for the confinement of a lunatic. If the &[> 
 plication for the arrest is made by a Superintendent, he is required to do the same. 
 
486 NEW CLERK'S ASSISTANT. 
 
 property of others,] if permitted to go at large ; and no provision 
 having been made, either by the relatives, or any committee, for con- 
 fining and maintaining such lunatic, the undersigned, two of the Jus- 
 tices of the Peace of said town, on the application of the Overseer 
 of the Poor of said town, [or, upon our own view,] being satisfied, 
 upon examination, [or, upon information on oath to us given,] that 
 the said A. B. should be forthwith confined : You are therefore hereby 
 commanded, to cause the said lunatic to be safely locked up in such 
 secure place as said Overseer may provide, in conformity to law. 
 Given, &c., [as in § 851.] 
 
 § 877. Notice to Tavern Keeper — Designation, of HabUwd 
 
 Drunkard, &c.' 
 
 Town of > i • 
 
 County, J 
 
 I, the undersigned. Overseer of the Poor of said town, having dis- 
 covered A. B., of said town, to be a habitual drunkard, do hereby 
 designate him as such habitual drunkard, and describe him as follows : 
 [description .■] And every merchant, distUler, shop-keeper, tavern- 
 keeper, or other dealer in spirituous liquors, is required not to give 
 or sell, under any pretence, any spirituous hquors to the said A. B. 
 
 Dated, (fee, [as in § 849.] 
 
 § 878. Notite to Overseer hy Justice. 
 To E. F., Overseer of the Poor of the Town of : 
 
 You are hereby notified, that A. B., who has been designated by 
 you as a habitual drunkard, has applied to me for a process to sum- 
 mon a jury to try and determine the fact of such drunkenness : And 
 that I have fix^d upon the day of instant, at 
 
 o'clock in the noon, at my office in said town, as the time and 
 
 place for such trial 
 
 Dated , this day of , 18 . 
 
 G. H., Justice of the Peace. 
 
 • Copies of the notice sliould be personally served on all persons required to obey it. The 
 person designated as a drunkard may contest the fact before a jury. For that purjpose, he 
 must apply to a Justice of the Peace for a venire ; immediate notice of which, and of the 
 time and place of the hearing, is to be given to the Overseer by the Justice. The jury are 
 to be summoned, returned, &c., and witnesses subpoenaed, &c., in the same manner as in 
 ordinary suits before Justices of the Peace. The verdict of the jury is to be entered by the 
 Justice in hia docket. If the jury find that the person is a habitual drunkard, judgment 
 must be entered against him, and an execution issued for the costs ; if the jury find the con- 
 trary, judgment must be rendered accordingly^ but no execution can be issued against the 
 Overseer, unless be acted in bad faith, and did not have reasonable cause for making the 
 designation. 
 
POOR LAWS. 487 
 
 § 879. Venire. 
 County, ss : 
 To any Constable of the Town of , in said County, greeting : 
 
 You are hereby commanded, in the name of the people of the 
 State of New York, to sununon a jury of twelve persons, competent 
 to serve on juries, to appear at my office, in , aforesaid, on the 
 
 day of instant, at o'clock in the noon, 
 
 to try the fact, whether A. B., of said town, is a habitual drunkard ; 
 he having been designated as such by the Overseer of the Poor of 
 said town ; and you will have then there a panel of the names of 
 the jiu-ors you shall so summon, and this precept 
 Witness, &c., [as in § 872.] 
 
 § 880. Jurors' Oath. 
 
 You do swear, that you will well and truly try the fact of the al- 
 ledged habitual drunkenness of A. B., and a true verdict give, ac- 
 cording to evidence. 
 
 § 881. Oath of Witness. 
 
 You do swear, that the evidence you shall ^ve, touching the fact 
 of the habitual drunkenness of A. B., shall be the truth, the whole 
 truthj and nothing but the truth. 
 
 § 882. Execution Against the Drunkard. 
 County, ss : 
 To any Constable of said County, greeting : 
 
 Whereas, A. B., , in said county, was designated and 
 
 described by E. F., Overseer of the Poor of said town, as a habitual 
 drunkard ; and by the verdict of a jury duly impanneled, drawn and 
 sworn, before me, the undersigned Justice, upon the application of 
 the said A. B.,* it is found that he is a habitual drunkard ; where- 
 upon, I have rendered judgment against the said A. B., for the costs 
 of the said Overseer in attending the trial, amountiag to the sum of 
 dollars : You are therefore hereby commanded, in the 
 name of the people of the State of New York, to levy the said costs 
 of the goods and chattels of the said A. B., (excepting such goods as 
 are exempt by law from execution,) and bring the money which you 
 shall collect, within thirty days from the date hereof, before me, at 
 my office in , to render to said Overseer ; and if no such 
 
488 NEW CLERK'S ASSISTANT. 
 
 goods and chattels, or not sufiBcient to satisfy this execution, can be 
 found, you are further required to take the body of the said A. B^ 
 and convey him to the common jail of said county, there to remain 
 until this execution be paid, or he be thence discharged according to 
 law. 
 
 Witness, &o., [as in § 872.] 
 
 § 883. Hnecution Against the Overseer. 
 
 County, ss : 
 To any Constable of said County, greeting : 
 
 Whereas, A. B., &c., [as in § 882, to the*, and then add ;] it is 
 found that he is not a habitual drunkard ; and inasmuch as it ap- 
 peared to me that the said Overseer of the Poor did not act in good 
 faith, and that he had not reasonable cause to believe the said A. B. 
 to be a habitual drunkard, I have entered judgment against the said 
 E, F., Overseer, for the costs of the said A. B., amounting to the 
 sum of dollars : You are therefore hereby commanded, in the 
 
 name of the people of the State of New York, to levy the said costs, 
 <fec., [as in an ordinary/ execution^ 
 
 § 884. Revocation by the Ovtrseer, where a Dnmkard Reforms. 
 Townof ,1^. 
 
 County, j 
 Being satisfied that A. B., respectibj, whose drimkenness a notice 
 has heretofore been given by me, [or, by 0. P., Overseer of the 
 Poor of said town,] has reformed and become temperate, I do herebv 
 revoke and annul the said notice. 
 Dated, &c„ [as in § 849.] 
 
 § 885. Gomplaimt against a Disorderly Person} 
 County, ss. 
 A. B., of said town, being duly sworn, says, that 0. D. is, as the 
 said deponent beheves, a disorderly person, within the meaning of 
 
 1 The Justice issues his warrant on the complaint, in the same form as in § 872, except that 
 it is drawn in accordance with the charge in the complaint. Upon the examination of the 
 offender, if the charge is sustained h^ his own confession^ or by competent testimony, the 
 Justice may require him to find sureties for his good behavior for one year. If the offender 
 do not find sureties, the record of conviction must be si^ed, and he be committed to .tail 
 until such sureties be found, or he be discharged according to law. The forms, § 673 and 
 § 874, may be varied so as to be applicable to'this proceeding. (1 R. S., 3d ed., 819, § 1, et 
 eeq. ; Laws of 1833, chap. 11 ; 1 Hill, 355 ; 6 Id., 76.) 
 
POOR LAWS. 489 
 
 the statute in sucli case made and provided; in this, to wit: that the 
 said C. D., \insert the facts on which the charge isfownded, and con- 
 clude as in § 871.] 
 
 § 886. Recognizance of a Disorderly Person. 
 County, ss : 
 
 "We, C. D., E. F., and L. M., of , in said county, ac- 
 
 knowledge ourselves indebted to the people of the State of New 
 York; that is to say, the said C. D., in the sum of dollars, 
 
 and the said E. R, and L. M., each in the sum of doEars. to 
 
 be respectively made and levied of our several goods and chattels, 
 laiids and tenements, to the use of the said people, if default shall 
 be made in the condition following: 
 
 The condition of the above recognizance is such, that if the said 
 C. D. shall be and continue of good behavior towards the people of 
 the State of New York, for the space of one year from and after 
 this day, then such recognizance to be void; otherwise of force. 
 
 Taken, subscribed, and acknowledged, ) - - - 
 
 before me, this day of , 18 . f 
 
 G. H., Justice, &c. 
 
 CD. 
 
 'l. s." 
 
 E. F. 
 
 L. S. 
 
 L. M. 
 
 L. S._ 
 
 § 887. Discharge of Disorderly Persons, to he Granted hy any 
 Two Justices. 
 County, ss : 
 To the Keeper of the Common Jail of said County, greeting : 
 
 Whereas, C. D. was lately committed to your custody in said jaU, 
 by the warrant of L. M., a Justice of the Peace of the said county 
 upon the conviction of the said C. D., before the said Justice, of 
 being a disorderly person, and upon the failure of the said C. D. to 
 procure sureties for his good behavior, according to law ; and where- 
 as, the said C. D. has given such sureties as were originally required 
 by the said Justice, from him : Now, therefore, we, being two of the 
 Justices of the Peace of said coimty, do hereby require you to dis- 
 charge the said C. D. out of your custody, under Ms commitment, 
 as aforesaid. 
 
 Given, &c., \as in § 851.] 
 
 § 888. Jailer's Report Relative to Disorderly Persons?. 
 County, ssr 
 To the Court of Sessions of said County : 
 
 The follovring is a list of the persons committed as disorderly per- 
 
 ' The jailer is required to make hia report of the disorderly persona confined, on the liral 
 day of each term of the court. 
 
490 
 
 NEW CLERK'S ASSISTANT. 
 
 sons to the common jail of said cotmly, since the last session of the 
 said court, and now in custody of the undersigned, with the nature 
 of their offences, the names of the Jiistices committing them, respect- 
 ively, and the time of imprisonment, viz : 
 
 • List of persons com- 
 mitted, and now in cus- 
 tody. 
 
 Nature of their 
 offences, respect- 
 ively. 
 
 Names of the Justices 
 committing them. 
 
 The time of 
 
 imprisonment. 
 
 
 
 
 
 Dated at , in said county, the day of , 18 . 
 
 J. C, Keeper. of the Jail of said County. 
 
 § 889. Application of a Superintendent, or Overseer, of the Poor, 
 in a case of Bmtardy. 
 
 Coimty, ss: 
 To G. H., Esq., a Justice of the Peace of said county: 
 
 E. B. having been delivered of a bastard, which is chargeable [or, 
 likely to become chargeable] to the said coimty, \or, to the town of 
 , in said county;] \or, E. B., being pregnant of a child likely 
 to be born a bastard, and to become chargeable, &c.,] the under- 
 signed, a Superintendent of' the Poor of the said county, [or, the 
 Overseer of the Poor of said town,] pursuant to the statute in such 
 case made and provided, makes application to you to inquire into the 
 facts and circumstances of the case. 
 
 Dated, &c., \as in § 849, or § 861.] 
 
 § 890, Examination Before Birth. 
 County, ss : 
 E. B., of the town of , in said county, being duly sworn, 
 
 says, that she is now with child, and that tbe child of which she is 
 pregnant is Hkely to be born a bastard, and to become chargeable to 
 said county ; \or, to the town of , in said coimty ;] and that 
 
 C. D., of , is the father of said child. 
 
 Subscribed and sworn, this ) E. B. 
 
 day of , 18 , before me, j 
 
 G. H., Justice. 
 
 § 891. Examination After Birth. 
 County, ss : ' 
 
 E. B., of the town of , in said coimty, being duly sworn, 
 
 says, that on the day of last, she was delivered of a 
 
POOR LAWS. 491 
 
 bastard child, which is chargeable [or, likely to become chargeable] 
 to said county ; [or, to the town of , in said county ;] and 
 
 that C. D., of, &c., [as in § 890, to the end] 
 
 § 892. Warrant to Apprehend Reputed Father} 
 
 County, ss: 
 To any Constable of said County, greeting : 
 
 Whereas, E. B,, of , in said county, upon her examination, 
 
 on oath, before me, the undersigned, a Justice of the Peace of said 
 county, this day had, did declare that, &c., [as in the examination:] 
 And whereas, E. R, Overseer of the Poor of said town, [or, one of 
 the Superintendents of, &c., as the case rriay be,] in order to indemnify 
 the said town, [or, county,] in the premises, has applied to me to in- 
 quire into the facts and circumstance? pf the case, and to issue my 
 warrant to apprehend the said C. D., &c. : You are therefore hereby 
 commanded, in the name of the people of the State of New York, 
 forthwith to apprehend the said C. D., and bring him before me, at. 
 my office in , aforesaid, for the purpose of having an adjudica- 
 
 tion respecting the filiation of such bastard child, [or, of" such child 
 likely to be born a bastard.] 
 
 Witness, &c., [as in § 872.] 
 
 § 893. Subpcena in a Case of Bastardy. 
 
 County, ss: 
 To R. F., 0. P., &c., greeting; 
 
 You are hereby commanded, in the name of the people of the 
 State of New York, personally to appear before G. H., and the under- 
 signed S, T., two of the Justices of the Peace of said county, forth- 
 with, [or, as the case may be,] at the office of the said S. T., 
 in , in said county, to testify what you do know touching 
 
 the father of a bastard child, wherewith E. B. aUedges she is now 
 pregnant, [or, which was lately bom of E. B.] 
 
 Witness, &c., [as in § 872.] 
 
 1 The warrant in a case of bastardy can only be issued on the application of a Superintend- 
 ent, or an Overseer. Where other testimony is offered beside that of the mother.IpreviouB 
 to issuing the warrant, the examination should be varied accordingly. Where the Justice is- 
 suing the warrant has died, or vacated hie office, or is absent on the return of the warrant, 
 the putative father must be taken before some other Justice of the same town, who will 
 tliereupon proceed in the matter. When the reputed father is brought before the Justice, 
 the latter is required to notify some other Justice to attend and assist in the examination, 
 &;c. Either of the Justices may issue subptEnas, and the attendance of witnesses may be 
 compelled, as in ordinary cases. If the_ Justices are not prepared to proceed, or the reputed 
 father desires an adjournment, for sufficient reasons, the examination may be adjourned not 
 exceet^ing six weeks, on executing the bond, (§ 894,) the penalty of which must be a suffi- 
 cient sum fully to indemnify the town or county. (1 R. S., 3d ed, 823, J t, 'it seq.; 10 John' 
 son, 93.) 
 
492 
 
 HEW CLERK'S ASSISTANT. 
 
 § 894. Bond on Adjowmnent. 
 
 Know all men by these presents : That we, C. D. and R R, of 
 , in the county of , are held and firmly bound 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, executors and administrators, jointly and severally, firmly by 
 these presents. Sealed with our seals, and dated this day of 
 
 The condition of this obligation is such, that whereas the above 
 named C. D. has been this day brought before G. H. and S. T., two 
 of the Justices of the Peace of said county, charged upon the oath 
 of E. B., of , aforesaid, with being the father of a bastard child, 
 
 with which the said E. B. alledges she is pregnant, [or, of a bastard 
 child lately bom of the said E. B. :] And whereas, at the request of 
 the said C. D., and for sufiBcient reasons given, the said Justices have 
 determined to adjourn the said examination and adjudication, upon 
 the execution of this bond, until the day of instant, 
 
 at o'clock in the noon, at the oflSce of the said G. H., 
 
 in : Now, therefore, if the said C. D. shall personally ap- 
 
 pear before the said Justice^, at the time and place last aforesaid, and 
 not depart therefrom without leave, then this obligation is to be void ; 
 otherwise of force. C. D. [l. s.1 
 
 Sealed, &c., [as in % 853.] R F. [l. s.] 
 
 §895. Order of Filiation^ 
 County, ss: 
 Whereas, we, the undersigned, being two of the Justices of the 
 Peace of said county, have this day associated, at- , in said 
 
 county, upon the application of E. R, Overseer of the Poor of the 
 
 1 Upon the examination and hearing before the Justices, the mother must be again exa- 
 mined on oath, in the presence of the reputed father : and such otlier testimony must be heard 
 as may be offered in relation to the matter. If the Justices determine that the person under 
 arrest is not the father, he must be forthwith discharged ; if they determine that he is such 
 father, they are required to make the order of filiation. If the mother be in indigent circum- 
 stances, the sum to be paid for her sustenance must be specified in tne order. The statute 
 requires all the proceedings in a case of bastardy to be reduced to writing, and signed by the 
 Justices. If the order is made sufficiently comprehensive, there will be no necessity for a 
 further statement. (1 R- S., 3d ed., 824, 5 11, et seq.) The adjudication of the two Justices 
 in a case of this kind is final, if it be in favor of the reputed father, unless appealed from. 
 (19 Wendell, 154 ; 5 Hill, 443.) Upon receiving notice of the order of filiation, the reputed 
 father must immediately pay the costs, and execute the bond conditioned for the due per- 
 formance of tlio order, or to appear at the next term of the Court of Sessions. If he neglect 
 or refuse to execute the bond, tne Justices are required to commit him to the county jail un- 
 til suoh bond be executed, or he be discharged by the Court of Sessions. (1 R. S., 3d ed., 
 823, §4 7, 8 ; Id., 825, § 14, et seq.) A bond given te appear at the next term of the court as 
 above specmed, is not a recognizance, but matter in pais, like any other deed. (5 Hill, 647.) 
 If thi» ifcputei father refuses to pay the costs, he may be committed, notwithstanding hs Biaj 
 bave given t«i6 bond. (2 Denio, 127.) 
 
POOR LAWS. 493 
 
 town of , [or, Superintendent of the Poor of said county,] 
 
 for the purpose of making an examination and determination touching 
 a certain bastard child, lately bom m said town, of the body of E. 
 B., [or, of a certain child wherewith E. B. is said to be pregnant, 
 and which when born will be a bastard,] and chargeable [or, Ukely 
 to become chargeable] to said town, [or, county,] and of which child 
 C. D. was alledged to be the father; And, whereas, we have duly 
 examined the said E. B. on oath, m the presence of the said C. D., 
 touching the father of said child, and have also heard the proofs and 
 allegations to us oflFered in relation thereto, as weu on the part and 
 behalf of the said Overseer, [or. Superintendent,] as of the said C. 
 D. : whereby it appears that tiie said E. B. was, on the day 
 
 of last, delivered of a bastard child in said town, [or, that 
 
 the said E. B. is now pregnant of a child, which, when bom, wiU be 
 a bastard,] and which is chargeable [or^ likely to become chargeable] 
 to said town, [or, county,] and that the said C. 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 farther, we do hereby order that 
 the said C. D. pay to the Overseer of the Poor of said town of , 
 
 [or, to the Superintendents of the Poor of said county,] for the sup- 
 port of said child, the weekly sum of one dollar, so long as the said 
 child shall continue chargeable to said town, [or, county :] And inas- 
 much as it appeared to us, and we find, that the said E. B. is in indi- 
 gent circumstances, we determine and order that said C. D. pay to 
 the said Overseer of the Poor, [or. Superintendents,] for the suste- 
 nance of the said E. B., during her confinement and recovery there- 
 from, the sum of twenty dollars. And we do hereby certify the 
 reasonable costs of apprehending and securing the said father, and 
 of the order of filiation, at the sum of dollars. 
 
 Given, &c., [as m § 851.] 
 
 § 896. Bond upon Order of FUiatton. 
 
 Know all men, <fec. : [as in § 894, to the * and then add:'\ The 
 jsondition of this obligation is such, that whereas, by an order this 
 day duly made and subscril»ed by the undersigned. Justices of the 
 Peace of said county, it is adjudged that the said C. D. is the father 
 of a bastard child of which E. B. is pregnant, and which is likely to 
 become chargeable [or, of a bastard child lately bom in said town, of 
 E. B., and which is chargeable] to said town, [or, county :] And it 
 was thereupon ordered by the said Justices that, &c., [recite the order 
 for the support of tKe bastard and sustenance ofihe mother, as in 
 § 895.-] Now, therefore, if the said C. D. shall pay the sums for the 
 support of the bastard child, and the sustenance of its mother, as the 
 same are ordered by the said Justices, as aforesaid, or as shall at any 
 
494 NEW CLERK'S ASSISTANT. 
 
 time hereafter be ordered by the Court of Sessions of said county 
 and shall fully and amply indemnify the said town, [or, coimty,] and 
 every other county, town, or city, which may have incurred any ex- 
 pense, or may be put to any expense, for the support of such child 
 or its mother during her confinement or recovery therefrom, against 
 all such expenses, then this obligation to be void; otherwise of force. 
 [ff the party intends to appeal, instead of the foregoing, sag : Now, 
 therefore, if the said C. D. shall personally appear at the next Court 
 of Sessions of said county, and shall not depart the said court with- 
 out leave, then this ooJigation to be void; otherwise of force.] 
 Sealed, &c., [as in § 853.] 
 
 § 897. Warramt to Commit Putative Father. 
 County, ss : 
 To any Constable of said County, greeting : 
 
 Whereas, by an order of filiation this day made by us, the under- 
 signed Justices of the Peace of said coimty, at , in said 
 county, we did adjudge C. D. to be the father of a bastard chUd, be- 
 gotten upon the body of E. B., of said town, and did thereupon order 
 that the said C. D. pay, &c., [set forth the direction for the support 
 of the child, the sustenance of the mother, and the amount of costs 
 and charges required to he paid, as in the order i] And whereas, 
 upon the making and subscribing such order, we did require the said 
 C. D. immediately to pay the costs so certified, and to enter into a 
 bond to the people of this State, in the penal sum of doEars, 
 with good and sufficient sureties, to be by us approved, with one or 
 other of the conditions, which, by the statute in such case made and 
 provided, is prescribed : And whereas, due notice of our said order 
 has been given to the said C. D., but he has wholly neglected either 
 to pay the said costs and charges, or to execute the" bond as aforesaid, 
 [ or, as the case mag be ."] You are therefore hereby commanded, in 
 the name of the people of the State of New York, to convey the said 
 C. D. to the common jail of the said county, the keeper whereof is 
 hereby required to receive and detain the said C. D. in custody in 
 said jail, until he shall be discharged by the Court of Sessions of the 
 said county, or shall execute such bond, in the penalty required, as 
 aforesaid. 
 
 Given, &c., [as in § 851.] 
 
 § 898. Warrant to Release PiUative Father from JaiL 
 County, ss : 
 To the Keeper of the Common Jail of said county, greeting : 
 
 Whereas, by the warrant of the imdersigned. Justices of the Peace 
 of said county, bearing date the day of instant, C. 
 
POOR LAWS. 495 
 
 D. was commilted to your custody in said jail, beiug charged as the 
 reputed father of a bastaj-d, whereof it was testified to us that E. B., 
 of , in said county, was pregnant, and which was likely to 
 
 become chargeable to (aid town, [or, county,] for not paying the costs 
 by us certified, and executing the bond consequent upon our order of 
 filiation, as by the statute required : and whereas, it is now testified 
 and appears to us, upon due proof before us given, thajt said E. B. 
 hath married before her delivery of said chUd, [or, has miscarried of 
 such child ; or, was not pregjnant] You are, therefore, hereby com- 
 manded, in the name of the people of the State of New York, forth- 
 with to discharge the said C. D. out of your custody, under the com- 
 mitment upon our warrant, as aforesaid. 
 
 Given under our hands and seals, &c., [as in § 851.] 
 
 § 899. Indorsement on a Warrant of Arrest, to be Exeouted in a 
 Foreign Qmmty} 
 I, the within named Justice of the Peace, direct that the penal 
 sum in which any bond shaJl be taken of the within named C. D., 
 shall be doUars. G. H., Justice. 
 
 § 900. Indorsement of Justice in a Foreign Govmty. 
 County, ss : 
 
 The within warrant, with the indorsement made thereon by the 
 Justice by whom it was issued, of the sum required to be put in the 
 bond, having been presented to me, the undersigned, a Justice of the 
 Peace of said county ; and proof having been made of the hand- 
 writing of the Justice who issued the said warrant, the arrest of the 
 said C. D. is hereby authorized, if he can be found within the county 
 of 
 
 Dated, &c., [as in § 8T8.] 
 
 ^ The indorsement of the penal sum in whiiih a bond may he executed, must be made in 
 all cases, where a warrant is to.be executed in a foreign county. In order to execute the 
 warrant, the indorsement of a Justice in such county is requisite. The indorsement is to 
 be made upon proof of the handwriting of the Justice issuing the warrant, as in other cases. 
 When the person charged is arrested, he must be taken before the Justice who indorsed the 
 warrant, or some other Justice of the same county, in order that he may be discharged on 
 executing the bond required by statute, (§ 901) if lie shall elect to do so. When the bond is 
 executed, the Justice must indorse his certificate of discharge, Ac, on the warrant, and de- 
 liver the same, together with the bond to the Constable, who is required to return them to 
 the Justice originally issuing the waiTant, in fifteen days. If tne reputed father refuse oc 
 neglect to execute the bond, he must be taken before the Justice who issued the warrant, 
 and the same proceedings are thereupon to be had as if the arrest had been made in the 
 same county. If the bond be given conditioned to indemnify, &c., no other proceedings are 
 necessary, except the return as above mentioned; but if the condition be to appear at the 
 Court of Sessions, &c.^the Justice who Issued the warrant must call another Justice to 
 assist him, and proceed, to take the examination, &c-, as in other cases. Ci K< S., 3d ed , 
 823, § 7 ; Id.; 826, § 18, et seq.; 1 Johnson, 486 ; 13 Wende'J, 698.3 
 
496 HEW CLERK'S ASSISTANT. 
 
 § 901. Eond on jirrest in Foreign Cormty. 
 
 Know all men, &c. : [as in § 894, to the *, and then add:] 
 Whereas, the said C. D. has been this day brought before the under- 
 signed, one of the Justices of the Peace of the county of , 
 by virtue of a warrant bsued by G. H., one of the Justices of the 
 Peace of the county of , whereon the name of said Justice, 
 [or, of 0. M., one of the Justices of the Peace of the said county 
 of , is indorsed, with an authority to arrest the said 0. D., 
 in said county of ; in which warrant it is recited that E. B., 
 of , in said county of , upon her examination on oath, be- 
 fore the said G. H., Justice, did declare herself 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 ■ last, at , 
 aforesaid, delivered of a bastard child, which is chargeable] to said 
 town [or, county :] And upon the said warrant is indorsed the di- 
 rection 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. shall indemnify the said town [or, coun- 
 ty] of , and every other county, town, or city, which may 
 have incurred any expense, or may be put to any expense, for the sup- 
 port'of such child, or of its mother during her confinement and recov- 
 ery therefrom, against all such expenses, and shall pay the costs of ap- 
 prehending htm, the said C. D., and of any order of filiation that 
 may be made in this matter, [or, if the said C. D. shall appear 
 at the next Court of Sessions of the said county of , and 
 not depart the said court without leave,] then the above obligation to 
 be void ; otherwise of force. 
 
 Sealed and delivered, and the ) ' CD. [l. b.1 
 
 security approved by me, j E. F. [l. s.J 
 
 M. B., Justice, &c 
 
 § 902. Certificate of Discharge, on Executing the Foregoing Bond. 
 County, ss : 
 
 I certify that the within named C. D., who was brought before me, 
 one of the Justices of the Peace of the county of , by virtue 
 
 of the within named warrant, was discharged from arrest by me, 
 upon his executing a bond pursuant to statute. 
 
 Dated, &c. [a* m § 878.] 
 
 § 903, Order of Filiation in the Absence of the Repvied Father, 
 Apprehended in a Foreign Comity. 
 County, ss : 
 C. D. having been apprehended in the county of , in the 
 
 State of New York, by virtue of a warrant, and the direction and 
 
POOR LAWS. 497 
 
 authority thereon indorsed, of which the following are copies, to wit: 
 [insert copies,] was carried before M. B., Esq., a Justice of the 
 Peace of said county of , who took from him, the said C. D., a 
 
 bond to the people of the State of New York, with good and sufficient 
 sureties, in tiie sum directed in the indorsement on the said warrant, 
 conditioned that the said C. D. shall appear at the next Court of Ses- 
 sions to be holden in said county of , and not depart the said court 
 without its leave : and the said bond having been in due form of law 
 returned to the xmdersigned, Q. H., the Justice who issued the said 
 warrant, he thereupon immediately called to his aid the undersigned, 
 S. T., another Justice of the same county, and the said Justices pro- 
 ceeded to make examination of the matter, on the day of , 
 18 , 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, which is chargeable to the said town of , and 
 that C. D. is the father of such child, [or, a» in § 895.] 
 
 We, the Justices aforesaid, do therefore adjudge, Ac, [as in 
 § 895.] 
 
 § 904. Warrant to Commit a Mother who Befuies to Disclose the 
 Name of the Father} 
 
 County, ss : 
 To any Constable of said County, greeting : 
 
 Whereas we, the undersigned. Justices of the Peace of said county, 
 being now associated for the purpose of examining into and making 
 order for the indemnity of the town of , in said county, [or, 
 
 for the indemnity of 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 chargeable] to said town, [or, 
 countyj upon the application of E. R, Overseer of the Poor of said 
 town, [or, a Superintendent of the Poor of said county,] have re- 
 quired the said E. B., who is now before us, to submit to an examin- 
 ation 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 disclose the name of such father, but the said E. B. 
 wholly refuses to testify and disclose ; and inasmuch as it now appears 
 
 1 The mother t)f a bastard child is to he regarded as a witness against the father, and may 
 be BubflGenaed to appear and testify, and her attendance compellea as in other cases. If, or 
 appearing before the Justice, she refuse to testify and disclose the name of the father, such 
 Justice may, after the expiration of one month from the time of her confinement, if she shall 
 be sufficiently recovered, commit her to the common jail of the county, by a warrant under 
 his hand, or under the hands of the t'vo Justices attending to take the examination. (1 R 
 S., 3d ed., 826, S 20 ; 4 Wendell, S5S.1 
 
498 NEW CLERK'S ASSISTANT. 
 
 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 her confinement : You 
 are therefore hereby commanded, in the name of the people of the 
 State of New Yorl^ to take the said E. B., and convey her to the 
 common jail of the said county, the keeper whereof is required to 
 detain the said E. B. in his custody in said jail, until she shall so 
 teslify ajid disclose the name of such father. 
 Given, &c., [as in § 851-] 
 
 § 905. Summons where Mother has property in her own Right} 
 
 County, ss : 
 To any Constable of said County, greeting : 
 
 You are hereby required to summon E. B., of , in said 
 
 county, to appear before us, the undersigned, Justices of the Peace 
 of said county, on the day of instant, at two o'clock ' 
 
 in the afternoon, 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 chUd, said to have been lately bom of the 
 said E. B., and chargeable [or, likely to become 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 coimty,] having 
 applied to us for that purpose. 
 
 Given, &c., [as in § 851.] 
 
 § 906. Order to Compel the Mother to Pay for Svpport of the 
 
 Child. 
 County, ss: 
 Whereas, G. H., one of the Superintendents of the Poor of said 
 county, [or, E. F., Overseer of the Poor of the town of , in 
 
 said county,] has made application to us, two of the Justices of the 
 
 1 Where the mother of a bastard child is possessed of property in her own right, two Jus- 
 tices of the Peace of the county, on the application of a Superintendent or Overseer, may in- 
 quire into the matter, and make an order charging the motner with the weekly payment of 
 an allowance, or sustenance, for the support of such child. A copy of the order, when 
 made, should be served on the mother, and if she desire to appeal from the same to the 
 Court of Sessions, she must execute a bond, in such penal sum,.and with such sureties, as 
 the Justices shall direct to appear at such court, and not depart without leaVe: The form 
 given in the case of a putative father, (§ 896,) may be varied for this purpose. If, after ser- 
 vice of the order, the mother refuse or neglect to comply therewith, she may be summarily 
 committed to jail. (1 K. S- , 3d ed., 826, § 21 , et seq.) If she execute the bond, the .Tustices 
 must transmit it, togetherwith their order of sustenance, to the Clerk of the county, before 
 the sittisg of the court. 
 
POOR LAWS. 499 
 
 Peace of said county, complaining that E. B., of , in said 
 
 county, was lately delivered at , aforesaid, of a tastard child, 
 
 which is chargeable [or, likely to become chargeable] 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 
 that we should examine into the matter and make order for the in- 
 demnity of the said county, [or, town.] And whereas, upon exami- 
 nation 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, 
 [ox, and the said E. B. neglecting to appear before us and show cause, 
 if any she might have, to the contrary, although duly summoned 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 ; [1/ necessary, insert here, unless the 
 said E. B. shall nurse and take care of said child herself] 
 Given, &c., [tw in § 851.] 
 
 § 907. Warrant to Gommit Mother for not ^xecutinff Bond. 
 
 County, ss: 
 To any Constable of said Coimty, 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 
 bom in said county, of the body of E. B., which is chargeable to the 
 town of , [or, said county,] we directed, &c., [as in the order ;] 
 
 which order was so made upon the application of E. P., Overseer of 
 the Poor of said town, [or, a Superintendent of the Poor of s^d coun- 
 ty ;] 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 ap- 
 pearance, at the next Court of Sessions, &c., nor complied with the 
 requirements of the 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 exe- 
 cute the bond authorized by statute, as aforesEud. 
 
 Given, &c., [as in § 861.] 
 
500 NEW CLERK'S ASSISTANT. 
 
 § 908. Warrant to Seise the Property of Absconding Father of 
 Bastard. 
 
 County, ss.: 
 
 To E. F., Overseer of the Poor of the town of , m said 
 
 county, [or. To the Superintendents 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 Superintendents,] as upon due proof of the 
 facts before us ^ven, that C. D. is the father of a bastard child, 
 whereof E. B., of said town, is now pregnant, and which, when bom, 
 is likely to become chargeable to said town, [or, coimty,] [or, that 
 C. D. is the father of a bastard child lately bom in said town, of E. 
 B., and which is chargeable, or likely to become chargeable, to said 
 town [or, said county,] and that said C. D. has absconded from said 
 town, which is the place of his ordinary residence, leaving in said 
 county some estate, real or personal:] We therefore authorize you, 
 (fee, [as in § 851.] 
 
 § 909. Order redudng the sum to he Paid hy the Father or Mother 
 of a Bastard Child. 
 
 County, ss^ 
 To E. ¥., Overseer of the Poor of the town of , in said 
 
 county ; [or, the Superintendents of the Poor of said county :] 
 
 Whereas, by an order of filiation by us made, bearing date the 
 day of last, we did determine that C. D. was the father of a 
 
 certain bastard child, then lately bom in , aforesaid, of one 
 
 E. B., and did thereupon direct, among other things, that the said C. 
 D. should pay to you, the said Overseer, [or. Superintendents,] for 
 the support of said child, the weekly sum of one dollar, 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 circumstances 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 circumstances in relation to said bas- 
 tard chUd, 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 Overseer, [or, 
 Superintendents,] 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 required to be paid by tiie said C. D., by our former 
 vrder as aforesaid, to the weekly sum of 
 
 Given, iko, [as in § 85^.] - 
 
POOR LAWS. 50 i 
 
 § 910. Notice, by Superintendent, or Overseer, that Application 
 will be made to the Oowt of Sessions to increase the 
 Amount Payable in the Order of Filiation} 
 
 To CD.: 
 
 You will take notice, that 1 shall make application to the next 
 Court of Sessions of the county of , to be holden at , 
 
 in said county, on the day of , at ten o'clock in the 
 
 forenoon, to increase the sum directed to be paid by the order of filia- 
 tion, of which the annexed is a copy, for the support of the bastard 
 chUd named therein ; which said application will be founded on the 
 affidavits, copies of which are also hereto annexed. 
 
 Dated , this day of , 18 . 
 
 K M., Superintendent of the Poor. 
 
 § 911. Notice, to be given to Superintendent, or Overseer, for Be- 
 ducing Amount in the Order of Filiation. 
 
 To L. M., Superintendent, [or, E. F., Overseer,] of the Poor : 
 
 You wiU take notice, that I shall make application to the next 
 Coiu-t of Sessions of the county of , to be holden at , 
 
 in said county, on the day of ,18 , at ten o'clock, in 
 
 the forenoon, to reduce the amount directed to be paid by the order, 
 &c., [o« m § 910, except that the notice must be signed by the other 
 party.J t 
 
 § 912. Notice of Appeal from Order of Filiation.' 
 
 To G. H., and S. T., Esqrs., Justices of the Peace of the County 
 of : 
 
 You will take notice, that the undersigned, conceiving himself ag- 
 grieved by the order made by you, of wMch a copy is annexed, here- 
 by appeals therefrom to the next Court of Sessions, to be holden in 
 said county. 
 
 Dated , this day of , 18 . 
 
 C. D. 
 
 '*■ The atove notices, { § 910 and § 9110 with the accompanying papers, must be served od 
 the party to be notified, at least ten days before the application is to be made. 
 
 2 An appeal may be made to ihe court by the reputed father, or b/ the Superintendent or 
 Overseer, from any order or determination of the Justices, notice of which, with a copy of 
 the order, must be served on such Justices, and on the opposite party. (1 R> S-i 3d ea, B27f 
 
CHAPTER XXXVI. 
 
 POWERS OF ATTOENEY. 
 
 PEACTICAL REMARKS. 
 
 1. A letter, or power of attorney, is a written delegation of au- 
 thority, by which one person enables another to do an act for him. 
 
 2. Where a power is special, and the authority Umited, the attor- 
 ney cannot bind bis principal by any act in which he exceeds "that 
 authority; but the authority of the attorney will be so construed, as 
 to include aU necessary means of executing- it with eSect^ 
 
 3. An authority to enter up a judgment against two persons, wUl 
 not warrant a judgment against one alone." 
 
 4. The declarations of one holding a letter of attorney, made in 
 the course of his dealings as such, with a third person, will bind the 
 principal equally with l£e articles to which they relate.' 
 
 6. Written powers are always to receive a strict interpretation.* 
 
 6. The adoption of one part of a transaction, done under an as- 
 sumed agency, is an adoption of the whole.' 
 
 7. Notice given to an agent, relating to business which he is au- 
 thorized to transact, and while actually engaged in transacting it, 
 wiU in general enure as notice to the piincipaL' 
 
 8. Where an act of agency is required to be done in the name of 
 the principal, under seal, the authority of the agent must be under 
 seal An authority to convey lands must be in writing; though it is 
 otherwise of a contract to convey.' 
 
 '13 Johnson, 307; 18 Id., 363 j 1 Hill, 155 j 
 3 Id., 262. 
 ' 1 Hill, 155. 
 « 3 Hill, 262. 
 4 3 BUI. 262. 
 
 e24 Wendell, 325; 3 Hill, 652 j 5 Id., 107, 
 137. 
 
 • 9 Johnson, 163 ; 6 Hill, 101. 
 
 I2R. S. C3d ed.,1 194, § 6, et seq. ; 6 Won- 
 dell, 461 : 10 Id., 436 ; 13 Id..- 481.; 16 Id., 2B, 
 28; 2,HiII,485j 5 Id., 107. 
 
POWERS OF ATTORNET. 
 
 503 
 
 9. It is not necessary that a letter of attorney to convey land 
 should be recorded; though when duly proved or acknowledged, in 
 the same manner as conveyances of real estate, it may be so recorded. 
 When such letter of attorney has been recorded, the instrument re- 
 voking it must also be recorded, in the same office.' 
 
 10. When any married woman residing out of this State, imites 
 with her husband in the execution of a power of attorney to convey 
 real estate, she must acknowledge such execution, in the same man- 
 ner as conveyances executed by married women residing out of the 
 State." 
 
