A 
 
QJnrnpU Haw irl^nnl Sjibrary 
 
Cornell University Library 
 KFN5995.A65M12 1858 
 
 Precedents or Practical Jo™,? iMimmiii 
 
 3 1924 022 788 594 
 
Cornell University 
 Library 
 
 The original of tiiis book is in 
 tine Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archive.org/details/cu31924022788594 
 
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 144 Massaaj Street, Ne^T York, and 475 Bi-oatlway, Albany. 
 
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 ADAMS ON EJECTMENT. 
 Fourth Edition. Price $5. 
 A Treatise on the Principles and Praotioe of the Action op Ejectment and the 
 resulting Action for Mesne Profits, by John Adams, sergeant at law. The Fourth Ameri- 
 can from the London Edition, with Notes of the Decisions made by the Supreme and Cir- 
 cuit Courts of the United States, and by the Courts of the several States, whose decisions 
 have been reported ; together with the statutory provisions, in relation to those actions, 
 contained in the Revised Statutes of New York ; and Precedents of Entries, Pleadings and 
 Process adapted thereto, by John L. Tillinghast, counselor at law. To whicli are added 
 Annotations and References to the most recent American Decisions, by Thomas W. Clbrke, 
 counselor at law. Carefully collated, and made to correspond with the latest London 
 edition, corrected by the author; together with additional Notes and Decisions in the Courts 
 of the several States. By William Hogan, counselor at law ; and continued by T. "W. 
 "Waterman, embodying all the American and English decisions to the present time 
 
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 Being an Analytical Digested Index of all the Ebported Decisions in Equity of 
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 Notes and a copious Index; also an introductory Essay, comprising an historical sketch ot 
 the Court of Chancery; an account of the nature, powers and functions of the Court, and 
 the organization and equity jurisdiction of the Court of the United States and of each or 
 the States of the Union. By Thomas "W. Waterman, of the New Tork Bar. 
 
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 The Law of Nisi Pkius, being Reports of Cases Determined at Nisi Pkius, in the 
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 2d ed., with many additional cases never published before. Judges presiding : Chief Justice 
 James Kent ; Justices, Yan Ness, Thompson, Spencer and Yates. 
 
 Mr. Antiion has been equally well known as an eminent and successful practitioner, and 
 distinguished law writer, for the last forty years. His cotemporaries, many of whom are 
 now dead, have been men who have honored and adorned the highest walks of the pro- 
 fession, both on the bench and at the bar. This volume of Nisi Privs Reports was always 
 much admired ; and the importance and value of the cases contained in it immediately 
 caused it to be extensively cited and quoted in the opinions of judges and in law works. 
 The present edition was oarefuliy revised and annotated by Mr. Anthon himself. 
 
 1 
 
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 discussion of the several crimes, the indictment for each offence, and the requisite evidence. 
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 arrest of the offender to his final punishment, being minutely detailed with forms and direc- 
 tions for every supposable case. 
 
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 " A very considerable period of time and a great deal of labor have been expended upon 
 tliis edition. Most of the notes have been entirely re-written; and all of them have been 
 re-modeled and re-arranged. A thorough analysis of each subject has been made, which, 
 with a very full index to each volume, it is thought will furnish all needful facilities for ref- 
 erence. The raatter has been a good deal condensed, by omitting whatever seemed theo- 
 retical rather than practical, by dispensing with such of the English statutes as have no 
 bearing upon American law or practice. The notes in their present form contain, however, 
 a large amount of new matter, and several subjects are introduced which were not treated 
 in the former edition. The authorities have been carefully re-examined, and all of the re- 
 ported, and numerous manuscript cases, in each of the several states, down to the date of 
 jxiblication, added. The criminal statutes of sixteen of the states have been digested and 
 distributed under the appropriate heads, together with such English statutes, the constrac- 
 tion of which, from their similarity to our own, seemed lilcely to aid the American practi- 
 tioner. A concise outline of all the more important cases cited by Mr. Archbold has also 
 been given ; thus presenting, in a convenient and accessible form, all of the leading Enghsh 
 criminal cases." 
 
 BARBOUK'S CHANCERY REPORTS. 
 
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 Reports op Cases Argued and Determined in the Court op Chancery op the State 
 of New York, from 1845 to 184T. By Oliver L. Barboue, counselor at law, successor ot 
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 the ablest and most reliable of any in our country. R. II. Walworth, Chancellor. 
 
 BARBOUR'S CKiraiNAl, TREATISE. 
 
 Second Edition. Price $5. 
 
 The Maoist jate's Criminal Law : A Practical Treatise on the Jurisdiction, Duty 
 and authority of the Justices of the Peace in the State of New York in Criminal Courts. 
 Containing, also, a Summary of the law relative to Crimes and Punishments, with an Appen- 
 dix of Forms of Proceedings. By Oliver L. Barbour, counselor' at law. Second edition. 
 Mucli enlarged, with Notes and References and additional forms. 
 
 The second edition of Barbour's Criminal Treatise has been carefully revised by the dis- 
 tinguished author, with important additions. It is too well known to require from us an 
 extended notice. SulEce it to say, that it is an elementary work of great merit, and that 
 altliough prepared rnore especially Wr tho state of New York, it will be found almost equalfy 
 useful in ev.ery state in the Union. 
 
 BARBOUR'S EAW OF SET-OFF. 
 
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 BAKBOUR'S SUPKEME COURT REPOKTS. 
 
 Tiueniy-four Vols. Price $84. 
 Reports of Oases, in Law and Equity, in the Supreme Court op the State of New 
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 BRIGSIT'S HUSBANB AND "WIFE. 
 Two Vols. Price $10. 
 A Treatise on the Law op Husband and "Wife, as respects Peopertt. Partly 
 founded on Roper's Treatise, and comprising Jacob's Notes and additions tliereto, hj John 
 Edward Bright, Esq., of tlie Inner Temple, barrister at law. "Witli copious Notes and Ref- 
 erences tothe American Decisions, and also an Appendix, containing the Statutes of every 
 state in the Union, in relation to the rights and property of females before ani after mar- 
 riage. By Ralph Lockwood, counselor at law. 
 
 [From the American Latt JotrnNAL.] 
 The last edition of Hdper's Husbiind and Wife was tiiat of 1826.- The iiEglish Laiv Magazine and Eepoiter 
 of May, 1849, observes that the " want oi a new edition had for many years been feit by the profession." 
 The progress of the United States in wealth, of society in refinement, and of judicial and legislative policy 
 to secure property to wives, iiave increased the want of a new publication here, embracing the recent de- 
 oisious on this interesting relation. We have not had leisure to examine into the merits of the notes by tlte 
 American editor, but of the worlc of Mr. Bright we can cheerfully add our testimony to that of the Engliah 
 Reviewer that "for completeness and soundness it ia lijiely to become the text-boolc upon the law of hus- 
 band and wife." 
 
 t'AINES' REPORTS.. 
 Third Edition. Three Vols. Price $12. 
 
 New Toek Tehii Reports op Cases Argued and Dbtermlved in the Supreme Court 
 of that State. Third edition just published, containing Notes and References to all tho 
 American and English decisions, to the time of pubUcation, by Watersian; with correc- 
 tions and additions. By George Gaines, counselor at law. 
 
 George Caines, Esq., was the first reporter of the decisions of the Supreme Court of the 
 state of New York, regularly appointed as such. The names of the honorable judges who 
 presided in this court, during the period above stated, were, Morgan Lewis, James Kent 
 (afterwards Chancellor of the state), Jacob RadclilTe, Brockholst Livingston, Smith Thomp- 
 son (the two last named gentlemen were subsequently appointed judges of the Supreme 
 Court of the United States), Ambrose Spencer and Daniel D. Tompkins. A more able and 
 independent Judiciary never existed at any one period, in any coarc of the United States. 
 
 CAlilFORNlTA PRACTICE. 
 Price $3 50. 
 
 COMSTOCIt'S REPORT.S. 
 Vols. 1, 2, 4. Price $10 50. 
 Reports of Cases Argued and Determined in the Court of Appeals op the State of 
 New York. By Georse P. Comstook, Esq., State Reporter. Judges' names : Freeborn G. 
 Jewett, Greene C. Bronson, Addison Gardner, Charles H. Ruggles, Samuel Jones, "Wilham 
 B. "Wright, Thomas A. Johnson, Charles Gray, Elisha P. liurlbut, Ira Harris, Daniel Pratt, 
 Henry "W. Taylor, Selah B. Strong, Daniel Cady, "William H. Shankland, James G. Hoyt. 
 
 COJJIVEC'll-SCUT UBGEST. 
 974 Parjes. Price $7. 
 A Digest op the Reported Decisions op the Superior Court, and op the SurRBiiE 
 Court of Errors of the State of Connecticut, from the organization of said courts to the pres- 
 ent time. By Thomas "W. Waterman, counselor at law. 
 
 [From the IlARTrOBD Daily Coubant ] 
 
 Banks & Brothers, law publishers, 144 Nassau street. New York, have issued a handsome vnhime 
 
 entitled " A Digest of the Reported Decisions of the Superior Court, and of the Snpreme Court of Errnre 
 
 of the State of Connecticut, from the organization of said courts to the present lime, by Thomas "W. 
 
4 BANKS & BROTHERS' 
 
 "W.'^terrwan, Coiinsellor-at-Law." Those cases cover sixty-eight years, beginning with 1789, aii3 cloginc 
 with 1857. Tlie Digest Includes Kiiiiy, Itoot, Ave volumes of Day's Keports, and twenty-four volumes of 
 Connecticut Reports. Mi-. Waterman, tlie author of the Digest, seems to have done his worlt with his usual 
 ftdelity. He says he has veriiied the page of every reference to the Connecticut lieports after the matter 
 wris in type. He has avoided the practice often followed by comjiilers, of pattint,' several distinct matters 
 under oiie general head, and has assigned eacti subject a title, to catch the eye in the table of contents, and 
 direct the inquii er. Mr. Waterman is a practiced hand, and knows just what the lawyer wants, and what 
 ho does not want. Though a ZSIew York man, he evinces a familiarity with Connecticut law, and Coujiec- 
 ticut history and practice, that leads us to believe his work will be a favorite with Connecticut men. Any 
 business man who desii es to know what are the laws of Connecticut, other than those in our statute book, 
 should bo referred, uuheailatingly, to this Connecticut Digest. 
 
 [From the New Yoek Com.meecial Adveetisf.k.] 
 Connecticut has the honor to be tlie 13rst state of the Union in which judicial decisions were reported. 
 The ilrst American law report was edited by Mr. Kirby, and printed at Litchtield, in 1769. Koot's Con- 
 nesticut Iteports were published ten years later, and they were followed by Day's I'eporta, a series which 
 was continued atintervals until 1S5.3, when the present Keporter of the Connecticut decisions, Mr. Matson, 
 commenced his useful labors. Iliere are now thirty-two volumes of Connecticut Keports in all, contain- 
 ing about three thousand five hundred cases, and the substance of these has been neatly epitomized, arranged 
 and Indexed by Mr. Waterman, in one stout vobame of 974 pages octavo. At the end of each case of special 
 significance or importance, he has noted whether it was in reversal or affirmance or the decision of the court 
 below; he has also noted the cases which have been overruled, denied or doubted. The facilities for refer- 
 ence to every part of the volume are ample, and we consider It one .of the best arranged Digests of Keports 
 we have ever examined. To all Connecticut lawyers, it will, of course, be indispensable, and to lawyers in 
 other states it will be scarcely less useful. Itis justly remarked that ^'the Connecticut decisions are among 
 the cited authorities of every text-book ; and no trial of any magnitude can take place, in which very mate- 
 rial aid may not be derived from precedents drawn from this source." It is one of the best evidence^ of the 
 esteem in which the Connecticut Keporta are held, that some of them have been reprinted in England. 
 
 CONNECTICUT REPORTS 
 Second Edition. Timiily-one Vols. Price $105. 
 
 Bepokts of Cases Aegued and Deteemiked in the Supeeme Court of Eekoes of the 
 State of Connecticut, from 1814, inclusive; prepared and published in pursuance of a Stat- 
 ute Law of the State. Second edition, corrected, with Notes and References to the several 
 State Reports. By the Hon. Thomas Day. 
 
 No lawyer should be without these reports. The railroad cases alone in them are worth 
 the price of the set. They comprehend a period of seventy years, or, in other words, almost 
 our entire existence as an independent people. They therefore contain precedents for all 
 the various exigencies which have from time to time arisen since the origin of our govern- 
 ment. Their utility and the high appi-eciation in which they are held, are shown by the 
 fretiuency of their citation, not only in all the law books of the day, but in cases on trial, 
 and in the written opinions of judges. 
 
 COWEN'S ClVIt TREATISE. 
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 A Teeatise on the Civil .Tueisdiotion of Justices of the Peace of the State of New 
 York. By Esek Cowbn", counselor at law. Fourth edition, revised by "^'illiam Tract , 
 counselor at law. 
 
 CO"WEN'S REPORTS. 
 Nine Vols. Price $4:5. 
 Eepoets of Cases Aegued and Determined in tee Supreme Court for the Teiai of 
 Impeachments and the Correction of Errors of the State of New York, from 1823 to 1S28. 
 By EseE Cowen, counselor at law, and successor of Johnson. 
 
 CROCKER ON SHERIFFS. 
 
 Price ga. 
 A Treatise on the Duties or Sheeipfs, Coeonees and Constables, with Practical 
 Forms. By John G. Crocker, counselor at law. 
 
 This is a thorough and complete treatise upon the powers and duties of sheriffs and other 
 officers. It is a modern work, designed especially for the state of New York, with a full 
 citation of authorities to the time of publication. It is elementary and practical. Every 
 
LA."W PUBLICATIONS. 5 
 
 sheriff, coroner and constable, in the state, ought to have a copy ; and magistrates will find 
 it e.v'troiiiely useful and conyeuieut. Lawyers will haive it, as a matter of course. 
 
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 li.IE.AL, ESTATE. 
 
 " Price $5 50. 
 
 A Cmipentiicm of the Law and Pbaotiob op Tendoks and Purciiasees of Real 
 
 Estate. By J. Henry Daht, of Lincoln's Inn, barrister at law. With Xotes and References 
 
 to American Decisions, by TnoiiAS W. 'Wateeiian, counselor at law. 
 
 M.4.Y TON'S SUKROGAXE. 
 Third Edition in Press. 
 
 BEAN'S HIEDICAt, JUKISPRUDENCE. 
 Second BdiUon. Price $3 50. 
 Principles op Medical Juiiispeudenoe designed foe the Professions of Law and 
 Medicine. By Amos De.an, counselor at law and Professor of Medical Jurisprudence in the 
 Albany Medical College. 
 
 DENIO'S KEl'ORTS. 
 
 Five Vols. Price $20. 
 
 Reports of Cases Argued and Determined in the Supreme Court, and in the Court 
 
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 »UNEAP'S PALEY'S AGENCV. 
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 A Treatise on the Law op Principal and Agent, chiefly with reference to Mbh 
 eantile Transactions. By William Paley, of Lincoln's Inn, Esq., barrister at law. With 
 considerable additions by J. H. Lloyd, of the Inner Temple, Esq., barrister at law. Fourth 
 American edition, with extensive additions, referring to and embracing all the cases, both 
 English and American, by John A. Dunlap, Esq., counselor at law, and brought down to 
 the present time, with very full notes to English and American Decisions, by Thomas W. 
 Waterman, Esq., counselor at law. 
 
 This edition by Paley and Lloyd by Duslap will be found, in comparison with otlter 
 treatises on this subject, to be a complete substitute for all of them, containing several 
 thousand cases not referred to by any other American author ; it is, in fact, an embodiment 
 of all the decisions on the law of Piineipal and Agent. 
 
 [From tho New York CoMHEECiiL Advertiber.] 
 This is the fourth ATnericsn edition of Paley's admirable work oq Agency, which has been univevsally 
 recogaized as the leading authority among all the text-books on that suljject, since its first appenrance in 
 ISIL Mr. Justice Story ct)n3taiitly refers to it in his Commentaries, and Mr, Hammond's Treatise Is 
 considered a mere rec/tfxu^e of Paley's work as edited by Llnyd, Two previous editions were greatly- 
 enlarged by the notes nf Lloyd la England, and of Dunlap in this country, and Mr. Waterman has now 
 made nmnerous important addenda, introducing notes of more than eighteen hundred relevant cases de- 
 cided duritig the nine years that W-iva elapsed since the publication of the third edition by Dunlap. Mr. 
 "Waterman's editorial task has been performed with tho same thoroughness and ability that characterized 
 his excellent editions of Archbold's Criminal Plealing^ and Evidence, Adams on Ejectment, Uai-t on Ven- 
 dors, Eden on Injunctions, &c., and his valued works on New Trials, and on the Civil Jurisdiction of Just- 
 ices of the Peace. He displays the most indefatigable industry in research, and the utmost impartiality and 
 discrimination in the application of new decisions and judicial dicta to the modification or support (if the 
 text. The original work, with all its addir.ions by previous editors, has been greatly enriched by his labors, 
 and may be deemed a complete digest of the law of principal and agent — a branch of jari-sprudeuce which 
 is here of the highest importance and most frequr-nt utility. The elaborate opinion of the New York Court 
 of Appeals, in the celebrated case of the New York Mechanics' Bank against the New Haven Railroad 
 Comp.any, is given ia full in the appendix. 
 
6 BANKS & BROTHERS' 
 
 EE>WAia2>S' €MA:»i'CKRY MEPORTS, 
 
 Four Vols. Price $20. 
 Reports of Chancery Cases decided in the First Circuit of the State of IsTew York 
 by the Hon. "William T. McCoun, VicG-Chancellor. By Charles Edwards, counselor at law 
 
 EDWARBSS ON BAILMJEWTS. 
 Price $4 50. 
 
 A Treatise on the Law of Bailments. By Isaac Edwards, Counselor at Law. 
 Chapter 1 : On Bailments. — Chapter 2 : On Deposits. — Chapter 3 : Gratuitous Commissions 
 or Mandates. — Chapter 4 : Gratuitous Loans. — Chapter 5 : Pledges or Pawns. — Chapter 6 : 
 Contracts for Hire. — Chapter "7: Of Innkeepers. — Chapter -8 : Common Carriers; Carriers 
 of Passengers. The above chapters are Yurj full and complete. 
 [From the New York Evening Post.] 
 
 " The tnont perfpr.t legal treatise in the Encltsh language was written npoD the Law of Bailments, many 
 years ago, by Sir "William Jones. No subsequent writer has been able to do more than apply the principles 
 there laid down, with incomparable clearness and elegance, to the now condition^ developed by ihe progress 
 of human society. That wa** all that Judge Story was able to do for hiri generation, and that is all that Mr. 
 Edwards has attempted for his ; unlike his Immediate preilecessor, however, confining himself exclusively 
 t) cases arisinj; under thecooimon law, without reference to the civil law. ^^~The imporUtnceofthe La%D 
 c^ Baihu'ntSt and the iKtHeti/ of ita applications to ilu. affairs of lije, has misUy iTicreased ttijice the 
 day^ of Sir Wiltiaon Jones, atid eA^en since .Mr. Stoi'y\s u-ork was Jinifihed^most especicdly in regard to 
 t?ie carriage affreight a^id passengers hy the ne/w inodes of irO'iis porta Hon X>y railroads and tstearn.- 
 vessels, t^hich have very i-evr-nily co-me i'ilto general use. This suh'/ei.t is renj fully and satisfactorily 
 treated^ hy Mr. Edwards, nxnder the head of- Oommon Carriers,'' and ' Carriers of Passengers,,'' which 
 subject occupies a&owif 200 pages of ihe w^rk.^^^^ The reader will find here the iiic^tt complete collection 
 of adjuilged cases, in the English and American Courts, upon these subjects, that has ever been made." 
 
 3EI5WAKBS ON BILf^S OF EXCHANGE AN© PROMISSORY NOTES. 
 
 Price $5 50. 
 
 A Treatise of Bills of Exchange axb Promissoky Notes. By Isaac Edwards, 
 
 counselor at law. 
 
 [From the New Tork Journal or Commebge.] 
 The materials of this work being based on the decisions of our own courts, it does notcomp into competition 
 with any Enf:Ush a^ ork on the subject ; noi- can it be d^.enied a i-ival of anythiof? which ha'^ yet appeared 
 in this country. The object has been to ascertain the law and srate it in brief terms, with such illustrntions 
 as seemed calculated to d^-velop and explain the reasmi on which it is founded. Estimating the importance 
 of the subject with reference to the amount ot propeny afloat in the share of bills and notes, there never 
 has been a time when it called for frreater accuracy and di&crlminatiun than now, or invited the attention 
 of merchants and professional men with equal urgency. 
 
 [From the New York Commtcecial Advertiser.] 
 As the latest decision is deemed the highest authority in legal matters, the latest treiiti'^e or digest of 
 cases on any branch of the law must be of the greatest vfilue to practitioners, proviiled, of course, that it 
 be faithfully compiled and judiciously arranged. These requirements being met by the volume before us, 
 we may justly recommend Mr. Edwards' treatise to the gentlemen of the bar. \i is pre-eminently an 
 Anieiicnn law hook, incorporating the substnncc of nemly two thousand American decisions with the prin- 
 ciples of law regarding negC'tiable paper established by the adiurlications of the Kuclish Coui ts, and setting 
 forth in notes the statutes o.''tbe states in which the commei'cial law is not adopted. By way of appendix, a 
 translation is given of that pa it of the Commercial Code of France relatins to bills of exchan^-e and prom- 
 issory notes. The index iy very minule, and ^\ill euabk* the reader to find in a moment what the law is on 
 any point of the subject. The work is pj-iiharily adapted to the use of lawyers, but it will be scarcely leas 
 useful to merchants and bankers. 
 
 ELIIjIOTT'S UTFB.OilffATIC CODE. 
 Two Vols. Price $12. 
 
 EN«ILISM COANCERY REPOISTTS. 
 
 Fortij'Uiree American Vols. Price $165. 
 
 Tfiese very Yaluable and Important Decisions are REPrRLisuED va-'batim PROii the 
 
 Louclon copy, with notes and references to English and American Antliorities. By Jonx A. 
 
 DuNLAP, and continued by the Hon. E. F. Smith, J, L. Ha^'ES, and N. Howard, Jr. ; being- 
 
LAW PUBLICATIONS. 
 
 the Reports ot Cases argued and determined in the High Courts of Chancery, tlio Bolls Court 
 and the Vice-Chancery Courts of England. 
 
 62 English Volumes contained in 43 American, but witliout any condensation. The first 
 IS American contain 36 English or 2 English to one American. They have each an index, 
 andean he hound separately. This is the only series without condensation. 
 
 AMERICAN 
 
 COSTAININQ 
 
 
 VOLS. 
 
 AMEKIOAN 
 
 cosTAiNma 
 
 VOLS 
 
 T0L8. 
 
 
 
 VOLS. 
 
 
 
 
 
 1 
 
 Simons & Stuart 
 
 land 2 
 
 20 
 
 Tounge 
 
 & Collyer 
 
 1 
 
 2 
 
 SiraODS 
 
 land 2 
 
 21 
 
 Tounge 
 
 & UoUyor 
 
 2 
 
 3 
 
 Eussell 
 
 2 and 3 
 
 22 
 
 Phillips 
 
 
 
 8 
 
 4 
 
 Kussell 
 
 n 
 
 23 
 
 Hare 
 
 
 
 1 
 
 " 
 
 Jacob 
 
 24 
 
 Hare 
 
 
 
 2 
 
 6 
 
 Eussell 
 
 u 
 
 25 
 
 Hare 
 
 
 
 8 
 
 " 
 
 Eussell & Mylne 
 
 26 
 
 Hare 
 
 
 
 5 
 
 6 
 
 Simons 
 
 8 and 4 
 
 2T 
 
 Hare 
 
 
 
 T 
 
 T 
 
 Mylne & Keen 
 
 1 and 2 
 
 28 
 
 Collyer 
 
 
 
 1 
 
 8 
 
 Simons 
 
 7 and 8 
 
 29 
 
 Beavau 
 
 
 
 7 
 
 9 
 
 Simons 
 
 Sand 6 
 
 80 
 
 Hare 
 
 
 
 4 
 
 10 
 
 Mylne & Keen 
 
 3 
 
 
 81 
 
 Hare 
 
 
 
 6 
 
 " 
 
 George Cooper 
 
 
 83 
 
 Hare 
 
 
 
 8 
 
 11 
 
 Kussell & Mylne 
 Lloyd & Goold 
 
 2 
 
 
 88 
 84 
 
 Collyer 
 Simons 
 
 
 
 11 
 
 12 
 
 Turner & Eussell 
 
 1 
 
 
 85 
 
 Simons 
 
 
 
 12 
 
 " 
 
 Tanilyn 
 
 1 
 
 
 86 
 
 Simons 
 
 
 
 18 
 
 13 
 
 Mylne & Craig 
 Steuart MacNagbten 
 
 1 
 
 
 87 
 88 
 
 Pinions 
 Simons 
 
 
 
 14 
 15 
 
 n 
 
 Mylne & Craig 
 
 2 and 3 
 
 89 
 
 Simons 
 
 
 
 16 
 
 15 
 
 Keen 
 
 1 and 2 
 
 40 
 
 Simons, 
 
 N 
 
 Series. 
 
 1 
 
 16 
 
 Simons 
 
 9 and in 
 
 41 
 
 Hare 
 
 
 
 9 
 
 IT 
 
 Beavan 
 
 1 and 2 
 
 43 
 
 Simons 
 
 
 
 2V 
 
 18 
 
 Mylne & Craig 
 
 n 
 
 " 
 
 Simons, 
 
 N. 
 
 Series. 
 
 " 
 
 CraiR A Phillips 
 
 48 
 
 Beavau 
 
 
 
 3 
 
 19 
 
 Philliijs 
 
 1 
 
 
 
 
 
 
 
 GKAMAIU: AWO X^ATEKMAN O^^ NE^V TRIAILS. 
 
 Second Edition. Three Vols. Price $16. 
 A Teeatise on the Principles of Law and Equity which govern Courts in the 
 granting of N"ew Trials, in Cases Civil and Criminal. With copious Notes and Eeferences 
 to the American and Euglish Decisions. By G-raham & Waterman. 
 
 [From the New York Co.mmeroial Adveetisee.] 
 
 "There is no title in the law on wliich a nevv and copious treatise was more needed by pr&ctitioners than 
 on New Trials. WIjco Pavid Graham published his treatise in 1S34, it was welcomed by tlie profession 
 almost as a godsend, for it cultivated an important field which Grant in hte 'Summary.' and Morfran in his 
 ' Essay,' had barely skimmed over. The death of Mr. Graham unfortunately prevented him Trom rovisinK and 
 preparinf^ a secoad edition of his work; lor aome yeais it has been out uf print, and althontfh so highly 
 esteemed that sums considerably beyond the oritcinal cost have been otfered fur copies, the publisht-ra liave 
 delayed the publication of a second edition until now. This edition has been revised and corrected with 
 great care, and is improved by a full analysis of eacli chapter, which much facilitates consultation. Mr. 
 Graliacn's treatise comprises one volume of 630 pace.-!. It is the text, as it were, of iMr. Waterman's m(we 
 copious commentary, which is an entirely new treatise of neatly 1,7(I0 pages, forming Volumes 11 and III 
 of the complete work, to be hereafter known as Graham and Waterman on New Trials. The whole body 
 of the American and Eofdish decisions, the ivports of the courts of every State in the Union, and the reports 
 of every courtin Great Britain, have been lifted, and all the ca«es pertinent to the theme carefully analyzed, 
 for the purposes of this work. Nearly a thousand cast-s are cited in the first volnnje by Graham, while in 
 the secuud and third volumes by Waterman tbe number of cases quoted exceeds three thousand eijiht hun- 
 dred, making in all nearly five thousand cases, collected and arranged in one systematic work. We think 
 it may fnirly be said to exhaust the subject. 
 
 '*Mr. Graham's treatise having long been atext-hook in the hands of the profession, it would be superi^unus 
 to speak minutely of its contents. Mr. Waterman opens his part of the work with a general view of the 
 subject of trial by jury, and of the ancient and modern methods of correcting a wrong verdict. It appears 
 that 'anciently, the principal remedy for reversing a verdict, improperly given, was by writ of attaint The 
 nqniry was made by a jury, double the number of those who rendered the alleged false verdict, and if thoy 
 loiind the verdict a false one, the judgment by the common law was, that the jurors should become In- 
 famous; should forfeit their goods, and the profits of tlieir lands; bliould themselves be imprisonnd, and 
 their wives and children thrown out of doors; should have their houses razed, their trees extirpated, and 
 their meadows ploughed; and that the plaintiff should be restoied to all that he lost by reason of the un- 
 just verdict. A law so terribly severe' could not be execuied, and by suVisequent statutes, which were made 
 perpetual by 13 Eliz. c. 25, the punishment was diminished to perpetual Infiimy and a pecuniary flue.' Ac- 
 cording to Blackstone, 'there are instances in the year books, in the reigns of E)dward III, Henry IV, and 
 Henry VII, of judgments being stayed, even after a trial at bar, and new venires awarded, because the j my 
 had eat and drank without the consent of the judge, and because the plaintiff had privately given a pa.per 
 to a juryman before he was sworn.' And upou these the Chief Justice Glynn, in 1655, grounded the Arst 
 precedent that is reported in our books for granting a new trial upon account of excessive damages 
 given by the jury; apprehending, with reason, that notorious partiality in the jurors was a principal 
 epecies of misbetiavior. 
 
 "In the chapter following the historical view fi-om which we extract these antiquities, Mr. Wateraian dis- 
 cusses the jurisdiction of courts in granting new trials; and in succeeding chapters lie considers in detail 
 
BANKS & BROTHERS' 
 
 *he various cftuses for {rranting snch relief; for exnmple, — want of, or insnfficient, notice of trial ; defecta in 
 the 8 -oimoniDg and drawing of jurors; disqualification of jurors, from interest, relationsliip. conscientioua 
 spru ^ es, age, alienage, mental or bodily disease, &c. ; tampering with tho jury : bias or hostility of jurors ; 
 misconduct of the jury ; misruling or misdiroctiun of the judge; surprise; newly discovered evidence; ex- 
 cessive or inadequate dnuiaires; verdict against law or evidence, &c.; and the conelndirg chapter is de- 
 voted to the consideration of the principles by which courts of equity are governed in granting new trials. 
 "The time and labor expended, in compiling a work so comprehensive and elaborate, must have been 
 very great, and can scarcely fail to be appreciated by the profession. In truth, the work will henceforth be 
 an indispensable part of the library of every lawyer who practices In courts of record in any State of the 
 Union. It is also probable that it will be reprinted in England, where, as well aa here, it is unrivaled." 
 
 Hint's KEPORTS. 
 
 Seven Vols. Price $28. 
 
 Reports of Cases argued akd Determined in the Supeeme Court, axd in the 
 Court for the Correction of Errors of the State of New York. By Nicholas Hill, Jun., 
 counselor at law, and continuation of Johnson, Cowen and Wendell. 
 
 HII.I.IARI) OIV KEAl, ESTATE. 
 
 Third Edition. Two Yols. Price ^\\. 
 
 Yi'RT MUCH Enlarged, with Notes and References by the Author. 
 
 HILTON'S REPORTS. 
 
 Vol. ]. Price $5. 
 Reports of Cases Argued and Determined in the Court of Common Pleas for 
 the City and County of New York. By Henry Hilton, one of the Judges of the Court. 
 
 HOFFMAN'S CHANCERY REPORTS. 
 
 Second Edition. Price $5. 
 Reports of Cases Decided in the First Circuit of the State of New York. This 
 volume of reports was carefully revised by Judge Hoffman, and partially annotated by him- 
 Tire annotation was afterwards completed by a member of the New York bar. It will be 
 found a valuable acquisition to every lawyer's library. 
 
 HOFFMAN'S LEGAL STIBT. 
 
 Two Vols. Price $5. 
 
 HOPKINS' CHANCERY REPORTS. 
 
 Price $5. 
 Reports of Cases Argued and Determined in the Court of Chancery of the 
 State of New York. By Samuel Hopkins, counselor at law, and successor of Johnson. 
 N. Sandford, Chancellor. 
 
 HOWARD'S COSE. 
 
 Second Edition, very much Enlarged and Improved. Price $6. 
 
 The Code of Procedure of Pleadings and Practice of the State op New Yore, 
 1860, with complete Notes and References. By N. Howard, Jr., counselor at law. 
 
 This work contains the Code of Procedure as it now stands. It also contains the latest 
 rules of the Courts, with a copious Index to tho whole work. The notes of the decisions of 
 the Courts, to the several sections of the Code, contain the most recent decisions and are very full. 
 Tho book constitutes a work on Practice and Pleadings, ic, which everj- lawyer and every 
 justice of the peace should possess. 
 
 "Mr. Howard has added largely to his reputation by this Code. He has been identified 
 with the Code since its formation, and has had much experience in its practice, having re- 
 ported sixteen volumes of Practice Reports, and they have met the approval of the Judges 
 and Profession at large. His great familiarity with points of practice and the Code will give 
 
lAW PUBLICATIONS. 9 
 
 this work such au advantage that no other work can obtain. This volume -will he found of 
 great value and service, as it contains the very latest anaendments and decisions to date." 
 
 ISOWAKD'S PfSACTICE KEPORTS. 
 Eighteen Vols. Price $G3. 
 Keports of Cases Argued and Determiked in the Supreme Court, at Special Term, 
 with the Points of Practice decided, from October Term, 1844, to May, 1860. By Nathan 
 Howard, Jun., counselor at law. 
 
 Howard's Practice Reports are especially interesting and useful, on account of their being 
 the main and almost exclusive exponents of the New York Practice under the Constitution 
 of 1846, and Code of Procedure. Other sunilar publications there have been, but their ex- 
 istence has been of a comparatively short duration, while Mr. Howard has pursued the even 
 tenor of his way, giving to the public, regularly and undeviatingly, the decisions of the courts 
 fi'om the year 1844 to the present time. It may therefore be said unhesitatingly that this is 
 the only reliable series of reports upon the New York Practice. They have an established 
 reputation and are received as authority in all our courts. They will be found very useful 
 in states having a similar Code to that of New York. 
 
 HUMPHREYS' PKECEDENTS. 
 Two Vols. Price $8. 
 A Collection op Practical Poems in Suits at Law ; also Precedents op Con- 
 tracts. Conveyances, Wills, &c. ; and Proceedings under the Pension, Patent and Naturaliza- 
 tion Laws of the United States, with Annotations and References. By Cuarles Humph- 
 reys, counselor at law. 
 
 JOHNSON'S CASES. 
 Second Edition. Three Vols. Price $12. 
 Reports of Cases adjudged in the Supreme Court of Judicature op the State op 
 New York, from January, 1799, to 1803, inclusive, together with cases determined in the 
 Court for the Correction of Errors, during that period. A second edition. With many ad- 
 ditional cases not uicluded in the former edition, taken from the manuscript notes of tho 
 late Hon. Jacob Radcliff, one of the Judges of the Supreme Court, and associated with the 
 Hon. Morgan Lewis, James Kent (since Chancellor of the State), Egbert Benson, John 
 Lansing, Brookholst Livingston and Smith Thompson (the two latter were subsequently 
 appointed Judges of the Supreme Court of the United States). With copious Notes and 
 References to tlie American and English Decisions. The writ of mandamus has been treated 
 of fully in Volume II of these reports, and references to the cases in it have been introduced, 
 together with a complete collection of forms and precedents not found elsewhere. By 
 Lorenzo B. Sheppard, counselor at law. 
 
 JOHN.SfflrH'S CHANCEKTf REPORTS. 
 
 Second Edition. Seven Vols. Price $32. 
 Reports of Cases Adjudged in the Court of Chancery of New York. Ey William 
 Johnson, counselor at law. Containing the Cases from March, 1814, to December, 1823, 
 inclusive. With a General Digested Index of the Cases decided and reported in the Court 
 of Clianoery, and in the Court for the Correction of Errors, oh Appeal, from 1799 to 1822, 
 inclusive, with a Table of the names of the Cases, and of the Titles and References. James 
 Kent was Chancellor during the above reports. 
 
 JOHNSON'S REPORTS. 
 Third Edition. Twenty Vols. Price $60. 
 Reports of Cases Argued and Determined in the Supreme Court of Judicature 
 and in the Court for the Trial of Impeachments and Correction of Errors in the State of 
 
10 BANKS &, BROTnERS' 
 
 New York. By Wiluam Joiinsok, counselor at law. "With additional Notes and Eefer- 
 ouces. James Kent, Chief Justice. 
 
 KEKIVAN'S REPORTS. 
 Vols. 2, 3 and 4. Price §6. 
 Reports of Cases Aroued and Determined in the Court of Appeals of the State 
 of New York, witli Notes, References and an Index, from 1854 to 1856 inclusive. By 
 Francis Kbrnan, counselor at law. 
 
 liABIBERT ON BOWER. 
 Frice SI. 
 
 IjA'w «f fixtures. 
 
 Second Edition. Price $3. 
 A Treatise on the Law of Fixtures and other Property partakixc; both of a Real 
 and Personal Nature ; comprising tbe Law relating to Annexations to the Freehold in gen- 
 eral; as also. Emblements, Charters, Heir-Looms, etc., with an Appendix, containing prac- 
 tical rules and directions respecting the Removal, Purchase, Yaluation, etc., of Fixtures 
 between Landlord and Tenant, and between Outgoing and Incoming Tenants. By A. Alios, 
 Esq., and J. Ferard, Esq., barristers at law, with copious Notes and References to all the 
 English cases to the time of publishing (1847), by Joseph Ferard, Esq., barrister at law- 
 The Second American Edition, from the last English, will contain all the cases decided, in 
 the Courts of Law of the United States and the Courts of the several States, en the subject 
 to the present time. With a Digest of the Statute Laws of the several States relating to 
 the subject. By William Hogan, counselor at law. 
 
 liOCEtTFOOD'S REVBRSEB CASE*. 
 
 Price $i. 
 
 An Analytical and Practical Synopsis of all the Cases Argued and Kevehsed in 
 
 Law and Equity in the Court for the Correction of Errors of the State of New York, from 
 
 1799 to 1847 ; with the names of the Cases, and a Table of the Titles, &c. By Ralph 
 
 LoCKWOOD, counselor at law. 
 
 I,XrBE»S EQUITY PJ^EABING. 
 Second Edition. Frice $3. 
 
 MATHE-WS' PBESl'MPXIVE EriBENCE. 
 Frice §3. 
 
 McCAEi-'S FORMS. 
 Second Edition, Enlarged and Improved. Price s.'>. 
 
 Precedents, or Practical Fohjis in Actions at Law, in the Supreme Court of 
 the State of New York ; the Superior Court and Court of Common Pleas, for the city of New 
 York, adapted to the Code and rules of 1858, and to the practice of states having a similar 
 Code ; partition of infants' estate ; sale of infants' estate ; admeasurement of dower ; fore- 
 closure by advertisement ; determination of claims to real estate, and appeals from Surro- 
 gates' Courts. By S. McCall, counselor at law. 
 
 After the New York Code came into operation, the publishers of the above work were 
 frequently applied to, by members of the bar, from every section of the state, for a manual 
 of forms which should embrace the whole field of practice, and not be confined, as most 
 similar works are, to the pleadings. In 1852, they had the pleasure of satisfying this \\-ant, 
 by the production of the very useful book of Mr. McCall ; which proved entirely reliable, 
 although at that time the Code had been but recently adopted, and there were, in couse- 
 
LAW PUBLICATIONS. 11 
 
 quence, but few decisions defining and construing it. Subsequent amendments of the Code, 
 however, rendered a change in the phraseology and scope of some of the forms necessai-y. 
 These changes have been made in this edition; and the work has been carefully revised, 
 and enlarged by the introduction of one Imndred and twenty-live new forms. li now covers 
 the whole range ofjjractice, from a simple affidavit to the most technical special proceeding. Tha 
 forms selected are such as have been tmed by leading practitioners, and oUained the approval of 
 the higher courts. 
 
 In those states which have a Code similar to that of New York, this work will be found 
 a convenient and safe guide. 
 
 NEWtSEKUY'S ABMIKAL,TY REPORTS. 
 Price $5. 
 Newbeert's Admiralty Reports of Cases Argued and adjudged \s the District 
 Coi*ts of the United States, for the District of Michigan, Northern District of Ohio, Southern 
 District of Ohio, "Western District of Pennsylvania, Northern District of IlUnois, Distnct of 
 Missouri, and Eastern District of Louisiana, from 1S42 to 1857. By John S. Newueery, of 
 the Detroit bar. 
 
 Judges' N'Mnes.—llos. Ross IVilkins, Hon. H. T. "VTillson, Hon-. H. H. Leavitt, Hon. 
 T. Ir-win, Hox. Thomas Drummond, Hon. Robert Wells, Hon. Thouas H. McCalee. 
 
 NE-^V YORK SCEST. 
 
 Four Vols. Price $16 50. 
 
 PAIGE'S CHANCERY REPORTS. 
 Nine Vols. Price $45. 
 Reports op Cases Aeoued and Determined in the Court op Chancery op the State 
 of New York. By Alonzo C. Paige, counselor at law, and successor of Hopkins. Chan- 
 cellor of the State of New York, during the time of these Reports: Reuben II. Wilworth. 
 
 PAI.XE'S CIRCUIT COURT REPORTS. 
 Two Vols. Price $11. 
 Reports op Cases Argued and Determined in the Circuit Court op the United 
 States for tlie Second Circuit, comprising the Districts of New York, Connecticut and Ver- 
 mont. By Elijah Paine, Jun., late one of the Justices of tho Now York Superior Court. 
 
 PARKER'S CRIMIlVAIi REPORT.?. 
 
 Two Vols. Price $8 50. 
 Reports op Decisions in Criminal Cases made at Term, at Chambers, in the Courts 
 o! Oyer, and Terminer of the State of Now York. By AitASA J. Parker. 
 
 The want of criminal reports has long been seriously felt. Tery few decisions have found 
 their way into the Supreme Court reports. The necessity for such reports is an obvious and 
 as urgent as is that which has led so universally to the reporting of decisions in civil con- 
 troversies. This want is being most ably supplied by Amasa J. Parker, Esq., one of the 
 udges of the New York Supreme Court, in the series of criminal reports now being issued 
 by him. No one better qualified than he could have undertaken tho task, and his position 
 as judge affords him unusual facilities, not only in obtaining the most important c:ises, but 
 also in acquiring correct information relative to them. These reports are destined to take 
 the highest rank among similar publications. The volumes already published contain many 
 eases of great interest and value. We would especially call attention to The People v. Thurs- 
 ton, and I'he People v. Robinson, in the second Tolume. Every magistrate and district attor- 
 ney, and every lawyer practicing in criminal courts, should obtain Parker's Reports ^vithout 
 delay. 
 
12 BANKS & BROTHERS' 
 
 PJIILtlPPS ON EVIDKIVCE. 
 Fom-th Edition. Three Vols. Price S18. 
 A treatise on the Law of Evidence. In three volumes, with Notes by EsEK CowEN, formerly 
 one of the Judges of the Supreme Court of the State of New York ; assisted by Nicholas 
 Hill, Jr., counselor at law, and late State Reporter. With additional Notes and Refer- 
 ences to the English and American Cases to the present time, by J. Marsdeu Tan Cott, 
 counselor at law. Fourth Edition, by Isaao Edwards, counselor at law, author of "ErJr 
 wards on Bailments,'' and "Edwards on Bills and Promissory Notes." 
 
 This edition comprises the whole of the English text, and Cowen & Hill's and Van Cott's 
 notes. The whole work has been rearranged and rewiitten, and a great number ef new and 
 valuable notes added. 
 
 Every precaution has been taken to render the present edition of this w©rk superior to any 
 that has been published upon the subject. Particular attention has been paid to the indexes 
 and table of cases, to have them full and accurate. 
 
 Notwithstanding numerous treatises on the Law of Evidence, the work of Mr. Phillippa 
 maintains an extraordinary pre-eminence. In England it has passed through nine editions. 
 No mere abridgment (such as all the American works on evidence may properly be denom- 
 inated) can supply its place. It is both elementary and practical, and is equally important 
 to the student and practicing lawyer. 
 
 [Froia A. J. Parker.] 
 
 Messrs. Banks & Brothera: — Gentlemen, — I have examined with Bomecare your new edition of Phillipps* 
 Evidence with Cowen and Hill's Notes, edited by Mr. Edwards, It is certainly a work of ^eat valne and _ 
 cannot fail to be highly appreciated by the l^rol'ession. To the Notes of Cowen and Hill, already of world- ' 
 wide celebrity, are added those by Mr. Edwards, which bring down the references to the present time. 
 These seem to have been faithfully prepared. I ihink the arranfrement is also improved, by bringing all the 
 Notes into more convenient pro.ximity to the text. This work now possesses the great advantage of en- 
 abling the professional practitioner or student, in examining a rule of evidence, to see at a glance a synopsis 
 of all the decisions bearing upon it, and, by tliie aid of the notes, to pursue the investigation by thti exami- 
 nation of the authorities bearing upon the subject. 
 
 [From Amos Dean.] 
 
 Messrs Banks <fe Brothera : — Gentlemen, — I think the arrangement of this work is admirable. The Pro- 
 fession 1 think all felt before, that, although the work presented an immense body of valuable law. yet its ar- 
 rangement was such that it was difficult to iind iust the thing that was wanted, and hence its usefulness wa.s 
 greatly diminished. It now appears easy of reterence, with indexes to eacli volume. It ia a splendid monu- 
 ment of human industry, and I trust you will derive from it all that your enterprising spirit so richly deserves. 
 [From the Commerciai. Advertiser.] 
 
 In New York, as in England, no person offered aa a witness is now excluded byrejison of incapacity from 
 interest, and even the ijarties to actions at law are competent "uitnesses. The law of evidence has been 
 subjected to substantially the same alteration in Connecticut, Vermont, Ohio, Massachusetts, New Jersey, 
 Mississippi, Wisconsin, Maine, Khode Island, and probably other states, in view of this radical amendment 
 and of various other modillcations, a new edition of this standard work was absolutely required, and must 
 be eagerly welcomed by the legal pnjfession. Greenleafs treatise on evidence is so purely elementary, 
 that it is more useful to the stuclent than to the actual practitioner of the law ; but this great work of Phil- 
 lipps (as revised and enlarged by himself and Justice Arnold in ten successive English editions, and copiously 
 annotated, first by Judge Cowen and Nicholas Hill, next by J. M, Van Cott, and now by Mr. Edwards, in 
 four successive American editions) is the most elaborate, comprehensive and thorough digest or abridgment 
 of the English and American law of evidence that has ever been compiled, and may truly be said to exhaust 
 tlie subject. The three volumes of the present edition contain, in the aggregate, nearly three thousand pages 
 of compactly printed matter, analytically arranged and minutely indexed, sujiplying an inexhaustible arm- 
 ory of arguments and precedents, to be readily found when needed in forensic contests. 
 
 KEEVE'S BOIMESXIC KEIiATIONS. 
 
 Second Edition. Price $3. 
 
 TME KEVISEn STATUTES OF THE STATE OF NEW YORK, 
 
 AUTIIOKIZED EDITION. CERTIFICATE OF THE S-ECRETARY OF STATE. 
 
 Fifili Edition. Three Volumes. Price $15. 
 
 The Revised Statutes op thk State or New York, as altered by subsequent 
 legislation, together with the unrepealed statutory provisions of a general nature, passed 
 from the time of the revision to the close of the session of the Legislature of 1858, arranged 
 in the manner of the Revised Statutes. To which are added references to judicial decisions 
 in relation to their provisions, and explanatoi'y notes. Prepared by Amasa J. Parker, 
 Georoe ■\Volford and Edward Wade, counselors at law. 
 
 Preface to the present Edition. — In preparing this edition of the Revised Statutes tho 
 
LAW PUBLICATIONS. 13 
 
 editors have followed the general plan adopted in the second and fourth editions. That 
 plan will be found particularly detailed in the preface to the fourth edition, and in the 
 extract from the preface to the second edition, herewith pubUshed. 
 
 All the public statutes now in force in this state, including those passed at the last 
 session of the legislature, are embodied in this edition, anr' paced under their appropriate 
 heads. (/« preparing the text, the previous editions have been carefully examined and all errors 
 found therein corrected.) 
 
 To the notes and references of the fourth edition, which have been adopted after critical 
 examination, there have been added notes explanatory of subsequent legislation and full 
 references to the decisions made since 1851, in the court of appeals, the supreme court, and 
 the superior court of the city of New York. Keferences are also given to Parker's Criminal 
 Reports, Bradford's Reports, and Howard's Practice Reports. 
 
 The groat amount of legislation since the publication of the fourth edition, particularly on 
 the subjects of schools and taxation, and the general acts of incorporation, with the special 
 legislation applicable to the city of New York, were found to have svielled the Vjoi Ic to so 
 great a size as to render three volumes indispensable. Sucli a change was found also not 
 inappropriate to a proper division of subjects, and it is believed it will be deemed to have 
 given a more convenient size to each volume. 
 
 Tlie index has been prepared with great labor, and will be fo-and to he very full and ivell 
 arranged for reference. 
 
 AMASA J. PARKER, 'GEORGB ■WOLFORD, EDWARD WADE. 
 
 WB BEG LEATB TO CALL ATTENTION TO THE FOLLOWING ! 
 
 The Hon. H. Benio says: — I do not doubt but that this wprk will be found valuable. 
 
 The Hon. Wm. S. Allen, of Oswego, N. Y., says : — It is in many respects an improvement on the fourth 
 edition. 
 
 The Hon. Amos Dean says: — The Profession can rely with great confidence on the general accuracy 
 of the edition. That which, in my opinion, is piirticularly commendable and will be in a mure e,^pecial 
 manner acceptable, is a most thorough, minute and well-displayed index. 
 