 1 1. When a person has the power to do an act, in his own righi^ 
 he may delegate it to an attorney ; but an attorney cannot delegate 
 his authority to a substitute, unless expressly authorized so to do. 
 Whenever a substitute is regularly appointed, he must act in the 
 name of the principal 
 
 12. The authority of an attorney ceases when it is withdrawn by 
 the principal ; but where the letter of attorney forms part of a con- 
 tract, and is security for money, or for the performance of any act 
 which is considered valuable, it will be deemed irrevocable in law.' 
 
 13. The revocation of a letter of attorney takes effect, as to the 
 attorney, from the time it is communicated to him ; and as to third 
 persons, from the' time they have notice of it. 
 
 14. If a power of attorney is to be used in a different State or 
 Territory from that in which the principal resides, it should be duly 
 acknowledged or proved. Where the attorney resides, or is to tran- 
 sact business in a foreign country, the acknowledgment should be 
 made before a Notary. 
 
 FORMS. 
 
 ■ §913. Oeneral Form of Power of Attorney.^ 
 
 Know all men by these presents : That I, A. B., of , in 
 
 the county of , and State of New York, have made, consti- 
 
 tuted and appointed," and by these presents do make, constitute and 
 appoint, C. D., of, &c., my true and lawful attorney, for me, and in 
 my name, place, and stead, *[sei forth the subject matter of the 
 power,'] giving and granting unto my said attorney, full power and 
 authority, to do and perform all and every act and thing whatsoever, 
 
 1 2 K, S, (3d ed.,} 47, 5§ 45, 46 ; 10 Paige, 346. 
 a2R. S. (3d ed.,) 47, § 47 j Laws ol' I83S, 
 chap. 276. 
 s llJ»hnaon,47- 12 Id., 343; 6Cowen,489. 
 
 •For different forms of.acknowled|mems, 
 to accompany powers of attorney, when no. 
 cessary, sen Chapter I. 
 
504 NEW CUERK'S ASSISTANT. 
 
 requisite and necessary to be done, in and about tbe premises, aa 
 fuUy, to all intents and purposes, as I migit or could do if personally 
 present, with full power of substitution and revocation, hereby rati- 
 fying and confirming all that my said attorney, or his substitute 
 shall lawfully do, or cause to be done, by virtue thereof. 
 
 In witness whereof I have hereunto set my hand and seal, the 
 day of , in the year one thousand eight hundred 
 
 and 
 
 Sealed and delivered in ) ii- B. [l. s.] 
 
 the presence of ) 
 
 G. H. 
 
 § 914. Power of Attorney to Collect Debts. 
 
 Know all men by these presents, &c.: \as in^ 913, to the *, and 
 then add .•] and to my use, to ask, demand, sue for, coUect and re- 
 ceive, all such sums of money, debts, rents, dues, accounts, and other 
 demands whatsoever, which are or shall be due, owing, payable and 
 belonging, to me, or detained from me, in any manner whatsoever, 
 by E. F., of, (fee, his heirs, executors and administrators, or any of 
 them, [or, by any person or persons residing or being in the State 
 of ;] giving and gTanting imto my said attorney, &c., \as 
 
 m § 913, to the end^ 
 
 § 915. Power to Collect Bents. 
 
 Know all men by these presents, &c. ; \as in § 913, to the *, and 
 then addf\ and for my use, to ask, demand, [insert, distrain for, if 
 necessaryi\ coUect and receive, all such rents, and arrears of rent, 
 as now are or may be, or shall hereafter grow, due, or owing to me, 
 from E. R, R F., and L. M., of, &c., or any of them, as tenants or 
 occupiers of any lands, tenements, or hereditaments, belonging to 
 or claimed by me, situate in the county of , in the State 
 
 of , or which may be due from, or payable by, any other 
 
 person or persons whomsoever, as tenants, occupiers, lessees, or 
 assignees, of any term or terms, of such lands, tenements, or heredita- 
 ments, or any of them, or any part or parcel of them ; and upon 
 receipt thereof, to give proper acquittances and sufiScient discharge 
 thereof ; giving and granting unto my said attorney, <fec., [as in 
 § 913, to the end] 
 
 § 916. Power to Receive a Legacy. 
 Know all men by these presents : That whereas, L. M., late 
 of , deceased, by his last will and testament, did give and 
 
POWERS OF ATTORNEY. 505 
 
 bequeath imto me, A. B., of, &c., a legacy of dollars, to be 
 
 paid unto me on the day of , 18 , of which said will 
 
 Gr. H. and S. T., of, &c., are joint executors : Now, therefore, I, the 
 said A. B., have made, constituted and appointed, and by these 
 presents do make, constitute and appoint, C. D., of, &c., 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 G. H. and S. T., 
 executors as aforesaid, tije legacy given and bequeathed unto me by 
 the said will of the saiff L. M., as aforesaid ; and upon receipt thereof 
 by, or payment thereof to, my said attorney, to make, execute and 
 deliver, a general release or discharge for the same ; hereby ratifying, 
 confirming and allowing, whatever my said attorney shaU lawfully do 
 in the premises. 
 
 In witness, &c., [as in § 913.] 
 
 § 917. Power to Receive Distributive Share of Personal Estatet 
 Executed by Husband and Wife. 
 
 Know all men by these presents: That whereas, C. D., late of 
 , the father of the undersigned, E. B., deceased on the 
 day of , 18 , at aforesaid, leaving certain personal 
 
 property belonging to him, the said 0. D., which is to be divided 
 among the heirs at law of the said C. D., according to the provisions 
 of the statute relative to the distribution of the personal estates of 
 intestates; and whereas, G. H. and S. T. have been duly appointed 
 by the Surrogate of the county of . , administrators of the 
 
 goods and chattels, rights and credits, which were of the said 0. D., 
 deceased.: Now, therefore, we, the undersigned, A. B., and E. B., 
 his wife, daughter of the said C. D., deceased, have made, consti- 
 tuted and appointed, and by these presents do make, constitute and 
 appoint, E. F., o^ &c., our true and lawful attorney, for lis, and in 
 our place and stead, and for our use and benefit, to ask, demand and 
 receive, of and from the said G. H. and S. T., the distributive share 
 of the personal estate of the said C. D., deceased, coming to us, in 
 right of the said E., as one of the heirs at law of the said 0. D., as 
 aforesaid : and upon receipt thereof by, or payment thereof to, our 
 said attorney, to make, execute and deliver, a good and sufficient 
 receipt, release, or discharge, for the same ; hereby ratifying, confirm- 
 ing and allowing, whatsoever our said attorney shall lawfully do in 
 the premises. 
 
 In witness whereof, we have hereunto set our hands and seals, the 
 day of , one thousand eight hundred and 
 
 Sealed, &c., [as t»i § 913.1 A B. [l. a.] 
 
 E. B [i. S.J 
 
506 NEW CLERK'S ASSISTANT. 
 
 § 918. Power to Take Charge of Lands, die. 
 
 Know all men by these presents, &c., [as m § 913, to the *, and 
 then add ;] to exercise the general control and supervision over the 
 lands, tenements and hereditaments, belonging to me, and situate in 
 the county of ; to prevent, forbid and hinder, by all lawful 
 
 means whatsoever, the commission of any trespass or waste upon the 
 same, or any part thereof ; and, at my cost and charge, and under 
 the advice of my counsel, R R, Esq., oi % , to sue for, 
 
 collect, recover and receive, and compound for, any damages which 
 may accrue by means of the commission of any trespass or waste 
 upon the said lands, tenements and hereditaments, or any part thereof, 
 by any person or persons whomsoever, giving and grantmg unto my 
 said attorney, &c., [as m § 913, to the end"] 
 
 § 919. General Power to Transact Business. 
 
 Know all men by these presents : That whereas, I, A. B., oi , 
 have this day leased the premises known as No. , in the 
 
 of , for the term of years next ensuing after the 
 
 day of next, for the purpose of conducting, carrying on and 
 
 transacting, at the place and number aforesaid, the business of a 
 general commission merchant, and more particularly, the receiving, 
 selling and vending, on commission, all kinds of dry and wet gro- 
 ceries : Now, therefore, I, the said A. B., have made, constituted and 
 appointed, and by these presents do make, constitute and appoint, 
 C. D., of , aforesaid, my true and lawful attorney, for me and 
 
 in my name, place and stead, to conduct, carry on and transact, the 
 business aforesaid, at the place and number aforesaid ; to receive on 
 commission, sell and vend, all and every such goods, wares and 
 merchandise, appertaining to the business aforesaid, as my said attor- 
 ney may deem meet and proper ; to make and execute, sign, seal and 
 deliver, for me and in my name, all bills, bonds, notes, specialties, 
 or other instruments in writing whatsoever, which shaU be necessary 
 to the proper conducting, carrying on and transacting, the business 
 aforesaid ; and to do and perform all and every act and deed, of 
 whatsoever name or nature, legally appertaining to the same, binding 
 me as firmly and irrevocably by such deed or performance, as if I 
 were myself present thereto consenting ; hereby ratifying, confirming 
 and allowing, whatever my said attorney shall lawifully do in the 
 premises. 
 
 In witness, &c., [as in § 913.] 
 
POWERS OF ATTORM)T. 507 
 
 § 920. General Custom House Power. . 
 
 Know all men by these presents, &c., \as in § 913, to the *, and 
 then add ;] to receive and enter at the custom-house of the district 
 of , any goods, wares, or merchandise, imported by me, or 
 
 which may hereafter arrive, consigned to me ; to sign my name, and 
 to seal and deliver, for me and as my act and deed, any bond or 
 bonds which may be required by the collector of the said district, for 
 securing the duties on any such goods, wares, or merchandise : Also, 
 to sign my name to, seal and deliver, for me, and as my act and deed, 
 any bond or bonds, requisite for obtaining the debenture on any goods, 
 wares, or merchandise, when exported; and generally to transact all 
 business at the said custom house, in which I am or may hereafter 
 be interested or concerned, as fully as I could if personally present 
 And I do hereby declare that all bonds signed and executed by my 
 said attorney, shall be as obligatory on me as those signed by my- 
 self, and this power shall remain in full force until revoked by writ- 
 ten notice given to the said collector. 
 
 In witness, Ac, [as in § 913.] 
 
 § 921. Power to Sell and Convey Real Estate. 
 
 Know all men by these presents, &c., [as m § 913 io the *, and 
 them, add ;] to enter into and take possession of all such lands, tene- 
 ments, hereditaments, and real estate whatever, in the State of 
 to or in which I am or may be in any way entitled or inte- 
 rested ; and to grant, bargain and sell the same or any part or parcel 
 thereof, for such sum or price, and on such terms, as to him shall 
 seem meet; and for me, and in my name, to make, execute, acknow- 
 ledge and deliver, good and sufficient deeds and conveyances for the 
 same, either with or without covenants and warranty ; and until the 
 sale thereof, to let and demise the said real estate, for the best rent 
 that can be procured for the same ; and to ask, demand, [insert dis- 
 train for, if necessary^ collect, recover, and receive, all sums of money 
 which shall become due and owing to me, by means of such bargain 
 and sale, or lease and demise ; giving and granting imto my said 
 attorney, &o., [as in § 913 to the end.'\ 
 
 §923. Power to Effect Insurance. 
 Know all men by these presents, &c., [as in § 913, to the * and 
 then adii ;] to effect insurance on [insert thg property to he insured^ 
 with the Fire [or. Marine] Insurance company, in the city 
 
 of , on such terms as to my said attorney shall seem meet 
 
 and proper; and I hereby empower my said attorney to sign any 
 
508 
 
 NEW CLERK'S ASSISTAHT. 
 
 application for said insurance, any representation of the condition and 
 value of said property, articles of agreement, promissory, or premium 
 note, and all other papers that may be necessary for that purpose ; 
 and also to cancel and surrender any poUcy he may obtain, and on 
 such canceling, or the expiration thereof, to receive any dividend, 
 return premium, or deposit, that may be due, and on such receipt 
 fuU discharge to give therefor; giving and granting uato my said 
 attorney, &c., [ a* m § 913, to the end^ 
 
 § 923. SvhstUution of an Attorney. 
 
 Know all men by these presents : That I, C. D., of , by 
 
 virtue of the power and authority to me ^ven, in and by the letter 
 of attorney, of A^ B., of , which is hereunto annexed, do 
 
 substitute and appoint B. P., of , to do, perform and execute, 
 
 every act or thing which I might or could do, in, by, and under, the 
 same, as well for me, as being the true and lawful attorney and sub- 
 ' stitute of the said A. B. ; hereby ratifying and confirming all that the 
 said attorney and substitute, hereby made and appointed, shall do in 
 the premises, by virtue hereof and of the said letter of attorney. 
 
 In witness, &c., [as in § 913.] ' 
 
 § 924. Revocation of a Power of Attorney. 
 
 Know all men by these presents : That whereas, I, A. B., oi, &c., 
 in and by my letter of attorney, bearing date the day of 
 
 , in the year one thousand eight hundred and , did 
 
 make, constitute and appoint C. D., of, <fec., my true and lawful attor- 
 ney, for me, and in my name, to, &c., [here copy the language of the 
 letter of attorney, '\ as by the said letter will more fully appear: Now, 
 therefore, I, the said A. B., have revoked, countermanded, annulled, 
 and made void, and by these presents do revoke, countermand, an- 
 nul, and make void, the said letter of attorney, and all power and 
 authority thereby given, or intended to be given, to the said C. D. 
 
 In witness, &c., \as in § 913.] 
 
CHAPTER XXXVn. 
 RECEIPT AND RELEASE. 
 
 PRACTICAL REMARKS. 
 
 1. A receipt infuU, though strong evidence, is not conclusive; and 
 the party signing such receipt wiU be permitted to show a mistaise or 
 error therein, if any exist' 
 
 2. Receipts for the payment of money, are open to examination, 
 and may be varied, explained, or contradicted, by parol testimony." 
 
 3. Where a receipt is given for money paid on a bond or contract, 
 and an indorsement also made, the latter should mention the fact 
 that a receipt was given for the same sum. 
 
 4. A release must be by an instrument sealed. The most benefi- 
 cial release is one of all demands. The word "demand" is more com- 
 prehensive than any other, except " claim," and when it is used, all 
 classes of actions and rights of action are extinguished.' 
 
 5. A release of one of several joint wrong doers or contractors, in 
 general, discharges all ; but where all are parties to the release, and 
 those not in terms discharged, covenant in it to remain liable, they 
 wiU not be discharged.' 
 
 6. A release of one of several joint, or joint and severU obligors, 
 discharges all.' 
 
 1. A covenant not to sue two joint debtors, is a release as to both ; 
 but a covenant not to sue one wUl not operate as a release to either ' 
 
 8. The competency of an interested witness may be restored by 
 release, or payment. A release for this purpose may always be given 
 
 '2 Hill, 291. I ' IDenio, 627. 
 
 a 1 Johnson's Cas. 145; 2 Johnson, 378; I * 18 Wendell, 319 ; 1 Hill, 185. 
 
 S Id., 72 : 7 Cowen., 331; 2 Hill, 291 ; 4 Id., » 3 Denio, 238. 
 
 104, 107. I 1 8 Paige, 229. 
 
510 iSTEW CLERK'S ASSISTANT. 
 
 where the party executing it has a present interest, or a present right 
 to take effect in future; and it must be delivered to the witness him- 
 self or to a third person, for the use of the witness, before his com- 
 petency will be' deemed to have been restored.' 
 
 FORMS. 
 
 § 925. Otnercd Form of JRecey>t on Account 
 $50. Albany, May 1, 1847. 
 
 Received of C. D. fifty dollars, to apply on account 
 
 A.B. 
 
 § 926. Receipt in FvM. 
 $110 10. Albany, May 1, 1847. 
 
 Received of C. D. one hundred ten dollars and ten cents, in full 
 of all demands against him. A. B. 
 
 § 927. Receipt for Money paid by Third Person. 
 $100. Albany, May 1, 1847. 
 
 Received of C. D., by the hand of E. R, one hundred dollars, tc 
 apply on account of said C. D. A. B. 
 
 § 928. Receipt for Money on Bond. 
 f200. Albany, May 1, 1847. 
 
 Received of C. D. two himdred dollars, to apply on his bond, dated 
 the day rf » 18 , being the same sum this day in- 
 
 dorsed on said bond. A. B. 
 
 § 929. Receipt for Interest Money. 
 $140. Albany, May 1, 1847. 
 
 Received of C. D. one hundred forty dollars, being the annual in- 
 terest due on his bond, dated the day of ,18 , 
 given to me, \or, to E. F.,] and conditioned for the payment of the 
 sum of two thousand doUars, in three years from date, with annua] 
 interest A. B. 
 
 ' 2 Johnson, 170 , 9 Id., 123 j 4 Hill, 256. 
 
EECEIPT AND RELEASE. 511 
 
 § 930. JReceipt to he Indorsed on a Bond or Contract. 
 $140. _ Albany, May 1, 1847. 
 
 Eeceived of C. D. one tundred forty dollars, being the annual in- 
 terest due on the within bond, and the same sum this day receipted 
 by me to the said C. D. A. B. 
 
 § 931. Release of all Demands. 
 
 Know all men by these presents : That I, A. B., of the 
 of , for and in consideration of the sum of dollars, 
 
 to me in hand paid by C. D., of , have remised, released, 
 
 and forever discharged, and by these presents do, for myself, my 
 heirs, executors, adimnistrators and assigns, remise, release, and for- 
 ever discharge, the said C. D., his 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, claims and de- 
 mands, whatsoever, in law or in equity, which I ever had, or now 
 have, or which I or my heirs, executors, administrators, or assigns, 
 hereafter can, shall, or may have, by reason of any matter, cause, or 
 thing, whatsoever, from the beginning of the world to the date of 
 these presents.* 
 
 In witness whereof, I have hereunto put my hand and seal, this 
 day of , one thousand eight hundred and 
 
 In pjes^nce of > A. B. [l. s.] 
 
 § 932. Special Releaae. 
 
 Know all men, &c., [as in § 931, to the *, and then add:'j arising 
 out of any dealings, or transactions, between myself and the said C. 
 D., at my store in the city of 
 
 In witness, &c., [as in § 931.] 
 
 § 933. Release hy Creditor Named in an Assignment. 
 
 Know all men, &c., [as in § 931, to the *, and then addi] saving 
 and excepting, however, and without prejudice to, all my rights, reme- 
 dies, claims and demands, and the rights, remedies, claims and de- 
 mands, of my heirs, executors, administrators and assigns, under a 
 certain deed of trust, bearing even date herewith, and made and exe- 
 cuted by the said C. D. to E. F., upon the trusts therein expressed 
 and declared. 
 
 In witness, &c., [as in § 931.] 
 
512 NEW CLERK'S ASSISTANT. 
 
 § 934. Release of Part of Mortgaged Premises} 
 This mdenture, made this day of , in the yeai- 
 
 between A. B., of, &c., and C. D., of, &c., witnesseth : That whereaa, 
 the said C. D., by his indenture of mortgage, bearing date the 
 day of , A. D. 18 , did, for the consideration and for the 
 
 purposes therein mentioned, convey to the said A. B. \or, to one E. 
 F., by mortgage duly assigned to the said A. B.,] certain lands in 
 aforesaid, and of which the lands heremafter described are 
 part and parcel ; and the said C. D., on the day of the date hereof, 
 has paid unto the said A. B. the sum of dollars, being part 
 
 of the money secured by the mortgage aforesaid, as therein specified, 
 on which payment the said A. B. hath agreed [or, and the said A! 
 B., at the request of the said C. D., hath agreed] to release to the 
 said C. D., his heirs and assigns, the lands hereinafter described, and 
 to take and accept the residue of the said mortgaged premises as his 
 security for the payment of the moneys remaining unpaid on the said 
 mortgage : Now, therefore, the said A. B., in consideration of the 
 premises, doth hereby ^ant, release, assign and make over, to the 
 said C. D., and to lus heirs and assigns, all that part of the said 
 mortgaged lands, bounded and described as foUows, viz : [give de- 
 scription:'] with the hereditaments and appurtenances thereimto be- 
 longing, or in any wise appertaining : To have and to hold the lands 
 and premises hereby released and conveyed, to the said 0. D., his 
 heirs and assigns, to his and their only proper use and behoof forever, 
 free, clear, and discharged of and from the lien of the said mortgage. 
 In witness whereof, the said A. B. hath hereunto set his hand and 
 seal, the day and year above written. 
 
 Sealed and delivered ) A. B. [l. s.] 
 
 in presence of ) 
 G. H. 
 
 § 935. Release of Land hy a Judgment Creditor? 
 In Court. 
 
 A. B. ) 
 
 against > Judgment rendered the day of , 
 
 C. D. ) 18 , in the Court> in the county of 
 
 : [or, before C. C, Esq., a Justice of the Peace in and 
 for county.] 
 
 Judgment perfected and docketed in County Clerk's 
 
 office, the day of ,18 : [or. Transcript filed and 
 
 judgment docketed i)j Coimty Clerk's office, the day 
 
 of , 18 .] 
 
 * A release of a. lien on real estate, by mortgage or judgment, should be acknowledged 
 and recorded in the county where the premises are situated. 
 2 See note to §934. 
 
RECEIPT AND RELEASE. 513 
 
 In consideration of dollars, to me in hand paid, the receipt 
 
 whereof is acknowledged, 1 do hereby remise, release and discharge, 
 the following described land and premises, to wit : [describe the pre- 
 mises. '1 from all claim to, or interest in, the same, or any part 
 thereof which I may have, under and by virtue of the above men- 
 tioned judgment, and from all lien or incumbrance that has attached 
 to the same by reason of the recovery of the said judgment, as free 
 and clear, in all respects, as though said judgment had not been ren- 
 dered. 
 
 In witness whereof I have hereimto set my hand and seal, this 
 day of , 18 . 
 
 Sealed and delivered ) A. B. [l. 8.J 
 
 in presence of J 
 
 an. 
 
 § 936. Release of a Legacy. 
 Know all men by these presents : That, whereas, A. B., of , 
 
 tn the county of , and State of , by his last will 
 
 and testament in writing, bearing date the day of , A. 
 
 D. 18 , did, among other legacies therein contained, give and be- 
 queath unto me, C. D., of , in the county of g , and 
 State of , the sum, or legacy, of dollars, ancf of his 
 said will and testament did make and constitute E. F. the sole ex- 
 ecutor, \or, E. F. and G. H. joint executors :] Now, therefore, I, the 
 said C. D., hereby acknowledge the receipt from the said E. F., ex- 
 ecutor, [or, E. F. and G. H., executors,] as aforesaid, of the said 
 sum, or legacy, of dollars, bo given and bequeathed to me 
 as aforesaid, and do acquit, release .and discharge, the saidE. F. \or, 
 
 E. F. and G. H.,] of and from all legacies, dues and demands what- 
 soever, under or by virtue of the said last will and testament^ or 
 against, or out of, the estate of the said A. B. 
 
 In witness, &c., [as in § 931.] 
 
 § 937. Release from a Party to a Witness. 
 
 Supreme Court [or. Justice's Court 
 A.B., ) A.B., ) 
 
 against > against > Before Q. H., Esq.] 
 
 CD. ) C. D. ) 
 
 For value received, I do hereby release E. F., a witness oflfered 
 [or, to be offered] by me, on the trial of this cause, of and from any 
 claim or demand which I now, or may hereafter have, against him, 
 by reason of the determination of this suit, or any matter, either di- 
 33 
 
514 NEW CLERK'S ASSISTANT. 
 
 rectly or indirectly brought, or to be brought, in question, in this 
 sui1» either for or against me. And I do further release him from 
 all demands connected with, or depending upon, the subject matter 
 of this suit, or any part thereof, which I nowor may hereafter have 
 against him. 
 In. witness, &c., [as in § 031.] 
 
 § 938. Releoiefrcm a Witness to a Party. 
 
 [n Supreme Court 
 
 A.B., ) 
 
 against > lor, as in § 937.] 
 
 CD. ) 
 
 For value received, I do hereby release A. B., plaisdff in the 
 above cause, of and from any claim or demand which I now, or may 
 hereafter have, against him, by reason of the determination of th& 
 suit, or any matter, either directly or indirectly, brought or to be 
 brought in question, in this suit, either for or against him. And I 
 do further release him, &c., [as in § 937, to the end.J 
 
CHAPTEE XXXVm 
 
 SCHOOLS. 
 
 PRACTICAL REMABK.S. 
 
 1. Common Schools in tlie State of New York are free to all per- 
 fi-ons residing in the district over five and under twenty-one years of 
 age ; and persons who are not residents may be admitted therein, 
 with the consent, in writing, of the trustees, or a majority of them.' 
 
 2. The inhabitants of school districts entitled -to vote at district 
 meetings, when legally assembled, have power, by a majority of the 
 votes of those present : To appoint a chairman for the time being ; 
 to adjourn from time to time, as occasion may require ; to choose a 
 District Clerk, three Trustees, a District Collector, and a Librarian, 
 at the first meeting, and to supply vacancies whenever they occur ; 
 to designate a site for a district school-house ; to lay such tax on the 
 tax&ble inhabitants as the meeting shall deem sufficient to purchase 
 or lease a suitable site for a school-house, and to build, hire, or pur- 
 chase such school-house, and to keep the same in repair and furnish 
 it with necessary fuel and appendages; to designate sites for two or 
 more school-houses for their district, and lay a tax in the same man- 
 ner as above provided, with the consent of the Town Superintendent; 
 to levy a tax, not exceeding twenty dollars in any one year, for the 
 purchase of maps, globes, black-boards and other school apparatus ; 
 to vote a tax for the purchase of a book in which to record the pro- 
 ceedings of the district; whenever the site of their school-house has 
 been legally changed, to direct the sale of the former site or lot, with 
 the buildings and appurtenances ; in a district numbering more than 
 fifty children, between the ages of five and sixteen years, and having 
 over one hundred and twenty-five volumes in the district library, or 
 numbering fifty children or less, between the above ages, and having 
 
 > Lam on849, chap. 140 
 
516 NEW CLERK'S ASSISTANT. 
 
 over one hundred volumes, to appropriate the whole or any part of 
 the Kbraty money belon^g to the district for the current year, at a 
 special meeting to be called for the purpose, to the purchase of maps, 
 globes, black-boards, or other scientific apparatus for the use of thp 
 school ; to lay a tax, not exceeding ten dollars for each year, for the 
 purchase of a district hbrary, to consist of such books as the district 
 may direct, and such further sum as they may deem necessary for 
 the purchase of a book-case, — ^provided, however, that the intention 
 to propose the tax be stated in the notice of the meeting; with the 
 consent of the Town Superintendent, to unite their hbrary moneys 
 with those of an adjoining district, or districts, and purchase a joint 
 hbrary for the use of such districts, to be selected by the Trustees, 
 or such person as they may designate; to direct the public money 
 going to the teachers, to be divided into not exceeding two portions 
 for each year, one of which is to be assigned and applied by the 
 Trustees to each term during which a school shall be kept in the dis- 
 trict, for the payment of teachers' wages ; and to alter, repeal and 
 modify, their proceedings from time to time, as occasion may re- 
 quire.^ 
 
 3. The amount of tax which may be voted for the purchase or 
 lease of sites for the school-house, for repairs, fuel, furniture, and ap- 
 pendages, is unlimited by law; but no tax for building, hiring, or 
 purchasing a school-house, can exceed the sum of four hundred dol- 
 lars, unless on the certificate of the Town Superintendent of the town 
 in which the school-house is to be situated, that a larger sum, speci- 
 fying the amount, is necessary ; in which case a sum may be raised 
 not exceeding the amount so certified. In districts composed of parts 
 of several towns, the certificate of a majority of the Town Superin- 
 tendents of such towns wiU be necessary.^ 
 
 4. A majority of aU the taxable inhabitants of any school district, 
 to be ascertained by taking and recording the ayes and noes of such 
 inhabitants attending at any annual,, special, or adjourned school dis- 
 trict meeting, may determine that a tax exceeding four hundred dol- 
 lars, for building, hiring, or purchasing a school-house, be raised by 
 installments; and it will then become the duty of the Trustees to 
 raise the tax in accordance with such determination. The payment 
 or collection of the last installment cannot be extended beyond five 
 years from the time the original vote to raise the tax was taken; and 
 no vote to levy any such tax can be reconsidered, except at an ad- 
 journed general or special meeting, to be held within thirty days 
 thereafter, and the same majority will be requisite for a reconsidera- 
 tion as was necessary to levy the tax.' 
 
 5. The following are th6 qualifications of voters at district meet* 
 
 1 Laws of 1847, chap. 480. » 
 
 a Laws of 1847, chap. 480 ; 18 Johnson, 351 ; 5 Hill, 46. 
 » Laws of 1847, cliap. 480. 
 
SCHOOLS. 517 
 
 ings". The voter must be a male, twenty-one years old, or upwards, 
 and an actual resident of the district In admtion to the foregoing, 
 he must possess one or other of the following qualifications : He must 
 be entitled by law to hold land in this State, and must own or hire 
 real property m the district, subject to taxation for school purposes — 
 or he must be entitled to vote at town meetings of the town in 
 which the distiict, or part of a district is situated, and must have 
 paid a rate bill for teachers' wages in the district within one year pre- 
 ceding, or must own, personally, property liable to be taxed for school 
 purposes in the district, exceeding fifty dollars in value, exclusive of 
 what is exempt from execution.' 
 
 6. The Town Superintendent of Common Schools is elected at the 
 time, and in the manner, provided by law for the election of other 
 town officers, and holds his office for two years, commencing on the 
 first Monday of November succeeding his election. He is reqiured 
 to perform all the duties, and is subject to the restrictions and liabili- 
 ties formerly imposed by law on Commissioners and Inspectors of 
 common schools, in addition to the other powers and duties conferred 
 and enjoined upon him. It is his duty, on or before the first Mon- 
 day of November succeeding his election, to execute to the Super- 
 visor of his town, and file with the Town Clerk, a bond, with one 
 or more sufficient sureties, to be approved by the Supervisor, in the 
 penalty of double the amount of school money received from all 
 sources dming the preceding year ; and whenever the Supervisor is 
 of the opinion that the security of the Town Superintendent is not 
 sufficient for the protection of the public, he may require further 
 security. If the Town Superintendent fails to give such further 
 security, within five days after the service of a written notice from 
 the Supervisor upon him, his office will be vacant A person 
 appointed to fill a vacancy in the office of Town Superintendent, 
 will hold his office, only till the first Monday of November, following 
 the next annual town meeting, at which a successor to the incum- 
 bent must be regularly chosen fey the electors.* 
 
 7. The Town Superintendent has the general supervision of the 
 common schools in his town ; visits and inspects each school legally 
 organized, at least twice a year, and oftener if, in his opinion, it be 
 necessary; examines and Ucenses teachers, and re-examines them 
 and annuls their licenses whenever he thinks proper; receives and 
 apportions the school moneys ; regulates and alters school districts, 
 (in conjunction with the Supervisor and Town Clerk, when required 
 by the Trustees of any distiict interested ;) prosecutes for, and col- 
 
 Laws of 1847, chap. 480 
 ! Laws ofl847, chap. 480 Laws of 1849, chap. 382; I..TWS at 1850, chap 181. 
 
518 
 
 NEW CLERK'S ASSISTANT. 
 
 lects all fines, penalties and forfeitures; and makes an annual report 
 to the County Clerk, of the condition, <fcc., of common schools iu 
 his town. Vacancies in the office of Town Superintendent are to be 
 filled by any three Justices of the Peace, of the same town, by war- 
 rant under their hands and seals.' . 
 
 8. Town Superintendents are to be deemed qualified teachers, 
 while they remain in office. They have power, also, to administer 
 oaths in all cases relating to school aflfairs and controversies, but they 
 cannot charge any fees therefor." 
 
 9. The Town Clerk of a town is required to act as the clerk of 
 the Town Superintendent He receives all the estimates and appor- 
 tionments of school money, and records the same; and receives, 
 keeps, and files in his office, all reports made to the Town Superin- 
 tendent by the Trustees of School Districts, and, when required, all 
 the books and papers belonging to the Town Superintendent He 
 also notifies the Town Superintendent to make his annual report, 
 when informed by the County Clerk that such report has not been 
 made," 
 
 10. Trustees of school distiiots are to be chosen by the inhabi- 
 tants of the district entitled to vote, at their first meeting, and there- 
 after at any annual or special meeting legally convened, wheneyer a 
 vacancy occurs. Each district elects one Trustee annually, who 
 serves for three years, and until a successor be elected or appointed 
 Any person elected to fill a vacancy, holds the office only for the 
 unexpired term. Where the office of Trustee becomes vacant by 
 the death, refusal to serve, removal out of the district, or incapacity 
 of the officer, and the vacancj' is not supplied by a district meeting 
 within one month thereafter, the Town Superintendent of the town 
 may appoint any person residing in the district to fiill the vacancy. 
 The duties of Trustees are : To receive and apply the public money ; 
 to call annual and special meetings ; to assess and provide for the 
 collection of district taxes ; to purchase and lease sites ; to build, hire 
 and purchase school-houses, repair and furnish them, and attend to 
 the custody and safe-keeping of district property ; to sell and execute 
 conveyances of sites and houses when no longer required ; to employ 
 teachers and pay them; to make out and attend to the collection 
 of tax lists; and account annually to the district, and report to the 
 Town Superintendent Tnistees are also required to pay over all 
 balances in their hands, to their successors; and the latter are liable 
 for all lawful contracts made by their predecessors. Joint Trustees 
 are responsible- for their own acts, and not for the acts of each other, 
 unless by express agreement ; they are not answerable for mistakes 
 of law, or mere errors of judgment, without any fraud or malice ; 
 
 • Laws of 1847, chap. 480 ; 1 Denio, 141 I » Laws of IMT, chap 480. 
 ' Laws of 1849, chap. 382 I 
 
SCHOOIS. 519 
 
 but they are liable for fraud or neglect A contract made by all 
 the Trustees, and signed by two, is binding ; and where any official 
 act is performed by two, the presence of the third will be presumed, 
 until the contrary be shown.' 
 
 11. The Trustees of each school district are required, within 
 thirty, and not less than fifteen days, preceding the time for holding 
 the annual district meeting in each year, to prepare an estimate of 
 the amount of money necessary to be raised in the district for the 
 ensuing year, for the payment of the debts and expenses to be in- 
 curred by said district for fuel, furniture, school apparatus, repairs, 
 and insurance of school-house, contingent expenses, and teachers' 
 wages, exclusive of the public money, and the money required by 
 law to be raised by the counties and towns, and the income of local 
 funds, and to cause printed or wri);ten notices thereof, to be posted 
 for twp weeks previous to said meeting upon the school-house door, 
 and in three or more of the most pubUc places in said district The 
 Trustees are to present this estimate to the school meeting, and the 
 voters present, of full age, residents of the district and entitled to 
 hold land in the State , who own or lease real property in the dis- 
 trict liable to taxation for school purposes, — or who have paid any 
 district tax (not rate bill) within two years preceding, — or who own 
 any personal property, liable to be taxed for school purposes, in the 
 district, exceeding fifty dollars in value, exclusive of such as is ex- 
 empt from,execution, — and no others, may vote upon such estimate, 
 for eacli item separately. So much of the estimate as shall be ap- 
 proved by a majority of the voters present must be levied and 
 ifused by tax on the district in the same manner as other district 
 taxes. If the Trustees neglect to prepare the estimate, or to give 
 the notice requu-ed by law, the meeting may adjourn to such time 
 as will enable them to. prepare the estimate, and give the notice. If 
 tlie voters of any district at their annual meeting, refuse or neglect 
 to raise by tax a sum of money, which added to the public money, 
 and the money raised by the county and town, will support a school 
 for at least four montlis in the year, keep the sehool-house in repair, 
 and provide the necessary fuel, it will be the duty of the Trustees 
 to repair the school-house, purchase the necessary fuel, employ a 
 teacher for four months, and levy and collect the additional expense 
 from the district in the same manner as other district taxes are 
 levied and collected." 
 
 12. It is the duty of the Board of Supervisors of eveiy county, at 
 their annual meeting, to cause to be levied and collected from their 
 r'3spective counties, in the same manner as county taxes, a sum 
 equal to the amount of State school moneys apportioned to such 
 
 i 4M, 
 
 'Laws on847, chap. 480; 9 Johnson, 380 : I « Laws of 184», chao. 140 j Id., Chap, 
 
 :! M.. 114; 7 Wenilell,.I81; 9 Id., 17 
 Hill. ir«; IDenio, 214. 
 
520 NEW CLERK'S ASSISTANT. 
 
 county, and to apportion the same as the State moneys are appor. 
 tioned; also, to levy and collect from each of the towns in their re- 
 spective counties, in the same manner as other town taxes, a sxmi 
 equal to the amount of State school moneys apportioned to snch 
 towns respectively.^ 
 
 13. Every distoict tax must be assessed by the Trustees, the tax 
 list made out, and the proper warrant attached, ■ within thirty days 
 after the district meeting at which the tax was voted. Immediately 
 after the expiration of the thirty days, the tax list and warrant must 
 be delivered to. the Collector.^ 
 
 14. Where no provision, by tax or otherwise, is made for the 
 necessary fuel for the school ia a district, the Trustees may procure 
 it, and levy a tax upon the inhabitants to pay for the same. The 
 Trustees may also expend a sum, not exceeding ten dollars in any 
 one year, in the repair of the school-house, and collect the same as 
 a separate tax, or add it to any other tax to be collected.^ 
 
 15. District Clerks are reqmred to record the proceedings of the 
 district ; to enter in the district book true copies of all reports made 
 by the Trustees to the Town Superintendent; to give notice of 
 special meetings called by the Trustees, to each inhabitant in the 
 district Uable to pay taxes, at least five days before the meeting, by 
 reading the notice in the hearing of such inhabitant, or in case of his 
 absence from home, by leaving a copy thereof, or of so much thereof 
 as relates to the time and place of meeting, at the place of his abode, 
 at least six days before the time of the meeting ; to aflax a notice in 
 writing of the time and place for any adjourned district meeting, 
 when adjourned over one month, in at least four of the most public 
 places in the district, at least five days before the meeting ; to give the 
 like notice of every ann'ual meeting ; to keep and preserve all books, 
 records and papere, belonging to his office, and dehver them to his 
 successor; within ten days after each annual or special meeting foi 
 the election of officers, to forward to the Town Clerk the names of 
 the persons elected to the several offices ; and to receive and keep 
 the District School Journal, and cause the same to be bound.* 
 
 16. It is the duty of the Collector of a school district, to collect the 
 moneys required by all warrants placed in his hands, within the time 
 required therein, and to pay the same over to the Trustees, taking 
 their receipt therefor. When required by the Trustees, the Collector 
 must execute a bond with sureties, one or more, to be approved by 
 them, in double the amount of any tax list to be collected by him. 
 He has the same powers as a Collector of a town, authorized to- 
 collect town and county taxes, and may in like manner, seize any 
 property under his warrant, except the arms and, accoutrements of a 
 
 1 Laws of 1S49, chap. 140. | « Laws of 1341, chap. 267; Laws of 1847, 
 
 >■ Laws of 1849, chap. 883. chap. 480; 6 Wendell, 486; 11 Id., 604; 6 
 
 8 Laws of 1849, ch8p.882. ) Hill, 646; 1 Denio, 214; 8 Id., 526. 
 
SCHOOLS. 
 
 5Jil 
 
 person enrolled in the militia, required by act of Congress to be 
 Kept by such person. The jurisdiction of a Collector is unlimited, 
 and extends to any other district or town in the same county, or in 
 any other county where the district is a joint district, and composed 
 of territory from adjoining counties.' 
 
 17. The Librarian of a district has charge of the library thereof 
 subject to the directions and instructions of the Trustees, to whom he 
 is amenable, and by whom he may be removed for wilful disobedience 
 of their directions, or for wilful neglect of duty. If the ofiSce of 
 Librarian be vacant, the District Clerk discharges the duties." 
 
 18. The Town Superintendent may accept the resignation of a 
 school district ofiBcer, for sufficient cause. Vacancies, except in the 
 office of Trustee, are to be filled by the Trustees, or a majority of 
 them ; the persons so appdnted will hold their ofSces until the next 
 annual meeting, and until otfiers aie elected in their places." 
 
 19. The term of office of school district officers expires at the time 
 of the annual meeting, and they do not hold over till others are 
 elected to fill their places.* 
 
 20. The apportionment of a school tax must be made by all the 
 Trustees, or by two, the other being present, otherwise the warrant 
 will be void." 
 
 21. Want of notice of any annual or special district school meeting 
 will not invalidate the proceedings, except where the omission was 
 wilfiil and fraudulent. The annual meeting, however, must be held 
 at the time and place fixed at the previous annual meeting." 
 
 22. Whenever a suit is commenced against the Trustees of a 
 school district, in consequence of any official a«t by them performed, 
 in pursuance of, and by the direction of such (Sstrict, on the final 
 determination thereof or whenever, after the dnal determination of a 
 suit commenced by or against any Trustees or other officers of a 
 school district, a majority of the taxable inhabitants of any school 
 district so determine, it will be the duty of the Trustees to ascertain 
 the amount of all costs, charges and expenses paid by such officer, 
 in the following manner, and to assess and collect the same as other 
 district taxes are assessed and collected : The officer must ^erve a 
 copy of his account, verified by oath or affirmation, upon the Trustees, 
 together with a notice that on a certain day, to be therein specified, 
 he ■vnh present such account to the Board of Supervisors of the 
 county.' It is the duty of the officer on whom the notice, &c., is 
 served, to attend at the time specified. The Board of Supervisors 
 will examine the account, and may adjourn from time to time for that 
 purpose. The account of the officer, with his oath, is prima facie 
 
 1 Laws of 1847, chap. 480 : 5 Wendell, 170 ; 
 I Penio, 233; 2 Id., 86.. 
 « Lawa of 1847, chap. 480. 
 3 tams of 1847, chap. 480. 
 
 * Lave of 1849, chap. 382, 
 s 4 Denio, 125. 
 
 • Laws of 1847, chap, 480; 3 Denia. 526. 
 
522 KEW CLERK'S ASSISTANT. 
 
 evidence of its correctness. The Board may make an order directing 
 the whole, or such part of the account as they think proper, excepting 
 the same appears to have been occasioned by the wilful- neglect or 
 misconduct of the claimant, to be paid by the district Within thirty 
 days after service of a copy of the order on the Trustees, it is their 
 duty to enter the same in the book of records of the district, and issue 
 a warrant for the collection of the amount directed to be paid in the 
 same manner as upon a tax voted by the district. The amount, 
 when collected, is to be paid to the officer. This provision does not 
 extend to suits for penalties, nor to suits or proceedings to enforce 
 the decisions of the Superintendent.' 
 
 23. Where two school districts are consolidated into one, the new 
 district succeeds to all the rights of property of the old districts. 
 When a district is annulled, the Town Superintendent of the town in 
 which the school-house is located, is required to sell the property 
 of the annulled district at public auction, notices of which are to be 
 posted, at least five days previous to the sale, in three or more public 
 places in the town, one of which must be in the annulled d&trici 
 The proceeds of the sale are to be first applied to the payment of the 
 debts of the district, and the residue thereof apportioned among the 
 taxable inhabitants of such district, according to their respective 
 assessments on the last assessment roU of the town, or towns, within 
 which the district is located." 
 
 24. Appeals may be made to the State Superintendent, from any 
 decision made by a school district meeting ; from any ofiicial act, pro- 
 ceeding, or decision, of a Town Superintendent, and from a refusal 
 to discharge- any duty imposed upon him by law, or the regulations 
 of the State Superintendent ; from the decision, or act, of any oflScer 
 required to perform any duty under the Common School Law ; from 
 any act or decision of Trustees of school districts, in relation to the 
 libraries or the books therein ; and in cases of disputes between dis- 
 tricts and their oiBcers, or between different districts.' 
 
 25. The person aggrieved by the act complained of, only, can 
 appeal Appeals may be made by Trustees, in behalf of thek 
 districts; whenever they are aggrieved. An appeal must be in 
 writing, and signed by the appellant Where Trustees make an 
 appeal, it must be signed by all, or a reason must be given for the 
 omission, verified by the oath of the appellant or of some other 
 j)erson acquainted with such reason. A copy of the appeal, didy 
 verified, and of all the statements, maps and papers, intended to be 
 presented in support of it must be served on the officers whose act 
 or decision is complained of, or some one of them ; or, where a district 
 is concerned, on the District Clerk, or one of the Trustees, witliin 
 
 ' Laws of 1847, Chap. 172 ; Lows of 1849, I = Laws of 1847, chap. 480 ; 1 1 Wendell, 90 ; 
 thiip. 333. ■ and Regulations of the State Superintendent 
 
 ' Laws of 1S19, Chap. 382. | 
 
SCHOOLS. 533 
 
 thirty days after the mating the decision, or the performance of the 
 act complained of, or witmn that time after the appellant had 
 knowledge of silch act or decision, imless some satisfactory excuse 
 be rendered for the delay. 
 
 26. The party on whonl the appeal is served, must answer the 
 same within ten days afer such service, either by concurring in tae 
 appellant's statement of facts, or by a separate answer. Such state- 
 ment or answer, must be signed by all the Trustees, or other officers, 
 whose act, or decision, is complained of, or, if this be omitted, a good 
 reason, on oath, must be given therefor. Where the parties concur 
 in a statement, no oath will be required ; -but all facts, maps, or pa- 
 pers, not concurred in, or agreed upon, and evidenced by their sig- 
 natures on both sides, must be verified by oath. AU oaths required 
 in cases of appeal, may be taken before any Judge of a Court of 
 Record, Commissioner of Deeds, or Justices of the Peace. 
 
 27. A copy of the answer, and of all the statements, maps and 
 papers, intended to be presented in support of it, must be served upon 
 the appellants, or some one of them, within ten days after service of 
 a copy of the appeal, unless further time be given by the State Su- 
 perintendent ; but no replication nor rejoinder shall be allowed, except 
 by permission of that officer, and in reference exclusively to matteis 
 arising on the answer which he may deem pertinent to the issue. 
 Replications and rejoinders, when allowed, must be duly verified by 
 oath, and copies thereof served on the opposite party. Proof or ad- 
 mission of the service of copies of the appeal, answer, and all papers 
 intended to be presented in support thereof, or used on the hesiring, 
 must accompany the same. 
 
 28. 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 appeal; or, where an inhabitant might be an appellant, 
 had the decision or proceeding been the reverse ; any one or more 
 of such inhabitants may answer the appeal, with or without the 
 Trustees. 
 
 29. Where an appeal has relation to the formation or alteration 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 district'!, 
 the different lots, the particular location and distance from the school- 
 houses of the persons aggrieved, and their relative distance, if there 
 are two or more school-houses in question ; also a list of all the taxa- 
 ble inhabitants in the district or territory to be affected by the ques- 
 tion; the valuation of the property, taken from the last assessment 
 roll; and the number of children between five and sixteen belonging 
 to each person, distinguishing the districts to which they respectively 
 belong. 
 
 30. When the copy of an appeal is served, all proceedings upon, 
 or in continuation of, the act complained of, or consequent in anyway 
 
524 HEW CLERK'S ASSISTANT. 
 
 upon such act, must be suspended, until the case is decided. And 
 where the Town Superintendent, or the Trustees of a district, havo 
 money in their hands, which is the subject of displite and appeal, 
 they must retain such moneys to abide the event 
 
 31. Whenever a decision is made by the State Superintendent, and 
 communicated to the Town Superintendent, respecting the formation, 
 division, or alteration of districts, the latter must cause -the decision 
 to be recorded in the ofiSce of the Town Clerk AU other decisions 
 communicated to him, or to the Trustees of a district, are to be kept 
 among the ofScial papers of the Clerk of the town or district; and 
 the District Clerk is required to record all such as come to his hands, 
 in the district book kept by him. 
 
 FOEMS. 
 
 § 939. Town Superintendent's Bond, with Approval. 
 
 Know all men by these presents : That we, A. B., C. D., and E. 
 i", of the the town of , in the county of , are held and 
 
 firmly bound unto L. M., Esq., Supervisor of said town, in the penal 
 sum of dollars, [double the amount of school money received 
 
 from all sources dwing the preceding year,j to be paid to the said 
 L. M. or his successor in ofiSce; to the which payment, well and truly 
 to be made, we bind ourselves and our legal representatives, jointly 
 and severally, firmly by these presents. Witaess our hands and 
 seals, this day of ,18 
 
 Whereas, the above bounden A. B. has been duly elected [or, ap- 
 pointed] Town Superintendent of Common Schools for the said town 
 of : Now, therefore, the condition of this obligation is such, 
 
 that if the said A. B. shall faithfully apply, and legally disburse, all 
 the school money which may come into his hands during his term of 
 office as such Town Superintendent, and faithfully discharge all the 
 duties of said office, then this obligation to be void ; else, to remain 
 in fuU force. 
 
 Signed, sealed and delivered, ) A. B. 
 
 in presence of J C. D. 
 
 G. H. E. F. 
 
 I approve of C. D. and E. F., as sureties to the foregoing [or, 
 within] bond. Dated the day of , 18 . 
 
 L. M. Supervisor of the Town of 
 
 L. S. 
 
 'l.s.! 
 
SCHOOLS. 525 
 
 § 940. Warrant of three Justices appointing Town Sii^erintt^ident 
 
 to fill a Vacancy} 
 Town of ', ss : 
 
 Whereas, A. B., duly elected Town Superintendent of Common 
 Schools of said town, at the annual town meeting held therein, on the 
 day of , 18 , has neglected to execute the bond 
 
 required by. law.; [or, has removed from said town ; or, has deceased ; 
 or. Whereas, the bond executed by A. B., duly elected Town Super- 
 intendent, &c., has not been filed and approved in conformity to law ;] 
 by reason whereof, the said ofiBce of Town Superintendent has be- 
 come vacant: 
 
 Now, therefore, we, the undersigned, three of the Justices of the 
 Peace of said town of , in pursuance of the statute in such 
 
 case made and provided, do hereby appoint C. D. Town Superin- 
 tendent of Common Schools of said town of , to hold the said 
 office until a successor shall be duly elected or appomted. 
 
 Given imder our hands and seals, this day of 18 
 
 H. S. 
 C.H. 
 G. G. 
 
 L. S. 
 L. S. 
 
 § 941. Notice to the Town Superintendent, to give Additional 
 Security. 
 To Mr. A. B., Town Superintendent of Common Schools of the 
 Town of : 
 
 You are hereby notified, that in my opinion, the security hereto- 
 fore given by you is not sufficient for the fuU protection of the pub- 
 lic against the loss of the school money, Ukely to be intrusted to 
 you ; and you are therefore required to furnish satisfactory security 
 within five days after the receipt of this notice, otherwise your office 
 ffill become vacant 
 Dated , the day of , 18 . 
 
 Yours, &c., 
 L. M., Supervisor of the Town of 
 
 § 942. Resolution Creating a New District. 
 
 At a meeting held for the purpose of forming a new school district, 
 in the town of , at the office of the Town Clerk, [or, house 
 
 of R T.,] in said town, on the day of , 18 : Pre- 
 
 sent, A. B., Town Superintendent of Common Schools:* 
 
 Resolved, That a new school district be formed, to consist of the 
 
 ^ The Justices making the appointment, must cause the warrant to be forthwith filed in the 
 flic© of the Town Cleric, and immediately give notice to the person appointed. 
 
526 
 
 NEW CLERK'S ASSISTANT. 
 
 present districts number one and number two, [or, the present dis- 
 trict number one, and part of district number two ; or, parts of 
 districts number one and number two :] which said district shall be 
 numbered , and shall be bounded as follows : [state the 
 
 boimdaries with, as much precision as the case will admit.1 
 
 The formation of the aforesaid district, involymg an alteration of 
 districts number one and number two, [or, as the case may be,'] the 
 consent of the Trustees of the -said districts to such alteration has 
 been presented to the Town Superintendent, and filed with the 
 Town Clerk. [If such consent has not been given, make thefollow- 
 inff entry: The formation of the aforesaid district, involving an alte- 
 ration of districts number one and number two, and the consent of 
 the Trustees of district number one to such alteration not having 
 been given, it is ordered that a notice in writing, of the said altera- 
 tion, signed by the Town Superintendent; be served on one of the 
 Trustees of the said district, by the Town Superintendent] 
 
 S. G., Town Clerk of said town of , and 
 
 Clerk of the Town Superintendent 
 
 § 943. Consent of Trustees, to be Indorsed on a Copy of the Order} 
 
 We hereby consent to the alterations made in district number , 
 in the town of , by the order of which the within iS a copy. 
 
 Dated , the day of , 18 
 
 G. H., ) 
 h.M.,[ 
 E. R, ) 
 
 Trustees of District 
 No. 
 
 § 944. Notice to Trustees Not giving Consent, to be served ibith 
 a Copy of the Order, on any one of the Trustees. 
 
 The Trustees of district number , in the town of , 
 
 will take notice, that an order was made this day by the Town 
 Superintendent of common schools of the said town, of which the 
 following [or, within] is a copy, by which certain alterations in the 
 said district are made, as will appear by the said order; and that 
 
 I The consent of the Trustees should be given at a meeting of the whole, or of a majority, 
 when all have been notified to attend. Where an alteration of several districts is made at 
 the same lime,— the Trustees of some of the districts consenting thereto, and those of the 
 others, withholding their consent,— the alteration takes eHect immediately as to those districts 
 the Trustees of which signify their consent. (SDenio, 114.) 
 
SCHOOLS. 5-^7 
 
 siicli alterations -will take effect after three months from the service 
 ot this notice. Dated , the day of , 18 . 
 
 A. B., Town Superintendent of Common 
 Schools of the town of 
 
 § 945. Acknowledgment of Service of the foregoing, to be Indorsed 
 on- a Copy. 
 I, G. H., one of the Trustees of school district number , 
 
 in the town of , hereby acknowledge due service of a no- 
 
 tice and copy order, of which the within is a copy, this 
 day of , 18 . G. H. 
 
 § 946. Notice -of the First Meeting in a District, to Organise} 
 
 To R R, a taxable inhabitant of District No. , in the Town 
 
 of : 
 
 The Town Superintendent of common schools of the town of , 
 having by an order, of which the following is a copy, formed a new 
 district in the said town, to be numbered , consisting of the ter- 
 ritory particularly specified in the said order; you are hereby requi- 
 red to notify every inhabitant of the said district qualified to vote 
 at district meetings, to attend the first district meeting of the said 
 district, which is hereby appointed to be held at the house of , 
 
 in the said town, on the day of next, at six o'clock 
 
 in the afternoon, by reading this notice in the hearing of each such 
 inhabitant, or in case of his absence from home, by leaving a copy 
 of this notice, or of so much thereof as relates to the time and place 
 of such- meeting, at least six days before thi said time so appointed 
 for the said meeting. Dated, &c. 
 
 A. B., Town Supermtendent of Common 
 Schools, of the town of 
 
 1 A oop7 of the order formlDg the district^ eboald be annexed to the above. The notloe ia 
 required to be given within twenty days after the formation of the distriot. If it be neces- 
 sary to give notice to the Tmet«esof the alteration of a district, then the notice for the first 
 meeting should jpocify a day subsequent to the expiration of three months after the service 
 of the notice on the Trustees, as the district cannot organize until after that time. Ttie In- 
 liabitant serving the foregoing notice should keep a metnorandhm of the peisons served with 
 the same, specifying the time and the manner in which such service is made ; and the memo- 
 randum, certified by idm, should be delivered to the chairman, or clerk, of the district 
 meeting, and read, that it may be known whether all the voters havo been notified. Th« 
 originar notice and return should be filed with the district Clerk. 
 
528 NEW CLERK'S ASSISTANT. 
 
 I 947. Notice of the Sale of a School-Eome, Sc, ly the Tow^ 
 Steperintendent, where a District is annulled, and por- 
 tions thereof annexed to other Districts. 
 
 NOTICE. 
 
 Notice is hereby given, that I shall sell at public auction, the 
 Bchool-house and other property belonging to the former School Dis- 
 trict number , in the town of , at said school-house, [or, such 
 place as the Town Superintendent may designaie,'\ on the day 
 
 of next, [or, instant,] at o'clock in the noon ; Baj<l 
 
 school district having been anntiUed according to law, and porttoiis 
 thereof annexed to other districts. 
 
 Dated , the day of ,18 
 
 A. B., Town Superintendent of Common 
 Schools of the Town of 
 
 § 948. Apportionment of the Proceeds of the Sale of the Property 
 lelonging to an Annulled District. 
 
 Apportionment of Proceeds of Sale of Property belonoinb to 
 Annulled School District Number , in the Town of 
 
 Town of , ss : 
 
 School District Number , in said Town of , having been 
 
 annulled according to law, by my order dated on the day of 
 
 ,18 , and the property of said district having been 
 
 duly and regularly sold by me, at public auction, and the debts 
 thereof paid out of the proceeds of such sale ; I do hereby make 
 the following apportionment of the residue of such proceeds, among 
 the taxable inhabitants of said annulled district, number , accord- 
 ing to their respective q|gsessments on the last assessment roll of the 
 said town of : 
 
 Names of Inhabitants, 
 
 Amount apportioned to each. 
 
 John Doe, 
 Richard Roe, 
 
 &c., &c., 
 t 
 
 Doll's. 
 
 Cents. 
 
 25 
 
 1 
 
 01 
 90 
 
 t'otal Am'u 
 
 Dated, &c., \as in § 947.]. 
 
 § 949. Resolution for the Alteration of a District. 
 At a meeting, &c. : \as in § 942 to the *, and then add ;] 
 Resolved, That districts number one and number two, in the said 
 town of I be altered as foUows, viz : by setting off the farms 
 
3CH00Ifi. 529 
 
 and parcels of land occupied by J. B., T. J., and W. R, from district 
 munber one, in -whicli they have heretofore been included, to district 
 number two ; so that the east boundary of district number one shall 
 hereafter be the easterly line of the farms and parcels of land occu- 
 pied by C. D., G. H., and S. T., and the west boimdary of district 
 number two shall be the westerly line of the farms and parcels of 
 land occupied by the said J. B., T. J., and W. K ; the said J. B., T. 
 J., and W. R, having consented to be set off as aforesaid. 
 
 The written consent of the Trustees of the said districts number 
 one and two, having been presented to the Town Superintendent, is 
 filed with the Town Clerk; [or, the consent of the Trustees of the 
 said districts respectively; or, of said district number one; or, num- 
 ber two ;] not having been given to the said alteration, it is ordered 
 that a notice, in writing, of such alteration, signed by the Town 
 Superintendent, be served on the Clerk, or some of the Trustees of 
 each of the said districts ; [or, of said ^strict number one ; or, num- 
 ber two.] 
 
 S. T., Town Clerk, <fec. 
 
 § 950. Resolution for the FormaMon, or Alteration, of a Joimt 
 
 District, from two or more Towns} 
 At a meeting held for the purpose of forming a joint district from 
 district number , in the town of , and district 
 
 number , in the town of , [or, of altering jomt dis- 
 
 trict number , situate partly in the town of , and 
 
 partly in the town of ,J at the office, &c., on the day 
 
 of, &c. : Present, A. B. and G. H., Town Supqpntendents of Com- 
 mon Schools of the said towns : 
 
 Besolved, dc, [as in § 942, or § 949, with such alterations as the 
 eiremnstances of the case may require^ 
 
 A. B., Town Superintendent of Common 
 
 Schools of the Town of 
 G. H., Town Superintendent of Common 
 Schools of the Town of 
 
 § 951. Certificate to Teacher j by Town Swperinttmdenl, 
 Town of , ss : 
 
 I hereby certify, that I have examined C. F., and do believe that 
 he [or, she] is weU qualified, in respect to moral character, learmng 
 
 \ The reBolution should be signed in duplicate : one of them is to be recorded in each tewc 
 34 
 
530 HEW CLERK'S ASSISTAHT. 
 
 and abiCty, to instruct a common school in this town, for one year from 
 the date hereo£ 
 
 Giren under my hand, at , this day of , 18 . 
 
 A. B., Town Superintendent of Common 
 Schools of the Town of 
 
 § 952. Instrument AnnvEing Teacher's Certificate} 
 Town of' , ss: 
 
 Having inquired into certain complaints against C. F., heretofore 
 licensed as a teacher al common schools 'of said town, and being of 
 opinion that he [or, she] does not possess the requisite quaJiiications 
 as a teacher, in respect to moral character ; [or, as the case may be;\ 
 and having given at least ten days previous notice in writing to said 
 teacher, and to the Trustees of the district in which he is employed, 
 of my intention so to do; I have annulled, and hereby do annul, the 
 said certificate and license so granted as aforesaid. 
 
 Given under my hand, this day of ,18 
 
 A. B., Town Superintendent of Common 
 Schools of the Town of 
 
 § 953. Annual Beport of the Town Superintendent, to be made to 
 the Cownty Clerk. 
 
 To P. v.. Clerk of the County of : 
 
 I, A. B., Town Superintendent of common schools of the town of 
 , in said county of , in conformity to the statutes 
 
 in relation to common schools, do report: That the number of entire 
 school districts in said town, organized according to law, is ; 
 
 and that the number of parts of school districts in said town, is ; 
 that the number of joint districts, the school-houses of which are 
 situated, wholly or partly, in said town, is ; that the num- 
 
 ber of entire districts from which the necessary reports have been 
 made for the present year, within the time limited by law, is ; 
 
 and that the number of parts of districts from which such reports 
 have been made, is ; that the number of schools for colored 
 
 children taught in said town, during the year aforesaid, for four 
 months or upwards, by a duly qualified teacher, was 
 
 ■ A note in writing, containing the name of the teacher, and ^he time ofannuDing the cer 
 (ificate, or a duplicate of the instrument, must be filed in the Town Clerk's Office. 
 
SCH^OOLS. 531 
 
 And I do further certify and report, that the whole amount of 
 money received by me, or my predecessor [or, predecessors] in office, 
 for the use of common schools, during the year ending on the date 
 of this report, and since the date of the last report, for said town, 
 is $ ; of which sum the part received from the County 
 
 Treasurer, is $ : the part from the town Collector, is $ ; 
 
 and that we have collected the sum of $ for penalties; [If 
 
 nothing has been collected for penalties, omit the reference to the same; 
 and if money has been received from any other source, ■ specify it 
 here:^ that the said sum of money has been apportioned and paid 
 to the several districts from which the necessary reports were re- 
 ceived, for the purposes and in the proportions following, viz : the sum 
 of $ for the payment of teachers' wages, and the simi of $ 
 
 for the purchase of district libraries ; that the sum of $ was 
 
 apportioned by me to district number , for colored 
 
 children in said district, between the ages of five and sixteen years, 
 who have attended a school taught in district number , 
 
 in said town, by a duly qualified teacher, for four months during 
 the preceding year; and $ to district number , for 
 
 colored children so attending in said district ; and that I have 
 deducted the said several amounts from the sums by me apportioned 
 to the said districts number and , respectively. And I 
 
 further certify, that during the year before mentioned, I have not 
 coUeoted any fines, penalties or forfeitures ; [or, that during the year 
 before mentioned, I have collected a penalty of |25, imposed on C. 
 D., a Trustee of District nxmiber , in said town, for signing a 
 
 false report; and that my costs and charges in such collection 
 amounted to $ ; and that the balance of such penalty was 
 
 by me added to the school money received by me and apportioned 
 ^ above mentioned ;] that the school books most in use in the com- 
 mon schools of said town are the following, viz : [Specify the sam* 
 as reported by the Trustees :'\ And I further certify the tables fol- 
 lowing, to be true abstracts from the reports of the Trustees of the 
 several districts, and parts of districts, as aforesaid,' 
 
 ' The children of Indian 'parents, between 5 and 16 years of age, are not to be eniaaie- 
 rated, unless attending school for at least three monthSj during the previous year ; and it ia 
 the duty of the Town Superintendent, where a school la kept for the instruction of Indian 
 children in the elementary branches, under charge of a competent teacher, for four months 
 in the year, to apportion and pay oyer to the teacher, or teachers, on the written consent 
 of the peace makers for the Indians residing on the reservation where the children attend- 
 ing the school reside, such part of the public money as shall be in proportion to the num 
 ber of children instructed lor an average period oi^ three months. Satisfactory evidence 
 must be furnished to the Town Superintendent, of the time, and the number of chi^droi 
 taugiit, and the facta stated succinctly in hia report. (Laws of 1846, chap. 46 ) 
 
532 
 
 NEW CLERK'S ASSISTANT. 
 
 PARTS OF DISTRICTS. 
 
 DISTRIC!TS. 
 
 DISTRICTS AND FARTS. 
 
 00' 
 
 No. 5. 
 No. 0. 
 No. 7. 
 No. S. 
 
 No. 1. 
 No. 2. 
 No. 3. 
 No. 4. 
 
 Districts and parts of Districts 
 
 from which Reports have 
 
 been made. 
 
 SI o. = a>o. -.iSooJ^IMo. 
 
 Whole length of time any 
 
 school has been kept 
 
 tlierein. 
 
 - 
 
 ,Ck In MO 
 
 • Days. 
 
 rf^ rfkto^Oi ^C0rfi.&3| JIo_ 
 
 Length of time such school 
 
 has been kept by licensed 
 
 teachers. 
 
 !S 
 
 S to 5 1 Days. 
 
 g «.i5SS SSSS Dolls. 
 
 For Teacheia' 
 wages. 
 
 
 gl SSSg goSSICts. 
 
 SI a-^^o. „::^j.| Dolls. 
 
 For Libraries. 
 
 SI SSSSS SESSI cts. 
 
 1 No. of children taught. || 
 
 
 No. of do. over 5 and under 
 36, in each district. 
 
 1 Dolls. 
 
 Am't paid for teachers' wa- 
 ges, besides public moneys. 
 
 1 Cta. 
 
 
 No. of children between 9 
 
 ' and 16, taught in colored 
 
 schools. 
 
 
 Dolls. 
 
 Am't of public money rec'd 
 
 from children attending 
 
 colored schools. 
 
 
 Cts. 
 
 
 Dolls. 
 
 Am't paid for teachers' wa- 
 ges, in colored schools, be- 
 sides public money. 
 
 1 Cts. 
 
 
 No. of times visited by Town 
 Superintendent. 
 
 No. of pupils who have at- 1 
 tended less than 2 mo. 
 
 Two mo., and less than 4. 
 
 Four mo., and less than 6. 
 
 ; Six mo., and less than 8. 
 
 
 1 Eighfmo., and less than 10. 
 
 
 1 Ten mo., and less than 12. 
 
 Twelve months. 
 
 No. of select and private 
 schools not incorporated. 
 
 No. of pupils attending. 
 
 
 No. of volumes in district 
 library. | 
 
 Dated at , this 1st day of July, A, D. 18 . 
 
 A. B., Town Sup't of Common Schools 
 of the Town of 
 
 ' Ths annual report of the Town Superintendent is to bo made between the first day of 
 July and the iirst day of August in each year, and is to be dated on the first day of July. 
 If \s necessary for the Town Superintendent to include, also, in his report, the amount, i' 
 
SCHOOLS. 
 
 533 
 
 § 954. List of Votes Taken, hy Ayes and Noes, to he kept by the 
 District Qlerle} 
 
 Names of 
 Voters. 
 
 On change of 
 
 Site of School 
 
 House, 
 
 On motion to 
 
 build School 
 
 House. 
 
 On resolution 
 to raise tax 
 
 of« . 
 
 On resolution 
 
 to raisD tax for 
 
 Apparatus. 
 
 AYES. 1 NOES. 
 
 AYES. 1 NOES. 
 
 AYES. 1 NOES. 
 
 AYES. 1 NOES. 
 
 C. D. 
 E. F. 
 G. H. 
 R, T. 
 O. P. 
 
 1 
 
 1 
 1 
 
 1 
 1 
 
 1 . 
 
 1 
 
 1 
 
 1 
 
 1 
 
 
 
 
 
 3 
 
 2 
 
 1 
 
 4 
 
 16 
 
 U 
 
 23 
 
 IB 
 
 § 955. Form of Minutes of Proceedings of District Meetings, to ht 
 kept hy the Clerk. 
 
 At a meeting of the legal voters of school district number , 
 
 in the town of , held pursuant to adjournment, at , 
 
 on the day of , 18 , [or, if it he an a/nnual meet- 
 
 ing, say: At an annual meeting of, &c., held pursuant to appoint- 
 ment and public notice, at, &c. ; if a special meeting, say: At a 
 special meeting of, &c., called by the Trustees of said district, and 
 held pursuant to special notice, at, &c.,] G. H. was chosen chairman, 
 and C. D. was present as District Clerk; [or, if the Clerk is absent, 
 say: E. F. was appointed Clerk pro tem., the District Clerk being 
 absent]* 
 
 Resolved, Unanimously, [or, by a majority of two-thirds of the 
 voters present; or, by a majority of the votes of those present; or, 
 as the case may Se,] that, &c. [Sere state with precision the pro- 
 ceedings of the meeting^ 
 
 § 956. Becord of Proceedings where the subject of a Change of Site 
 has been wnder Discussion. 
 
 At a meeting of the taxable inhabitants of District No. , in the 
 town of , held at the school-house, in pursuance of notice 
 
 to all the legal voters therein, on the day of , 18 , 
 
 A. B. was chosen, &a, [as in § 955, to the *, and then add ;] The 
 written consent of the Town Superintendent of common schools of 
 
 any, of money paid for teachers' wages, in addition to the public money paid therefor ; the 
 amount of taxes levied for purchasing school-house sites ; for buildmgj-hiring, purchasing 
 repairing and Insuring school-houses ; for fuel and supplying deficiencies in lax lists ; for 
 district libraries ; or for any other purpose allowed by law ; together with such other in- 
 formation as the State Superintendent may require. (Laws of 18l7, chap. <ISU.) 
 
 I When the site is to be changeiFin a district not altered, the law requires the vote to bo 
 taken by ayes and noes. When votes are taken in this manner the names of thosa rtiUnf 
 should be written in full. 
 
534 NEW CLERK'S ASSISTANT 
 
 the town having been read, stating, that, in his opinion, the removal 
 of the site of the school-house in said district is necessary ; and it 
 having been moved and seconded, that the present site of the school- 
 house in the said district be changed, and that [here state the locality 
 of the contemplated site"] be designated as the site of a school-house 
 for the said district, and the qijestion being taken by ayes and noes, 
 it was carried, \or, it was los^] two-thirds of all the taxable inhabi- 
 tants of said district being present at such meeting voting for such 
 removal, and in favor of such new site ; [or, not voting in favor there- 
 of.] Those who voted in the affirmative, were C. D., E. F., &c., 
 &c. ; those who voted in the negative, were 0. P., S. T., &c., &c. 
 Ayes, ; Noes, } 
 
 C. D., District Clerk. 
 
 § 957. Declaration, to he made hy a Challenged Person. 
 
 I do declare and affirm, that I am an actual resident of this school 
 district, and that I am qualified to vote at this meeting. 
 
 § 958. Resolution Authorizing the Sale of Former Site of School 
 House, <&c. 
 
 Resolved, By a majority of the votes of those present, that the 
 Trustees of this school district be directed to sell the former site of 
 the school-house in said district, with the buildings thereon, and the 
 appurtenances, at such price, and upon such terms, as they shall 
 deem most advantageous to the district 
 
 § 959. Resolution for Raising a Tax for the Erection of a School 
 
 Bouse. 
 
 The certificate of the Town Superintendent of common schools 
 of the town of , having been obtained, stating that, in his 
 
 opinion, a larger sum than four hundred dollars ought to be raised 
 for building a school-house in the said district, namely: the sum 
 of dollars; therefore. 
 
 Resolved, That the said sum of dollars be raised by tax upon 
 the said district, [insert, to be paid in four equal annual installments 
 of dollars each, if necessary,] for the purpose of building a 
 
 school-house therein- • 
 
 J In stating the ayes and noes, the Christian names of the Totera should be given. 
 
SCHOOLS. 
 
 535 
 
 § 960. Resolution for the Purchase of a Site, to be separate from the 
 foregoing resolution. 
 Resolved, That the sum of dollars be raised by tax upon the 
 
 said district, for the purchase of the site for a new school-house, 
 heretofore designated by the legal voters thereof 
 
 § 961. Order of Trustees for Teacher's Wages. 
 To A. B., Esq., Town Superintendent of Common Schools of the 
 Town of 
 Pay to C. R, a teacher duly employed by us, and qualified ac- 
 cording to law, dollars, that being the amount which he is en- 
 titled to receive out of the moneys in your hands applicable to the 
 payment of teachers' wages, and apportioned to our district Dated 
 , this day of , 18 . 
 
 G. H., ) Trustees 
 L. M., [-of District 
 E. F., ) No. 
 
 § 962. Order for lAhrary 'Money. 
 To A. B., Esq., Town Superintendent, &c. : 
 
 Pay to , the sum of dollars, that being the amount 
 
 of the library money in your hands due to school district number 
 , in said town. Dated, &c., \as in § 961.] 
 
 § 963. Account of the Trustees, and Inventory of District Property, 
 to be Entered and Signed in their Book, at or before each 
 Annual Meeting. 
 Or. H., L. M., and E. R, Trustees of School District No. , in the 
 
 Town of , in account with said District 
 
 Dr. Cr. 
 
 DATES. 
 
 To amount collect- 
 ed on tax list. 
 To do. do. 
 
 i 
 
 68 
 28 
 
 87 
 
 cts. 
 
 69 
 92 
 
 61 
 
 BATES. 
 
 By paid for appa 
 ratua, as per vou- 
 ' Cher No. 1. 
 
 By do. do. teachers' 
 wages do. do. No. 
 
 By do. do. for fuel, 
 do. do. No. 3, 
 
 By do. do. for re- 
 pairing Bchool- 
 houae, do. do. 
 No. 4, 
 
 By ball, on hand. 
 
 i 
 
 15 
 
 37 
 9 
 
 13 
 12, 
 
 37 
 
 cts. 
 
 00 
 
 02 
 EC 
 
 83 
 
 86 
 
 
 
 Gl 
 
 18 . 
 
 June 30. 
 Sept. 15. 
 
 L .. . 
 
 18 . 
 July 1, 
 
 Sept. 10, 
 
 Dec. IS, 
 Jan. 13, 
 
 May 2, 
 
536 HEW CLERK'S ASSISTANT. 
 
 STATEMENT OP MOVABLE PEOPBRTT, BKI.ONGIN& TO DISTRICT 
 NUMBER , viz: 
 
 One stove and pipe ; one pail; two chairs; one broom; one map 
 of the United States,' &c., <fec. [Specify all the different articles, in- 
 cluding the boohs belonging to the districti\ 
 
 We, the subscribers, Trustees of District number , in the 
 
 town of , do hereby certify, that the preceding, from 
 
 page to page , inclusive, contains a true and accurate 
 
 account of all the moneys received by us, for the use of said district, 
 and of the expenditure thereof ; and a correct statement and inven- 
 tory of all the movable property belonging to said district. 
 
 Dated, &c., [as in § 961.] 
 
 § 964. Annual Estimate of Trustees. 
 
 ANNUAL ESTIMATE. 
 
 The Trustees of School District Number , in the Town of 
 
 , in the County of , estimate the amount of money 
 
 necessary to be raised in said district for the ensuing year, excluave 
 of the public money, and the money required by law to be raised by 
 the county and town, [insert, and the income of local funds, if there 
 he svdifvnds^ as follows: 
 
 For providing fuel, - - - $10 00 
 
 « " furniture, - - ' - 3 00 
 
 " " school apparatus, - - 5 00 
 
 " paying for repairs of school-house, - 7 50 
 
 " " insurance of school-house, - 3 30 
 
 " " contiagent expenses, - 5 00 
 
 " " teachers' wages, - - 66 00 
 
 Total, $69 80 
 Dated, &c., [as in § 961.] 
 
 § 965. Notice to he Posted on the School House DoorJ\ 
 
 SCHOOL DISTRICT NOTICE. 
 
 Notice is hereby given, that the trustees of school district num- 
 ber , in the town of , have prepared their estimate of 
 
 1 The law does not, in tenng, require a copy of the estimate to accompany the notice, tut 
 It would tie well to annex one thereto. 
 
SCHOOLS. 
 
 537 
 
 the amount of money necessary to be raised m said district for the 
 ensuing year, for the payment of the debts and expenses to be in- 
 curred by said district for fuel, furniture, school apparatus, repairs 
 and insurance of school-house, contingent expenses and teachers' 
 wages, exclusive of the public money, and the money to be raised 
 by the county and town ; [insert, and the income of local funds, if 
 necessartf-] and that the said estimate will be presented to the an- 
 nual meeting, to be* held at the school-house, in said district, on the 
 day of instant^ [or, next] 
 
 Dated, &c., [as in § 961.] 
 
 § 966. District Tax List, and Warrant for its Collection. 
 
 List of taxes apportioned by the Trustees of district number , 
 in the town of , on the taxable inhabitants of the said dis- 
 
 trict, and corporations holding property therein, and upon real estate 
 lying within the boimdaries of such district, the owners of which are 
 non-residents thereof, for the purpose of raising the sum of , laid 
 and charged on the said district, according to law : 
 
 NAMES OF INHABITANTS AND COKPORATIONS. 
 
 AM'T of TAXES. 
 
 Dolls. 1 Cts. 
 
 H. G., 
 
 C. D., Executor of the estate of E. D., deceased. 
 
 The Bank of , 
 
 The manufacturing company. 
 
 10 
 37 
 89 
 32 
 
 10 
 90 
 10 
 04 
 
 Statement and description of unoccupied and unimproved lands of 
 non-residents of said district, upon which a tax has been imposed as 
 above stated : 
 
 Number & Description 
 
 Quantity of 
 
 Valuation 
 
 Amount of 
 
 of Lots and Parts of 
 
 land therein liable to 
 
 of such 
 
 - quan- 
 
 tax. 
 
 Lots. 
 
 taxation. 
 
 my. 
 
 
 Lot No. 69, 
 
 694 acres. 
 
 Dolls. 
 
 Cts. 
 
 Dolls. 
 
 CIS.' 
 
 4000 
 
 00 
 
 
 00 
 
 Southwest quarter of 
 
 
 
 
 
 
 lot No. 23, 
 
 2J " 
 
 6 
 
 00 
 
 
 
 60 
 
 Tract not subdivided, 
 
 6 
 
 60 
 
 00 
 
 3 
 
 12J 
 
 [Or, Tract, the subdi- 
 
 
 
 
 
 vision of which cannot 
 
 
 
 
 
 
 bo ascertained, bound* 
 
 
 
 
 
 
 ed, &c.,] 
 
 (( u 
 
 11 
 
 It 
 
 " 
 
 (( 
 
 To the Collector of School District No. , in the town of , 
 
 in the Coxmty of : 
 
 You are hereby commanded to collect 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 men 
 
•')38 NEW CLEEK'S ASSISTANT. 
 