 J. Mullen, Watertown, says : — It is a well-arranged and in all respects a valuable edition of the Statutes. 
 
 Noah Davis, Jr., Albion, says; — The arrangement seems to be admirable and the index copious and 
 complete. 
 
 Hon. T. 0. Johnson, Corning, says:— These volumes are issued in astyle highly creditable to the publish- 
 ers, and reflect much credit upon the skill, industry and accuracy of the eminent legal gentlemen who have 
 prepared them for the publishers. 
 
 The Hon. D. Pratt, Syracuse, says : — 1 am well pleased with the manner in which] the Statutes are ar- 
 langed. The index is admirable. 
 
 The Hon. E. Darwin Smith, Kochester, says : — It was time a new edition was printed and it is prepared 
 in a fine manner. 
 
 With letters from Hon. Judges Corastock, Johnson, Selden, of the Court of Appeals, and Hon. Judges 
 ahankland, Harris, DaWes and others of the Supreme Court. 
 
 KEYNOLBS' HFE ASSURANCE. 
 Price $2. 
 A Treatise on the Law or Life Assurance. By Dbxtbk Reynolds, ooukselok at law. 
 
 KANDALiIi'S SCHOOL JLAW. 
 
 Price $1 25. 
 The Common School System of the State of New York, oompeising the se\'eeal 
 General Laws relating to Common Schools, together with full expositions, instructions and 
 forms for the use of the several school ofDcers and the inhabitants of districts; a complete 
 Digest of the Decisions of the State Superintendent, and the several local provisions for 
 the support of Common Schools in the cities 'and villages of the State. To which is pre- 
 fixed a Historical Sketch of the Origin, Progress and Present Outline of the System. Pre- 
 pared in pursuance of an Act of the Legislature, under the direction of the Hon. Christo- 
 pher Morgan, Superintendent of Common Schools. By Samhel S. Randall, Deputy Super- 
 intendent of Common Schools. 
 
 SANDFOKB'S CHANCERY REPORTS. 
 Four Vols. Price $20. 
 Reports or Cases Argued and Determined in the Court op Chancery of the State 
 
14 BANKS & BROTHERS' 
 
 of New York, before the Hon. Lewis H. Sandford, Assistant "Vice- Chancellor of the First 
 Circuit. 
 
 SANB-FOItB'S STJPEIHOK COTJRT HEPORTS. 
 
 Two Vols. Price $10. 
 Reports of Cases Argued and Determiked in the Superior Court of tee Citt of 
 New York. 
 
 SESSION i.A\rs. 
 The Session Laws of the State op New York are published at the close op each 
 Session. The Laws of the Legislature from 1821 to 1859, inclusive, in 38 Yolumeg. 
 These Session Laws are well executed, and bound separately, and sold very low. 
 
 SHERMAN'S MARINE INSURANCE. 
 Price $2 50. 
 
 S:?JITB['S COMMENTTARIES ON STATUTORY ANU CONSTITUTIONAL 
 
 liA^f^. 
 
 Price $5. 
 
 C05tMENTARTES ON STATUTE AND CONSTITUTIONAL LaW, AND STATUTORY CONSTITUTIONAL 
 
 Construction, containing -an Examination of Adjudged Cases on Constitutional Law, under 
 the Constitution of the United States, and the Constitution of the respective States, concern- 
 ing Legislative Power, and also the Consideration of the Rules of Law in the Construction 
 of Statutes and Constitutional Provisions. By E. Fitch Smith, counselor at law. 
 [From the New York Legal Obbbrveb.] 
 
 We have for some time past intended to direct the attention of the legal profession to the Hon. E. Pitch 
 Smi th's " Commentaries on Statute and Constitutional Law and Constitutional Construction." Instead of a 
 review of these Commentaries, we have concluded to present to our readers some of the many testimonial!* 
 which, at our request, the publishers have furnished us. In the Belknajj Gasette^ published in New Hainp- 
 shiro, we find these Commentaries thus alluded to : 
 
 "Mr. Editor, — Permit me, through the columns of your useful paper, to congratulate the profession upon 
 the appearance of the Hon, E. Fitch Smith's ' Commentaries on Statute and Constitutional Law.' 
 
 "The first five chapters in thi^ learned workconiaio the origin and history of legislation among the ancient 
 governments — of legislation in England — of Itgislation in the colony of Viiu'inia — of legislation in the col- 
 onies of New Plymouth and Massachusetts Bay. and in the Couuectieut colony — and then proceeds, sixthly, 
 to treat of the legislative power of the states, and the bills of rights of the respective states. Chapter 7th, of 
 legislative authority irrespective of any constitutional restrictions upon legislative power, &c. Sth, of 
 constitutional restrictions tipon legislative power, under the Constitution of the United States— first, as ap- 
 plicable to the federal government, and second, as applicable to the state governments, and the construction 
 put upon such restrictive clauses. 9th, of constitutional restrictions upon legislative power, under the con- 
 stitutions of the respective states, and the construction of such restrictive clauses, luth, of legislative and 
 judicial interpretation, lltb, of the division, qualities and incidents of statutes. 12th,ofinterpretation and. 
 construction of particular words. I3th, of uotemporancous exposition. 14th, of statutes in Pari JfaUria, 
 15th, of aflirmative and negative statutes. 16th, of equitable construction of penal stitutes. ISth, of the con- 
 struction of penal statutes. 19th, of the repeal of statutes. 20ih,of public and private statutes; and 21st, 
 of the proufs of the existence of statutes. 
 
 "It will at once be seen how indispensable a thorough knowledge of the subjects treated of in this work 
 is to every lawyer and legislator. The works of Judges Kent and Story, upon "the several subjfcts found in 
 Judge Smith's Commentaries, have been read with much pleasure aud instruction. But those works com- 
 bined do not present but parts of the great whole treated of in the Commentaries under consideration. The 
 hitter may well be calleil an American work, written in the true spirit of our free institutions, based upon 
 American anthuritiee, supported by lucid arguments, drawn from the vital principles of our government, 
 and snch constructions as have long received the unqualified api)robat1on of our own judiciary. After some 
 examination, I hope not to render myself ohno.xious to contradiction, by saying that, after the careful perusal 
 of these Commentaries, every jurist will cheerfully acknowledge the superiority of this work over any 
 others now extant, treating upon the flame general subjects. 
 
 •' I have now no time, if I had the ability, to make an analytical review of Judge Smith's very nsefnl 
 Commentaries. My only design, in taking up the pen upon this subject, was to call the attenlibn of the pub- 
 lic, and jurists in particular, to this new and valuable treatise, wiih a view of conferring a favor and ren- 
 dering £ome service, by the Information, to those who are hupposed to be more directly interested In such a 
 work. 1 hope the distinguished author will receive a reward commensurate with that great amount of labor 
 and splendor of achievement," 
 
 We understand the article above quoted emanated from the pen of the late attorney-general, a distin- 
 guihhed and learned constitutional lawyer. 
 
 The following extracts are taken from Hunt's Merchants' Magazine: 
 
 " A work, fully and ably treating the subject of statutory and constitutional law, hns been much needed 
 and the learned laborH of Mr, Smith have leanlted in an exceedingly seasonable publication. Of one fac 
 the book furnishes conclusive ^ftmct/aczfl ]»roof, and a refutation o'f a prevailing notion. We arc often 
 toW that the days of profound scholarship, of * learned tomea ' (as tlio [dirase runs), are gorte. Bnt that, in 
 
LAW PUBLICATIONS. 15 
 
 one branch at least of human learning, there are still to be found deep thonght and patient study, ench hooka 
 as these Commentaries conclusively prove ; and if we are told that we have no longer the huge folios of 
 former days, we answer that the fashion, rather than the size of the volume, has changed, and we point, for 
 proof, to Mr, Smith's octavo of a thousand pages. 
 
 "The direction of modern legal scholarship'has changed, but it has lost nothing in profundity. No longer 
 puzzling over the subtleties oV the schools, it finds enough to do in grappling with (he momentOLis ques- 
 tions and pres:*ing interests of the present; and no longer finding time for the refinements of a logic which 
 afforded gratification to a learned complacency, rather than yielding practical good, it has need of all its 
 time and powers to keep up with the developments of an active age, and in endeavoring to reduce to rule 
 and system the notions and opinions, the necessary modiQcations of old rules, called forth by new events 
 and the changing aspect of society. 
 
 " We ppeak not only with reference to our own conntry, when we call this work seasonable. At a time 
 when all Europe is convulsed witii movements, the whole end and aim of which isconstitutional change, the 
 shifting of the supreme power of states off one basis to another, with fundamental changes; in short, the 
 inquiry into the sources, nature, extent and limits (if Hmits there be) of this supreme power of states, be- 
 comes momentous and vital. When we consider that it has been for years a mooted point whether there 
 be in fact limits to the p«nver of the legislative or law-making auiljority, and how peniniicions'y the doc- 
 trine of the omnipotence of Parliament (as English writers call it) has been attacked and defended, we see 
 how funflamontal and at the same time unsettled, are some of the qnestitins connected with this subject. 
 One of the most interesting and elaborate chapters of this work is devoted to this question. Mr. Smith has 
 brought together the opinltms of die great text writers on the subject — those of Burlamaqui, Woodesson, 
 Domat, Blackstone and others on one side, and those of Vattel, Locke and Hall on the other, and then pro- 
 ceeds to examine, in detail, the leading American authorities, of both state and federal courts. 
 
 " We commend this work, and the subjfct which it treats, to the study, not only of the American lawyer, 
 but of the American legislator, the American merchant, and, we may add, to every citizen who, as a voter, 
 makes a unit in that aggregate of popular will which expresses itself by acts of leglshation. 
 
 A distinguished jurist says; — "This subject, so ably treated, is one of the highest interest and importance 
 not only to tke lawyer and jurist, but to the legislator and statesman and must-commend this work to the 
 diligent study of all those who aspire to an accurate knowledge of th science and true primiples of legisla- 
 tion." 
 
 A gentleman of high eminence at the Boston bar proaounces these Commentaries "an able, learned and 
 highly satisfactory treatise." 
 
 The attoiney-general of Alabama Bays: — "I have been highly delighted in their perusal; I entertain the 
 opinion, and have no doubt that ere long they will be in high esteem among the legal profession." 
 
 A juridical writer says : — " Such a work as this has beeh much needed. In it are discussed, and that In 
 a most abiti manner, the law and rules of construction of constitutional and statutory enactment. It opens 
 and enters in a bold manner upon a subject which, under onr free and republican institutions, presents a 
 wide and interesting field for the exjiloration of the legal student and juridical scholar in the exercise of 
 judicial and professional learning, and is worthy the careful and attentive perusal uf all those who (Wsire an 
 accurate and just apprehension of thp genuine policy and real philosophy of our happy and peculiar institu- 
 tions, or the true basis of human rights upon which they are founded." 
 
 Our space will not admit of further extracts at present. We would add, in our opinion, the work of Judge 
 Smith evinces an intimate and accurate acquaintance with constitutional law and other subjects of which he 
 treats. We find in it the impress of a clear and discriminating raind, legal ability as a juridical writer, un- 
 surpassed by few writers of the present day. From the l?arning and talent exhibited in the numeruua 
 judicial opinions of this author, which we have heretofore published, we had reason to expect that a 
 work emanating from his pen would be one of real intrinsic merit. Our expectations in this respect have 
 been fully realized. 
 
 These Commentaries also contain an unusual amount of original matter. We were much gratified in the 
 perusal of the lostcal and impressive argument contained in the opening of chapter nine; in which the 
 author discusses the important constitutional question, " What is a bill (within the meaning of our con- 
 stitution) appropriating the public moneys or property for local or private purposes?" 
 
 The concluding part of chapter seven, from section 149 to 173, both inclu.sive, contains one of the most 
 bold and masterly arguments which has ever fallen under our observation, upon the difficult and intricate 
 question, "As to the power of the legislature, irrespective of any constitutional restrictions, to pass retro- 
 5[ieotive laws which shall have a retroactive effect." 
 
 That portion of the work which relates to the consideration of the construction of statutes is of great 
 practical interest and utility to the profession, and in it will be found evidence of great research and of legal 
 erudition of no ordinary cast. The author has certainly rendered to the profession great and valuable service 
 in this branch of juridical science, and what has been done has been well and scientifically done. 
 
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 Price $5. 
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 Reports op Criminal Law Cases, with copious Notes and References ; containing 
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 A Treatise on Equity Jurisprudence. By John Willard, late one of the Justices 
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 Chapter 1 : Of the relief afforded by equity in cases of accident and mistake. — Chapter 2 : 
 Of Account. — Chapter 3 : Of Fraud. — Chapter 4 ; Of Specific performances ; Correction and 
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 Bills of Peace, Bills of Quia Timet, and Bills to Marshal Securities. — Chapters : Of Injunc- 
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 "WISCONSlrV REPORTS. 
 Second Edition. Five Vols. Price §25. 
 Reports op Cases Argued and Determined in the Supreme Court of the State 
 of Wisconsin. By Abram D. Smith, Associate Justice. 
 
PRECEDENTS, 
 
 PRACTICAL FORMS 
 
 ACTIONS AT LAW, 
 
 m THE SUPREME COURT OF THE STATE OF NEW YORK, 
 
 THE SUPERIOR COURT AND COURT OF COMMON 
 
 PLEAS, FOR THE CITY OF NEW YORK, 
 
 ADAPTED TO THE 
 
 CODE AND RULES OF 1858, 
 
 AND TO THE PRACTICE OF STATES HATING A SIMILAB CODE; 
 
 POEMS IN PEOCEEDrfTGS AGAINST SHIPS AND VESSELS; PAETITION OF 
 
 INFANTS' ESTATE ; SALE OF INFANTS' ESTATE; ADMEASUREMENT OF 
 
 DOWEE, FOEECLOSTJEEBT ADVERTISEMENT; DETEEMINATIOH 
 
 OE CLAIMS TO EEAL ESTATE AND APPEALS FEOM SUEEO- 
 
 GATES' C0UET8, AND IN SUEEOGATES' 00UET8. 
 
 BY m STM^CALL, 
 
 COITNSBLOE AT LAW. 
 
 SECOND EDITION, ENLABGBD AND IMPROTED. 
 
 BANKS & BEOTHEES, 
 
 144 NASSAU STREET, NEWXORK, 
 
 AND 
 
 476 BROADWAY, AI,BANT. 
 
 1858. 
 
Entered according to act of Congress, in the year one thousand eight hundred 
 and fifty-eight, 
 BY BANKS & BROTHEHS, 
 In the Clerk's Office of the District Court of the Southern District of New York. 
 
TO 
 
 THE HON. IRA HARRIS, LL. D., 
 
 AS A 
 
 TESTIMONY OF EESPECT FOR HIS TALENTS, 
 
 AND AN 
 
 ACKNOWLEDGMENT OF THE GREAT OBLIGATIONS 
 
 WHICH HIS KINDirESS AND FRIENDSHIP 
 
 HAVE CONFERKBD ©W THE TOUNGElffi BIEmBEKS 
 
 OF OUB PBOPESSION, 
 
 THIS work; 
 
 IS MOST RESPECTPtTLLT 
 
 INSCRIBED. 
 
PREFACE. 
 
 The numerous works upon Practice and Pleadings which, 
 have been published since the passage of the Code in 1848, 
 would seem, at first view, to more than satisfy the demands 
 of the profession, and forbid the hope that any new work 
 upon the subject could obtain the public favor. But when 
 one reflects, how changing our practice has been, it will im- 
 mediately occur to him, that all such works must be ephe- 
 meral in their nature, and that those first published must have 
 become in many respects obsolete, and in others destitute of 
 much of that information which the practitioner needs. 
 
 The system of practice which the Code abolished was the 
 growth of years ; many of its rules and precedents had existed 
 for over a century, and the statute which abolished the forms 
 of all actions and suits then existing, deprived the practitioners 
 of those sure and safe guides by which they had been accus- 
 tomed to conduct their proceedings. To rebuild a system 
 complete in all its parts, cannot be the work of a day. Years 
 must be spent, and many minds employed before it will be- 
 come one consistent, perfect whole. But that such a system 
 will be perfected in our state, no one can doubt who is ac- 
 quainted with the labor, energy and perseverance of the mem- 
 bers of the legal profession. Minds schooled in our former 
 
iy PREFACE. 
 
 system of practice never will be satisfied with the present, till 
 it has acquired all the improvement that learning and talents 
 can give. 
 
 Learned and extensive disquisitions upon the theory and 
 practice of our courts never have and never will fully satisfy 
 the demands of the profession. The experience of every legal 
 practitioner bears witness to the convenience of having at 
 hand a work of approved precedents in aU the more common 
 forms of pleadings and process which are in daily use. 
 
 To provide a set of forms for every emergency would be 
 impossible. To provide those which are in constant use in 
 the hands of every practitioner, is the design of the present 
 work ; and it is believed that most, if not all of them, wiU be 
 found in the following pages. 
 
 In addition to the forms in ordinary actions, precedents 
 have been added in the more common of the various special 
 proceedings, believing that they would not be unacceptable to 
 great numbers of the profession. 
 
 Albany, August, 1852. 
 
PREFACE 
 
 TO THE SECOND EDITION. 
 
 The kind favor witli whicli tlie first edition of the present 
 work was received, together with the rapid sale of the whole 
 of that edition, and the frequent calls for the work since it 
 was out of print, have induced the publishers and the author 
 to submit a second edition to the indulgence of the profession. 
 The work has been enlarged, corrected and adapted to the 
 present state of the practice ; one hundred and twenty-five 
 forms have been added, and it is confidently hoped that the 
 student and practitioner will find it a complete book of forms 
 in all those departments ta which they need so ready and 
 complete an assistant. 
 
 Albany, April, 1858. 
 
CONTENTS 
 
 PAO& 
 
 Acknowledgment, 1 
 
 Affidavits, 1 
 
 Assignment, 40 
 
 Attachment 40 
 
 Bill of Particulars, 44 
 
 Bond, 48 
 
 Case, 56 
 
 Certificate, 68 
 
 Deed, 63 
 
 Exceptions, 54 
 
 Exoneretur, 73 
 
 Execution, 73 
 
 Habeas Corpus, 83 
 
 Injunction, 83 
 
 Interrogatories, 84 
 
 Judgment, 86 
 
 Lunacy, , 119 
 
 Mandamus, 144 
 
 Ne Exeat, 145 
 
 Note of issue, 146 
 
 Notice, 146 
 
 Order, 179 
 
 Oath, 21S 
 
 Petition, 216 
 
 Pleadings, 220 
 
 Report, 292 
 
yiii CONTENia 
 
 PAOB. 
 
 Eetum, 308 
 
 Batisfaotion Piece, 31f 
 
 Sheriff's Eeoeipts, 318 
 
 Subpoena and Tickets, 319 
 
 Summons for 'Witneases, 323 
 
 Stipulation, 324: 
 
 Summons in Actions 325 
 
 Substitution, 328 
 
 Transcripts, 329 
 
 Undertaking, 330 
 
 Waiver, , 338 
 
 Warrant, 339 
 
 Writi 340 
 
 Proceedings against Sliips and Vessels, 34.2 
 
 for appointment of General Guardian, 35T 
 
 for Partition of Infants' Estate, 368 
 
 for Sale of Infants' Estate, Stl 
 
 iu Foreclosure by Advertisement, 380 
 
 in Admeasurement of Dower, 884 
 
 to determine Claims to Real Estate, 389 
 
 in Appeals from Surrogate's Court, 394 
 
 in Surrogates' Courts, 398 
 
PRACTICAL FORMS. 
 
 [ No. 1. ] 
 
 Acknowledgment of undertaking. 
 
 (City and) County of Albany, ss : On tliis day of 
 
 personally came before me the within named A. B. 
 
 and C. D., to me known to be the persons described in and 
 
 who executed the within (or foregoing) undertaking, and 
 
 severally acknowledged the execution thereof. 
 
 B. R, 
 Commissioner of Deeds. 
 
 [ ^o. 2. ] 
 
 Justification of sureties in an undertaking. 
 
 (City and) County of Albany, ss : A. B., of the city of 
 Albany, and 0. D., of the same place, being each duly sworn, 
 does each for himself severally say that he is a resident and 
 freeholder (or householder) within this state, and is worth the 
 sum of hundred dollars, over and above all debts and 
 
 responsibilities he owes or has incurred. 
 
 A. B. 
 CD. 
 Severally sworn before me 
 this day of 1858. 
 
 Gr. H., Com. of Deeds. 
 1 
 
2 PEACTIOAl FOBMS. 
 
 [ No. 3. ] 
 
 Proof of service of summons and complaint. 
 
 (City and) County of Albany, ss : A. B., of the city of Al- 
 bany, being sworn, says, that on the fourteenth instant he 
 served the within summons and complaint in the town of 
 Bethlehem, on the within named C. D., to him known to be 
 the person mentioned and described in the summons, as defend- 
 ant therein ; and that he left with the defendant such copy as 
 
 well as delivered it to him. 
 
 A. B. 
 Sworn, &o. 
 
 [ No. 4. ] 
 Affidavit to complaint, answer or reply. 
 
 (City and) County of Albany, ss: A. B., the plaintiff, (or 
 one of the plaintiffs,) or (the defendants, or one of the defend- 
 ants,) being sworn, says the foregoing complaint, (or answer, 
 or reply,) is true of his own knowledge, except as to the 
 matters which are therein stated on his information and be- 
 lief, and as to those matters he believes it to be true. 
 
 A. B. 
 
 Sworn, &c. 
 
 [ No. 5. ] 
 
 Affidavit to petition. 
 
 (City and) County of Albany, ss: On this day 
 
 of before me personally came A. B., to me known to 
 
 be the person described in, and who signed the foregoing pe- 
 tition ; who, being by me sworn, did say, that he has read (or 
 heard read) the foregoing petition by him subscribed, and 
 knows the contents thereof, and that the same is true of his 
 own knowledge, except as to the matters which are therein 
 
PRACTICAL FORMS. 3 
 
 stated to be on his information or belief, and as to tliose mat' 
 ters, he believes it to be true. 
 
 CD., 
 Com. of Deeds. 
 
 [ No. 6. J 
 
 Affidavit of service of notice of motion. 
 
 County of Columbia, ss : A. B., of the town of Kinder- 
 hook, in the said county, being duly sworn, says, that on the 
 day of instant, this deponent served upon 
 
 C. D., Esq., attorney for the within named plaintiff, (or de- 
 fendant,) copies of the within affidavits, and a notice of motion 
 of which the within is a copy, by delivering the same to him 
 personally, (or by leaving the same in the office of the said 
 
 C. D., with a person having charge thereof; or by leaving 
 the same in the office of the said C. D. between the hours of 
 six in the morning and nine in the evening, in a conspicuous 
 place in the office of the said C. D., there being no person 
 therein ; or by putting the same in the post-office at Kinder- 
 hook, properly inclosed in an envelope, directed to the said C. 
 
 D. at Albany, his residence, and paying the postage thereon.) 
 
 A. B. 
 
 Sworn, &c. 
 
 [ N"o. 7. ] 
 Affidavit to attach sheriff for not returning execution. 
 
 Supreme Court. 
 A. B. I 
 
 agt. V 
 C. D.j 
 
 (City and) County of Albany, ss: G. H. being sworn, says, 
 
 he is attorney for plaintiffs in this action; that the judgment 
 
 roll was filed in the clerk's office, in Albany county, on the 
 
 day 1850, for five hundred dollars damages 
 
4. PRACTICAL POEMS. 
 
 and costs, and execution in due form duly issued therefor on 
 the day of 1850, and received by the sheriff 
 
 of the said county of Albany on the day of 
 
 1850; that deponent has inquired at the Albany county 
 clerk's of&ce for said execution, and tbe same has not been re- 
 turned, as therein commanded and directed, although suffi- 
 cient time has elapsed therefor; nor has anything been paid 
 thereon to the plaintiif herein, or to this deponent, and the 
 whole judgment remains due and unpaid, and said, sheriff is 
 
 in default. 
 
 G. H. 
 
 Sworn, &c. 
 
 [ No. 8. ] 
 Affidavit to obtain copy papers. 
 
 (Title of aiction.) 
 
 New York City and County, ss : A. B., being sworn, says, 
 he is the defendant (or the plaintiff) in this action, and CD. Esq., 
 of Albany, is his attorney ; that this is an action of assumpsit, 
 founded upon an alleged contract (or whatever the subject of 
 the action may be) made on or about the 9th day of August, 
 1849, between the said plaintiff and defendant ; that the said 
 contract is in writing (or certain papers in writing, particu- 
 larly describing them,) relating to the merits and defence (or 
 prosecution) of this action, and in the possession of or under 
 the control of said plaintiff, (or said defendant,) and not in 
 the possession of or under the control of this defendant, (or 
 this plaintiff;) and this deponent is advised by his counsel, 
 and verily believes, th&,t the discovery of the said contract in 
 writing (or said papers) is necessary to enable this defendant 
 to prepare his answer, (or for trial,) or (this plaintiff to prepare 
 his complaint, or reply; or for trial in this action.) 
 
 A. B. 
 
 Sworn, &c. 
 
PBAOTIOAL FORMS. 5 
 
 [ No. 9. ] 
 Affidavit of merits. 
 
 (Title of the action.) 
 
 County of Greene, ss : G. H., the defendant, (or one of the 
 defendants,) in the above entitled action, being duly sworn, 
 doth depose and say, that he has fully and fairly stated this 
 case to A. B., Esquire, of the city of Hudson, defendant's 
 counsel in this cause, and that the defendant has a good and 
 substantial defence on the merits in this action, as he is ad- 
 vised by his said counsel, and verily believes. 
 
 G. H. 
 
 Sworn, &c. 
 
 [ No. 10. ] 
 Affidavit of copy account furnished. 
 
 (Title of the action.) 
 
 (City and) County of Albany, ss : G. H., the plaintiff, (or 
 the defendant,) being sworn, says, he believes the annexed to 
 be a true copy of the plaintiff's demand (or the defendant's 
 set-off, or counter claim) in this action. 
 
 G. H. 
 
 Sworn, &c. 
 
 [ No. 11. J 
 
 Affidavit to move for judgment, as in case of nonsuit. 
 
 (Title of the action.) 
 
 City and County of Albany, ss : A.. B., the attorney for 
 the defendant in this action, being duly sworn, says, that the 
 place of trial in this action is the county of Albany ; that 
 issue was joined in this cause on the 14th day of December 
 last past ; that a circuit court was held at the City Hall, in 
 
6 PEACTIOAL FORMS. 
 
 the city of Albany, in and for the said county, on the fifth 
 day of July last past, and that the said plaintiff did not 
 notice the said action for trial (or having noticed the said 
 action for trial, did not proceed and try the same) at the said 
 Circuit Court, according to the practice of this court ; and 
 that this action has not been noticed for trial by the defend- 
 ant ; and deponent further says, that issues of a later date 
 were, in the regular order of the calendar, tried at the said 
 Circuit Court. 
 
 A. B. 
 Sworn, &c. 
 
 [ No. 12. ] 
 Affidavit to move for judgment as in case of non pros. 
 
 (Title of the action.) 
 
 Onondaga County, ss : G. H., the defendant's attorney, 
 being sworn, says this action was commenced by personal 
 service of a summons on the 12th day of November, 1850, 
 as he is informed and believes, a copy of which is hereto 
 annexed ; that a notice of retainer and demand of a copy of 
 complaint was served on the attorney for the plaintiff in this 
 action, on the 20th day of the same month ; and no copy 
 complaint has been served to the knowledge or belief of 
 deponent. 
 
 Sworn, &c. 
 
 G. H. 
 
 [ No. 13. ] 
 Affidavit to move for a commission. 
 
 (Title of the action.) 
 
 Albany City and County, ss : J. H., the plaintiff (or one 
 of the plaintiffs) in this action, being sworn, says, that issue 
 was joined in this action on the 12th day of September, 1851 ; 
 
PRACTICAL FORMS. 7 
 
 and he furtlier says that he has fully and fairly stated the 
 case in this action ^to A. B., Esq., his counsel herein, who 
 resides in said city ; and has fully and fairly stated and dis- 
 closed to his said counsel the facts which he expects to prove 
 by C. D., a witness for the plaintiffs, and deponent says that 
 said C. D. is a material witness for the plaintiff in this action, 
 as he is advised by his said counsel, after such statement of 
 his case and the case as aforesaid, and verily believes that 
 without the benefit of the testimony of the said C. D., he 
 cannot safely proceed to the trial of this action, as he is also 
 advised by his said counsel, and verily believes; and de- 
 ponent further says, that the said C. D. does not reside 
 within this state, but resides in Havana, on the island of 
 Cuba. 
 
 J. H. 
 Sworn, &c. 
 
 [ No. 14. ] 
 Affidavit of agent who delivers commission. 
 
 City and County of Albany, ss : L. M., of the city of 
 Havana, in the island of Cuba, being sworn, says, the in- 
 closed packet now by him delivered to P. E., Esquire, clerk 
 of the county of Albany, to the said clerk directed, and to 
 be by him opened, was received by this deponent on the 16th 
 day of July last past, from the hands of 0. "W., of the city 
 of Havana aforesaid, a commissioner, as this deponent is in- 
 formed and believes, named in the commission in the within 
 packet; and this deponent further says, that the said packet 
 has not been opened or altered since he received it from the 
 said 0. W. 
 
 L. M, 
 
 Sworn, &c. 
 
8 PRACTICAL FORMS. 
 
 [ No. 15. ] 
 Affidavit of defendants default. 
 
 (Title of the action.) 
 
 Essex County, ss : L. "W. being sworn, says, lie is tlie at- 
 torney for the plaintiff in this action, and that no answer or 
 demurrer or notice of appearance has been received in this 
 
 action. 
 
 L. W. 
 
 Sworn, &c. 
 
 [ No. 16. ] 
 Affidavit of disbursements. 
 
 (Title of action.) 
 
 Essex County, ss : L. W. being sworn, says, he is the at- 
 torney for the plaintiff (or defendant) herein, and. that the 
 disbursements above mentioned have been made or incurred 
 in this action. 
 
 L. W. 
 
 Sworn, &c. 
 
 [No. 17. ] 
 Affidavit to obtain order to file pleadings. 
 
 (Title of the action.) 
 
 County of Greene, ss : A. B., the defendant's attorney, 
 being sworn, says, that the summons and complaint (and 
 reply) (or answer) were served in this action more than ten 
 days since, and that this deponent has made inquiries at the 
 clerk's of&ce of the county of Greene, the county in which 
 the trial of this action is laid, and that said summons and 
 complaint (and reply) (or answer) have not been filed in said 
 office. 
 
 A. B. 
 
 Sworn, &c. 
 
PRACTICAL FOBMS. 9 
 
 [ No. 18. ] 
 
 Affidavit to put off trial on account of plaintiff ''s act in the 
 premises. 
 
 •(Title of the action.) 
 
 Orleans County, ss : B. P. being duly sworn, says, he is 
 the defendant in this action, and that he has fully and fairly 
 stated the case in this action to A. S., his counsel in this ac- 
 tion, who resides in Medina, in said- county ; and that he has 
 a good and substantial defence upon the merits thereof, as he 
 is advised by his said counsel, and verily believes to be true. 
 This deponent farther says, that issue has been joined in this 
 action, and that the plaintiff has noticed the same for trial at 
 the April term of this court, to be held in the county of Or- 
 leans. This deponent further says, that since the said plain- 
 tiff noticed this action for trial, and while this deponent was 
 preparing for the trial thereof, the said plaiatiff in this action 
 being also plaintiff in another action, in which the place of 
 trial is the county of Albany, has subpoenaed this deponent, 
 and paid him his fees to attend the same ; that said second 
 suit is noticed for the same time as the first suit ; and that 
 owing to the sickness of deponent's counsel in the first-men- 
 tioned action, it is absolutely necessary that this deponent 
 should be present at the trial thereof, but that he wiU be un- 
 able to be present at the court to be held in the county of 
 Orleans, and also obey the said summons requiring his pres- 
 ence in the county of Albany. 
 
 B. F. 
 
 Sworn, &c. 
 
 [ No. 19. ] 
 Affidavit to put off trial on account of witness. 
 
 (Title of the cause.) 
 
 Albany City and County, ss : Gr. H., the plaintiff" (or de- 
 fendant) in this action, being sworn, says, that issue has been 
 
10 PEAOTICAL FORMS. 
 
 joined in this action, and the same duly noticed for trial at 
 the present circuit, and is now on the calendar of this court 
 for trial. And deponent further says, that since this cause 
 "was noticed for trial, L. M., one of the witnesses on the part 
 of this plaintiff (or defendant), who resides at New York, was 
 on the 10th day of March last past, duly subpoenaed to attend, 
 the trial of this action, but that since the service of the said 
 subpcena the said L. M. has become seriously ill, and is now 
 wholly unable to attend this court, or be present at the trial 
 of this action in its order on the calendar. And deponent 
 further says, that he has fully and fairly stated this case, and 
 the facts which he expects to prove by the said L. M., to D. C, 
 his counsel in this action, who resides in the city of Albany, 
 and that without the benefit of the testimony of the said L. M., 
 he cannot safely proceed to trial, as he is advised by his said 
 counsel, and verily believes. And this deponent further says, 
 that he has been informed by E. S., the physician attending 
 the said L. M., and verily believes, that the said witness will 
 be able to attend this court by the time of the next term of 
 the circuit of this court, in this county. And deponent fur- 
 ther says, that he has fully and fairly stated the case in this 
 action to the said D. C, and that he has a good and substan- 
 tial defence upon the merits thereof, as he is advised by his 
 said counsel, and verily believes to be true. 
 
 Sworn, &c. 
 
 G. H. 
 
 [ No. 20. ] 
 Affidavit on claim of delivery of personal property. 
 
 Erie County, ss : Gr. W. being sworn, says, that he is the 
 plaintiff (or one of the plaintiffs) in an action about to be com- 
 menced, for the wrongful (taking and) detention of the prop- 
 erty hereinafter mentioned and described, and that he, the 
 deponent, (with S. H., are) is now the owner of the property, 
 goods and chattels herein named and mentioned, (here describe 
 the goods particularly, and where they are, as near as may 
 
PRACTICAL FORMS. 11 
 
 be.) . That the said goods (were wrongfully taken and) are 
 wrongfully detained from the said plaintiff ; that the alleged 
 cause of detention is, that said goods were sold to one L. M. 
 (or whatever the cause of detention may be.) 
 
 And this deponent further says, that the value of the said 
 J goods is about five hundred dollars. 
 
 And this deponent further says, that the said property has 
 not been taken for a tax, assessment or fine, pursuant to any 
 statute, or seized under an execution, or attachment against 
 the property of the plaintiffs. 
 
 G-. W. 
 
 Sworn, &c. 
 
 [ No. 21. ] 
 
 Affidavit of filing notices of pendency of action in foreclosure suit. 
 
 (Title of the action.) 
 
 Albany (City and) County, ss : E. B., of the city of Al- 
 bany, being sworn, says, that he is the attorney for the plain- 
 tiff in this action ; that said action was commenced to fore- 
 close a mortgage ; that the summons and complaint was served 
 on A. B., the defendant, and the summons and notice, a 
 copy of which is hereto annexed, on all the other defendants 
 herein, on or before the seventh day of April last past, as ap- 
 pears by the proof of said service, and that more than twenty 
 days since a notice of the pendency of this action, of which 
 the annexed is a copy, was filed in the office of the clerk of 
 Albany county, in which county said mortgaged premises are 
 situated, which notice contained the names of the parties to 
 this action and the object of the same ; the date of the said 
 mortgage, and the names of the persons by whom and to whom 
 said mortgage was executed ; the time when, and the office in 
 which said mortgage was recorded ; a description of the land 
 mortgaged as set forth in said mortgage, and showing the town 
 (and village or ward) and county in which said mortgaged 
 premises were situated at the time when this action was 
 commenced. 
 
 E. B. 
 
 Sworn, &c, 
 
12 PRACTICAL FORMS. 
 
 [ No. 22. ] 
 
 Affidavit to obtain a reference in a foreclosure action. 
 
 (Title of action.) 
 
 Albany City and' County, ss : E. B., the plaintiff's attor- 
 ney in this action, being sworn, says, that this action was 
 commenced to foreclose a mortgage ; that none of the said 
 defendants are absentees, and that none of said defendants 
 have appeared in this action, except A. B. by C. D., his at- 
 torney, and G. P. by J. K., his guardian ad litem; that there 
 are no infant defendants, except the said G. F. And this 
 deponent further says, that he has made the necessary inquir- 
 ies to ascertain the location of the premises described in the 
 said mortgage, and the town (or ward and city) and county 
 in which said premises, and every part thereof, were situated 
 at the time of the commencement of this action, and of the 
 filing of the notice (a copy of which is hereto annexed) in the 
 clerk's ofiice of the county of Albany, and that the particu- 
 lars stated in the notice are correctly and truly stated therein 
 as they existed at the time of filing said notice ; and that 
 since the filing of said notice, the complaint in this action has 
 not been amended by making a new party to the action, or so 
 as to affect other property not described and set forth in the 
 original complaint, or so as to extend the claims of the plain- 
 tiff against the mortgaged premises. 
 
 E. B. 
 
 Sworn, &c. 
 
 [ No. 23. ] 
 
 Affidavit to obtain surplus in a foreclosure action. 
 
 (Title of action.) 
 
 . A. B., one of the defendants in this action, being sworn, 
 says, this action was commenced to foreclose a mortgage ; 
 that judgment has been entered in said action, as this depo- 
 nent is informed and believes, and that a sale has been made 
 
PRACTICAL FORMS. IS 
 
 of the said premises under the direction of this court, and 
 that the claim of the plaintiff in this action has been paid, 
 and that there remains a balance over and above the money 
 due on said mortgage and costs of this action, which has 
 been brought into this court subject to the order thereof. 
 This deponent further says, that he has a claim on the said 
 surplus money, amounting to one hundred dollars ; that said 
 claim consists of a judgment obtained in this court on the 
 seventh day of July, 1851, against L. M., then the owner in 
 fee of the premises described in the said mortgage, which this 
 action is brought to foreclose. 
 
 B. A. 
 Sworn, &c. 
 
 [ No. 24. ] 
 Affidavit of service of a judge's order. 
 
 Erie County, ss : B. A. being sworn, says, that on the 
 fourth day of 'October, 1851, in the city of Buffalo, he per- 
 sonally served the within order upon each of the persons 
 therein named, to wit, E. N. and S, H., by delivering to, and 
 leaving with each a copy of said order, and at the same time 
 showing each the original order. 
 
 B. A. 
 
 Sworn, &c. 
 
 [ No. 25. ] 
 
 Affidavit to change place of trial. 
 
 (Title of action.) 
 
 Albany City and County, ss : A. B., the defendant in the 
 above entitled action, being sworn, deposes and says, that he 
 has fully and fairly stated to C D., Esquire, of the city of 
 Albany, a counselor of this court, and counsel for the defend- 
 ant in this action, the case and the grounds of defence in this 
 action, and that the defendant has a good and substantial de- 
 
14 PEAOTIOAL FORMS. 
 
 fence therein upon the merits, as he ia advised by the counsel 
 above named, and believes to be true. And this deponent 
 further says, that issue is joined in this action, and that the 
 place of trial is laid in the county of New York. 
 
 And this deponent further says, that he has stated to the 
 counsel above named the facts he expects to prove by each 
 and every one of the witnesses hereinafter named ; and that 
 L. M., J. G-., H. D., and B. B., all of the city of Albany, are 
 (and each and every one of them is, a) material witnesses for 
 the defendant on the trial of this action, as he is advised by 
 the said counsel, and believes to be true ; and that without 
 the testimony of each and every one of the witnesses above 
 named, the defendant cannot safely proceed to the trial of this 
 action, as he is also advised by the said counsel, and verily 
 beheves to be true. 
 
 And this deponent further says, that this action is brought 
 to recover a demand for work, labor and services (or whatever 
 the cause may be), and the whole cause of action arose in the 
 city and county of Albany, and not in the city of New York, 
 and that none of the facts at issue in this action took place in 
 New York, but all the said actions, if done of transpired, as 
 stated in said complaint (and reply), were performed in said 
 city of Albany, and not in New York. 
 
 And this deponent further says, that he expects to prove 
 by (here, if advisable, state the facts to be proved by each 
 witness.) 
 
 A. B. 
 
 Sworn, &c. 
 
 [ No. 26. ] 
 
 Affidavit to petition for discovery of booJcs a7id papers. 
 
 Greene County, ss : S. H., the petitioner above named, 
 being sworn, says, that he has read the above petition, by him 
 subscribed, and knows the contents thereof, and that the 
 same is true, in substance and in fact, to his best knowledge 
 and belief. And deponant further says, that the papers, 
 
PRACTICAL FORMS. 15 
 
 whereof a discovery and production are sought by the said 
 petition, are not in his possession nor under his control. And 
 deponent further says, that he has fully and fairly stated this 
 case to his counsel, A. B., who resides in the village of 
 Athens, in said county, and that the discovery of the said 
 paper writing is necessary to enable this deponent to prepare 
 for the trial (or his complaint or answer) of the issue men- 
 tioned in said petition, as he is advised by his said counsel, 
 and verily believes. 
 
 S.H. 
 Sworn, &c. 
 
 [ No. 27. ] 
 Affidavit to obtain further hill of particulars. 
 
 Columbia County, ss : H. M., the attorney for the plain- 
 tiff", (or defendant,) being sworn, says, that on the iirst day of 
 August, inst., he caused a demand of a bill of particulars of 
 defendant's*set-off (or plaintiff's demand) to be served on the 
 defendant's or plaintiff's attorney, and that, in compliance 
 with such demand, that a bill has been furnished, of which 
 the annexed is a copy. (And this deponent says that a fur- 
 ther or more particular bill is necessary for the plaintiff (or 
 defendant) in this action.) 
 
 H. M. 
 
 Sworn, &c. 
 
 [ No. 28. ] 
 
 Affidavit for attachment. 
 
 (Title of action.) 
 
 Wayne County, ss : P. B., the plaintiff in this action, be- 
 ing sworn, says, this action is brought to recover a demand 
 against the defendant, for work, labor and services, (or for 
 cash loaned, or whatever the same may be ;) that the said de- 
 fendant is a foreign corporation, created by and under the 
 
Ig PRAOTICAX FORMS. 
 
 laws of the state of Vermont, (or that since the commence- 
 ment of this action, defendant has absconded, or is about to 
 abscond and leave this state, as this deponent is informed and 
 believes ; and that the facts set forth in the accompanying 
 affidavits are the grounds upon which this deponent forms 
 
 his belief) (that said defendant is about to abscond.) 
 
 P. B. 
 Sworn, &c. 
 
 [ No. 29. ] 
 Affidavit for order to publish summons. 
 
 (Title of the action.) 
 
 Albany County, ss : L. M., the plaintiff, being sworn, says, 
 that the summons in this action was issued some time during 
 the month of May last past, to the sheriff of the county of 
 Oneida, the county where the above-named defendant last re- 
 sided, and that said sheriff has returned the same, with his 
 certificate thereon indorsed, that he is unable to find the said 
 defendant in his county ; and that upon due inquiry, this de- 
 ponent is unable to learn the residence of the said defendant, 
 and that the said defendant cannot be found within this state, 
 to the knowledge or belief of this deponent ; and this de- 
 ponent further says, that the said defendant owns a large 
 amount of property within this state, to wit, a house and lot 
 in the city of Albany (or a large amount of personal property, 
 in the hands of one G. H., as this deponent has been informed 
 by the said G. H., as the same may be.) 
 
 L. M. 
 
 Sworn, &c. 
 
 [ No. 30. ] 
 
 Affidavit for order to publish summons. 
 
 Greene County, ss : A. B., of said county, being sworn, 
 says, he has a good cause of action against K M., of the city 
 
PRACTICAL FORMS. 17 
 
 of Boston, state of Massachusetts, founded on a promissory 
 note, the consideration of which was (state consideration ;) (or 
 for goods sold to the said E. M., or whatever the cause of 
 action may be;) that the said' E. M. is not a resident of this 
 state, but resides in the city of Boston, state of Massachusetts ; 
 that the said R. M. has property in this state to a large 
 amount,- as this deponent is informed and believes, to wit : a 
 large farm in the county of Allegany, occupied by one S. T. ; 
 that the said S. T. informed this deponent that the said E. M. 
 owned the farm, and that he, the said S. T., informed this de- 
 ponent that he paid rent therefor to the said E. M., and the 
 said B. M. has a large quantity of goods, wares and merchan- 
 dise in the hands of E. F., of the city of Albany, as this de- 
 ponent is informed and believes ; that the said E. F. represents 
 himself as the agent of the said R. M., and is engaged in sell- 
 ing the same as the property of the said R. M. 
 
 A. B. 
 Sworn, &c. 
 
 [ No. 31. ] 
 Affidavit to obtain security for costs. 
 
 (Title of the action.) 
 
 Ontario County, ss : H. B. being sworn, says, that this 
 action was commenced by the personal service of a summons 
 (and complaint) on this defendant ; that the said plaintiff is a 
 non-resident of this state, as this deponent has been informed, 
 and believes, by one G. H., that said plaintiff resides in the 
 state of Yermont, and not within the jurisdiction of this court, 
 (or that since the commencement of this action the said plain- 
 tiff has removed from this state to the state of Illinois, and 
 hereafter intends residing there, and is no longer a citizen of 
 this state, and not within the jurisdiction of this court ;) or 
 (that said plaintiff is an infant, whose guardian, by whom he 
 appears, has not given security for costs.) 
 
 Sworn, &c. 
 
 2 
 
18 PRACTICAL FORMS. 
 
 [ No. 32. ] 
 Affidavit to set aside default. 
 
 (Title of the action.) 
 
 Chenango County, ss : N. P. being sworn, says, he is the 
 defendant's attorney in this action ; that the summons (and 
 complaint) were served on the defendant on the first day of 
 May last past, as he is informed by the said defendant. And 
 deponent further says, that as the attorney of said defendant, 
 he did on the eighth of said May, serve on the attorney for the 
 plaintiff in this action a notice of retainer and a demand of 
 complaint ; that such service was made by inclosing the same 
 in an envelope addressed to the said attorney for plaintiff at 
 his residence in the city of Troy, and paying the postage 
 thereon. And deponent further says, that notwithstanding 
 the service of notice of retainer and demand of copy com- 
 plaint, the said plaintiff's attorney did enter up judgment in this 
 action, as appears by the docket of the said judgment now 
 made in the clerk's office of the said county of Chenango. 
 And deponent further says, that the said defendant has a good 
 defence on the merits in this action, as will appear by the af- 
 fidavit of the said defendant hereto annexed. 
 
 K P. 
 
 Sworn, &c. 
 
 [ No. 33. ] 
 Affidavit to set aside inquest. 
 
 (Title of action.) 
 
 County of Schenectady, ss : M. N. being sworn, says, he 
 is attorney for the defendant in this action ; that issue was 
 joined herein on the third day of March last past, and the 
 action was noticed for trial by the plaintiff (and defendant) at 
 a circuit court, to be held at the court-house in the city of 
 Troy, on the first Monday of April last past. And this de- 
 ponent further says, that on the thirtieth day of March afore- 
 
PRACTICAL FORMS. 19 
 
 said, an affidavit of merits, of wliich the annexed is a true 
 copy, was sworn to by the said defendant, and the same was, 
 on the first day of April, filed in the office of the clerk of 
 Eensselaer county ; and that a copy of the said affidavit was, 
 on the said first day of April, served on the attorney for the 
 plaintiffs in this action, as appears by the affidavit of such 
 service hereto annexed. And this deponent further says, 
 that notwithstanding the said filing and service of the affida- 
 vit of merits, the plaintiff's attorney took an inquest in the 
 said action, out of its regular order on the calendar, on the 
 fifth day of April last past, and entered a judgment thereon 
 for one thousand dollars. 
 
 M. K 
 Sworn, &c. 
 
 [ No. 34. ] 
 Affidavit on taxing costs. 
 
 (Title of action.) 
 
 County of Cayuga, ss. J. B. being sworn, says, he is the 
 attorney for the plaintiff (or defendant) in this action, and that 
 E. P., W. Gr. and N. 0., were severally subpoenaed and at- 
 tended as witnesses on the part of the plaintiff (or defendant) 
 in this action, and that they were severally and necessarily 
 in attendance four days each on the trial of this action ; that 
 the said E. P. resides in the town of C, and traveled ninety 
 miles from his place of residence to attend the trial of this 
 action ; and the said W. Gr. and N. 0. each traveled thirty 
 miles from the town of P., their residence, to be present at the 
 trial of this action. And this deponent further says, that all 
 the disbursements mentioned in the annexed bill of costs have 
 been actually expended or incurred in this action. 
 
 J. B. 
 
 Sworn, &c. 
 
20 PBACTIOAL FORMS. 
 
 [ No. 35. ] 
 Affidavit for stay of proceedings on motion for new trial. 
 
 [Title of action.) 
 
 County of Saratoga, ss : A. B. being sworn, says, lie is the 
 plaintiff (or tlie defendant) in this action; that the said action 
 was tried at the last Saratoga circuit, on the fifteenth instant, 
 before the Hon. Ira Harris, one of the justices of this court, 
 and a jury duly impanneled to try the same, and a yerdict 
 rendered for the defendant (or the plaintiff) for the sum of 
 five hundred dollars ; and this deponent further says, that he 
 is advised by his counsel, and verily believes, that the said 
 judgment was and is erroneous, and against the weight of 
 evidence offered on the trial of this action, (or whatever the 
 ground of objection may be,) and that the same ought to be set 
 aside ; and this deponent further says, that it is his intention 
 to move this court that the said verdict be set aside, (and a 
 new trial ordered,) and that for the purpose of making such 
 motion, it is necessary that the plaintiff's (or defendant's) pro- 
 ceedings on said verdict be stayed until the further order of 
 this court. 
 
 A. B. 
 
 Sworn, &c. 
 