 ■doned 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, 
 together with the per centage allowed by law for your fees ; and in 
 case any person, upon whom such tax is imposed, shall neglect or re- 
 fuse 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 
 Hxe same manner as on warrants issued by the board of Supervisors 
 to the Collectors of towns; and you are to make a return of this 
 warrant within thirty days after the delivery thereof to you ; and 
 within that time to pay over all moneys collected, by virtue hereof, 
 to the Trustees of the said district, some or one of them ; and if any 
 tax on the real estate of a non-resident mentioned in the said list, 
 shall be unpaid at the time when you are required to return this war- 
 rant, you are to deliver to the Trustees of the said district an account 
 thereof, according to law. Given under our hands, this day 
 
 of , 18 . 
 
 , ■ p >■ Trustees, &c. 
 
 &C., (EC, j 
 
 § 967. District Collector's Bond.^ 
 
 Know aU men by these presents : That we, 0. P. and R R, are 
 held and firmly bound to G. H., L. M., and E. F., Trustees of school 
 district number , in the town of , in the sum of 
 
 [insert double the amount to be collected^ dollars to be paid to the 
 said G. H., L. M., and E. R, Trustees as afca-esaid, or to the survi- 
 vor, or survivors, of them, or their successors : to the which payment, 
 well and truly to be made, we bind ourselves, our heirs, executors 
 and administrators, firmly by these presents. 
 
 Sealed with our seals, and dated this day of , A. 
 
 D. 18 . 
 
 Whereas, the above bounden 0. P. has been chosen [or, appointed] 
 Collector of the above mentioned school district number ", in 
 
 the town of , in conformity to the statutes relating to com- 
 
 mon schools : Now, therefore, the condition of this obligation is such, 
 that if he, the said 0. P., shall well and truly collect and pay over, 
 the moneys assessed upon the taxable inhabitants of said district, 
 member in a tax list dated the day of , and 
 
 this day received by the said Collector, which assessment amounts to 
 a total sum of dollars and cents ; and shall, in all 
 
 respects, duly and faithfully execute the said warrant, and all the 
 duties of his office as Collector of such district, then this obligation 
 shall be void ; otherwise, to be in fuU force and virtue. 
 
 Signed, sealed, and delivered, ) 0. P. [l. s.] 
 
 in presence of J K R [l. s.J 
 
 A^^^ 
 
 ' The Collector's bond must be executed within the time allowed by the TrusLees, which 
 eannot be less than ten days, 
 
SCHOOLS. 539 
 
 § 968. Notice that Collector will receive Taxes.' 
 
 SCHOOL DISTRICT NOTICE. 
 
 Notice is hereby given, that the undersigned has received a tax 
 list from the Trustees of School District Number , in the 
 
 Town of , to collect the sum of dollars and 
 
 cents, in said district; and that all persons who pay in their taxes to 
 me within two weeks from this date, will be charged one per cent as 
 my fees for collection, and five per pent will be required to be paid 
 on all sums collected after that time. Dated , this 
 
 day of , 18 . 
 
 0. P., Collector of School District No. 
 
 § 969. Renewal of Warrant} 
 
 We hereby renew the within warrant, with the approbation of the 
 Town Superintendent of Common Schools, this day of , 
 
 18 . 
 
 G. H., ) Trustees of 
 &c., &c., j School District No. 
 
 8 970. Return of Collector to the Tax List and Warrant. 
 
 I, the subscriber, Collector of school district number , in 
 
 the town of , do hereby certify and make return to the within 
 
 tax list and warrant, that I have collected, by virtue thereof, the sum 
 of , as therein required, and that the sum of , assessed 
 
 on the real estate of , a non-resident mentioned in the said 
 
 list, remains unpaid. 
 
 Dated , the day of , 18 . 
 
 0. P., Collector. 
 
 § 971. Notice of Levy and Sale by Collector. 
 
 SCHOOL DIBTBIGI COLLECTOR'S SALE. 
 
 By virtue of a tax list and warrant, issued by the Trustees of 
 school district number , in tbe of , to me 
 
 directeH and delivered, I have levied upon and taken tbe fol- 
 
 1 Warrants may be renewed as often aa may be necessary^ with the approbation of the 
 Town Superintendent, but not otherwise. Applications for his approbation must state tlie 
 facts and circumstances, and the reason why tne warrant has not been collected, and muBt 
 be verified ijy oath. 
 
 a The notice must be*given at least six days previous to the sale, and copies mus^ be 
 posted u)j in three public places in the town m which the sale is to oe made 
 
5'tO NEW CLERK'S ASSISTAI?T.' 
 
 lowing goods and chattels of E. T., [or, in the possession of R T.,] 
 viz: [specify the articles:] which I^shall sell at public auction, eCt the 
 house of L. M., in said town, on the day of next, 
 
 [or, instant,] at ten o'clock in the forenoon of that day. Dated at 
 , the day of , 18 . 
 
 0. P., Collector of School District No. 
 
 § 972. Affidavit of Verification of the Accoimt of a District Officer, 
 Claiming to have Costs, dc, Jieimbursed. 
 County, Bs: 
 A. B., of said county, being duly sworn, says, that he was Collec- 
 tor of school district number , in the town of , 
 in said county, for and during the year immediately preceding the 
 day of ,18 , and tbat on the day of , 
 18 , a suit was commenced against him in the Supreme Court of 
 the State of New York, in favor of C. D., plaintiff therein, claiming 
 to recover damages against this deponent for acts performed by vir- 
 tue of or under color of his office ; that such suit was decided in favor 
 of the said C. D., [or, in favor of the deponent ;] that the foregoing 
 is a just and true account of costs, charges and'expenses, incurred 
 by this deponent, in and about the defence of the said suit, [insert 
 here, if the suit was decided in favor of the officer, and not collected, 
 or collectible of the plaintiff therein,] and that the same have been 
 fuUy paid and discharged by this deponent 
 
 Sworn to, [or, affirmed,] this day of ) A. B. 
 
 of ,18 , before me, ) 
 
 G. H., Justice of the Peace. 
 
 § 973. M>tice to Accompany the Copy of the Accoimt served on the 
 
 Trustees. 
 To G. H., L. M., and E. ¥., Trustees of District No. , m the 
 
 Town of : 
 
 You are hereby notified, that an account, and the verification 
 thereof, of which the above [or, within] is a copy, will be presented 
 to the Board of Supervisors of the county of , at the house 
 
 of R F., in the town of , on the day of next, at 
 
 t«n o'clock in the forenoon of that day; and that application will 
 then and there be made, for an order to be entered requiring the 
 amount of the said account to be paid by said school district num- 
 ber ; or for such other order in the premises as the said 
 board may see fit to grant. 
 
 Dated ' , May 1, 1847. A, B. 
 
SCHOOLS. 541 
 
 § 974. Orokr of the Board of Sufpervkors, with Qlerh's Certificate. 
 
 At a meeting of the Board of Supervisors of the county of , 
 held at the house of K F., m the town of , in said county, on 
 
 the day of , 18 , a majority of the said Board being 
 
 present, it was ordered : 
 
 That the sum of dollars, being the amount [or, part of the 
 
 amount] of an account for costs, charges and expenses, incurred and 
 paid by A. B., late CoEector of school district number , in the 
 
 town of , in a suit commenced against him in the Supreme 
 
 Court of the State of New York, in favor of C. D., plaintiff therein, 
 for acts performed by the said A. B., by virtue of or under color of 
 his office, and in which judgment was rendered against the said A. 
 B., [or, as the case may Je,] be assessed upon and collected of the 
 taxable inhabitants and property of said school district number , 
 in the same maimer as other taxes of said district are by law assessed 
 and collected, and paid to the said A. B. 
 
 I certify the foregoing to be a correct copy from the minutes. 
 
 M. P., Clerk of the Board. 
 
 § 975. Notice to he Served on the Trustees with a Copy of the 
 Order. 
 To G. H., L. M., and E. F., Trustees of School District No. , 
 
 in the Town of : 
 
 You win please take notice, that the foregoing is a true copy of an 
 order duly made and entered by the Board of Supervisors of the 
 county of , on the day of , 18 . 
 
 Dated, &c., \as in § 973.] 
 
 § 976. District Beport, to he made hy the Trustees Annually, and 
 transmitted to the Town Superintendent, hetween the first 
 and fifteenth day of January in each year?- 
 
 To the Town Superintendent of Common Schools of the Town pf : 
 We, the Trustees of school district number , in said town, 
 
 in conformity with the statutes relating to common schools, do certify 
 and report, that the whole time any school has been kept in our dis- 
 trict during the year ending on the date hereof, and since the date of 
 the last report for the said district, is [insert the whole time, though 
 
 1 See note to § 953, in regard to not enumerating Indian Children. 
 
542 NEW CLERK'S ASSISTANT. 
 
 for apart of it the school may have been kept by a teacher not quali- 
 fied;'\ and during said year, and since the date of said last report, 
 such school has been kept by a teacher, [or, teachers,] after obtaining 
 a certificate \or, certificates] of qualification according to law, [insert, 
 the time with precision;'] that the amount of money apportioned to 
 our district by the Town Superintendent of Common Schools during 
 the said year and since the date of the said last report, except library 
 money, is [insert the whole amovmt, except as aforesaid, though re- 
 ceived by predecessors in office, in whole, or in part f] and that the 
 said sum has been applied to the payment of fee compensation of 
 teachers employed in the said district, and licensed as the statute pre- 
 scribes ; [jf the amount has not been expended, the reason should 
 be particularly specified f\ that the amount of library money received 
 in our district from the Town Superintendent of Common Schools 
 during said year, and since the date of the said last report, is [insert 
 the whole amount, though received by predecessors, in whole, or in 
 part;] and that the said sum was, on or before the first day of Octo- 
 ber last, applied to the purchase of a library for the district [or, a 
 map of the State of New York, a terrestial globe, a black-board, &c., 
 [giving particulars,'] in pursuance of a vote of the district at a special 
 meeting called and held according to law ;] that the number of vol- 
 umes belonging to the district library, and on hand on the last day of 
 December last, isprasert the number;] that the number of children 
 taught in said district during said year, and since the last report, is 
 [insert the same, from the teacher's list, or other authentic sources ;] 
 that of the said children, ten attended less than two months ; eight, 
 two months and less than four ; four, four months, and less than six ; 
 seven, six months and less than eight ; nine, eight months and less 
 than ten ; two, ten months and less than twelve ; fourteen, twelve 
 months ; and that the number of children residing in our district on 
 the last day of December last, who are over five and under sixteen 
 years of age, is [insert the number in the district, between the ajes 
 specified, on the last day of December:] and that the names of the 
 parents, and other persons, with whom such children respectively re- 
 side, and the number residing with each, ai-e as follows, viz : 
 
 Parents, dec. No. of Children 
 
 Thomas Jones, - ..., ... .5 
 
 Richard Hoe, --- . .4 
 
 [If a school for colored children has been taught in tlie district 
 insert the following : That the number of colored children between 
 the ages of five and sixteen years attending a school taught in our 
 district during the year aforesaid, by a licensed teacher, for at least 
 four months, was twenty-four, of whom ten reside in said district ; 
 five attending from district number five ; four from district number 
 seven; two from district number six ; and three from district number 
 
SCHOOLS. 543 
 
 nineteen ; that the whole amount of public money received from the 
 Town Superintendent of Common Schools of our town during the 
 year aforesaid, for the use of said colored school, was $ ; and 
 
 that the said sum has been applied to the compensation of the teacher 
 thereof ; and that the amount paid to such teacher, over and above 
 the public money so received, was $ .]* 
 
 And we further report, that our school has been visited by the 
 Town Superintendent times, duiing the year preceding 
 
 this report ; and that the sum paid for teacher's wages, over and 
 abov-* the public moneys apportioned to said district, during the 
 samp year, amounts to $ : l^g'ive the sum total of all the 
 
 monr^, exclusive of public money raised dwring the year and applied 
 to the payment of teachers' wages ;] that the school books in use in 
 said district, during said year, are the following, viz : [give the titles 
 of all the text books used during the year;'] that there have been 
 private or select schools, not incorporated, taught in said 
 district during the year aforesaid, and that the average number of 
 pupUs in attendance therein, was ' [State the number as near 
 
 as can be ascertained.] Dated at , the first day of January, [this 
 is the day on which the report must be dated,] A. D. 18 . 
 
 ' i'' }■ Trustees. &c 
 
 (EC, &c., j 
 
 § 977. District Report, where the District is Formed out of two or 
 more Adjoining Towns} 
 
 To the Town Superintendent of Common Schools of the Town of ; 
 
 We, the Trustees of scliool district number , formed partly 
 
 out of said town, and partly out of the adjoining town of , do, 
 
 in conformity with the statutes relating to common schools, certify 
 and report: 
 
 That the school house in said district is situated in the town of ; 
 [or,on the line of the towns of and ;] that the 
 
 whole time any school, &c., [as in the preceding form to the*, sub- 
 substituting Town Superintendents for Town Superintendent, and 
 Town Superintendents of Common Schools of said towns of 
 and ,for Town Superintendent of Common Schools of our 
 
 Town ; and inserting the name of the town in which the districts men- 
 tioned are situate, in that part of the form relating to the school for 
 colored children; and then continue as follows :] 
 
 And we do further specify and report, that of the said sum of 
 money so as above stated to have been apportioned to our district, to 
 
 1 The report should be si^ed in duplicate, and onje copy aent to the Town Superintendeat 
 ftf each town out of which the district 13 formed. 
 
^'^■^ NEW CLEKK'S ASSISTANT. 
 
 be applied to the payment of teachers' wages, the sum of $ 
 \insert the precise amount,^ was for and on account of that part of 
 said district lying in said town of , and the sum of $ 
 
 for and on account of the other part thereof, lying and being in said 
 town of • ; that of the said sum of money, so as above stated 
 
 to have been received in our said district for the purchase of a district 
 library, the sum of $ , [insert the precise ammmti\ was re- 
 
 ceived for and on account of that part of said district lying in said 
 town of , and the sum of $ for and on account of 
 
 the othfer part thereof, lying and being in the said town of ; 
 
 that of the said children as above stated to have been taught in our 
 said district, the number belonging to that part of said district Ijfing 
 in said town of , is , ; and that the number belonging 
 
 to the other part thereof lying in said town of , is ; 
 
 that of the said children between the said ages of five and sixteen 
 years, so as above stated to reside in our district, the number resid- 
 ing in that part of. said district lying in said town of , 
 is ; and that the number residing in the other part thereof 
 lying in said town of , is 
 
 And we do further report, that our school has been inspected by 
 the Town Superintendents of the towns of and , 
 
 once, [or, as the case may 6e,] ; and by the Town Superintendent of 
 the town of , separately ; that the sum paid 
 
 for teachers' wages in said district, over and above the public money 
 apportioned to said district, during the same year, amounts to $ , 
 [insert amov/nt of money raised, a« in § 976,] of which dol- 
 
 lars and cents were paid by that part of the district lying 
 
 in the town of , and dollars and cents by 
 
 that part lying La the town of ; .that the school books in 
 
 use in said district, &c., \as in § 976, to the endi\ 
 
 Dated at , this first day of January, A. D. 18 
 
 § 978. Notice for Annual Meeting} 
 
 SCHOOL DISTRICT NOTICE. 
 
 !N'otice is hereby given, that the annual meeting for the election 
 of officers in district number , in the town of , and 
 
 ' Notices of annual and specia;! meetings must Ise given at least five days before the day 
 on which such meetings are appointed to be held ; if the meeting is to be on Saturday, the 
 notice must be given, on or before the previous Monday. In the case of annual meetings, or 
 special meetmgs which have been adjourned for a longer time than one month, the notice 
 must be posted up in at, least four public places in the district ; but notices of special meetings 
 must be pevsmally served on each inhabitant liable to pay taxes. 
 
SCHOOLS. 545 
 
 for the transaction of such other business as the meeting may deem 
 necessary, wUl be held at the school-house, in said dibtrict, on 
 day, the day of instant, [or, next,] at six o'clock, P. M. 
 
 Dated, , July 13, 1847. 
 
 C. D., District Clerk 
 
 § 979. Notice for Adjoiirried District Meeting. 
 
 SCHOOL DISTRICT NOTICE. 
 
 Notice is hereby given, that a meeting of the freeholders and 
 inhabitants of school district number , in the town of , 
 
 authorized by law to vote therein, wiU be held at the school-house in 
 said district, on the day of next, [or, instant,] at 
 
 o'clock in the noon, pursuant to adjournment Dated, &c., 
 
 [as in § 978.] 
 
 § 980. Notice for Special District Meeting. 
 
 To the Clerk of District No. : 
 
 The Trustees of District number , at a meeting held for the 
 
 purpose, have resolved that a special meeting be called at the school- 
 house, on day, the day of , 18 , at 
 o'clock in the noon of that day, for the purpose of choosing a 
 Collector in place of E. F. removed, [or, as the case may Se,] and 
 for the transaction of such other business as the meeting may deem 
 necessary. 
 
 You will, therefore, notify each inhabitant of the district entitled 
 to vote therein, by reading this notice in his hearing, or, if he is absent 
 from home, by leaving a copy of it, or so much as relates to the time 
 and place of meeting, at the place of his abode, at least five days 
 before such meeting. Dated, &c., [as in § 961.] 
 
 § 981. District Clerk's Notice of Officers Elected, to he Forwarded 
 to the Town Cleric within Ten Days after the Election. 
 
 To S. T., Town Clerk of the Town of : 
 
 At an annual [or, special] meeting of school district number , 
 in said town, held at the school-house in said district, on the 
 day of , 18 , the following persons were elected to the 
 
 respective offices hereinafter named, to wit : G. H., Trustee, to serve 
 for three years ; and E. R, Trustee, -to fiU the vacancy occaaoned 
 by the resignation [or, as the case may Je] of R.'T.; and C. D., 
 
546 
 
 NEW CLERK'S ASSISTANT. 
 
 District Clerk ; 0. P., Collector ; and R F., Librarian, for the ensuing 
 year. Dated, &c., [as in § 978.] 
 
 § 982. jAbrarian's Receipt, to be Written at the Foot of each 
 Catalogue of Books. 
 I, 0. 0., do hereby acknowledge, that the books specified in the 
 preceding catalogue, have been delivered to me by the Trustees of 
 school district number , in the tovra of , to be safely kept 
 
 by me, as Librarian of the said district, for the use of the inhabitant's 
 thereof, according to the regulations prescribed by the Superintendent 
 of Common Schools, and to be accounted for by me, according to the 
 said regulations, to the Trustees of the said district, and to be deliv- 
 ered to my successor in office. 
 
 Dated , the day of , 18 . 
 
 C. 0., Librariaa 
 
 § 983. Trustees' Certificate, to he Annexed to a Correct Copy of the 
 Catalogue and lAbrarian's Receipt. ^ 
 
 We, the subscribers. Trustees of school district number , 
 
 in the town of , do certify, that the preceding is a ftdl and 
 
 complete copy of the catalogue of books in the library of the said 
 district, now in possession of C. 0., the Librarian thereof, and of his 
 receipt thereon. 
 
 Given under our hands, this day of ,18 
 
 s ' J, ' i Trustees, (fee. 
 
 fflC, &c., I 
 
 § 984. Entry required to he Made hy the Librarian, in each Booh 
 belonging to the District. 
 
 No. 182. This book belongs to the library of school district 
 number , in the town of 
 
 985. Form of Keeping Librarian's Booh. 
 
 ( Time of 
 Delivery. 
 
 Title and No. of 
 Book. 
 
 To whom. 
 
 Wlwn 
 
 Returned. 
 
 Condition. 
 
 1845. 
 June 10. 
 
 History of France, 
 44. 
 
 "Jno. Stiles. 
 
 20th June. 
 
 Good. 
 
 • The catalogue bearing the Librarian's receipt, is to be deliyered to the Trustees, and th» 
 copy with the certificate of the Trustees, is to be given to the Liurarian. 
 
SCHOOLS. 
 
 547 
 
 § 986. WeeUy Roll to be Teept by Teacher.* 
 Attendance of Pupils in District School of District Na 
 
 Names o( 
 Pupils. 
 
 1st week. 
 
 2d week. 
 
 3d week. 
 
 4th week. 
 
 Stli week. 
 
 J. Smith. 
 
 6 days. 
 
 4 days. 
 
 5 days. 
 
 6 days. 
 
 6i days. 
 
 § 9S7. Teacher's Quarterly lAst, with Verification. 
 A list of the scholars who attended the district school of district 
 number , m the town of , during the quarter or term 
 
 commencing the day of , 18 , and the number of 
 
 days they respectively attended the same : 
 
 Time of entrance. 
 
 Name of Scholar. 
 
 No, of days' attendance. 
 
 Nov. 1, 1844. 
 Dec. 1, " 
 Dec. 4, " 
 
 John Thompson, 
 Peter Barker, 
 James Thomas, 
 
 Seventy-eight, (78) days, 
 Forty-three, (43) '' 
 Forty, (40) " 
 
 County, ss: 
 C. F., being duly sworn, [or, aflBrmed,] deposes, that the foregoing 
 is a true and accurate list of the names of the scholars who attended 
 the district school of district number , in the town of , 
 
 during the quarter commencing the day of , 18 , 
 
 and the number of days they respectively attended. 
 
 Sworn [or, affirmed] to, before me, ) C, F,, Teacher, 
 
 this day of , 18 , j 
 
 G-, H., Justice of the Peace," 
 
 § 988. Teacher's Abstract, to be Made at (he Und of each Quarter, 
 for the Use of the Trustees. 
 Abstract of the attendances of scholars at the district school of 
 district number , in the town of , during the quarter 
 
 commencing the day of ,18 : 
 
 Of scholars who attended less than two months, there were 
 " " two months, and less than four, 
 
 " " four months, and less than six, 
 
 " " six months, and less than eight, 
 
 « " eight months, and less than ten, 
 
 " " ten months, and less than twelve, 
 
 " " twelve months. 
 
 Dated , the day of , 18 . 
 
 C. F„ Teacher, 
 
 ' The roll is to be continued as many weeks as *.here are in the quarter, and at the closa 
 thereof the attendance of each pupil summed up, and entered in the book provided by the 
 Trustees, as in § 987. This roll is necessary to be kept under what is commonly called tUo 
 " free school law," in order to enable the Trustees to make their annual report. 
 
 ^ The affidavt may be taken before a Justice of the Peace, Commissioner of Deeds, Judge 
 of a Court of Record, or County Clerk. 
 
548 
 
 NEW CLERK'S ASSISTANT. 
 
 § 989. Teacher's Account of Inspections, to be entered in the Booh 
 Provided hy the Trustees, with the Verification. 
 
 Account of Inspections of the School in District No. : 
 
 November 1, 1841. The school was mspected by A. B., Town 
 Superintendent of Common Schools. 
 
 December 1, 1841. The school was inspected. 
 County, ss: 
 
 C. F. being duly sworn, \or, aflSirmed,] deposes, that the foregoing 
 is a true account of the days on which the school in District 
 No. , in the town of , was visited and inspected by the 
 
 Town Superintendents respectively, during the quarter commencing 
 on the day of , 18 . ' 
 
 Sworn [or, affirmed] and subscribed, ) C. F., Teacher, 
 
 this day of > 18 , before me, f 
 
 G. H., Justice of the Peace. 
 
 § 990. Appointment of a District officer io fill a Vacancy, by the 
 
 Trustees. 
 Town of , ss: 
 
 Whereas, O. P. duly elected [or, appomted] to the office of Dis- 
 trict Clerk [or, District Collector; or. Librarian] of School District 
 No. , , in said town, at the annual [or, a special] district meet- 
 ing held in said district, on the day of , 18 , has 
 removed from said district, [or, has deceased ; or, has failed to exe- 
 cute the bond required by law; or, as the case may 6e,] by reason 
 whereof the said office has become vacant : 
 
 Now, therefore, in pursuance of the authority vested in us by the 
 statutes relating to common schools, we do hereby appoint M. R, a 
 resident of said district, to fill the vacancy occasioned by the death 
 [or, removal : or, as the case may 5e] of the said 0. P. 
 
 Given under our hands, this day of , 18 . 
 
 G. H., ) Trustees of 
 &c., (fee, j District No. 
 
 § 991. Appointment of a Trustee to fill a Vacancy. 
 
 Town of , ss : 
 
 Whereas, G. H., duly elected [or, appointed] to the office of 
 Trustee of School District No. , in said town, at the annual [or, 
 
 a special] district meeting held in said district, on the day 
 
 of ,18 , has removed from said district, [or, has deceased ; 
 
 or, as the case may J«,] by reason whereof the said office has become 
 vacant: 
 
 New, therefore, in pursuance of the authority vested in me by ths 
 
SCHOOLS. 549 
 
 statutes relating to common schools, I do hereby appomt R. F. to fill 
 the vacancy occasioned by the removal [or, death ; or, as the case 
 may bej of the said G. H., until the next annual meeting in said 
 district 
 
 Given under my hand, this day of , 18 . 
 
 A. B., Town Superintendent of Common 
 Schools of the Town of 
 
 I 992. Form of an Appeal to the State Superintendent, with 
 Affidavit Annexed. 
 
 To the Hon. C. M., Superintendent of Common Schools of the State 
 of New York : 
 
 The undersigned, E. F., a taxable inhabitant and legal voter in 
 [or, G. H., L. M., and E. F., the Trustees of ; or, as the case may lei 
 school district number , ui the town of , in the county 
 
 of , respectfully appeals [or, appeal] to you from the 
 
 proceedings [or, a decision] of a district meeting [state whether 
 special or annual\ held in and for said district, on the day 
 
 of , 18 , [or, from a decision made by the Trustees of said 
 
 school district, on, &c. ; or, as the case may Je,] as follows, to wit : 
 [State the proceedings, decision, or act, complained of, giving dates, 
 names, and details; and, if necessary, add the following: And the 
 undersigned states [or, state] the following facte and circumstances 
 in support of the said appeal, to wit : [State the reason for asking a 
 reversal of the proceedings, or decision, complained o/] 
 
 [If the appeal has relation to the formation, or alteration of a 
 school district, add the following: And the undersigned also states 
 [or, state] that the schedule hereunto annexed, marked " Schedule 
 A," is a correct map, exhibiting the site of the school-house, the 
 roads, the old and new lines of districts, the different lote, and the 
 particular location and distance from the school-house of the persons 
 aggrieved ; [or, if there are two or more school-houses in question, say: 
 and the particular location and distance fiom the school-houses of 
 the persons aggrieved, and their relative distance therefrom; that 
 the schedule hereunto annexed, marked " Schedule B," is a conect 
 list of ail the taxable inhabitante in the district Or territory to be 
 affected by the proceeding [or, decision] appealed from, and the val- 
 uation of the property taken from the last assessment roll, [or, rolls, 
 if the district, or districts, lie in different towns ;1 and that " Schedule 
 . C," hereunto annexed, is a correct list of the number of children 
 between five and sixteen years of age belonging to each person, with 
 the districts to which they respectively belong.] 
 
 The undersigned, therefore, respectfully as^ [or, ask] for a reversal 
 
^^^ NEW CLERK'S ASSISTANT. 
 
 of the proceedings [or, decision] appealed from, as aforesaid ; [or, 
 that the proceedings appealed from, as aforesaid, be annulled.] 
 Dated at , the day of , A. D. 18 . 
 
 G. H., ) 
 E. R, [or, L. M., }■ Trustees, &al 
 E. R, ) 
 County, ss : 
 E. R, of said county, being duly sworn, [or, affirmed,] says that 
 he has read [or, heard read] the foregoing appeal by him signed, 
 and that the facts and circumstances therein stated and set forth, are 
 true, to the best of his knowledge, mformation and belief* 
 
 Sworn [or, affirmed] to, this day j E. R ■ 
 
 of , 18 , before me, j 
 
 S. T., Justice of the Peace. 
 
 § 993. Affidavit of Verificatton, hy Trmtees, or two or more Ap- 
 pellants} 
 
 County, ss : 
 Or. H., L. M., and E. R, being duly sworn, depose and say, and 
 each for himself deposeth and saith, that he has, &c., [as in the affi- 
 davit to § 992, to the end.J G. H. 
 
 L.M. 
 E. R 
 
 § 994. Affidavit of Verification, where a Trustee, or AppellwrU, 
 has not signed the Appeal. 
 
 County, ss: 
 
 G-. H., of said county, being duly sworn, says, &c., [as in the af- 
 fidavit to § 992, to the *, and then add .•] and that the said appeal is 
 not signed by L. M., one of the Trustees of the said school district 
 number , therein mentioned, for the reason that the said L. 
 
 M. is confined to his bed by sickness, and has been so confined for 
 the space of days last past, [or as the case may 6e.] 
 
 Sworn, &c., [as in § 992.] 
 
 § 995. Statement, where Parties Concwr as to the Facts. 
 
 To the Hon. C. M., Superintendent of Common Schools of the State 
 of New York : 
 We do hereby signify our concurrence in the following statement 
 of facts, in relation to which a diflference, or dispute, has arisen be- 
 
 ' Although all the Trustees, or appellants, should sign the appealijthe affidavit may b« 
 mads by one, where all the facts stated are within his knowledge. 
 
SCHOOLS. 551 
 
 tween tte undersigned, E. F., of the one part, and the imdersigned, 
 Gr. H., L. M., &c.. Trustees, (fee, [or, as the case may be,"] of the 
 other part, to wit : that, <fcc., [here state tkefacts.'] 
 
 The point [or, points] in relation to which the aforesaid difference, 
 or dispute, has arisen, is [state the points in controversy,'] and the 
 same is [or, are] hereby respectfully submitted to your decision. 
 Dated at , the day of ,18 
 
 E. F., ) ' 
 
 G. H., • >• Trustees, &c. 
 
 (fee, (fee, ) 
 
 § 996. Notice to he served with Copy of the Appeal, <&c} 
 
 To C. D., District Clerk of School District No. , in the Town 
 
 of : 
 
 You will take notice, that the within is a copy of an appeal made 
 by the undersigned, to the Hon. C. M., Superintendent of Common 
 Schools of the State of New York, and of the statements, maps and 
 papers, intended to be presented in support of it 
 Dated, at , the day of ,18 
 
 E.F. 
 
 § 997. Affidavit of Service of Appeal. 
 
 County, ss: 
 
 E. F., of said county, being duly sworn, says, that on the 
 day of ,18 , he personally served a copy of the annexed 
 
 appeal, and of the statements, maps and papers, accompanying the 
 same, upon A. B., Town Superintendent, (fee, [or, C. D., District 
 Clerk ; or, G. EL, one of the Trustees, (fee.,] by delivering the same 
 to him, [or, by leaving the same at his dwelling-house, with a person 
 arrived at years of discretion having charge thereof ; the said A. B. 
 being absent from his place of residence.] 
 
 Sworn, (fee, [as in § 992.] E. F. 
 
 § 998. Admission of Service. 
 
 I hereby admit due service of a copy of the within appeal, state- 
 ments, maps and papers, this day of ,18 
 
 A. B., Town Superintendent 
 
 , 1 The above notice should be directed to the District Clerk, or to the Trustees, where the 
 appeal is made from the proceedings or decision of a district meeting ; in other cases, it 
 should be directed to the officers, or officer, whose act is appealed from. 
 
552 NEW CLERK'S ASSISTANT. 
 
 § 999. Form of Answer to Appeal. 
 
 To the Hon. C. M., Superintendent of Common Schools of the State 
 
 of New York: 
 
 The answer of A. B., Town Superintendent of the town of , 
 
 ^ [or, of G. H., L. M., and E. R, Trustees of school district number 
 
 , in the town of ; or, as the case may 6«,] in said county, 
 
 to the appeal of E. F., of the said town, [or, as the case may 5e,] 
 
 respectfully showeth : 
 
 That, &c., {State the facts and circumstances relied on to support 
 the proceedings or decision appealed from, aud if there are any state- 
 ments, maps, or papers, to be annexed, refer to them as Schedide A, 
 Schedule B, &c., a* m § 992.] 
 
 The undersigned, therefore, respectfully asks, \or, ask,] that the 
 said proceedings \or, decision] appealed from, as aforesaid, may be 
 sustained. 
 
 Dated at , the day oif ,18 .' 
 
 A. B., Town Superintendent of Common 
 Schools of the Town of 
 
 ' The forms of affidRylts, notice and admission^ heretofore given to acoompany an appeal, 
 maybe used for an answer, hy merely fiubatitutiDg, "answer" for "appeal^" wherever it 
 occurs. 
 
CHAPTER XXXIX. 
 
 SERVICE AND RETURN OF PROCESS 
 IN JUSTICES' COURTS. 
 
 PRACTICAL REMARKS. 
 
 1. A. long summons must be served at least six days, and a short 
 sunimons at least two days, before the time of appearance mentioned 
 therein, by reading the same to the defendant, and, if required, by 
 delivering him a copy. If the defendant cannot be found, the service 
 must be made by leaving a copy of the summons at the defendant's 
 last place of abode, in the presence of some one of the family, of suit- 
 able age and discretion, vfho must be informed of its contents. In 
 computing the days, one day must be excluded, and the other in- 
 cluded; so that a long summons returnable on the eighth day of the 
 month, must be served as early as the second.' 
 
 2. The Constable serving a summons must return thereupon, in 
 writing, the time and manner of service, and sign his name thereto. 
 The return is conclusive upon the defendant, so far as the proceedings 
 in that suit are concerned.' 
 
 3. A warrant is to be served by arresting the defendant and bring- 
 ing him before the Justice who issued it; o|j, if he be absent, or una- 
 ble to hear and try the cause, before the next Justice of the city or 
 town.' 
 
 4. No civil process can be served on Sunday, nor can it be served, 
 in any city or town of this State, on an elector entitled to vote therein, 
 on the day of any general or special election, or town meeting.* 
 
 6. A long attachment is to be executed at least six days, and a 
 ihort attachment at least two days, before the time of appearance 
 
 i2R. S. (3dea.,)32r, §16; 15 Johnson, 196 j I * 1 R. S. (3ded.,) 390,6 18 ; Id., 849,565; 
 10 Wendell, 428. Laws of 1842, chap. 130, tille 1, 5S4, B ; 3 John- 
 
 ii 2 R, S. f3d ed.,) 327, § 17; 14 Johnson, 481; I son, 257 ; 12 Id., 178 ; 15 Id., 177; i Oowon, 75 
 2 Cowen, 218 ; 3 Wendell, 202 ; 17 Id., 61 . | 8 Id., 27 : 13 Wendell, 69. 
 
 • S R. S. (3d ed.,) 328, 5 22 ; 9 Oowen, 71, 
 
554 HEW CLERK'S ASSISTANT. 
 
 mentioned therein. The officer taking property on an attachment i& 
 liable for its safe keeping, and is bound to provide some suitable pl^ce 
 for the purpose. He is also required to serve a copy of the attach- 
 ment and inventory on the defendant personally, if he can be found, 
 and if not, to leave the same at his place of residence. Where the 
 defendant has no residence in the county, the copy and inventory are 
 to be left with the person in whose possession the goods are found. 
 Where a bond is given to the officer, the goods taken cannot be re- 
 moved.' 
 
 6. On receiving an execution, it is the duty of the Constable to 
 levy upon any property of the defendant liable to be taken, within a 
 reasonable time. In order to constitute a levy, the property must be 
 taken into the actual or constructive possession of the Constable.* 
 
 7. The following property, when owned by a householder, is.exempt 
 from levy and sale on execution, viz : All spinning wheels, weaving 
 looms and stoves, put up or kept up for use by the family ; the famUy 
 Bible, family pictures and school books, used by or ia the family of 
 such person ; all books, not exceeding fifty dollars in value, kept and 
 used ,as part of the famil y library ; a seat or pew occupied by such 
 person or his family, in any house or place of public worship ; all 
 sheep, to the number of ten, with their fleeces, and the yam or cloth 
 manufactured from the same ; one cow, and two swine, and the ne- 
 cessary food for them ; all necessary pork, beef, fish, flour, and vege- 
 tables, actually provided for family use, and necessary fuel for the 
 use of the family for sixty days ; all necessary wearing apparel, beds, 
 bedsteads and bedding, for such person and his family ; the arms and 
 accoutrements required by law to be kept by such person ; necessaiy 
 cooking utensUs; one table; six chairs; six knives and forks; six 
 plates; six tea-cups and saucers; one sugar dish; one mUkpot; one 
 cream pot; six spoons; one crane and its appendages; one pair of 
 andirons ; one shovel and tongs ; and the tools and implements of a 
 mechanic, necessary to the carrying on of his trade, not exceeding 
 twenty-five dollars in value. In addition to the above, necess<iry 
 household furniture and working tools and team owned by any per- 
 son being a householder, or having a family for which he provides, 
 to the value of not exceeding one hundred and fifty dollars, are ex- 
 empt from levy and sale on execution. The defendant cannot, how- 
 ever, avail himself of this last exemption, against an execution issued 
 upon any demand for the purchase money of such furniture, or tools, 
 or team, or any of the other articles above enumerated" 
 
 8. The exemption act of 1842 does not operate retrospectively, so 
 
 ' 2R. S. (3d ed.,) 329, §32; Laws of 1831, 
 chap. 300 ; 6 Johnson, 9 : 20 Wendell, 238. 
 ' 2 R. S. (3d ed.,) 347, § 148 ; 2 Cowen, 421 
 
 SWendeU,446:I0Id.,349;llId.,548:14Id., Id., 671 ; 19 Id., 476: 2 
 ■23 i 19 Id., 495 ; 23 Id., 466, 492 ; 2 Hill, 666. ) 3 Hill. 469 ; 6 Id.. 334. 
 
 a 2 R. S. (3d ed.,) 464, § 23 ; Li-ws of 1842, 
 chap. 157; 14 Johnson, 434; 18 Id., 400; 1 
 Cowen, 114 ; 3 Wendell, 274 ; 11 Id., 44 ; 16 
 Id., 671 ; 19 Id., 476 ; 21 Id., 68 ; 25 Id., 370 ; 
 
SERVICE AND EETURIT OF PROCESS. 
 
 555 
 
 as to aflFect pre-existing contracts. The question as to the necessity 
 of the articles thereby exempted, is one of fact for the jury to de- 
 termine, and not one of law.' 
 
 9. The lot and buildings thereon, occupied as a residence and 
 owned by a debtor, being a householder and having a family, wiU be 
 exempt from sale on execution, for debts contracted subsequent to 
 the 1st of January, 1851, to the value of one thousand dollars, pro- 
 vided a description of the premises be recorded as required by 
 law. (See Chapter xxiv.)" 
 
 10. The interest of a mortgagor of personal property before for- 
 feiture, where he has not a right of possession for a definite period, 
 is but a right of redemption, which is not the subject of levy and 
 sale on execution.' 
 
 11 -A Constable is protected in the execution of process, provided 
 it appear regular on its face.* 
 
 12. The party justifying the taking of property under legal pro- 
 cess, must show he was an officer, and had lawful authority to take 
 property.' 
 
 13. A levy upon the property of the defendant is a satisfaction of 
 the judgment, except the same be abandoned upon^his request, or 
 where he has not paid the debt, or been deprived of his property.' 
 
 14. Where different articles are taken on an execution, subject to 
 a chattel mortgage, they ought all to be sold together.' 
 
 15. Property pledged may be taken on execution and sold ; but 
 after the sale, it must be returned to the pledgee tiU the purchaser 
 at the sale redeems.' 
 
 16. Where the defendant sues for property taken on an execution 
 against him, and recovers, the original judgment is not satisfied.' 
 
 F E M S. 
 
 § 1000. jRefwn to Summons Personally Served. 
 
 Personally served, July 10, 1847, [add, if necessary : and copy- left 
 with defendant, at his request] Fees, twelve and a half cents. 
 
 H. C, Constable. 
 
 ' 6 Hill, 442: 1 Denio, 128, 462 j 3 Id., 694 ; 
 I Comatock, 129. 
 3 Laws of 1850. chap. 260. 
 3 1 Oomstock, S96. 
 « B Wendell, irO; 6 Hill, 311. 
 • 2 Comstock, 1 15. 
 
 « 12 Johnson, 207 ; 4 Cowen. 417 ; 7 Id., 13 j 
 23 Wendell, 400 ; 2HiU, 329 ; 2 Comstock, 451. 
 
 '4 Denio, 171. 
 
 8 2R. S. (3d ed.,) 464, 6 21 : 8 Wendell, 
 339; 23 Id., 653; 24 Id., 117; 6 Hill, 48t; 
 1 Comstock, 129. 
 
 « 4 Dsnio, 165. 
 
556 MEW OMRK'S ASSISTANT. 
 
 § IQQl. Betwn to Simmons Served by Copy. 
 
 Seived by copy, defendant not being found, July 10, ] 847. Fees, 
 twenty-fiye cents. H. C, Constable. 
 
 § 1002. Betwn where one or more of severed Defendants are not 
 
 Found. 
 PetsonaHy served on A. B., one of the defendants -within named, 
 July 10, 1847; and 0. D. and E. F., two of the defendants within 
 named, were not found, and I have been unable to ascertain their 
 last place of abode in the county. Fees,,thirty-one cents. 
 
 H. C, Constable. 
 
 § 1003. Return where no Person of Sidtable Age is Fovmd at the 
 last Place of. Abode of the Defendant. 
 
 The within named defendant was not found, nor any person of 
 suitable age or discretion to be informed of the contents of the.within 
 sununons, at his last place of abode. 
 
 July 10, 1847. H. C, Constable. 
 
 § 1004. Itieturn to Warrant. 
 
 The defendant arrested, and before the court in custody; plaintiff 
 notified, \or, not notified.] 
 
 July 10, 1847. H. C, Constable. 
 
 § 1005. Return to Warrant, where one or more of the Defendants 
 are not Found 
 
 The within named defendant, A. B., arrested, and before the court, 
 in custody ; C. D. and E. F., the other defendants within named, not 
 found ; plaintiff notified, [or, not notified.] 
 
 July 10, 1847. H. C, Constable. 
 
 § 1006. Petwn to an Attachment. 
 
 By virtue of the within attachment, I attached and took mto my 
 custody the goods and chattels of the defendant, mentioned in an 
 inventory, of which the annexed is a copy, on the 10th day of July, 
 1847 ; and immediately, on the same day, I made an inventory of the 
 property seized, and served a copy of said attachment and inventorv, 
 
SEKTtOE AND RETURN OF PROCESS. 557 
 
 duly certified by me, on the defendant personally ; [or, I made an 
 inventory of the property seized, and because the defendant could not 
 be found in the county of , I left a copy of said attachment 
 
 and inventory, duly certified by me, at the last place of residence 
 of the said defendant ;_ or, with E. R, in whose possession I found 
 the said goods and chattels, the said defendant having no place of 
 residence in the said county of .] 
 
 July 10, 1847. H. C, Constable. 
 
 § 1007. Return to an Attachment where Bond is Given. 
 
 By virtue, &c. ; [as in § 1006, to the end, and then add : ] but the 
 said goods and chattels were delivered up to C. D., the defendant, 
 \or, to E. F.,] upon receiving the bond herewith returned. 
 
 July 10, 1847. H. C, Constable. 
 
 § 1008. Copy of the Inventory. 
 
 Copy of an inventory of property this day seized by me, by vir- 
 tue of the within [or, annexed] attachment^ viz: [enumerate the 
 articles.^ 
 
 July 10, 1847. H. C, Constable. 
 
 § 1009. Bond to Prevent the Removal of Goods Attached} 
 
 Know all men by these presents: That we, C. D. and E. R, of 
 , in the county of , are held and firmly boimd unto 
 
 H. C, in the sum of dollars, to be paid to the said H. C, 
 
 or to his certain attorney, executors, adminisb-ators, or assigns ; to 
 which payment, well and truly to be made, we bind ourselves, our 
 and each of our heirs, executors and administrators, jointly and seve- 
 rally, firmly by these presents. 
 
 Sealed with our seals, and dated the day of , 18 .* 
 
 The condition of this obligation is such, that if certain goods and 
 chattels, to wit : [name the articles,'^ which have been seized by the 
 above named H. C, a Constable of the town of , in the 
 
 county of , by virtue of an attachment issued by G. H., 
 
 Esq., a Justice of the Peace of said county, in favor of A. B., agains* 
 the above bounden C. D., shall be produced to satisfy any execution 
 that may be issued upon any judgment which shall be obtained by 
 
 1 The penalty of the bond should be double the vtm sworn to b^ the plbiatiffon his appli- 
 fifttion for the attachment. 
 
558 NEW CLERK'S ASSISTANl. 
 
 the plaintiff upon the said attachment, within six months after the 
 date hereof, then this obhgation to be void; else of force. 
 
 Sealed and delivered, ) i? -n r t 
 
 m presence of I ^ * L" =• J 
 
 R. F. 
 I approve of E. F. as surety in the foregoing bond. 
 
 Dated the day of , 18 . H. C, Constable, 
 
 § 1010. Bond by Claimant of Property Attached. 
 
 Know all men by these presents : That we, L. M., E. R, and 8. 
 T., of, &c., are held and firmly boimd unto A. B., &c., [as in § 1009, 
 to the *, and then add:'\ Whereas, certain goods, to wit : \name the 
 articles,"] were, on this day of , 18 , seized by H. 
 
 C, Constable, by virtue of an attachment issued by G. H., Esquire, 
 a Justice of the Peace of the county of , in favor of the 
 
 above named A. B., against C. D. ; and whereas, the above bounden 
 L. M. claims the said goods as his property: Now, therefore, the con- 
 dition 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 L. M. 
 shall establish that he was the owner of the said goods at the time of 
 the said seizure ; and in case of his failure so to do, if the said L. M., 
 shall pay the value of the said goods and chattels, with interest, then 
 this obligation to be void ; else of force. 
 
 Sealed, &c., [as in § 1009.] L. M. [l. b.' 
 
 E. F. [l. s." 
 S. T. [l. s.; 
 Tapprove of the sureties in the foregoing bond. 
 ' Dated the day of , 18 . 
 
 H. C, Constable, [or, G. H., Justice.] 
 
 § 1011. Indorsement of Levy on an Uxecuiion. 
 
 July 10, 1847. The within execution levied on two cows, the 
 property of the defendant H. C, Constable. 
 
 § 1012. Indorsement on Execution, where Inventory is Attached. 
 
 July 10, 1845. The within execution levied on the goods and 
 chattels of the defendant mentioned in the annexed inventory. 
 
 H. C, Constable. 
 
 1 The penalty of this bond should be double the value of the property attached. The bond 
 Is to be executed to the plaintiff, instead of the Constable, and may be approYed by the latter, 
 or by the Justice. 
 
SERVICE AND EETUEN OF PROCESS. 559 
 
 § 1013. Inventory to be Attached to Execution. 
 
 An inventory of goods and chattels this day levied upon, and taken 
 into my custody, by viiiue of the annexed execution, viz : 
 
 Two cows. One lumber wagon, 
 
 Fifty bushels of oats. One bedstead, 
 
 <&c., <&c. 
 Dated the day of , 18 . 
 
 H. C, Constable. 
 
 § 1014. Bond to Indemnify Constable} 
 
 Know all men by these presents : That we, A. B. and E. R, &c., 
 [as in § 1009, to the *, and then add ;] Whereas, the said H. C, as 
 a Constable of the county of , by virtue of a certain execu- 
 
 tion issued by G. H., Esq., one of the Justices of the Peace of said 
 county, against C. D., in favor of the said A. B., for dollars 
 
 damages, and dollars costs, has seized [or, is about to seize] 
 
 one lumber wagon, and one set of double harness, now or lately in 
 possession of the said C. D., with intent to sell the same, in order 
 to satisfy the said execution : Now, therefore, the condition of this 
 obligation is such, that if the above bounden A. B. shall, at all times, 
 and forever hereafter, keep the said H. C. harmless and indemnified, 
 of, from and against, all damages, costs, charges, trouble and expense, 
 of what nature soever, which he may be put to, sustain, or suffer, 
 Dy reason of such levy and sale, or either, then this obligation to be 
 void ; else of force. 
 
 Sealed, &c., [as in § 1009.] A. B. 
 
 E. F. 
 
 B. [l. s.] 
 F. [l. s.] 
 
 § 1015. Beceipt of Goods Taken on Uxecution. 
 
 Justices' Court, 
 A.B. 
 
 CD. 
 Execution issued fcy G-. H., Esq., one of the Justices of the Pea«e 
 
 of th« county of , for $26 02 
 
 Constable's fees for collecting, 2 25 
 
 Amount, $28 27 
 
 By virtue of the above described execution, H. C, one of the 
 Constables of said county of , has levied upon the following 
 
 ' This bond will bo valid, where there is any doubt as to the title of property, but not 
 where the constable is aware that he is a trespasser. 
 
560 NEW CLERK'S ASSISTANT. 
 
 goods and chattels, the property of the said C. D., viz : [enumerate 
 the articles taken.'\ 
 
 July 10, 184'7. Eeceived of H. C, Constable, as aforesaid, the 
 goods and chattels above mentioned, which I promise to dehver to 
 him, at any time when he shall demand the same, at the dwelling- 
 house of the above defendaint, C. D., in the town of , in the 
 said county; or, in default thereof, I do hereby agree with the said 
 H. C, to pay him the amount of the judgment above described, to- 
 gether with the fees for the collection thereof, as above specified. 
 
 E. F. 
 
 § 1016. Constable's Advertisement of Sale} 
 
 By virtue of an execution, [or, of several executions,] I have seized 
 and taken one lumber wagon and one set of double harness, the 
 property of C. D., which I shall expose to sale at public vendue, to 
 the highest bidder, on the day of instant, [or, next,] at 
 
 6'clock in the noon, at the house of K. P., in the town 
 
 of . H. C, Constable. 
 
 § 1017. Return to an Execviion Satisfied. 
 
 The amount of the within execution levied of the goods and chat- 
 tels of the defendant therein named. 
 
 July 10, 1847. H. C, Constable. 
 
 § 1018. Retv/rn to Execution, Satisfied in Part. 
 
 The within execution satisfied in part, to wit : for the sum of 
 dollars ; and no goods or chattels of the defendant found whereof the 
 residue could 'be made. 
 
 July 10, 1847. H. C, Constable. 
 
 § 1019. Return where Defendant is Committed. 
 
 No goods or chattels of the within named C. D. found, and his 
 Dody taken and conveyed to the common jail of the coimty. 
 July 10, 1847. H. C, Constable. 
 
 § 1020. Return of no Property found. 
 
 No goods or chattels of the within named C. D. could be found. 
 July 10, 1847. H. C, Constable. 
 
 ' The notice must be posted up in three public places m the town where the sale is to t» 
 held, five days previous thereto. 
 
BERVICE AND EETUEN OF PROCESS. 561 
 
 § 1021. Beiwrn where no Property/, nor the Body of the JDefendant, 
 is Fonmd, 
 No goods or chattels, nor the body of the within named C. D, 
 could be found. 
 July 10, 1847. H. C. Constable. 
 
 § 1022. Betum of Part Saiisfied, and no Body Found. 
 
 The -within execution satisfied in part, to wit : for the sum of 
 dollars, and no more goods or chattels, nor the body of the within 
 named C. D., could be found. 
 
 July 10, 1847. H. C, Constable. 
 
 § 1023. ^etorra where Goods remain Unsold, 
 
 LcTied on a lumber wagon, the property of the within named C. 
 D., which remains m my possession, imsold, for want of bidders. 
 July 10, 1847. H. C, Constable; 
 
CHAPTER XL. 
 STRAYS. 
 
 PRACTICAL REMARKS. 
 
 1. Whenever any person, at any time, has any strayed horse upon his 
 inclosed land,^-or, between the first day of November in any year, 
 and the first day of April thereafter, has any strayed neat catfle or 
 sheep upon his inclosed lands,— r-he may, within ten days after the 
 coming of any such stray thereon, deliver to the Clerk of the town 
 within which such lands shall be, a note in writing, containing the 
 name and place of abode of such person, and the age, color and 
 marks, natural and artificial, of each stray, as near as may be. If this 
 notice is not delivered, no compensation can be recovered for keeping 
 any strays. 
 
 2. It is the duty of the Town Clerk to enter every such note in a 
 book, which is to be kept open for inspection free of charge. The 
 fees of the Clerk for the entry are to be paid by the person pre- 
 senting the note. 
 
 3. The person delivering the note will be entitied to receive there- 
 for nine cents each, for all neat cattle and horses, and three cents for 
 each sheep described therein; and he may detain such strays, until 
 such fees, and the fees of the Clerk, and all reasonable charges of 
 keeping, be paid. The charges of keeping strays are to be ascer- 
 tained by the fence-viewers of the town, as mentioned in the former 
 part of this work. (See Chapter xrs.) 
 
 4. If no owner appear to claim any stray, on or before the first 
 day of May next, after the making of the entry as above prescribed, 
 or if the owner refuse, or neglect, to pay the fees and charges, the 
 person who delivered the note and kept the stray, may proceed to sell 
 the same by public auction to the lughest bidder ; notice of which 
 sale must be posted up in three public places in the town where the 
 strays shall have been kept, at least twenty days previous thereto. 
 Out of the moneys arising from the sale, the person making the same 
 may relain the fees and charges above mentioned, and the like charges 
 
STRAYa 563 
 
 for the sale as are allowed to Constables on sales under executions 
 issued out of Justices' Courts. The residue of the money must be 
 paid to the owner of the strays, if he demands the same ; if not de- 
 manded within one year of the sale, he will be precluded from recov- 
 ering such residue, and the same is to be paid to the Supervisor, for 
 the use of the town, within thirty days after the expiration of the 
 year.' 
 
 FORMS. 
 
 § 1024. Notice to he Delivered to Town Clerk by Person Keeping 
 
 Strays. 
 To C. D., Town Clerk of the town of : 
 
 You will take notice, that on or about the day of , 
 
 18 , one chestnut horse, of the age of seven years, or thereabouts, 
 and marked with a star in his forehead, strayed upon my mclosed 
 land in the town of , and now remains thereupon ; and that 
 
 I reside in the said town of 
 
 Dated the day of , 18 . A. B. 
 
 § 1025. Notice of Sale where Stray is not Redeemed. 
 
 PUBLIC NOTICE. 
 
 By virtue of the statute in such case made and provided, I shall 
 expose to sale at public auction, to the highest bidder, on the 
 day of instant, [or, next,] at o'clock in the 
 
 noon, at the house of R F., in , one chestnut horse of the 
 
 age of seven years, or thereabouts, and marked with a star in his fore- 
 head, the same being a stray found upon my inclosed land in the 
 town of , and remaining unredeemed according to law. 
 
 Dated the day of , 18 . A. B. 
 
 § 1026. Receipt of Supervisor. 
 
 Received of A- B., dollars and cents, being the pro- 
 
 ceeds of the sale of a stray chestnut horse, after deducting therefrom 
 the expenses of keeping and the sale thereof, — said horse having been 
 advertised and sold at public auction, by the said A. B., as a stray, 
 according to the statute, on the day of 18 . 
 
 Dated , the , day of ,18 . 
 
 L. M., Supervisor of the town of 
 
 < 1 R. S. (3d ed,.) 401, ( 17, et seq. 
 
CHAPTER XLI. 
 SUPERVISOES. 
 
 FBACIICAL EEMABES. 
 
 1. Supervisors are chosen annually, by ballot, at the town meet- 
 ings held in their respective towns. If the office at any time be 
 vacant, it may be filled by a special town meeting, which it is the 
 duty of the Town Clerk to call within eight days after the happening 
 of the vacancy. If the vacancy is not supplied by the electors, the 
 Justices of the Peace of the town may fill it^ 
 
 2. It is the duty of a person elected or appointed to the office 
 of Supervisor, vritmn ten days after receiving notice of his election 
 or appointment, to take and subscribe the oath of office, before 
 some Justice of the Peace, or Commissioner of Deeds, or the Town 
 Clerk." 
 
 3. The general powers and duties of Supervisors in the State of 
 New York, are defined and prescribed by statute, as follows: 
 
 1. The Supervisor of each town shall receive and pay over all moneys 
 raised therein for defraying town charges, except those raised for the 
 support of Highways and Bridges, of Common Schools, and of the Poor, 
 where poor moneys shall be raised. 
 
 2. He shall prosecute in the name of his town, or otherwise, as may 
 bo necessary, for all penalties of fifty dollars or under, given by law to 
 saoh town or for its use, and for which no other officer is specially 
 directed to prosecute. 
 
 3. He shall keep a just and true account of the receipt and expendi- 
 ture of all moneys which shall come into his hands by virtue of his office, 
 in a book to be provided for that purpose, at the expense of the town, 
 and to bo delivered to his successor in office. 
 
 4- On the Tuesday preceding the annual town meeting, he shall 
 
 1 IR. S. (3ded.,) 392, §2; Id., 398, §5 63,64; Lawa of 183«, chap. 172; Laws oflSW 
 chap. 238; 2 Hill, 369. 
 a 1 R. S. (3d ed.,) 396, §§ 29-31. 
 
SUPERVISORS. 565 
 
 account with the Justices of the Peace and Town Clerk of the town, foi 
 the disbursement of all moneys received by him. 
 
 6. At every such accounting, the Justices and Town Clerk shall enter 
 a certificate in the Supervisor's book of accounts, showing the state of 
 his accounts at the date of the certificate. 
 
 6. The Supervisor of each town shall attend the annual meeting of 
 the Board of Supervisors of the county, and every adjourned or special 
 meeting of such Board, of which he shall have notice. 
 
 7. He shall receive all accounts which may be presented to him 
 against the town, and shall lay them before the Board of Supervisors at 
 their next meeting. ' 
 
 8. He shall also lay before the Board of Supervisors such copies of 
 entries concerning moneys voted ,to be raised in his town, as shall be 
 delivered to him by the Town Clerk. 
 
 g. Whenever the Supervisor of any town shall be required by the 
 Surveyor General to cause a survey to be made of the bounds of his 
 town, it shall be the duty of such Supervisor, within sixty days there- 
 after, to cause such survey to be made, and to transmit by mail, or 
 otherwise, a map and description thereof to the Surveyor General, under 
 a penalty for refusal or neglect, of fifty dollars. The expense of such 
 survey and map will be defrayed by the several towns, whose bounds 
 either wholly or in part shall be described thereby ; such expense to be 
 apportioned by the Board of Supervisors of the county.^ 
 
 4. Besides these general duties enjoined upon the Supervisor, he Ls 
 ex-offido a member and chairman of the Board of Ezcbe of his town, 
 and he is charged with various special duties in regard to highways, 
 the poor laws, schools, and strays, all of which are pointed out in 
 
 Previous Chapters of this work devoted to those particular subjects. 
 See Chapters jcvii, xxn, xxxv, xxxvin, and xl.) 
 
 5. The Supervisor is also a member of the Board of Town Audi- 
 tors, and is clothed with certain powers under the law authorizing 
 the erection of town houses. (See Qhapters xliii and xliv.) 
 
 6. The official bonds of Commissioners of Highways, Town Super- 
 intendents of Common Schools, Collectors, and sometimes Constable's 
 instruments, are approved by the Supervisor. 
 
 1. The Supervisor, Town Clerk, and Assessors of a Town, are 
 required to meet at such place as may be appointed by the Super- 
 visor, or in bis absence, or in case of a vacancy in his office, by the 
 Town Clerk, on the first Monday of July in each third year after the 
 first selection has been made in a tovm, for the purpose of making a 
 list of persons to serve as jurors. When assembled for that purpose, 
 it is their duty to select from the names of those assessed on the last 
 assessment rolls of the town, suitable persons to serve as jurors, in 
 making which selection they are to take the names of such persons 
 only as are — 
 
 1. Male inhabitants of the town, not exempt from serving on juries . 
 
 1 1 R. S. (3d ed.,) 399, § 1, et seg. 
 
566 NEW CLERK'S ASSISTANT. 
 
 2. Of the age of twenty-one years or upwards, and under sixty years 
 old : 
 
 3. Who are at the time assessed for personal property belonging to 
 them in their own right, to the amount of two hundred and fifty dollars, 
 or who have a freehold estate in real property in the county, belonging 
 to them in their own right, or in the right of their wives, to the value 
 of one hundred and fifty dollars ; or, if residents of either of the counties 
 of Niagara, Erie, Chautauque, Cattaraugus, Allegany, Genesee, Orleans, 
 Monroe, Livingston, Jefibrson, Lewis, St. Lawrence, Steuben, or Frank- 
 lin, who have been assessed on the last assessment roll of the town for 
 land in their possession held under contract for the purchase thereof, 
 upon which improvements owned by them have been made, to the value 
 of one hundred and fifty dollars : 
 
 4. In the possession of their natural faculties, and not infirm or 
 decrepit : 
 
 6. Free from all legal exceptions, of fair character, of approved 
 integrity, of sound judgment, and well informed.' 
 
 8. Duplicate lists of the persons selected as jurors by the town 
 officers before mentioned, with their respective occupations and 
 places of residence, are to be made out and signed by such officers, 
 or a majority of them ; and within ten days after the first Monday in 
 July, one of the said lists must be transmitted to the County Clerk, 
 and the other filed with the Town Clerk. The jurors thus selected 
 serve for three years." 
 
 9. Grand jurors are annually selected by the Boards of Super- 
 visors ; but it is the custom for each Supervisor to present a list of 
 those required from his town, with their respective occupations and 
 places of residence, to the Clerk of the Board at an early day in the 
 session. 
 
 10. The duties of Supervisors, in regard to the assessment and 
 collection of taxes, are pointed out in Chapter xlii of this work. 
 
 11. The Supervisor, Assessors, and Town Clerk of a town, are 
 required to meet on the first Monday of October in each year, to 
 designate the place or places where the annual election shall be 
 held, and to give notice thereof They have power at such meeting 
 to alter any district, in which case they must inake a certificate of 
 the alterations, and file the same in the office of the Tovm Clerk. 
 Any alteration so made wiU not take isflfect till after the then next 
 general election, except where a town has been altered, divided, oi 
 newly erected.' 
 
 12. When a new town is formed, it is the duty of the Supervisor, 
 Assessors, and Town Clerk thereof to meet at the office of the Town 
 Clerk, on or before the first Tuesday in Septeniber preceding the 
 first general election to be held in the town, and they may adjourn 
 from time to time, but not beyond the first day of October. If their 
 
 ' 2 R. S. (3d ed.,) 508, 609, 65 12, 13, U, 18. I » 1 R. S. (Si ed.,) 134, SS 15, ^6 ; Laws olT 
 « 2 R. S, (3d ed.,) 508, 609, II 15, 17, 18, 19. 1 1847, chap. 240, 
 
oUPERVISOKS. 
 
 567 
 
 town contains more than five hundred electors, it is their duty to 
 divide it into a convenient number of election districts, as compact 
 ds may be ; and if it contains less than five himdred electors, the 
 division may be made in their discretion. An election district must 
 not contain more than five hundred electors. Where a town is 
 divided, a certificate of the division must be made and signed by the 
 Board, and filed in the oflSce of the Town Clerk.* 
 
 13. Vacancies in the Board of Inspectors of an election district are 
 to be filled by the Supervisor, Town Clerk, and Justices of the Peace 
 of the town, at a meeting to be called by the Supervisor, or in case 
 of a vacancy in his office, or his absence, or inability, by the Town 
 Clerk. Certificates of the appointment of persons to fill vacancies 
 are to be filed 'm the office of the Town Clerk." 
 
 FOEMS 
 
 § 1027. Supervisor's Oath. 
 I do solemnly swear, [or, affirm,] that I will support the Constitu- 
 tion of the United States, and the Constitution of the State of New 
 York; and that I will faithfully discharge the duties of the office (rf 
 Supervisor of the Town of , in the County of , 
 
 according to the best of my ability. 
 
 Sworn and subscribed, this ) D. E. L. 
 
 day of , 18 , before me, ) 
 
 R. F., Town Clerk of the Town of .» 
 
 § 1028. Form of Keeping Supervisor's Book. 
 D. E. L., Supervisor of the Town of , in account with said 
 
 Town: 
 
 Dr. 
 
 
 
 
 
 
 Cr. 
 
 Dates. 
 
 
 DollB. 
 
 cts. 
 
 Dates. 
 
 
 Dolls. 
 
 cts. 
 
 May 1, 1350. 
 July 30, " 
 
 For am't rec'd of 
 0. P., CoUector of 
 the Town, - - - 
 
 For amount of pe* 
 nalty collected of A. 
 B. for (staie what 
 
 &c., &c. 
 
 189 
 £0 
 
 60 
 00 
 
 May 2, 1850. 
 
 (C (i ti 
 
 BypaidforSuperyi- 
 sor's book, • 
 
 " " E. F., Con- 
 missioner of Hign- 
 
 ways, « 
 
 &c., Ik. tr 
 
 1 
 
 150 
 
 25 
 00 
 
 ' 1 R. S. (3d ed.,) 134, 55 15-17 j Laws of 1 a 1 R. S. (3d ed.,) 136, 5 22 ; Laws of 1847 
 1847, chap. 240. I chap. 210. 
 
 ■ No fee can he charged for adnuDistering the oath. The certificate must be filed by tha 
 Superrisor in the ofiice of the Town Clerk, within eight days after taking the oath. 
 
568 SEW CI^ERK'S ASSISTAMT. 
 
 I 1029. Certificate of the Town CUrh <md Justices of the Peace 
 on the Mcamination of the Supervisor' a Accounts, to b* 
 entered in his book. 
 Town of , ss : 
 
 We, the undersigned, the Justices of the Peace and Town Qerk 
 of the Town of , do hereby certify that we have this day 
 
 examined the within [or, foregoing] account of D. E., L., Supervisor 
 of said town ; and that we fmd Qie same in all respects correct and 
 true, and that there appears at this date to be a balance of 
 dollars and cents due from the said Supervisor to the town 
 
 of , [or, as the balance may &e.] 
 
 Dated ,the 
 
 day of , 18 
 
 , 
 
 H. F.^ 
 
 
 A.W. 
 
 Justices of the 
 
 G. H, 
 
 Peace. 
 
 S. T. 
 
 
 R. S.,Townaerk. 
 
 § 1030. Certificate of the Supervisor, to Accompany Copies of 
 Entries in Town Clerk's Book. 
 Town of , ss : 
 
 I do hereby certify that the within are the copies of entries con- 
 cerning moneys voted to be raised in the said town of , 
 delivered to me by the town clerk thereo£ 
 Dated , tiie day of , 18 . 
 
 D. E. L., Supervisor of said Town. 
 
 § 1031. Notice of Supervisor, calling Special Meeting of the 
 Board of Excise. 
 
 [See § 429 in Chapter xvii : all the Forms used by the Commis- 
 tioners of Excise may be found in the same Chapter.^ 
 
 § 1032. Appointment of Commissioner of Highways to fill 
 
 Vacancy. 
 [See § 491 in Chapter xxn : all the Forms used by the Super- 
 visor under the Highway Act, may be found in the same Chapter."] 
 
 § 1033. Heport of Supervisor, where all the Poor are not a 
 County Cha/rge. 
 
 [See § 870 in Chapter xxxv : the other Forma required by the Super- 
 
STJPERVISOEa. 
 
 569 
 
 visor in performing his duties vmkr the Poor Laws, may he found 
 in the same Chapter."] 
 
 § 1034. M)tice to Town Superintendent of Common Schools fo 
 furnish Additional Security. 
 
 [See § 941, in Chapter xxxviii: the other Forms required by the 
 Supervisor under the School Law, may be found in the same Chap- 
 ter.'] 
 
 §1035. Receipt of Supervisor for Proceeds of the Sale of a Stray 
 \See § 1026, in Chapter xl.] 
 
 § 1036. Affidavit verifying Accovnt. 
 [See § 1056, in Chapter xliii: other Forms used by the Town 
 Auditors may also be found in that Chapter.] 
 
 § 1037. Approval of Sureties in a Bond} 
 I approve of the sureties named in the above bond. 
 Dated , the day of , 18 . 
 
 D. E. L., Supervisor of the Town of 
 
 § 1038. lAst ofjwrora. 
 
 List of Jurors selected from the town of 
 of , to serve for three years from the 
 
 18 . 
 
 , in the county 
 day of , 
 
 Names. 
 
 Occupation. 
 
 Residence. 
 
 R. F., Iwrite the name infuU.'i 
 
 S. M. 
 &c., &c. 
 
 Farmer, 
 Merchant, 
 
 ■ 
 Near the gate on the 
 Plank Road, 
 Village of 
 
 ^ The Official Bond of a Commissioner of Highways may be found in Chapter xiil, 
 (§ 492) ; ^at of the Town Superintendent of Common Schools in Chapter xxxvui, (§ 939) ; 
 that of the Town Collector in Chapter xlii/§§ 1051,1052) ; and the Instrument of a Constable 
 in Chapter ixxi, (§804.) It is the duty of Supervisors to prosecute Commisaioners of High- 
 ways or Town Superintendents, and their sureties, for breaches of their bonds, or neg 
 lect to make proper returns and pay over moneys, according to law. The Bond of the Col- 
 £ctor, given to the Supervisor, must also be prosecuted bynim. 
 
570 
 
 NEW CLERK'S ASSISTAlfT.J 
 
 Town of , ss: 
 
 We, the undersigned, the Supervisor, Town ClerK and Assessors 
 of the said Town, do hereby certify that the foregoing is a correct 
 list of jurors duly selected by us from the said town, to serve for the 
 ensuing three years. 
 Dated , the day of July, 18 
 
 D. E. L., Supervisor. 
 
 S. G., Town Clerk 
 
 A.B.,1 
 
 B. J., y Assessors. 
 
 R.8.,) 
 
 § 1039. Idst of Grand Jwors from a Town. 
 
 List of Gfrand Jurors selected by the Supervisor of the Town 
 of , from the qualified inhabitants of said town. 
 
 Names. 
 
 Occupation. 
 
 Residence. 
 
 A. B., [write the name in full.] 
 CD., 
 
 Blacksmith. 
 Cooper. 
 
 Village of 
 
 Comers. 
 
 I hereby certify that the foregoing is a list of grand jurors si 
 lected by me from the qualified inhabitants of the town of 
 
 D. E. L., Supervisor of said Town. 
 
 § 1040. Tax Bill. 
 
 [The Tax Bill is a mere copy of the Assessment Roll, (§ 1046, in 
 Chapter xlii,) with another column headed " AmowU of Tax " 
 added thereto; in which colvmn the Supervisor inserts the amovmi 
 of each person's tax, calculated hy him, according to the rate per 
 cent, established hy the Board. For other Forms required in the as- 
 tessment and collection of taxes, see Chapter xlil^ 
 
 § 1041. Notice of Flection. 
 
 ELECTION NOTICE. 
 
 Town of ,ss: 
 
 We, the tmderagned, composing the Board of Town OflScers of said 
 town, do hereby notify the electors thereof, that the ensuing general 
 election, [or, that a special election duly ordered by the Governor of 
 
SUPERVISORS. 571 
 
 tliis State,] at which are to be elected the following officers, viz: [in- 
 sert here a list of the officers to be chosen,'] will be held in election dis- 
 trict number one, m said town of , on the ■ day of 
 November next, [or, instant,] at the house of 0. P., in said 
 district; in election district number two, on the same day, at the 
 house of R R, in said last mentioned district; and in election district 
 number three, on the same day, at the house, of S. T., in said last 
 mentioned district: And that the poll of the election will be opened 
 in each district on the day of aforesaid, at sunrise, 
 [or, at the time determined hy the hoard, to he not later than nine 
 o'clock in the morning^ and closed at sunset on that day. 
 Dated , the day of , 18 . 
 
 D. E. L., Supervisor. 
 S. G., Town ClerL 
 
 A. B., ) 
 
 B. J., }■ Assessors. 
 R S.) 
 
 § 1042. Alteration of an Election District. 
 Town of , ss : 
 
 We, the undersigned, composing the Board of Town Officers of 
 said town, do hereby certify that we have this day altered the elec- 
 tion districts in said town ; and that the said districts are now consti- 
 tuted and bounded as follows : 
 
 Election district number one is boimded on the west, by the west 
 line of the town ; on the north, by a Ime passing along the centre 
 of the main channel of the river; on the east, by the centre 
 
 of the road ; and on the south, by the south line of military 
 
 lots number and 
 
 Election, district mmiber two is bounded, &c., [describe the howi- 
 daries clearly and distinctly.] 
 
 Election district number three, comprises the remaining territory 
 in said town, not included in either of the districts above described, 
 and is bounded, &c., [give the boundaries.] 
 
 Dated, &c., [as in § 1041.] 
 
 § 1043. Division of a New Town into Election Districts} 
 
 Town of , ss : 
 
 We, the undersigned, composing the Board of Town Officers of 
 said town, do hereby certify that we have divided the same into three 
 
 ^ Within ten days after the meeting of the Board, and at least two weelcs before the daj of 
 the ensuing election, the town clerk must put up copies of the certificate of division m al 
 least four public places in each election district, and deliver one copy thereof to an inspec 
 lor m eaii district. 
 
572 IJEW CLEEK'S ASSISTANT. 
 
 [or, as the nwnber may Je] election districts, -R-bicli aie bounded 
 and described as follows, viz : 
 
 Election district number one is bounded, dec, [describe the districts 
 asin § 1042.1 
 
 Dated, &c.,'[a« m § 1041.] 
 
 § 1044. Notice of Supervisor calling Meeting to Jill Vacancy 
 in Office of Inspector of Elections.. 
 
 To S. G., Town Clerk, [or, Justice of the Peace,] of the Town 
 of : 
 
 You are hereby notified to attend a meeting of the Supervisor, 
 Town Clerki and Justices of the Peace, of said town, appointed by 
 me to be held at your office, [or, at the office of S. T., Esq.,] on the 
 day of instant, for the piirpose of filling a vacancy in the 
 office of Inspector of Elections, in election district number ,in 
 
 said town. 
 Dated , the day of ,18 
 
 Tours, &c., D. E. L., Supervisor. 
 
 § 1045. Appointment of an Inspector of Elections to fill a Vacancy, 
 
 Town of , ss: 
 
 K F. is hereby appointed an inspector of elections in and for elec- 
 tion district number , in said town, to fill the vacancy occasioned 
 by the death of C. D., [or, by the removal of C. D. from the district* 
 or, by the inability of C. D., on account of sickness, to attend at ths 
 ensuing general election.] 
 
 Given under our hands, this day of , 18 . 
 
 D. E. L., Supervisor. 
 
 S. G., Town Clerk. 
 ^m' /justices of the 
 
CHAPTEK XLIL 
 TAXES. 
 
 PRACTICAL EEMABKS. 
 
 1. All lands and personal estate, -within this State, -whether owned 
 by individuals or corporations, individual bankers or banking associa- 
 tions, are liable to taxation, with the following exceptions, viz : All 
 property, real or personal, exempted from taxation by the Constitu- 
 tion of this State, or of the United States ; all lands belonging to 
 this State, or to die United States ; every building erected for the 
 use of a college, incorporated academy, or other seminary of learn- 
 ing, every building for public worship ; every school-house, court- 
 house and jail ; the severd lots whereon such buildings are situated ; 
 and tfie fiuniture belonging to each of them ; every poor-house, alms- 
 house, house of industry, and every house belonging to a company 
 incorporated for the reformation of oflFenders, and Qie real and per- 
 sonal property belonging to, or connected with the same ; the real 
 and personal property of every public library ; all stocks owned by the 
 State, or by literary or charitable institutions; the personal estate of 
 every corporation not made liable to taxation on its capital ; the per- 
 sonal property of every minister of the gospel, or priest, of any 
 denomioatioD, and the real estate of such minister or priest, when oc- 
 cupied by him, provided such real and personal estate do not exceed 
 the value of one thousand five hundred .dollars ; and aU property ex- 
 empted by law from execution. If the real and personal estate, or 
 either of them, of any minister or priest, exceed the value of one 
 thousand five hundred dollars, that sum must be deducted from 
 the valuation of his property, and the residue will be liable to taxa- 
 tion. Lands sold by the State, though not granted, or conVeyed, 
 must be assessed in the same manner as if actually conveyed. The 
 owner, or holder, of stock in any incorporated company, liable to tax 
 ation on its capital, cannot be taxed as an individual for such stock.' 
 
 1 1 B. a (8d ed.,) 411, 442, { 1, et seq. ; Uw3 of 1847, chap. 419; 4 Falge, 40t 
 
574 
 
 NEW CLERK'S ASSISTANT. 
 
 2. Every person must be assessed in the town of ward where he 
 resides, for all lands owned or occupied by him in such town or ward. 
 Land not owned by a person residing in the town where the same 
 is situated, may be assessed in the name of the owner or occupant 
 Where a farm, or lot, is divided, by the line between two towns in 
 the same county, or in adjoining counties, it must be assessed in the 
 town where the occupant resides; if there be no occupant, then each 
 part must be assessed in the town in which the same may he.* 
 
 3. Every person must be assessed in the town or ward where he 
 resides, for all personal estate owned or held by him, in his own right, 
 or as trustee, guardian, executor, or administrator; but if any person 
 possessed of personal estate resides, during any year in which taxes 
 may be levied, in two or more counties or towns, his residence will be 
 deemed and held by the assessors to be in the county and town in 
 which his principal business may have been transacted.' 
 
 4. The real estate of incorporated companies, liable to taxation 
 must be assessed in the town or ward where the same may lie. The 
 personal estate of such companies must be assessed in the town or 
 ward where the principal office or place of business is located ; if 
 there be no such office, then in the town or ward where the opera- 
 tions of the company may be carried on. In the case of toll bridges, 
 the company owning any such bridge must be assessed in the town 
 or ward where the tolls are collected ; and where the tolls of any 
 company are collected in several towns, the assessment must be made 
 in the town or ward in which the officer authorized to pay the last 
 preceding dividend, resides." 
 
 5. The Assessors of any town or ward may divide the same into 
 assessment districts, not exceeding the number of Assessors. Be- 
 tween the first days of May and July in each year, they must ascer- 
 tain, by diligent inquiry, the names of all the taxable inhabitants, 
 and the taxable real and personal property in such town, or ward, 
 and enter the same in their assessment roll; and where any person 
 is assessed as a trustee, guardian, executor, or administrator, he must 
 be so designated. The lands erf non-residents are to be entered in 
 the same assessment roll, but separate from the other assessments.* 
 
 6. If any person liable to taxation wUl make affidavit that the 
 value of his real estate does not exceed a certain sum, to be specified 
 in such affidavit, or that the value of the personal estate owned by 
 him, after deducting his just debts, and his property invested in in- 
 corporated companies liable to taxation, does not exceed a certain sum 
 to be specified as aforesaid, it will be the duty of the Assessors to 
 value such real or personal estate, or both, at the sums specified in 
 
 1 1 R. S. (3d ed.,) 443, §§ 1-4 ; 4 WendeU, 
 429. 
 