 [ No. 36. ] 
 
 Affidavit to move for reference. 
 
 (Title of action.) 
 
 Greene County, ss : A. B., the plaintiff (or the defendant) 
 in the above entitled action, being sworn, says, that this action 
 is brought to recover a demand claimed to be due' on contract 
 for work, labor and services ; that the complaint sets forth a 
 large number of items of demand, and the answer herein 
 also contains a large number of items, which defendant claims 
 to set off or to recoup against the said plaintiff', and the trial 
 of this action will require the examination of a long account 
 
peaoticIl FOEMS. 21 
 
 • 
 
 on tlie part of tlie plaintiff (or defendant, or on the part of 
 botli parties,) (as appears bj the pleadings herein.) 
 
 A. B. 
 
 Sworn, &c. 
 
 [ No. 37. ] 
 Affidavit to oppose motion for reference. 
 
 (Title of action.) 
 
 Brie County, ss : A. B., the plaintiff (or defendant) in this 
 action, being sworn, says, that questions of law will arise 
 on the trial of this action, as he is advised by his counsel and 
 verily believes, that is to say, the complaint herein sets forth 
 the following (state what,) to which the defendant in his 
 answer pleads as follows (state what,) and that the following 
 will be insisted on, on behalf of this deponent (state the point 
 of law to be urged ;) and this deponent has been informed 
 andbeheves, that the defendant's (or plaintiff's) counsel will 
 urge as follows ; (State briefly the points of law anticipated.) 
 And this deponent is advised by his said counsel, and verily 
 believes, that such points are material and difficult, and that 
 referees are not a proper tribunal for the trial of this action. 
 And deponent further says that many of the items of account 
 set forth in the complaint and answer, are admitted by the 
 pleadings, and the decision of the facts herein will not require 
 much time, nor the examination of a long account, the only 
 facts in issue being the following : (State them.) 
 
 A. B. 
 
 Sworn, &c. 
 
 [ No. 38. ] 
 Affidavit to consolidate actions. 
 
 (Title of the several actions.) 
 County of Dutchess, ss : L. M., the defendant in the above 
 
22 PRACTIOAL FORMS. 
 
 • 
 several actions, being sworn, says, that eacli of said actions is 
 
 brought to recover a demand claimed to be due on a certain 
 written contract, and that the said several actions seek to 
 recover the money therein claimed to be due in installments ; 
 and that the causes of action are the same, and such as may 
 be properly joined in one action, and that the defence to each 
 of the said actions is substantially the same ; and that the 
 questions which will arise in all of the said actions are sub- 
 stantially the same, (or that the above actions are brought to 
 recover the possession of certain real property, to wit, city 
 lots, and that the fact in issue is a question of title ; and that 
 the facts set forth in the several complaints, and the defences 
 set up in the said answer, are substantially the same ; and 
 that the questions which will arise on the trial of the said 
 several actions are substantially the same.) 
 
 L. M. 
 Sworn, &c. 
 
 [ No. 39. ] 
 Affidavit to move jor a special jury. 
 
 (Title of the action.) 
 
 County of Onondaga, ss :■ M. E. being sworn, says, he is 
 the plaintiff in the above entitled action ; that the same is 
 brought against the above defendant, for uttering and pub- 
 lishing of this plaintiff, in his official character as a repre- 
 sentative in Congress, (or whatever the office may be,) the 
 following libelous and scandalous words, to wit : (Here in- 
 sert the words, as stated in the complaint.) And this depo- 
 nent further says, that the said words, so as aforesaid uttered 
 and published of this deponent, are wholly and entirely 
 false. 
 
 M. E. 
 
 Sworn, &c. 
 
PRACTICAL FORMS. 23 
 
 [ No. 40. ] 
 Affidavit to move for costs of circuit. 
 
 (Title of the action.) 
 
 Chenango County, ss : B. P. being sworn, says, he is the 
 attorney for the defendant in this action, and the place of 
 trial herein is the county of Chenango, and that issue herein 
 was joined on the iifth dav of May last past, and that notice 
 of the trial of this action was served on this deponent for the 
 Circuit Court to be held at the village of Norwich in said 
 county on the first Monday in July inst. And this deponent 
 farther says, that the said circuit was holden at the time and 
 place in the said notice mentioned, and that this deponent 
 attended the said court with the defendant and his witnesses, 
 but that the above-named plaintiff did not proceed to the trial 
 of the said action nor countermand said notice of trial, and 
 that younger issues were tried at the said circuit in their reg- 
 ular order ou the calendar. 
 
 B, R 
 
 Sworn, &c. 
 
 [ No. 41. ] 
 Affidavit to move for new trial for irregularity. 
 
 (Title of the action.) 
 
 County of Steuben, ss : G. W. being sworn, says, he is 
 the attorney of the defendant in this action ; that the reply 
 herein was served on this deponent on the twentieth day of 
 April last past, and on the same day a notice for trial for the 
 said action, at a circuit court to be holden at the court-house 
 in the village of Bath in said county, was also served on this 
 deponent ; that this deponent returned the said notice to the 
 plaintiff's attorney with notice that this deponent intended to, 
 and should amend his answer in this action. And this de- 
 ponent further says, that afterwards, on the first day of May, 
 he, this deponent, did amend the said answer and caused the 
 
24 PEAOTICAL FORMS. 
 
 same to be served on the plain tiif's attorney herein, and not- 
 •withstanding the said notice and the service of the copy of 
 the said amended answer, the said plaintiff's attorney did pro- 
 ceed to the trial of the said action at the said Circuit Court, 
 and obtained a verdict against the defendant for five hundred 
 
 dollars. 
 
 G. W. 
 
 Sworn, &c. 
 
 [ No. 42. J 
 
 Affidavit to move for new trial on theground of newly discovered 
 
 evidence. 
 
 (Title of the action.) 
 
 Albany (City and) County, ss : P. M., the above defendant, 
 being sworn, says, this is an action founded on contract, (or 
 state the cause of action,) and the defence set up thereto by 
 this deponent was (state what.) And deponent farther says, 
 that this action was tried at a circuit court holden at the City 
 Hall in the city of Albany, on the first Monday of March, 
 1851, and a verdict rendered therein for the plaintiff for one 
 hundred dollars. And this deponent further says, B. Gr., of 
 the town of Bethlehem in said county, can testify to the fol- 
 lowing facts : (stating particularly what, or to the facts stated 
 in the affidavit of the said B. Q-., hereto annexed.) And this 
 deponent further says, that such evidence has been discovered 
 since the said trial, and was not previously known to this 
 deponent to exist, and that the same is material to this de- 
 ponent, as he is advised by his counsel and verily believes. 
 
 , P.M. 
 
 Sworn, &c. 
 
 [ No. 43. ] 
 Affidavit to set aside proceedings for irregularity. 
 "Washington County, ss : A. B. being sworn, says, he is 
 
PRACTICAL FOEMS. 25 
 
 the attorney for the plaintiff (or defendant in this action ;) 
 that the same was commenced by the personal service of a 
 summons and complaint, (here state the regular proceedings 
 generally, the proceeding next before the irregularity par- 
 ticularly, with certainty as to time, place, &c. ; and then the 
 facts constituting the irregularity, with the like certainty.) 
 
 [ No. 44. ] 
 Affidavit of plaintiff to examine ivitness de bene esse. 
 
 (Title of the action.) 
 
 Wayne County, ss : C. D., the plaintiff in this action, being 
 sworn, says, that this action is brought to recover a demand 
 due this plaintiff on contract, (or whatever may be the subject 
 of the action ;) and that, as this deponent is advised by his 
 counsel, and verily believes to be true, M. N., at present a 
 resident of Lyons in this county, (or otherwise according to 
 the fact,) is a material witness for the deponent, in this action, 
 and that he cannot safely proceed to the trial thereof, without 
 the benefit of the testimony of the said witness ; and this de- 
 ponent further says, that the said M. N., as this deponent is 
 informed and believes, is about to depart from this state to 
 foreign parts, to wit, the island of Madeira, and intends re- 
 siding there a long period of time, and may never return again 
 within the jurisdiction of this court. 
 
 CD. 
 
 Sworn, &c. 
 
 [ No. 45. ] 
 
 Affidavit of defendant to examine witness de bene esse. 
 
 (Title of the action.) 
 
 Erie County, ss : E. F., the defendant in this action, being 
 sworn, says, that this . action is brought to recover a demand 
 alleged to be due the plaintiff herein, on contract as follows. 
 
26 PRACTICAL FORMS. 
 
 to wit : (here state the part of the complaint necessary :) and 
 that the defence to the same is as follows : (here state that 
 part of the answer forming the issue :) and that as he, this 
 deponent, is advised by his counsel, and verily believes, G. H., 
 at present of the city of Buffalo, is a material witness for him, 
 this deponent, in this cause : and that the said Gr. H. intends 
 soon to leave for Europe and will be absent several years. 
 And this deponent further says, that he is also advised and 
 verily believes, he, this deponent, has a good and substantial 
 defence in this action on the merits, and cannot safely go to 
 trial without the benefit of the testimony of the said witness. 
 
 B. F. 
 Sworn, &c. 
 
 [ No. 46. ] 
 
 Affidavit to hold to hail for injury of the person. 
 
 (City and) County of Albany, ss : A. B., of said city, be- 
 ing sworn, says, that he has a good cause of action against 
 one C. D. of this city, arising upon the following facts ; that on 
 the fifth day of June inst., while he, this deponent, was passing 
 quietly along State street in said city, the said C. D., without 
 any cause or provocation from deponent, committed a violent 
 assault upon this deponent, whereby this deponent was much 
 bruised and injured; and this deponent believes he is justly 
 entitled to recover damages for the aforesaid assault, to the 
 sum of five hundred dollars. And this deponent further says, 
 he is about to commence (or has commenced) an action against 
 the said C. D. in the (Supreme) Court for the recovery of the 
 said damages. 
 
 A. B. 
 
 Sworn, &c. 
 
PRACTICAL FOEMS. 27 
 
 [ No. 47. ] 
 Affidavit to hold to hail for injury to property. 
 
 County of Eensselaer, ss : A. B. being sworn, says, tliat 
 lie has a good cause of action against 0. D., of the town of 
 Greenbush in said county, upon the following facts, to wit : 
 that the said C. D. wrongfully and willfully took from the 
 possession of the deponent the following personal property : 
 (here describe it particularly :) and converted the same to his 
 own use, (or whatever the nature of the injury may be,) and 
 this deponent believes he is justly entitled to recover damages 
 for the injury aforesaid, to the sum of six hundred dollars. 
 And this deponent further says, that he has commenced (or 
 is about to commence) an action in the (Supreme) Court for 
 the recovery of the said damages. 
 
 A. B. 
 
 Sworn, &c. 
 
 [ No. 48. ] 
 Affidavit to hold to hail in slander. 
 
 City and County of New York^ ss : A. B., of said city, 
 being sworn, deposes and says, that on the third day of July 
 inst., while this deponent (or several persons) was in the pub- 
 lic room of the B. Hotel, in said city, C. D., whose residence 
 is unknown to this deponent, came into the said room, and 
 in the presence (of this deponent, and) of E. F. and C H., 
 and several other persons, without any cause or provocation, 
 spoke and uttered of this deponent, the following slanderous 
 and defamatory words, that is to say : (State the exact words 
 as laid in the complaint, and any other aggravating circum- 
 stances ; and annex affidavits of a third person, if advisable.) 
 
 A. B. 
 
 Sworn, &c. 
 
28 PEAOTICAIi FORMS. 
 
 [ No. 49. ] 
 Affidavit to obtain a ne exeat. 
 
 (Title of action.) 
 
 Albany County, ss : H. M., the above-named plaintiff, be- 
 ing sworn, deposes and says, that the above-named defendant 
 is justly indebted to this deponent, in the sum of one thousand 
 dollars, for (state the cause of action) the recovery of which, 
 he, this deponent, has lately commenced an action in this 
 court against the said defendant ; that the said defendant has 
 not answered or demurred herein, nor has any attorney served 
 a notice of retainer for the said defendant ; and that being so 
 indebted, he, the said defendant, has lately threatened and 
 given out, that he will speedily leave this state, for the pur- 
 pose of avoiding the payment of his debts, and go into Canada. 
 And this deponent verily believes, that if the said defendant 
 is permitted to leave this state, this deponent will either lose 
 his said debt, or the same will be very much endangered, and 
 it will be difficult, if not impossible, for this deponent to re- 
 cover the same. 
 
 H. M. 
 
 Sworn, &c. 
 
 [ No. 50. ] 
 
 Affidavit to procure discharge of ne exeat for neglect to prosecute 
 
 action. 
 
 (Title of action.) 
 
 County of Albany, ss: M. H., attorney for the plaintiff, 
 being duly sworn, says, that this action was commenced by 
 the personal service of a summons upon the defendant in this 
 action on the first day of July, 1851, and that on the 8th day of 
 the same month, he, this deponent, served upon the plaintiff's 
 attorney herein, a notice of retainer for the defendant in this 
 action, and a demand of the copy complaint herein, and that 
 no copy of the complaint in this action has been served upon 
 
PRACTICAL FORMS. 29 
 
 tliis deponent, although more than twenty (or forty) days 
 have elapsed since the service of the said demand of copy 
 complaint. 
 
 M. H. 
 Sworn, &c. 
 
 [ No. 51. ] 
 
 Affidavit to examine judgment debtor in supplementary proceed- 
 ings. 
 
 (Title of action.) 
 
 Albany (City and) County, ss : IST. M., the above-named 
 plaintiff, (or defendant,) being duly sworn, says, that judgment 
 was recovered in this action against the above-named defend- 
 ant, (or plaintiff,) on the 10th day of July, 1851, for one hun- 
 dred dollars (damages and) costs ; and the judgment roll filed 
 in the office of the clerk of the (city and) county of Albany, 
 on that day, (and a transcript thereof in due form, duly issued 
 and filed in the clerk's ofiice of the county of Oneida, and 
 judgment docketed in the said county of Oneida, on the 
 eleventh day of July aforesaid,) and that an execution against 
 the property of the judgment debtor has been duly issued to 
 the sheriff of the county of Albany, (or Oneida,) the county 
 where the said judgment debtor resided at the time of issuing 
 the said execution, and still so resides ; and that the said 
 sherifi' has returned the said execution (wholly) unsatisfied. 
 
 N. M. 
 
 Sworn, &c. 
 
 [ No. 52. ] 
 
 Affidavit to examine third persons as to property of judgment 
 
 debtor. 
 
 (Title of action.) 
 
 County of Albany, ss : N. M., the above named (same as 
 the foregoing to the close, then add,) and E. H., of Albany, 
 
30 PEACTICAL FORMS. 
 
 and S. H^ of the same place, are severally indebted to, (or 
 have property of) the said judgment debtor in an amount ex- 
 ceeding ten dollars. 
 
 N. M. 
 Sworn, &c. 
 
 [ No. 53. ] 
 Affidavit of service of subpoena. 
 
 (Title of action.) 
 
 Putnam County, ss : N. P., being duly sworn, says, that 
 on the third day of April iust., he served at the village of 
 Cold Spring, the within subpoena on N. M., the person named 
 therein as witness, personally, by then and there showing to 
 the said JST. M., the said subpoena, and delivering to him a 
 subpoena ticket, containing the substance of the said subpoena, 
 and paying (or tendering) to him, the said N. M., at the same 
 time and place aforesaid, the sum of three dollars for his fees 
 for traveling to and from the court named in the said sub- 
 poena, and for his attendance thereat. 
 
 K P. 
 
 Sworn, &c. 
 
 [ No. 54. ] 
 
 Affidavit to procure habeas corpus ad testificandum. 
 
 (Title of action.) 
 
 Kings County, ss : C. H., the plaintiff (or defendant) in 
 this action, being sworn, says, that this action is brought to 
 recover a demand (claimed to be due) on contract, as follows : 
 (here set forth the part of the complaint concerning which the 
 witness is to testify ;) that the defence to the same is as follows : 
 (here set forth the allegations which raise the issue,) and Y. 
 Z., who is now a prisoner in the custody of the sheriff of' the 
 county of Queens, is and will be a material witness for this 
 
PRACTICAL FORMS. 81 
 
 plaintiff (or defendant) at the trial of this action, as he .is ad- 
 vised by his counsel, and verily believes. And that without 
 the benefit of the testimony of the said Y. Z., this plaintiff 
 (or defendant) cannot. safely proceed to the trial of this action, 
 as he is also advised by his said counsel, and verily believes. 
 And deponent further says, that this action is noticed for trial 
 at a circuit court to be holden in the county of Kings, on the 
 fifteenth instant ; (or before I. M., the referee herein,) and that 
 this application to procure the attendance of the said Y. Z. as 
 a witness for this plaintiff (or defendant) is without any fraud 
 or connivance between this deponent and the said Y. Z. 
 
 C. H. 
 Sworn, &c. 
 
 [ No. 55. ] 
 
 Affidavit to move for exoneretur of hail. 
 
 (Title of action.)' 
 
 County of Kings, ss : A. B. (and C. D.) one of the bail 
 (or the bail) for the defendant in this action, being sworn, do 
 (severally) depose and say, that judgment was obtained and 
 docketed in this action against the above defendant, on or 
 about the tenth day of July, 1851 ; and that an execution 
 was duly and in due form issued thereupon, on the eleventh 
 day of the same month, as this (or these) deponent is informed, 
 and believes (or state whatever may be the state of the action.) _ 
 And this deponent further says, that after the issuing, and 
 before the return of the said execution, to wit : on or about 
 the second day of August, 1851, the said defendant (or the 
 said defendant died before the case was at issue as the fact 
 
 may be.) 
 
 A. R 
 
 (Severally) sworn, &c, (0. D.) 
 
32 PRAOTICAl FORMS. 
 
 [ No. 56. ] 
 Affidavit of publication of summons or notice. 
 
 Albany (City and) County, ss : N. P., of Albany, being 
 sworn, says, he is the foreman (or printer, or principal clerk,) 
 in the office of the Albany Atlas, a newspaper published 
 weekly (or daily) in the city of Albany, and the summons 
 (or notice) dated July 1, 1850, to a printed copy whereof this 
 affidavit is annexed, was published once (or twice) in each 
 week, thirteen weeks successively, in said paper ; and the said 
 summons (or notice) was first so published on the said first 
 day of July, and was last so published on the twenty-third 
 day of September, 1850. 
 
 K P. 
 
 Sworn, &c. 
 
 [ No. 57. ] 
 
 Affidavit to extend time. 
 
 (Title of action.) 
 
 County of Eensselaer, ss : C. H., the defendant's (or plain- 
 tiff's) attorney herein, says, that the complaint (or answer) 
 herein was served on the third day of August, 1851, and that 
 the time to answer (or reply) to the same expires to-morrow, 
 and that since the service of the said complaint (or answer) 
 this deponent has been unable to prepare the answer (or re- 
 ply) thereto, owing to certain circumstances which this depo- 
 nent could not control, (or because the said defendant (or 
 plaintiff) has been absent from this county,) and this deponent 
 could not prepare the same without consultation with the said 
 party by whom he is retained in this action. 
 
 C. H. 
 
 Sworn, &c. 
 
PRACTICAL FORMS. 38 
 
 [ No. 58. ] 
 Affidavit to obtain order to perpetuate testimony. 
 
 Saratoga County, ss : T. W., of Saratoga, being dulj 
 sworn, says, he is a party to an action actually pending in the 
 (Supreme) Court of this state, in which he is plaintiff (or 
 defendant,) and one S. R. is defendant (or plaintiff;) that the 
 said action is brought, (state 4he cause of action,) (or says that 
 he has good reason to expect to be made a party to an action 
 in a court of record,) and that the testimony of A. B., of the 
 town of Saratoga in said county, within this state, is material 
 and necessary to the prosecution (or defence) of such action, 
 and that the party (expected to be) adverse to this deponent 
 resides within this state and is of full age. 
 
 T. W. 
 
 Sworn, &c. 
 
 [ No. 59. ] 
 
 Affidavit to procure a warrant against ships and vessels. 
 
 Albany (City and) County, ss: A. M., a disinterested 
 witness, being sworn, says, he verily believes that the de- 
 mand of B. A., stated in the foregoing petition and in his 
 account annexed to his said petition, is justly due to him, 
 the said B. A., over and above all payments and discounts, in 
 the manner stated by him in his said petition, and that the 
 facts and circumstances to establish such demand, so far ass 
 they are within the knowledge of this deponent, are as fol- 
 lows, to wit: that this deponent is a journeyman ship car- 
 penter, and worked for the said B. A. while repairing the 
 said ship, (or was clerk for the said B. A., who furnished the 
 goods in his said account mentioned :) (or was employed hj 
 the said B. A. to take charge of the wharf of the said B. A., 
 and watch the said vessel.) 
 
 A.M. 
 Sworn, &c. 
 
34 PEACilOAL FOEMS. 
 
 [ No. GO. ] 
 
 Affidavit on sale of real estate. 
 
 (Title of action.) 
 
 Albany County, ss: M. B. being sworn, says, he is tbe 
 person who was appointed and officiated as referee (or auc- 
 tioneer) at the sale published in the notice, to a printed copy 
 of which this affidavit is annexed ; and this deponent further 
 says, that the said sale, pursuant to the said notice, took place 
 at public auction in the daytime, at the rotunda of the 
 Merchant's Exchange, in the city of Albany, at twelve o'clock, 
 noon, at which time and place A. C. became the purchaser of 
 the (mortgaged) premises in the said notice mentioned and 
 described, at and for the sum of one thousand dollars lawful 
 money of the United States, which the said A. C. then and 
 there bid ; that being the highest price bid therefor ; said sale 
 was open, fair and conducted as prescribed by statute, and 
 made to the purchaser in good faith. 
 
 M. B. 
 
 Sworn, &c. 
 
 [ No. 61. ] 
 Affidavit to pleading hy agent or attorney. 
 
 Albany County, ss : A. B. being sworn, says, he is the 
 attorney (or agent) of the above-named plaintiff, (or defendant ;) 
 that the foregoing complaint (answer or reply) is true, of bis 
 own knowledge, except as to the matters therein stated on his 
 information and belief, and as to those matters he believes it 
 to be true ; and that this affidavit is made by this deponent, 
 because the above-named pla,inti£f (or defendant) is absent from 
 this county (or state) and cannot conveniently make the same, 
 and this deponent learned the fact stated in said complaint, 
 (answer or reply,) from the plaintiff (or defendant) personally 
 (or by letter) (or the note or contract, upon which this action 
 is brought, is in the possession of this deponent.) 
 
 A. B. 
 
 Sworn, &c. 
 
PUACTIOAL TORMS. 85 
 
 t, 
 
 [ No. 62. ] 
 
 Affidavit on application for attachment against a sheriff. 
 
 New York City and County, ss : E. D. being sworn, says, 
 that on the the tenth day of June, 1857, at New York, he 
 served on E. P., the sheriff within named, the within notice 
 of motion and affidavit, by handing copies thereof to the said 
 sheriff in his office, and leaving the same with him ; and that 
 he, this deponent, on the twenty-fifth day of June aforesaid, 
 caused search to be made in the clerk's office of the county of 
 New York, for the said execution mentioned and referred to 
 in the within affidavit and notice of motion, and that said ex- 
 ecution has not been returned to said county clerk's office, as 
 required by the said notice ; and the said sheriff has not paid 
 to the attorney or plaintiff mentioned in said execution, any 
 of the moneys collected by virtue of said execution, but has 
 wholly made default therein. 
 
 KB. 
 
 Sworn, &c. 
 
 [ No. 63. ] 
 
 Affidavit of filing lis pendens, or other paper, indorsed on a copy 
 of paper filed. 
 
 Monroe County, ss: S. H. being sworn, says, that on the 
 10th day of August, 1857, he, this deponent, filed a lis pert- 
 4ens, (or paper,) of which the within is a true copy, in the 
 offi-ce of the clerk of the county of Monroe. 
 
 S. K 
 
 Sworn, &c. 
 
 [ No. 64. ] 
 Affidavit for attachment against a non-resident. 
 Dutchess County, ss: L. M. being sworn, says, that he 
 
36 PRAOTIOAIi FORMS. 
 
 has a good cause of action, (or has commenced, or is about to 
 commence an action) against one IST. 0., of New Orleans, in 
 the state of Louisiana, founded on a promissory note (or a 
 contract) (or for goods sold and delivered to the said IST. 0. ;) 
 that the 'said N. 0. is not a resident of this state, but resides 
 in New Orleans, in the state of Louisiana ; that the said N. 
 0. has property to a large amount within this state, a valuable 
 farm in the county of Dutchess, (or a large amount of personal 
 property in the hands of P. Q., and which the said P. Q. 
 represents to be the property of the said N. 0.) 
 
 L. M. 
 Sworn, &c. 
 
 [ No. 65. ] 
 Affidavit to obtain a ne exeat. ' 
 
 (Title of action.) 
 
 City and County of Albany, ss : A. B. being sworn, says, 
 that he is the plaintiff in the above entitled action, and that 
 the said action was commenced by this plaintiff, to recover 
 the sum of one thousand dollars, justly due this plaintiff from 
 the said defendant, for goods, wares and merchandise, by this 
 plaintiff sold and delivered to the said defendant ; (or on a 
 promissory note given by the said defendant to this plaintiff;) 
 that the said defendant has not as yet served any answer or 
 demurred to said complaint, as this deponent is informed by his 
 attorney herein, nor has he given any notice of appearance in 
 said action ; and that being so indebted to this deponent, he, the 
 said defendant, hath lately threatened and given out, that he 
 will speedily leave this state and go into the republic of Mex- 
 ico. And this deponent verily believes, that if the said de- 
 fendant should be suffered to leave this state, this deponent 
 will either lose his said debt, or the same will be very much 
 endangered, and it will be difficult, if not impossible, for this 
 deponent to recover the same. 
 
 A. B. 
 
 Sworn, &c. 
 
PRACTICAL FORMS. 37 
 
 [ No. 66. ] 
 
 Affidavit for order to publish summons in foreclosure, where 
 there are absent defendants. 
 
 (Title of action.) 
 
 Albany City and County, ss : A. B. being sworn, says, 
 lie is plaintiffs attorney in the above entitled action ; that it 
 is an action commenced by summons for the foreclosure of a 
 mortgage on real estate situated in the city of Albany ; that 
 the defendants 0. P., W. P., J. C, D. F. and A. P., have or 
 claim to have, an interest in said real estate, by virtue of judg- 
 ments obtained by them subsequent to the date of said mort- 
 gage; that said above-named defendants cannot, after due 
 diligence, be found within this state, and as deponent is in- 
 formed and believes, the defendants 0. P., W. P. and J. C, 
 reside at Lenox, state of Massachusetts, the defendant A. P. 
 resides at Garnavillo, Clayton county, Iowa ; that the resi- 
 dence of the defendant, D. P., is unknown to this deponent, 
 nor can the same, after reasonable diligence, be ascertained by 
 him, this deponent. 
 
 A. B. 
 
 Sworn, &c. 
 
 [ No. 67. ] 
 
 Affidavit for motion for leave to issue execution. 
 
 (Supreme) Court. 
 A. G. ) 
 agt. \ 
 L. M. j 
 Judgment entered at Albany, February 19, 1849. 
 Eecovery, - - - . $62.90 
 
 Costs, 12.11 
 
 $75.01 
 B. P., PlaintifiP's Attorney. 
 Transcript filed in Erie county, February 21, 1849. 
 
38 PRACTICAL FORMS. 
 
 Albany City and County, ss : A. G. of Albany, tbe above- 
 named plaintiff, being sworn, says, the above is a true state- 
 ment of judgment and of filing transcript in tbe above action, 
 as he is informed and believes ; that heretofore and within 
 five years after the entry of judgment, an execution on said 
 judgment was issued to the county of Erie, then and still the 
 residence of the above-named defendant, against the property 
 of said defendant, and returned wholly (or in part) unsatisfied, 
 and the whole (or a part) of said judgment remains unpaid 
 and due this plaintiff, and the same has not been appealed 
 from, vacated or modified. 
 
 A. G. 
 
 Sworn, &c. 
 
 [ Ko. 68. ] 
 
 Affidavit for appomtmeni of guardian of infant defendants. 
 
 (Title of action.) 
 
 Albany City and County, ss : A. B. being sworn, says, 
 he is plaintiff's attorney in the above entitled action ; that it 
 was commenced by summons to foreclose a mortgage on land 
 in the fifth ward of the city of Albany ; that the summons in 
 said action has been personally served within the jurisdiction 
 of this court, on all the infant defendants in said action and 
 hereinafter named ; that more than twenty days have elapsed 
 since said service, and none of said defendants have appeared 
 by guardian or otherwise ; that as deponent is informed and 
 believes, the defendant A. D. is an infant over the age of 
 fourteen years, and the defendants B. D. and C. D., are in- 
 fants under the age of fourteen years ; that all of said infants 
 reside with their mother, E. D., a widow living in Albany, 
 and none of said infants, to the knowledge of this deponent, 
 has any general or testamentary guardian within this state. 
 
 A. B. 
 
 Sworn, &c. 
 
PBACTICAX FORMS, 39 
 
 [ No. 69. ] 
 Affidavit of daimhy third persons to personal property. 
 
 City and County of New York, ss : M. N. being sworn, 
 says that he is the sole owner (or that he and one Pi E. are 
 the joint owners) of certain goods, wares and merchandise, 
 taken by the sheriff of said county, which property is de- 
 scribed as follows : (here describe the property :) that he (or 
 they) purchased the same from one E. S. of Boston, Massar 
 chusetts, on the second day of June last past, and have not ip. 
 any way sold or disposed of the same. 
 
 M. K 
 
 Sworn, &c. 
 
 [ No. 70. ] 
 
 Affidavit to obtain warrant in supplementary proceedings. 
 
 (Title of action.) 
 
 County of Clinton, ss : H. G., being duly sworn, says, 
 that he is the plaintiff in the above entitled action; that 
 judgment therein was recovered against the above-named de- 
 fendant, on the third day of July, 1857, for one hundred and 
 fifty dollars and costs ; that the judgment roll was filed in the 
 ofi&ce of the clerk of the county of Clinton ; and that an ex- 
 ecution has been issued against the property of the judgment 
 debtor, to the sheriff of the county of Clinton, that being the 
 county where the judgment debtor resided at the time of is- 
 suing of the same, and where he now resides ; that said exe- 
 cution has been returned wholly (or in part) unsatisfied (or 
 that the said judgment debtor has property which he unjustly 
 refuses to apply towards the satisfaction of said judgment.) 
 And deponent says that he has reason to believe, and does 
 believe, that there is danger of said debtor's absconding and 
 going beyond the reach of the process of this court, or without 
 this state, and such belief is founded upon the following facts : 
 (here state the facts particularly.) 
 
40 PRACTICAIi FORMS. 
 
 [ No. 71. ] 
 Affidavit to obtain injunction. 
 
 (Title of action.) 
 
 Warren County, ss : J. P. being sworn, says, this action is 
 (or about to be) commenced against M. N., (state tbe cause of 
 action, or that j^ortion concerning which the injunction is to 
 be applied for,) and that he has (or heard) read the complaint 
 in this action, and knows the contents thereof; that he is 
 femiliar with all the material matters stated in said complaint, 
 and has actual knowledge thereof, and that from such knowl- 
 edge he knows that the matters of fact therein stated are true. 
 
 J. P. 
 
 Sworn, &c. 
 
 [ No. 72. ] 
 
 Assignment of hail or undertaking, hy sheriff. 
 
 . Know all men by these presents. That I, A. B., sheriff of 
 the county of Monroe, do hereby assign the within bail bond 
 (or undertaking) to (the within named) C. D., at his request, 
 to be sued for by him, according to tlie force, form and effect 
 of the statute in such case made and provided. In testimony 
 whereof, I have hereunto set my hand and seal this twentieth 
 day of November, 1851. 
 
 A. B., Sheriff, [l. S.J 
 
 [ No. 73. ] 
 Attachment against sheriff'. 
 
 The People of the State of New York, to any coroner of 
 the county of Albany, greeting : 
 
 We command you, that you attach W. B., sheriff of the 
 county of Albany, so that you may have his body before 
 
PRACTICAL FORMS. 41 
 
 our Supreme Court, at the City Hall in the city of Albany, in 
 the county of Albany, on the last Tuesday of October, 1851, 
 at the opening of the court on that day, to answer to us for 
 certain trespasses and contempts done and committed in our 
 said Supreme Court, before the justice thereof,* and that you 
 then and there have this writ. 
 
 Witness, A. J. Parker, Esq., one of the justices of our Su- 
 preme Court, this second day of October, 1851. 
 By -the court. 
 
 [L. S.J E. L., Clerk. 
 
 (Indorsed.) 
 
 Supreme Court. The People of the State of New York, 
 ex rel. L. M. vs. W. B., sheriff of the county of Albany. At- 
 tachment returnable the last Tuesday of October, 1851, at 
 the City Hall in the city of Albany : Issued for not returning 
 a certain writ of execution between L. M., plaintiff, and N. 
 Gr., defendant. 
 
 H. B., Attorney. 
 
 Let the defendant be held to bail in the sum of five hun- 
 dred dollars. 
 
 Oct. 2, 1851. 
 
 A. J. PAEKEE. 
 
 [ No. 74. ] 
 Attachment against sheriff — another form. 
 
 (As in the last form to the * then) and let the said W. B, 
 be held to bail in the sum of one thousand dollars, and that 
 you then and there have this writ. 
 
 "Witness, &c. 
 
 (Indorsed.) 
 
 Supreme Court. The People of the State of New York, 
 ex rel L. M. vs. W. B., Sheriff of the county of Albany. At- 
 tachment returnable the last Tuesday of October, 1851, at the 
 City Hall in the city of Albany. Issued for not returning a 
 certain writ of execution between L. M., plaintiff, and N. G., 
 defendant. 
 
 H. B., Attorney. 
 
42 PRACTICAL FORMS. 
 
 [ No. 75. ] 
 Attachment against coroner for not returning an attachment. 
 
 The People of the State of New York, to 0. 0. and B. A., 
 appointed elisors by our justices of our Supreme Court, to 
 execute this writ, greeting : 
 
 We command you, respectively, to attach D. Y., Esquire, 
 coroner of the county of Albany, so that you may have him 
 before our Supreme Court, at the City Hall in the city of Al- 
 bany, on the last Tuesday of December, 1851, at the opening 
 of court on that day, to answer to \is for certain trespasses 
 and contempts done and committed in said Supreme Court, 
 before the justices thereof, and that you then and there have 
 this writ. 
 
 "Witness, A. J. Parker, Esq., one of the justices of our Su- 
 preme Court, this third day of December, 1851. 
 By the court. 
 
 [L. S.J E. L., Clerk. 
 
 (Indorsed.) 
 
 Supreme Court. The People of the State of New York 
 ex rel. L. M. vs. D. Y., coroner of the county of Albany. 
 Attachment returnable the last Tuesday of December, 1851, 
 issued for not returning an attachment against W. B., sheriff 
 of the county of Albany. 
 
 H. B., Attorney. 
 
 Allowance of the foregoing attachment. 
 
 (Indorsed.) 
 
 Due proof having been made before me of th.e default of 
 D. Y., Esquire, one of the coroners of the county of Albany, 
 in returning a certain attachment directed and delivered to 
 him, commanding him to attach W. B., Esquire, sheriff of 
 the county of Albany, for an alleged contempt in not return- 
 ing a certain execution heretofore issued to the said sheriff, 
 between L. M., plaintiff, and N. G., defendant, (or whatever 
 may be the cause of contempt,) I do therefore allow the 
 within attachment to issue, and the cause of issuing the same 
 is the default of the said coroner in making return to the at- 
 
PRACTICAL FORMS. 43 
 
 tachment, as above mentioned, and Ae said D. Y. is not to 
 be discharged on bail, or in any other manner, but by order 
 of the court. 
 
 A. J. PAEKEE. 
 
 [ No. 76. ] 
 Attachment against witness for not obeying a subpoena. 
 
 The People of the State of New York, to the sheriff of the 
 city and county of Albany, greeting : 
 
 "We command you to attach B. P., if he may be found in 
 your county, and bring him forthwith, (or on the sixth in- 
 stant,) personally before our Circuit Court, held in and for our 
 county of Albany, at the City Hall, in the city of Albany, to 
 answer unto us for certain trespasses and contempts against 
 us in not obeying our writ of subpoena, commanding him, to 
 appear on the fourth instant before our Circuit Court, at the 
 City Hall aforesaid, to testify and give evidence in a certaiui 
 action then to be tried between C. L., plaintiff, and M. G., 
 defendant, on the part of the plaintiff (or defendant ;) and 
 you are further commanded to detain him in your custody 
 until he shall be discharged by our said Circuit Court, and 
 have then and there this writ. 
 
 Witness, A. J. Parker, Esq., one of the justices of our Su- 
 preme Court, this fifth day of November, 1851. 
 By the court. 
 
 [l. s.] E. L., Clerk. 
 
 H. O., Attorney. 
 (Indorsed.) 
 
 Supreme Court. The People of the State of New York, 
 ex rel. C. L. vs. B. P. Attachment returnable November 
 6, 1851. 
 
 H. 0., Attorney. 
 Allowed this fifth day of November, 1851. 
 
 A. J. PAEKEE. 
 
44 PRACTICAL FORMS. 
 
 [ No. 77. ] 
 
 Attachment against a foreign corporation, or absent, or concealed 
 
 debtor. 
 
 The People of the State of New York, to the sheriff of the 
 county of Albany, greeting : 
 
 Whereas, A. B., of the city of Albany, has made applica- 
 tion to me for an attachment against C. D., setting forth by 
 petition (or aflEidavit) that the said C. D. is a foreign corpora- 
 tion, (or a non-resident, or has absconded or concealed him- 
 self,) and also setting forth that be has a good cause of action 
 against the said C. D. ; and, whereas, the said A. B. has also 
 given the undertaking required by law : 
 
 Now you are hereby commanded to attach and safely keep 
 all the property of the said 0. D. within your county, or so 
 much thereof as may be sufficient to satisfy the demand of the 
 said A. B., amounting to five hundred dollars, together with 
 his costs and expenses in this action, and that you proceed 
 herein in the manner required of you by law. 
 
 Given under my hand at the city of Albany, this fifth day 
 of November, 1851. 
 
 A. J. PAEKEE, Justice. 
 
 [, No. 78. ] 
 
 Bill of plaintiff ''s particidars. 
 
 (Title of action.) 
 
 Sir : I hereby give notice that the following is the plain- 
 tiff's bill of particulars in this action, and for the recovery of 
 which this action is brought, to wit : (here set forth the seve- 
 ral items of the demand, the amount thereof, and the dates of 
 each as near as may be.) 
 
 Albany, Nov. 10, 1851. 
 
 Yours, &c., 
 
 L. M., Plff's Atty. 
 To Q. W., Esquire, Deft's Atty. 
 (Add affidavit when necessary.) 
 
PRACTICAL FORMS. 45 
 
 [ No. 79. ] 
 Bill of •particulars of defendants set-off, or counter-claim. 
 
 (Title of action.) 
 
 Sir : Please take notice that the following are the partic- 
 ulars of the set-oif (or counter-claim) pleaded by the defend- 
 ant in his answer in this action, to wit : (here state the seve- 
 ral items as in the foregoing.) 
 
 Albany, Nov. 10, 1851. 
 
 Yours, &c., G. W., Deft's Atty. 
 
 To. L. M., Esq., Plff's Atty. 
 
 (Add affidavit when necessary.) 
 
 [ No. 80. ] 
 
 Bond for defendant's costs. 
 
 Know all men by these presents, that L. M., of Boston, 
 H. Gr., merchant, of the city and county of Albany, and E. 
 F., merchant, of the city of Albany, are held and firmly bound 
 unto N. P., in the sum of two hundred and fifty dollars, law- 
 ful money of the United States of America, to be paid to the 
 said N. P., his executors, administrators or assigns ; for which 
 payment well and truly to be made, we bind ourselves, our 
 heirs, executors, administratgirs and assigns, jointly and seve- 
 rally, firmly by these presents. Sealed with our seals. Dated 
 this fifth day of November, 1851. 
 
 Whereas, the said L. M. has commenced an action in our 
 Supreme Court against the said N. P. ; now the condition of 
 the above obligation is such, that if the above-named L. M. 
 shall pay on demand all costs that may be awarded to the de- 
 fendant in the said action, then the above obligation to be 
 void ; otherwise to remain in full force and virtue. 
 Sealed and delivered ) 
 in the presence of j 
 
 L. M. [L. s.] 
 H. G. [L. s.] 
 E. E. [L. S.J 
 (Add acknowledgment and justification of sureties.) 
 
46 PRACTICAL FOftMS. 
 
 [ 1^0. 81. ] 
 
 Bond on discharge of attachment against ships and vessels. 
 
 Know all men by these presents, that we, B. A., merchant, 
 of the city of Albany, H. N. Tanner, of the same place, and 
 N. 0., merchant, of the same city, are held and firmly bound 
 in the sum of one thousand dollars, (double the amount 
 sworn to by the creditor,) to be paid to A. W., his executors, 
 administrators or assigns, for which payment well and truly 
 to be made, we bind ourselves, our heirs, executors, adminis- 
 trators and assigns, jointly and severally, firmly by these 
 presents. Sealed with our seals, and dated this 3d day of 
 November, 1851. 
 
 The condition of this obligation is such, that if the above 
 bounden B. A. shall pay the amount of all such claims and 
 demands as have been exhibited, and which shall be estab- 
 lished to be existing liens upon the vessel, or steam propeller, 
 called Albany, her tackle, apparel and furniture at the time of 
 exhibiting the same to his Honor, W. P., Albany county judge, 
 (or a justice of the Supreme Court,) then this obligation to be 
 void, otherwise to remain in full force and virtue. 
 Sealed and delivered I 
 in the presence of j 
 
 B. A. [L. s.] 
 H. N. [L. s.] 
 K 0. [L. s,] 
 
 [ No. 82. ] 
 
 Bond to sheriff wpon a ne exeat. 
 
 Know all men by these presents, that we, H. G., merchant, 
 of the city of Troy, and M. B. and A. N., merchants, of the 
 same place, are held and firmly bound unto J. L., sheriff of 
 the county of Eensselaer, in the penal sura of one thousand 
 dollars, to be paid to the said sheriff, or his assigns ; for which 
 
PEAOTicm:- ':B'ORMS. 47 
 
 payment well and truly to be made, we bind ourselves jointly 
 and severally, and our, and eacli of our heirs, executors iand 
 administrators, firmly by tliese presents. Sealed witli our 
 seals, and dated tbis 4tb day of November, 1851. 
 
 "Whereas, the above-named H. G., has been arrested upon 
 a writ of ne exeat, issuing out of and Under the seal of the 
 Supreme Court of the State of New York, in a certain action 
 therein pending, wherein E. C. is plaintiff, and the said H. Gr. 
 is defendant, and is now in custody of the said" sheriff by vir- 
 tue thereof : 
 
 Now the condition of this obligation is such, that if the said 
 H. G. shall not depart from or leave this state, without the 
 permission of the said Supreme Court, then this obligation to 
 be void, otherwise to remain in full force and virtue. 
 Sealed and delivered ) 
 in presence of j 
 
 H. G. [L. S.J 
 M. B. [L. s.] 
 A. K [L. s.] 
 
 [ No. 88. ] 
 Bond to obtain discharge ofne exeat. 
 
 Know all men by these presents, that we, H. G., merchant, 
 of the city of Troy, and M. B. and A. N., merchants, of the 
 same place, are held and firmly bound unto E. C, of the vil- 
 lage of Lansingburgh, in the penal sum of one thousand dol- 
 lars, to be paid to the said E. C, his executors, adminis- 
 trators, or assigns ; for which payment well and truly to be 
 made, we bind ourselves jointly and severally, firmly by these 
 presents. Sealed with our seals and dated the fifth day of 
 November, 1851. 
 
 Whereas, the above-named H. G. has been arrested upon a 
 writ of ne exeat, issued out of and under the seal of the 
 Supreme Court of the state of New York, in a certain action 
 therein pending, wherein the said E. C. is plaintiff, and H. G. 
 
48 PRACTICAL FORMS. 
 
 is defendant, and is now in tlie custody of the sheriff of the 
 county of Eensselaer, by virtue thereof: 
 
 Now the condition of this obligation is such, that if the 
 said H. Gr. shall at all times render himself amenable to the 
 process of the said Supreme Court, pending the said action, 
 and to such as may be issued to compel a performance of the 
 final judgment therein, then this obligation to be void, other- 
 wise to remain in full force and virtue. 
 Sealed and delivered ) 
 in presence of f 
 
 H. G. [L. S.J 
 M. B. [L. s.] 
 A. K [L. s.] 
 
 [ No. 84. ] 
 Bond of receiver. 
 
 Know, all men by these presents, that we, G. B., mechanic, 
 of the city of Albany, and M. P. and K. A., merchants, of 
 the same place, are held and firmly bound unto the clerk of 
 the Supreme Court of the state of New York, in the sum of 
 one thousand dollars, lawful money of the United States of 
 America, to be paid to the said clerk, his successors in office, 
 or assigns. For which payment, well and truly to be made, 
 we and each of us bind ourselves respectively, jointly and 
 severally, and our respective heirs, executors and adminis- 
 trators, firmly by these presents. Sealed with our seals, and 
 dated October 10, 1851. 
 
 Whereas, by an order made by the Supreme Court on the 
 ninth instant, (or by W. P., a county judge or justice of the 
 Supreme Court,) the above bounden G. B. was appointed re- 
 ceiver of all the debts, property, equitable interests, and 
 thiags in action of A. E. 
 
 Now the condition of this obligation is such, that if the 
 said G. B. shall faithfully discharge the duties of his trust, 
 and shall obey as required, the rules, practice and orders of 
 
PEACTICAL FORMS. 49 
 
 the said court, as sucli receiver, tlien this obligation to be 
 void, otlierwise to remain in Ml force and effect. 
 Sealed and delivered ) 
 in presence of ( 
 
 G. B. [L.S.] 
 
 M. P. [L. s.] 
 K. A. [L.S.J 
 
 [ ISTo. 85. ] 
 Bond of receiver under Chap. 2, Title 9, of Code. 
 
 Know all men by these presents, that we, A. B., of the city 
 of Albany, and C. D., of the same place, are held and firmly 
 bound unto the clerk of the county of Albany, in the sum of 
 five hundred dollars, to be paid to the said clerk, his succes- 
 sors and assigns, for which payment, well and 'truly to be 
 made, we bind ourselves, our heirs, executors and adminis- 
 trators, jointly and severally, firmly by these presents. Sealed 
 with our seals. Dated the'first day of October, 1851. 
 
 "Whereas, by an order made by W. P., Albany county 
 judge, on the thirtieth day of September, 1851, the above 
 bounden A. B. was appointed the receiver of all the debts, 
 property, equitable interests, and things in action of L. M., a 
 judgment debtor, pursuant to the provisions of chapter 2, title 
 9, of the Code of Procedure : 
 
 Now, therefore, the condition of the above obligation is 
 such, that if the said A. B. shall faithfully discharge the duties 
 of his trust as such receiver, then this obligation shall be void, 
 otherwise to be in full force and effect. 
 Sealed and delivered ) 
 in presence of f 
 
 A. B. [L.S.] 
 C. D. [L.S.] 
 4 
 
50 PRACTICAL FORMS. 
 
 [ No. 86. ] 
 Bond of general guardian. 
 
 Know all men by these presents, ttiat we, IST. B., farmer, of 
 the town of Bethlehem, county of Albany, J. G., merchant, 
 and M. S., tanner, of the same place, are held and firmly 
 bound unto A. B., in the penal sum of five hundred dollars, 
 to be paid the said A. B., his executors, administrators or 
 assigns ; for which payment well and truly to be made, we 
 bind ourselves, our heirs, executors and admiaistrators, jointly 
 and severally, firmly by these presents. Sealed with our 
 seals, and dated the first day of October, 1851. 
 
 "Whereas, by an order made by the Supreme Court of the 
 state of New York, made on the twentieth day of Septem- 
 ber, 1851, the above bounden IST. B. was appointed the gene- 
 ral guardian of the person and estate of the above-named A. 
 B., an infant, under the age of twenty-one years, upon his 
 executing a bond to the said A. B., with sufficient security to 
 be approved by one of the justices of this court, in the pen- 
 alty and upon the condition therein mentioned. 
 
 Now, therefore, the condition of this obligation is such, that 
 if the above bounden N. B, shall faithfully perform his trust 
 as such guardian, and shall file an inventory of the estate of the 
 said infant within six months after his appointment, and ren- 
 der an annual inventory or accou.nt of his guardianship, and 
 shall observe and obey all the general rules of said court, 
 respecting general guardians, and such orders as shall be made 
 from time to time by the said court in relation to such trust ; 
 and if he shall render a just and true account of all moneys 
 and property of the said infant which shall come to his hands 
 as such general guardian, and of the application thereof, and 
 of his guardianship generally, before any court having juris- 
 diction, whenever he shall be thereunto lawfully required, 
 then this obligation to be void, otherwise to be and remain in 
 full force and virtue. 
 Sealed and delivered ) 
 
 in presence of j N. B. [l. s.] 
 
 J. G-. [L.S.] 
 M. S. [L.S.] 
 
PEACTIOAL FORMS. 51 
 
 (Approval indorsed.) 
 
 I approve of the within bond and security as to the sureties, 
 and the form and sufficiency thereof. October 2, 1851. 
 
 lEA HAEEIS. 
 
 [ No. 87. ] 
 Bond of guardian ad litem in partition. 
 
 Know all men by these presents, that we, M. H., of the 
 city of Albany, merchant, and B. P., counselor at law, and 
 ]Sr. S., merchant, of the same place, are held and firmly bound 
 unto the people of the state of New York, in the penal sum 
 of eight hundred dollars, lawful money of the United States, 
 for which sum well and truly to be paid, we bind ourselves, 
 our heirs, executors, administrators and assigns, jointly and 
 severally, firmly by these presents. Sealed with our seals, 
 and dated the third day of November, 1851. 
 
 Whereas, by an order made by the Supreme Court of the 
 state of New York, on the twentieth day of October, 1851, 
 in a certain action in which C. D. is plaintiff, and M. Gr. and 
 E. B., infants, under the age of twenty-one years, are, with, 
 others, defendants, appointing the above-named M. H., guar- 
 dian ad litem of the before-named infants, to appear for them, 
 and defend this action in their behalf, upon his giviag the 
 bond therein required : 
 
 Now, therefore, the condition of this obligation is such, 
 that if the above bounden M. H. shall faithfully discharge 
 the trust committed to him as such guardian, and shall render 
 a just and tri;e account of his guardianship whenever lawfully 
 required, then this obligation to be void, otherwise to be and 
 remain in full force and virtue. 
 Sealed and delivered ) 
 in presence of f 
 
 M, H. [L. s.] 
 B. P. [L.S.] 
 
 K S. [L.S.] 
 (Approval indorsed.) 
 
 I approve of the within bond as to form and execution, 
 
52 PRACTICAL FORMS. 
 
 and also of the sufficiency of the sureties executing the same. 
 
 November 4, 1851. 
 
 lEA HAEEIS. 
 
 [ No. 88. ] 
 Bond of guardian on sale of infant's estate. 
 
 Know all men by these presents, that we, A. B., broker, of 
 the city of Albany, and J. G., broker, of the same place, and 
 W. v., pension agent, of the town of Greenbush, are held 
 and firmly bound unto E. P., of Troy, an infant under the 
 age of twenty-one years, in the just and full sum of six hun- 
 dred dollars, to be paid to the said E. P., her heirs, executors, 
 or assigns, for which payment, well and truly to be made, we 
 bind ourselves, our heirs, executors and administrators, jointly 
 and severally, firmly by these presents. Sealed with our seals, 
 and dated November 5, 1851. 
 
 Whereas, the above bound A. B. was by an order of the 
 Supreme Court, held before J. H., justice, at a special term 
 of said court, held at the City Hall in the city of Albany, on 
 the 2d day of November, 1851, appointed special guardian 
 of said E. P., for the sale of certain real estate of said E. P., 
 referred to in said order: 
 
 Now, therefore, the condition of this obligation is such, 
 that if the above bounden A. B. shall faithfully perform the 
 trust reposed in him as such guardian, and for paying over, 
 investing and accounting for all moneys that shall be re- 
 ceived by him, according to the order of any court having 
 authority to give direction in the premises, and observe the 
 orders and directions of the court in relation to said trust, 
 then this obligation to be void, otherwise to remain in full 
 force and virtue. 
 Sealed and delivered ) 
 
 in the presence of j 
 
 A. B. [L. S.J 
 J. G. [L. s.] 
 W.V. [L. s.] 
 
PRACTICAL FORMS. 53 
 
 (Approval indorsed.) 
 
 I approve of the witMn bond and security as to the sure- 
 ties, and the form and sufdciency thereof 
 
 IRA HAEEIS. 
 
 [ No. 89. j 
 Bond on allowing injunction. 
 
 Know all men by these presents, that J. G., of the city of 
 Buffalo, merchant, and C. L. and M. D., of the same place, 
 brokers, are held and firmly bound unto M. P., of the city 
 of Eochester, in the sum of one thousand dollars, lawful 
 money of the United States of America, to be paid to the 
 said M. P., his executors, administrators or assigus; for 
 which payment well and truly to be made, we bind our- 
 selves jointly and severally, and our respective heirs, execu- 
 tors and administrators, firmly by these presents. Sealed 
 with OUT seals and dated September 5th, 1851. 
 
 Whereas, the said J, G. has commenced an action in the 
 Supreme Court, against the said M. P., (here state the cause 
 of action and for what injunction issues :) 
 
 Now, therefore, the condition of the above obligation is 
 such, that if the above bounden J. G. shall pay or cause to 
 be paid to the said M- P., his executors, adnjinistrators or 
 assigns, all moneys which may be recovered by the said M. 
 P., or his legal representatives, against the said J. G. for 
 damages and costs on account of the issuing of the said in- 
 junction, and shall also pay M. P. all costs as may be awarded 
 to the said M. P. by the Supreme Court in the action afore- 
 said, then the above obligation to be void, otherwise to remain 
 in full force and virtue. 
 
 J. G. [L. S.J 
 C. L. [L. s.] 
 M. D. [L. s.] 
 
 (Approved as the foregoing.) 
 
54 PEACTICAl FORMS. 
 
 [ Ko. 90. ] 
 Exceptions on the pari of the defendant. 
 
 (First set out tlie summons, complaint, answer and reply, 
 then proceed as follo-ws:) 
 
 County of Albany : 
 
 On the thirteenth day of Feb., 1851, at a circuit court held 
 at the City Hall in the city of Albany, in and for the county 
 of Albany, came the parties aforesaid, by their attorneys afore- 
 said, before Ira Harris, Esq., one of the justices of this court, 
 and the jurors summoned to try the said issue being called 
 also came, who to speak the truth of the matter aforesaid were 
 chosen, tried and sworn. And upon the trial of that issue, 
 the counsel for the plaintiff, in order to maintain the issue, 
 on the part of the plaintiff, gave in evidence that, &c., (here 
 set out the evidence on the part of the plaintiff, noting what 
 exceptions are made to it hj the defendant.) The counsel 
 for the plaintiff here rested, and the counsel for the defendant 
 then moved for a nonsuit, on the ground that the testimony 
 submitted did not show that there was a valid or sufficient ac- 
 ceptance of the said bUl to charge the defendant (or as the 
 fact may be,) and hence the plaintiff cannot maintain this 
 action. The said motion was denied by the said justice, and 
 the counsel for the defendant escepted to the said decision, 
 and thereupon the counsel for the defendant, to maintain and 
 prove the said issue on his part, gave in evidence, (here set 
 out the evidence on the part of the defendant, and then as 
 follows:) and the said justice did then and there declare 
 and deliver his opinion to the jury aforesaid, and said that, 
 (here set out the charge on the points excepted to, particu- 
 larly,) to which said opinion of the said justice, the said coun- 
 sel for the defendant did then and there, on behalf of the said 
 defendant except, and asked the said justice to charge that 
 (the matter on which defendant's counsel ask to charge 
 should be here set out distinctly.) But the court declined to 
 charge further or otherwise than is above stated. To which, 
 decision defendant's counsel excepted. 
 
 The jury retired, and afterward returned into court with a 
 
PRACTICAL PORKS. 55 
 
 verdict for tke plaintiff for five hundred dollars damages. 
 And because none of said exceptioas, so offered and made to 
 the opinion and decision of the said court, do appear upon the 
 record of the said trial, therefore, on the prayer of the defend- 
 ant, by his counsel, his Honor, the justice who presided at said 
 trial, and made said decisions, hath settled these exceptions 
 according to the statute in such case made and provided, this 
 fourteenth day of February, 1851. 
 
 [ No. 91. ] 
 Memorandum of case made at trial. 
 
 (Title of action.) 
 
 This action came on to be tried before his Honor, Ira Har- 
 ris, one of the justices of this court, at a circuit court held at 
 the City Hall, in the city of Albany, for the county of Al- 
 bany, on the fifteenth day of November, 1851. 
 
 A jury was called and sworn. The plaintiff's counsel 
 proved that (here state the facts proved by plaintiff.) 
 
 The defendant's counsel then moved for a nonsuit, on the 
 ground that (state the nature of the motion ;) which motion 
 the court overruled, and the defendant's counsel excepted. 
 
 The defendant then proved that, (state the facts proved by 
 defendant.) 
 
 A verdict was taken for the plaintiff for three hundred dol- 
 lars, subject to the opinion of the court, (on a case to be made, 
 with liberty to turn the same into a special verdict, or bill of 
 exceptions.) 
 
 [ No. 92. ] 
 
 Special case prepared for settlement. 
 
 (First set out the summons, complaint, answer and reply, 
 then proceed as follows:) 
 
56 PRACTICAL FORMS. 
 
 The issues in tlie said action came on to be tried before bis 
 Honor, D. Cady, one of the justices of this court, at a circuit 
 court held at Fonda, in the county of Montgomery, held for 
 the said county, on the tenth day of July, 1851. 
 
 A jury was called and sworn (or a trial by jury having 
 been waived.) The plaintiff's counsel proved as follows : 
 that (state the facts proved by plaintiff, objections made by 
 the defendant and the decision of the justice on such objec- 
 tion, whenever such decisions are excepted to.) 
 
 The defendant's counsel then proved (state the facts proved 
 by defendant, 4he questions if any arising on those facts, and 
 the decision of the justice when objected to.) 
 
 A verdict was taken by the plaintiff for two hundred dol- 
 lars, subject to the opinion of the court, on a case to be made, 
 with liberty to turn the same into a bill of exceptions or a 
 special verdict. 
 
 [ No. 93. ] 
 
 Amendments proposed to case. 
 
 (Title of action.) 
 
 Amendment first: on page S, line 12, insert at the end of 
 the paragraph the following : (state what.) 
 
 Amendment second: on page 4, strike out the 15, 16, 17 
 and 18 lines. 
 
 Amendment third: on page 5, after line 4, iusert the fol- 
 lowing : (state what,) (and so throughout the case.) 
 
 M. P., Esq. : Please take notice that the foregoing are the 
 proposed amendments to the case in the above entitled action, 
 as prepared by you for settlement, and served on me on the 
 28d instant. 
 
 Fonda, July 28, 1851. 
 
 Yours, &c., 
 
 P. K., Plaintiff's Att'y. 
 
PRACTICAL FORMS. 57 
 
 [ No. 94. ] 
 Case to move for a new trial. 
 
 (Title of the action.) 
 
 This is an action brought by the plaintiff to recover a de- 
 mand claimed to be due on contract. The complaint, fol. 2, 
 &c., contains the following allegations: (here set forth so 
 much of the complaint as is necessary to present the issue, 
 and the decision to be reversed.) 
 
 To which defendant answers as follows : (set'forth the alle- 
 gations denying or avoiding the matter above set forth in the 
 complaint, and the allegations in the reply, if any, affecting 
 the same points in issue, then proceed as follows :) 
 
 The cause came on to be tried before his Honor, Justice 
 "Wright, and a jury duip^ impanneled to try the same, at a 
 circuit court, at the City Hall, in the city of Troy, held for 
 the county of Rensselaer, on the seventh day of August, 1851. 
 
 On the trial, M. E. was called as a witness on the part of 
 the plaintiff, and testified that, &c., (state the testimony of the 
 witness.) 
 
 On being cross-examined, the witness testified that, (state 
 what.) 
 
 The defendant's counsel here moved for a nonsuit, on the 
 ground that, (state the grounds,) which motion was denied by 
 the court, and defendant's counsel excepted. 
 
 The defendant then called W. B., and offered to prove 
 that, (state what,) to which plaintiff's counsel objected, which 
 objection was sustained by the court, to which decision de- 
 fendant's counsel excepted. 
 
 The defendant then offered in evidence, (state what docu- 
 mentary evidence was offered,) which evidence was excluded 
 by the court, to which defendant's counsel excepted. 
 
 The judge then charged the jury that, (state what,) to which 
 the defendant's counsel excepted. 
 
 The jury found a verdict for the plaintiff for one hundred 
 dollars. 
 
58 PRACTICAL FORMS. 
 
 [ No. 95. ] 
 
 Certificate of cleric as to filing of notice of lis pendens. 
 
 (To be indorsed on tlie copy of the notice.) 
 
 I, E. L., clerk of tlie county of Albany, do hereby certify, 
 that a notice, of -which the within is a copy, was filed in the 
 clerk's office of said county more than forty days since. 
 
 • Dated July 10, 1851. 
 
 E. L., Clerk. 
 
 [ No. 96. ] 
 Certificate ofclerh that pleadings are not filed. 
 
 (Title of the action.) 
 
 I, B. N., clerk of the county of Oswego, hereby certify, 
 that no complaint, (or answer, or reply,) in the above entitled 
 action, has been filed in my office. 
 
 Oswego, A-ugust 15, 1851. 
 
 B. K, Clerk. 
 
 [ No. 97. ] 
 
 Certificate of sheriff on committitur of defendant 
 
 I, "W. B., sheriff of the county of Albany, certify, that E. 
 M., the within defendant, has been committed to, and remains 
 in my custody, by virtue of a committitur of him in exoner- 
 ation of his bail, at the suit of the plaintiff in the within men- 
 tioned action. 
 
 Dated Albany, June 20, 1851. 
 
 W.B., Sheriff of 
 
 Albany county. 
 
PRACTICAL FORMS. 59 
 
 [ No. 98. ] 
 Certificate of sheriff of defendant being in custody. 
 
 (Title of the action.) 
 
 I certify that E. B., the above defendant, is in my^ custody 
 in the jail of the county of Albany, on a surrender made by 
 his bail in this action, (or on a voluntary surrender,) on the 
 thirteenth day of March last, and after the recovery of judg-. 
 ment in the said action. And I do further certify, that there 
 was not delivered to me any writ of execution in the said 
 action within three months from the time of such surrender. 
 
 Dated July 1, 1851. 
 
 W.B., Sheriff of 
 
 Albany county. 
 
 [ No. 99. ] 
 Certificate of service of summons and complaint. 
 
 City and County of Albany, ss : 
 
 I, W. B., sheriff of the city and county of Albany, certify, 
 that on the sixth day of October, 1851, I served upon the 
 within named C. D. the within summons, by delivering a 
 copy thereof to the said C. D., the within named defendant, 
 personally, at the city of Albany, together with a copy of 
 the complaint therein mentioned, (of which the within is a 
 copy.) 
 
 W. B., Sheriff. 
 
 [ No. 100. ] 
 
 Certificate of service of suhpoena. 
 
 City and County of Albany, ss : 
 
 I certify, that on the first day of November, 1851, at Beth- 
 lehem, in said county, I subpoenaed the within named L. B.) 
 
go PBAOTICAl FOBMS. 
 
 as I am within commanded, by showing to him the within 
 subpoena, and at the same time and place giving to him a 
 subpoena ticket, containing the substance of the said subpoena, 
 and at the same time I paid (or tendered) to him two dollars 
 for his fees. 
 
 W. B., Sheriff. 
 (By E. G., Under Sheriff.) 
 
 [ No. 101. ] 
 
 Certificate of deposit of money in lieu of undertaking. 
 
 (Title of action.) 
 
 I hereby certify, that I have received from the defendant 
 the sum of eight hundred dollars as a deposit, being the 
 amount mentioned in the order of arrest in this action. 
 Troy, July 12, 1851. 
 
 M. B., Sheriff of 
 Kensselaer county. 
 
 [ No. 102. ] 
 Certificate to purchaser of land. 
 
 (Title of the action.) 
 
 Execution to levy $300, with interest from March 3, 1850, 
 besides sheriff's fees and poundage. 
 
 Tested March 5, 1850, returnable in sixty days from its 
 receipt. 
 
 I, C. B., sheriff of the county of Albany, do certify, that by 
 virtue of a writ of execution issued in the above action, to me 
 directed and delivered, I have this day sold all the right and 
 title of the said C. D., of, in and to the following described 
 piece of land, (describe the premises sold,) together with all 
 and singular the hereditaments and appurtenances thereunto 
 belonging or in anywise appertaining, unto M. R., for the sum 
 of two hundred dollars, that being the highest sum bid there- 
 
PEACTICAL FORMS. 01 
 
 for. And the said M. E. will be entitled to a sheriff's deed 
 for the above described premises at the expiration of fifteen 
 months from this date, unless the same shall be redeemed 
 within that time, pursuant to the statute in such case made 
 and provided, by some person ' authorized to redeem the 
 same. 
 
 Given under my hand this fifth day of June, 1850. 
 
 0. B., Sheriff. 
 
 I 
 
 [ No. 103. ] 
 
 Commission to examine luitnesses. 
 
 The People of the State of New York, to M. C, E. V., and 
 M. E., of the city of Boston, State of Massachusetts : 
 
 Whereas, it appears to our justices of our Supreme Court 
 of our state, that H. S. and J. B., of the city of Boston afore- 
 said, are material witnesses in a certain action now depending 
 in our said Supreme Court, between C. P., plaintiff, and A. D., 
 defendant, and that the personal attendance of said witnesses 
 cannot be procured at the trial of the said action : We, in 
 confidence of your prudence and fidelity, have appointed you, 
 and by these presents, do appoint you, or any two of you, 
 commissioners to examine the said witnesses ; and therefore 
 we authorize and empower you, or any two of you, at certain 
 days and places, to be by you, or' any two of you, for that 
 purpose appointed, diligently to examine the said witnesses, 
 (or such of them as shall be produced before you, or any two 
 of you, and each apart,) on the interrogatories annexed to this 
 commission, on their respective corporal oath first taken be- 
 fore you, or any two of you, and cause the said examination 
 of (each of) said witnesses, to be reduced to writing and signed 
 by the same witness, and by yourselves, or any two of you, 
 and then return the same, annexed to the said commission, 
 unto our Supreme Court aforesaid, with all convenient speed, 
 inclosed under the seals of you, or any two of you, the said 
 commissioners. 
 
 Witness, Ira Harris, Esq., one of the justices of our Su- 
 
Q2 PRACTICAL POEMS. 
 
 preme Court, this third day of November, one thousand eight 
 hundred and fifty-one. 
 
 B. L., Attorney. 
 
 E. L., Clerk. 
 
 [ No. 104. ] 
 
 Consent of guardian. 
 
 I hereby consent to become guardian ad litem of the above 
 
 petitioner in the above entitled action. 
 
 Buffalo, July 6, 1851. 
 
 M. S. 
 
 [ No. 105. ] 
 
 Consent of next friend. 
 
 I hereby consent to be appointed the next friend of the 
 
 above petitioner, and to appear for him as such, in the action 
 
 mentioned in the above petition. 
 
 Utica, May 5, 1851. 
 
 S. B. 
 
 [ No. 106. ] 
 
 Deed of referee in partition. 
 
 This indenture, made the 13th day of July, in the year one 
 thousand eight hundred and fifty three, between B. B., a 
 referee, appointed by the Supreme Court of the state of New 
 York, dwelling in the city of Albany, of the first part, and 
 N. B., of the city and county of New York of the second 
 part, witnesseth : Whereas, at a special term of the Supreme 
 Court, held at the City Hall in the city of Albany on the 21st 
 day of May, 1853, before his Honor, Ira Harris, one of the 
 justices of said court, it was among other things ordered, ad- 
 judged and decreed, by the said court, in a certain action then 
 
PEA.CTIOAL FORMS. 63 
 
 .depending in tlie said court, between A. M., plaintiff, and 
 C. M., D. M. and B. M., defendants ; that all and singular the 
 premises mentioned and set forth or referred to in the com- 
 plaint in said action, or so much thereof as are hereinafter 
 particularly described, be sold by or under the direction of 
 B. B., referee appointed by said court, at public auction, in 
 the county where said premises are situated ; that the said 
 referee first give public notice of the time and place of such 
 sale, with a brief description of the said premises, according 
 to the practice of the said court : And, whereas, I, the said 
 referee and party of the first part to these presents, in pur- 
 suance of the order and decree of the said court, did on the 
 day of the date of these presents, sell at public aution, at the 
 rotunda of the Merchants' Exchange in the city of Albany, 
 the said premises hereinafter particularly described, having 
 first given public notice of the time and place of such sale, 
 with a brief description of the said premises, agreeably to the 
 order aforesaid, at which time and place the said premises were 
 struck off to and purchased by the said party of the second 
 part to these presents, for the sum of six thousand dollars ; 
 that being the highest sum bidden for the same : 
 
 ISTow, therefore, this indenture witnesseth : that the said 
 party of the first part, in order to carry into effect the said 
 sale so made as aforesaid, in pursuance of the decree of the 
 said court ; and also by virtue of the statute in such case 
 made and provided, and in consideration of the premises, and 
 of the sum of six thousand dollars, paid by the said party of 
 the second part to these presents, to me the said referee as 
 aforesaid, thcTeceipt whereof I do hereby acknowledge, have 
 granted, bargained and sold, conveyed and confirmed, and by 
 these presents do grant, bargain and sell, convey and confirm, 
 unto the said party of the second part, and to his heirs and 
 assigns forever. All (here insert description of the premises) 
 together with all and singular the rights, titles, privileges, 
 members, hereditaments and appurtenances to the same be- 
 longing, or in anywise appertaining. To have and to hold 
 all and singular the said premises above mentioned and de- 
 scribed, and hereby granted and conveyed, or intended so to 
 be, unto the said party of the second part, his heirs and as- 
 
64 PRACTICAL FORMS. 
 
 signs, to tlie only proper use, benefit and behoof of the said 
 party of the second part, his heirs and assigns forever. 
 
 In witness whereof, I., B. B., the said referee, have hereunto 
 set my hand and seal, the day and year first above mentioned. 
 
 B. B. [L. s.] 
 
 Eeferee. 
 
 (Add acknowledgment.) 
 
 [ No. 107. ] 
 
 Deed hy special guardian of an infant. 
 
 This indenture, made the first day of December, one thou- 
 sand eight hundred and fifty-seven, between A. B., of the 
 city and county of Albany, special guardian of 0. D. and E. 
 D., infants under the age of twenty-one years, party of the 
 first part, and L. M. of the city of Troy, party of the second 
 part. "Whereas a petition was heretofore presented to the 
 Supreme Court of the state of New York, by the said C. D., 
 who is an infant over the age of fourteen years, having no 
 general guardian, and by D. D., the mother and next friend 
 of the said B. D,, who is an infant under the age of fourteen 
 years, and having no general guardian, on his behalf, praying 
 for the sale of the right, title and interest of the said infants 
 in the real estate therein mentioned ; and whereas such pro- 
 ceedings were afterwards had in the said court, upon the said 
 petition, that by an order of said court made on the fifth day 
 of June, 1857, the said A. B. was appointed the special guar- 
 dian of the said infant, for the purposes of the said applica- 
 tion, upon his giving the security therein required ; and 
 whereas such security duly approved and acknowledged, was 
 subsequently filed by the said guardian in the proper office ; 
 and whereas, by another order of the said court, made on the 
 tenth day of June, aforesaid, the said A. B. was authorized 
 and empowered to contract for the sale and conveyance of 
 the right, title and interest of the said infant, in such real 
 estate, at a price not less than that specified in the said order 
 of the tenth of June, and upon the terms and conditions 
 
PRACTICAL FORMS. ' 65 
 
 therein mentioned. And wbereas, in pursuance of tlie last- 
 mentioned order, the said special guardian afterwards made 
 his report, dated the twenty -fifth day of June, aforesaid, to 
 the said court, stating that he had entered into an agreement, 
 subject to the approbation of the said court, with L. M., for 
 the sale of all the right, title and interest of the said infants 
 in and to the said real estate, upon the terms and conditions 
 therein mentioned ; whereas, by another order of the said 
 court made on the fifteenth day of ^uly, 1857, it was ordered 
 that the said report of such special guardian, and the agree- 
 ment mentioned therein, be, and the same were thereby rati- 
 fied and confirmed ; and whereas, it was further ordered by 
 the said court, in and by the said last-mentioned order, that 
 the said special guardian should execute, acknowledge and 
 deliver to the said L. M., a good and sufficient conveyance of 
 all the estate, right, title and interest of the said infants in and 
 to the said premises, upon his complying with the .terms and 
 conditions upon which, by the said agreement, such deed was 
 to be delivered. And whereas, the said L. M., the purchaser 
 aforesaid, has complied with the terms and conditions of the 
 said agreement : 
 
 Now, therefore, this indenture witnesseth that the said party 
 of the first part, special guardian as aforesaid, by virtue of the 
 power and authority conferred upon him by the several 
 orders above mentioned, and in pursuance of the statute in 
 such case made and provided, for and in consideration of the 
 sum of eight hundred dollars to him 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 confessed and 
 acknowledged, hath granted, bargained, sold, remised, released 
 and conveyed, and by these presents doth grant, bargain, sell, 
 remise, release and convey, unto the said party of the second 
 part, his heirs and assigns forever, all the right, title and in- 
 terest of the said infant, of, in and to all that certain (here in- 
 sert description :) To have and to hold the said premises, and 
 every part and parcel thereof, with the appui-tenances, to the 
 said L. M., his heirs and assigns, to his and their only proper 
 use, benefit and behoof forever. A. B. [l. S.J 
 
 (Add acknowledgment.) 
 
 6 
 
eg PRACTICAL FORMS. 
 
 [ No. 108. ] 
 
 Deed hy committee of a lunatic. 
 
 This indenture, made the tenth day of December, one thou- 
 sand eight hundred and fifty-seyen, between O. A. of the city 
 and county of New York, committee of the person and estate 
 of B. D., a lunatic, of the first part, and L. M. of the same 
 place, of the second part. Whereas, by an order of the 
 Supreme Court of the state of New York, made on the first 
 day of July last past, reciting that it appeared to the said 
 court, that the personal estate of the said B. D. was insufii- 
 cient for the payment of his debts, and that a sale of a portion of 
 the real estate of the said lunatic was necessary for the pay- 
 ment thereof, said 0. A., as such committee, was, among other 
 things, authorized, empowered and directed to sell, at public 
 or private sale, subject to the approbation of the court, the 
 premises hereinafter described, for the purpose of paying and 
 discharging the debt of the said lunatic, and to report the 
 terms of sale or sales made by him, to the court, on oath, be- 
 fore any contract or deed should be executed. And whereas, 
 the said 0. A., as such committee, having in pursuance of 
 said order, on the second day of September, 1857, made his 
 report to the court on oath, stating that he had entered into 
 an agreement, subject to the approbation of the court, with L. 
 M., aforesaid, for the sale to him of the premises hereinafter 
 described, at and for the sum of six hundred dollars, to be 
 paid on the delivery of the deed therefor. And whereas, by 
 another order of the said court, on the third day of November, 
 1857, it was ordered that the said report and the said agree- 
 ment be ratified and confirmed, and that the said committee 
 should execute, acknowledge and deliver to the said L. M. a 
 good and sufiicient conveyance of the tract of land so pur- 
 chased by him, upon receiving the purchase money agreed to 
 be paid therefor. Now therefore, this indenture witnesseth, 
 that the said party of the first part, committee as aforesaid, by 
 virtue of the power and authority conferred upon him by the 
 several orders above mentioned, and in pursuance of the 
 statute in such case made and provided, and in considera- 
 
PEACTICAL FORMS. 67 
 
 tion of tlie sum of six hundred dollars, the said purchase 
 money, to him 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 confessed and acknowl- 
 edged, hath granted, bargained, sold, remised, released and 
 conveyed, and by these presents doth grant, bargain, sell, re- 
 mise, release and convey, unto the said party of the second 
 part, his heirs and assigns forever, all the right, title and in- 
 terest of the said lunatic, of, in and to all that certain (insert 
 description.) To have'and to hold the said premises and. 
 every part and parcel thereof, with the appurtenances, to the 
 said L. M., his heirs and assigns, to his and their only proper 
 use, benefit and. behoof forever. 
 
 (Add acknowledgment.) 
 
 L. M. [L. s.] 
 
 [ No. 109. ] 
 
 Deed of referee in foreclosure. 
 
 This indenture, made the sixteenth day of March, one 
 thousand eight hundred and fifty-eight, between A. B., referee 
 in the action hereinafter mentioned, of the city of Albany, 
 of the first part, and E. P., of the city of Utica, of the second 
 part. Whereas, at a special term of the Supreme Court of 
 the state of New York, held at the City Hall, in the city of 
 Albany, on the third day of July, one thousand eight hun- 
 dred and fifty-seven, it was, among other things, ordered, ad- 
 judged and decreed, by the said court, in a certain action 
 then pending in the said court, between 0. P., plaintiff, and 
 E. S., T. S., and H. G., defendants, that all and singular 
 the mortgaged premises mentioned in the complaint in .said 
 action, and in said judgment described, or so much thereof 
 as might be sufficient to raise the amount due to the plaintiff 
 for principal, interest and costs in said action, and which might 
 be sold separately, without material injury to the parties inter- 
 ested, be sold at public auction, according to the course and 
 practice of said court, by or under the direction of said A. B., 
 who was appointed a referee in said action, and to whom it 
 
68 PRACTIOAL FORMS. 
 
 "Was referred by the said order and judgment of the said 
 court, among other things, to make such sale ; that the said 
 sale be made in the county where the mortgaged premises are 
 situated ; that the referee give public notice of the time and 
 place of such sale, according to the practice of said court, and 
 that any of the parties in said action, might become a pur- 
 chaser or purchasers on such sale ; that the said referee exe- 
 cute 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 (fonveyance for the same. 
 And whereas the said referee, in pursuance of the order and 
 judgment of the said court, did, on the tenth day of March, 
 one thousand eight hundred and fifty-eight, sell at public auc- 
 tion, at the rotunda, in the Merchants' Exchange, in the city 
 of Albany, the premises in the said order and judgment 
 mentioned, due notice of the time and place of such sale being 
 first given, agreeably to said order ; at which sale, the prem- 
 ises hereinafter described, were struck off to the said party 
 of the second part, for the sum of ten thousand dollars, that 
 being the highest sum bidden for the same. ISTow this inden- 
 ture witnesseth that the said referee, the party of the first 
 part to these presents, in order to carry into eiiect the sale so 
 made by him as aforesaid, in pursuance of the order and 
 judgment 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, having been first duly paid by the said party of 
 the second part, the receipt whereof is hereby acknowledged, 
 hath bargained and sold, and by these presents doth grant 
 and convey unto the said party of the second part, all that 
 certain (describe premises), to have and to hold all and singu- 
 lar the premises above mentioned and described, and hereby 
 conveyed, or intended so to be, unto the said party of the 
 second part, his heirs and assigns, to his and their only proper 
 use, and benefit and behoof for ever. 
 
 In witness whereof, the said party of the first part, referee 
 as aforesaid, hath hereunto set his hand and seal the day and 
 year first above written. A. B., Referee, [l. s.J 
 
 (Add acknowledgment.) 
 
PRACTICAL FORMS. 69 
 
 [ No. 110. ] 
 Deed of sheriff to purchaser under an execution. 
 
 To all to -whom these presents shall come, I, W. B., sheriff 
 of the county of Albany, send greeting : 
 
 Whereas, by virtue of a writ (or two or more certain 
 writs) of execution issued out of the Supreme Court, in favor 
 of A. B. against C. D., to the said sheriff directed and deliv- 
 ered, commanding him, that of the goods and chattels of the 
 said C. D. in his county, he should cause to be made, certain 
 moneys in the said writ (or writs) specified, and if sufficient 
 goods of the last-named person could not be found, that then 
 he should cause the amount of such judgment to be made of 
 the lands, tenements, real estate, and chattels real, whereof 
 the said last-named person was seized at a certain time in the 
 said writ specified, as on reference to the said writ now of 
 record in said court will more fully appear. And, whereas, 
 because sufficient goods and chattels of the said last-named 
 person in the said writ could not be found, whereof he, the 
 said sheriff, could cause to be made the moneys specified in 
 the said writ, he, the said sheriff, did, in obedience to the said 
 command, levy on, take and seize all the estate, right, title 
 and interest of the said last-named person of, in and to the 
 lands, tenements, real estate and premises hereinafter particu- 
 larly set forth and described, with the appurtenances, and 
 did on the twentieth day of March, one thousand eight hun- 
 dred and fifty, sell the said premises at public vendue, in the 
 rotunda of the Merchants' Exchange, in the city of Albany, 
 in the county of Albany, he having first given notice of the 
 time and place of such sale, by advertising the same accord- 
 ing to law ; at which sale the said premises were struck off 
 and sold to W. F., for the sum of eight hundred dollars, he, 
 the said W. F., being the highest bidder, and that being the 
 highest sum bidden for the same. Whereupon, the said 
 sheriff, after receiving from the said purchaser the said sum 
 of money so bidden as aforesaid, gave to him such certificate 
 as is by law directed to be given, and a certificate of such sale 
 was duly filed in the office of the-clerk of the Supreme Court, 
 
70 PRACTICAL FOEMS. 
 
 in the county of Albany. And whereas, the fifteen months 
 after such sale, and the giving and filing of such certificate 
 thereof have expired, -without any redemption of the said 
 premises having been made. (If the case require, here in- 
 sert the transfer of the sheriff's certificate to the present 
 owner.) 
 
 Now, this indenture witnesseth, that I, "W . B., the sheriff, 
 as aforesaid, by virtue of the said writ, and in pursuance of 
 the statute in such case made and provided, for and in con- 
 sideration of the sum of money above mentioned, to me in 
 hand paid, as aforesaid, the receipt whereof is hereby ac- 
 knowledged, have granted, bargained, sold, released, assigned, 
 conveyed and confirmed, and by these presents, do grant, 
 bargain, sell, release, assign, convey and confirm unto the 
 said W. P., his heirs or assigns, all the estate, right, title and 
 interest of the said person, against whom the said writ of exe- 
 cution has been issued as aforesaid, whereof he was seized or 
 possessed on the third day of January, one thousand eight 
 Jiundred and fifty, (the day mentioned in the writ,) or any 
 time afterwards, in, and to all that (describe the real estate 
 conveyed,) together with all and singular, the hereditaments 
 and appurtenances thereunto belonging, or in anywise apper- 
 taining : to have and to hold the said above-mentioned and de- 
 scribed premises, with the appurtenances, unto the said W. F., 
 his heirs and assigns forever, as fully and absolutely as I, W. 
 B., the sheriff' aforesaid, may, can, or ought to, by virtue of 
 the said writ, and of the statute in such case made and pro- 
 vided, grant, bargain, sell, release, assign, convey and con- 
 firm the same. 
 
 In witness whereof, I, the said sheriff, have hereunto set 
 my hand and seal, the day and year first above written. 
 Sealed and delivered ) 
 in presence of j 
 
 W. B., Sheriff. [L. s.] 
 
PRACTICAL FOEMS, 71 
 
 [ No. 111. ] 
 
 Sheriff's deed in partition where sale is ordered, or on sale of 
 mortgaged premises. 
 
 This indenture, made this fourtii day of June, 1851, be- 
 tween W. B., sheriif of the county of Albany, of the first part, 
 and P. K., of the city of Albany, of the second part : 
 
 Whereas, at a (special) term of the Supreme Court, held 
 for the state of New York, at the City Hall in the city of Al- 
 bany, on the third day of January, 1851, before Ira Harris, 
 Esq., one of the justices of said court, it was, among other 
 things, ordered, adjudged and decreed by the said court, be- 
 tween A. B., plaintiff, and 0. D., E. F. and G. H., defend- 
 ants, that all and singular, the premises mentioned in the 
 complaint in said action, and hereinafter described, together 
 with all and singular the hereditaments and appurtenances 
 thereunto belonging, or in anywise appertaining, should be 
 , sold at public auction in the county of Albany, where such 
 premises are situated, by and under the direction of the 
 sheriff, residing in said county, after such sheriff had given 
 the public notice of the time and place specified in such order 
 and required by law, and the rules and practice of said court. 
 And, whereas, the said sheriff, party of the first part, to these 
 presents, in pursuance of the said order, judgment and decree 
 of the said court, did, on the first day of June, 1851, sell at 
 public auction, in the rotunda of the Merchants' Exchange, in 
 the city of Albany, the premises mentioned in the said order, 
 after having given public notice of the time and place of such 
 sale, and a brief description of the said premises in conformity 
 with the order aforesaid. And, whereas, at said sale the said 
 premises were struck off to, and purchased by the said party 
 of the second part to these presents, at and for the sum of six 
 hundred dollars, that being the highest sum bidden for the 
 same. 
 
 Now, therefore, this indenture witnesseth, that the said 
 party of the first part, sheriff as aforesaid, in order to carry 
 into effect the sale So made in pursuance of the said decree 
 of said court, and also by virtue of the statute in such case 
 
72 PRACTICAL FORMS. 
 
 made and provided, and in consideration of the sum of six 
 hundred dollars, to him in hand paid, by the said party of 
 the second part, the receipt whereof is hereby confessed and 
 acknowledged, hath granted, bargained, sold, aliened, re- 
 leased, 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 to his heirs and assigns 
 forever, (insert description of land) together with all and 
 singular the rights, titles, hereditaments and appurtenances 
 thereunto belonging, or in anywise appertaining. To have 
 and to hold all and singular the premises above mentioned 
 and described, unto 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 whereof, the 'said party of the first part has 
 hereunto set his hand and seal, the day and year first above 
 written. 
 
 W. B., Sheriff, [l. s.] 
 
 [ No. 112. J 
 
 Exoneretur — {to he indorsed on the original bail piece.) 
 
 The within defendant having, on his own prayer, (or on 
 the prayer of) and for the indemnity of his manucaptors, 
 been committed to the sheriff of Albany, at the suit of the 
 plaintiff on the within plea, the said manucaptors of their re- 
 cognizance, within contained, are fully exonerated. 
 
 [ No. .113. ] 
 
 Execution for interlocutory costs. 
 
 The People of the State of New York, to the sheriff of the 
 county of Albany : 
 
PRACTICAL FORMS. 73 
 
 An order was rendered in the Supreme Court of the State 
 of New York, in favor of M. C, plaintiff, against Gr. H., de- 
 fendant, for the sum of ten dollars, on the sixth day of Octo- 
 ber; one thousand eight hundred and fifty-one, and filed in 
 the clerk's office of the city and county of 'New York. 
 
 There is now actually due on said order the sum of ten 
 dollars, and interest thereon, from October 6, 1851. 
 
 You are therefore required to satisfy the order out of the 
 personal property belonging to the defendant in your county. 
 
 Dated May 26, 1851. 
 
 A. B., Plff's Atty. 
 
 (Indorsed.) 
 
 Title of the action. Execution to Albany county, A. B., 
 Plff's Atty. Levy $10, with interest from the 6th of Oct., 
 1851, and return this execution within sixty days after its 
 receipt by you to the New York county clerk's office. 
 
 A. B., Plff's Attorney. 
 
 [ No. 114. ] 
 Execution on judgment for money. 
 
 The People of the State of New York, to the sheriff of the 
 county of Oswego : 
 
 A judgment was rendered in the Supreme Court of the 
 state of New York, in favor of A. B., plaintiff, against C. D. 
 and E. F., defendants, for five hundred dollars and twenty 
 cents, and ten dollars and fifty cents costs, and filed in 
 Albany county on the third day of November, one thousand 
 eight hundred and fifty-one, and docketed in the said county 
 of Oswego on the fifth day of November, one thousand eight 
 hundred and fifty-one, at ten o'clock A. M. There is now 
 actually due on said judgment, five hundred and ten dollars 
 and seventy cents, with interest from Nov. 8, 1851. 
 
 You are therefore required to satisfy the judgment out of 
 the personal property of the defendants ; or if sufficient can- 
 not be found, then out of the real property in your county 
 belonging to the defendants, (or either of them,) on the fifth 
 
74 PRACTICAL POEMS. 
 
 day of November, one thousand eight hundred and fifty -one, 
 or at any time thereafter. 
 
 Nov. 7, 1851. 
 
 G. H., Plff' s Atty. 
 
 (Indorse as on the preceding.) 
 
 [ No. 115. ] 
 HJxecutwn on judgment for money — {another form.) 
 
 The People of the State of New York, to the sheriff of the 
 county of Yates, greeting: 
 
 Whereas, judgment was rendered on the fifth day of June, 
 one thousand eight hundred and fifty -two, in an action in the 
 Supreme Court, between M. V., plaintiff, and 0. P., defend- 
 ant, in favor of said plaintiff, against said defendant, for the 
 sum of five hundred dollars, as appears by the judgment 
 roll, filed in the office of the clerk of the county of Wayne. 
 And whereas, said judgment was docketed in your county on 
 the tenth day of June, in the year one thousand eight hun- 
 dred and fifty-two, and the sum of five hundred dollars, and 
 interest from the said fifth day of June, is now actually due 
 thereon. Therefore we command you, that you satisfy the 
 said judgment out of the personal property of said defendant 
 in your county, or if sufficient personal property cannot be 
 found, then out of the real property in your county belonging 
 to said defendant (or either of them), on the day when the 
 said judgment was so docketed in your county, or at any time 
 thereafter, and return this execution within sixty days after 
 its receipt by you, to the clerk of the county of Wayne. 
 
 Dated, July 1, 1852. 
 
 A. B., Plaintiff's Atty. 
 
 (Indorse as in last form.) 
 
PBACTICAL FORMS. 75 
 
 [ No. 116. ] 
 
 Execution where an attachment has teen, issued to sell property 
 
 attached. 
 
 To 'the sheriff of the county of Alhany : 
 
 Whereas, an attachment issued on the 20th day of May, 
 1853, and whereas a judgment was rendered in the (Supreme) 
 Court of the state of New York, in favor of A. B., plaintiff, 
 against C. D., defendant, for five hundred dollars damages, 
 and fifty dollars and seventy-five cents costs, and filed in 
 Albany county, on the twenty-seventh day of July, one 
 thousand eight hundred and fifty-three, and docketed in 
 Albany county, on the twenty-seventh day of July, one 
 thousand eight hundred and fifty-three, at twelve o'clock 
 noon. There is now actually due on said judgment five 
 hundred and fifty dollai-s and seventy-five cents, with interest 
 from July 27, 1853. 
 
 You are therefore required to satisfy the judgment out of 
 the property attached by you on the 20th day of May, 1853, 
 first applying thereto the personal property, and if the per- 
 sonal property is not sufficient, then out of other real prop- 
 erty, or interest in real property, in your county so attached 
 by you, belonging to the said defendant on the twentieth day 
 of May, 1853, or at any time thereafter, and make return to 
 the clerk of Albany county, within sixty days after the receipt 
 of this execution by you. 
 
 Dated July 30, 1853. 
 (Indorse as in last form.) 
 
 C. L., Plff's Atty., Albany. 
 
 [ No. 117. ] 
 
 Execution for deficiency in foreclosure. 
 
 The People of the State of New York to the sheriff of the 
 City and County of New York, greeting : 
 Whereas, on the fifth day of July, one thousand eight hun- 
 
76 PRACTICAL FORMS. 
 
 dred and fifty-seven, by a certain judgment made in our Su- 
 preme Court of the state of New York, in a certain action 
 depending in our said court, wherein A. B. is plaintiff, and 
 C. D. and E. F. are defendants, it was, among other things, 
 ordered, adjudged and decreed, that all and singular the 
 mortgaged premises mentioned in the plaintiff's complaint in 
 said action, or so much thereof as might be sufiElcient to raise 
 the amount due to the said plaintiff for the principal, interest 
 and costs in the said action, and which might be sold sepa- 
 rately without material injury to the parties interested, be sold 
 at public auction by or under the direction of S. N., a referee 
 duly appointed for that purpose, (or by the sheriff of the 
 county of New York ;) and that the said referee, (or the sher- 
 iff,) out of the proceeds of said sale, retain his fees and dis- 
 bursements on said sale, and pay to the plaintiff, or his attor- 
 ney, his costs in said action ; and also the amount reported 
 due to him upon his mortgage, together with legal interest 
 thereon from the date of the judgment in said action, or so 
 much thereof as the purchase money of the mortgaged prem- 
 ises would pay of the same ; and that such referee (or sheriff) 
 bring the surplus moneys arising from said sale, if any, into 
 court, (or that he retain in his hands the surplus money aris- 
 ing from said sale, if any there be, to await the further 
 order of the said court ;) and that if the moneys arising from 
 the said sale should be insufiicient to pay the amount reported 
 due the plaintiff, with the interest, and costs, and expenses of 
 such sale, that such referee (or sheriff) specify the amount 
 of such deficiency in his report of said sale ; and that on the 
 coming in and confirmation of such report, the defendant C. 
 D., who is personally liable for the payment of the mortgage 
 debt, should pay to the plaintiff such deficiency, with interest 
 thereon from the date of the last-mentioned report, and that 
 the plaintiff have execution therefor. And whereas, the said 
 referee (or sheriff) has filed his report of said sale, in the 
 proper ofiice, and the same has been duly confirmed by an 
 order of the said court, from which report it appears that the 
 amount of the deficiency upon the sale of the said mortgaged 
 premises, over and above the sum for which the said premises 
 were sold, is three hundred dollars ; and whereas, the said 
 
PRACTICAL FOEMS. 77 
 
 C. D. has failed to comply witli all and singular the matters 
 required of him in and by the said decree, and to pay the 
 amount of the deficiency thus reported, with interest, or any 
 part thereof, as we have been informed in our said court ; now, 
 therefore, in order that full and speedy justice may be done 
 in the premises, we command you, the said sheriff, that of the 
 goods and chattels of the said C. D,, in your county, you cause 
 to be made the said three hundred dollars, being the amount 
 of the deficiency of the moneys arising from said sale, to pay 
 the amount reported due and decreed to be paid to the said 
 plaintiff, with the interest and costs. And if sufficient goods 
 and chattels of the said 0. t>. cannot be found in your county, 
 that then you cause the said sum of three hundred dollars, so 
 decreed to be paid as aforesaid, with interest from the date of 
 said report, to be made of the lands and tenements, and chat- 
 tels real, of the said C. D., whereof he was seized on the fifth 
 day of July, 1857, or at any time since, in whosesoever hands 
 the same be, and render the same to the said A. B., accord- 
 ing to the decree aforesaid ; and that you return this execu- 
 tion within sixty days after its receipt by you, to the clerk 
 of the county of New York. 
 
 Dated January 12, 1858. 
 (Indorse as in last form.) 
 
 C. L., Plaintiff's Att'y, 
 
 Albany. 
 
 [ No. 118. ] 
 Execution against an executor. 
 
 Th6 People of the State of New York, to the sheriff of the 
 county of Greene : 
 
 A judgment was rendered in the Supreme Court of the 
 state of New York, in favor of G. H., plaintiff, against L. M., 
 as executor of the last will and testament of B. P., late of the 
 county of Greene, deceased, (®r administrator of all and sin- 
 gular, the goods, chattels and credits which were of B. P., late 
 of the county of Greene, deceased, at the time of his death, 
 
78 PRACTICAL FORMS. 
 
 the said B. P. having died intestate,) defendant, for the sum 
 of four hundred dollars^ recovery, and twenty-five dollars, 
 costs, and filed and docketed in Greene county, on the tenth 
 day of July, one thousand eight hundred and fifty one, at two 
 o'clock P. M. There is now actually due on said judgment 
 four hundred and twenty-five doUars with interest, from July 
 10, 1851. 
 
 You are therefore required to satisfy the judgment out of 
 the personal property of the said B. P., in the hands of the 
 said L. M. in your county. 
 
 July 12, 1851. 
 
 E. C, Plaintiff '3 Att'y. 
 
 (Indorse as in form No. 113.) 
 
 [ No. 119. ] 
 
 Execution against the person. 
 
 The People of the State of New York, to the sheriff of the 
 county of Saratoga, greeting : 
 
 A judgment was rendered in the Supreme Court of the 
 state of New York, in favor of M. B., plaintiff, against N. A., 
 defendant, for one hundred dollars damages, and thirty -five 
 dollars costs, and filed and docketed in your county on the 
 tenth day of August, one thousand eight hundred and fifty- 
 one. There is now actually due on said judgment one hun- 
 dred and thirty -five dollars, with interest thereon from August 
 10, 1851. An execution having been issued to the sheriff of 
 the proper county, against the property of the said judgment 
 debtor, and returned wholly unsatisfied : You are therefore 
 required to arrest the said N. A., judgment debtor as afore- 
 said, and commit him to the jail in your county until he shall 
 pay the judgment, or be discharged according to law. 
 
 September 6, 1851. 
 
 E. S., Plaintiff's Att'y. 
 
PRACTICAL PORMa 79 
 
 [ No. 120. ] 
 
 Execution for the delivery of possession of property. 
 
 The People of the State of New York, to the sheriff of the 
 county of Essex : 
 
 Whereas, judgment was rendered in the Supreme Court of 
 the state of New York, in favor of A. L., plaintiff, against E. 
 S., defendant, for the delivery to the said A. L. of the posses- 
 sion of certain real (or personal) property, (here describe 
 property as in the judgment,) as appears to us by the said 
 judgment, filed and docketed in the office of the clerk in your 
 county, on the fourth day of October, one thousand eight 
 hundred and fifty-one. 
 
 You arQ hereby required to deliver to the said A. L., plain- 
 tiff aforesaid, the possession of the said real (or personal) 
 property, and return this execution within sixty days after its 
 receipt by you, to the clerk of the county of Essex. 
 
 October 20, 1851. 
 
 R. G., Plaintiff's Att'y. 
 
 [ No. 121. ] 
 
 Execution for the delivery of possession of property^ and for 
 damages. 
 
 To the sheriff of the county of Chenango : 
 
 Whereas, judgment was rendered in the Supreme Court of 
 the state of New York, in favor of Z. B., plaintiff, against C. 
 M., defendant, for the delivery to the said plaintiff of the pos- 
 session of certain real (or personal,) property, to wit : (here 
 set forth the property as in the judgment,) and also for five 
 hundred dollars damages and costs, as appears to us by the 
 judgment roll duly filed, and the judgment docketed in the 
 office of the clerk of the county of Chenango, on the nine- 
 teenth day of October, one thousand eight hundred and fifty- 
 one. There is actually due upon the said judgment five hun- 
 dred dollars, and interest thereon from October 19, 1851. 
 
80 PRACTICAL FOEMS. 
 
 You are, therefore, hereby required to deliver to the said 
 Z. B. the possession of the said real (or personal) property, 
 and also to satisfy the said damages and costs out of the per- 
 sonal property of the said C: M., defendant, as aforesaid ; or 
 if sufficient cannot be found, then out of the real property in 
 your county, belonging to the defendant, on the nineteenth 
 day of October, one thousand eight hundred and fifty-one, or 
 at any time thereafter. 
 