 ) 1 R. S. (3d ed.,) 443, § 6; Laws of 1850, 
 clian. 92. 
 
 «1R.S. (3d ed.,) 443, 5 6; 4 Paige, 391 ; 10 
 Wendell, 186; 22 Id., 9, 23 Id., 103; 1 HiU, 
 616; 4 Id., 20. 
 
 < 1 B. S. (3d ed.,) 444, 445, {J 7-11. 
 
TAXEa 
 
 575 
 
 the affldavii Trustees, guardians, &c., &c., may make a similar affi- 
 davit in relation to the value of property held in trust by them. 
 AH real and personal property, the value of which shall not be spe- 
 cified by affidavit as aforesaid, must be estimated at its full value, as 
 the Assessors would appraise the same in the payment of a just debt 
 due from a solvent debtor.*' 
 
 7. It is also the duty of Assessors to ascertain the amount of rents 
 reserved on leases in fee, or for one or more lives, or for any term 
 exceeding twenty-one years. The rents are to be assessed as per- 
 sonal estate, to the person or persons entitled to receive them, at a 
 principal sum, the legal interest on which wUl produce a sum equal 
 to such rents. If the rents are payable in property or services, the 
 Assessors must ascertain the value of such property or services, in 
 money, and find the principal sum which will yield so much interest' 
 
 8. The Assessors are to complete their assessment roll on or before 
 the first day of September in every year, and to make one fair copy 
 thereof, to be left with one of their number. They are then forthwith 
 to cause notice of its completion, (fee, as in the form hereinafter given, 
 to be posted up at three or more public places in the town or ward. 
 The Assessors are to meet at the time appointed to review their as- 
 sessments, and are to be governed by the same rules as above speci- 
 fied. Any person considering himself aggrieved, may offer his own 
 affidavit, or other testimony, in order to show that his assessment is 
 erroneous.' 
 
 9. The affidavits above mentioned are to be made before the As- 
 sessors, or any one of them.' 
 
 10. After completing the review of the assessment roU, the Asses- 
 sors are to sign the same, and attach thereto a certificate, as in the 
 form hereinafter given. The roU thus certified is to be delivered by 
 the Assessors in the city of New York to the city comptroller, on or 
 before the twentieth of September, and in aU other towns or wards, 
 to the Supervisor thereof, on or before the first day of October ii^ 
 every year.' ^ 
 
 11. The duty of Assessors, in determining the value of taxable 
 property, is, in its nature, judicial, and they are not legally responsi- 
 ble for an error.' i 
 
 12. Every person chosen or appointed to the office of Collector in 
 a town, before he enters on the duties of his office, and within eight 
 days after he receives notice of the amount of taxes to be collected 
 by him, must execute to the Supervisor of the town, and lodge with 
 him a bond with one or more sureties, to be approved of by such 
 Supervisor.' 
 
 1 1 R. S. Oa ed.,) 446, §5 15-17. 
 s Laws of 1846, chap. 327. 
 • 1 R. S. <3d ed.,)446, 7, §§ 19-24; 10 Wen- 
 ie\L, 195. 
 « IR. S. (3J«d.,)447,§25. 
 
 H R. S. (3ded.,) 447,^W,2r; Lawa of 
 1842, chap. 218. 
 • 3 Denio, 117. 
 » IR. S. (3ded.,)396, §36. 
 
576 
 
 KEW CLERK'S ASSISTANT. 
 
 13. The Collector or receiver of any town or ward, in addition to 
 the surety above mentioned, is -required, before he enters on the du- 
 ties of his office, to give a bond with sufficient sureties, to be approved 
 of by the Supervisor of the town, or ward, in which he resides, con- 
 ditioned for the faithful payment to the treasurer of the County or 
 City, of all commutation money received by him from all persons lia- 
 ble to do military duty, on or before the tenth day of August' 
 
 14. Whenever any Town Collector receives any warrant for the 
 collection of taxes, it is his duty immediately thereafter to cause no- 
 tice of the reception thereof to be posted up in five public places in 
 the ward or town, (except in the city of New York,) and that he will 
 attend at certain tunes and places to receive the taxes. It is the 
 duty of the Collector to attend, in accordance with his notice, and any 
 person may pay his taxes at any time and place designated therein, 
 within thirty days from thfe first posting of such notices.' 
 
 15. Where a Collector returns any tax imposed on reserved rents, 
 as unpaid, it is the duty of the County Treasurer to issue his warrant 
 to the Sheriff of any county in which any real or personal estate of 
 the person liable to pay the tax, may be found, commandiog him to 
 collect the same of such real or personal estate, together 'with the 
 sum of one dollar for the expense of issuing the warrant, and to pay 
 over the money at a certaiu time to be specified, not less than sixty 
 days from the date of the warrant' 
 
 16. Whenever the Comptroller has rejected a tax returned in ar- 
 rear in the first instance, or charged the same to a county to which 
 it was before credited, on account of any inaccurate or imperfect de- 
 scription of the lands on which the tax was laid, the Supervisor of the 
 town in which the lands are situated must, if in bis power, add to 
 the next assessment roll of the town an accurate description of such 
 lands.* 
 
 FOEMa 
 § 1046. Assessment BoU. 
 
 Assessment Boll of the Town of , in the County of 
 
 \or, of the ward, in the city and county of 
 
 the year : 
 
 J for 
 
 Names of the taxable 
 1 Inhabitants. 
 
 Quantity 
 of land. 
 
 Value of real 
 property. 
 
 Personal 
 property. 
 
 Total. 
 
 • John Doe, 
 R. Roe, Trustee of A. B. 
 James Jackson, 
 
 100 
 260 
 
 45 
 
 1,500 
 
 3,500 
 
 600 
 
 600 
 1,000 
 
 2,000 
 
 4,600 
 
 600 
 
 > Laws of 1847, chap. 290, 494. 
 
 > Laws of 1845, chap. ISO. 
 
 I > Lavs of 1846, chap. 327. 
 I • IR. S. (3deil.,)4ra,$ea 
 
TAXES. 
 
 577 
 
 LANDS OF NON-RESIDENTS. 
 
 Description of Tract. | Quantity of Land. | Valuation. 1 
 
 Lot No. 84, 
 
 Subdivision No. 2, Lot No. 86, 
 A tract of land situate on road leading 
 ' from, ifec, bounded and described as 
 , follows, to wit; [description,] - 
 
 600 
 99 
 
 43 
 
 3,000 
 990 
 
 600 
 
 Dated the 
 
 day of 
 
 18 
 
 r'Z !■ Assessors. 
 <£c., ecc, ) 
 
 § 1047. Notice of Completion of Assessment, dkc 
 
 PUBLIC NOUOK. 
 
 Notice is hereby ^ven, that the Assessors of the town of , 
 
 [or, of the ward in the city of ,] have completed 
 
 their assessment roll, for the present year, and that a copy thereof 
 is left with the undersigned E. F., at his dwelling-house, in , 
 
 where the same may be seen and examined by any of the inhabitants 
 of said town, [or ward,] during twenty days from this date ; and that 
 the said Assessors will meet at the house of R P., in said town, [or, 
 ward,] on the day of instant, [or, next,] at o'clock 
 
 in the noon, to review their assessments, on the application of 
 
 any person conceiving himseK aggrieved. 
 
 Dated, &c., [as in % 1046.] 
 
 § 1048. Affidavit to Reduce Amoimt of Tax. 
 County, ss: 
 A. B., of the town of , in said county, being duly sworn. 
 
 Bays, that the value of the real estate assessed to him on the assess- 
 ment roll of said town, for the year 18 , described as [give a brief 
 description,'] and valued on said roll at dollars, does not in 
 
 fact exceed the sum of dollars ; [or, that the value of the 
 
 personal estate owned by him, after deductmg his just debts, [if ne- 
 cessary insert here, and his property invested in incorporated compa- 
 nies liable to taxation,] does not exceed the sum of dollars ; 
 or, that the value of his personal property is not equal to the amount 
 of debts owed by him.] 
 
 Sworn to, this day of , ) A- B. 
 
 18 , before me, j 
 
 E. F., Assessor. 
 37 
 
578 NEW CLERK'S ASSISTAJifT. 
 
 § 1049. Certificate to Attack to Assessment BolL 
 
 County,) 
 ToTvn of ,P^- 
 
 We do sererally certify, that we have set down, in the above as- 
 sessment roll, all the real estate situated in the town of , m 
 said county, [or, in the ward, in the city of ,J according 
 to our best information ; and that, with the exception of those cases 
 in which the value of the said real estate has been sworn to by the 
 possessor thereof, we have estimated the value of the said real estate 
 at the sums which a majority of the Assessors have decided to be 
 the true value thereof, and at which they would appraise the same 
 in payment of a just debt due from a solvent debtor; 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 the said roU, over and above the amount of debts due 
 from such persons respectively, and excluding such stocks as are 
 otherwise taxkble; and that with the exception of those cases in 
 which the value of such personal estate has been sworn to by the 
 owner or possessor, we have estimated the same according to our 
 best information and belief. 
 
 Dated, &c., [as in § 1046.] 
 
 § 1050. Notise of Supervisor to Collector of Amount of Taxes. 
 
 To H. C, Collector of tbe Town of : 
 
 You are hereby notfe^itfiat the amount of taxes to be collected 
 by you in said town of* , for the current year, is dollars 
 
 and cents. 
 
 Dated , the day of , 18 . 
 
 Yours, &c., L. S., Supervisor. 
 
 § 1051. Collector's Bond to Supervisor, 
 
 Know all men by these presents : That we, H. C, A. B., and C. 
 D., of the town of , in the county of , are held and firmly 
 
 bound unto L. S., Supervisor of said town of . , in the penal 
 
 sum [insert double the amount of taxes to be collested] of thou- 
 
 sand dollars, to be paid to the said L. S., or his successor m office ; 
 to which payment, well and truly to be made, we bind ourselves, 
 and our, and each of our heirs, executors and administrators, jointly 
 and severally, firmly by these presents. Sealed with our seals, and 
 dated the day of , A. D. 18 .* 
 
TAXES. 579 1 
 
 Whereas, the above bounden H. C. has been duly chosen Col- 
 lector of said towii of : Now, therefore, the condition of this 
 obligation is such, that if the said H. C. shall well and faithfully 
 execute his duties as such collector, then the above obligation to be 
 void ; else to remain in force. 
 Sealed, signed and delivered ) 
 in presence of ) 
 G. H. 
 
 I approve of the sureties named m the above bond. 
 Dated , the day of , 18 . 
 
 L. B., Supervisor of the Town of 
 
 H.C. 
 
 L. S. 
 
 A. B. 
 
 L. S. 
 
 CD. 
 
 L. B. 
 
 § 1052. Collector's Bond under the Law Providing for the Enroll- 
 ment of the Militia. 
 
 Know all men by these presents : That we, H. C, A. B., and C. 
 D., of the town of , in the coimty of , are held and 
 
 firmly bound unto L. H., Colonel of the regiment of the en- 
 
 rolled militia of the State of New York, in the penal sum [insert 
 such sum as the officer approving the hand may deem sufficient,'] of 
 dollars, to be paid to the said L. H., or his successor in officp 
 to which payment, &c., [as in § 1051 to the *, and then add:] 
 
 Now, the condition of this obligation is such, that, if the above 
 bounden H. C, who is the collector of the town of aforesaid, 
 
 shall faithfully pay all moneys received by him in pursuance of the 
 act entitled " An Act to provide for the- enrollment of the militia, and 
 to encourage the formation of Uniform Companies, excepting the 
 First Military Division of this State" — ^passed May 13th, 1847, as 
 amended by an Act passed December 15, 1847, into the treasury of 
 the county of , on or before the tenth day of August next, 
 
 then the above obligation to be void ; else to remain in force. 
 
 Sealed, &c,, \as in § 1051, with the approval annexed thereto.] 
 
 § 1053. JVoiice of Collector. 
 
 PUBLIC NOTICE. 
 
 Notice is hereby given to the taxable inhabitants of the town of 
 
 , [or, of the ward, in the city of ,1 that I, the 
 
 undersigned, the Collector of taxes in and for the said town, [or, 
 
 1 The Supervisor must file the bond of the Collector in the office of tb« County Clerk 
 mthin six days after its execution. 
 
580 NEW CLERK'S ASSISTAIST. 
 
 ward,] have received the warrant for the collection of the taxes for 
 the present year; and that I mU attend at my dwelling-house, [or, 
 at the house of R. P.,] m said town, [or, ward,] on Thursday of each 
 week, for thirty days from the date hereof, from nine o'plock in the 
 forenoon until four o'clock in the afternoon, for the purpose of re- 
 ceiving payment of taxes. 
 
 Dated , the day of , IS . 
 
 H. C, Collector. 
 
 § 1054. Warrant of Coim,ty Treasurer. 
 
 To the Sheriflf of the County of , greeting : 
 
 The people of the State of New York command you to make of 
 the goods and chattels of A. B., in your county, the sum of 
 dollars, being the amount of a tax assessed to the said A. B., in the 
 town of , and county of , imder and in pursuance of 
 
 the provisions of an act, entitled "An Act to equalize taxation," 
 passed May 13, 1846, together with one dollar for this warrant; and 
 if sufficient goods and chattels cannot be foimd in your county to 
 make the said sums of money, you are required to levy the same of 
 the lands and tenements, real estate and chattels real, of the said A. 
 B., whereof he was seized on the day of , 18 . And 
 
 you win pay over the moneys collected by virtue of this warrant, tc 
 the undersig-ned, the Treasurer of the county of aforesaid, 
 
 on or before the day of , 18 . 
 
 J. C. D., Treasurer of the County of • 
 
CHAPTER XLin. 
 TOWN AUDITOES. 
 
 PRACTICAL REMARKS. 
 
 1. The Supervisor, Town Clerk,and Justices of the Peace, or any 
 two Justices, of any town, constitute the Board of Town Auditors, 
 for the purpose of auditing and allowing all claims payable by such 
 town. The Board are required to meet annually, at the place of 
 holding the last town meeting, on the last Thursday preceding the 
 annual meeting of the Board of Supervisors of the county.' 
 
 2. Accoimts for services and disbursements presented to the Town 
 Auditors, must be made out in items, and accompanied with an 
 affidavit, as in the form hereinafter given. The affidavit must be 
 made by the person presenting, or claiming, the account, and must 
 be attached to, and filed with the same.' 
 
 3. The board must annex to each account audited by them, a cer- 
 tificate in duplicate, specifpng the name of the person in whose favor 
 the same is drawn, the nature of the demand, and the amount allowed. 
 One copy of the certificate is to be filed with the Town Clerk, and 
 the other delivered to the Supervisor, to be presented to the Board 
 of Supervisors, who will order the amount to be collected in the 
 town.' 
 
 4 It is the duty of boards of town auditors, to make annually, 
 brief abstracts of the names of all persons who have presented to 
 said board accounts to be audited, with the amounts claimed by each, 
 and the amounts finally audited ; which abstracts are to be delivered 
 to the Clerk of the Board of Supervisors and printed with the other 
 statements required to be printed by him.' 
 
 5. The original accounts and affidavits presented to the board of 
 town auditors are to be filed in the office of the clerk of the town. 
 
 > Laws of 1840, ch«p. 805; Laws of 1844, 
 chop. 228. 
 
 3 Laws of 1845, chap. 180, § 24; Laws of 
 1847, cbap. 480. 
 
 ' Laws of 1840, chap. 805. 
 * Laws of 1847, chap. 455 
 
582 NEW CLERK'S ASSISTAHT. 
 
 FORMS, 
 
 § 1055. Certificate of Town Auditors. 
 
 County,) 
 Town of ,P®- 
 
 We, the undersigned, composing the Board of Town Auditors of 
 said town, do hereby certify, that we have this day audited and al- 
 lowed to E. R, Commissioner of Highways of said town, by whom 
 the foregoing account has been presented to us; the sum of 
 dollars, as and for his services as such Commissioner, \insert, and the 
 disbursements necessarily paid out by him in the execution of his 
 duties, if necessary] up to, and includlngj the day of 
 
 instant; and that we find a balance of dollars and cents 
 
 to be due by the said E. F, to the town of [or, as the balance 
 
 may be.'\ 
 
 Dated at , the day of , 18 . 
 
 A. B., Supervisor. 
 
 / 
 
 C. D., Town Clerk. 
 &c., &c., [ ^'^^'^^ 
 
 § 1056. Affidavit to attach to an Account?. 
 County, ss: 
 E. F., of said county, being duly sworn, says, that the items for 
 services and disbursements mentioned in the foregoing account, by 
 him presented [or, claimed,] are in all respects correct; that such 
 disbursements and services have in fact been made or rendered, or 
 are necessary to be made or rendered, at this session of the Board ; 
 and that no part thereof has been paid or satisfied. 
 
 Sworn to, this day of , ) E. F. 
 
 18 , before me, j 
 
 A. B., Chairman of the Board of Town Auditors of 
 
 § 1057. Abstract of Claims Audited by the Town Auditors. 
 
 Abstract of the names of all persons who presented accounts to 
 be audited to the Board of Town Auditors, of the town of , on 
 
 1 Thia form may also be used to verify accounts presented to the Board of Supervisors, or 
 County Superintendents of the Poor. The oath may be administered by the chairman of 
 (he Board of Town Auditors, or Supervisors, or by any one of the County Superintendents, 
 
TO"WN AUDITORS. 
 
 583 
 
 the day of , 18 , -with the amounts clauned by each, and 
 
 the amounts finally audited. 
 
 Namea. 
 
 Title of Office, or nature of claim or services. 
 
 Am't 
 claimed. 
 
 Am't 
 audited. 
 
 John Brown, 
 John Doe. 
 Richard Roe, 
 James Thompson, 
 Sec, &c. 
 
 Justice of the Peace, 
 Town Superintendent of Com. Schools, 
 For supplies to town Poor, 
 Medical serrices, 
 &c., &c. 
 
 -Total, 
 
 BOM 
 60 00 
 78 00 
 100 00 
 
 40 50 
 60 00 
 78 00 
 85 00 
 
 
 
 Town of , ss : ■ 
 
 We do hereby certify that the foregoing abstract is correct. 
 Dated , the day of , 18 . 
 
 D. E. L., Supervisor. 
 S. G., Town Clerk. 
 
 o 'rp ■' / Justices of the 
 
 &C., &c., ) 
 
 Peace. 
 
CHAPTER XLW. 
 TOWN HOUSES. 
 
 PRACTICAL REMARKS. 
 
 1. The electors of any town in this State, in which there shall not 
 be a town-house, may, at any annual town meeting, by resolution, 
 vote a sum of money for the purchase of a site, and the erection of 
 a town-house, not exceeding in the number of dollars, twice the num- 
 ber of electors in the town ; provided that a notice of the intention to 
 propose such a resolution be posted, within fifteen, and not less than 
 ten, days, preceding the town meeting, in five of the most public 
 places in the town. 
 
 2. Upon presenting the action of the town to the Board of Super- 
 visors of the county, they may cause the sum voted to be collected 
 with the other expenses of the town, or require the question to be 
 again submitted to the electors at the next annual town meeting. 
 
 3. Conveyances for sites of town-houses are to be made to the 
 towns. The sites are to be purchased, and the houses erected, by 
 the Supervisor, Town Clerk, and Justices of the Peace. The Super- 
 visor, Town Clerk, arid the Justice residing nearest the town-house, 
 have the right to control the same. 
 
 4. The electors of any town may vote such sum as may be neces- 
 iary to repair or insure the town-house.' 
 
 FOEMS, 
 I 1058. Notice of Intention to Propose Resolution. 
 
 PUBLIC NOTICE. 
 
 Notice is hereby given, that a resolution will be proposed by the 
 undersigned, at the next annual town meeting of the town of , 
 
 > Laws or IS47, chap. 197 
 
TOWN HOUSES. 585 
 
 to be held at , m said town, on the day of 
 
 next, authorizing the sum of dollars to be raised for the pur- 
 
 chase of a site for, and the buildmg of, a town-house, in said town. 
 Dated at , the day of , 18 . 
 
 A. B. 
 
 § 1059. Certificate to be Laid Before the Board of Supervisors. 
 
 County, ) 
 Town of , [ ^• 
 
 We, the undersigned, the Board of Canvassers, at the annual town 
 meeting of the town of , held at the house of K F., in said 
 
 town, on the day of instant, do hereby certify, that 
 
 the following resolution was proposed at said meeting, and adopted 
 by a majority of the voices of the electors present and voting there- 
 upon: 
 
 " Resolved, that the sum of dollars be raised in the town 
 
 of , and that the same be, and hereby is, appropriated for 
 
 the purchase of a site for, and the building of, a town-hoUse, in said 
 town." 
 
 Witness our hands, this day of , 18 . . 
 
 G. H., ) 
 
 S. T., V JVisticeB. 
 
 &c., &c., ) 
 
 § 1060. Eesolntion of the Board of Supervisors. 
 
 Resolved, That the sum of dollars be raised and collected 
 
 in the town of , for the purchase of a site for, and the build- 
 
 mg of, a town-house, in said town, in accordance with the resolution 
 adopted by the electors thereof at the last annual town meeting ; [or. 
 That the question of raising the sxmi of dollars ia the town 
 
 of , for the purchase of a site for, and the building of, a town- 
 
 house, in said town, voted upon at the last annual town meeting held 
 therein, be again submitted to the electors thereof, at the next annual 
 town meeting.] 
 
CHAPTER XLV 
 WILLS, 
 
 PRACTICAL REMARKS. 
 
 L AH persons except idiots, persons of unsound mind, and in&nts, 
 m»y devise their real estate by a last ■will and testament duly exe- 
 cuted. Such devise, may be made to any person capable, by law, of 
 holding real estate ; but no devise to a corporation will be valid, un- 
 less such corporation be expressly authorized by its charter, or 
 statute, to take by devise. Every devise of any interest in real pro- 
 perty, to a person, who, at the time of the death of the testator, 
 may be an alien, not authorized to hold real estate, will be void.' 
 
 2. Every male person of the age of eighteen years, or upwards, 
 artd every female of the age of sixteen years, or upwards, of sound 
 mind and memory, and no others, may give and bequeath his or her 
 personal estate in writmg. No mmcupative or unwritten will, be- 
 queathing personal estate, wUl be valid unless made by a soldier, 
 while in actual military service, or by a mariner whUe at sea.' 
 
 3. Married women may devise real or personal property belonging 
 to ithem in their own right, and not conveyed, given, granted, or de- 
 vised to them by their husbands.' 
 
 4. Every last wiU and testament of real or personal property, or 
 both, must be executed and attested, in the following manner: — 
 
 1. It must be subscribed by the testator, at the end of the will: 
 
 2. Such subscription must be made by the testator, In the presence of 
 each of the attesting jvitnesses, or acknowledged by him to have been 
 BO made to each of the attesting witnesses : 
 
 ' 8 R. S. (M ed.) 118,119, «5 1-4 ; 4 Paige, | • 2 R. S., (33 ed.) 121, 
 i; 3 Wendell, 166 ; 10 Id., 379. man's Ch. Rep., 1 ; Id., 1 
 
 J > Laws of 1849, chap. 3! 
 
 *8R.S. C3i«d.)118,119,S51-4; 4Paige, I •2R.S.,(3d ed.) 121,55 18, 19; 1 Hoff- 
 
 ~ <...<.— nan's Ch. Rep., 1 ; Id., 208. 
 
 > Laws of 1849, chap. 37S. 
 
"WILLS. 
 
 587 
 
 3. The testator, at the time of makmg such Bubsoription, or at the 
 time of acknowledging the same, must declare the instrument so sub- 
 Bcribed, to be his last will and testament. 
 
 4. There must be, at least, two attesting witnesses, each of whom 
 must sign his name as a witness, at the end of the will, at the request 
 of the testator. 
 
 . 6. Tho witnesses to any will must write opposite to their names their 
 respective places of residence; and every person who may sign the tes- 
 tator's name to any will, by his direction, must write his own name as a 
 witness to the will. 
 
 6. Whoever neglects to comply with either of the foregoing pro- 
 visions, will forfeit fifty dollars, to be recovered by any person interestgd 
 in the property devised or bequeathed, who may sue for the same. Such 
 omission will not affect the validity of any will ; nor will any person 
 liable to the penalty aforesaid, be excused or incapacitated, on that ac- 
 count, from testifying respecting the execution of such will.' 
 
 5. No will in writing, (except in the cases particularly specified in 
 the statute,) nor any part thereof, can be revoked, or altered, other- 
 vrise than by some other will in writing, or some other writing of the 
 testator, declaring such revocation or alteration, and executed with 
 the same formalities with which the will itself was required by law 
 to be executed ; or unless such will be burnt, torn, canceled, oblite- 
 rated, or destroyed, with the intent, and for the purpose of revoking 
 the same, by the testator himself, or by another person in his pre- 
 sence, by his direction and consent; and when so done by another 
 person, the direction and consent of the testator, and the fact of such 
 injury or destruction, must be proved by at least two witnesses." 
 
 6. Marriage and the birth of a child, subsequent to the execution 
 of a win, operate as a revocation, if there be no provision made for 
 the wife and child. A will executed by an unmarried woman will 
 be deemed revoked by her subsequent marriage. After born chil- 
 dren, not provided for or mentioned in a wiU, or in a settiement, are 
 entitled to such share of the estate of the testator as they would 
 have had if no will had been made." 
 
 1. Fraud will vitiate a will.* 
 
 8. Mere imbecility will not avoid a wiU. The term '-unsound 
 mind," in the statute concerning wiUs, has the same signification as 
 non compos mentis.'' 
 
 9. A sound disposing mind, or testable capacity, is any point above 
 idiocy or limacy.' 
 
 ' 2R. S. (Sded.,) 124, §§32,33 ; 8 Paige, 489 ; 
 10 Id., 85; 26 Wendell, 331, 525; 1 Uenio, 
 33; 1 Barbour's S. C. Rep,, 826 j 2 Id., 40, 
 200. 
 
 3 2 R. S. (3d cd.,) 124, 5 34 ; 20 Wendell, 
 4W ; 1 Hill, 690. 
 
 » 2 R. S. (2d ed.,) 124, 5, §§ 35, 36, 41 j 4 
 
 Kent's Commentanes, (2d ed.,) 620, et acq.; 4 
 Johnson's Ch. Rep., 606 ; 5 Paige, 690 ; 7 Id., 
 99; I Denio,27. 
 
 1 1 Gomstock, 214. 
 
 6 3 Denio, 37. 
 
 « 26 Wendell, 255 ; 3 Denio, 37 ; 2 Contstock, 
 498 
 
588 
 
 NEW CLERK'S ASSISTANT. 
 
 I 10. Where the personal estate is not in terms exonerated by a 
 will, it will be deemed the primary fund for the payment of legacies.' 
 
 11. No provision made in a will for a wife, will prevent her from 
 having dower also, imless it be expressly declared to be in lieu of 
 dower, and she assent thereto. A testamentary provision, where the 
 intention is doubtful, though accepted, wUl not deprive her of dower." 
 
 12. Lands purchased after making a will, wiU not pass by it, un- 
 less it be republished in the presence of the fornier, or any other 
 two witnesses." 
 
 13. A codicil is a supplement to a wiU, and must be attested in 
 the same manner.* 
 
 14. A codicU to a will causes it to speak from the re-pubhcation.' 
 
 15. The term "heirs," or other words of inheritance, are not 
 necessary to the devise of an estate in fee. Where it is the intention 
 to give an estate for Ufe only, the words " during his natural life," or 
 other words to the same effect, must be used." 
 
 16. A wiU is valid, although it contain a devise or bequest to the 
 witness; such bequest, however, is void,' 
 
 17. Three witnesses to a will of real estate are required in 
 Vermont, New Hampshire, Maine, Massachusetts, Rhode Island, 
 Connecticut, New Jersey, Maryland, South Carolina, Georgia, Ala- 
 bama, Mississippi, Michigan, Wisconsin, and Iowa. Two witnesses 
 only are necessary in New York, Delaware, Virginia, Ohio, Illinois, 
 Indiana, Missouri, Tennessee, North Carolina, and Kentucky. In 
 Pennsylvania, no subscribing witness is necessary, provided the 
 authenticity of the wiU. can be proved by two witnesses : and if a wiU 
 be subscribed by witnesses, it may be proved by the oaths of other 
 persons." 
 
 18. After the lapse of sixty years from the date of a will, its 
 execution may be shown, without proving that efforts have been 
 made to procure the attendance of the subscribing witnesses, as 
 their death may be presumed.' 
 
 1 1 Comstock, 120. 
 
 « 2 R. S. (3d ed.,) 27, §§ 9-11 ; 2 Johnson's 
 Ch. Rep., 448; 2 Paige, 6B9 : 8 Id., 325: 7 
 Cowen, 285 ; 5 Hill, 206 ; 2 Deijo, 430. 
 
 3 2 R. S. (3d ed.,) 124^6, 55 37-40 ; 7 John- 
 son's Ch. Rep., 258 ; 4 Kent's Commentaries, 
 (2d ed.,) 62^ 
 
 «6 Johiison'a Ch. Rep., 375 ; 1 HiU, 690. 
 
 » 7 Hill, 346. 
 
 » 2 R. S. (3d ed.,) 33, 5 1 : 2 Johnson's Caa, 
 484 ; 2 Hill, 664 ; 3 Id., 165 ; 5 Id., 410 ; 1 De. 
 nio, 165. 
 
 I 2 R. S. (3d ed.,) 125, 55 42, 43. 
 
 s 4 Kent's Commentaries, (2d ed.,) 613,511, 
 
 •> 7 HiU, 476. 
 
"WILLS. 589 
 
 FOEMS. 
 
 § 1061. Will of Bed and Personal UstaUi. 
 
 In the name of God, amen : I, A. B., of the town of , in 
 
 the county of , and State of , of the age of 
 
 years, and being of sound mind and memory, do make, publish and 
 declare, this my last will and testament, in manner following, that 
 is to say: 
 
 First, I give and bequeath to my wife, E. B., the sum of , 
 
 to be accepted and received by her in Ueu of dower; to my son, C. 
 B., the sum of ; to my daughter, M. B., the sum of ; 
 
 and ip my daughter-m-law, S. B., widow of my son, E. B., deceased, 
 the sum of ; which said several legacies or simis of money, 
 
 I direct and order to be paid to the said respectiye legatees, wlthm 
 one year after my decease. 
 
 Second, I give and devise to my son, C. B., aforesaid, his heirs 
 and assigns, all that tract or parcel of land, situate, &o., [describe the 
 2yremises,J together with all the hereditaments and appurtenances 
 thereunto belonging or in any wise appertaining: To have and to 
 hold the premises above described to the said C. B., his heirs and 
 assigns, forever. 
 
 Third, I give and devise all the rest, residue and remainder, of 
 my real estate, of every name and nature whatsoever, to my said 
 daughter, M. B., and my said daughter-in-law, S. B., to be (hvided 
 equally between them, share and share alike. 
 
 And lastli/, I give and bequeath all the rest, residue and remain- 
 der, of my personal estate, goods and chattels, of what nature or 
 kind soever, to my said wife, E. B., whom I hereby appoint sole 
 executrix of this my last will and testament ; hereby revoking all 
 former wills by me made. 
 
 In witness whereof I have hereunto set my hand and seal, this 
 day of , in the year of our Lord one thousand eight 
 
 hundred and . A. B. [l. s.] 
 
 The above instrument, conasting of one sheet, [or, two sheets,] 
 was, at the date thereof, signed, sealed, published and declared, by 
 the said A. B., as and for his last will and testament, in presence of 
 us, who, at his request and in his presence, and in the presence of 
 each other, have subscribed our names as witnesses thereto. [ Or, 
 The above instrument, consisting of one sheet, was, at the date there- 
 of, declared to us by A. B., the testator therein mentioned, to be his 
 last win and testament ; and he at the same time acknowledged to 
 us, and each of us, that he had signed and sealed the same; and we 
 thereupon, at his request, and in his presence, and in the presence 
 of each other, signed our names thereto as attesting witnesses.] 
 
 C. D., residing at , in county. 
 
 G. H., residing at , in coilnty. 
 
590 IIEW CLERK'S ASSISTANT. 
 
 § 1062. Codicil to a WiU. 
 
 Whereas, I, A. B., oft &c., have made my last will and testament 
 in ■writing, bearing date the day of , in the year of 
 
 our Lord one thousand eight hundred and , in and by -which 
 
 I have given and bequeathed to, &c., \liere set forth the bequest 
 which the testator desires to change :'\ Now, therefore, I do, by this 
 my writing, which I hereby declare to be a codicil to my said last 
 will and testament, and to be taken as a part thereof, order and 
 declare that my wiU is, that only the sum of be paid to my 
 
 daughter-in-law, S. B., in fuU of the said legacy given and bequeathed 
 to her; and that the remaining part of the said legacy be given and 
 paid to my nephew, R F. : And lastly, it is my desire that this codicil 
 be annexed to, and made a part of, my last wiU and testament as 
 aforesaid, to all intents and purposes. 
 
 In witness, &c., \as in § 1061, except that the attestation will read, 
 " as and for a codicil to ms last will," &c.] 
 
 § 1063. Nominaiion of Hxemtors in a Will. 
 
 And lastly, I do hereby nominate and appoint my sons, C. B. and 
 M. B., \or, my friends, E. F. and L. M.,] to be the executors of 
 this my last wiU and testament, hereby revoking all former wills by 
 me made. 
 
 § 1064. Devise to Executors in Trust, with Power to Sell, dc. 
 
 I give and devise all my real and personal estate, of what nature 
 or kind soever, to E. F. and L. M., the executors of this my last will 
 and testament, hereinafter nominated and appointed, in trust, for the 
 payment of my just debts and the legacies above specified, with 
 power to sell and dispose of the same, at public or private sale, at 
 such time or times, and upon such terms, and in such manner, as 
 to them shall seem meet; provided, however, that no part of my real 
 estate, as aforesaid, shall be sold at public- auction, until after the 
 expiration of three years from the time of my decease. 
 
 § 1065. Disposition of the Tuition and Custody of Minor Children. 
 
 And I do hereby dispose of and commit, the tuition and custody 
 of my children, M. B., U. B. and F. B., and every of them, for such 
 time as. they or any of them respectively continue unmarried, and 
 
WILLa 591 
 
 under the age of twenty-one years, unto my ■wife, E. B., provided 
 she remains my widow ; but if she shall die or marry, during the 
 single life and nonage of any of my said children, I hereby dispose 
 of and commit their tuition and custody to my executors, her«inafter 
 nominated and appointed. 
 
 § 1066. Provision in a Will for a Child, Born After the Deaih of 
 the Testator. 
 
 I give and bequeath to my wife, E. B., the sum of , in 
 
 trust for any child, or children, by me begotten, which may be bom 
 of her subsequent to the time of my decease ; which said sum of 
 money is to be paid to such child, or divided equally between such 
 children, when he, or she, or they, shall have arrived at the age of 
 twenty-one years. 
 
 § 1067. Provision for Qhildren Born After the Execution of 
 a WUl. 
 
 I give, bequeath and devise, all the rest, residue and remainder, 
 of my real and personal estate, to my children now living, or who 
 may be living at the time of my decease, to be divided equally 
 between them, share and share alie. 
 
 § 1068. The same, in Another Form. 
 
 I ^ve and bequeath to each and every of my children bom subse- 
 quent to the execution of this my last wUl and testament, the sum 
 of dollars, to be paid in the same manner as the other lega- 
 
 cies hereinbefore mentioned. 
 
 § 1069. Devise of an Estate for Life to one Person,- and Rever- 
 sion to Another. 
 
 I give and devise all my real estate, of what nature or kind soever, 
 to my wife, E. B., \or, to my friend, L. M.,] to be used and enjoyed 
 by her, \or, him,] during the term of her \or, his] natural life ; and 
 from and immediately after her \or, his] decease, I give and devise 
 the same to my friend, S. T., his heirs and assigns, forever. 
 
593 NEW CLERK'S ASSISTAirr. 
 
 § 1070. Devise to Trustees, Dunne/ a Jjife, or Idves. 
 
 I ^ve, bequeath and de-vise, all my real and personal estate, of 
 what nature or kind soever, to E. F. and G. H., the executors of this 
 my last will and testament, hereinafter nominated and appointed, in 
 trust, for the payment of my just debts, and the legacies and charges 
 upon the said estate hereinafter specified, to be held and possessed 
 by them, for the purpose aforesaid, for and during the natural life of 
 L. M., of the town of , and State of , and for and 
 
 during the natural Ufe of E. M., infant scm of the said L. M. ; and 
 from and after their decease, and the decease of each of them, I give, 
 b3queath and devise, my said estate, to my son, C. B., his heirs and 
 assigTis : And I do hereby order and direct, that during the continu- 
 ance of the said trust estate, as aforesaid, there shall be annually 
 paid out of the net income and profits thereof, the sum of 
 to my wife, E. B., in heu of all dower, or right of dower, in and to 
 my said estate; the sum of to my son, C. B. ; and the sum of 
 
 to my daughter, M. B. ; and that the rest, residue and a-e- 
 mainder, of the said net income and profits, shall be divided equally 
 between my said executors, in lieu of compensation for their services 
 b the execution of the, said trust. 
 
 §,107l. Devise of an Annuity. 
 
 I ^ve, devise and bequeath, to my wife, E. B., and her assigns, 
 for and during the term of her natural life, one annuity, or clear 
 yearly rent, or sum, of , free of all taxes and other de- 
 
 ductions, to be issuing and payable out of the real estate above de- 
 vised to my son, C. B., in equal half yearly payments, at , 
 on the day of January and July, in each and every year as 
 aforesaid ; and I do hereby charge and subject the said real estate 
 with and to the payment of the said annuity, yearly rent, or sum, of 
 , at the times and in the manner aforesaid; fully empower- 
 ing and authorizing, my said wife and her assigns, provided the said 
 annuity, or* any part thereof, shall remain unpaid after the expiration 
 of twenty days from the time when the same shall be due and pay- 
 able as aforesaid, to enter into all and singular the premises charged 
 with the annuity as aforesaid, and the rents, issues and profits there- 
 of, to receive and take, until she and they be therewith and thereby, 
 or by the person or persons then entitled to the immediate posses- 
 sion of the premises, paid and satisfied the same and every part 
 thereof, and aU the arrears then due and payable, together with her 
 and their costs, damages and expenses, paid out and sustained, by 
 reason of the non-payment thereof, or of any part thero£ 
 
INDEX. 
 