 October 20, 1851. 
 
 I. K., Plaintiff's Att'y. 
 
 [ No. 122. ] 
 HJxecution against property after affirmance of judgment. 
 
 The People of the State of New York, to the sheriff of the 
 the county of Albany : 
 
 Whereas, judgment was rendered on the 20th day of March, 
 1851, in an action in the Supreme Court, between J. M., plain- 
 tiff, and S. K., defendant, in favor of the said plaintiff (or de- 
 fendant,) for the sum of one hundred dollars, as appears to 
 us by the judgment roll filed in the office of the clerk of the 
 county of Albany ; and whereas, the said defendant (or plain- 
 tiff ) did appeal from the said judgment to the Supreme Court 
 at a general term thereof, (or to the Court of Appeals,) and 
 the said judgment being by the said Supreme Court (or Court 
 of Appeals) in all things affirmed, it Avas adjudged by the 
 said court that the said plaintiff (or defendant) recover from 
 the said defendant (or plaintiff,) the sum of ninety dollars, for 
 his costs and disbursements upon such appeal, as appears to 
 us from the judgment roll and proceedings thereon, (in the 
 said Court of Appeals, remitted into and) filed in the said 
 Supreme Court, upon which said judgment there is now actu- 
 ally due the sum of one hundred and ninety-four dollars and 
 interest thereon from the 16th day of July, 1851. 
 
 You are therefore required to satisfy the judgment out of 
 the personal property of the said defendant (or plaintiff ;) or 
 if sufficient cannot be found, then out of the real property in 
 
PRACTICAX FORMS. 81 
 
 your county, belonging to the said defendant (or plaintiff,) on 
 
 the sixteenth day of July, one thousand eight hundred and 
 
 fifty one, or at any time thereafter. 
 
 Dated July 16, 1851. 
 
 0. M., Plaintiff's 
 
 (or Defendant's) Att'y. 
 (Indorsed title of the action.) 
 
 Execution to Albany county, 0. M., plaintiff's (or defend- 
 ant's) attorney. Levy $194, with interest from July 16, 1851, 
 and return this execution within sixty days after its receipt 
 by you to the Albany county clerk's office. 
 
 0. M., Plaintiff's 
 (or Defendant's) Att'y. 
 
 [ No. 123. ] 
 Execution against property after reversal on dpjyeal. 
 
 The People of the State of New York, to the sheriff of the 
 county of Fulton : 
 
 "Whereas, M. P. did appeal to the general term of the Su- 
 preme Court (or to the Cdurt of Appeals,) from a judgment 
 rendered in the Supreme Court between N. G., plaintiff, and 
 M. P., defendant, in favor of the said plaintiff against the said 
 defendant, for five hundred dollars ; and, whereas, the judg- 
 ment was, by the said appellate court, in all things reversed, 
 it was adjudged by the said appellate court that the said de- 
 fendant recover from the said plaintiff the sum of one hun- 
 dred dollars for his costs and disbursements upon such appeal, 
 as appears to us by the judgment roll and proceedings (remit- 
 ted and) filed in the said Supreme Court, on the sixth day of 
 November, one thousand eight hundred and fifty -one, upon 
 which said judgment there is now actually due, (conclude and 
 indorse as in the previous form.) 
 
 6 
 
82 PRACTICAIi FORMS. 
 
 [ No. 124 ] 
 Habeas corpus ad testificandum. 
 
 The People of the State of New York, to the sheriflp of the 
 county of Albany : 
 
 "We command you that you have the body of N. G., de- 
 tained iu our prison under your custody, as it is said, under 
 safe and secure conduct, before our Supreme Court, at a cir- 
 cuit court to be held at the City Hall in the city of Albany, 
 in and for the county of Albany, on the first Monday of April 
 next, to testify and give evidence in a certain action now 
 pending in our said Supreme Court, then and there to be tried 
 between K. L., plaintiff, and M. B., defendant, on the part of 
 the plaintiff (or defendant,) and immediately after the said 
 N. G. shall then and there have given his testimony in the 
 said action, that you return him to our said prison under safe 
 and secure conduct. And that you have then there this writ. 
 
 Witness, Ira Harris, Esq., one of the justices of our Su- 
 preme Court, the 20th day of March, 1851. 
 
 R. L., Clerk. 
 
 A. B., Attorney. 
 (Indorsed.) 
 
 Allowed March 20, 1851. 
 
 lEA HARRIS. 
 
 [ No. 125. ] 
 Preliminary injunction. 
 
 (Title of the action.) 
 
 It appearing from the complaint in this action, duly veri- 
 fied, and from the affidavits of E. J. and B. E., that the said 
 plaintiff is entitled to the relief demanded in the complaint, 
 and that such relief consists in restraining the said defendant 
 (here set forth the matter prohibited to be done) : 
 
 Now, therefore, in consideration of the premises, and of 
 the particular matters in the said complaint and affidavits set 
 forth, I do hereby command and strictly enjoin the said de- 
 
PEACTI0AI, FORMS. 88 
 
 fendant, C. M., and all his counselors, attorneys, solicitors 
 and agents, and all others acting in aid or assistance of him, 
 and each and every of them, under the penalties by law pre- 
 scribed, that he and they, and each of them, do absolutely re- 
 sist and refrain from (insert the matter prohibited to be done) 
 until this court shall have made further order thereupon, 
 July 1, 1851. 
 
 A. J. PARKER. 
 
 [ Ko. 126. ] 
 Another form of preliminary injunction. 
 
 The People of the State of New York, to M. P., and to his 
 counselors, attorneys, solicitors and agents, and each and 
 every of them, greeting : 
 
 Whereas, it has been represented to us in our Supreme 
 Court, on the part of A. B., complainant, that he has lately 
 exhibited his complaint in our said court, before the justices 
 thereof, against you, the said M. P., to be relieved touching 
 the matters therein complained of; in which it is stated among 
 other things, that you are combining and confederating with 
 others, to injure the said plaintiff, touching the matters set 
 forth in the said complaint, and that your actings and doings 
 in the premises are contrary to equity and good conscience. 
 We, therefore,' in consideration thereof, and of the particular 
 matters in the said complaint set forth, do strictly command 
 you, the said M. P., and the persons before mentioned, and 
 each and every of you, under the penalty of ten thousand 
 dollars, to be levied upon your lands, goods and chattels, to 
 our use, that you do absolutely resist and refrain from (insert 
 the matter prohibited to be done) until our said court shall 
 have made further order herein. 
 
 Witness, Ira Harris, Esq., one of the justices of this court, 
 the second day of July, 1851. 
 
 [L. s.] R. L., Clerk. 
 
 (Indorsed, "By the court." R. L., Clerk.) 
 
84: PSACTICAL FORMS. 
 
 [ No. 127. J 
 Perpetual injunction. 
 
 The People of the State of New York, to C. D., and to his 
 counselors, attorneys, solicitors and agents, and each and every 
 of them, greeting : 
 
 Whereas, it has been represented to us in our Supreme 
 Court, on the part of A. B., plaintiff, that he has lately exhib- 
 ited his complaint in our said court against you, the said 
 0. D., for relief, touching the matters in the said complaint. 
 And whereas, by a judgment or decree, made upon the hear- 
 ing of the said action, on the third day of July last past, it was 
 ordered and decreed by our said court, among other things, 
 that an injunction should issue under the seal of the said court, 
 to restrain you, the said C. D., from (here set forth the matter 
 enjoined.) We do, therefore, in execution of the said decree, 
 hereby firmly enjoin and command you, and every of you, 
 that from and immediately after being served with this our 
 writ or notice thereof, you, or any of you, do not prosecute, 
 (here set forth the matter enjoined ;) but that you, and every 
 of you, do from henceforth entirely cease and desist; and this 
 you shall in no wise omit. 
 
 Witness, Ira Harris, one of the justices of the Supreme 
 Court, at Albany, this tenth day of December, one thousand 
 eight hundred and fifty-one. 
 
 [L. s.] L. "R., Clerk. 
 
 (Indorsed, "By the court." L. K., Clerk. 
 
 [ No. 128. ] 
 
 Interrogatories to examine witness on commission. 
 
 (Title of action.) 
 
 Interrogatories to be administered to A. B., of Springfield, 
 in the state of Massachusetts, a witness to be produced, sworn 
 and examined under, and by virtue of the annexed commis- 
 sion, before M. C, residing in said Springfield, the commis- 
 
PEACTICAL FORMS. 85 
 
 sioner therein named, in a certain action now pending, and at 
 issue in ttie Supreme Court of the state of New York, wherein 
 D. E. is plaintiff, and G. E. is defendant, on the part and be- 
 half of the said defendant (or plaintiff.) 
 
 First interrogatory . — What is your name, age, occupation 
 and place of residence ? 
 
 Second interrogatory. — Do you know the parties, plaintiff 
 and defendant in this action, or either, and which of them ; 
 and how long have you known them, or either, and which of 
 them? 
 
 Third intei-rogatory. — (If it relate to a paper to be proved.) 
 Look upon the paper, writing, (or deed) now produced and 
 shown to you, marked A. Was, or was not such paper, writ- 
 ing, (or deed) executed in your presence ? If yea, by whom, 
 when, and where? 
 
 (Proceed with other interrogatories according to the state 
 of the action.) 
 
 Lastly. — Do you know any other matter or thing touching 
 the matters for which this action is brought, (or defended,) 
 that may tend to the benefit or advantage of the said plaintiff 
 (or defendant) ? If yea, declare the same fnlly and at large, 
 as if you had been particularly interrogated thereto. 
 
 M. P., Plaintiff's 
 (or Defendant's) Att'y, 
 
 Cross-interrogatories to the above. 
 
 Interrogatories to be administered by way of cross-exami- 
 nation to A. B., of Springfield, &c., (as in the above form.) 
 
 First cross-interrogatory. — Do you, &c. (Proceeding with 
 each cross-interrogatory as in last form.) 
 
 G. I., Defendant's 
 (or Plaintiff's) Att'y. 
 
86 PRACTICAL FORMS. 
 
 [ No. 129. ] 
 Judgment for plaintiff for want of an answer or demurrer. 
 
 Supreme Court. 
 
 A. B.) 
 agt. V Judgment, Nov. 5, 1851. 
 
 C. D.) 
 The summons (with a copy of the complaint) in this action 
 having been personally served on C. D., the defendant, more 
 than twenty days previous to this date, and no copy of an 
 answer or demurrer to the complaint having been served on 
 the plaintiff's attorney, as required by the summons : Now 
 on motion of M. K., plaintiff's attorney, it is hereby adjudged 
 that A. B., the plaintiff, recover of C. D., the defendant, the 
 sum of one hundred dollars, with ten dollars costs, and dis- 
 bursements, amounting in the whole to one hundred and ten 
 dollars. 
 
 E. L., Clerk. 
 
 [ No. 130. ] 
 
 Judgraent for plaintiff for want of an answer or demurrer where 
 only a part of defendo^nts served. 
 
 (Title of action.) 
 
 Judgment, Nov. 6, 1851. 
 The summons (with a copy complaint) in this action hav- 
 ing been personally served on C. D., one of the defendants, 
 more than twenty days previous to this date, and no copy of 
 an answer or demurrer to the complaint having been served 
 on the plaintiff''s attorney, as required by the summons, and 
 it is here suggested that service of summons (and complaint) 
 has not been made upon the defendant, G. F. : Now on 
 motion of M. E., &c., (proceed as in the last form to the end.) 
 
PRACTICAl FORMS. 87 
 
 [ No. 131. ] 
 
 Judgment on application to the court. 
 
 At a special term (or circuit) of the Supreme Court for tlie 
 State of New York, held at the City Hall in the city of Al- 
 bany, on the fourth day of November, 1851, 
 
 Present, Hon. lEA HAERIS, Justice. 
 A. B.) 
 agt. \ 
 C. D. ) 
 The summons (with a copy of the complaint) having been 
 personally served on C. D., the defendant in this action, on 
 the first day of October, 1851, and on reading and filing the 
 affidavit of M. E., plaintiff's attorney, showing that defendant 
 has not appeared or demurred, and that no copy of an answer 
 or demurrer to the complaint in this action has been served 
 on the plaintiff's attorney as required by the summons : Now 
 on motion of M. E., plaintiff's attorney, it is hereby adjudged 
 that A. B., the plaintiff, recover of C. D., the defendant, the 
 simi of one thousand dollars, with fifteen dollars and fifty 
 cents costs and disbursements, amounting to one thousand 
 fifteen dollars and fifty cents. E. L,, Clerk. 
 
 [ No. 132. ] 
 Judgment for plaintiff on issue of fact. 
 
 (Title of action.) 
 
 Judgment, August 10, 1851. 
 This action having been tried on the issue of fact, and the 
 jury having found a verdict for the plaintiff for the sum of 
 one thousand dollars : Now on motion of M. E., plaintiff's 
 attorney, it is adjudged by the said court that the plaintiff 
 recover of the defendant the said sum of one thousand dollars, 
 together with seventy-five dollars and twenty -five cents costs 
 and disbursements, amounting to one thousand seventy -five 
 dollars and twenty-five cents. 
 
 E. L., Clerk. 
 
38 PRACTICAL FORMS. 
 
 [ No. 133. ] 
 
 Judgment for defendant. 
 
 (Title of action.) 
 
 Judgment, Sept. 3, 1851. 
 
 This action haviijg been tried, and the jury having found a 
 verdict in favor of the defendant : Now, on motion of R. M., 
 defendant's attorney, it is adjudged by the court that the said 
 defendant recover of the said plaintiff the sum of fifty dollars 
 for his costs and disbursements, which he has wrongfally sus- 
 tained in this action. 
 
 E. L., Clerk. 
 
 [ No. 134. ] 
 
 Judgment on report of referee. 
 
 (Title of action.) 
 
 Judgment, October 5, 1851. 
 This action having been referred to A. D., to hear and de- 
 termine the same, and his report having been filed, whereby 
 he finds to be due from the defendant to the plaintiff, the sum 
 of eighty dollars : Now, on motion of M. R., plaintiff's at- 
 torney, &c., (as is the usual form to the end.) 
 
 [ No. 135. ] 
 
 Judgment after nonsuit. 
 
 (Title of action.) . 
 
 Judgment, July 6, 1851. 
 This action being at issue on the facts, and having come on 
 to be tried, and the plaintiff voluntarily submitted to a non- 
 suit, (or having been nonsuited by the court :) Now, on 
 motion of R. M., defendant's attorney, it is hereby adjudged 
 
PRACTICAL POEMS. 
 
 by the said court, that the said defendant recover of the plain- 
 tiff the sum of forty -five dollars, for his costs and disburse- 
 ments in this action. 
 
 E. L., Clerk. 
 
 [ No. 136. ] 
 
 Jvdgment on dismissal of complaint. 
 
 (Title of action.) 
 
 Judgment, October 8, 1851. 
 This action having been called in its order on the calendar, 
 and the plaintiff not coming, but making default thereof, and 
 the complaint having been dismissed, together with the costs 
 to the defendant: Now, on motion of E. M., &c., (as in the 
 last form to the end.) 
 
 [ No. 137. ] 
 
 Judgment on inquest. 
 
 (Title of action.) 
 
 Judgment, September 9, 1851. 
 This action having been moved out of its order on the cal- 
 endar, and the defendant having been called, came not, but 
 made default, and a jury trial having been waived, and the 
 issue in said action having been tried by the court, and the 
 decision of the judge filed, whereby he finds for the plaintiff, 
 for two hundred dollars : Now, on motion of M. E., plain- 
 tiff's attorney, it is adjudged that the said plaintiff recover of 
 the defendant the sum of two hundred dollars, together with 
 forty -five dollars costs and disbursements, amounting to two 
 hundred and forty -five dollars. 
 
 E. L., Clerk. 
 
90 PRACTICAL FORMS. 
 
 [ No. 138. ] 
 
 Judgment of affirmance on appeal. 
 
 (Title of action.) 
 
 Judgment, December 10, 1851. 
 This action having been brought to a hearing upon an ap- 
 peal from a judgment entered in the county (court) of Sche- 
 nectady (county,) on the third day of June, 1851, in favor df 
 the above-named plaintiff, (or defendant,) against the above- 
 named defendant, (or plaintiff,) for ninety-five dollars (dam- 
 ages,) costs and disbursements, and the decision of the court 
 upon the said appeal having been filed, whereby the aforesaid 
 judgment is in all things * affirmed. Now, on motion of 
 M. E., plaintiff's (or defendant's) attorney, it is adjudged that 
 the said judgment be, and the same is hereby in all things 
 af6.rmed, and that the plaintiff (or defendant) recover of the 
 defendant (or plaintiff) the said sum of ninety-five dollars, 
 with sixty-five dollars costs, disbursements and interest, 
 amounting in the whole to one hundred and fifty dollars. 
 
 E. L., Clerk. 
 
 . [ No. 189. ] 
 
 Judgment on reversal. 
 
 (Same as above to the * then add) reversed. Now on 
 motion of E. M., defendant's (or plaintiff's) attorney, it is ad- 
 judged that the said judgment be, and the same hereby is in 
 all things reversed, and that the said defendant (or plaintiff) 
 recover of the plaintiff (or defendant) the sum of fifty dollars 
 for his costs and disbursements, upon said appeal. 
 
 E. L., Clerk. 
 
PRACTICAL FORMS. 91 
 
 [ No. 140. ] 
 
 Judgment {imterhcutory) for an account. 
 
 (Title of tlie action.) 
 
 Judgment, Dec. 1, 1851. 
 This action having been brought on to be heard, and the 
 court having duly considered the pleadings, proofs and argu- 
 ments : it is ordered and adjudged that it be referred to A. 
 B., of the city of Troy, as referee, to take a mutual account 
 of all dealings and transactions between the plaintiff and de- 
 fendant in this action, for the better clearing of which account, 
 the parties are directed to produce before the said referee, 
 upon oath, all deeds, books, papers and writings in their 
 custody or power relating thereto, and are to be examined as 
 the said referee shall direct, who, in taking the said account, 
 is to make unto the parties all just allowance ; and what upon 
 the balance of the said account shall appear to be due from 
 either party to the other, is to be paid as the said referee shall 
 direct. And this court doth reserve the consideration of the 
 costs of this action, and of all further directions, until after 
 the said referee shall have made his report; when either 
 party is to be at liberty to apply to the court, as occasion shall 
 
 require. 
 
 E. L., Clerk. 
 
 [ No. 141. ] 
 
 Judgment far specific performance. 
 
 (Title of action.) 
 
 Judgment, December 6, 1851. 
 This action having been brought;, to a hearing»(for further 
 directions on the report of P. E., the referee to whom the 
 same stood referred, and the said report, together with the 
 pleadings and proofs having been read) and the court having 
 duly considered the said (referee's report,) pleadings, proofs 
 and arguments, and it appearing to this court that the agree- 
 
92 PRACTICAL FORMS. 
 
 ments in the said complaint mentioned can be fully performed : 
 it is thereupon ordered, adjudged and determined, that the 
 said agreement so made and entered into between the plaintiff 
 and defendant, and duly proven in this action, be specifically 
 performed. And it is further ordered and adjudged that the 
 said plaintiff do (here set forth what is to be done by the 
 plaintiff.) And it is further ordered and adjudged that the 
 said defendant do (here set forth what is to be done by the 
 defendant.) And it is further ordered that the said plaintiff 
 recover of the defendant one hundred dollars damages, and 
 fifty- dollars costs and disbursements, amounting to one hun- 
 dred and fifty dollars. 
 
 E. L., Clerk. 
 
 [ No. 142. ] 
 Judgment — absent defendant — summons served hy publication. 
 
 At a special term of the Supreme Court, held for the state 
 of New York, at the City Hall, in the city of Albany, on the 
 26th day of July, 1857, 
 
 Present, Hon. IRA HARRIS, Justice. 
 
 agt. \ 
 
 C. W. and B. W. ) 
 
 The summons and ^ complaint in this action having been 
 filed in the office of this court in Albany county, and a copy 
 of said summons and complaint deposited in the post-office at 
 Albany, directed to said defendant, at his place of residence, 
 on the 20th day of May, 1857, he then being a non-resident 
 of and absent from this state, and the summons in this action 
 having been regularly published in two newspapers, once in 
 each week for six successiye weeks, as directed in the order 
 for publication, commencing on the 20th day of May, 1857, 
 and defendant having failed to answer or demur to said com- 
 plaint, and the plaintiff having now in open court made proof 
 of the demand mentioned in the complaint, and it appearing 
 by the examination of E. D., the plaintiff, on oath, that no 
 
PRACTICAL FORMS. 93 
 
 payments have been made to the plaintifip or to any one for 
 his use on account of said demand, (and it further appearing 
 that a warrant of attachment has been issued in this action :) 
 Now on motion of B. D., attorney for the plaintiff, it is hereby 
 ordered, and the court now here render judgment for said 
 plaintiff, E. D., against said C. W. and B. W., for the sum of 
 six hundred dollars, besides costs to be adjusted by the clerk. 
 
 lEA HAERIS. 
 Now on motion of B. D., plaintiff's attorney, it is hereby 
 adjudged that E. D., the plaintiff, recover of C. W. and B. W., 
 the defendants, the sum of six hundred dollars, together with 
 twenty -iive dollars costs, amounting in the whole to the sum 
 of six hundred and twenty-five dollars. 
 
 E. M., Clerk. 
 
 [ Ko. 143. ] 
 
 Decision of judge for sah in foreclosure at circuit. 
 
 At a circuit court, held for the state of !N"ew York, at the 
 City Hall, in the city of Albany, on the 10th day of March, 
 one thousand eight hundred and fifty-eight. 
 
 Present, Hon. GEOEGE GOULD, Justice. 
 
 A. B. 
 
 agt 
 C. D. and E. F. 
 
 This cause having been brought to a hearing, upon the 
 complaint filed therein, and upon due proof of the service of 
 the summons and complaint upon all the defendants therein, 
 and the answer of the defendant C. D., and the said cause hav- 
 ing been called in its order on the calendar, and a trial by jury 
 having been waived in open court, and the questions of fact 
 in said action having been tried by this court, it is hereby de- 
 cided that there is due to the plaintiff upon the bond and 
 mortgage mentioned and set forth in the said complaint, the 
 sum of eight hundred dollars, including interest to the tenth 
 day of March, 1858 ; for which amount, with costs to be taxed, 
 let judgment be entered for foreclosure and sale, containing 
 
94 PRACTICAL FOEMS. 
 
 the following provisions and directions, viz: that all and 
 singular the said mortgaged premises mentioned in the com- 
 plaint in this cause, and hereinafter described, or so miieh 
 thereof as-Tnay^-be-saffieie»tH»-TaTSg'iAie--anaeaBt--d u e to th e 
 plamtiffJ'er-the-principal^i-ater-est-aBd-eostsia-this-a&t ion , and 
 ■whiclu-may be sold separately withotit^ material4BJar y to the 
 parties interested^ be sold by public auction by or under the 
 direction of Ar-©:7referee, foiLiiiat..puipos&app©i»ted, (asithe 
 sheriff of the county of Albany ;) that the said sale be made 
 in the county where the said mortgaged premises, or the 
 greater part thereof, are situated; that the said sheriff (er 
 referjae.y give public notice of the time and place of such sale, 
 according to law and the course and practice of this court, 
 and that the plaintiff, or any of the parties in this cause, may 
 become the purchaser ; that the said sheriff (or^ referee) exe- 
 cute a deed to the purchaser or purchasers of the mortgaged 
 premises on the said sale ; and that the said sheriff, (oF-4^ree,) 
 out of the proceeds of said sale, retain his fees and disburse- 
 ments on said sale, and pay to the plaintiff, or his attorney, 
 out of said proceeds of ^aid sale, the amount of his costs and 
 disbursements to be taxed, and also'' the amotmt so diie as'"''' 
 aforesaid, together with legal interest thereon, or so much 
 thereof as the purchase money of the mortgaged premises 
 will pay of the same ; and that the referee--(©r sheriff) take 
 receipts for the amount so paid, and file the same with his re- 
 port; and that he retain in his hands (or deposit with-the 
 clerk) the surplus moneys arising from said sale, if any there 
 be, to abide the further order of this court ; that the defend- 
 ants, and all persons claiming or to claim from or under them, 
 and all persons having a lien subsequent to such mortgage, by 
 judgment or decree, upon the land described in said mortgage, 
 and his or their heirs and personal representatives, and all 
 persons having any lien or claim by or under such subsequent 
 judgment or decree, and their heirs and personal representa- 
 tives, and all persons claiming under them, be forever barred 
 and foreclosed of and from all equity of redemption, and claim, 
 of, in and to said mortgaged premises, and every part and 
 parcel thereof; and that the purchaser or purchasers of said 
 mortgaged premises, at such sale, be let into possession there- 
 
PRACTICAL POEMS. 95 
 
 of; and that any of the parties in this canse, who may be in 
 possession of said premises, or any part therepf, and any per- 
 son who, since the commencement of this suit, has come into 
 possession under them, or either of them, deliver possession 
 thereof to such purchaser or purchasers, on production of the 
 sheriff's (oiujxfe'Fee^)- deed for such premises, and a certified 
 copy of the order confirming the report of such sale, after 
 such order has become absolute ; and that if the moneys aris- 
 ing from said sale shall be insufSicient to pay the amount so 
 due to the plaintiff, with the interest and costs and expenses 
 of sale as aforesaid, that said sheriff (or-refeBee) specify the 
 amount of such deficiency in his report of said sale ; and that, 
 on the coming in and confirmation of said report, the defend- 
 ant C. D., who is personally liable for the payment of the 
 debt secured by the said mortgage, pay to the plaintiff the 
 amount of such deficiency, with interest thereon, from the date 
 of such last-mentioned report, and that thp plaintiff have ex- 
 ecution therefor. The description and particular boundaries 
 of the property authorized to be sold under and by virtue of 
 this decision, so far as the same can be ascertained from the 
 mortgage above referred to, or from the complaint in this 
 cause, are as follows, viz : (insert description of the premises.) 
 
 March 10, 1858. 
 
 GEORGE GOULD. 
 
 [ No. 144. ] 
 
 JudgTuentfor sale in foreclosure, taken at the circuit. 
 
 Judgment, March 15, 1858. 
 (Title of action.) 
 
 This cause having been brought to a hearing, upon the 
 complaint filed therein, and upon due proof of the service of 
 the summons and complaint upon all the defendants therein, 
 and upon the answer of the defendant 0. D. ; and a trial hav- 
 ing been had, and the decision of the court having been filed ; 
 by which it appears that there is due upon the bond and 
 mortgage mentioned, and set forth in the said complaint, the 
 
96 PEACTIOAL FOBMS. 
 
 sum of eight hundred dollars, including interest to the tenth 
 day of March, 1858 ; and now on motion of Mr. B. C. B., 
 of counsel for the plaintiff, it is ordered and adjudged, and 
 this court by virtue of the authority therein vested, doth or- 
 der and adjudge that all and singular the said mortgaged 
 premises mentioned in the complaint in this cause, and here- 
 inafter described, or so much thereof as may be sufficient to 
 raise the amount due to the plaintiff for the principal, interest 
 and costs in this action, and which may be sold separately 
 without material injury to the parties interested, be sold at 
 public auction by or under the direction of A. D., referee for 
 that purpose appointed, (or the sheriff of the county of 
 Albany ;) that the said sale be made in the county where the 
 said mortgaged premises, or the greater part thereof, are situ- 
 ated ; that the said sheriff (or referee) give public notice of 
 the time and place of such sale, according to law and the 
 course and practice of this court, and that the plaintiff or any 
 of the parties in this cause, may become the purchaser ; that 
 the said sheriff (or referee) execute a deed to the purchaser or 
 purchasers of the mortgaged premises on the said sale ; and 
 that the said sheriff, (or referee,) out of the proceeds of said 
 sale, retain his fees and disbursements on said sale, and pay 
 to the plaintiff or his attorney out of said proceeds of said 
 sale the sum of one hundred dollars, adjudged to the plaintiff 
 for his costs and charges in this suit, and also the amount so 
 due as aforesaid, together with legal interest thereon, or so 
 much thereof as the purchase money of the mortgaged prem- 
 ises will pay of the same ; and that the referee (or sheriff) 
 take receipts for the amount so paid, and file the same with 
 his report ; and that he retain in his hands (or deposit with the 
 clerk) the surplus money arising from said sale, if any there be, 
 to abide the further order of this court. And it is further 
 ordered and adjudged that the defendant, and all persons 
 claiming or to claim from or under them, and all persons 
 having a lien subsequent to such mortgage, by judgment or 
 decree, upon the land described in said mortgage, and his or 
 their heirs and personal representatives, and all persons hav- 
 ing any lien or claim, by or under such subsequent judgment 
 or decree, and their heirs and personal representatives, and 
 
PRACTICAL FORMS. 97 
 
 all persons claiming under tliem, be for ever barred and fore- 
 closed, of and from all equity of redemption, and claim of, in 
 and to said mortgaged premises, and every part and parcel 
 thereof. And it is further ordered, that the purchaser or pur- 
 chasers of said mortgaged premises at such sale, be let into 
 possession thereof; and that any of the parties in this cause, 
 who may be in possession of said premises, or any part there- 
 of, and any person who since the commencement of this suit, 
 has come into possession under them or either of them, deliver 
 possession thereof to such purchaser or purchasers, on pro- 
 duction of the sheriff 's (or referee's) deed for such premises, 
 and a certified copy of the order confirming the report of such 
 sale, after such order has become absolute. And it is further 
 ordered and adjudged, that if the moneys arising from said 
 sale shall be insufficient to pay the amount so due to the 
 plaintiff, with the interest and costs and expenses of sale as 
 aforesaid, that said sheriff (or referee) specify the amount of 
 such deficiency in his report of said sale ; and that, on the 
 coming in and confirmation of said report, the defendant C. 
 D., who is personally liable for the payment of the debt se- 
 cured by the said mortgage, pay to the plaintiff the amount 
 of such deficiency, with interest thereon from the date of 
 such last-mentioned report, and that the plaintiff have execu- 
 tion therefor. The description and particular boundaries of 
 the property authorized to be sold, under and by virtue of 
 this judgment, so far as the same can be ascertained from the 
 " mortgage above referred to, or from the complaint in this 
 cause, are as follows, viz : (insert description of the premises.) 
 
 H. H., Clerk. 
 
 [ No. 145. ] 
 
 Decision of judge on sale in foreclosure on default. 
 
 At a special term of the Supreme Court, held for the State 
 of New York, at the City Hall, in the city of Albany, on the 
 twelfth day of March, one thousand eight hundred and fifty- 
 eight, 
 
 Present, Hon. IRA HAERIS, Justice. 
 7 
 
98 PEACTIOAi FORMS. 
 
 (Title of the action.) 
 
 This cause having been brought to a hearing, upon the 
 complaint filed therein, and upon due proof of the service of 
 the summons and complaint upon all the defendants therein, 
 and the plaintiff having produced to the court satisfactory 
 proof that there is due upon the bond and mortgage men- 
 tioned and set forth in the said complaint, the sum of six 
 hundred dollars, including interest to the twelfth day of 
 March, 1858 ; and on reading and filing the affidavit of H. S., 
 the plaintiff's attorney, made in pursuance of the requisitions 
 of the -iGth rule of this court, and showing the facts therein 
 required to be shown by affidavit, or by the certificate of the 
 clerk of the county where said mortgaged premises are situ- 
 ated, or otherwise ; and on motion of Mr. H. S., of counsel 
 for the plaintiff, it is decided and adjudged, and this court, by 
 virtue of the authority therein vested, doth decide and 
 adjudge, that for the amount above specified, with costs, to 
 be taxed, let judgment be entered for foreclosure and sale, 
 containing the following provisions and directions, viz : that 
 all and singular the said mortgaged premises mentioned in 
 the complaint in this cause, and hereinafter described, or so 
 much thereof as may be sufficient to raise the amount due to 
 the plaintiff for the principal, interest and costs in this action, 
 and which may be sold separately, without material injury to 
 the parties interested, be sold at public auction, by or under 
 the direction of A. D., referee, duly appointed for that pur- 
 pose, (or the sheriff of Albany count}^ ;) that the said sale'be 
 made in the county where the said mortgaged premises, or the 
 greater part thereof, are situated; that the said sheriff (or 
 referee) give public notice of the time and place of such sale, 
 according to law and the course and practice of this court, and 
 that the plaintiff or any of the parties in this cause, may 
 become the purchaser ; that the said sheriff (or referee) exe- 
 cute a deed to the purchaser or purchasers of the mortgaged 
 premises on the said sale ; and that the said sheriff (or referee) 
 out of the proceeds of said sale, retain his fees and disburse- 
 ments on said sale, and pay to the plaintiff or his attorney, 
 out of said proceeds of said sale, the amount of his costs and 
 disbursements, to be taxed, and also the amount so due as 
 
PRACTICAL FORMS. 99 
 
 aforesaid, together with legal interest thereon, or so mucli 
 thereof as the purchase money of the mortgaged premises will 
 pay of the same ; and that the sheriff (or referee) take receipts 
 for the amount so paid, and iile tlie same with his report ; and 
 that he retain in his hands the surplus moneys arising from 
 said sale, if any there be, to abide the farther order of this 
 court. And it is further decided and adjudged that the 
 defendant and all persons claiming or to claim from or under 
 them, and all persons having a lieu subsequent to such mort- 
 gage, by judgment or decree, upon the land described in said 
 mortgage, and his or their heirs and personal representatiyes, 
 and all persons having any lien or claim by or under such 
 subsequent judgment or decree, and their heirs and personal 
 representatives, and all persons claiming under them, be for- 
 ever barred and foreclosed, of and from all equity of redemp- 
 tion, and claim, of, in and to said mortgaged premises and 
 ev6ry part and parcel thereof. And it is further decided that 
 the purchaser or purchasers of said mortgaged premises at 
 such sale, be let into possession thereof; and that any of the 
 parties in this cause, who may be in possession of said prem- 
 ises or any part thereof, and any person, who since the com- 
 mencement of this suit, has come into possession under them 
 or either of them, deliver possession thereof to such purchaser 
 or purchasers, on production of the sheriff's (or referee's) deed 
 for such premises, and a certified copy of the order confirm- 
 ing the report of such sale, after such order has become abso- 
 lute. And it is further decided and adjudged that if the 
 moneys arising from said sale shall be insufficient to pay the 
 am )unt so due to the plaintiff, with the interest and costs and 
 expenses of sale as aforesaid, that said sheriff (or referee) 
 specify the amount of such deficiency in his report of said 
 sale ; and that, on the coming in and confirmation of said 
 report, the defendant, C. D., who is personally liable for the 
 payment of the debt secured by the said mortgage, pay to the 
 plaintiff the amount of such deficiency, with interest thereon 
 from the date of such last-mentioned report, and that the 
 plaintiff have execution therefor. The description and par- 
 ticular boundaries of the property authorized to be sold under 
 and by virtue of this decision, so far as the same cau be ascer- 
 
100 PRACTICAL POEMS. 
 
 tained from the mortgage above referred to, or from the com- 
 plaint in this cause, are as follows, viz : (insert description of 
 the premises.) 
 
 lEA HARRIS. 
 Marcli 12, 1858. 
 
 [ No. 146. ] 
 Judgment for sale in foreclosure, on default. 
 
 (Title of action.) \ 
 
 Judgment Marcli 12, 1858. 
 This cause having been brougbt to a hearing, upon the 
 complaint filed therein, and upon due proof of the service of 
 the summons and complaint upon all the defendants therein, 
 and no answer, or demurrer, or notice of appearance of any 
 of the defendants having been served upon the plaintiff's at- 
 torney, and the plaintiff having produced to the court satis- 
 factory proof that there is due upon the bond and mortgage 
 mentioned and set forth in the said complaint, the sum of six 
 hundred dollars, including interest to the twelfth day of 
 March, 1858, and on reading and filing the afiidavit of H. S., 
 the plaintiff's attorney, made in pursuance of the requisitions 
 of the 4:6th rule of this court, and showing the facts therein 
 required to be shown by affidavit, or by the certificate of the 
 clerk of the county where such mortgaged premises are situ- 
 ated, or otherwise ; and on motion of Mr. H. S., of counsel 
 for the plaintiff, it is ordered and adjudged, and this court, by 
 virtue of the authority therein vested, doth order and adjudge, 
 that all and singular the said mortgaged premises mentioned 
 in the complaint in this cause, and hereinafter described, or 
 so much thereof as may be sufficient to raise the amount due 
 to the plaintiff for the principal, interest and costs in this 
 action, and which may be sold separately without material 
 injury to the parties interested, be sold at public auction, by 
 or under the direction of A. B., a referee duly appointed for 
 that purpose, (or by the sheriff of Albany county ;) that the 
 said sale be made in the county where the said mortgaged 
 
PRACTICAL FORMS. l(Jl 
 
 premises, or the greater part thereof, are situated ; that the sai^f^ 
 sheriff (or referee) give public notice of the time and place" 
 of such sale, according to law and the course and practice of 
 this court, and that the plaintiff or any of the parties in this 
 cause, may become the purchaser ; that the said sheriff (or 
 referee) execute a deed to the purchaser or purchasers of the 
 mortgaged premises on the said sale ; and that the said sheriff 
 (or referee) out of the proceeds of said sale, retain his fees 
 and disbursements on said sale, and pay to the plaintiff or 
 his attorney, out of said proceeds of said sale, the sum of one 
 hundred and ten dollars, adjudged to the plaintiff for his 
 costs and charges in this suit, and also the amount so due as 
 aforesaid, together with legal ■ interest thereon, or so much 
 thereof as the purchase money of the mortgaged premises will 
 pay of the same; and that the referee (or sheriff) take re- 
 ceipts for the amount so paid, and file the same with his re- 
 port; and that he retain in his hands the surplus moneys 
 arising from said sale, if any there be, to abide the further 
 order of this court. And it is further ordered and adjudged 
 that the defendants and all persons claiming or to claim from 
 or under them, and all persons having a lien subsequent to 
 such mortgage, by judgment or decree, upon the land de- 
 scribed in said mortgage, and his or their heirs and personal 
 representatives, and all persons having any lien or claim by 
 or under such subsequent judgment or decree, and their heirs 
 and personal representatives, and all persons claiming under 
 them, be forever barred and foreclosed, of and from all equity 
 of redemption, and claim of, in and to said mortgaged premi- 
 ses and every part and parcel thereof. And it is further 
 ordered, that the purchaser or purchasers of said mortgaged 
 premises at such sale, be let into possession thereof ; and that 
 any of the parties in this cause, who maj^ be in possession of 
 said premises or any part thereof, and any person who sine 
 the commencement of this suit, has come into possession 
 under them or either of them, deliver possession thereof to 
 such purchaser or purchasers, en production of the sheriff's 
 (or referee's) deed for such premises, and a certified copy of 
 the order confirming the report of such sale, after such order 
 has become absolute. And it is further ordered and adjudged 
 
102 PEACTICAL FORMS. 
 
 that if tlie moneys arising from said sale shall be insufficient 
 to pay the amount so clue to the plaintiff, with the interest 
 and costs and expenses of sale as aforesaid, that said sheriff 
 (or referee) specify the amount of such deficiency in his report 
 of said sale ; and that, on the coming in and confirmation of 
 said report, the defendant, C. D., who is personally liable for 
 the payment of the debt secured by the said mortgage, pay 
 to the plaintiff the amount of such deficiency, with interest 
 thereon, from the date of such last-mentioned report, and that 
 the plaintiff have execution therefor. The description and 
 particular boundaries of the property authorized to be sold 
 under and by virtue of this judgment, so far as the same can 
 be ascertained from the mortgage above referred to, or from 
 the complaint in this cause, are as follows : (insert description 
 of the premises.) 
 
 H. ]Sr., Clerk. 
 
 [ No. 147. ] 
 Jitdgment for sale in foreclosure, on default— {another form.) 
 
 (Title of action.) 
 
 Judgment, March 16, 1858. 
 This cause having been brought to a hearing, upon the 
 complaint filed therein, and upon due proof of the service of 
 the summons and complaint upon defendant, C. D., and of 
 summons and notice upon all the other defendants therein, 
 and none of the defendants having answered, demurred or 
 appeared herein ; and the plaintiff having produced to the 
 court satisfactory proof that there is due upon the bond and 
 mortgage mentioned and set forth in the said complaint, the 
 sum of six hundred dollars, including interest to the sixteenth 
 day of March, 1858 ; and the costs herein having been adjusted 
 at one hundred dollars, amounting in all to the sum of seven 
 hundred dollars, and on reading and filing the affidavit of 
 R. D., the plaintiff's attorney, made in pursuance of the re- 
 quisitions of the 49th rule of this court, and showing the 
 facts therein required to be shown by affidavit, or by the cer- 
 
PRACTICAL FORMS. 103 
 
 tifieate of the clerk of the county where said mortgaged prem- 
 ises are situated, or otherwise ; and on motion of Mr. R. D., 
 of counsel for the plaintiff, it is ordered and adjudged, and 
 this court by virtue of the authority therein vested, doth 
 order and adjudge, that judgment be entered against C. D. for 
 that amount, and no personal claim against any other defend- 
 ants ; that all and singular the said mortgaged premises men- 
 tioned in the complaint in this cause and hereinafter described, 
 or so much thereof as may be sufficient to raise the amount 
 due to the plaintiff for the principal, interest and costs in this 
 action, and which may be sold separately without material 
 injury to the parties interested, be sold at public auction by 
 or under the direction of, &c., (as in the last form to the close.) 
 
 [ No. 148. ] 
 
 List of papers which comjpose the judgment roll — absent infant 
 
 defendants. 
 
 1. Summons and notice of object of suit, together with 
 proof of service. 
 
 2. Summons and complaint, with proof of service of the 
 same. 
 
 3. Summons and order for publication. 
 
 4. Affidavit of mailing summons and complaint to absent 
 defendants. 
 
 5. Affidavits of publication of summons. 
 
 6. Attorney's affidavit that infants have not appeared, and 
 notice of motion for guardian and proof of service. 
 
 7. Attorney's affidavit that absent infants have not appeared, 
 and consent of S. B. to act as guardian. 
 
 8. Order appointing guardians for all infants. 
 
 9. Guardians' answer. 
 
 10. Order of reference to compute the amount due. 
 
 11. Report of referee. 
 
 12. Proof of filing lis pendens and attorney's affidavit of 
 regularity. 
 
 13. Judgment. 
 
104 PRACTICAL FORMS. 
 
 [ No. 149. ] 
 Judgment of sale in foreclosure — {anoilier form.) 
 
 (Title of action.) 
 
 Judgment, Dec. 20, 1851. 
 
 This action having been this day brought on to be heard 
 upon the complaint filed herein, (on the general answer of the 
 infant defendants,) and upon the report of A. W., Esq., a 
 referee duly appointed by this court, which report bears date 
 the 16th day of November, 1851, and was made in pursuance 
 of an order of this court heretofore made in this action, refer- 
 ring it to the said A. W. to compute the amount due the 
 plaintiff on the bond and mortgage mentioned, and set forth 
 in said complaint, and take proof of the facts therein stated, 
 and examine and report as to any payments which may have 
 been made : 
 
 On reading and filing the report of the referee named in 
 the order of reference, by which report it appears among other 
 things that four hundred dollars was due thereon at the date 
 of said report : And on motion of M. A., plaintiff's ^attorney, 
 it is adjudged that the mortgaged premises described in the 
 complaint in this action as hereinafter set forth, or so much 
 thereof as may be necessary, and as may be sold separately 
 without prejudice to the interest of the owner thereof, be sold 
 at public auction, in the coimty of Albany, by the sheriff of 
 said county ; that the said sheriff give public notice of the 
 time and place according to the law and the practice of this 
 court ; that either or any of the parties to this action may pur- 
 chase at such sale ; that the said sheriff execute to the pur- 
 chaser or purchasers a deed or deeds of the premises sold ; 
 that out of the moneys arising from such sale, after deducting 
 the amount of his fees and expenses on such sale, and any 
 lien or liens upon said premises so sold at the time of such 
 sale for taxes or assessments, the said sheriff pay to the plain- 
 tiff, or his attorney, the sum of eighty dollars adjudged to the 
 plaintiff for costs and charges in this action, with interest from 
 the date hereof, and also the amount so reported due as afore- 
 said, together with the legal interest thereon from the date of 
 
PEACTICAL FOEMS. 105 
 
 the said report, or so much thereof as the purchase mouey of 
 the mortgaged premises will pay of the same, and take a re- 
 ceipt therefor and file it with his report of sale, and that he 
 bring the surplus moneys arising from said sale, if any there 
 be, into court without delay, to abide the further order of this 
 court ; that he make a report of such sale, and file it with the 
 clerk of this court with all convenient speed ; that if the pro- 
 ceeds of such sale be insufficient to pay the amou.nt so re- 
 ported due the plaintiff, with the interest and costs so as afore- 
 said, the said sheriff specify the amount of such insufficiency 
 in his report of sale, and that the defendant, J. V., pay the 
 same to the plaintifp, and that the purchaser or purchasers be 
 let into possession on production of the sheriff's deed, and a 
 certified copy of the order confirming the report of sale. 
 
 And it is further adjudged that the defendants, and all per- 
 sons claiming under them, or any or either of them, after the 
 fihng of such notice of pendency of this action, be forever 
 barred and foreclosed of all right, title, interest and equity of 
 redemption in the said mortgaged premises so sold, or any 
 part thereof 
 
 The following is a description of the mortgaged premises :- 
 All that certain lot (here insert description of the premises.) 
 
 E. L., Clerk. 
 
 [ No. 150. ] 
 
 Judgiment for sale, in foreclosure,, part not due, and premises can 
 be sold in parcels. 
 
 (Title of action.) 
 
 Judgment, Dec. 2, 1851. 
 This action having this day been brought on to be heard 
 upon the complaint filed herein, (on the general answer of the 
 infant defendants,) and upon the report of A. "W., Esq., a ref- 
 eree duly appointed by this court, which report bears date the 
 30th day of November, 1851, and was made in pursuance of 
 an order of this court heretofore made in this action, referring 
 it to the said A. W., to compute the amount actually due to 
 the plaintiff on the bond and mortgage mentioned in the com- 
 
106 PEACTICAL FORMS. 
 
 plaint ; also, the amount secured by and unpaid upon said 
 bond and mortgage, with interest thereon to the date of such 
 report ; and also to ascertain the situation of said mortgaged 
 premises, and whether the same can be sold in parcels with- 
 out injury to the interests of the parties ; and if such referee 
 would be of the opinion that the premises cannot be sold in 
 parcels without injury to the interests of the parties, then that 
 he report his reasons for such opinion : 
 
 On reading and filing said report, from which it appears 
 that there was actually due to the said plaintiff, at the date of 
 said report, for said principal and interest, the sum of five 
 hundred dollars, and the amount secured by and unj)aid upon 
 said bond and mortgage, with interest thereon, to the date of 
 said report, is the sum of one thousand dollars ; and that said 
 premises can be sold in parcels without injury to the interests 
 of the parties : And on motion of M. E., plaintiff's attorney, 
 it is ordered and adjudged that so much of the said mortgaged 
 premises, mentioned in the complaint in this action, and here- 
 inafter described, as may be sufficient to raise the amount so 
 reported as actually due to the plaintiff for the principal and 
 interest and the costs in this action, and which may be sold 
 separately, without material injury to the parties interested, 
 be sold at public auction in the county of Albany, by the 
 sheriff of said county ; that the said sheriff give public notice 
 of the time and place of such sale, according to the law and 
 practice of this court, and that the plaintiff or any of the par- 
 ties in this action may become the purchaser or purchasers at 
 such sale ; that said sheriff execute, to the purchaser or pur- 
 chasers, a deed or deeds of the premises sold ; that out of the 
 money arising from such sale, after deducting the amount of 
 his fees and expenses on such sale, and any lien or liens upon 
 said premises so sold at the time of such sale, for taxes or as- 
 sessments, the said sheriff pay to the said plaintiff, or his 
 attorney, the sum of eighty dollars, adjudged to the plaintiff 
 for costs and charges in this action, with interest from the 
 date hereof, and also the amount so reported as actually due 
 as aforesaid, together with legal interest thereon from the 
 date of said report, or so much thereof as the purchase money 
 of the mortgaged premises will pay of the same ; and that 
 
PRACTICAL FORMS. 107 
 
 the sheriff take receipts for the amounts so paid, and file the 
 same with his report ; and that he bring the surplus moneys 
 arising from said sale, if any there be, into court without de- 
 lay, to abide the further order of, this court. And it is fur- 
 ther ordered and adjudged, that the defendants, and all per- 
 sons claiming or to claim from or under them, or any or either 
 of them, after the filing of such notice of pendency of this 
 action, be forever barred and foreclosed of all right, title, in- 
 terest and equity of redemption to as much of said mortgaged 
 premises as shall be sold, and every part and parcel thereof. 
 And it is further adjudged, that the purchaser or purchasers 
 of said mortgaged premises at such" sale, be let into possession 
 of such parts thereof as shall be purchased by them respect- 
 ively, and that any of the parties in this action who may be 
 in possession of said premises, or any part thereof, which may 
 be sold, and any person who since the commencement of this 
 action, has come into possession of them, or either of them, 
 deliver possession thereof to such purchaser or purchasers, on 
 production of the sheriff's deed for such premises, and a cer- 
 tified copy of the order confirming the report of such sale. 
 And it is further adjudged, that if the moneys arising from 
 said sale of the whole of said premises, shall be insufficient to 
 pay the amount so reported as actually due to the plaintiff, 
 with the interest and costs, and expenses of sale as aforesaid, 
 the said sheriff specify the amount of such deficiency in his 
 report of sale, and that the defendant, C. D., pay the same to 
 the plaintiff with interest thereon, and that the plaintiff have 
 execution therefor. And it is further adjudged, that said 
 plaintiff be at liberty at any time hereafter, as any installment 
 of principal or interest shall become due on said bond and 
 mortgage, to apply to this court on the foot of this judgment, 
 and obtain a report of the amount which shall then be due, to 
 the end, that on the coming in and confirmation of such re- 
 port, a judgment may be made for a sale of the residue of said 
 premises not sold under this judgment, to satisfy the amount 
 which shall then be due, with interest and the costs of such 
 report and sale. And in case said premises shall all be sold 
 under this judgment to satisfy the amount now actually due, 
 with interest and costs, it is then further ordered, that the said 
 
108 PBACTICAL FORMS. 
 
 plaintiff be at liberty at any time thereafter wben any future 
 installment of principal or interest shall fall due upon said 
 bond and mortgage, to apply to this court for an execution 
 against said defendant, C. D., who is personally liable for the 
 payment of the debt secured by the said mortgage, for the 
 amount which shall then be due, with interest and the costs 
 of such application. 
 