 ^■—^■^^s^- 
 
 ABSTRACT— 
 
 of claims audited by town auditors. 
 ACCOUNTS- 
 
 6ee " TOWN AUDITORS." ^ 
 
 ACKNOWLEDGMENT AND PROOF OF DEEDS, Ac- 
 practical remarks, —__«„„—..„■..„..„_«■ Wl 
 
 by a single party, known to the officer, . ........... 13 
 
 by asingle party, proven to the officer, . . ....... B 
 
 by husband and wife, different forms,.... . 12, 13 
 
 by two husbands and their wives, ... . 13 
 
 by wife in a separate certificate, . . 13 
 
 by several parties, . . 14 
 
 by one of several parties, .. . . .. H 
 
 by an attorney, different forms, . 14, 15 
 
 by an executor, or trustee, . .... .. . 1& 
 
 by a sheriff, - . . .._.- 16 
 
 by a deputy sheriff, 16 
 
 by a party to confirm deed executed during mtancy, .... 16 
 
 by subscribing witness, 16, 17 
 
 by subscribing witness as to the husband, ana acknowledgment 
 
 by the wife, . . . 17 
 
 by subscribing witness to deed executed by an attorney, . 18 
 
 proof of deed where subscribing witnesses are dead,-... 18 
 
 proof of deed executed by a moneyed corporation, .... Id 
 
 the same by a religious corporation, .......... 19 
 
 acknowledgment in New England States,.. . . . 20 
 
 acknowledgment in Pennsylvania........... .... 20 
 
 acknowledgment in Michigan,.... . .. 20 
 
 acknowledgment in Ohio, ...... . 21 
 
 acknowledgment in Illiaois,... . . 21 
 
 acknowledgment in Indiana, ... ...... . .. ttt 
 
 acknowledgment in Alabama, 21 
 
 aatisfaction of mortgage and acknowledgment, . ..... 2if ^24 
 
 satisfaction of judgmentand acknowledgment, ._ Q4,2S 
 
 application for subpoena to compel attendance of subscribing 
 
 witness to a conveyance, and accompanymg forms, 25, i6, 27 
 
 forms of oaths on taking acknowledgments, or proving deeds, 
 
 &c., - 27 
 
 ' ftckiiowledgment of pension voucheif. 
 
 acknowledgment of notice of exemption of homestead,.... ... 996 3N 
 
594 
 
 INDEX 
 
 ADMINISTRATORS- paob . 
 
 fees of, ........ —-_.—„.. -—..-....-.„._ ..^ 246 
 
 deed from,.___._.________.„.. „„„...... „„„„.,.,_.„.. 162 
 
 satisfaction of mortgage by, ... , ..... „ 22 
 
 description of in suit, , 343 
 
 ADVERTISEMENT OF SALE— 
 
 4)n a chattel mortgage, . .. „ ' 120 
 
 of town Buperintendent of common schools. . ... 528 
 
 of collector of school district, . 639 
 
 of constable, . ._. , . . 560 
 
 where stray is not redMrned............. . . 563 
 
 on foreclosure of mortgsee oi real eetate, 184 
 
 AGREEMENTS AND CONTRACTS— 
 
 practical remarks, , . 28,29 
 
 general form of an agreement, , 30 
 
 agreement for the sale and purchE^e of personal property,.... 30 
 
 for building a house,..., „ 30 
 
 for re-building mills, ... SI 
 
 for making flour barrels, . . 32 
 
 for the sale of wood, or stone, . 32 
 
 for the sale of stock in grocery store,. ..^_.... _..........__... 33 
 
 for engraving maps, 34 
 
 to freight sloop, or canal boat, ._—__...._. _-..—._._... 34 
 
 to sell shares of stock in an incorporated company, % 
 
 agreement of barter, ........ ...... .... ......... 36 
 
 for towing line of canal boats, 36 
 
 to cultivate land on shares, ^... 37 
 
 to sell the copy right in a book, . 38 
 
 to sell and assign bond and mortgage, 38 
 
 to change mortgage security, . 39 
 
 respecting party wall, . 40 
 
 agreement of purchaser at auction sale, _-_--._-.__.--.... 41 
 
 with a clerk or workman, . 42 
 
 agreement or subscription for raising money to build a church 
 
 or bridge, 42 
 
 with a mason for plastering, laying brick, &c., ., 42 
 
 contract for the sale of land; 43 
 
 contract for the sale of land, executed by an attorney,.... ..... 44 
 
 contract for the sale of land, with special covenants, 44 
 
 bond for performance of a contract, . 130 
 
 agreement as to damages on laying out highway, . 301 
 
 agreement for lease, 388 
 
 agreement between housekeeper and lodger............... . 390 
 
 see "AssiGNMENTa," '^ Bills of Salb and Chattel Mort- 
 gages," " Covenants," and " Landlord and Tenant." 
 APPRENTICES AND SERVANTS— 
 
 practical remarks, 45-48 
 
 apprentice's indenture, 49 
 
 forms of consent of father, mother, guardian, &c.,.._...— ... 50 
 
 agreement of father binding himself to pay damages, 51 
 
 the same, indorsed upon the indenture, 5\ 
 
 servant's indenture, 52 
 
 contract to bind a minor coming from a foreign country, and 
 
 acknowledgment,., 62,63 
 
 assignment of the foregoing contract and approval, . GS 
 
INDEX. ^ 595 
 
 APPRENTICES AND SERVANTS- paob. 
 
 consent to bind Indian child, .— .. ..._..._-. . 63 
 
 complaint by master against apprentice for refusing to serre, 
 
 and accompanying forma, - - 64, 65 
 
 complaint against apprenitce for a misdemeanor, and accom- 
 panying forms, . 66, 60 
 
 discharge of the apprentice from eervice, and of the master 
 
 from his obligation, . 66 
 
 complaint of apprentice for cruelty and misusage, and accom- 
 panying forms, - - 67,58 
 
 complaint by apprentice where money has been paid, and ac- 
 companying forma, 68,59 
 
 complaint by master where money has been paid, and accom- 
 panying forma, . 60, 61, 62 
 
 ARBITRATION AND AWARD— 
 
 practical remarks, . . . .... 63 63 
 
 special submission to arbitration, .. . 66 
 
 general BubmiBsion,„_-._ ...-__...__..__..__.._..... ........ 66 
 
 short form of general submission, _...._...__. _..-..-._.__. 66 
 
 clause for judgment, 67 
 
 arbitration bond,..__.. _. —__„-_...___.„..__—.. 67 
 
 condition of bond on a special subnusaion, . ..... 68 
 
 notice to arbitrators to fix time for hearing, &c., 68 
 
 oath of arbitrators, . .. 68 
 
 notice of hearing, 63 
 
 oath on application forsubpcena, 69 
 
 Eubpcena before arbitrators, . . . 69 
 
 oath of witness, m 69 
 
 revocation, . . . 69 
 
 notice of reTOcation,__. ._......._.._.. ._._.„. ........ 69 
 
 award, 70 
 
 release executed in pursuance of an award, . 71 
 
 affidavit of execution of bond, .. 71 
 
 affidavit of execution of award, ..... .. 71 
 
 ARBITRATORS— 
 
 feeaof, .*- 237 
 
 see " Aebitration and Award." 
 
 ASSAULT AND BATTERY— 
 
 warrant for, and other forms................................. 361, 362 
 
 ASSESSORS- 
 
 oath of office, ............. ..... ^0 
 
 fees of, 233 
 
 fees as fence viewers, _ 246 
 
 duties of, as fence viiewers, and forms, . ....... 260-266 
 
 duties of, in assessment of taxes,.... ..-.....___..... ......... 673-676 
 
 assessment roll.............. 576 
 
 notice of completion of assessment, ..................... 677 
 
 affidavit to reduce tax, 677 
 
 certificate to assessment roll,.... ... ............ 678 
 
 see "HlQHWATB." 
 
 ASSIGNEES— 
 
 description of in suit, ..... ........ 343 
 
 complaint by, in justices' courts, .-.««.....• 351 
 
 see "' AssisNUENTS.* and " Juscioes' Courtb." 
 
596 INDEX. 
 
 ISSIGI^MENTS- PAOS 
 
 practical remarks, . . 72, 7i 
 
 general form of ajisigmiient to be indorsed on an ioBtrument,.. 74 
 
 by a firm for the tienefit of creditors, . 74 
 
 general assignment, . . , 76 
 
 assignment of bond, . 77 
 
 of indenture, . . 53 
 
 of judgment, different forms, . 77,78 
 
 of bond and mortgage, different forms, 79. 80 
 
 of bond and mortgage, as collateral security, 60 
 
 of a lease, different forms, .. 80,81 
 
 of contract for the sale of real estate, different forms, 81, 82 
 
 of a bail bond, . . 82 
 
 of partnership property, by one partner to another, ... 82 
 
 by a sheriff to his successor in office, ....... 83 
 
 of a debt, or wages, . . . 84 
 
 of policy of insurance, . ... 85 
 
 of policy of insurance as collateral security, ___._...___.__... 65 
 
 of insolvent debtor, .......... 213 
 
 under non-imprisonment act,_-_. _...._-.-._...-.. ............ 218 
 
 of dower, 226 
 
 of patent, different forms, '. . 447,448,449 
 
 release of creditor named in an assignment, ..... . . 611 
 
 ATTACHMENT— 
 
 see "Justices' Courts," and "Sbrvicb and Return or Pro- 
 
 OBSS." 
 
 ATTORNEY— 
 
 aclmowledgment by, different forms,. . 14, 15 
 
 contract for the sale of land by, . — ... 44 
 
 bond and warrant of attorney, .... .................... • 127 
 
 see " Pension Vouchers," and " Powers of Attorney." < 
 
 AUCTIONEERS— 
 
 conmussion of, ..... . . .. . ... 238 
 
 bond of, 1 - 89 
 
 see "Auctions." 
 
 AUCTIONS- 
 
 practical remarks, ..... . — ...................... 86,87, 83 
 
 agreement of purchfuer at an auction sale,-.............^-.... 41 
 
 auctioneer's bond, and certificate of approval, . 89 
 
 certificate to copy, . ......... S9 
 
 oath of co-partner, or clerk, . . — ...... 90 
 
 oath on exhibiting semi-annual account, ... 90 
 
 certificate of board of port wardens, ...... 91 
 
 affidavit of president of insurance company, ................. 91 
 
 AUDITORS- 
 
 see " Town Auditors." 
 
 BANES AND CORPORATIONS— 
 
 practical remarks, ..... ................. — ...... 92-91 
 
 transfer of stock, .-..•«« ... 94 
 
 power to transfer, . . ............ 95 
 
 proxy, - - 95 
 
 affidavit of stockholder, . . 95 
 
 inspector's oath, 95 
 
 oath of stockholder when challenged, . .. 96 
 
 oath of proxy, u... — ..._..., 96 
 
 affidavit to statement of unclaimed dividends, &c., . 9£ 
 
INDEX. * 597 
 
 BANES AND CORPORATIONS- PAoa. 
 
 power to receiriB dividend, . . — ................ 96 
 
 certificate or association formed unaer general banking law, and 
 
 proof, - — — 97 
 
 certificate of the formation of a manufacturing corporation,... 99 
 
 certificate of incorporation of an Episcopal church, — 9S 
 
 certificate of incorporation of other religious societies, . 99 
 
 deed from corporation, , - 159 
 
 bond to corporation, . . . 1^ 
 
 mortgage by corporation, . ... 179 
 
 mortgage to corporation,'. .. 180 
 
 proof of deed executed by, ....... 19 
 
 jatisfaction of mortgage by, . 21 
 
 bond of an officer of a bank, or company, . 123 
 
 triennial report of a religious corporation,.— .__.__.......... 100 
 
 application to mortgage or sell real estate of religious corpora- 
 tion, 101 
 
 order of court on application, . 101 
 
 BE06ARS- 
 
 see "Poor Laws." 
 
 BILLS OF EXCHANGE AND PROMISSORY NOTES- 
 
 practical remarks, 102,103,104,105 
 
 bill of exchange, - 105 
 
 a set of bills,.... .................. .......... 106 
 
 promissory note, negotiable, , 106 
 
 promissory note, joint and several, - 106 
 
 promissory note, not negotiable, 106 
 
 promissory note, payable on demand, 107 
 
 promissory note, payable at bank, 107 
 
 promissory note, payable in installments, 107 
 
 promissory note, payable in specific articles, . 107 
 
 memorandum note formoney, . ................. 107 
 
 promissory note, with surety, . ....... ..!...■ 107 
 
 due bill for goods, * . ._ 108 
 
 orders, difierent forms, 108 
 
 guaranty of payment, ..._...._....... 108 
 
 guaranty of collection,.... ............................... 103 
 
 protest of bill for non-acceptance, 103 
 
 protest of bill or note for non-payment,.... . ........... 109 
 
 notice of protest, difierent forms, . 110 
 
 certificate of service, . 110 
 
 general form of a notarial certificate, > . 110 
 
 BILLS OF SALE AND CHATTEL MORTGAGES— 
 
 practical remarks, ...................-......_............. 110 il4 
 
 common bill of sale, ..................................... . 6 
 
 bill of sate, in consideration of maintenance, . ... 115 
 
 bill of sale of a registered or inroUed vessel, . 116 
 
 chattel mortgage to secure a debt, diflbrent forms, 117, 118, 119 
 
 chatile mortgage to secure a note, 113 
 
 chattle mortgage to secure indorser, 118 
 
 chattle mortgage requiring sale to be made, 113 
 
 conditional clause asto possession......... 119 
 
 renewal of chattel mortgage, 120 
 
 notice of saile on chattel mortgaj;e . 120 
 
 agreemen*.of tenant and pledgsof property,.........-...—... 386 
 
 lease and chattle mortgage, 389 
 
 •ee"FEES OF Officers." 
 
598 
 
 INDEX. 
 
 BONDS- PAOH. 
 
 practical remarks, . . „ . 121, 122 
 
 assignment of, . 77 
 
 common bond, :.__ 123 
 
 bond of two obligors, .„ , -„—__-_„■__„.„ 123 
 
 bond— several payments, 123 
 
 bond, with interest condition, 124 
 
 bond to a corporation, 124 
 
 bond to executors, 124 
 
 legatee's bond, -_ . 125 
 
 the same before suit, 126 
 
 indemnity bond to sheriff, 126 
 
 bond and warrant of attorney to confess judgment, 127 
 
 bond to execute a conveyance, 127 
 
 bond to discharge a bond and mortgage, 123 
 
 bond of an officer of a bank, or company, -__., 12S 
 
 bond of indeomity, to a surety, J 129 
 
 the same on paying lost note, _ _ ——_-_.____ 12$ 
 
 bond for performance of a contract or agreement, 130 
 
 bottomry bond, .„ , 130 
 
 bond of sheriff and his sureties, . „ 430 
 
 bond of deputy sheriff, 430 
 
 constable's bond, j 430 
 
 bond of commissioner of highways, 284 
 
 town euperiniendent's bond, .— __ „ 524 
 
 bond of collector of school district, 538 
 
 bond on obtaining license, „. 233,234, 235 
 
 bond of town collector, 678,579 
 
 arbitration bond, 67 
 
 auctioneer's bond, .___. 89 
 
 county superintendent's bond, 473 
 
 general form of an official bond,, 431 
 
 bond on appeal to supreme court in proceeding for the admea- 
 surement of dower,- _1 ___ 229 
 
 security on obtaining warrant, or short summons, in justices' 
 
 courts, _ 344 
 
 bond on obtaining an attachment in justices' courtB,-„.__.._. 346 
 
 bond on adjournment in justices' courts, different forms, 343 
 
 recognizance, 379 
 
 security for rent, 385 
 
 the same on proceeding for non-payment of rent, 400 
 
 bond by tenant on appeal, „ ____. 404 
 
 bond on appeal from justices' proceedings where premises are 
 
 vacated, 407 
 
 bond where property has been seized for the support of indi- 
 gent relatives, 476 
 
 bond on adjournment in case of bastardy, • 492 
 
 bond on order of filiation, . 493 
 
 bond on arrest in foreign county, in a case of bastardy, 496 
 
 bond to prevent removal of goods attached, . . 557 
 
 bond by claimantof property attached, . . . . 553 
 
 bond of indemnity to constable, ; 559 
 
 BRIDGE- 
 
 subscription to raise money to build, ....................... 43 
 
 Bee " HlQHWAYS." 
 
INDEX. 599 
 
 BROKERS- 9kau. 
 
 fees of, 288 
 
 lATTLE DISTRAINED DOING DAMAGE^ 
 
 see "Fenob Vibwbrs." 
 CERTIFICATE— 
 
 of the aalo of real estate on execution, ........«.«..«.•.•— 167 
 
 CHATTEL MORTGAGE— 
 
 see " Bills op Sale, etc." 
 
 CHURCHES- 
 
 eubscription to build, . . .................. 42 
 
 certificate of incorporation, ........ ........ 3B, 99 
 
 triennial report of religious corporation, ..................... 100 
 
 application to mortgage or sell real estate, .. . . .. 101 
 
 order of court on the application, . . lOJ 
 
 eee "Banks and Corporations." 
 CLERKS AND CRIERS— 
 
 practical remarks, , 132, 133 
 
 proclamations of crier, ._..- 133, 134, 135 
 
 forms of oaths, administered by clerk, 135, 136, 137, 138, 139 
 
 forms In cases of felony,.... _..__..._„. .......... 139 
 
 forms on a trial for a misdemeanor, - ....... ... 140 
 
 clerk's address on taking recognizances, 140, 141 
 
 calling constables, 141 
 
 clerk's entry on issuing an attachment against a witness,.. _..- 141 
 
 arraignment on an indictment.......... .................. 142 
 
 forms for taking verdicts, and polling juries, in criminal trials, 142, 143 
 
 forms for taking verdicts, and polling juries, in civil cases,... 143, 144, 145 
 
 entry of verdict, .. „ . . .._.....- 143 
 
 entry of verdict with assessment of persohal property......... 143 
 
 entry of judgment, .. 143 
 
 entry of judgment on submission, ... 145 
 
 certificate of money paid into court by sheriif,.. .............. 145 
 
 confession of judgment without action, ... 145 
 
 affidavit verifying confession, 145 
 
 confession to secure against contingent liability,.... ..._._.... 146 
 
 entry of judgment on confession............. ........ ......... 146 
 
 certificate of filing notice of Lis Pendens, 146 
 
 certificate to acknowledgment, or proof, of a conveyance....... i47 
 
 certificate of official character, , 147 
 
 transcript of judgment and certificate, . . . 147 
 
 ceritficate to copy of a record, or paper on iile, 148 
 
 certificate to transcript of justice's judgment, 148 
 
 see " Debtor and Creditor," " Fees op Ofpicerb," " Ferries," 
 
 *' Mechanics' and Laborers' Lien," " Natdbalization," 
 
 " Official Oath and Bond," and Schools." 
 CLERKS OF SCHOOL DISTRICTS- 
 
 eee "Schools." 
 
 CLERK OP SUPERVISORS— 
 
 fees of, , UO 
 
 COLI^CTORS OF SCHOOL DISTRICTS— 
 
 fees of, 251 
 
 bond of, B38 
 
 notice /hat he will receive taxes,... .... -.— S39 
 
 notice of levy and sale, 68* 
 
600 
 
 INDEX. 
 
 COLLECTORS OP TOWNS— 
 
 feea of, ............. .......................... 
 
 notice of Bupervisor to, .................................. 
 
 bond of collector, ..................... 
 
 notice that taxes will be receired, ....................... 
 
 Bee " Taxes." 
 COMMISSIONERS OF DEEDS- 
 
 fees of, . ......«..«..........•■._«._..._ 
 
 see "Acknowledgments, bto." 
 
 COMMISSIONERS OF EXCISE— 
 
 fees of, ............................... ..... 
 
 Bee "Excise." 
 COMMISSIONERS OF HIGHWATS- 
 
 -oatb of office, . 
 
 fees of, . . . 
 
 fees as fence viewers, 
 
 bond of, . 
 
 appointment to fill vacancy, '. * , 
 
 duties of as fence viewers, and forms, . 
 
 see " Highways," and " Strays." 
 COMMISSIONERS OF LOANS- 
 
 fees of, .......................... 
 
 COMMISSIONERS IN PARTITION— 
 
 fees of, .... ....... 
 
 deed by, ....................... 
 
 COMMISSIONERS TO ADMEASURE DOWER— 
 
 fees of, . . . .......................... 
 
 see "Dower." 
 COMMON SCHOOLS- 
 
 see "SoHOOLS." 
 COMPLAINT— 
 
 see "Affsentioes and Sekvahts," ■■ BisHWATS," "JnsTiOM' 
 Courts," and " Poor Laws." 
 
 COMPOSITION— 
 
 with creditors, .... . ................................... 
 
 see "Debtor and Creditor." 
 
 CONSTABLES— 
 
 official bond,.... — ..... .............. 
 
 feea of, ... p 
 
 duties of in the execution of process from justices' courts,.... 
 
 returns on summons, . 
 
 the same on warrant, < 
 
 the same on attachment, .... . 
 
 copy of inventory on attachment, .. . 
 
 bond to prevent removal of goods attached, 
 
 bond by claimant of property, . . 
 
 indorsement of levy on execution, . .. 
 
 inventory to attach to execution, . — .... — 
 
 bond of indemnity to, .... — . .. 
 
 receipt of goods taken on execution, . 
 
 advertisement of sale, . — . . 
 
 returns on execution, o. 
 
 He "JosTiOEs' Courts," "Landlord and Tenant," Poor 
 Laws." and "Service and Return op Pbocbss.'- 
 
 PAO* 
 
 2S8 
 
 678 
 
 678,679 
 
 211 
 
 211 
 
 430 
 241 
 246 
 284 
 283 
 260-266 
 
 242 
 
 241 
 164 
 
 41 
 
 207 
 
 430 
 
 663-555 
 
 566, 656 
 656 
 
 666,667 
 667 
 567 
 668 
 658 
 659 
 669 
 6S9 
 660 
 
 660, 6C1 
 
INDEX. 601 
 
 CONVEYANCES BY DEED AND MORTGAGE— Ffcoa. 
 
 practical remarkB, i 149-164 
 
 Bimple deed} . .. ... ........ 155 
 
 quit claim deed, diflerent forms, . 155, 156 
 
 warranty deed, different forms, ... .. 156,157 
 
 full covenant deed, different forms, .. 167, 158 
 
 deed of land subject to mortgage, 159 
 
 corporation deed, ... ..... . . 159 
 
 deed of mortgaged premises, on foreclosure by adrertisement,. 160 
 
 deed by guardian, . ..... .._-..-... 161 
 
 administrator's deed...... ___....._.._._............ ......... 162 
 
 executor's deed, .-_...-._-..-..._...___.—.-...-........ 163 
 
 deed of commissioners in partition, ...... 164 
 
 deed with trust habendum clause, . . . 165 
 
 deed by trustees of an absconding debtor, . 166 
 
 sheriff's certificate of the sale of real estate on execution, 167 
 
 affidavit of redeeming creditor, 167 
 
 sheri^'s deed on sale under execution,... 163 
 
 sheriff's deed in partition, 169 
 
 sheriff's deed on foreclosure, 170 
 
 deed of aright of way,__. . 171 
 
 conveyance of right of way for plank road, ._. 466 
 
 release by supervisor and commissioners to plank road com. 
 
 pany, 467 
 
 deed of a water course, . 171 
 
 deed of confirmation, different forms, . 172, 173 
 
 lease andrelease, 173, 174 
 
 deed of exchange of lands, . 174 
 
 deed of pew in a church, -. 175 
 
 deed of gift, different forms, 272 
 
 agreement respecting party wall, ..... 40 
 
 mortgage, usual form, . ' .... 175 
 
 for part of purchase money, . ..... ... 176 
 
 with covenant to pay, .... I.. 176 
 
 with fire clause, . . — . . 176 
 
 with interest clause, . ....... .. 177 
 
 by husband and wife, . 173 
 
 by corporation, ^^..-.. . 179 
 
 to corporation, ,. . . . . 180 
 
 as security on note, ....... 180 
 
 to secure indorser,.. _ 181 
 
 to executors, 1S2 
 
 on lease by an assignee, 183 
 
 notice of sale on foreclosure of mortgage by advertisement, 184 
 
 affidavit of publication of the notice, 185 
 
 affidavit of posting, ,■ 185 
 
 affidavit of serving notice on parties interested, 186 
 
 affidavit of auctioneer, . ... 186 
 
 notice to accompany copy of notice of sale, .. . 19* 
 
 see "ACENOWLEnauENTSjETO.," "Assignments," "Covenants," 
 
 "Homestead Exemption Law," "Landlord andTbhaht." 
 
 and Receipt and Release." 
 
 CORPORATIONS— 
 
 see " Banks and Corporations." 
 
602 
 
 INDEX. 
 
 CORONERS- 
 
 practicalnmatka, ... .....—........ 
 
 fees of, - ............ . 
 
 ' oaths to be administered by a coroner, 
 
 inquisition, different forms, 190,191,192,193, 
 
 warrant to be issued by a coroner, 
 
 examinations before coroner, or coroner and jury, 
 
 annual statement to board of supervisors, ..... 
 
 30UNTY CLERKS- 
 
 fees of, . 
 
 see " Cleeks and Criers," "'Debtor and Creditor," " Fer- 
 ries," Mechanics' and Laborers' Lien," "Naturaliza- 
 tion," " Official Oath an4) Bond," and " Schools." 
 
 COUNTY JUDGE— 
 
 fees of, 
 
 see "Acknowledgments, etc.," "Debtor and Creditor," 
 " Dower," " Hiohways," " Landlord and Tenant," " Luna- 
 tics," and Flank Roads." 
 COUNTY SUPERINTENDENTS OF THE POOR— 
 
 fees of, ..* . 
 
 official bond, 
 
 see "Apprentices and Servants," "Poor Laws," and " Town 
 Auditors." 
 COCNTY TREASURER— 
 
 fees of, . . ... 
 
 warrant under act ol 1S46, ... .— . . 
 
 COVENANTS— 
 
 practical remarks, .... 
 
 general forms of covenants, . . 
 
 covenant of seizin, different forms,.... . 
 
 several covenant of joint grantors, 
 
 covenant against incumbrance, .- 
 
 for furtiier aesuranoe, . . 
 
 for quiet enjoyment, . 
 
 by tenant for life, and tenant in fee of the reversion, 
 
 mutual and dependent covenant, ........ 
 
 independent covenants, . . ...... 
 
 CRIERS— 
 
 fees of, ■- ... -" — .............. 
 
 see " Cleeks and Criers." 
 
 DEBTOR AND CREDITOIU- 
 
 practical remarks, . . .- — .....«-- 
 
 letter of license to a debtor, . ... -.- 
 
 composition witti creditors, -.- — — 
 
 petition of insolvent and his creditors under two-ihird act, 
 
 and accompanying forms, — 
 
 order for creditors to show cause, . 
 
 notice to be published, — 
 
 notice to be served, . — 
 
 proof of service, . 
 
 order for assignment, — 
 
 aissignment and acknowledgment, __.. . 
 
 oath of assignee, and notice, — - 
 
 certificate of assignee, and affidavit of executira, - 
 
 certificate of county clerk that assignment has been recorded,. 
 
 PASB. 
 
 188, iS9 
 243 
 190 
 
 194, 195 
 196 
 
 196, 197 
 197 
 
 an 
 
 34f 
 473 
 
 680 
 
 198, 199 
 199,200 
 200 
 200 
 200,201 
 201 
 201 
 201 
 202 
 203 
 
 246 
 
 203-206 
 
 206 
 ;207 
 
 208,209 
 211 
 211 
 212 
 212 
 212 
 213 
 214 
 
 214,215 
 2ia 
 
INDEX. 
 
 603 
 
 DEBTOR AND CREDITOR— paob. 
 
 dlschargeof insolTent, . ................... . . 215 
 
 petition under non-imprisonment act, after suit commenced, 
 
 and accompanying forms, . . 21G, 217, 213 
 
 order for assignment,.... _...__..__..__.._„..._-._.. _..-.—. 21S 
 
 assignment and certificate, . 218,219 
 
 discharge, .„...-.._...„..... — _.— _- 219 
 
 affidavit on application for appointment of trustees of the estate 
 
 of a debtor confined for crime, 220 
 
 appointment of trustees and oath, 290, S2l 
 
 see " Receipt and Release." 
 DEEDS— 
 
 see "AOREBUENTS AND CONTRACTS," " CONVETAHGBS BT DEBD 
 
 AND Mortgage," and "Gifts." 
 
 DISORDERLY PERSONS— 
 see " Poor Laws." 
 
 DISTRICT CLERKS- 
 
 aee " Schools." 
 DISTRICT COLLECTOR— 
 
 see "Collectors of School Districts." 
 
 DOWEI^- 
 
 practical remarks, _„ . 222-226 
 
 assignment of dower, . „ 225 
 
 release of, .„„._._...._.__ 326 
 
 petition for iidmeaaurement of,_ 226 
 
 notice to annex to petitions, . , 227 
 
 notice by heirs, or owners,— 4 .— 227 
 
 petition for admeasurement by heirs or owners, ........_..... 227 
 
 order for admeasurement, -..— - 227 
 
 oath of commissioners,...- ............................ 223 
 
 commissioner's report, ....... ...-.._—...— _..... 223 
 
 appeal to supreme court, and bond, .......... 220 
 
 see "Husband and Wipe," and "Wills." 
 DRUNKARDS— 
 
 see " Poor Laws." 
 
 DUE BILL— 
 
 form of, for goods, . . ................ 108 
 
 EXCHANGE— 
 
 see "Bills of Exchange," etc., and " Convetanoes," etc. 
 
 EXCISE— 
 
 practical remarks, 230,231 
 
 notice of special meeting of board, . 232 
 
 form of minutes of board of excise, 232 
 
 license to tarem keeper to sell spirituous liquors, . 233 
 
 bond of taTem keeper, 233 
 
 license to tavern keeper under act of 1843, 234 
 
 bond on obtaining above license,.... 234 
 
 grocer's license....... '........... ............ .. 231 
 
 grocer's oond,.. ............ ............. 236 
 
 see " Poor Laws." 
 EXECUTION— 
 
 see "Highways," Justices' Courts," "Landlord and Ten- 
 ant," "Mechanics' and Laborers' Lien," "Poor Laws," 
 '"Service and Return of Process," and "Taxes." 
 
604 
 
 IlfDEX. 
 
 EXECUTORS— f A 
 
 fees of,.»...... 245 
 
 nomination of in will,-.... ...... ................. 590 
 
 bond to, . ....... 124 
 
 deed from, .......... . — .... 163 
 
 mortgage to, 182 
 
 acknowledgment by, . . 15 
 
 satisfaction of mortgage by, . . . . , 22 
 
 description of suit, j .. 343 
 
 lease of legacy,.. . __ 513 
 
 legatees' bond, 125,126 
 
 EXEMPTION— 
 
 of homestead from sale on execution, . 329-333 
 
 of personal property,... . 554 
 
 from taxes, . 573 
 
 waiver by tenant, i....... ...... 387 
 
 FEES OF OFFICERS— 
 
 practical remarks...................... 236, 237 
 
 arbitrator's fees, 237 
 
 auctioneer'a commission, 238 
 
 broker's fees, . 238 
 
 coimty clerk's fees, . 23S 
 
 clerk of the board of supervisors, 240 
 
 commissioners to take testimony in justice's courts, 241 
 
 commissioners to make partition, or admeasure dower......... 241 
 
 commissioner of deeds,.. . 241 
 
 commissioners of excise,..! 241 
 
 commissioners of highways, 241 
 
 commissioners to loan deposit fund, . 24S 
 
 constable's fees, . - 24? 
 
 coroner's fees, 243 
 
 county judges' fees, in special cases,. -...._ . ....... 244 
 
 county superintendents of the poor, . 245 
 
 county treasurer's fees, --.................—. ...._.. 245 
 
 crier's fees, 24€ 
 
 executor's and administrator's fees, .... .................. 246 
 
 fence viewer's fees, 246 
 
 juror's fees, ............ .._..........„...-.............. 246 
 
 justlcesof the peace, 247 
 
 notary's fees, j 243 
 
 overseers of the poor, . . 245 
 
 overseers of highways, .. . . .. 250 
 
 pound master's fees, . . 250 
 
 printer's fees, - 250 
 
 referees' fees, . . .... 250 
 
 register of deeds in the city of New York, 250 
 
 school district collector's fees, . .»— . 251 
 
 sealers of weights and measures, .!.. 251 
 
 sheriff's fees, 251 
 
 supervisor's fees, -_— - 254 
 
 surrogate's fees, - 255 
 
 surveyor's fees,. .„_.......... ......... ....... — ....... 257 
 
 town clerk's fees, ^ 258 
 
 town collector's fees, 253 
 
INDEX. 
 
 605 
 
 PEES OF OFFICERS- 
 
 trusteee of debtsn, 
 
 witnesseB' fees, —.-——-.—............,...,_..,........ 
 
 FENCE VniWERS— 
 
 practical remarks,. ....... ......... ............. 
 
 certificate where stray is not redeemed, ........ . .. 
 
 of charges for keeping strays, ..... . . 
 
 of value of fence built by an adjoining owner, . 
 
 on hearing disputes between owners of adjoining lands,-...... 
 
 of damages where division fence is out.of repair, .. 
 
 where cattle are distrained doing damage,.. 
 
 certificate of consent to remove division fence, and notice,.... 
 
 certificate that sheep or lambs were killed by dogs, ........ 
 
 sea "Steayb." 
 
 FERRIES— 
 
 practical remarks, 
 
 application for a ferry,.. . ..... ...... 
 
 notice of the application, ......... ..... 
 
 recognizance, . . . .... . . ... 
 
 license, . . . ... 
 
 clerk's certificate, . .. .......... 
 
 FORCIBLE ENTRY AND DETAINER— 
 Bee "Landloro and Tbnant." 
 FORECLOSURE OF MORTGAGE— 
 
 notice of sale on chattel mortgage,.. . . . 
 
 advertisement of sale on foreclosure of mortgage on real estate, 
 
 affidavit of publication, . 
 
 affidavit of posting, -_.-. 
 
 affidavit of auctioneer, . . 
 
 notice to persons interested, . 
 
 deed on foreclosure, . . . 
 
 GIFTS— 
 
 practical remarks, ..... .... 
 
 deed of gift of personal estate, . .... 
 
 the same, of real estate, 
 
 GRANTS— 
 
 see "CONVBYANOES BY DEED AND MORTOAQB," " GlFTB,'' and 
 
 "Landlord and Tenant." 
 GUARANTT- 
 
 see " Bills of Ezohanob and Pbouissory Notes." 
 
 GUARDIAN— 
 
 deed by,^ 
 
 BIGHWATS— 
 
 practical remarks, . ... ....... 
 
 appointment of commissioners to fill vacancy, 1... ..... 
 
 commissioner's bond, . 
 
 fees of commissioners, J 
 
 order for ascertaining road imperfectly described, or not re* 
 
 corded, .... 
 
 annual account to town auditors, . ..... 
 
 statement and estimate for supervisor, ..._. 
 
 notice of application to raise additional sum, . 
 
 order dividing town into districts, 
 
 appointment of overseer to fill vacancy, 
 
 •verseer's list, . . ... 
 
 FAaa> 
 
 •m 
 
 259 
 
 260-262 
 263 
 263 
 263 
 264 
 264 
 265 
 2ES 
 266 
 
 2*7,263 
 268 
 269 
 269 
 2?0 
 270 
 
 120 
 
 184 
 185 
 185 
 
 ise 
 
 187 
 160 
 
 271 
 272 
 
 161 
 
 374-283 
 
 283 
 284 
 241 
 
 286 
 
 286 
 287 
 2(» 
 
^^^^ INDEX. 
 
 fflSHWATS- 
 
 list of non-resident laiJcA, .—.„..^. _-..—. ., 
 
 asQeasment of highway labor, , 
 
 appeal to three judges by a non-reeident, 
 
 notice to commissioner of appeal, 
 
 commissioner's consent to work in another district, 
 
 overseer's warrant,—. _-____.._. . -„____,_»_,_._ 
 
 new assessment by overseer, _„ „.__„___- - 
 
 overseer's notice to agent of non-resident, 
 
 noiice to work incase of non-residents, - 
 
 assessment for a scraper,..— ——„._—_.„._„ ___„ 
 
 complaint against an overseer, and security, 
 
 assessment of persons omitted in the regular list, 
 
 appeal from assessment of overseer, 
 
 complaints for refusing to work, or furnish tiam, 
 
 summons for refusing to work, 
 
 tonviction on complaint, and warrant to collect fine, : 
 
 overseejr's list of non-resident lands for supervisor, and affida- 
 
 vit,"__.... „. „-__„_..-_ ._ 
 
 annual account of overseer, and oath,.. ..-...„.„_..... 
 
 application for alteration of a road, 
 
 consent of parties to accompany application,.... . 
 
 application to lay out new read, _——.—......„.... ... 
 
 order altering a highway, „ 
 
 release by owner of land, on laying out highway, 
 
 notice of application to lay out a highway, . 
 
 freeholder's certificate,. „ 
 
 notice to occupant, on application to lay out a highway, 
 
 order laying out highway, without the consent of the owner of 
 
 land, 
 
 agreement as to damages on laying out liighway, 
 
 application to county courts to appoint commissioners to assess 
 
 damages, _. ....... , 
 
 appointment of commissioners, _„ 
 
 notice to commissioners of their appointment, 
 
 oath of commissioners, 
 
 oath of witnesses before commissioners, 
 
 assessment of commissioners, .-........._ 
 
 notice of re-aesesament, .-_-..— ._-..._.._.., 
 
 notice to town clerk to draw jury......... ..... ...... 
 
 certificate of drawing jury, 
 
 summons of justice, 
 
 oath of jurors and witnesses, 
 
 verdict of jury, ....._.».... „.._.____,... 
 
 certificate of justice, 
 
 application to discontinue old road,... .... .. 
 
 oath to freeholders, ................_.,.........._... 
 
 certificate to discontinue, 
 
 orUer discontinuing road, 
 
 appeal to county judge from the determination of a commia* 
 
 sionei, . ...... ........— .... ._.— 
 
 EDpomtmentof referees by county judge....... 
 
 appomtment of referees by a justice of the sessions, 
 
 notice to referees of their appointment, 
 
 notice by referees to the commissioner, 
 
 notice to appellant, or applicant, 
 
 subposna on an appeal, . . 
 
 PAOE. 
 
 287 
 
 290 
 290 
 291 
 291 
 291, 292 
 292 
 
 294 
 
 294, 295 
 
 295, 296 
 296,297 
 
 297 
 
 298 
 299 
 299 
 299 
 300 
 
 300 
 301 
 
 30? 
 
 302 
 
 302 
 
 303 
 
 303 
 
 303 
 
 304 
 
 304 , 
 
 305 
 
 305 
 
 305 
 
 306 
 
 306 
 
 306 
 
 307 
 
 307 
 
 307 
 308 
 308 
 309 
 309 
 309 
 310 
 
INDEX. 
 
 607 
 
 HienwAYS- 
 
 oath of referees and witness, .. ......... . 
 
 decision of referees on on order in relation to altering or dis< 
 continuing a road, .... 
 
 decision on order refusing ts lay out a road 
 
 notice to remove fences, after a final decision, . 
 
 order to remove fences, in a case of encroachment, and notice 
 to occupant, . — . . 
 
 precept to summon freeholders in a case of encroachment, and 
 other forms on the inquiry, •- 
 
 warrant to collect costs in a case of encroachment, 
 
 order of commissioners of adjoining towns for laying out high- 
 way, 
 
 application for a private road, and notice to the occupant,—. 
 
 notice to town clerk and persons interested for re-assessment,. 
 
 aOLDING OVER BY TENANT— 
 
 see " LANDLonn and Tshaht." 
 
 HoneE— 
 
 see "Lanolobd and Tenant," and "Town Hoi;bsb." 
 
 HUSBAND AND WIFE— 
 
 practical remarks, . — . — ..... 
 
 short form of marriage,.. . ...... 
 
 marriage certificate, . 
 
 certificate of proof, or acknowledgment, 
 
 oath of witness to a marriage, or to a certificate, 
 
 marriage articles, 
 
 settlement in contemplation of marriage, .. . 
 
 ante-nuptial agreement, 
 
 jointure, in lieu of dower......... ... . 
 
 articles of separation, .... ............. 
 
 see " Dower," and " Wills." 
 
 INSOLVENT LAW— 
 
 see "Debtor and Orboktor." 
 
 JUDGMENT-^ 
 
 satisfaction of, ......... ...... 
 
 release of real estate by judgment creditor, ......... .. 
 
 aseigmnent of judgment, .... . . 
 
 HOMESTEAD EXEMPTION LAW— 
 
 practical remarks, ... . 
 
 clause in a deed of property.to be exempt, .. 
 
 notice to county clerk and acknowledgment, 
 
 release or waiver of exemption, 
 
 oath to jurors by BherilT, 
 
 certificate of jurors setting ofi* part of exempt premises, 
 
 certificate that property cannot be divided, 
 
 notice of the sheritT to debtor, . 
 
 JURORS- 
 
 fees of, . 
 
 see " Highwatb," " Jostices' CotiRTS," and " Landlord and 
 
 Tenant." 
 
 . JUSnCES' COURTS— 
 
 practical remarks, . 
 
 summons, 
 
 affidavit for short summons, difierent forms,.. . 
 
 description of parties suing in a particular character, .... 
 
 rAOB. 
 
 31C 
 
 310 
 311 
 311 
 
 312 
 
 313, 314 
 311 
 
 31S 
 316, 316 
 316, 317 
 
 31&-322 
 322 
 322 
 323 
 323 
 323 
 321 
 326 
 327 
 
 21, 2E 
 612 
 
 77,78 
 
 329,330 
 330 
 
 330,331 
 331 
 331 
 332 
 332 
 333 
 
 316 
 
 331-341 
 342 
 313 
 343 
 
608 
 
 INDEX 
 
 JUSTICE? COURTS- paok. 
 
 affidavit for warrant in an action for wrong, ■„.« 343 
 
 the same, in an action on contract, .1 , 344 
 
 security on issuing warrant, or short summons, different forms, 344 
 
 warrant in a civil action 345 
 
 application for an attachment, and forms of affidavits, ... 346,346 
 
 bond on attachment, „— „ .—„ .„- 345 
 
 attachment, . ..... . .. 347 
 
 bond on adjournment, different forms, . .....___. 348 
 
 affidavit of justification of bail, 348 
 
 complaint in an action arising on contract, . . 349 
 
 complaint for injuring personal property, _... . 349 
 
 , complaint for breach of warranty, . . ........ 349 
 
 complaint for fraud or deceit,.—..... ................... 350 
 
 complaintfor conversion of personal property,.-... .... 350 
 
 complaint for injury to real property, . . 350 
 
 complaint by an assignee, „ . 351 
 
 answer of defendant,. ......._.......„........._„.. ........ 351 
 
 answer, with notice, .. * 351 
 
 oatl^ on application for adjournment, . ......._. • 352 
 
 examination of witness, on defendant's application for an ad- 
 journment, .- ..... ._ 352 
 
 subpcena, ..... .^ 852 
 
 subpoena, on application for an attachment.................... 353 
 
 subpoena for special sessions, 353 
 
 affidavit of service of subpoena, . . 353 
 
 oath to party proving service of subpoena, 354 
 
 , attachment for a witness,.. ........ .......... ............ 354 
 
 notice of the application for a commission, and necessary oaths, 354, 355 
 
 commisBion, and forms for the commissioner, .......^. 355,356 
 
 venire, and oath on objection to the service by a constable, 357 
 
 forms of oaths on the trial of a cause, . . ......... 357,358 
 
 written confession of judgment, and affidavit, 353 
 
 transcript of judgment,... ............. ..... ..... 359 
 
 execution, and renewal, , 359,360 
 
 complaint to obtain surety of the peace, and other forma on 
 
 application for peace warrant, 360,361 
 
 complaint for assault and battery, and vrarrant, 361, 362 
 
 general form of a warrant, ............................ 362 
 
 complaint for larceny and warrant, . 362, 363 
 
 complaint for murder, different forms, 363, 364 
 
 complaintfor poisoning, - 363 
 
 complaint against accessory after the fact,..............-.—. 364 
 
 complaint for arson, different forms, ....... . 365 
 
 complaint for setting fire to grain growing, . 366 
 
 complaint for manslaughter, : .. 366 
 
 complaint for killing an unborn child, different forms, 366 
 
 complaintfor rape, different forms, . 367 
 
 complaint for assault with intent to commit a rape, . 367 
 
 complaint for forcible abduction of female, .... 367 
 
 complaint for enticing away female under fourteen years...... 36S 
 
 complaint for mayhem or maiming, 368 
 
 complaint for child stealing, .. 36S 
 
 complaint for abandoning child, ... 369 
 
 complaint for shooting at with Intent to kill, ^.,... ... 369 
 
 complaint for ^sault with deadly weapon.................... 369 
 
INDEX 609 
 
 JUSTICES' COURTS— paob 
 
 complaint for poisoning food, 370 
 
 complaint for poisoning weU,__.. ..... . ............. 370 
 
 complaint for assault with intent to rob, ....... • 370 
 
 complaint for burglary, different forms,.... ........ ...... 371 
 
 complaint for constructive burglary, . .... . . 372 
 
 complaint for forgery, different forms, 372, 373 
 
 complaint for passing, or offering, counterfeit bank notes, . 373 
 
 complaint for counterfeiting, or altering, bank notes, . , 373 
 
 complaint for obtaining property by false token, or by falsely 
 
 personating another, . . 373 
 
 complaint for obtaining money or property, by false pretences, 374 
 
 complaint for robbery, . . .. 374 
 
 complaint for embezzlement, . . 374 
 
 complaint for receiving stolen goods, . . 375 
 
 complaint for perjury,.- 375 
 
 complaint for bigamy, ... 376 
 
 complaint for knowingly marrying another's wife, . 376 
 
 complaint for maliciously poisoning an animal, . .. 376 
 
 complaint for malicious trespass, or girdling trees, .. 376 
 
 complaint for procuring abortion, . . 377 
 
 complaint for making an affray, 377 
 
 complaint for cruelty to animals, 377 
 
 complaint for arout or riot, 377 
 
 complaint for selling unwholesome food, ■ 378 
 
 complaint for disturbing religious meeting, 378 
 
 complaint to obtain search warrant, and warrant, • 378, 379 
 
 oath of complainant, or witness, on a complaint, ... 379 
 
 recognizance in justices* courts, 379 
 
 record of conviction at special sessions......... ...... ... 380 
 
 commitment from special sessions, . 380 
 
 Me "Acknowledgments," etc., "Apprenticbs and Servants," 
 " Fees of Officers," " Highways," " Husband and Wipe,** 
 "Landlord and Tenant," "Official Oath and Bond," 
 "Pension Vouchers," "Poor Laws,'* "Service and Re- 
 turn OP Process,** " Town Auditors," and " Town Houses." 
 
 JUSTICES OF THE PEACE— 
 
 fees of, » aO 
 
 see"JbsTiOES' Courts." 
 
 ^.ABORERS— 
 
 see "Mechanics' and Laborers* Libn." 
 
 LANDLORD AND TENANT— 
 
 practical remarks, .... ............................ 381-386 
 
 landlord's certificate of renting,.... 385 
 
 tenants' agreement, ................... . ..... 835 
 
 security for rent, ......... .... . 3% 
 
 landlord's cerb ficatOr tenant not to underlet, &c., ............. 386 
 
 tenant's agreement not to underlet, ...... . ... 386 
 
 tenant's agreement and pledge of property, 386 
 
 landlord's certificate and tenant's agreement under exemption 
 
 act of 1842, 387 
 
 agreement for lease, ... .. 335 
 
 lease and chattel mortgage, 389 
 
 agreement between housekeeper and lodger, . 390 
 
 indenture of lease.......................... . ....... 391 
 
 39 
 
')10 
 
 INDEX. 
 
 LANDLORD AND TENANT— PAOC, 
 
 farming lease on shares, ........•..,.....»„„.._ 3S& 
 
 surrender of a term of years, ............................ 393 
 
 surrender of lease to the lessor, ..................... 364 
 
 conveyance by lease and release,....—...................... |73, 174 
 
 mortgage on lease, .......... ..„ 183 
 
 aasignment of lease, ..... ....... SO, 81 
 
 power of attorney to collect rents, . .......—... 504 
 
 notice to quit, by landlord,.. ._. . 394 
 
 notice to quit, by tenant, , 395 
 
 notice to quit, where commencement of tenancy is imcertain,.. 395 
 
 notice to quit or pay double value, ...... . 395 
 
 notice of intention to re-enter under law of 1846, . 396 
 
 affidavit of holding over, . . 396 
 
 Bununons to remove tenant holding over, and other forms ne- 
 cessary in this proceeding, .. ............. . • 396, 397 
 
 affidavit of default in paying rent,.... ................ 398 
 
 summons and other forms in preceding case......... . ... 398, 399 
 
 affidavit to oppose issuing warrant of removal.......... ._ 399 
 
 precept for a jury where the removal is opposed, and other 
 
 forms on trial before jury, .....__....... 399 400 
 
 eecurity for rent, on proceeding for non-payment....... ... 400 
 
 notice to remove, in case of tenancy at will................... 401 
 
 affidavit for summons against tenant at will, and other forms in 
 
 the proceeding to remove, . ..... .......... 401, 402 
 
 affidavit for appeal to county court,.... . . ..... ... 403 
 
 , notice of appeal... .. ....... . . ...» 404 
 
 undertaking an appeal, • . ..... — ... 404 
 
 petition and affidavit where premises are vacated,.... .„.. 405 
 
 notice and record of justice,. 405,406 
 
 bond on appeal, ...... . ...... 407 
 
 notices to justice and landlord, . ...... .......... 407 
 
 complaint for forcible entry, and affidavit................. . 4(B 
 
 precept to summon jury c^ inquiry, and other forms, 408,409,410 
 
 venire for petit jury in pxeceding case.............. .. .. 410 
 
 warrant to make restitution,.... ................... ...... ^ 41J 
 
 complaint for forcible detainer, or holding out, and affidavit,.. 412 
 
 see **AaKN0WI.BDaHBNT8," BTO. 
 
 LEASE— 
 
 forms of, 385, 386, 387, 380, 391,392 
 
 LEGACY— ^ 
 
 power to receive............................................. 604 
 
 release of, .... — ......... — ............................... £13 
 
 bequest of, in will........................................... 689 
 
 LEGATEE— 
 
 bond of, «. 125 
 
 the same before suit......................................... 126 
 
 power to receive legacy, ..... ........................ 604 
 
 release of legacy,— ....................................... 613 
 
 bequest of legacy in will,..........................„......« G89 
 
 LETTER OF ATTORNEY— 
 
 see *' Powers of ATToaHsr." 
 
 LIBRARIAN- 
 
 see "Schools." 
 
INDEX. 611 
 
 LICENSE— MBS. 
 
 letter of, to a debtor, .........w...«— ..«>.......... S06 
 
 of tarem keeper to sell spirituous liquors,.... ......... 233 
 
 of taTem keeper under act of 1613...... 234 
 
 grocer's license, ...... .............. 234 
 
 to keep ferry, .. . . ....... 2!Q 
 
 LIEN- 
 
 see "Bills of Sale," eto., " Landlord and Tenant," and 
 "Mechanics' and Labobbbs' Lien." 
 
 LUNATICS— 
 
 practical remarks, . . 413, 414 
 
 request to superintendent of the asylum, . . 414 
 
 certificate of ptiysicians, to accompany request, . . 414 
 
 application to county judge,' and affidavit.......... ... 415 
 
 order of judge on the application, ... 416 
 
 subpoena and other forms on the inquiry before the judge, . 416,417 
 
 warrant to confine lunatic, . . .. . . 465 
 
 MARRIAGE— 
 
 form for the ceremony of............. ..... . .... 322 
 
 certificate of marriage, . . ..... 322 
 
 acknowledgment, or proof, of certificatef . . ... . 323 
 
 oath of witness to a marriage, or certificate, . 323 
 
 articles of marriage, . 323 
 
 marriage settlement, . . 324 
 
 ante-nuptial agreement,. .......... ..... . ........ 326 
 
 jointure, in lieu of dower, . ...... ... 327 
 
 articles of separation,-...... ...... 328 
 
 Bee"DowEE," "Husband and Wife," and "Wills." * 
 
 MECHANICS* AND LABORERS' LIEN— 
 
 practical remarks, . .... . . — . 418,419, 420 
 
 notice of filing specification, .. .................. ^0 
 
 notice of filing contract,.... ........... ....... 420 
 
 notice to appear and submit to account, &o......... .... 420 
 
 notice to produce bill of particular of ofiset, ........... 421 
 
 statement by laborer and contractor,.... ....... 421 
 
 writ of inquiry from court,. . . 431 
 
 affidavit for execution,. ......... — . .... ........ 422 
 
 execution by county clerk, ..... 423 
 
 MORTGAGE— ^ «, « „. 
 
 satisfacUon of, 22,23, 24 
 
 bill of sale, different forms, .......... ........... 
 
 chattel mortgage, difierent forms................... .116, 116,117, 118, 119 
 
 renewal of chattel mortgage, — ................. — . 120 
 
 notice of sale on chattel mortgage, 120 
 
 mortgage of real estate, usual fomif.... ........ ............. 175 
 
 for part of purchase money.......... 176 
 
 with covenant to pay, ............... ........... 176 
 
 with fire clause,.-. .............. . ......... 176 
 
 with interest clause, ........ ..... .. — . 177 
 
 by husband and wife,................'.... ........ 173 
 
 by corporation...... — .. ...... — .. — *>.. 179 
 
 tc corporation,.- ................ ... ..... 180 
 
 as security on note,.. ..... ... .......... 180 
 
 to secure indorser, - IBl 
 
 to executors, .. . ... — 182 
 
 en lease by an assignee....... .*. - 1S3 
 
612 INDEX. 
 
 MORTGAGE— PAoa. 
 
 sssignment of, difl^ient forms...... .........-..-...-— ...... 79,80 
 
 lease and chattel mortgage, .............................. 386, 389 
 
 forms on foieclosura of, by adTertisement,..................lS4, 185, 186, 187 
 
 NATDRALIZATION— 
 
 practical remarks, ........ . — ............ 421 425 
 
 declaration of intention, and clerk^s certificate................ 425 
 
 oath of alien, . . .......... 426 
 
 affidavit of alien under eighteen at the time of his arrival,.... 426 
 
 oath to support constitution, &c.,-... . ............. 426 
 
 proof of good behavior, ,... — ...... 427 
 
 declaration of intention to become a citizen for three years 
 
 past, . 427 
 
 certificate of citizenship,.... . .. ......... 427 
 
 deposition of alien in order to hold real estate, — .........^ 428 
 
 NOTABY- 
 
 feesof, _ 249 
 
 forms of protests, notice, and certificate of service, ...... 108, 109, 110 
 
 general form of notarial certificate, . ............. — ... 110 
 
 NOTES— 
 
 forms of, 106, 107 
 
 OATH— 
 
 see "ClbSks ano Cbiebs," " Highways," "Jostiobs' Cooetb," 
 "Landlord and Tenant," "Opfioiai Oath and Bond," 
 and "PooB Laws." 
 
 OFFICERS- 
 
 see " Fees op Oppioebs," and " Opfioiai, Oath and Bond." 
 
 OFFICIAL OATH AND BOND— 
 
 practical remarks,.. ...... .........................>:.■ 429 
 
 official oath .............. 430 
 
 notice of acceptance of a town office,.... — ................. 430 
 
 constable's bond, ..... . .... . — ......... 430 
 
 sheriff's bond, 430 
 
 oath of sherifi''s sureties, . ...... ................ 431 
 
 bond of a deputy sheriff. . ..... . . — ...... 431 
 
 general form of an official bond.............................. 432 
 
 OEDERS— .„ 
 
 forms of,.... ................................. .«......«. lOR 
 
 OVERSEERS OF HIGHWAYS— 
 
 notice of acceptance of office,.........«......«.«....M«.».« 430 
 
 fees of, . 260 
 
 see "HiOHWATS." 
 
 OVERSEERS OF THE POOR— 
 
 oath of office................................................ 430 
 
 fees of, 219 
 
 see "APFBENTiaES and Sbbvants," and " Poor Law«." 
 
 PARTITION— 
 
 deed of commissioners,|....................«.»M.».M«M 164 
 
 deed of sheriff, '. 169 
 
 fees of commissioners, — ........ 241 
 
 PARTNERSHIP— ^„ „^ 
 
 practical remarks, .....•..—... — ........ 433 435 
 
 articles of co-partnership, general form....................... 436 
 
 the same, between country merchants.......... .......... 437 
 
 agreement to renew partnership............. ...■•■■•■.•■■..- . 439 
 
INDEX. 
 
 613 
 
 PARTNERSHIP— FAaa, 
 
 agreement of dissolution^................. ...... ............. 439 
 
 certificate of limited partnership,.... ................ 439 
 
 acknowledgment of the certificate,.^.... ........ 440 
 
 affidavit of general partner, . . 440 
 
 order for publication of notice,.. . 440 
 
 notice to be published,. ..... ......... 44t 
 
 PATENTS- 
 
 cractical remarks, ... . 442, 443, 444 
 
 petition for a patent, 444 
 
 specification, different forms, 444,445 
 
 oath to specification,.... __..-..-...-.........-.-.. -....--... 446 
 
 application for patent for a design....... ......... ............ 446 
 
 certificate of deposit of patent fee, .....__._..._.............. 447 
 
 withdrawal and receipt, : 447 
 
 surrender for re-iseue,. . 447 
 
 assignment of patent, different forms......... ....... ......... 447, 448, 449 
 
 disclaimer, . 450 
 
 caveat,...-. -..._..__.._.._.... 450 
 
 addition of new improvements,.. .-..p. ..... .......... 451 
 
 oath on restoring drawings, . 451 
 
 PENSION VOUCHERS- 
 
 practical remarks, ............. .............. 452, 453 
 
 afiidavit of pensioner, .. 454 
 
 magistrate's certificate, where pension has remained unclaimed 
 
 for fourteen months, ..... . ........... .... 454 
 
 certificate of the clerk, 455 
 
 power of attorney to draw pension, and acknowledgment,.... 455 
 
 oath of the attorney, 455 
 
 afiidavit of guardian of pensioner, 456 
 
 afiidavit by a widow, a pensioner, .... 456 
 
 afiidavit of a widow under act of 1813, . 457 
 
 oath of identity for the widow or child of a deceased pen- 
 sioner, 457 
 
 power of attorney for widow or child of deceased pensioner,.. 453 
 
 certificate of court to death'of pensioner, 453 
 
 evidence -where certificate is illegally withheld, . . 458 
 
 certificate of magistrate and clerk, .... 459 
 
 PLANK ROADS— 
 
 practical remarks, .. 460-464 
 
 notice of subscription, . . 464 
 
 articles of association, . 464 
 
 scrip certificate,... ........... — .-..............._. 466 
 
 afiidavit of amount of stock paid in, .. 466 
 
 notice of application to board of supervisors, . . 466 
 
 conveyance of right of way by owner, .... . 466 
 
 consent of inhabitants, . . 467 
 
 release of right of way by supervisor and cominissioners, . 467 
 
 acknowledgment of a survey,.. ..... . 463 
 
 notice to pay in installment, . . . 463 
 
 proxy, 95 
 
 notice of drawing .jury to assess damages, ... 468 
 
 notice of meeting of jury, ........ ^469 
 
 POOR LAWS— ^_ ^_ 
 
 practical remarks, . . .. < . 4?>473 
 
 bond of county superintendent,.. ..... ...... 473 
 
<>14 INDEX. 
 
 POOR tAWS- PAOB 
 
 application to compel the support of a poor relatirCf.... — .. 474 
 
 notice of the application, and affidavit of service, 474 
 
 warrant to seize goods of an absconding father, hiuband or 
 
 mother, and other forms in the proceeding, - 475, 476 
 
 order to discharge warrant aad restore property,... ...... 476 
 
 notice from one town to another to provide for the support of 
 
 a pauper,. ._,..___»__.._-„_„..„__-.___.., .... 477 
 
 notice that the settlement will be contested, and other forms, on 
 
 the trial before the superintendents, 477, 478 
 
 superintendent's notice that pauper will be supported at the 
 
 expense of a town, . 478 
 
 decision of superintendents on re-examining settlement, 479 
 
 certificate of superintendent that a person is a county pauper, 479 
 notice of hearing on the certificate, before the board, and other 
 
 forms on the investigation, 479. 480 
 
 order of overseer to remove pauper to county house, .......... 481 
 
 certificate of keeper of poor house for expense of removal,... 481 
 
 superintendent's order to expend over ten dollars, . 481 
 
 notice of improper removal of pauper; from another county,.. 481 
 
 a)inual report of the superintendents to the secretary of state, 482 
 supervisor's report for a town, where all the poor are not a 
 
 county charge, 483 
 
 complamt against a beggar, or vagrant, 483 
 
 warrant, record of conviction, and commitment on the same,.. 483. 484 
 
 warrant to commit a child to the county house, 485 
 
 consent by overseers to bind child, 50 
 
 warrant to confine a lunatic, ..._._.-...—............—.. 485 
 
 designation of habitual drunkard, and notice, 486 
 
 notice toovereer that the fact of drunkenness wilt be tried by 
 
 a jury, and other forms necesgary on the trial, 486, 437 
 
 ^ execution against the drunkard, 487 
 
 execution against the overseer, ,. 488 
 
 revocation of overseer where drunkard reforms,.-. ........... 488 
 
 complaint against a disorderly person, and recognizance....... 483, 489 
 
 discharge of disorderly person, - 489 
 
 jailer's report relative to disorderly persons, . . 489 
 
 application of superintendent, or overseer, in case of bastardy, 490 
 
 examination of mother, different forms, - ... 490 
 
 warrant to apprehend reputed father, and subpoena, .... 490 
 
 bond on adjournment, . 491 
 
 order of filiation on arrest in same county,.... 492 
 
 bond on order of filiation, 493 
 
 warrant to commit putative father, 494 
 
 warrant to release putative father from jail, . 494 
 
 indorsement on warrant to be executed in a foreign county,^.. 495 
 
 indorsement of justicein foreigncounty,.... ........ . .. 495 
 
 bond on arrest in foreign county, and certificate of discharge,. * 496 
 •rder of filiation in the absence of reputed father arrested in 
 
 foreign county, - 496 
 
 warrant to commit mother refusing to disclose name of father,. 497 
 Bummona where mother of bastard has property in her own 
 
 right -*. 498 
 
 •rder to compelmother to support bastard child, 498 
 
 warrant to commit mother for not executing bond,-.... _......., 499 
 
 wairanttosizee properly of absconding father, . 50C 
 
INDEX. 615 
 
 POOR LAWS- ^ PAflB. 
 
 order reducing sum in ihe order of filiation,.....,.. GOO 
 
 notices of application to the court of sessions to increase, and 
 
 reduce sum,.... 501 
 
 notice of appeal from order of filiation, ....... ......... 601 
 
 see "Afprentioes and Sbr7AI(ts.'* 
 
 POUND MASTERS- 
 
 feesof, S60 
 
 see "Strays." 
 
 POWERS OF ATTORNEY— 
 
 practical remarks,....—..... . ..... .. «... 602 603 
 
 general form of power of attorney, .......... 503 
 
 powei' to collect debts,.. . ........ 504 
 
 to collect rents, 504 
 
 to receive a legacy, ....... 504 
 
 to receive distributive share of personal estate,.... ............ 505 
 
 to take charge of lands,-..... ............_..._........-.... 506 
 
 to transfer slock,..: 95 
 
 to receive dividend, 96 
 
 to confess Judgment, 127 
 
 to draw pension, . . ......... 455 
 
 the same by widow or child of deceased pensioner, 45t> 
 
 general power to transact businesa, 60i 
 
 general cusiom house power, ." 507 
 
 power to sell and convey real estate, ........... 607 
 
 pdwer to cITect insurance, .............. 502 
 
 substitution of an attorney, ........... 508 
 
 revocation of power,.... 503 
 
 PRINTERS- ^ 
 
 fees of, -1 250 
 
 aflidavit of publication of notice of sale on mortgage....... 185 
 
 PROCESS— 
 
 see "Service and Return op Process." 
 
 PRaMlSSORY NOTES— 
 
 forms of, 106, 107 
 
 PROTEST— 
 
 forms of protest, notice, and ccrtincato of service, ... 106, 109, 110 
 
 fees of notary,.- . ... 249 
 
 pUoxy— 
 
 form of, and affidavit, . . . 95 
 
 oath of proxy, i — 96 
 
 RECEIPT AND RELEASE— 
 
 practical remarks, 509, 510 
 
 receipt, difTcrcnt forms, . blO, 511 
 
 release of all demands, . ... 511 
 
 special release, ; 611 
 
 release by creditor named in an assignment,... ...-...._.„ 5U 
 
 release of part of mortgaged premises, B12 
 
 release by judgment creditor, 512 
 
 i-cleasc of legacy 513 
 
 rcieaac to restore competency of witness, dilfercnt forms, ^. 613, 514 
 
 release of dower, . 226 
 
 release by owner Of land on altering highway, .- — ... 299 
 
 iclcasc by supci-visor and commissioners to plank road com- 
 pany, , .... 467 
 
 relcofo in pursuance of an ^ward of arbitratoi's...... 71 
 
616 
 
 IM)EX. 
 
 OEDEMFTION— ^ paqb. 
 
 of real nate by jndgment creditor, fornu for,.... ............ 167 
 
 REFEREES- 
 
 fees of, . . .... . « 260 
 
 Bee "HiohWayb." 
 
 RELEASE— 
 
 lease and release, 173, 174 
 
 release of dower, ............... ..... 226 
 
 of owner oriand on laying out highway, . 299 
 
 surrender of term of years, ......... 393 
 
 surrender of lease, 1. 334 
 
 release tff all demands, 511 
 
 special release, 511 
 
 by creditor named in assignment, . 511 
 
 ol part of mortgaged premises, . .. 512 
 
 by judgment creditor, 512 
 
 of legacy, 513 
 
 to restore competency of witness, diQerent forms,. _.._._...... 613, 614: 
 
 release of party to arbitration in pursuance oran award, 
 
 release by superrisor and commissioners to plank road com- 
 pany, 467 
 
 REVOCATION— 
 
 of submission to arbitration, , 69 
 
 of power of attorney, .. .p.. 603 
 
 SALE— 
 
 see "Bills op Salb," etc., " Landlord and Tbnant," and 
 
 "Sbrvigb and Rbturn of Process." 
 
 SATISFACTION— 
 
 of judgment, 24, 25 
 
 of mortgage, 22, 23, !W 
 
 SCHOOLS- 
 
 practical remarks, . .. 615-524 
 
 town superintendent's bond, . ... 524 
 
 notice of supervisor to furnish additional security......... . 525 
 
 warrant appointing town supermtendent to fill vacancy, , 625 
 
 resolution creating new district, .. 525 
 
 consent of trustees, ^ . . 526 
 
 notice to trustees not consenting, and proof of service, ^6, 527 
 
 notice of the first meeting in a district to organize, . 527 
 
 notice of sale of school house by the town superintendent,..., 528 
 
 apportionment of proceeds of the sale, .... 528 
 
 resolutions for the alteration, or formation, of districts, 628, 529 
 
 certificate to teacher by town superintendent, . . 529 
 
 instrument annulling the certificate, ..-...—...__.._... 530 
 
 annual report of town superintendent, . 630 
 
 list of votes to be kept by district clerk, . 533 
 
 forms of minutes of proceedings of district meetings,.... 533 
 
 declaration to be made by a person challenged at district meet- 
 ing, 534 
 
 resolutions relative to sale and purchase of sites, and erection 
 
 of school house, 534 
 
 order of trustees for teachers' wages, 536 
 
 order for library money, - 535 
 
 account of trustees, and inventoiy of district property, 635,536 
 
 annual estimate of trustees, 536 
 
INDEX. 617 
 
 SCHOOLS^ PAOH. 
 
 notice to be posted on school house door............. ......... 636 
 
 tax list and warrant, ........................... ........... 637 
 
 collector's bond,.... . • ...—.. .. B3S 
 
 notice ttaat collector will receive taxes...... ............ ...... 639 
 
 renewal of warrant......... ..................... . .. 539 
 
 return of collector, • . ....................... 639 
 
 notice of levy and sale by collector................. ... 639 
 
 fees of coUeotor,. ....... _......,..«.. .................. 25^ 
 
 verification of an account for costs, . . ..... 540 
 
 notice to be served with copy of the account,.. . 640 
 
 order of board of supervisors................................ 641 
 
 notice to accompany copy of the order, ....... 541 
 
 annual report of trustees........ . .. 541 
 
 the same, where district is formed out of two or more towns,... 643 
 
 notice of district meeting, different forms, 644,645 
 
 clerk's notice of election of district officers,.. . :.. 645 
 
 librarian's receipt, and trustees' certificate,... ...p.. ......... 546 
 
 entry of librarian in books belonging to the district, 546 
 
 form of keeping librarian's book, ... . . • 646 
 
 weekly roll, and quarterly list of teacher, ... 647 
 
 teacher's abstract, and account of inspections,...- ..-.—... 547, 54S 
 
 appointment of district officer to fill vacancy by trustees....... 648 
 
 appointment of a trustee to fill a vacancy, 5^ 
 
 appeal to state superintendent, and affidavits,........-.-...-. 649,550 
 
 statement where parties agree as to the facts, . . 550 
 
 notice to be served with appeal, and proof of service,-.-...... 651 
 
 answer to an appeal...... . ............. 662 
 
 SEALEBr- 
 
 oatli of office, „ 430 
 
 fees of, ».» 251 
 
 SEPARATION— 
 
 articles of......... ...............................mm 32S 
 
 SERTANT&- 
 
 see " Appbbntiges and Sbrvahta." 
 
 SERVICE AND RETURN OF PROCESS— 
 
 practical remarks, ............................. £53-655 
 
 forms of returns on summons................................ 555,656 
 
 the same, on warrant, — ..... ..... 556 
 
 the same, on attachment, — . ...... ...... . . 556,557 
 
 copy of inventory on attachment, — . ......... .. 657 
 
 bond to prevent removal of goods attached, ................ 657 
 
 bond by claimant of property attached, ......... . . 653 
 
 indorsement of leyy on execution............................ 658 
 
 inventory to attach to execution, ........—..-........ 659 
 
 bond to indemnify constable, ..... . ....... 659 
 
 receipt of goods taken on execution, 659 
 
 constable's advertisement of sale,.-.. . ......... 660 
 
 return to execution, different forms, 560,661 
 
 SHEEP— . . ^, 
 
 mjunes to................................................... 266 
 
 SHERIFF— , „ 
 
 oath of office, .... ^GO 
 
 bond, 430 
 
 bond of deputy, 431 
 
 bond of indemnity,.... 126 
 
618 
 
 moEX 
 
 aaelgmnent of bail bond, .... . ...... 
 
 acknowledgment by Bherifl*or deputy,.... ..... ........ 
 
 certificate of tbe sale of real estate, . ......... ...... 
 
 affidavit of redeeming creditor, ........................ 
 
 deed on sale under execution,.... ...... . . 
 
 deed in partition, . 
 
 deed on foreclosure of mortgage, ....................... 
 
 fees of..................................... ...... ...... 
 
 STRAYS— 
 
 practical remarks, . — . — . ..... ................ 
 
 note to be delivered to town clerk, . ...... .... 
 
 notice of sale where stray is not redeemed,.... __.... ......... 
 
 receipt of supervisor for proceeds of sale of Btray,.....„.... 
 
 see " Fbncb Vibwbbs.' 
 
 SUBSCRIPTION— 
 
 to raise money to build church or bridge...................... 
 
 SUMMART PROCEEDlNes TO RECOVER LAND— 
 
 see "Lahsloko and Tenant." 
 
 SUMMONS- 
 
 eee " JoBTtcsB' CocBTS," and "Sbbvicb and Rbtdbm of PBOOBsa." 
 
 SUPERVISORS- 
 
 practical remarks, ..... . .............. 
 
 oath of office, . . ..... * 
 
 fees of, . . 
 
 form of keeping supervisor's book, . . . 
 
 certificate on examination of his accounts, 
 
 certificate to accompany copy of entries in town clerk's book, 
 
 notice of special meeting of board of excise,.. .. 
 
 forms required by the board of excise, . 
 
 appointment of a commissioner of highways to fiL vacancy,... 
 
 report where all the poor are not a county charge, . 
 
 notice to town superintendent to furnish additional security,... 
 
 receipt of proceeds of sale of stray, ... 
 
 approval of sureties in a bond, . .. 
 
 list of jurors, 
 
 list of grand jurors, 
 
 tax bill, . .. 
 
 ' notice of election, . ... 
 
 alteration of election district .. 
 
 division of a new town into election districts,.: 
 
 notice of meeting to fill vacancy in office of inspector of elec- 
 tions, . 
 
 appointment of inspector of elections to fill vacancy, . 
 
 affidavit verifying account, 
 
 bond of commissioner of highways and approval, 
 
 statement and estimate of commissioner for supervisor, 
 
 overseer's list of non-resident lands for, . 
 
 constable's bond, and approval, ... 
 
 town superintendent's bond, and approval, .. 
 
 ■ee "ExoisB," "Hiohwavs," "Taxes," "Town Auditobs," 
 and " Town Hooses." 
 
 BVKRENDEIU- 
 
 of a term of years, — 
 
 of a lease to the lessor, . ......... 
 
 of patent for re-issue, — 
 
 rASB. 
 
 82 
 15,16 
 167 
 167 
 168 
 169 
 170 
 251 
 
 £62,563 
 £63 
 563 
 
 564-567 
 667 
 254 
 567 
 568 
 663 
 232 
 
 232-235 
 
 525 
 563 
 569 
 560 
 570 
 670, 576 
 670 
 571 
 571 
 
 572 
 572 
 582 
 284 
 286 
 287 
 430 
 
 393 
 394 
 
 447 
 
INDEX. 
 
 SURROGATE— 
 
 see " DowBR," and " WUAi." 
 SURVEYOR— 
 
 fees of,..._»...........^..„. .«..„..„• ._..._......„•.. 
 
 TAXES- 
 
 practical remarks............. .................... ........... 
 
 assessment roll.............................................. 
 
 notice of completion of assessment, ....................... 
 
 affidavit to reduce tax, . ..... 
 
 certificate to assessment roll,.... -...._.......... ...._..._.... 
 
 notice to collector, .... . 
 
 collector's bond, ..... . 
 
 collector's bond under militia law, ................... ..... 
 
 notice of collector, .» ........................ 
 
 county treasurer's warrant,................._....._...«..M 
 
 see "HiGHWAya." 
 
 TENANT— 
 
 see "Landlord and Tbmant." 
 
 TOWN ACCOUNTS- 
 
 see "Town Auditobb." 
 
 TOWN AUDITORS- 
 
 practioal remarks,.-.. . .... .... .... ...» .... .„..„.. ._. « 
 
 certificate of auditors......... ................... .... 
 
 affidavit to verify account, .......................... 
 
 abstract of accounts,.... _-..._-._.............., ............. 
 
 annual account of commissioner of highways to......... .. 
 
 TOWN CLERK— 
 
 oath of office, — ....... -.«. 
 
 fees of, -.......-..,._....__.,_.... 
 
 see " flioFWATfl,'* "Husband and Wipb," -'Opfioial Oath 
 AMD Bond.'' " Sohools,'* " Town Additoks,*' and *' Town 
 HonaEB.** 
 TOWN COLLECTOR— 
 
 fees of,.... ........................................ ..M..-.- 
 
 bond, .--.. ....... . ............ 
 
 notice that taxes will be received, . . . 
 
 TOWN HOUSES— 
 
 practical remarks, ............... 
 
 notice of intention to propose resolution, -...«. 
 
 certificate of canvassers at town meeting,.... . ... 
 
 resolution of board of supervisors, . .... . ......... .... 
 
 TOWN SEALER— 
 
 oath of office, ...... ... ..!.... ............ 
 
 fees of, ................................................. 
 
 TRUST— 
 
 deed with trust habendum clause, .... .... .. ._. .... 
 
 creation of by will, for a life, or lives......... ............. 
 
 TRUSTEES— 
 
 fees of trustees of debtors,... . . .......... 
 
 deed by trustees of absconding debtorsj ..-._._-....-.... 
 
 deed with trust clause, . . . ... 
 
 acknowledgment by,.... . ... .-— .. 
 
 619 
 
 MM. 
 
 673-578 
 676 
 677 
 677 
 S78 
 673 
 673 
 679 
 579 
 
 681 
 682 
 683 
 6S; 
 2Sit 
 
 430 
 2!)S 
 
 258 
 
 678, 679 
 
 679 
 
 681 
 584 
 685 
 585 
 
 430 
 251 
 
 1G5 
 
 259 
 
 166 
 
 166 
 
 1? 
 
620 
 
 INDEX. 
 
 ISHbTKKS— 
 
 application for appointment of, for oBtates of debtors confined 
 
 for crime, .. .. — . . . .. ...... w 
 
 appointment and oatli, ..... ...... . ....... 
 
 articlea of marriage,... . . . . ......... .. 
 
 Bettiement in contemplation of marriage, ............ . 
 
 \ nte-nuptial agreement, . . .... . .................. 
 
 jointure, .. . . ......... •;.........._ 
 
 deTiee to, during a life, or lires,................._........... 
 
 see " Schools." 
 
 VAGRANTS— 
 
 Bee "Pooh Laws." 
 WAHRANT— 
 
 Bee "Acehowled6Hbnt8,"eto., "Appbbhtiges and Bbrtahts," 
 
 "JUSTIOBS' CODETS," "LANOLOaD AND TENANT," "FOOB 
 
 Laws," and " Sbkvios and Return of Fhocess." 
 
 WILLS- 
 
 practical remarks, — .... . ... — .................... 
 
 will of real and personal estate,.... .... ....... .. 
 
 codicil to a will, . . ............ 
 
 nomination of executors in a will, . . ......... 
 
 devise to executors in trust, with power to sell, &&,.......... 
 
 disposition of the tuition and custody of cliildren by will....... 
 
 proTision in a will for a posthumus child,.... ... .. 
 
 provision for children bom after execution of will, different 
 
 forms, .... . . — . — ..... 
 
 deTise of an estate for life, and for the roTersion............... 
 
 devise to trustees, during a life, or lives, — .................. 
 
 devise of an annuity............. — ......................... 
 
 mrNBSSES- 
 
 fees of,.> ........ ............... — .._•.......• 
 
 aea"A«u>owi.BDaiiEHTS," bto., " Clbrkb and Cbiebs," "Uisa* 
 WATi," ■* JuiTioxi' CouBTi," and "Lahslobs ahb Twiuit." 
 
 MM 
 
 220 
 Si»,221 
 323 
 324 
 326 
 327 
 6S2 
 
 686-6S8 
 
 £90 
 ESQ 
 69] 
 
 691 
 691 
 ES2 
 
 2M