 The following is a description of the premises authorized to 
 be sold under and by virtue of this judgment, viz : All that 
 certain, &c., (insert description of the premises.) 
 
 E. L., Clerk. 
 
 r No. 151. ] 
 Judgment of sale in partition. 
 
 (Title of the action.) 
 
 Judgment, September 8, 1851. 
 
 This action having been brought on to be tried on the 
 complaint therein, the answer of T. B. S., one of the defend- 
 ants, the general answer of the infant defendants thereto, the 
 other defendants not having appeared or answered said com- 
 plaint, and upon the report of C. P., referee, duly appointed 
 in this action, which report bears date the 25th day of Au- 
 gust, 1851, and after hearing counsel on the part of the plain- 
 tiff, and of the defendants who have appeared herein, and due 
 deliberation being thereupon had, this court doth order and 
 adjudge that the said report be, and the same is hereby ap- 
 proved, certified and confirmed. 
 
 And it is further ordered and adjudged that the parties to 
 this action, except the defendant A. M. S., widow of S. S. 
 deceased, are seized of, and entitled to the lands, tenements 
 and hereditaments mentioned in the complaint in this action, 
 and hereinafter described, with the appurtenances, as tenants 
 in common thereof in fee simple, and that the respective rights 
 and interests of the said parties, plaintiffs and defendants 
 therein, are such as are ascertained and stated by the said 
 referee in his report aforesaid ; that is to say : 
 
PRACTICAL FORMS. 109 
 
 The plaintiffs, W. H. B. and A., his wife, are in right of the 
 said A., seized in fee simple, and well entitled to the one- 
 sixth part of the said lands and tenements. The defendant 
 T. B. S. is seized io fee simple, and well entitled to the one 
 sixth part of the said lands and tenements, subject, however, 
 to a mortgage thereon given to, and now held by S. Gr., bear- 
 ing date August 7, 1847, and on which there is unpaid the 
 sum of seven hundred dollars, with interest from the first day 
 of March, 1849. 
 
 The defendant E. L. and S., his wife, are in right of the 
 said S., seized in fee simple, and Avell entitled to the one sixth 
 part of the said lands and tenements. 
 
 The defendant J. S. is seized in fee simple, and well en- 
 titled to the one sixth part of the said lands and tenements, 
 subject, however, to a mortgage executed by the said J. S. 
 and A., his wife, to Gr. B. J., of the city of Albany, bearing 
 date the third day of August, 1849, and given to secure the 
 payment of the sum of one hundred and twenty-five dollars, 
 with interest, on demand, the whole of which is still due and- 
 unpaid. 
 
 The defendant W. K. and S., his wife, in right of the said 
 S., a child of W. S., jr., deceased, are seized in fee simple, and 
 well entitled to the one twelfth part of the said lands and ten- 
 ements, subject to the dower right of the defendant A. M. S., 
 mother of the said S. and widow of W. S., jr., deceased. 
 
 The defendant S. S., the only other child of the said W. 
 S., jr., deceased, is seized in fee simple, and well entitled to 
 the one twelfth part of the said lands and tenements, subject 
 to the right of dower of the said defendant, A. M. S., the 
 mother of said S., and widow of the said W. S., jr., deceased. 
 
 That the said defendant, A. M. S., widow of the said W. 
 S., jr., deceased, is entitled to her right of dower in the one 
 sixth part of the said lands and tenements, of which the said 
 W. K. and S., his wife, and the said S. T. are so seized as 
 aforesaid. 
 
 The defendants R. Gr. S. and S. N. S., the only children 
 of S. H. S., deceased, are each seized in fee simple, and well 
 entitled to one twelfth part of said lands and tenements, 
 subject to the right of dower of their mother, S. S., widow of 
 
110 PEAOTICAIi FORMS. 
 
 the said S. K S., deceased, and who has a right of dower in 
 each of said twelfth parts. 
 
 And it is further ordered and adjudged, that all and singu- 
 lar the premises mentioned in the complaint in this action, 
 and described as follows : (insert description of premises,) 
 be sold for cash at public auction, in the county of Albany, 
 by and under the direction of C. P., of said county, the ref- 
 eree above named ; that the said several lots be sold sepa- 
 rately, or in such portions as to the said referee may seem 
 most for the interest of the parties interested therein : that 
 the said referee give six weeks' previous notice of the time and 
 place of such sale, in one of the public newspapers printed 
 in said county where the said premises are situated, and in 
 such other manner as is required by law, and the rules and 
 practice of this court ; and that the plaintiffs, or any of the 
 parties to this action, may become the purchaser or purcha- 
 sers thereof. That the said referee, forthwith after said 
 sale, make report thereof to this court. And after his re- 
 port of sale shall have been duly confirmed, and the judg- 
 ment of this court entered, that then he execute a deed or 
 deeds of the said premises, to the purchaser or purchasers 
 at the said sale, on their complying with the conditions upon 
 which the deeds are to be delivered ; and that such sale and 
 conveyance be valid and effectual forever. And it is farther 
 ordered and adjudged, that the costs of the parties to this 
 action be first apportioned between the said several parcels 
 of land and premises ratably, and paid out of the proceeds 
 of the sale thereof, in proportion to the sums for T\-hich they 
 respectively sell : the same to be paid to the respective attor- 
 neys of the parties. 
 
 And that the said referee in like manner, retain out of the 
 proceeds of the sale, the fees, commissions and disbursements 
 to which he is entitled on 'such sale. That the said referee 
 do pay and discharge out of the proceeds, all taxes, charges 
 and assessments which may be a lien upon the said premises, 
 or any part thereof ; and if the same are upon a part onlj-, 
 then, that such referee pay the same out of the proceeds of 
 such part, and specify the same in his final report. That the 
 said referee pay to S. G., the sum of seven hundred dollars. 
 
PEACTIOAL FORMS. HI 
 
 ■witli interest tliereon, from the first day of March, 1849, out 
 of the share or proportion of the proceeds arising from said 
 sale of the defendant T. B. S., that being the amount of the 
 specific lien or mortgage upon Ms sixth part of the lands and 
 premises aforesaid. That the said referee also pay to G. B. 
 J., the sum of one hundred and twenty-five dollars, with in- 
 terest from the third day of August, 1849, out of the share 
 or interest of J. S., in the proceeds arising from the sale of 
 the premises aforesaid, that being the amount of the specific 
 lien or mortgage on his one sixth part of the said premises. 
 
 And it is further ordered and adjudged, that the said ref- 
 eree ascertain and report whether the defendants A. M. S., 
 widow of W. S., jr., deceased, and S. S., widow of S. H. S., 
 deceased, are willing to accept in lieu and instead of their 
 dower interest in the premises aforesaid, a sum in gross in 
 satisfaction thereof, out of the net proceeds of the respective 
 one sixth part of the said premises, whereof their respective 
 husbands died seized, according to their rights as ascertained 
 in the report of the said referee, and what would be a reason- 
 able satisfaction for their respective interests on the princi- 
 ples applicable to life annuities ; and if the said A. M. S. and 
 S. S. consent, or if either of them consent to accept such 
 gross sum, that such referee pay the same to them, or such 
 one of them as shall give such consent, upon their executing, 
 acknowledging and delivering to the said referee, a release to 
 be approved of by said referee, of all their respective right, 
 title and interest in the premises, and every part thereof. But 
 if they, or either of them, refuse to accept a gross sum in lieu 
 of their or her dower interest, ^hen it is further ordered and 
 adjudged that the said referee, after paying the costs and dis- 
 bursements, taxes, charges and assessments, do for the one so 
 refusing, bring one-third of the one sixth part of the net pro- 
 ceeds of the said sale into this court, to be invested for the 
 benefit of the one so refusing ; the interest or dividends there- 
 on, or to accrue thereon, to be paid over to the one so refus- 
 ing, during her natural life. 
 
 And it is further ordered and adjudged, that the said referee 
 pay to the plaintiff one equal sixth part of the net proceeds 
 of the sale of the said premises ; one other equal sixth part 
 
112 PRACTICAL FORMS. 
 
 thereof to the defendant T. B. S., after deducting therefrom 
 the amount of his mortgage to S. G., and the interest thereon ; 
 one other sixth part to the defendant J. S., after deducting 
 therefrom the amount of his mortgage to Gr. B. J., and the in- 
 terest thereon ; one other sixth part thereof to the defendant 
 E. L. in right of hia wife S. 
 
 That the said referee pay to W. K., in right of his wife S., 
 and to S. S., each the one twelfth part of said net proceeds, 
 after first deducting therefrom the gross sum which shall be 
 paid to A. M. S., in lieu of her dower interest, if she shall 
 consent to receive the same ; and if she refuses to give such 
 consent, then to pay the same, after deducting therefrom the 
 amount which shall be brought into court as heretofore di- 
 rected. 
 
 That the said referee bring into court the remaining one 
 sixth part of said net proceeds, being for the shares of the 
 infant defendants, R. G. S. and S. IST. S., children of S. H. S., 
 deceased, first, however, deducting therefrom the gTOSs sum 
 that may be paid to their mother, S. S., widow of the said S. 
 H. S., deceased, in lieu of her dower interest on the amount, 
 which shall be brought into court in lieu of said dower inter- 
 est, as hereinbefore directed, in case of her refusal to accept 
 such gross sum ; and that the referee take receipts for all 
 such payments, and file them with his report to be made of 
 his proceedings, subsequent to the confirmation of his report 
 of sale. 
 
 And it is further ordered and adjudged, that such title 
 deeds and writings as may be in the possession or under the 
 control of any, or of either of the parties, and as appear to 
 relate to the premises aforesaid, or any part thereof, be depos- 
 ited with the clerk of this court, in the county of Albany, for 
 safe custody, there to remain for the benefit of all parties in- 
 terested therein. 
 
 And it is further ordered and adjudged, that the purchaser 
 or purchasers of any or either of said lots of land, at such sale, 
 be put into possession thereof; and that any of the parties in 
 this action who may be in possession of said premises, or any 
 part thereof, and any person who, since the commencement 
 of this action, has come into possession of them, or either 
 
PRACTICAL FORMS. 113 
 
 of them, deliver possession thereof to .such purchaser or pur- 
 chasers, on production of the referee's deed for such premises. 
 And it is further ordered and adjudged, that the said referee 
 make a report of his proceedings under this order, subsequent 
 to the confirmation of his report of sale, to be made as above 
 directed. 
 
 R. L., Clerk. 
 
 [ No. 152. ] 
 
 Judgment for actual partition. 
 
 (Title of action.) 
 
 Judgment, June 2, 1852. 
 This action having been brought on to be heard upon the 
 report of A. B., C. D. and E. F., commissioners appointed bj 
 an order of this court, and on reading and filing said report, 
 which bears date the tenth day of December, 1851, by which 
 it appears that the said commissioners have made partition of 
 the premises described in the complaint in this action between 
 the said Gr. H. and J. K., according to their respective rights 
 and interests therein, as the same have been ascertained, de- 
 clared and determined by this court, and by which said par- 
 tition the said commissioners have divided the whole of said 
 premises into two allotments of equal value, and have set off 
 in severalty to the said G. H. one of the said allotments, 
 bounded and described as follows : (insert description,) as will 
 more fully appear by a map of said partition thereto annexed ; 
 and also by which partition the said commissioners have set ofi" 
 in severalty to the said J. K. the other of the said allotments, 
 which is bounded and described as follows : (insert descrip- 
 tion,) as will also more fully appear by reference to said map 
 of the partition annexed to such report. And on motion of 
 M. E., of counsel for the plaintiff, it is ordered and adjudged, 
 that the said report, and all things therein contained, do stand 
 ratified and confirmed, and that the partition so made be firm 
 and effectual forever. And it is further ordered and adjudged, 
 that the said Gr. H. and J. K. do each execute, under their 
 
114 PEACTIOAL FORMS. 
 
 hands and seals, and acknowledge and deliver to the other, a 
 
 deed of release and quit claim of the parcels of land set off to 
 
 each in severalty as aforesaid. And it is further ordered and 
 
 adjudged, that the said J. K. pay to the said G. H. the sum 
 
 of fifty dollars, being the one-half of the costs and charges of 
 
 the proceedings in this action, and that the said G. H. have 
 
 execution therefor. 
 
 R. L., Clerk. 
 
 [ No. 153. ] 
 
 Another judgment for partition. 
 
 (Title of action.) 
 
 December 10, 1851. 
 
 This action having been brought on to be heard on the 
 pleadings in this action, and on the report of A. B., C. D. and 
 E. F., commissioners appointed by and under an order of this 
 court, to make partition of the land and premises mentioned 
 and described in this action, amongst the several parties, 
 plaintiffs and defendants in this action, according to their 
 several rights and interest therein : Thereupon, on reading 
 and filing said report, from which it appears that after first 
 causing the same to be carefully surveyed, and a field book 
 and map thereof, made by a surveyor, by them employed for 
 that purpose, which field book and map is annexed and 
 referred to in said report, they proceeded to divide the said 
 lands and premises amqng the several parties to this action, 
 according to their respective rights and interests therein, 
 quantity, quality and value relatively considered, and did 
 thereupon allot, assign, and set apart to the said H. J., the 
 one equal imdivided third part ; to the said H. H., the one 
 equal undivided' third part; and to the said L. H., the one 
 equal undivided third part, as tenants in common of all those 
 certain lots described in the said field book, and laid down 
 and distinguished on the said map as lots number (insert 
 description.) 
 
 That they did also set apart and assign to the said H. S., to 
 
PRACTIOAl FORMS. 115 
 
 hold in severalty all tliose certain lots described in the said 
 field book, and laid down and distinguished on the said map 
 as lots (insert description.) 
 
 That they did also set apart and assign to the said N. N., to 
 hold in severalty all those certain lots described in the said 
 field book, and laid down and distinguished on said map as 
 lots (insert description.) 
 
 That they did also set apart and assign to the said T. N"., to 
 hold in severalty all those certain lots described in the said 
 field book, and laid down and distinguished on said map as 
 lots (insert description.) 
 
 From all which it satisfactorily appears to this court that 
 the report of the said commissioners, and the partition so by 
 them made as aforesaid, is in all respects, just and equitable. 
 
 And on reading and filing said report, and on motion of 
 M. E., attorney for plaintiff, IST. S. appearing for all of said 
 defendants, it is ordered and adjudged, that the said report 
 be confirmed, and that the said partition made by the com- 
 missioners of partition in this action be, in all respects, ratified 
 and confirmed, and the same is hereby approved and ratified ; 
 and it is further ordered and adjudged, that the said partition 
 be firm and effectual forever. 
 
 And it is further ordered and adjudged, that the costs of 
 the several parties in this action, including all charges and 
 expenses incurred to effect the partition in this action, be- 
 fixed at one hundred dollars and be paid by the parties, plain- 
 tiffs and defendants as follows, to wit: The said H. J., H. H. 
 and L. H. shall each pay the one-third of one fourth part, and 
 the said H. S., N. N. and T. N. shall each pay the one fourth 
 
 part thereof. 
 
 R. L., Clerk. 
 
 [ No. 154. ] 
 
 Judgment on inquest — decision of court. 
 
 At a circuit, &c. 
 A trial by jury having been waived by the defendant by 
 failing to appear at trial, and the questions of fact in said 
 
116 PBAOTIOAL FORMS. 
 
 action Having been tried by the court, it is decided that the 
 defendani; is indebted to the plaintiff upon the note,, and 
 account mentioned in the complaint in this action in the sum 
 of one hundred dollars, for which amount let judgment be 
 entered with costs. 
 
 Dated June 8, 1852. 
 
 A. J. PAEKBR. 
 
 [ No. 155. ] 
 
 Judgment dissolving marriage because of adultery (on default of 
 
 defendant. 
 (Title of action.) 
 
 December 9, 1851. 
 This action having been brought on to be heard upon the 
 complaint herein, and upon the report of J. K., a referee 
 duly appointed in this action, from which it appears that all 
 the material facts charged in the said complaint are true, and 
 that the defendant has been guilty of the several acts of adul- 
 tery therein charged ; on motion of M. R., attorney for the 
 plaintiff, it is ordered and adjudged, that the marriage between 
 the said plaintiff and the said defendant be dissolved, and the 
 same is hereby dissolved accordingly ; and the said parties are 
 and each of them is freed from the obligations thereof. And 
 it is further ordered and adjudged, that it shall be lawful for 
 said complainant to marry again in the same manner as though 
 the said defendant was actually dead, but it shall not be law- 
 ful for the said defendant to marry again until the said com- 
 plainant is actually dead. 
 
 R. L., Clerk. 
 
 [ No. 156. ] 
 Judgment dissolving marriage after the trial of an issue. 
 
 (Title of action.) 
 
 December 10, 1851. 
 This action having this day been brought on to be heard, 
 on recording and filing the pleadings and report of the referee 
 
« 
 
 PEACTICAL FORMS. 117 
 
 duly appointed, in pursuance of an order of ttis court, 
 whereby it appears that the said defendant has been found 
 guilty of the several acts charged against him in this com- 
 plaint in this action, and on motion of M. E., of counsel for 
 plaintiff, and on hearing of W. N., of counsel for defendant, 
 it is ordered and adjudged that the marriage, (as in the last 
 pr-eceding form to the end.) 
 
 [ No. 157. ] 
 iJudgment for a liTnited divorce or separation. 
 
 (Title of action.) 
 
 A December 8, 1851. 
 
 This action having this day been brought on to be heard 
 upon the pleadings, and the report of the referee duly ap- 
 pointed, and the court having duly considered the said ref- 
 eree's report and the arguments of counsel, and it appearing 
 to this court that the defendant has been guilty of cruel and 
 inhuman treatment of the plaintiff, and of such conduct 
 towards her as to render it unsafe and improper for her to 
 cohabit with him : On motion of M. R., of counsel for plain- 
 tiff, and on hearing "W. G., of counsel for defendant, it is 
 ordered and adjudged that the said plaintiff and defendant be 
 separated from bed and board forever; provided, however, 
 that the said parties may at any time hereafter, by their joint 
 petition, apply to this court to have this judgment modified 
 or discharged ; and that neither of said parties shall be at lib- 
 erty to marry any other person during the life of the other 
 party. 
 
 And it is farther ordered and adjudged that the defendant 
 pay to the plaintiff the sum of one thousand dollars per an- 
 num from the date of this judgment, in semi-annual pay- 
 ments, for the support and maintenance of the plaintiff, and 
 the children of the marriage named in the complaint in this 
 action, and that he give security to the clerk of this court, to 
 be approved by one of the justices thereof, for the payment of 
 the said sum. 
 
118 PEACTICAIi FORMS. 
 
 And it is further ordered and adjudged that the said plain - 
 itifp have the care, custody and education of the said children 
 of the said marriage, until further order of the court. 
 
 And it is further ordered and adjudged that the defendant 
 pay to the said plaintiff, or her attorney, one hundred dollars 
 as the costs of this action. 
 
 E. L., Clerk. 
 
 [ No. 158. ] 
 
 Judgment on confession. 
 (Title of action.) 
 
 I, A. Gr., defendant, hereby confess myself indebted to D. 
 B., plaintiff, in the sum of five hundred dollars, and interest 
 thereon from the third day of August, 1851, and hereby au- 
 thorize him, or his executors, administrators, attorney or 
 assigns, to enter a judgment against me for that amount. 
 
 The above indebtedness arose on a promissory note given 
 by me for value received, to wit, for one hundred barrels of 
 flour, to the said plaintiff. And I hereby state, that the sum 
 above, by me confessed, is justly due to the said plaintiff, 
 without any fraud whatever. 
 
 Dated December 10, 1851. 
 
 A. G. 
 
 County of Greene, ss : A. G., the defendant, being sworn, 
 says the above statement of confession is true. 
 
 A. G. 
 Sworn before me, this 
 IGth day of December, 1851. 
 
 L. P., Justice of the Peace. 
 
 l} 
 
 Judgment, December 12, 1851. 
 Upon filing the foregoing confession and affidavit, on mo- 
 tion of M. R., plaintiff's attorney, it is hereby adjudged that 
 the plaintiff recover of the defendant the sum of five hundred 
 and twelve dollars and fifty-three cents, with five dollars 
 costs, amounting to five hundred and seventeen dollars and 
 fifty-three cents. 
 
 R. L., Clerk. 
 
PRACTICAL POEMS. 119 
 
 [ No. 159. ] 
 
 Lunacy, petition for a commissidn. 
 
 In Supreme Court. 
 In the matter of ) 
 A. B., I 
 
 a supposed lunatic. ) 
 
 To the Hon. the Supreme Court of the State of New York : 
 
 The petition of C. D., of the town of Bethlehem, in the 
 county of Albany, respectfully shows : 
 
 That A. B., a resident of the same town, a cairpenter, wlio 
 is a brother of your petitioner, now is, and for the space of 
 ten months last past, has been a lunatic, and altogether unfit 
 and unable to govern himself, or to manage his affairs, as by 
 the affidavits hereto annexed appears. 
 
 Your petitioner therefore prays that a commission, in the 
 nature of a writ de lunatico inquirendo may issue, to inquire 
 of the alleged lunacy of the said A. B., directed to such per- 
 sons as to this honorable court shall seem meet. 
 
 CD. 
 
 Albany City and County, ss : C. D. being sworn, says that 
 he has read the foregoing petition, by him subscribed, and 
 knows the contents thereof; that the same is true of his own 
 knowledge, except as to the matters therein stated on his in- 
 formation and belief, and as to those matters he believes it to 
 be true. 
 
 CD. 
 
 Sworn, &c. 
 
 [ No. 160. ] 
 Affidavits to be annexed to the petition. 
 
 Albany City and County, ss: E. ¥., of the town of Bethle- 
 hem, in the county aforesaid, being sworn, says, that he has 
 read the within petition of the said C D., and that the facts 
 
120 PRACTICAL FORMS. 
 
 therein stated are true ; ttat for the last eight months he, this 
 deponent, has been engaged in taking the charge, care and 
 control of the said A. B., and that the said A. B. has been 
 for some time past of unsound mind and understanding ; that 
 the said A. B. has frequently represented himself, that he, the 
 said A. B., was the Mogul of Tartary, and that he had the 
 wealth of all Indies at his command; that he would fre- 
 quently pretend to be sending out ships to foreign ports ; and 
 pretend to give orders for the disposal of their return car- 
 goes, when, in fact, said A. B. has no other property except 
 a valuable farm in the said town of Bethlehem, valued at 
 about ten thousand dollars ; and this deponent believes that 
 the said A. B. is still of unsound mind and understanding, 
 and unfit for the management of his concerns or to take 
 charge of his property. 
 
 E. P. 
 Sworn, &c. 
 
 Albany City and County, ss : P. S., of the city of Albany, 
 being sworn, says, that he is a practicing physician, a resident 
 of said city, and that he has resided in said city and practiced 
 in said county for more than thirty years last past, and that 
 he is the family physician of the said A. B., and has been for 
 ten years last past ; and that the said A. B. has for more than 
 ten months last past, labored under the most disturbed imagi- 
 nation and mental derangement, and that in the opinion of 
 this deponent the said A. B. is wholly and entirely unfit for 
 the management of his concerns. 
 
 Sworn, &c. 
 
 P. S. 
 
 [ No. 161. ] 
 Lunacy arising from extreme old age — 'petition for a commission. 
 
 (Title as in last petition.) The petition of C. D., of Beth- 
 lehem, county of Albany, one of the grandchildren and next 
 of kin of said A. B., the supposed lunatic, respectfully shows : 
 
 That A. B., of the town of Bethlehem, your petitioner's 
 
PRACTICAL FOEMS. 121 
 
 grandfatlier, who is of tlie age of ninety-five years and 
 upwards, is from such, his extreme age, so far deprived of his 
 reason and understanding, that he is rendered altogether unfit 
 and unable to govern and control himself, or in any way to 
 manage his affairs, as by the affidavits hereto annexed appears. 
 
 Your petitioner therefore prays, that a commission in the 
 nature of a writ de lunatico inquirendo, may issue, to inquire 
 of the lunacy of the said A. B., directed to such persons as 
 to this court shall seem meet. 
 
 CD. , 
 
 Sworn, &c. 
 
 (Add afiidavits.) 
 
 [ No. 162. ] 
 
 Petition for a commission of lunacy, to ascertain the validity of 
 the marriage of an alleged lunatic. 
 
 (Title as in last petition.) The petition of Or D., of the 
 city of Poughkeepsie, in the county of Dutchess, brother of 
 the said A. B., the supposed lunatic, respectfully shows : 
 
 That the said A. B., your petitioner's sister, now is, and for 
 these two years last past, has been so far deprived of her 
 reason and understanding, as to be altogether unfit and un- 
 able to govern herself, or to manage her affairs, as by the 
 affidavits hereunto annexed appears. That the said A. B. is 
 upwards of eighty years of age ; and that on or about the 
 twenty -fifth day of last December, while she was in the situa- 
 tion described in said afiidavits, (or as before described,) she 
 was prevailed upon by one W. S., who claims to be her pres- 
 ent husband, and who is only twenty-two years of age or 
 thereabouts, and whom she had known only about three days, 
 to contract matrimony with him, the said W. S., with the 
 sole view, as your petitioner conceives, to get possession of 
 her property ; and their pretended marriage was that day 
 solemnized at Poughkeepsie, aforesaid. 
 
 Your petitioner therefore prays, that this court will order 
 that a commission, in the nature of a writ de lunatico inqui- 
 
122 PRACTICAL FORMS. 
 
 rendo, may issue, to inquire of the lunacy of the said A. B., 
 as well before and at the time of her said marriage with the 
 said W. S., as at this present time, directed to such persons as 
 to this court shall seem fit and proper. 
 
 CD. 
 (Add affidavits of petitioner and others.) 
 
 [ No. 163. ] 
 Petition for a commission of idiocy. 
 
 In Supreme Court — 
 
 County of Albany. 
 
 In the matter of ) 
 A. B., \ 
 
 a supposed idiot. ) 
 
 To the Supreme Court of the State of New York : 
 
 The petition of C. D., of Gudderland, of the county of 
 Albany, respectfully shows to this court : 
 
 That A. B. of the same place, who is the brother of your 
 petitioner, has been from the time of his birth, and stiU is, 
 wholly deficient in reason and understanding, and to aU in- 
 tents and purposes an idiot, as by the afiidavits annexed ap- 
 pears. 
 
 The petition further shows that the said A. B., by the death 
 of his father, lately came into the possession of a large estate, 
 amounting as near as your petitioner can estimate the same, 
 at about twenty thousand dollars ; that the said A. B., by 
 reason of his supposed idiocy, is entirely incompetent and 
 unable to to take the charge, care and control of his said 
 property ; and that unless some person is to take care and 
 charge of the property of the said A. B., the same wHl 
 become very much dilapidated, and run to waste. 
 
 Your petitioner therefore prays, that a commission in the 
 nature of a writ de idiota inquirendo may issue to inquire of 
 the idiocy of the said A. B., directed to such persons as to 
 this court shall seem fit and proper. 
 
 CD. 
 
 (Add af&davits.) 
 
PRACTICAL FORMS. 128 
 
 [ No. 164. ] 
 
 Petition for a commission agmnstmi habitual drunJcard. 
 
 In Supreme Court — 
 
 County of Erie. 
 
 In the matter of ) 
 A.B., 
 an habitual drunkard. ) 
 
 To the Supreme Court of the State of New York : 
 
 The petition of C. D., of the city of Buffalo in the county of 
 Erie, respectfully shows : That A. B., a resident of the city of 
 Buffalo, a merchant, the husband of your petitioner, is now 
 and for more than a year last past, has been an habitual 
 drunkard ; that he is about fifty j^ears of age and has two 
 small children of the age of eight and ten years respectively ; 
 that he is seized and possessed of real estate, consisting of 
 four lots in the city of Buffalo, with the buildings thereon, of 
 the value of about twenty thousand dollars, and of personal 
 estate, to wit, bonds and mortgages, of the value of about ten 
 thousand dollars; and is now owing debts to the amount of 
 about nine hundred dollars, although the annual income from 
 his said estate cannot be less than about two thousand five 
 hundred dollars per annum ; that about two years since the 
 said A. B. became quite intemperate — so much so as to en- 
 tirely neglect his business, and by far the greater portion of 
 his time to be entirely unfit for the transaction of any business ; 
 and that for several months last past he has had few, if any, 
 sober intervals. 
 
 And your petitioner further shows, that in consequence of 
 the said intemperance of the said A. B., he is rapidly squan- 
 dering his property, and is constantly defrauded and plun* 
 dered by others ; and that if he is allowed to have the control 
 and management of his property much longer, he will, as 
 your petitioner believes, soon squander the whole of his re- 
 maining property, and your petitioner and her children will 
 come to want. Your petitioner further shows that she was 
 lawfully married to the said A. B. about fifteen years since, 
 
124 PRACTICAL FORMS. 
 
 and tbat the two children B. B. and D. B., above mentioned, 
 are^tlie lawful children of the said A. B. and your petitioner. 
 
 Your petitioner therefore prays that a commission in the 
 nature of a writ de lunatico inquirendo may issue, to inquire 
 of the habitual drunkenness of the said A. B., directed to such 
 persons as to this court shall seem proper. 
 
 C. B. 
 
 (Add affidavit.) 
 
 [ No. 165. ] 
 
 Order for a commission of lunacy, or idiocy, or hahitual 
 drunkenness. 
 
 At a special term of the Supreme Court for the State of 
 New York, held at the City Hall, in the city of Albany, Nov. 
 10, 1857, 
 
 Present, Hon. IE A HAREIS, Justice. 
 In the matter of 
 A. B., 
 a supposed lunatic, 
 (idiot or habitual drunkard.) 
 
 On reading and filing the petition of C. D., of the town of 
 Bethlehem, county of Albany, bearing date the first day of 
 Nov., 1857, and the affidavit thereto annexed, and on motion 
 of B. F., of counsel for the petitioner, ordered that a commis- 
 sion in the nature of a writ de lunatico (or idiota) inquirendo 
 be issued out of, and under the seal of this court, in the usual 
 form, directed to M. D., physician ; C. L., counselor at law ; 
 and C. J., a carpenter ; all of the city of Albany, to inquire, 
 by a jury of said county and of the neighborhood where the 
 said A. B. resides, of the lunacy (or idiocy or habitual drunk- 
 enness) of the said A. B., and that in the said commission be 
 inserted a command to the sheriff of the said county of Al- 
 bany, requiring him to summon such jury. And it is further 
 ordered, that the said commission be executed at the office of 
 the said C. L., (or at some convenient place near the residence 
 of the said A. B.,) and that previous notice of the time and 
 
PRACTIOAi FORMS. 126 
 
 place of such execution be given to the said A. B., and to the 
 person or persons having the charge of and care of the said 
 A. B. And it is further ordered, that upon the execution of 
 the said commission, the person or persons having the charge 
 and custody of the said A. B., do produce the said A. B. be- 
 fore the said commiss^ion and jury, to be inspected and exam- 
 ined by them, whenever required so to do by said commis- 
 sioners. 
 
 [ No. 166. ] 
 
 Commission to inquire as to idiocy or lunacy. 
 
 The People of the State of New York to M. D., C. L. and 
 C. J., of the city and county of Albany, greeting : Know ye, 
 that we have assigned to you, or any two or more of you, to 
 inquire, by the oaths of good and lawful men of our county 
 of Albany, by whom the truth of the matter may be the better 
 known, whether A. B., of the town of Bethlehem, in said 
 countj^, is a lunatic, or enjoys lucid intervals, (or is an idiot,) 
 so that he is not sufficient for the government of himself, or 
 for the management of his lands, tenements, goods and chat- 
 tels ; and if so, from what time, after what manner, and how, 
 and if the said A. B., being in that condition, hath alienated 
 any lands and tenements, or not ; and if so, what lands and 
 tenements, to what person or persons, when, where, after 
 what manner, and how and what lands and tenements, goods 
 and chattels as yet remain to him ; and of what value the 
 lands and tenements by him alienated, as well as those by 
 him retained are, and how much the issues and profits thereof 
 are worth by the year, and what is the value of his goods, 
 chattels and personal estate, and who are the nearer heirs of 
 the said A. B., who will be entitled to his estate in case of his 
 death, and at what age. And therefore we command you, 
 or any two or more of you, that at certain days and places, 
 which you shall for that purpose appoint, you diligently make 
 inquisition in the premises ; and that you cause reasonable 
 notice of the time and place by you appointed for that pur- 
 
126 PRAOTIOAL FORMS. 
 
 pose, to be given to the said A. B., and that you send the in- 
 quisition which you shall thereupon make under your seals, 
 or the seals of any two or more of you, and the seals of those 
 persons by whom it shall be made, distinctly and plainly, and 
 without delay, to our Supreme Court, together with this writ 
 And by the tenor of these presents we -command our sheriff 
 of our coimty of Albany aforesaid, that at certain days and 
 places which you shall make known to him, he cause to come 
 before you, or any two or more of jou, so many, and such 
 good and lawful men of your county as you shall direct, by 
 whom the truth of the matters aforesaid may be the better 
 known and inquired into. 
 
 Witness, Hon. Ira Harris, one of the justices of our Su- 
 preme Court, at Albany, the sixth day of October, one thou- 
 sand eight hundred and fifty-seven. 
 
 [L. S.J W. C, Clerk. 
 
 A. F., Attorney. 
 Indorsed " By the court." 
 
 W. C, Clerk. 
 
 Return to the commission. 
 
 The execution of this commission appears in the schedule 
 hereunto annexed. 
 Dated Albany, Dec. 3, 1857, 
 
 M. D., 
 C. L., 
 C. J., 
 
 Commissioners. 
 
 [ No. 167. ] 
 Commission to inquire as to habitual drunhenness. 
 
 The People of the State of New York to A. B., C. D. and 
 E. F., of the city and county of New York, greeting : 
 
 Know ye, that we have assigned to you or any two of you, 
 to inquire, by the oath of good and lawful men of our county 
 
PRACTICAL FOEMS. 127 
 
 of Few York, by wliom the truth of the matter may be the 
 better known, whether G. H., of the city of New York, is in- 
 capable of conducting his own affairs, in consequence of hab- 
 itual drunkenness, and if so, from what time he has been so 
 incapable; and if the said G. H., being so incapable, hath 
 alienated any lands or tenements, and if so, what lands or 
 tenements, and to what person or persons, when, where, and 
 after what manner, and how ; and what lands and tenements, 
 goods and chattels as yet remain to him ; and of what value 
 the lands and tenements by him alienated, as well as those by 
 him retained, are, and how much the issues and profits thereof 
 are worth by the year ; and what is the value of his goods, 
 chattels and personal estate, and who are the nearer heirs of 
 the said G. H., who will be entitled to his estate in case of his 
 death, and of what age. And, therefore, we command you, 
 or any two or more of you, that at certain days and places 
 which you shall for that purpose appoint, you diligently make 
 inquisition in the premises : and that you cause reasonable notice 
 of the time and place by you appointed for that purpose to be 
 given to the said G. H., and that you send the inquisition 
 which you shall thereupon make, under your seals, or the seals 
 of any two or more of you, and the seals of those persons by 
 whom it shall be made, distinctly and plainly and without 
 delay, to our Supreme Court, together with this writ. And 
 by the tenor of these presents, we command our sheriff of our 
 city and county of New York aforesaid, that at certain days 
 and places which you shall make known to him, he cause to 
 come before you, or any two or more of you, so many and 
 such good and lawful men of his county as you shall direct, 
 by whom the truth of the matters aforesaid may be the better 
 known and inquired into. 
 
 "Witness, William Mitchell, one of the justices of our Su- 
 preme Court at the city of New York, the first day of March, 
 in the year one thousand eight hundred and fifty-eight. 
 [L. s.] R. L., Clerk. 
 
 H. B., Attorney. 
 Indorsed " By the court." 
 
 R. L., Clerk. 
 
128 PRACTICAL FORMS. 
 
 Return to commission. 
 
 The execution of this commission appears ia the schedule 
 hereunto annexed. 
 March 18, 1858. 
 
 A. B., 
 CD., 
 E. F., 
 
 Commissioners. 
 
 [ Ko. 168. ] 
 Precept to sheriff to_ summon a jury. 
 
 By virtue of a commission in the nature of a writ de lunat- 
 ico (or idiota) inquirendo, issued out of and under the seal of 
 the Supreme Court of the state of New York, bearing date 
 the first day of March instant, to us whose names are here 
 underwritten, directed to inquire if G. H., of the city of New 
 York, be a lunatic (or idiot, or habitual drunkard) or not : 
 these are to will and require you to cause to come and appear 
 before us twenty-four honest and lawful men of the county 
 aforesaid, and of the neighborhood where the said Gr. H. re- 
 sides, on the 18th day of March, 1858, by ten o'clock in the 
 forenoon of the same day, at the county court-room in the 
 City Hall in said city, then and there upon their oaths to in- 
 quire of the lunacy (or idiocy, or habitual drunkenness) of the 
 said G. H. ; and of all such matters and things as shall be 
 given them in charge by virtue of said commission ; and 
 hereof fail not at your peril. 
 
 Given under our hands and seals the second day of March, 
 in the year one thousand eight hundred and fifty-eight. 
 
 A. B., [L. s.] 
 C. D., [L. s.] 
 E. F., [L. s.] 
 Commissioners, 
 To the sheriff of the city and county of New York. 
 
PRACTICAL FOBMS. 129 
 
 The return of the sheriff indorsed. 
 
 The execution of this precept appears in the panel hereto 
 annexed. 
 
 P. Q., Sheriff. 
 
 Names of the jurors summoned to inquire, according to the 
 tenor of the precept annexed. (Names of jurors.) 
 
 [ No. 169. ] 
 
 Notice to lunatic {or idiot or habitual drunkard) of executing 
 commission. 
 (Title.) 
 
 Sir : Take notice, that a commission to inquire as to your 
 alleged lunacy, (or idiocy, or habitual drunkenness,) issued 
 out of and under the seal of the Supreme Court, and to us di- 
 rected as commissioners, will be executed at the City Hall, in 
 the city of New York, on the eighteenth instant, at ten 
 o'clock, A. M. 
 Dated March 2, 1858. A. B., 
 
 CD., 
 E. F., 
 Commissioners. 
 To G. H. 
 
 [ No. 170. ] 
 
 Warrant to produce lunatic. 
 
 By virtue of a commission in the nature of a writ de lunatico 
 (or idiota) inquirendo, issuing out of and under the seal of the 
 Supreme Court of the state of New York, bearing date March 
 the first, 1858, to us whose names are hereunto written directed, 
 to inquire whether G. H., of the city of New York, be a lunatic 
 (or idiot or habitual drunkard) or not, these are to will and re- 
 quire you to produce before us the said G. H., at the execution 
 of the said commission at the City Hall, on the 18th instant, 
 at ten o'clock in the forenoon, there to be examined touching 
 
 9 
 
130 PRACTICAL POEMS. 
 
 fhe matters aforesaid ; and you are to give him notice accord- 
 ingly ; as also to any other person or persons who are guar- 
 dians of him, or trustees of his estate, that they may appear 
 in his defence if they shall think fit. 
 
 Given under our hands and seals this second day of March, 
 
 1858. 
 
 A. B., [L. s.] 
 C. D., [L. s.] 
 E. F., [L. s.] 
 Commissioners. 
 To B. P., Esq., or such other person or persons as now have 
 the said G. H. in their custody. 
 
 [ No. 171. ] 
 
 Subposnajbr witnesses on execution of commission. 
 
 By virtue of a commission in the nature of a writ de lunat- 
 ico (or idiota) inquirendo, issuing out of and under the seal 
 of the Supreme Court of the state of New York, bearing date 
 March 1, 1858, to us whose names are hereunder written di- 
 rected, to inquire whether G. H., of the city and county of 
 New York, be a lunatic (or idiot or an habitual drunkard) or 
 not, these are to will and require you that you, and each of you 
 personally, be and appear before us at the execution of the 
 said commission, at the City Hall, in said city, on the eigh- 
 teenth day of March, 1858, at ten o'clock in the forenoon, upon 
 your several and respective oaths to testify the truth, accord- 
 ing to your knowledge, touching the lunacy (or idiocy or 
 habitual drunkenness) of the said G. H., and of all such mat- 
 ters as shall be demanded of you by virtue of the said com- 
 mission. Thereof fail not at your peril. 
 
 Given under our hands and seals the 2d day of March, 1858. 
 
 A. B., [L. s.] 
 C. D., [L. s.] 
 E. P., [L. s.] 
 
 Commissioners. 
 To J. K. and L. M. 
 
PRACTICAL FpRMS. 1|S1 
 
 [ No. 172. ] 
 
 Oaths to jurors on execution of commission. 
 
 You shall well and truly inquire, toucliiiig the lunacy (or 
 idiocy or habitual drunkenness) of G. H., and of all such mat- 
 ters and things as shall be given you in charge by virtue of a 
 commission issued out of, and under the seal of the Supreme 
 Court of the state of New York, to inquire into his said lu. 
 nacy, (or idiocy, or habitual drunkenness,) and now here to be 
 executed, and a true inquisition make according to evidence, 
 so help you God. 
 
 [ No. 173. ] 
 
 Oaths to witnesses. 
 
 The evidence you shall give touching the lunacy (or idiocy 
 or habitual drunkenness) of G. H., and as to who are his next 
 of kin, and the nature, extent and value of his real and per- 
 sonal estate, and all such other matters and things as shall be 
 required of you, by virtue of a commission issued out of the 
 Supreme Court of the state of New York, to inquire into the 
 said lunacy (or idiocy, or habitual drunkenness,) and now here 
 to be executed, shall be the truth, the whole truth and noth- 
 ing but the truth, so help you God, 
 
 [ No. 174. ] 
 
 InfuisUion. 
 
 An inquisition taken at the City Hall, in the city of New 
 York, on the eighteenth day of March, 1868, before A. B., C. 
 D^ and B. F., commissioners appointed by virtue of a com- 
 mission in the nature of a writ de. lunatico (or idiota) inqui- 
 rendo, issued out of, and under the seal of the Supreme Court 
 
182 PRACTICAL FORMS. 
 
 of the state of New York, bearing date Marcli 1, 1858, to 
 them, the said commissioners, directed to inquire, among other 
 things, of the lunacy (or idiocy) of G. H., upon the oaths of 
 (insert names of jurors) good and lawful men of the said 
 county, who being summoned, sworn and charged upon their 
 oath, say that the said Q. H., at the time of making this in- 
 quisition, is a lunatic, and of unsound mind, and does not en- 
 joy lucid intervals, (or is an idiot,) so that he is incapable of the 
 government of himself, or of the management of his lands, 
 tenements, goods and chattels ; and that he has been in the 
 same state of lunacy (or idiocy) for the space of two years 
 last past, and upwards, (or in certain cases, of idiocy from his 
 nativity ;) (that the said G. H. hath, from his infancy, been 
 subject to fits, which may have been the occasion of his lu- 
 nacy, but how otherwise he became a lunatic, the jurors 
 aforesaid know not, unless by the visitation of God.) And 
 the jurors aforesaid, upon their oaths aforesaid, further say 
 that whether the said G. H. being in that state, hath alien- 
 ated any lands and tenements, or not, the jurors aforesaid 
 know not (or that the said G. H., being in that state, did on 
 or about the tenth day of January, 1858, at ISTew York, by a 
 warranty deed, sell, alien and convey unto B. S., a certain 
 house and lot in said city, belonging to him, the said G. H., 
 for the consideration of only two thousand dollars, which was 
 lees than a third of the actual value thereof; (the same being 
 worth, at least, seven thousand dollars.) And the jurors 
 aforesaid, on their oaths aforesaid, do further say that the fol- 
 lowing lands and tenements, goods and chattels, yet remain 
 to him, the said G. H., to wit, (describe property,) and that the 
 said lands and tenements now belonging to the said G. H., are 
 worth about the sum often thousand dollars, and that the issues 
 and profits thereof, by the year, are worth eight hundred 
 dollars, or thereabout. And further, that the value of the 
 /goods, chattels and personal estate of the said G. H. is about 
 five thousand dollars. And the jurors aforesaid, upon their 
 oath aforesaid, do further say that G. D., the wife of B. D., of 
 said city, is the sister of the said G. H., and that she is, at the 
 time of taking this inquisition, of the age of twenty-five years, 
 or thereabouts ; and that R. H., of said city, is a brother of 
 
PRACTICAL FORMS. 133 
 
 the said Gr. H., and is, at tlie time of taking this inquisition, of 
 the age of forty years, or thereabouts ; that the said Gr. D. and 
 E. H., are the nearest heirs of the said G. H., and will be 
 entitled to his estate, in equal proportions, in case of his death. 
 
 In testimony whereof, as well the said commissioners as the 
 jurors aforesaid, have to this inquisition, set their hands and 
 seals, the day and year first above written. 
 
 (Names and seals of commissioners.) , 
 
 (Names and seals of jurors.) 
 
 [ No. 175. ] 
 
 Notice of motion to confirm finding of jury and appoint a com- 
 mittee. 
 
 (Title of cause.) 
 
 Sir : Take notice, that I intend to move this honorable court 
 at the next (special) term thereof, to be held at the City Hall, 
 in the city of New York, on the 22d day of March, 1858, at 
 the opening of the court on that day, or as soon thereafter as 
 counsel can be heard, for an order that the finding of the jury 
 upon the commission heretofore issued in the above matter, 
 be confirmed ; and that some suitable person be appointed a 
 committee of the person and estate of the said G. H. ; and for 
 such other or further order or relief as the court may think 
 proper to grant. Which motion will be founded on the said 
 commission, the return thereto, and the inquisition taken 
 under such commission. 
 
 March 12, 1858. 
 
 Yours, &c. 
 L. L., Attorney. 
 
 To Gr. H. (whoever opposes the application.) 
 
134 PRACTICAL FORMS. 
 
 [ No. 176. ] 
 
 Order confirming the finding of the jury, and appointing com- 
 mittee. 
 
 At a special term, &c. 
 (Title.) 
 
 On reading and filing the inquisition in this matter, taten 
 under and by virtue of a commission heretofore issued out of 
 this court, from which it appears that the jury have found the 
 said Gr. H. is a lunatic, and of unsound mind, and does not 
 enjoy lucid intervals, (or that he is an idiot,) so that he is in- 
 capable of the government of himself, or of the management 
 of his lands, tenements, goods and chattels, and that he is 
 seized and possessed of certain real and personal estate, in the 
 said inquisition specified ; on motion of L. L., of counsel, and 
 after hearing B. W., of counsel, in opposition thereto ; ordered 
 that the finding of the jury, upon the execution of the said 
 commission as set forth in the said inquisition, be, and the 
 same is hereby confirmed ; and it is on like motion ordered,, 
 that P. P. and M. P. be, and they are hereby appointed, the 
 committee of the person and estate of the said Gr. H., upon 
 their giving a bond with two sufScient sureties, to be approved 
 by one of the justices of this court, in the penalty of double 
 the value of the property of the said Gr. H., as found by the 
 said inquisition, conditioned for the faithful performance of 
 their trust, according to the statute, and to account whenever 
 required, in conformity with the rules and practice of this 
 court. And it is further ordered, that upon filing such bond, 
 a commission may be issued to such committee, under the 
 seal of this court. 
 
 [ No- 177. ] 
 
 Bond of committee. 
 
 Know all men by these presents, that we, P. P. and M. P., 
 L. S. and E. E., merchants of the city and county of New 
 
PEACTIOAL FORMS. 135 
 
 York, are held and firmly bound unto the people of the state 
 of New York, in the penal sum of thirty thousand dollars, to 
 be paid to the said the people of the state of New York, for 
 which payment well and truly to be made, we bind ourselves, 
 our heirs, executors and administrators, jointly and severally, 
 firmly by these presents. Sealed with our seals and dated 
 the 22d day of March, one th6usand eight hundred and fifty- 
 eight. 
 
 Whereas, by an order of our Supreme Court of the state of 
 New York, made on this 22d of March, 1858, the above 
 bounden P. P. and M. P.,. were appointed a committee of the 
 person and estate of Gr. H., who, by an inquisition taken under 
 a commission issued out of said court, had previously thereto 
 been found to be a lunatic, upon their giving the bond re- 
 quired by the said order : 
 
 Now, therefore, the condition of this obligation is such, that 
 if the above bounden P. P. and M. P., shall faithfully per- 
 form the trust reposed in them as such committee, according 
 to the statute, and shall render an account whenever required, 
 in conformity with the rules and practice of the said court, 
 and shall observe the orders and directions of the said court 
 in relation to such trust, then this obligation to be void, other- 
 wise to be and remain in full force and virtue. 
 
 M. 
 
 L. 
 
 E. 
 
 (The bond should be acknowledged and the sureties should 
 justify.) 
 
 Approval of bond hy one of the judges. 
 
 I approve of the within, as to its form and manner of exe- 
 cution. 
 March 22, 1858. WILLIAM MITCHELL. 
 
 P. 
 
 [L. 
 
 S.J 
 
 p. 
 
 [L. 
 
 S.] 
 
 s. 
 
 [L. 
 
 S.J 
 
 E. 
 
 [L. 
 
 S.] 
 
136 PRACTICAL FORMS. 
 
 [ No. 178. ] 
 
 Commission . to the committee. 
 
 The People of the State of New York, to all to whoin these 
 presents shall come, greeting : 
 
 Whereas, by a certain inquisition taken at the City Hall, in 
 the city of New York, on the 18th day of March, 1858, by 
 virtue of our commission, in the nature of a writ de lunatico 
 (or idiota) inquirendo, in that behalf duly made and issued, 
 to inquire among other things, that the said Gr. H., at the time 
 of taking the said inquisition, was a lunatic, not having lucid 
 intervals, (or an idiot,) so that he was incapable of the govern- 
 ment of himself, or of the management of his lands, tenements, 
 goods and chattels ; as by the said inquisition remaining of 
 record in our Supreme Court, may more fully appear ; for the 
 care and custody of whom, and for the management of whose 
 estate it belongs to us, in our Supreme Court, to provide. And 
 whereas, sufficient security is given to us on behalf of the said 
 G. H., by P. P. and M. P., as is customary in such cases : 
 Now, therefore, know ye, that we have given, granted and 
 committed, and by these presents, do give, grant and commit, 
 unto the said P. P. and M. P., the care and custody of the per- 
 son, and the possession, care and management of the «state, as 
 well real as personal, of the said G. H., during our pleasure, to 
 be signified in our Supreme Court. And the said P. P. and 
 M. P., are hereby required, within six months from the date 
 of these presents, to return and file in the office of the clerk of 
 our Supreme Court, in the city and coanty of New York, a 
 just and true inventory, under oath, of the whole real and per- 
 sonal estate of the said G. H., stating the income and profits 
 thereof, and the debts, credits and efifects of the said G. H., so 
 far as the same shall have come to the knowledge of the said 
 P. P. a,nd M. P., or either of them, and that out of the said 
 estate, or the rents, issues and profits thereof, they provide for 
 the maintenance, sustenance and support of the said G. H. and 
 his family ; and that annually thereafter, the said P. P. and 
 M. P., file in the office of the said clerk, a similar inventory, 
 and an account, under oath, of the management of the said 
 
PEACTIOAL FORMS. 137 
 
 trust, and of every other property or effects, belonging to the 
 said estate, wliicli they shall have since discovered, as required 
 by the statutes and the rules of this court. And tlie said P. 
 P. and M. P., are and each of them is further required to abide 
 and obey all and every such order or orders in the premises as 
 may hereafter be made in our said court, and to render a full 
 and just account of the execution of the said trust, and of the 
 estate, property and effects, which shall have come to their 
 hands, or the hands of either of them, when and as often as 
 required by our said court. 
 
 Witness, William Mitchell, one of the justices of our Su- 
 preme Court, the twenty-second day of March, one thousand 
 eight hundred and fifty-eight. 
 
 [L.S.] L. M., Clerk. 
 
 C. L., Attorney. 
 (Indorsed, " By the court." L. M., Clerk.) 
 
 [ No. 179. ] 
 
 Petition for sale or mortgage of lunatic's estate. 
 
 (Title.) 
 
 To th« Supreme Court of the State of New York : 
 The petition of P. P. and M. P., the committee of the per- 
 son and estate of the above-named lunatic, (or idiot,) respect- 
 fully show that by an order of this court, made on the 22d 
 day of March, 1858, your petitioners were appointed such com- 
 mittee. That as such committee, they have duly made out 
 and verified an inventory of the estate of the said Gr. H., 
 both real and personal, and have therein stated the value there- 
 of, and the amount of the rents and profits of the said real es- 
 tate, and of the debts owing by the said lunatic ; a copy of 
 which inventory is hereto annexed. That it appears, from 
 the said inventory, that the said real estate consists of several 
 lots in the city of New York, (describe the same particularly,) 
 that the annual rent of the improved real estate is not far from 
 one thousand dollars, that the unimproved property is not in- 
 creasing in value, but is a tax upon the estate, on account of 
 
138 PRACTICAL FORMS. 
 
 the various taxes and assessments levied upon tlie same, to im- 
 prove the streets around and near the said property. That the 
 value of the personal estate is about five thousand dollars, and 
 consists of bank stock, paying a dividend of eight per cent, 
 annually, as specified in said inventory. 
 
 Your petitioners further show, that the following is an 
 account of the debts and demands now existing against the 
 estate of the said lunatic (or idiot) (set forth a list of the debts, 
 with their amounts separately ;) that the aggregate amount of 
 such debts and demands is about three thousand dollars, as 
 near as can be ascertained ; for the payment of which, in 
 addition to the expenses of supporting such lunatic, the 
 Income of his whole estate, real and personal, is wholly 
 inadequate. 
 
 Your petitioners therefore pray, that by an order of this 
 court, they may be allowed to mortgage the improved real 
 property, or to sell so much of the unimproved real property, 
 of the said lunatic, as may be necessary for the payment of 
 his "debts. 
 
 P.P. 
 M. P. 
 
 (Add jurat) (add affidavits of value of property.) 
 
 [ No. 180. ] 
 
 Order authorizing committee to contract for a sale. 
 
 At, &c. 
 (Title.) 
 
 On reading and filing the petition of P. P. and M. P., the 
 committee of the above lunatic, dated March 22d, 1858, pray- 
 ing for authority to mortgage or sell so much of the real 
 estate of the said G. H., as may be necessary for the payment 
 of his debts, and it appearing from the said petition and the 
 affidavits thereto annexed, that the personal property is well 
 and safely invested, and that a portion of the real estate of 
 the said Gr. H. is wholly unproductive, and a tax upon the 
 estate ; that the debts now owing by the said lunatic amount 
 
PRACTICAL FORMS. Ig9 
 
 to the sum of three thousand dollars ; and that a sale of a 
 portion of the real estate of the said lunatic is necessary and 
 advantageous for the payment thfereof : it is ordered that the 
 said P. P. and M. P., the committee of the said lunatic, be 
 and they are hereby authorized, empowered and directed to 
 sell, at public or private sale, subject to the approbation of 
 this court, the unimproved property, to wit (describe the 
 same), for the purpose of paying and discharging the debts of 
 the said lunatic. And that before any contract or deed shall 
 be executed, the terms of such sale or sales shall be reported 
 by the said committee on oath, to this court. 
 
 [ No. 181. ] 
 
 Report of sale hy committee. 
 (Title.) 
 To the Supreme Court of the State of New York : 
 In pursuance of an order of this court, made in the above 
 matter, on the 22d of March, 1858, authorizing and empower- 
 ing, and directing us to sell, at public or private sale, subject 
 to the approbation of this court, the lot and real estate therein 
 specified, for the purpose of paying and discharging the debts 
 of the said lunatic, and directing us to report the terms of 
 such sale or sales to this court, on oath, before any contract 
 or deed should be executed : 
 
 "We, the subscribers, the committee of the said lunatic, do 
 respectfully report: That we have entered into an agreement, 
 subject to the approbation of this court, with C. B. for the 
 sale to him of that lot known as (here describe the property 
 contracted to sell) at and for the price or sum of three thou- 
 sand five hundred dollars ; three thousand dollars to be paid 
 on the delivery of the deed therefor, and the balance of five 
 hundred dollars with interest thereon, to be paid three years 
 from the date of said deed, the sam.e to be secured by a bond 
 of the said C. B., together with a mortgage on the property 
 so sold, collateral to said bond, interest to be paid semi- 
 annually, which sum of three thousand five hundred dollars, 
 
140 PRACTICAL FORMS. 
 
 is the highest price that could be obtained for the said tract of 
 land. 
 
 P.P., 
 M.P., 
 
 Committee. 
 March 24, 1858. 
 (Add jurat.) 
 
 [ No. 182. ] 
 Order confirming sale, and directing the execution of conveyance. 
 
 At, &c. 
 
 ") 
 
 (Title.) 
 
 On reading and filing the report of P. P. and M. P., the 
 committee of the person and estate of the said lunatic (or idiot), 
 made upon oath and dated the 24th day of March, 1858, stat- 
 ing that in pursuance of an order of this court dated March 
 22, 1858, they had entered into an agreement subject to the 
 approbation of this court, with C. B., for the sale to him of the 
 lots therein mentioned belonging to the said lunatic, for the 
 price or sum mentioned in the said report, and a large portion 
 of the purchase money is payable on the delivery of the deed 
 therefor : on motion of L. L. B., attorney for the said com- 
 mittee, ordered that the said report and the agreement therein 
 mentioned, be and the same are hereby ratified and confirmed. 
 And it is further ordered that the said committee do execute, 
 acknowledge and deliver to the said purchaser, a good and 
 sufiicient conveyance of the tract or lot of land so purchased 
 by him, upon receiving therefor the purchase money agreed 
 to be paid. And that the committee apply the net proceeds 
 of the said sale, after deducting the costs of the proceedings 
 in this matter to be taxed, and the other necessary expenses 
 of efiecting the said sale, to the payment and discharge of the 
 debts of the said lunatic; which are specified in the petition of 
 the said committee, on their application for leave to mortgage 
 or sell a portion of said real estate. 
 
PRACTICAL FORMS. 141 
 
 [ No. 183. ] 
 Petition by lunatic to supersede the commission on his recovery. 
 
 (Title.) 
 
 To the Supreme Court of tlie State of New York : 
 
 The petition of the above G. H. respectfully shows, that on 
 the third day of March, 1853, a commission in the nature of a 
 writ de lunatico inquirendo, issued out of this court against 
 your petitioner ; and on the tenth day of March, 1853, an in- 
 quisition was taken under the same, whereby your petitioner 
 was duly found a lunatic, and one G. D., the nephew of your 
 petitioner, was subsequently appointed by this court commit- 
 tee of his person and estate. 
 
 That your petitioner having perfectly recovered his sound 
 state of mind and understanding for ten months past, is desir- 
 ous that the said commission of lunacy should now be super- 
 seded ; and that the costs of suing out the said commission of 
 lunacy, and also the costs of the committee, may be examined 
 and allowed. 
 
 Your petitioner therefore prays, that he may be at liberty 
 to attend in open court, or before suitable referees duly ap- 
 pointed, for the purpose of being examined as to his sanity of 
 mind and competency of understanding, for the management 
 of his person and estate ; and that the said commission, in- 
 quisition and proceedings therein, may be superseded forth- 
 with ; and that a supersedeas may issue for that purpose ; or 
 for such further or other order in the premises as to this court 
 shall seem meet, and this case may require. 
 
 Utica, July 8, 1857. 
 
 G. H. 
 
 (Add jurat and affidavit in support of the petition.) 
 
142 PRACTICAL FOEMS. 
 
 [ No. 184. ] 
 / 
 
 Order to supersede commission. 
 
 At, &c. 
 (Title.) 
 
 On reading and filing the petition of tlie above G. H., dated 
 the 8th day of July, 1857, setting forth that he has perfectly 
 recovered his sound state of mind and understanding, for 
 twelve months past, and praying that the commission, inqui- 
 sition and proceedings in the above matter made be superseded; 
 and on reading and fihng the affidavits annexed to said peti- 
 tion, and in support thereo:^ and upon examining said Gr. H., 
 in open court, (or upon reading the report of the referees 
 duly appointed by an order of this court, to examine and de- 
 termine in regard to the recovery of the said G. H.,) as to his 
 sanity of mind, and competency of understanding : and on 
 motion of the said G. H. in person, (or L. B., attorney for the 
 said Gr. H.) it is ordered that the commission of lunacy issued 
 against the said Gr. H. and the inquisition taken thereon be 
 forthwith superseded and determined. 
 
 [ Na 185. ] 
 Supersedeas of a commission ■of lunacy. 
 
 The People of the State of New York, to all to whom these 
 presents shall come, greeting : 
 
 Whereas, by a certain inquisition, taken at Buffalo, in the 
 county of Erie, on the tenth day of January, 1852, by virtue 
 of our commission, in the nature of a writ de lunatico inqui- 
 rendo, in that behalf duly made and issued, to inquire, amongst 
 other things, of the lunacy of G. II., it was found, among 
 other things, that the said G. H, was, at the time of taking the 
 said inquisition, a lunatic, and did not enjoy lucid intervals, 
 ao that he was not capable of the government of himself, or 
 of the management of his lands and tenements, goods and 
 
PRACTICAL FORMS. 143 
 
 chattels, as by the said inquisition, remaining on record, will 
 more fully appear. And whereas, by our commission, issued 
 out of and under the seal of our said Supreme Court, bearing 
 date the I5th day of January, 1852, sufficient security having 
 been given for the said G. H. by G. D., as is customary in 
 ■such cases, we did give, grant and commit unto the said G. 
 D. the care and custody of the person, and the possession, 
 care and management of the estate, as, well real as personal, 
 of the said G. H., during our pleasure, to be signified in our 
 Supreme court, as by the said commission, remaining as of 
 record, will, among other things, more fully appear. But 
 because, upon full examination in our Supreme Court, before 
 us had in this behalf, it sufficiently appears to us that the said 
 G-. H. has recovered of his lunacy aforesaid, and is restored 
 to his right mind, memory and understanding, so that he is 
 capable of governing himself, and of managing his lands, 
 tenements, goods and chattels ; and we in this behalf being 
 willing that what is just and right be done to the said G. H. : 
 Know ye, therefore, that we, for and in consideration that the 
 said G. H. is not now a lunatic, but of sound mind, sane 
 memory and understanding, and for divers other good causes 
 and considerations, us in this behalf especially moving, have 
 superseded and determined, and by these presents do super- 
 sede and determine the aforesaid commission, in the nature of 
 a writ de lunatico inquirendo, and all process thereupon 
 made, and also the commission to the said Gr. D., and all and 
 singular the grants and powers in the said commission speci- 
 fied and contained, to all intents and purposes whatsoever ; 
 and all and singular the same we annul and make void by 
 these presents; and also the aforesaid G. D. from the care, 
 custody and government of the person of the said G. H. ; and 
 from the possession, care and management of the estate, as 
 well real as personal, of the said G^ H., we fully discharge by 
 these presents; requiring that the said G. D. shall by no 
 means suffer any person or persons to intermeddle touching 
 the said G. H. or his estate for the future. And the said 
 G. H. to the regimen and government of himself, and all his, 
 we fully restore by these presents. 
 
 Witness, Ira Harris, one of the justices of our Supreme 
 
144 PRACTICAL POEMS. 
 
 Court, at Albany, this tenth day of July, one thousand eight 
 hundred and fifty-seven, 
 
 [L. s.] E. L., Clerk. 
 
 B. D., Attorney. 
 
 Indorsed " By the court." 
 
 E. L., Clerk. 
 
 [ No. 186. ] 
 Alternative mandamus. 
 
 The People of the State of New York, to (the court, board 
 of supervisors, commissioner of highways, or other persons 
 to whom it is directed,) greeting : 
 
 Whereas, (here recite the facts or statements briefly, which 
 preceded the gravamen or injury,) nevertheless, you, (the 
 aforesaid court of officers,) have unjustly (state briefly the 
 order or proceeding of which you complain) as we are in- 
 formed by his complaint.* 
 
 Now, therefore, we being willing that speedy justice should 
 be done in this behalf, to him the said A. B., do command and 
 enjoin you that immediately after the receipt of this writ, you 
 (insert the thing or matter required to be done, or omitted, 
 substantially as in the order allowing the mandamus,) or that 
 you show cause to the contrary before our Supreme Court, at 
 the City Hall in the city of Troy, county of Eensselaer, on 
 the fifth day of January, 1852 ; lest in your default, com- 
 plaint should again come to us, and how you shall have ex- 
 ecuted this, our writ, make known to us to our justices of 
 our said Supreme Court, at the City Hall in the city of Troy, 
 and county of Eensselaer, on the fifth day of January, 1852, 
 and have you then and there this writ. 
 
 Witness, Hon. Ira Harris, Esq., one of the justices of our 
 Supreme Court, this tenth day of December, 1851. 
 By the court. 
 [L. s.] E. L., Clerk. 
 
PRACTICAL FOEMS. 145 
 
 [ No. 187. ] 
 
 Peremptory mandamus. 
 
 (As in the last form to the asterisk) and which complaint 
 ■we have adjudged to be true as appears to us of record, then 
 proceed as in the last form to the end, omitting (" or that you 
 show cause to the contrary before our Supreme Court at the 
 City Hall in the city of Troy, county of Eensselaer, on the 
 fifth day of January, 1852.") 
 
 [ No. 188. ] 
 Ne exeat — writ of. 
 
 The People of the State of New York, to the sheriff of the 
 county of Albany : 
 
 Whereas, it is represented to us in our Supreme Court 
 before the justices thereof, that N. P. is greatly indebted to 
 H. Gr., and the said H. Gr. has commenced an action in our 
 said court against the said N. P., which said action is now 
 pending and undetermined ; and that the said defendant de- 
 signs quickly to go into parts without this state, which tends 
 to the great prejudice and damage of the said plaintiff: 
 Therefore, in order to prevent this injustice, we hereby com- 
 mand you that you do without delay cause the said N. P. 
 personally to come before you and give sufficient security in 
 the STmi of five thousand dollars, that the said N. P. will not 
 go nor attempt to go into parts without our state, without 
 leave of our said court. And in case the said N. P. shall re- 
 fuse to give such security, then you are to commit him, the 
 said N. P., to the common jail of your county, there to be 
 kept in safe custody until he shall do it of his own accord ; 
 and you are forthwith to make and return a certificate of your 
 doings herein to our said court, together with this writ. 
 
 Witness (as in last form.) 
 
 10 
 
146 PRACTICAL FOEMS. 
 
 [ No. 189. ] 
 
 Note of issue for trial at the circuit. 
 
 SuPBEME Court. 
 A. B. CD.) 
 
 agt. (or) ads. \ Assumpsit (or debt as the case may be.) 
 C. D. A. B. ) 
 
 Issue joined, December 5, 1851. 
 
 M. E., Plaintiff's Att'y. 
 E. M., Defendant's Att'y. 
 
 [ No. 190. ] 
 
 Note of issue for general term. 
 
 SupeeMe Court. Supreme Court. 
 
 A. B., appellant, | I C. D., respondent, 
 
 agt. V (or) I ads. 
 
 C. D., respondent, ) ( A. B., appellant. 
 
 Appeal (or Exceptions.) 
 Issue joined, September, 5, 1851. 
 
 M. E., Appellant's Att'y. 
 E. M., Eespondent's Att'y. 
 
 [ No. 191. ] 
 Notice to sheriff to return execution. 
 
 (Title of tbe action.) 
 
 To W. B., Esq., sheriff of Albany County. 
 
 Sir : You are hereby notified to return the above (or the 
 within) mentioned execution within ten days after the service 
 of this notice, or show cause at a special term of this court, to 
 be held at the City Hall, in the city of Albany, on the last 
 Tuesday of January, 1852, at the opening of court on that 
 
PRACTICAL JOEMS. 
 
 147 
 
 day, why an attachment should not issue against you, together 
 with ten dollars costs of this motion. 
 January 2, 1852. 
 
 M. E., Plaintiff's Att'y, 
 
 Albany. 
 
 [ No. 192. J 
 Notice of retainer. 
 
 SUPEEME COTJBT. 
 
 A. B.| 
 
 ads. >• 
 0. D.j 
 
 Sir : Please to take notice, that I am retained as attorney 
 for defendant in this action. 
 New York, January 2, 1852. 
 
 Yours, &c., 
 
 H. G., Defendant's Att'y. 
 M. E., Esq., Plaintiff's Att'y. 
 
 [ No. 193. ] 
 Notice of retainer and demand of copy complaint. 
 
 (Title of action.) 
 
 Sir : Please take notice, that I have been retained for the 
 defendant in this action, and I demand that a copy of the 
 plaintiff's complaint in this action be served on me at my 
 office in the city of New York. 
 
 January 5, 1852- 
 
 Yours, &c., 
 
 E. M., Defendant's Att'y. 
 To M. E., Esq., Plaintiff's Att'y. 
 
148 PBACTICAi FORMS. 
 
 [ No. 194. ] 
 
 Notice of justification of sureties. 
 
 (Title of action.) 
 
 Sir : Please take notice, that the sureties for the appellant 
 (or the plaintiff, or defendant) in this action will justify before 
 M. P., a justice of this court, (or county judge of Albany 
 county, or justice of the peace of Albany county,) at his of&ce 
 in the city of Albany, on the twentieth day of January instant, 
 at ten 6'clock in the forenoon. 
 
 Albany, Jan. 11, 1852. 
 
 Yours, &c., 
 
 E. M., Plamtiff's Att'y. 
 
 To G-. B., Defendant's Att'y. 
 
 [ No. 195. ] 
 
 Notice of adding and justifying other sureties. 
 
 (Title of action.) 
 
 Sir : Please take notice, that N. P., merchant, of the city of 
 Albany, and M. C, hatter, of the same place, will be added 
 to the sureties already put in for the appellant, (or plaintiff, or 
 defendant,) or (will be substituted for the sureties already put 
 in,) and will justify (as in last form to the end.) 
 
 [ No. 196. ] 
 
 Notice of undertaking and the justification of the sureties. 
 
 (Title of action.) 
 
 Sir : Please take notice, that the within is a copy of the un- 
 dertaking of the appellant (or plaintiff or defendant) in this 
 action, and that the persons named as sureties therein will, (as 
 in last form.) 
 
PRACTICE FORMS. 149 
 
 [ ¥0.197. ]: 
 
 Notice ofeocception to security of bail or undertaking. 
 
 (Title of action.) 
 
 Sir : Please take notice, that I have this day excepted, and 
 do hereby except to the (form and) sufficiency of the security 
 filed in this action. 
 
 Troy, January 3, 1852. 
 
 Yours, &c., 
 
 E. P., Att'y for Plaintiff. 
 To M. B., Esq., Att'y for Defendant. 
 
 [ No. 198. ] 
 
 Notice of amended pleading. 
 
 Sir : Please take notice, that the within is a copy of the 
 amended complaint (answer or reply) in this action. 
 January 10, 1852. 
 
 Yours, &c., 
 
 E. K, jPlaintiff 's Att'y. 
 To M. B.j Esq., Defendant's Att'y- 
 
 [ No. 199. ] 
 
 Notice of assessment of plaintiff'' s damages and taxation of costs. 
 
 (Title of action.) 
 
 Sir : Please to take notice, that the plaintiff's damages in 
 this cause will be assessed, and his costs and disbursements 
 herein taxed by R. L,, clerk of this court, at his office, in the 
 City Hall, in the city of Albany, on the fifteenth day of Jan- 
 uary iust., at ten o'clock in the forenoon. (Dated, signed and 
 directed, as in the last form.) 
 
150 PRACTICAL POEMS. 
 
 [ No. 200. ] 
 
 Notice of filing security for costs. 
 
 Sir : Please take notice, that tlie undertaking of wHcli the 
 within is a copy, has been duly filed in the office of the clerk 
 of this court, at the city of Albany. (Date and sign as in last 
 form.) 
 
 [ No. 201. j 
 
 Notice of trial at circuit. 
 
 (Title of action.) 
 
 Please to take notice, that the above action will be brought 
 to trial, (and an inquest taken therein,) at a circuit court ap- 
 pointed to be held in and for the county of Albany, at the 
 City Hall, in said city, on the first Monday of March next, at 
 the opening of the said court, or as soon thereafter as counsel 
 can be heard. Dated January 10, 1852. 
 Yours, &c., 
 
 M. E., Att'y for Plaintiff 
 • (or Defendant.) 
 
 To E. M., Esq., 
 
 Att'y for Defendant (or Plaintiff.) 
 
 [ No. 202. ] 
 
 Notice of trial hefore referees. 
 
 (Title of action.) 
 
 Please to take notice, that this action will be brought to a 
 hearing before G. H., the referee appointed herein, at his office, 
 in the city of Troy, on the tenth day of February next, at ten 
 o'clock in the forenoon of that day. (Date and sign as above.) 
 
PRACTICAL FORMS. 151 
 
 [ No. 203. ] 
 
 Notice of argument 
 
 (Title of action.) 
 
 Please to take notice, that the exceptions (or appeal, as the 
 the case may be,) in the above action, will be brought on for 
 argument before this court, at the next general (or special) 
 term thereof, to be held at the City Hall, in the city of Al- 
 bany, on the fourth day of February, 1852, at the opening of 
 court on that day, or as soon thereafter as counsel can be 
 heard. (Date and sign as in the usual form.) 
 
 [ No. 204. ] 
 
 Notice of application to a justice for a commission. 
 
 (Title of action.) 
 
 Sir : Please to take notice, that on an affidavit, of which 
 the within is a copy, (and upon the pleadings in this action,) 
 an application will be made to Mr. Justice Harris, at his 
 chambers, in the city of Albany, on the 20th inst., for an 
 order that a commission issue in this action, to be directed to 
 A. B., lawyer, of the city of Boston, authorizing him to ex- 
 amine, on oath, D. E., of the same place, as a witness on the 
 part of the defendant, (or plaintiff,) on interrogatories to be 
 annexed to the said commission, in which the plaintiff (or de- 
 fendant) will be at liberty to join. (Date, sign and direct as 
 in the usual form.) 
 
 [ No. 205. ] 
 Notice of attending justice to allow interrogatories. 
 
 (Title of action.) 
 
 Sir : Please to take notice, that the interrogatories, of which 
 
152 PRACTICAL, FORMS. 
 
 the within is a copy, will be presented to Hon. Ira Harris, at 
 his office, in the city of Albany, on the 10th day of Febru- 
 ary, 1852, for the settlement of the same. (Date, &c., in the 
 iisual form.) 
 
 [ No. 206. ] 
 
 Notice of motion for discovery of papers. 
 
 (Title of the action.) 
 
 Sir : Take notice, that on an affidavit (or petition) of which 
 the within (or the foregoing) is a copy, and upon the plead- 
 ings in this action, a motion will be made before Mr. Justice 
 Harris, at his office, in the city of Albany, at 10 o'clock in 
 the forenoon, on the 20th day of November, 1851, for an 
 order that plaintiff (or defendant) serve on the defendant (or 
 plaintiff) a copy of the contract (or papers) in said affidavit 
 mentioned, and for such other or further order as the justice 
 may deem fit. (Date and direct in usual form.) 
 
 [ No. 207. ] 
 
 Notice of settlement of exceptions, &c. 
 
 (Title of action.) 
 
 Sir: Take notice, that the exceptions (demurrer to evi- 
 dence, or special case or special verdict,) made and (herewith) 
 served on you in this action, will be settled before his Honor, 
 Mr. Justice Harris, at his office, in the city of Albany, on the 
 tenth day of July, 1851, at nine o'clock in the forenoon. 
 Albany, June 20, 1851. 
 
 Yours, &c., 
 
 H. M., Att'y for Plaintiff 
 To M. R., Esq., Att'y (or Defendant.) 
 
 for Defendant (or Plaintiff.) 
 
PBACTICAL FORMS. 153 
 
 [ No. 208. ] 
 
 Notice of decision ofjv^tice or referee. 
 
 (Title of action.) 
 
 Sir : Please to take notice, the witMn is a copy of the 
 decision made by the justice (or referees) in this action, and 
 that the said decision is (or wiU be) filed in the oifice of the 
 clerk of the county of Albany, and judgment entered thereon, 
 on- the fifth day of July next, at 12 o'clock, M. (Date, &c., 
 as above.) 
 
 [ No. 209. ] 
 
 Notice of taxation of costs. » 
 
 (Title of action.) 
 
 Sir : Please to take notice, that I shall apply to the clerk of 
 the county of Greene, at his office in the village of Catskill, 
 on the sixth day of September inst., at nine o'clock in the fore- 
 noon, to insert in the entry of judgment in this action the fore- 
 going (or within) sum of the charges for costs therein. (Date, 
 &c., in the usual form.) 
 
 [ No. 210. ] 
 
 Notice of render in discharge of hail. 
 
 (Title of action.) 
 
 Sir : Take notice, that the above-named defendant was this 
 day rendered (or did render himself) in discharge of his bail 
 in this action, and was thereupon committed by his honor, Mr. 
 Justice Watson, to the sheriff of the county of Columbia. 
 Hudson, October 10, 1851. 
 
 Yours, &c., 
 
 M. R, Defendant's Att'y. 
 To G. M., Plaintiff's Att'y. 
 
154 PRACTICAL FORMS. 
 
 [ No. 211. ] 
 
 Notice of countermand. 
 
 (Title of action.) 
 
 Sir : Take notice, that I hereby countermand the notice of 
 assessment of damages and adjustment of costs, (or of trial, or 
 of argument, or of motion for judgment,) heretofore given you 
 in this action. ISTew York, January 30, 1852. 
 Yours, &c., 
 
 L. P., Plaintiff's 
 
 (or Defendant's) Att'y. 
 Gr. H., Defendant's 
 
 (or Plaintiff's) Att'y. 
 
 [ No. 212. ] 
 
 Notice of appeal to the general term of the Supreme Court. 
 
 (Title of action.) 
 
 To E. L., clerk of Albany county, and A. Y., attorney for 
 plaintiff (or defendant) : 
 
 Gents : Please to take notice, that the defendant (or plain- 
 tiff) appeals from the judgment entered in this action, to the 
 general term of this (or the supreme) court. Said judgment 
 was entered for five hundred dollars, on the 20th of December, 
 1851. Albany, December 18, 1851. 
 Yours, &c., 
 
 M. E., Defendant's 
 
 (or Plaintiff's) Att'y. 
 A. Y., Plaintiff' 's 
 
 (or Defendant's) Att'y. 
 
 (or to E. L., Clerk of Albany county.) 
 
PBACTICAL POBMS. 155 
 
 [ No. 213. ] 
 
 Notice of examination of party out of court. 
 
 (Title of action.) 
 
 Sir : Take notice, that I will examine M . P., the defendant 
 (or plaintiff) in this action, before M. B., county judge of the 
 county of Greene, (or a justice of this court,) at his office in the 
 village of Catskill, on the first day of December next, at eleven 
 o'clock in the forenoon. 
 Troy, JSTovember 8, 1851. 
 
 Yours, &c., 
 
 M. E., Att'y for Plaintiff, 
 
 (or Defendant.) 
 J. G-., Att'y for Defendant (or Plaintiff.) 
 
 [ No. 214. ] 
 
 Notice of no -personal claim on defendant in foreclosure. 
 
 (Title of the action.) 
 
 To J. B., one of the above-named defendants .■ 
 Sir : The summons herewith served upon you in this ac- 
 tion, is issued upon a complaint praying the foreclosure of a 
 mortgage, executed by S. Y., and M. his wife, to C. K., on the 
 29th day of October, 1848, recorded in the Albany county 
 clerk's office, in book of mortgages No. 150, page 600, on the 
 80th day of October, 1848, for the sum of five hundred dol- 
 lars, with interest from that date, payable semi-annually, upon 
 the following described premises : (insert description, ) and no 
 personal claim is made against you, or against any defendant, 
 except the said defendant, S. V". 
 Dated December 12, 1851. 
 
 M. E., Plaintiff's Att'y, Albany. 
 
156 PRACTICAI, FORMS. 
 
 [ No. 215. ] 
 
 Notice of lis pendens in foreclosure. 
 
 (Title of the action.) 
 
 Notice is hereby given that an action has been commenced 
 in this court, upon a complaint of the above-named plaintiff, 
 against the defendants above named, for the foreclosure of 
 a mortgage bearing date the 29th day of Oct., 1848, execu- 
 ted by S. v., and M. his wife, to C. K., recorded in the Al- 
 bany county clerk's ofi&ce, in book of mortgages No. 150, 
 page 600 ; and that the premises mentioned in and affected 
 by said mortgages, were, at the time of the commencement 
 of this action, and the time of filing this notice, situated in 
 the sixth ward of the city of Albany, and are described in 
 the said mortgage as follows : (insert description of premises.) 
 Dated Albany, August 9th, 1850. 
 
 M. E., Plaintiff's Att'y. 
 
 [ No. 216.'] 
 Notice of lis pendens in partition. 
 
 (Title of the action.) 
 
 Notice is hereby given, that an action has been commenced 
 in this court, upon a complaint of the above-named plaintiff, 
 against the above-named defendants, for the purpose of ob- 
 taining a partition and division of the premises therein de- 
 scribed among the owners thereof, by commissioners to be 
 appointed for that purpose ; or for a sale thereof, under the 
 direction of this court, and for a division of the proceeds of 
 such sale among such owners, according to their several and 
 respective rights and interests therein ; which premises are 
 described in the said complaint as follows, to wit : (insert de- 
 scription.) 
 
 M. R., Plaintiff's Att'y. 
 
 December 5, 1851. 
 
PEACTICAX FOBMS. 157 
 
 [ No. 217. ] 
 
 Notice of no personal claim in partition. 
 
 (Title of action.) 
 To C. D., one of tlie above-named defendants : 
 Sir: Please to take notice, that the summons herewith 
 served upon you in this action is issued upon a complaint 
 praying the partition and division of the premises therein 
 described, among the owners thereof, by commissioners to 
 be appointed for that purpose ; or for a sale thereof, under 
 the direction of this court ; and for a division of the proceeds 
 of such sale among such owners, according to their several 
 and respective rights and interests therein. And no personal 
 claim is made against you, or against any of the defendants. 
 The premises sought to be divided, are described in the said 
 complaint herein as follows, to wit : (insert description.) 
 January 30, 1852. 
 
 A. B., Plaintiff's Att'y, 
 
 Albany. 
 
 ■') 
 
 [ No. 218. ] 
 
 Notice of substitution of attorney. 
 
 (Title of action.) 
 
 Take notice, that the undersigned has been substituted in 
 the place of A. B., Esq., as attorney for the above-named de- 
 fendant (or plaintiff) in this action. 
 Peb. 5, 1852. 
 
 Yours, &c., 
 
 N. A., Att'y for Defendant 
 (or Plaintiff.) 
 To G. C, Esq., Att'y for 
 
 Plaintiff (or Defendant.) 
 
158 PRACTICAL FORMS. 
 
 [ No. 219. ] 
 Notice of claim to surplibs moneys. 
 
 (Title of action.) 
 
 To R. L., clerk of the county of Albany, and to M. E., at- 
 torney for plaintiff: 
 
 Gents : Take notice, that -we, the subscribers, have a claim 
 on the surplus proceeds of the sale made on the 6th of Feb- 
 ruary instant, under an order in the above entitled action, and 
 that said claim amounts to one thousand dollars, and interest 
 thereon from the first day of December, 1850, by virtue of a 
 Ken under a judgment against (or mortgage given by) S. M., 
 the above defendant, while the said S. M. was the owner of 
 the equity of redemption in the mortgaged premises, and 
 before the commencement of this action, which lien is next in 
 priority after the mortgage of the complainant in this action. 
 
 Albany, February, 10, 1852. 
 
 A. B. 
 P. B., Attorney. C. D. 
 
 [ No. 220. ] 
 
 Notice of judge's order. 
 
 Take notice, that the within is a copy of an order made by 
 Mr. Justice Harris in the within entitled action. 
 January 30, 1852. Yours, &c., 
 
 R. M., Plaintiff's Att'y. 
 To J. H., Defendant's Att'y. 
 
 [ No. 221. ] 
 
 Demand to have the action tried in the proper county. 
 
 (Title of action.) 
 
 Sir : Please take notice, that the defendant hereby demands 
 
PRACTICAL FORMS. 159 
 
 tHat the trial of this action be had in the county of Orange, 
 instead, of the county of New York. 
 February 7, 1852. 
 
 Yours, &c., 
 
 M. E., Defendant's Att'y, 
 To A. B. Esq., Plaintiff's Att'y. Goshen. 
 
 [ No. 222. ] 
 Notice of offer to compromise. 
 
 (Title of action.) 
 
 Sir : Please to take notice, that the defendant hereby offers 
 to let judgment be entered against him, in favor of the plain- 
 tiff in this action, for the delivery to him, the said plaintiff, of 
 the following described property, being part of the property 
 mentioned in the complaint, viz : (here describe property par- 
 ticularly) or (for the sum of one hundred dollars,) together 
 with seven dollars costs and the disbursements in this action. 
 
 Deqember 20, 1851. 
 
 Yours, &c., 
 
 E. G., Defendant's Att'y. 
 
 To H. L., Esq., Plaintiff's Att'y. 
 
 [ No. 223. ] 
 Notice of acceptance of offer. 
 
 (Title of action.) 
 
 Sir : Take notice, that the plaintiff hereby accepts the offer 
 of the defendant, to let judgment be entered against him, the 
 said defendant, for one hundred dollars, together with seven 
 dollars costs and the disbursements herein. 
 
 December 24, 1851. 
 
 Yours, &c., 
 
 E. H., Plaintiff's Att'y. 
 K B., Esq., Defendant's Att'y. 
 
160 PRACTICAL FORMS. 
 
 [ No. 224. ] 
 
 Demand of copy of an account. 
 
 (Title of action.) 
 
 Sir: I hereby demand a (verified) copy of tlie items 
 alleged in the complaint (or set up in the defendant's answer) 
 in this action. 
 
 December 3, 1851. Yours, &c., 
 
 S. W., Att'y for Defendant, 
 To G. G. B., Esq., (or Plaintifif,) New York. 
 
 Att'y for Plaintiff (or Defendant.) 
 
 [ No. 225. ] 
 
 Notice to sheriff requiring delivery of personal property. 
 
 To the sheriff of the county of Greene : 
 Sir : Please take notice, that I hereby require you to take 
 the personal property mentioned and set forth in the within 
 affidavit, and deliver the same to the plaintiff in this action. 
 February 8, 1852. 
 
 Yours, &c., 
 
 M. A., Plaintiff's Att'y. 
 
 [ No. 226. J 
 
 Notice to sheriff of claim la personal property hy third person. 
 
 To L. B., Esq., sheriff of Greene county : 
 Take notice, that I claim the personal property heretofore 
 taken by you, and mentioned and described in the foregoing 
 affidavit, and require the delivery thereof to me. 
 February 9, 1852. 
 
 Yours, &c., 
 
 A. B. 
 
PRAOTICAIi FORMS. 161 
 
 [ No. 227. ] 
 Notice hy sheriff that a third person claims 'personal property. 
 
 Title of action.) 
 
 Sir : Please take notice, that A. B. claims the property 
 tjaken by me in this action, and that I require to be indemni- 
 fied by the plaintifif against such claim ; and without such 
 indemnity, I shall not deliver such property to the plaintiff, 
 or keep the same in my possession. 
 
 February 10, 1852. W. B., Sheriff. 
 
 To G. L., Esq., 
 
 the above-named Plaintiff's Att'y. 
 
 [ No. 228. ] 
 
 Notice to sheriff to return to defendant personal property. 
 
 (Title of action.) 
 
 To W. B., Esq., sheriff of Greene county : 
 I hereby require that you return to me the personal prop- 
 erty taken by you in this action. February 11, 1852. 
 
 Yours, &c., C. G., 
 
 by M. 0., Defendant's Att'y. 
 
 [ No. 229. ] 
 Notice of filing remittitur. 
 
 (Title of action.) 
 
 Sir : Please to take notice, that the remittitur in the above 
 action has been filed in the Albany county clerk's office, and 
 that judgment will be entered thereon, and costs taxed by the 
 clerk of the said county, on the 15th inst., at ten o'clock A. M. 
 
 February 3, 1852. 
 
 Yours, &c., 
 
 G. B., Att'y for AppeUant. 
 
 To E. M,, Esq., Att'y for Eespondent. 
 
 11 
 
162 PRACTICAL FORMS. 
 
 [ No. 230. ] 
 Notice of motion that defendant he discharged from arrest. 
 
 (Title of action.) 
 
 Sir : Please to take notice, that upon an affidavit, with a 
 copy whereof you are herewith served, a motion will be made 
 before his Honor, Justice Harris, at his office, in the city of 
 Albany, on the 20th inst., at ten o'clock A. M., that the de- 
 fendant in this action be discharged from arrest herein. 
 
 February 10, 1852. 
 
 Yours, &c., 
 
 M. R, Defendant's Att'y. 
 
 To E. B., Esq., Plaintiff's Att'y. 
 
 [ No. 231. ] 
 Notice of motion to set aside judgment on default as irregular. 
 
 (Title of action.) 
 
 Sir : Please to take notice, that upon the affidavit, with a 
 copy of which you are herewith served, this court will be 
 moved at the next special term thereof, to be held at the City 
 Hall, in the city of Albany, on the last Tuesday of February 
 instant, at the opening of the court, that the judgment entered 
 by default against the defendant in this action, and all subse- 
 quent proceedings therein, be set aside for irregularity. 
 
 February 2, 1852. 
 
 Yours, &c., 
 
 L. B., Defendant's Att'y. 
 
 M. A., Esq., Plaintiff's Att'y. 
 
 [ No. 232. ] 
 
 Notice of motion to strike out counts in a pleadiiig. 
 
 (Title of action,) 
 
 Take notice, upon an affidavit, a copy of which you are 
 
PRACTICAL FORMS. 163 
 
 herewitli served, and upon all the papers heretofore served in 
 this action, this court will be moved at the next special term 
 thereof, to be held at the Oity Hall, in the city of Albany, on 
 the last Tuesday of January inst., at the opening of the court, 
 that the fourth, fifth and sixth folios of the plaintiff's com- 
 plaint (or the defendant's answer) herein, be stricken out as 
 irrelevant (or redundant.) 
 January 10, 1852. 
 
 Yours, &c., 
 
 M. C, Att'y for Plaintiff 
 
 (or Defendant.) 
 To A. B., Esq., Att'y for Defendant 
 
 {or Plaintiff.) 
 
 [ No. 233. ] 
 
 Notice of motion for leave to amend pleading. 
 
 (Title of the action.) 
 
 Sir: Take notice, that upon an affidavit and proposed 
 amended answer, (complaint or reply,) copies of which you 
 are herewith served, and upon the pleadings served in this 
 action, a motion will be made at the next special term of this 
 court, to be held at the City Hall, in the city of Albany, on 
 the last Tuesday of January inst., at the opening of court, 
 for leave to serve an amended answer, (complaint or reply) 
 in this action, or for such other and further order as the court 
 may grant. 
 
 January 5, 1852. 
 
 Yours, &c., 
 
 G. W., Att'y for Defendant 
 
 (or Plaintiff,) Albany. 
 To W. G-., Esq., Att'y 
 
 for Plaintiff (or Defendant.) 
 
164 PEACTIOAL FORMS. 
 
 [ No. 234. ] 
 
 Notice of motion for leave to serve supplementary pleading. 
 
 (Like the last form, -witL. the exception of substituting the 
 word " supplementary" in place of " amended.") 
 
 [ No. 235. ] 
 Notice of motion to consolidate actions. 
 
 (Titles of all the actions.) 
 
 Sir : Please to take notice, that on the first Monday of 
 March next, at a special term of this court, to be held at the 
 City Hall, in the city of Albany, at ten o'clock A. M., a 
 motion will be made that all these action be consolidated into 
 one, upon such terms and conditions as the court shall direct, 
 and this motion will be founded on an affidavit, a copy of 
 which is herewith served, together with the pleadings in the 
 said several actions. 
 
 Pated February 10, 1851. 
 
 A. C, Att'y for Defendant, 
 
 To B. E., Esq., Albany. 
 
 Att'y for Plaintiff. 
 
 [ No. 286. ] 
 Notice of motion to change place of trial. 
 
 (Title of action.) 
 
 Sir : Please to take notice, that upon an affidavit of which 
 the foregoing is a copy, and upon the pleadings in this action, 
 this court will be moved at the next special term thereof, to 
 be held at the City Hall, in the city of Albany, on the last 
 
PRACTIOAl FORMS. 165 
 
 Tuesday of February inst., at ten o'clock A. M., that the place 
 of trial in this action, be changed from the county of Albany 
 to the county of New York. 
 February 3, 1852. 
 
 Yours, &c., 
 
 B. P., Defendant's Att'y, 
 New York. 
 To C. G., Esq., Plaintiff's Att'y. 
 
 [ No. 237. ] 
 Notice of motion for judgment on frivolous answer or demurrer. 
 
 (Title of action.) 
 
 Sir : Please to take notice, that I shall apply to Hon. Ira 
 Harris, a justice of this court, at his office in the city of Al- 
 bany, on the 14th day of Feb. inst., at 9^ A. M., for judgment 
 upon the demurrer (or answer) in this action, for the frivol- 
 ousness thereof^ (and if judgment is rendered for the plaintiff 
 thereon, the costs will be taxed forthwith by the clerk of Al- 
 bany county, at his office in the City Hall in said city.) 
 
 Albany, February 6, 1852. 
 
 Yours, &c. 
 
 G-. M., Att'y for Plaintiff. 
 
 To B. S., Esq., Att'y for Defendant. 
 
 [ No. 238. ] 
 
 Notice of motion for reference. 
 
 (Title of action.) 
 
 Sir : Please to take notice that upon an affidavit, of which 
 the within is. a copy, this court will be moved, at the next 
 special term thereof, to be held at the City Hall, in the city 
 of Albany, on the last Tuesday of Feb. inst., at 10 A. M. ;* 
 
166 PRACTICAL FORMS. 
 
 that this action be referred to J. K., B. A. and Gr. Y. Al- 
 bany, February 2, 1852. 
 
 Yours, &c., 
 
 B. K, Att'y for Defendant 
 (or Plaintiff.) 
 To W. Z., Esq., Att'y for Plaintiff 
 
 (or Defendant.) 
 
 [ No. 239. ] 
 
 Notice of motion for special jury. 
 
 (As in the last form to the *, then as follows :) that the issue 
 in this action be tried by a struck jury. (Dated, &c., as in 
 last form.) 
 
 [ No. 240. ] 
 
 Notice of motion for a foreign jury. 
 
 (As in last form but one to the *, and then as follows :) that 
 the issue of this action be tried by a jury of the county of 
 Greene. (Date, &c., as above.) 
 
 [ No. 241. ] 
 
 Notice of motion to set aside report of referee. 
 
 (Title of action.) 
 
 Sir : Please to take notice, that upon affidavits, copies of 
 which you are herewith served, this court will be moved, at 
 the next term thereof, to be held at the City Hall, in the city 
 of Albany, on the first day of March next, at the opening of 
 court on that day, or as soon as counsel can be heard, * that 
 
PRACTICAL FORMS; 167 
 
 the report of the referees in this action be set aside with costs. 
 Troy, February 10, 1852. 
 
 Yours, &c., 
 
 Y. G., Att'y for Defendant 
 
 (or Plaintiff.) 
 To C. B., Esq., Att'y for Plaintiff 
 
 (or Defendant.) 
 
 [ No. 242. ] 
 
 Notice of motion for costs of circuit. 
 
 (Title of action.) 
 
 (As in the last to the *, then as follows :) for an order that 
 the defendant in this action be allowed his costs of attending 
 prepared for the trial of this action, at the last_ term of the 
 Circuit Court, which was held at the court-house in Schenec- 
 tady, on the first Monday of December last, pursuant to a 
 notice of trial given by the attorney for the above-named 
 plaintiff. (Dated as in last form.) 
 
 [ No. 243. ] 
 
 Notice of motion for a commission. 
 (Title of action.) 
 
 Sir: Please to take notice, that on the affidavit, a copy 
 whereof you are herewith served, and on the pleadings served 
 herein, a motion will be made before the Hon. Ira Harris, one 
 of the judges of this court, at his chambers in the city of 
 Albany, on the 8th day of March, 1852, at 10 o'clock A. M., 
 that a commission issue in this action, to be directed to S. B., 
 of Hoboken, state of New Jersey, counselor at law, author- 
 izing him to examine on oath, C. S., of Hoboken aforesaid, 
 as a witness in this action, on behalf of the plaintiff, on in- 
 terrogatories to be annexed to such commission, in which de- 
 fendants will be at liberty to join. February 28, 1852. 
 
 Yours, &c., H. v., Plaintiff's Att'y. 
 
 To C. B., Esq., Defendant's Att'y. 
 
168 PRACTICAL FORMS. 
 
 [ No. 244. ] 
 Notice of Tfiotion for judgment, as in case of nonsuit. 
 
 (Title of action.) 
 
 Take notice, that on affidavits of wliicli the within are 
 copies, this court will be moved at the next special term 
 thereof, to be held at the City Hall, in the city of Albany, 
 on the last Tuesday of December instant, at the opening of 
 court, or as soon thereafter as counsel can be heard, * for 
 judgment, as in case of nonsuit in this action, by reason of 
 the plaintiff's failing to proceed to trial according to the stat- 
 ute, and the rules and practice of this court. 
 
 December 5, 1851. 
 
 Yours, &c., 
 
 B. P., Defendant's Att'y. 
 
 M. 0., Esq., Plaintiff's Att'y. 
 
 [ No. 245. ] 
 
 Notice of motian, to set aside verdict, and for a new trial for 
 irregularity. 
 
 (As in the last form to the *, then as follows): that the 
 verdict rendered in this action, be set aside for irregularity, 
 with costs, and that a new trial be ordered, (or for such other 
 or further order as the court may direct.) (Date, &c., as in 
 the last form.) 
 
 [ No. 246. ] 
 
 Notice of motion to set aside inquest for irregulariti/. 
 
 ■t 
 (As in the last form to the *, then the following :) that the 
 
 inquest taken in this action, and all proceedings on the part 
 of the plaintiff, subsequent to the same, be set aside for ir- 
 regularity, with costs. (Date, &c., as last form.) 
 
PEACTICAL FORMS. 169 
 
 [ No. 247. ] 
 Notice of motion to set aside regular inquest. 
 
 (As in the last form to the *, then) that the inquest here- 
 tofore taken in this action, be set aside, upon such terms as 
 to the court shall seem just. (Date, &c., as above.) 
 
 [ No. 248. ] 
 Notice of motion to set aside nonsuit, and for new trial. 
 
 (Title of action.) 
 
 Sir : Please to take notice, that upon the case, with a copy 
 of which you are herewith served, this court will be moved 
 at the next term thereof, to be held at the City Hall, in the 
 city of Troy, on the first Monday of March next, on the open- 
 ing of court on that day, that the judgment of nonsuit entered 
 in this action, be set aside, and a new trial granted, or for 
 such other or further rule as the court may direct. 
 
 Troy, February 6, 1852. 
 
 Yours, &c., 
 
 E. W., Att'y for Plaintiff. 
 
 W. M., Esq., Att'y for Defendant. 
 
 [ No. 249. ] 
 
 Notice of motion to stay proceedings till security for costs is filed. 
 
 (Title of action.) 
 
 Sir : Please to take notice, that on affidavits, copies of which 
 you are herewith served, this court will be moved at the next 
 special term thereof, to be held at the City Hall, in the city of 
 Troy, on the first day of March next, at the opening of court, 
 that all proceedings in this action be * stayed, until the eecu- 
 
170 PRACTICAL FORMS. 
 
 rity be given for the payment of costs herein. Troy, Feb- 
 ruary 5, 1862. 
 
 Yours, &c., 
 
 A. W., Defendant's Att'y. 
 To P. Q., Esq., Plaintiff's Att'y. 
 
 [ No. 250. ] 
 
 Notice of motion to set aside all proceedings as irregular, 
 
 (As in the last form to the * then as follows :) set aside for 
 irregularity with costs. (Date, &c., as in the last form.) 
 
 [ No. 251. ] 
 
 Notice of motion in arrest of judgment. 
 
 (Title of action.) 
 
 Sir : Please take notice, that on the fourth day of January, 
 1852, at ten o'clock A. M., at the City Hall, in the city of 
 Albany, this court wiU be moved for an order, directing an 
 arrest of judgment to be entered in this action, and which 
 motion wiU be founded on the record and proceedings on file 
 in this action. 
 
 Troy, December 10, 1851. 
 
 Yours, &c., 
 
 A. E., Defendant's Att'y. 
 
 S. G. B., Esq., Plaintiff's Att'y. 
 
PRACTICAL FORMS. 171 
 
 [ No. 252. ] 
 
 Notice of motion to set aside judgment and execution and restore 
 money levied. 
 
 (Title of action.) 
 
 Sir : Please to take notice, that iipon affidavits, copies of 
 wKich you are herewith served, this couft will be moved at 
 the next special term thereof, to be held at the City Hall, in 
 the city of Albany, on the last Tuesday of January, 1852, 
 for an order that * the judgment in this action and the 
 execution issued thereon be set aside for irregularity, with 
 costs ; and that the moneys levied in this action be restored, 
 with interest from the time of such levy. 
 
 Albany, January 5, 1852. 
 
 Yours, &c., 
 
 A. B., Defendant's Att'y. 
 
 To B. A., Esq., Plaintiff's Att'y. 
 
 [ No. 253. ] 
 
 Notice of motion for have to issue execution. 
 
 (As in the last form to the *, then) that the plaintiff have 
 leave to issue execution on the judgment in this action. 
 Albany, January 6, 1852. 
 
 Yours, &c., 
 
 B. C, Plaintiff's Att'y. 
 To M. P., Esq., Defendant. 
 
 [ No. 254. ] 
 Notice of motion to dissolve injunction. 
 (As in the last form to the *, then) that the injunction is- 
 
172 PRACTIOAIi FORMS. 
 
 sued in thia action be dissolved, with, costs ; and for such 
 other or further order as the court may grant. 
 Hudson, January 2, 1852. 
 
 Yours, &c., 
 
 J. H., Defendant's Att'y. 
 To H. B., Plaintiff's Att'y. 
 
 [ No. 255. ] 
 Notice of motion to appoint guardian for infant defendant. 
 
 (Title.) 
 
 Take notice, that upon an aifidavit of which the foregoing 
 (or the within) is a copy, and upon the summons and (notice 
 of object of action) or complaint in the above entitled action, 
 copies of which were heretofore served on you, a motion will 
 be made at the next special term of this court, appointed to be 
 held in the City Hall, in the city of Albany, on the last Tues- 
 day of February, 1858, at the opening of court on that day, or 
 as soon thereafter as counsel can be heard, for an order ap- 
 pointing a guardian for the within named infant in said action, 
 and for such other or further order or rehef, as to the court 
 may seem meet. 
 
 Albany, February 10, 1858. 
 
 Yours, &c., 
 
 B. P., Plaintiff's Att'y. 
 
 To S. M. and M. M. 
 
 [ No. 256. ] 
 Notice of motion for leave to issue execution. 
 
 To the above-named defendants : 
 
 Take notice, that upon an affidavit of which the foregoing 
 (or the within) is a copy, a motion will be made at the next 
 special term of this court, appointed to be held in the court- 
 
PRAOTIOAl FORMS. I73 
 
 house at Plattsburgh, on the third Tuesday of March, 1858, 
 at the opening of court on that day, or as soon thereafter as 
 counsel can be heard, for an order that the plaintiff haye leave 
 to issue execution on the judgment in this action. 
 Saratoga, March 1, 1858. 
 
 Yours, &c., 
 
 L. L. B., Plaintiff's Att'y. 
 To Messrs. B. P. and E. F. 
 
 [ No. 257. ] 
 
 Notice of entry of judgment. 
 
 (Title of action.) 
 
 Sir : Take notice, that a judgment in the above entitled ac- 
 tion for four hundred and fifty dollars damages and costs, in 
 favor of the above plaintiff, and against the above-named de- 
 fendant, was entered in the ofi&ce of the clerk of the county of 
 Madison, on the thirteenth day of March, 1858. 
 
 Yours, &c., 
 
 E. S., Defendant's Att'y, 
 (or S. D., Defendant.) 
 
 B. B., Plaintiff's Att'y. 
 
 [ No. 258. ] 
 
 Notice of motion for leave to amend pleading, 
 
 (Title of the action.) 
 
 Sir : Take notice, that upon the foregoing (or within) aflSda- 
 vit, and upon the pleadings served in this action, a motion 
 will be made at the next special term of this court, to be held 
 at the court-house in the city of Hudson, on the ninth day of 
 January, 1858, for leave to serve an amended complaint, (or 
 answer or reply,) a copy of which is hereto annexed, or for 
 
174 PRACTICAL FORMS. 
 
 sucli other or further order, as to the court may seem just and 
 proper. 
 . New York, December 10, 1857. 
 Yours, &c., 
 
 B. B., Plaintiff's (or Defendant's) Att'y. 
 To C. B., Esq., Defendant's 
 
 (or Plaintiff's) Att'y. 
 
 [ No. 259. ] 
 
 Notice of motion to strihe out part of pleading. 
 
 (Title of action.) 
 
 Sir : Please to take notice, that at the next special term of 
 this court, to be held at the court-house in the city of Sche- 
 nectady, on the 23d day of February, 1858, a motion will be 
 made to strike out the third count in the complaint (or an- 
 swer) or so much of said complaint (or answer,) as follows : 
 (here set out the part to be stricken out,) and which motion 
 will be made upon the pleadings and all papers served in this 
 action. 
 
 February 10, 1858. 
 
 Yours, &c., 
 
 S. H., Plaintiff's (or defendant's) Att'y. 
 To A. B., Esq., Defendant's 
 
 (or Plaintiff's) Att'y. 
 
 [ No. 260. ] 
 
 Notice of motion to continue action. 
 
 (Title of action.) 
 
 Take notice, that upon a petition, (or affidavit,) a copy of 
 which is herewith served, a motion will be made, at a special 
 term of this court, to be held at the court-house in the city of 
 Schenectady, on the 15th day of March, 1858, for an order 
 that the said action may be continued against G. H., the ad- 
 
PRACTICAL FORMS. 175 
 
 ministrator of the above-named defendant, (or E. F., the sole 
 and only heir at law of the said defendant.) 
 Albion, March 1, 1858. 
 
 Yours, &c., 
 
 To. G-. H., Esq., Administrator, 
 (or E. L., Esq.) 
 
 P. M., Plff's Att'y. 
 
 [ No. 261. ] 
 Notice of examining party as a witness. 
 
 (Title of action.) 
 
 To E. B., Esq., Plff's (or Deft's) Att'y : 
 Sir : Take notice, that on the trial of this action, the plain- 
 tiff (or defendant) intends to be examined in his own behalf, 
 as to (here state particularly the point on which the examina- 
 tion is to be had), and as to each of the allegations in the 
 pleadings in this action. 
 
 Yours, &c., 
 
 B. A., Plff's (or Deft's) Att'y. 
 
 [ No. 262. ] 
 Notice of sale of real estate in partition. 
 
 Supreme Court — 
 
 Oswego County. 
 
 A. B. 1 
 
 vs. > 
 
 E. D. and C. F. ) 
 
 In partition. By virtue and in pursuance of a judgment 
 recovered in the above entitled action, on the 20th day of 
 January, 1858, I, the subscriber, referee for that purpose, 
 shall sell at public auction, on the third day of April, 1858, 
 at the rotunda in the Merchants' Exchange, Albany, at twelve 
 
176 PRACTICAI- FORMS. 
 
 o'clock, noon, of tliat day, the following described pieces of 
 real property : (describe premises.) 
 
 L. S., Eeferee, Albany. 
 B. B., Plff's Att'y. 
 
 [ No. 263. ] 
 
 Notice of sale of real estate in foreclosure. 
 
 (Title of action,) 
 
 In pursuance and by virtue of a judgment of foreclosure 
 and sale, made in the above entitled action on the fifth day of 
 January, 1858, the subscriber, referee, for that purpose duly 
 appointed, for such purpose wUl sell, at the court-house in 
 Schenectady, on the thirtieth day of March, 1858, at ten 
 o'clock in the forenoon of that day, the real estate and mort- 
 gaged premises directed by said judgment to be sold, and 
 therein described as follows : All (describe premises, each lot 
 separately.) 
 
 January 6, 1858. 
 "P. Q., Plff's Att'y. 
 
 H. E., Eeferee, Schenectady. 
 
 [ No. 264. ] 
 
 Notice to 'produce proof of liens and incumbrances in partition 
 for publication. 
 
 (Title of action.) 
 
 In pursuance and by virtue of an order of this court, made 
 in the above action on the sixteenth day of December, 1857, 
 notice is hereby given to all persons having any general lien 
 or incumbrance by mortgage, judgment, decree or otherwise, 
 on the undivided share or interest of any of the owners in the 
 premises hereinafter described, to produce to me, the under- 
 signed, referee, duly appointed by said order, on or before 
 the tenth day of March, 1858, at my office, in the city of Al- 
 
PEAOTICAX FORMS. 177 
 
 bany, proof of their respective liens and incumbrances, to- 
 gether with satisfactory evidence of the amount due thereon, 
 and to specify the nature of such incumbrances, and the dates 
 thereof, respectively. The said premises are described in tha 
 complaint in said action as follows, viz : (describe premises.) 
 
 B. C, Eeferee, Albany. 
 
 [ No. 265. ] 
 
 Notice of motion for reference to obtain surplus moneys. 
 
 (As in the last form to the *, then) it be referred to A. B., 
 Esq., of the city of Albany, a counselor of this court, to 
 ascertain and report the amount due the said M. B., or to any 
 other person, which is a lien upon such surplus moneys, and 
 as to the priorities of the several liens thereon. 
 Albany, January 5, 1852. 
 
 Yours, &c., 
 
 K. C, Att'y for Defendant, C. D. 
 To W. M., Esq., Plaintiff's Att'y. 
 
 [ No. 266. ] 
 
 Notice of motion to strike cause from the calendar for not serving 
 
 papers. 
 (Title of action.) 
 
 Take notice, that upon the affidavit, of which the within is 
 a copy, this court will be moved on the fifteenth day of Feb- 
 ruary instant, at the Capitol, in the city of Albany, at the 
 opening of court, that this action be stricken from the calen- 
 dar, and that judgment be rendered in favor of the respon- 
 dent, with costs. 
 
 Albany, February 2, 1852. 
 
 Yours, &c., 
 
 S. G., Att'y for Respondent. 
 M. B., Esq., Att'y for Appellant. 
 
 12 
 
178 PRACTICAL FORMS. 
 
 [ No. 267. ] 
 
 Notice of motion for a mandamus. 
 
 To (insert name of party proceeded against :) 
 Take notice, that upon affidavits, copies of wWcIl are here- 
 ■witli served, a motion will be made at the next special term 
 of the Supreme Court, to be held at the City Hall, in the city 
 of Albany, on the last Tuesday of January instant, at the 
 opening of the court on that day, or as soon thereafter as 
 counsel can be heard, for a writ of mandamus to be directed 
 to (set forth whom) coipmanding that (here state the object of 
 the writ.) 
 
 Albany, January 3, 1852. 
 
 Yours, &c., 
 
 B. B., Att'y for J. G. 
 
 [ No. 268. ] 
 Notice of Tnoiion to vacate order of arrest. 
 
 (Title of action.) 
 
 Sir : Please take notice, upon an affidavit, of which the 
 within is a copy, and upon all the papers filed and served in 
 this action, a motion will be made before his Honor, Mr. Jus- 
 tice Harris, at his office, in the city of Albany, on the tenth 
 day of February instant, at ten o'clock in the forenoon, to 
 vacate the order of * arrest in this action. 
 
 Albany, February 3, 1852. 
 
 Yours, &c., 
 
 G. B., Att'y for Defendant. 
 
 M. R, Esq., Plaintiff's Att'y. 
 
PRACXICAL FOBMS. X79 
 
 [ No. 269. ] 
 
 Notice of motion to discharge attachment. 
 
 (As in the last form to the * and then as follows;) of 
 attachment in this action. (Date, &c., as above.) 
 
 [ ISTo. 270. ] 
 Notice of motion for injunction and appointment of receiver, 
 
 (Title of action.) 
 
 Sir: Please take notice, that upon affidavits, copies of 
 which you are herewith served, and upon the papers and 
 pleadings served and filed in this action, this court will be 
 moved at the next special (or general) term thereof, to be held 
 at the City Hall, in the city of Albany, on the first Monday 
 of March next, at the opening of court, for an order that an 
 injunction issue herein and for the appointment of a receiver 
 of the rents and profits of the estate of the defendant men- 
 tioned in the pleadings in this action, 
 
 Albany, February 3, 1852. Yours, &c., 
 
 A. B., Plaintiff's Att'y. 
 
 To C. G., Esq., Defendant's Att'y. 
 
 [ No. 271. ] 
 
 Order for the appointment of guardian for an infant plaintiff. 
 
 On reading and filing the within petition of E. G., the pe- 
 titioner being of the age of fourteen years and upwards, 
 praying the appointment of B. K. as his guardian, it is here- 
 by ordered that the said B, K. be, and he hereby is appointed 
 guardian to prosecute an action in the Supreme Court, against 
 the within P, K December 10, 1851. 
 
 A. J, PARKER. 
 
180 PRACTICAi FORMS. 
 
 [ No. 272. ] 
 
 Order for appointment of guardian for infant defendant. 
 
 On reading and filing the petition of G. W., plaintiff in the 
 within entitled action, (or of C. D., the within named defend- 
 ant,) praying the appointment of some suitable and proper 
 person, as the guardian of the said C. I)., defendant in said 
 action, I do hereby appoint C. E., of the city of Schenectady, 
 an attorney of this court, the guardian of said C. D., to de- 
 fend the said action. January 5, 1852. 
 
 lEA HAEKIS. 
 
 [ No. 273. ] 
 
 Another form. 
 
 I do hereby appoint A. B., Esq., of the city of Troy, as 
 guardian of B. P., the within named defendant, to defend the 
 within entitled action. Albany, February 6, 1852. 
 
 A. J. PAEKEE. 
 
 [ No. 274. ] 
 Order to arrest and hold to hail. 
 
 (Title of action.) 
 
 To the sheriff of the county of Greene : 
 
 You are required forthwith to arrest the defendant in this 
 action, and hold him to bail in the sum of five thousand dol- 
 lars, and to return this order to A. B., plaintiff's attorney, at 
 Albany, on or before the fifth day of March, one thousand 
 eight hundred and fifty-two. Dated February 10, 1852. 
 
 A. J. PAEKEE. 
 A. B., Plaintiff's Att'y. 
 (Indorsed, " By order of the court." E. L., Clerk.) 
 
PRACTICAL FORMS. 181 
 
 [ No. 275. ] 
 Order for mitigation of hail. 
 
 (Title of action.) 
 
 Let the baLL taken (or to be taken) by tbe sheriff on tlie 
 order issued to tKe sberiff, in this action, be mitigated or re- 
 duced to one hundred dollars. 
 
 Dated February 11, 1852. 
 
 A. J. PAEKBE. 
 
 (Indorsed, " By order of the court." E. L., Clerk.) 
 
 [ No. 276. ] 
 Order for a committitur on surrender ofbaiL 
 
 (Title of action.) 
 
 The defendant, on the prayer (or in his own prayer,) and 
 for the indemnity of his sureties, is committed to the custody 
 of the sheriff of the city and county of Albany, at the suit of 
 the plaintiff in the above action. 
 
 February 6, 1852. 
 
 A. C. PAIGE. 
 
 [ No. 277. ] 
 Order to show cause why an exoneretur should not he entered^ 
 
 It appearing to me that the defendant in this action has 
 been committed to and remains in the custody of the sheriff 
 of the county of Schenectady, let the plaintiff show cause be- 
 fore me at my chambers in the city of Albany, on the third 
 day of January instant, at ten o'clock in the forenoon, why 
 the bail of the said defendant should not be exonerated from 
 their liability. 
 
 January 1, 1852. A. J. PAEKEE. 
 
182 PHACTICAL^ FORMS. 
 
 '[ No. 278. ] 
 Order for exoneretur. 
 
 (Title of action.) 
 
 On motion, of E. K., Esq., of counsel, on the part of the 
 following named bail, and after hearing D. W., Esq., for plain- 
 tiff, (or no one appearing for plaintiff,) it is hereby ordered 
 that A. B. and C. D., the bail in this action, be exonerated. 
 
 January 3, 1852. 
 
 D. CADY. 
 
 [ No. 279. ] 
 
 Another form. 
 
 Let A. B., and C. D., the within named bail, be and the 
 same are hereby exonerated. 
 January 3, 1852. 
 
 A. J. PAEKEE. 
 
 [ No. 280. ] 
 Order to furnish copy contract, or other papers. 
 
 (Title of action.) 
 
 It is hereby ordered that the plaintiff (or defendant) in this 
 action famish to the defendant (or plaintiff) herein, •within 
 two days after service of this order, an inspection and copy 
 of the contract on which said action is brought (or the paper 
 mentioned in the affidavit used on this motion) or, (on which 
 recoupment is claimed) (and that ten dollars costs be allowed 
 to abide the event of this action.) 
 
 December, 10, 1851. 
 
 lEA HAEEIS. 
 
PEACTICAl: FORMS. 188 
 
 [ No. 281. ] 
 Alternative order to file security for costs. 
 
 (Title of action.) 
 
 Let the plaintiff in this action iile security for costs herein, 
 within fifteen days after service of a copy of this order, or 
 show cause before me, at my office, on the eighteenth inst., at 
 ten o'clock A. M., why the same is not done, and in the mean- 
 time let all proceedings on the part of the plaintiff be stayed. 
 
 January 2, 1852. 
 
 A. J. PAEKEE. 
 
 [ No. 282. ] 
 Peremptory order to file security for costs. 
 
 (Title of action.) 
 
 A copy of the order to show cause this day, why the plain- 
 tiff in this action should not file security for costs according 
 to the statute, having been regularly served by the plaintiff's 
 attorney, and no cause having been shown why the same 
 should not be done ; let all proceedings in this action be 
 stayed until such security be filed, and the sureties justify, if 
 excepted to. 
 
 January 28, 1852. 
 
 A. J. PAEKEE. 
 
 [ No. 283. ] 
 Order for further time to put in complaint, answer or reply. 
 
 (Title of action.) 
 
 Let the time to serve the complaint (answer or reply) in 
 the above action, be extended twenty days. 
 
 Albany, February 10, 1852. 
 
 lEA HAEEIS. 
 
184 PRACTICAIi POEMS. 
 
 [ No. 284. ] 
 Alternative order for bill of particulars of plaintiff^ s demand. 
 
 (Title of action.) 
 
 Let the plaintiff's attorney deliver to the defendant's attor- 
 ney in writing, a bill of the particulars of plaintiff's demand 
 in this action, by the tenth day of February inst., at twelve 
 o'clock, M., or show cause before me at that time, at my office, 
 in the city of Albany, why the same should not be so deliv- 
 ered ; and in the meantime let all further proceedings on the 
 part of the plaintiff in this action be stayed. 
 
 February 1, 1852. 
 
 A. J. PAEKBE. 
 
 [ No. 285. ] 
 Peremptory order for hill of plaintiffs particulars. 
 
 {Title of action.) 
 
 Let the plaintiff's attorney give to the defendant's attorney 
 a bill of particulars of plaintiff's demand in this action, and 
 in the meantime let all further proceedings in this action be 
 stayed. 
 
 February 10, 1852. 
 
 A. J, PAEKEE. 
 
 [ No. 286. ] 
 
 Alternative order for defendants hill of particulars of set-off. 
 
 (Title of action.) 
 
 Let the defendant's attorney give the plaintiff's attorney in 
 writing, a bill of particulars of the defendant's set-off, as 
 claimed in his answer in this action, by the twelfth day of 
 February inst., at nine o'clock A. M., or show cause before 
 me at my office, in the city of Albany, at that time, why it 
 
PRACTICAL FOEMS. 186 
 
 should not be so giren, and in tlie meantime all further pro- 
 ceedings herein to be stayed. 
 
 Albany, February 3, 1852. IKA HARRIS. 
 
 [ No. 287. ] 
 Peremptory order for defendants set-ofi. 
 
 (Title of action.) 
 
 Let the defendant's attorney give to the plaintiff's attorney 
 a bill of the particulars of set-off, claimed by the defendant 
 in this action, and all further proceedings in the meantime to 
 be stayed. 
 
 February 12, 1852. IRA HARRIS. 
 
 [ No. 288. ] 
 
 Order that plaintiff furnish further and more particidar hill of 
 particidars of demand. 
 
 (Title of action.) 
 
 Let the plaintiff's attorney give to the defendant's attorney, 
 a further bill of particulars of plaintiff 's demand in this ac- 
 tion, specifying particularly the times and amounts of each 
 of the items in the said bill claimed, -within ten days after 
 service of this order, and in the meantime all further proceed- 
 ings herein to be stayed. 
 
 February 15, 1852. IRA HARRIS. 
 
 [ No. 289. ] 
 
 Order for a commission. 
 
 (Title of action.) 
 
 On reading and filing notice and affidavit herein, and on 
 motion of M. R., Esq., for the plaintiff, (or defendant,) and 
 
186 PEACTIGAL FORMS. 
 
 after hearing E. M., Esq., attorney for defendant, (or plaintiff,) 
 ordered, that a commission issue to examine P. C, of the city 
 of Boston, state of Massachusetts, on interrogatories to be an- 
 nexed to such commission, and that the defendant (or plain- 
 tiff) be at liberty to join in such commission ; and that the 
 same may be returned by mail, addressed to the clerk of the 
 county of Albany, (where the place of trial is laid ;) and that 
 the trial of the cause be stayed until the return of such com- 
 mission ; and that such commission be directed to P. B., Esq., 
 counselor of law in the said city of Boston. 
 November 20, 1851. 
 
 D. CADY. 
 
 [ No. 290. ] 
 Order to stay proceedings. 
 
 Let all the proceedings on the part of the plaintiff (or de- 
 fendant) in the action in the within af3Bidavit mentioned, be 
 stayed for fifteen days from and after the service of this order. 
 
 October 10, 1851. 
 
 D. CADY. 
 
 [ No. 291. ] 
 
 Order for judgment debtor to make discovery on return of execu- 
 tion unsatisfied, and forbidding tra')isfer of property. 
 
 (Title of action.) 
 
 It appearing to me that judgment has been recovered in 
 the above action in favor of said plaintiff against said defend- 
 ant, and that an execution against the property of the said 
 judgment debtor has been duly issued to the sheriff of the 
 proper county upon the judgment herein, and that such exe- 
 cution has been returned by said sheriff wholly (or in part) 
 unsatisfied, and that such judgment still remains unpaid : 
 
 I do hereby order and require the said defendant to appear 
 
PRACTICAL FORMS. 187 
 
 before me, at my office, in the city of Schenectady, on the 
 10th inst., at ten o'clock in the forenoon, to make discovery 
 on oath concerning his property. And the said defendant is 
 hereby forbidden to transfer, dispose of, or in any manner to 
 interfere with any property, moneys, or things in action be- 
 longing to him, until further order in the premises. 
 January 5, 1852. 
 
 J. A., County Judge. 
 
 [ No. 292. ] 
 
 Order to examine third persons as to property of a judgment 
 debtor. 
 
 (Title of action.) 
 
 It appearing to me that an execution against the property 
 of the above-named defendant has been duly issued to the 
 sheriff of the proper county, upon the judgment herein, and 
 returned unsatisfied, and that A. B., Esq., has property of the 
 judgment debtor, or is indebted to him in an amount exceed- 
 ing ten dollars, I do hereby require the said A. B. to appear 
 before me at my of&ce, in the city of Schenectady, on the 
 twentieth inst., at ten o'clock in the forenoon, and be exam- 
 ined concerning the same. (Add clause forbidding payment 
 or transfer, if necessary.) 
 
 October 8, 1851. 
 
 J. B., Schenectady Co. Judge. 
 
 [ No. 293. ] 
 
 Order for receiver of judgment debtor'' s property. 
 
 (Title of action.) 
 
 An order having been heretofore duly made by me, pur- 
 suant to the 294th section of chapter II, title IX, of the Code 
 of Procedure, requiring E. H., alleged to be indebted to the 
 
188 PRACTICAL FORMS. 
 
 above-named defendant, to make discovery on oath before me 
 in relation to said debtor's property, and lie having been ex- 
 amined accordingly, I do hereby order that H. S., of the city 
 of Albany, be, and the same is hereby appointed a receiver of 
 all the debts, property, equitable interests and things in action 
 of said defendant ; that such receiver, before entering upon 
 the execution of his trust, execute to the clerk of this court a 
 bond, (with sufficient sureties to be by me approved,) in the 
 penalty of five hundred dollars, conditioned that he will faith- 
 fully perform and discharge the duties of such trust ; and that 
 Baid H. S., upon filing such bond in the ofiice of the clerk of 
 Albany county, be invested with all rights and powers as re- 
 ceiver, according to law. 
 
 That the sum often dollars be allowed to said plaintiff for 
 costs of this proceeding, and that said defendant be enjoined 
 and restrained from making any disposition of, or interfering 
 with his property, equitable interests, things in action, or any 
 of them, except in obedience to this order, until further or- 
 der in the premises. 
 
 Albany, October 15, 1851. 
 
 WM. PARMELBE, 
 Albany Co. Judge. 
 
 [ No. 294. ] 
 Order to apply property of judgment debtor to satisfy judgment. 
 
 (Title of action.) 
 
 It appearing to my satisfaction that G. H. is indebted to 
 the above-named defendant, in the sum of one hundred dol- 
 lars, and that an execution against the property of the said 
 defendant has been returned, wholly (or in part) unsatisfied, 
 I do hereby order the said G. H. to pay the sum of one hun- 
 dred dollars to the above-named plaintiff, to be applied to- 
 wards the satisfaction of the j udgment in this action. 
 
 January 10, 1851. 
 
 U. J., Schenectady Co. Judge. 
 
PRACTICAL FORMS. 189 
 
 [ No. 295. ] 
 
 Order to show cause why an attachment should not issue. 
 
 (Title of action.) 
 
 On proof of due service of tlie order made in this cause 
 by me on the defendant herein, it is ordered that the said 
 defendant sho-w cause before me, at my office in the city of 
 Albany, on the twentieth instant, at ten o'clock in the fore- 
 noon, why an attachment should not issue against him, and 
 he be punished for his alleged misconduct in violating said 
 order. 
 
 December 18, 1851. 
 
 IRA HAERIS. 
 
 [ No. 296. ] 
 Order to vacate an order without notice. 
 
 (Title of action.) 
 
 I hereby vacate and discharge the order made by me in 
 this action on the 20th inst. 
 
 Albany, December 24, 1851. 
 
 W. P., Albany Co. Judge. 
 
 [ No. 297. ] 
 Order to vacate an order with notice. 
 
 (Title of action.) 
 
 On motion of B. F., Esq., attorney for plaintiff, (or defend- 
 ant,) and after hearing M. R., Esq., for defendant, (or plain- 
 tiff,) it is hereby ordered that the order made in this action 
 by me on the fifth instant, be, and the same is hereby vacated 
 and discharged. 
 
 Albany. December 24, 1851. 
 
 ^ IRA HARRIS, 
 
190 PRACTICAL FORMS. 
 
 [ iSTo. 298. ] 
 
 Order for examination to perpetuate testimony. 
 
 I hereby appoint the fifth day of January next, at my of- 
 fice, in the city of Albany, at ten o'clock in the forenoon, for 
 the examination of L. H., as a witness upon the within appli- 
 cation, 
 
 December 20, 1851. 
 
 A. J. PARKEE. 
 
 [ No. 299. ] 
 Order to examine witness de bene esse. 
 
 (Title of action.) 
 
 It appearing to me that the examination of the above 
 mentioned H. B., as a witness, is reasonable, in order to obtain 
 justice between the parties herein, let the said H. B. be ex- 
 amined de bene esse as a witness in this action, before me, at 
 my ofiice, in the city of Schenectady, on the 20lh inst., at 
 three o'clock in the afternoon, and let the defendant (or plain- 
 tiff) herein appear also at the same time and place, and attend 
 to said examination. 
 
 December 15, 1851. 
 
 A. C. PAIGE. 
 
 [ No. 300. ] 
 
 Order for publication of summons. 
 
 (Title of the action.) 
 
 It appearing to my satisfaction, by the affidavits of B. C. 
 and A. E., that a cause of action exists against the above- 
 named defendants arising on contract, and that the said de- 
 fendant lias property within this state, (or the defendant is a 
 foreign corporation, and has property within the state, or 
 
PRACTICAL FORMS. 191 
 
 that the said defendant being a resident of this state, has de- 
 parted therefrom with the intent to defraud his creditors :) I 
 do order that the summons in this action, of which the fol- 
 lowing is a copy, viz : (here set forth summons,) be served on 
 such defendants, by the publication thereof, once in each 
 week, for six weeks, in the newspaper printed in the county 
 of Monroe, called the Eochester DaUy Advertiser, and also in 
 the newspaper printed in the city of Albany, called the Al- 
 bany Evening Atlas; and further, a copy of the summons 
 and complaint be deposited in the post-office, addressed to 
 the said defendant. 
 
 S. L. SELDEN. 
 
 [ No. 301. ] 
 
 Order changing place of trial. 
 
 At a special term of the Supreme Court, held at the City 
 Hall, in the city of Albany, on the last Tuesday of January, 
 1852, 
 
 Present, Hon. IE A HAEEIS, Justice. 
 C. D.) 
 ads. V 
 K B.) 
 On reading and filing an affidavit and notice of motion, 
 with proof of due service thereof on the plaintiff's attorney, 
 on motion of W. E., Esq., of counsel for the defendant, and 
 after hearing of B. C, Esq., of counsel for the plaintiff, * (or 
 no one appearing to oppose,) it is ordered that the place of 
 trial of this action be, and the same hereby is changed from 
 the county of Schenectady to the county of Monroe, with ten 
 dollars costs, to abide the event of the suit. 
 
192 PEACTICAL FORMS. 
 
 [ No. 802. ] 
 
 Order denying notice to change place of trial. 
 
 (As in tlie last form to the *, and then as follows :) it is 
 ordered that the motion to change the ' place of trial in this 
 action be denied, with ten dollars costs (to abide the event of 
 the action.) 
 
 [ No. 303. ] 
 Order for special or struck jury. 
 
 At a special term of the Supreme Court held for the state of 
 New York, at the City Hall, in the city of Albany, on the 
 fourth day of November, 1851, 
 
 Present, Hon. IRA HARHIS, Justice. 
 
 P. B.) 
 agt. \ 
 
 C. D.) 
 
 On reading and filing affidavits, and hearing counsel for both 
 parties, it is ordered that a special jury be struck for the trial 
 of the issue in this action. 
 
 [ No. 804. ] 
 
 Order for a foreign jury . 
 
 At a special term, &c. 
 (Title of the action.) 
 
 On reading and filing affidavits, on motion of At. E., Esq., 
 of counsel for plaintiff (or defendant,) and after hearing S. B., 
 Esq., of counsel for the defendants (or plaintiffs,) it is ordered 
 that the issue joined in this action be tried by a jury, to be 
 taken and summoned from the body of the county of Sche- 
 nectady. 
 
PRACTICAL FORMS. I93 
 
 [ No. 805. ] 
 Order for a reference at the circuit. 
 
 
 At a circuit court, held at the City Hall, in the city of Al- 
 bany, in and for the county of Albany, on the 22d day of Jan- 
 uary, 1,852, 
 
 Present, Hon. IE A HARRIS, Justice. 
 (Title of the action.) 
 
 It appearing to this court, that the trial of this action will 
 require the examination of long accounts, on motion of A. B., 
 Esq., of counsel for plaintiff (or defendant,) (or the court of its 
 own motion,) ordered that this action be referred to D. B., Esq., 
 of the city of Troy, counselor at law, and that he (or to M. P., 
 N. 0., and W. V., Esqs., and that they or any two of them) 
 report thereon with all convenient speed. 
 
 [ No. 306. ] 
 
 Peremptory order to file security for costs. 
 
 At a special term, &c. 
 (Title of action.) 
 
 It appearing by the affidavit of defendant's attorney in this 
 action, that a copy of the order to show cause this day, why 
 the plaintiff in this action should not file security for costs, ac- 
 cording to the statute, has been regularly served, and no cause 
 having been shown why the same should not be done, let all 
 proceedings in this action be stayed untU such security be 
 filed. 
 
 13 
 
194 PRACTIOAIi FORMS. 
 
 [ No. 307. ] 
 
 Order for extra allowance of costs. 
 
 At a circuit court, &c. 
 (Title of the action.) 
 
 The plaintiff in this action having recovered the suna of five 
 hundred dollars, and the same being a difficult (or extraordi- 
 nary) action, (or the defence having been unfairly or unrea- 
 sonably conducted,) the plaintiff is allowed ten per cent, on the 
 amount of such recovery, by way of costs. 
 
 [ No. 308. ] 
 
 Order to continue action -against representatives of deceased de- 
 fendant. 
 
 At a special term, &c. 
 (Title of the action.) 
 
 On reading and filing a petition in this action, duly verified, 
 and on motion of A. B., Esq., of counsel for the petitioner, af- 
 ter hearing C. D., Esq., as counsel for E. F., administrator, &c., 
 of deceased defendant, it is ordered that this action be, and the 
 same is hereby continued against the said E. F., administrator, 
 &c., of P. Q., the defendant deceased herein. 
 
 [No. 309. ] 
 Order to put off trial at the circuit. 
 
 At a circuit court, &c. 
 (Title of action.) 
 
 On reading and filing affidavits, and on motion of M. E,, 
 Esq., of counsel for the defendant, and after hearing of B. 
 M., Esq., of counsel for plaintiff, ordered that the trial of this 
 
PSAOTICAL TORMS. 195 
 
 action be postponed to the 25t]i instant, on the payment of 
 ten dollars costs, (or to next circuit, on payment of costs of 
 the present circuit.) 
 
 f No. 310. ] 
 
 Order to set aside execution and restore moneys levied. 
 
 At a special term, &c. 
 (Title of action.) 
 
 On reading and filing of afUdavits, and on motion of Mr. 
 B., of counsel for the defendant, and after hearing Mr. C, of 
 counsel for the plaintiff, in opposition thereto, it is ordered 
 that the execution issued in this action, be, and the same is 
 hereby set aside with costs, and that the moneys levied there- 
 on be restored to the defendant, with interest thereon from 
 the time of such levy. 
 
 [ No. 811. ] 
 
 Order to consolidate actions. 
 
 At a special term, &c. 
 (Title of all the actions.) 
 
 On reading and filing affidavits in these actions, on motion 
 of Mr. P., of counsel for the defendants, and after hearing 
 Mr. S., of counsel for the plaintiflf, it is ordered that all the 
 proceedings on the part of the plaintiff, in these actions, (ex- 
 cept the first,) be stayed, the said defendants hereby under- 
 take to be bound by the verdict in the said first action, and 
 to pay the amount in the complaints in said actions claimed, 
 (state as to what particulars,) in case the said plaintiff shall 
 recover in the said first action, together with the costs of that 
 recovery, and (whatever terms the court may impose.) 
 
196 PRACTICAL FORMS. 
 
 [ No. 312. j 
 
 Order on motion for a new trial. 
 
 At a special term, &c. 
 (Title of action.) 
 
 TMs action having been brought on to argument, on mo- 
 tion of A. B., Esq., of counsel for defendant, and after hear- 
 ing Mr. C, of counsel for plaintiff, it is ordered that a new 
 trial be, and the same is hereby granted, with costs to abide 
 the event. 
 
 \_ No. 313. ] 
 
 Order setting aside nonsuit and for new trial. 
 
 At a special term, &c. 
 (Title of action.) 
 
 On motion of A. B., Esq., of counsel for plaintiff, after 
 hearing C. D., Esq., of counsel for defendant, it is ordered 
 that the nonsuit in this case be set aside, and a new trial 
 granted. 
 
 [ No. 314. ] 
 
 Order denying motion for new trial. 
 
 At a special term, &c. 
 (Title of action.) 
 
 This cause having been brought on to be heard, and after 
 hearing counsel on both sides, ordered, that a new trial be 
 denied. 
 
PRACTICAL FORMS. 197 
 
 [ No. 315. ] 
 
 Order for costs of circuit. 
 
 At a special term, &c. 
 (Title of action.) 
 
 On reading and filing affidavits and notice of this motion, 
 together with, proof of service thereof, on motion of A. B., 
 Esq., of counsel for defendant, it is ordered that the defend- 
 ant be allowed his costs of attending, prepared for trial of 
 this action, at the last Circuit Court, held in the court house in 
 Schenectady, in and for the county of Schenectady, on the 
 first Monday of January last. 
 
 ■ [ No. 316. ] 
 
 Order to strike out counts. 
 
 At a special term, &c. 
 (Title of action.) 
 
 On motion of B. D., Esq., of counsel for the defendant, (or 
 plaintiff,) and after hearing D. C, Esq., of counsel for the 
 plaintiff, it is ordered that the fourth and fifth folios in the 
 complaint (or answer or reply) in this action, be, and the. same 
 is hereby stricken out, (with ten dollars costs.) 
 
 [ No. 317. ] 
 
 Order to set aside report of referees on the merits. 
 
 At a special term, &c. 
 (Title of action.) 
 
 This action having been brought to argument, on motion of 
 M. B., of counsel for the plaintiff, and after hearing M. F., of 
 counsel for the defendant, it is ordered * that the report 
 made by the referees in this action, be, and the same is 
 hereby set aside, with costs, (or costs to abide the event of 
 the action.) 
 
198 PRACTICAL FORMS. 
 
 [ No. 318. ] 
 
 Order to confirm referees' report. 
 
 (As in the last form to the *, then) that the report of the 
 referees herein be, and the same is, in all points confirmed. 
 
 [ No. 319. ] 
 
 Order for trial of a {feigned) issue. 
 
 At a special term, &c. 
 (Title of action.) 
 
 This action having been brought on to be heard on the 
 pleadings herein, and the said pleadings having been read, 
 and Mr. S. B., of counsel for the plaintifp, and Mr. X. Y., of 
 counsel for the defendant, having been heard, it is ordered 
 that the following issue be tried between the parties by a jury 
 of the country, at the next Circuit Court, to be held in, and 
 for the county of Saratoga, on the first Monday of January 
 next, to inquire and determine whether (here set forth the 
 issue to be determined,) and all further directions are reserved 
 until after the trial of said issue. 
 
 [ No. 320. ] 
 
 07'der to continue action by representatives of deceased party. 
 
 At a special term, &c. 
 (Title of action.) 
 
 On reading and filing a petition in this action duly verified, 
 and on motion of K. E., Esq., of counsel for the petitioner, 
 no one appearing to oppose it, it is ordered that this action be 
 continued by the said B. C, administrator or executor of 
 M. B., the deceased defendant, (or plaintiff.) 
 
PRACTICAL EORMS. 199 
 
 [ No. 321. ] 
 
 Order allowing supplemental pleading. 
 
 At a special term, &c. 
 (Title of action.) 
 
 On reading papers in this cause on botli sides, and on mo- 
 tion of I. P., of counsel for the defendant, (or plaintiff,) after 
 hearing Mr. W., of counsel for the plaintiff, (or defendant,) 
 ordered that upon payment of ten dollars costs of this motion, 
 within fifteen days, the supplemental answer, (or complaint or 
 reply,) served in this cause stand as the answer (or complaint 
 or reply) therein, the issue to stand as of the 19th of March, 
 1851. 
 
 [ No. 322. ] 
 
 Order allowing amended pleading. 
 
 (As in the last form, except the word " supplemental " be 
 changed to " amended.") 
 
 [ No. 323. ] 
 
 Order to attach sheriff. 
 
 At a special term, &c. 
 (Title of the action.) 
 
 On hearing Mr. 0., of counsel for the plaintiff, and it ap- 
 pearing from the affidavit of plaintiff's attorney, that judgment 
 was rendered in said action, and docketed in Albany county, 
 on the fifteenth of November, 1851, against the defendants, 
 for five hundred dollars, damages and costs, and an execution 
 in due form issued thereon to the sheriff of the county of Al- 
 bany, W. B., Esq., and delivered to him, the said sheriff, on 
 the fifteenth day of November, and further showing that the 
 sheriff has not made return thereof, as by law commanded : 
 
200 PRACTICAL FORMS. 
 
 Ordered that an attachment issue against W. B., sheriff of 
 the county of Albany, returnable before this court on the last 
 Tuesday of February, 1862, at the City Hall, in the city of 
 Albany, at the opening of court on that day, and also ordered 
 that said sheriff be held to bail in the sum of one thousand 
 dollars, and also that said sheriff, W. B., pay to said plaintiff 
 or his attorney, ten dollars costs of this motion. 
 
 [ No. 324. ] 
 
 Order to attach witness. 
 
 At a circuit, &c. 
 (Title of action.) 
 
 On reading and filing affidavits showing that a subpoena 
 ■was duly served upon C. B., on the fifth inst., whereby he 
 was reqired to appear before this court on the sixth instant, 
 to testify and give evidence in this action, on the part of the 
 plaintiff', (or defendant,) and that the said C. B. has wholly 
 neglected to attend as therein required, on motion of M. G., 
 Esq., of counsel, ordered, that a writ of attachment issue, 
 directed to the sheriff of the county of Albany, commanding 
 him forthwith to attach the said C. B., and bring him forth- 
 with personally before our Circuit Court in and for the county 
 of Albany, at the City Hall in the city of Albany, to answer 
 to us for certain contempts against us, in not obeying our 
 writ of subpoena, and commanding the said sherifS to detain 
 the said C. B. in his custody until discharged by our said Cir- 
 cuit Court. 
 
 [ No. 325. ] 
 Order for a mandamus. 
 
 At a special term (or general term,) &c. 
 Present, Hon. Ira Harris, (Malbone Watson and A. J. 
 Parker,) justice. 
 
PEACTICAL FORMS. '201 
 
 The People ex rel J. C. ) 
 
 vs. V 
 
 B. P. ) 
 
 On reading and filing affidavits, on motion of M. E., Esq., 
 counsel for the relator, after hearing Mr. A. B., in opposition 
 thereto, it is ordered that a mandamus issue out of and under 
 the seal of this court, directed to the said B. P., commanding 
 him forthwith to (state what is to be done) or that he show 
 cause to the contrary, before this court, at the City Hall, in 
 the city of Troy, on the fourth day of February next. 
 
 Order for assessment of damages. 
 
 At a special term, &c. 
 (Title of action.) 
 
 Whereas it has been adjudged that the plaintiff recover 
 judgment against the defendant in this action, but because it 
 is unknown what amount of damages the plaintiff has sus- 
 tained in the premises, it is ordered that it be referred to 
 A. B., 0. D., and E. F.. Esqrs., of the city of Schenectady, to 
 inquire and ascertain what damages the said plaintiff has sus- 
 tained herein, and to make returns under the hands and seals 
 of them, or any two of them, with all convenient speed. 
 
 [ No. 827. ] 
 Order for leave to issue execution. 
 
 At a special term, &c. 
 (Title of action.) 
 
 On reading and filing affidavits and notice of motion, with 
 proof of due service on the defendant, personally, on motion 
 of Mr. C, of counsel for the plaintiff, ordered that the plain- 
 tiff' have leave to issue execution in this action, notwith- 
 standing the lapse of five years from the entry of the judg- 
 ment herein. 
 
202 PRACTICAL FORMS. 
 
 [ No. 328. ] 
 Order of reference as to claims- to surplus moneys. 
 
 At a special term, &c. 
 (Title of action.) 
 
 Tlie sheriff's (or referee's) report of sale having been filed 
 in this action, and the same having been confirmed, from 
 which report it appears that there is a surplus in the hands of 
 the clerk of this court, arising from said sale : 
 
 On reading and filing notice of claim, by W. D., to such 
 surplus moneys, by virtue of a Uen thereon under a junior 
 mortgage, (or a judgment against) given by said defendant ; 
 on motion of Mr. H. S., of counsel for the said W. D., or- 
 dered that it be referred to C. B., Esq., as a referee, residing 
 in Albany, to ascertain and report the amount due the said 
 W. D., or to any other person which is a lien upon such sur- 
 plus moneys, and as to the priorities of the several liens 
 thereon ; and it is further ordered that such referee summon 
 before him, upon such reference, every party who has ap- 
 peared in this action, and every person who has delivered 
 written notice of his claim to such surplus moneys to the at- 
 torney for the plaintiff in this action, to the said referee or to 
 the clerk of this court, or to the sheriff who made the sale, 
 and that he cause them to have the usual notice of aU subse- 
 quent proceedings, and that the said referee report thereon 
 with al] convenient speed. 
 
 [ No. 329. ] 
 
 Order to pay surplus moneys. 
 
 At a special term, &c. 
 (Title of action.) 
 
 On reading and filing the report of the referee herein, 
 wherein it appears that said W. D. is entitled to the whole of 
 the surplus moneys in this action, now in the hands of the 
 
PRACTICAL FOEMS. 203 
 
 clerk of the court, and on hearing Mr. H. S., of counsel for 
 the said W. D., it is hereby ordered that the clerk of this 
 court pay to the said H. S. ten dollars as costs of this applica- 
 tion, and five dollars disbursements herein ; and then the said 
 clerk pay the said W. 1)., or his attorney, taking a receipt 
 therefor, the balance of the said surplus moneys, to wit : two 
 thousand dollars. 
 
 [ No. 330. ] 
 Order to confirm referees report of sale. 
 
 At a special term, &c. 
 (Title of action.) 
 
 On reading and filing the report of M. S., Esq., referee 
 duly appointed to sell the premises described in the complaint 
 in this action, and on filing proof of the service of the notice 
 of this motion on all the parties who have appeared in this 
 action : Ordered, that the said report be, and the same is 
 hereby in all respects confirmed. 
 
 [ No. 331. ] 
 
 Order of reference in partition to take proof of title, and whether 
 a sale is necessary. 
 
 At a special term, &c. 
 (Title of action.) 
 
 On reading and filing an affidavit, by which it appears that 
 this action was commenced for the partition or sale of certain 
 premises therein mentioned and described, and that none of 
 the adult defendants have appeared in this action, although 
 more than twenty days have elapsed since the service of this 
 summons upon the said several defendants, (or that all the 
 adult defendants have put in their answers, in which the rights 
 and interests of the several parties as stated in the complaint, 
 
20i PRACTICAL POEMS. 
 
 are not contested or denied,) and infant defendants, by their 
 guardian ad litem, having put in the usual general answer, 
 on motion of H. B., of counsel for the plaintiff: Ordered, 
 that it be referred to J. G., Esq., as a referee, residing in the 
 city of Troy, to take proof of the plaintiff's title and interest 
 in and to the premises in the said complaint mentioned, and 
 of the several matters set forth in the said complaint, and to 
 ascertain and report what share or part of the said premises 
 belongs to each of the parties to this action, so far as the same 
 can be ascertained, and the nature and extent of their respect- 
 ive rights and interests therein, and an abstract of the con- 
 veyances by which the same are held ; and also to report 
 whether the said premises, or any lot or separate parcel thereof, 
 are so circumstanced that an actual partition cannot be made, 
 and if the said referee arrives at the conclusion that a sale of 
 the whole premises, or of any lot or separate parcel thereof 
 will be necessary, that he specify the same in his report, to- 
 gether with the reasons wBich render a sale necessary ; and 
 in such a case, that he also ascertain and report whether any 
 creditor not a party to this action, has a specific lien by mort- 
 gage, devise or otherwise, upon the undivided share or inter- 
 est of any of the parties in that portion of the premises 
 which it is necessary to sell ; and if he finds that there is no 
 such specific lien in favor of any person not a party to the 
 action, that he farther inquire and report whether the undi- 
 vided share or interest of any of the parties in the premises, 
 is subject t6 any general lien or incumbrance, by judgment 
 or decree. 
 
 And it is further ordered that the referee ascertain and re- 
 port the amount due to any party to the action, who has either 
 a general or specific lien on the premises to be sold, or any 
 part thereof, and the amount due to any creditor not a party, 
 who has a general lien on any undivided share or interest 
 therein, by judgment or decree, and who shall appear and 
 establish his claim on such reference. 
 
 And it is further ordered that the said referee, if requested 
 by the parties, or any one of them, who appear before him 
 on such reference, shall also ascertain and report the amount 
 due any creditor not a party to the action, which is either a 
 
PRACTICAL FORMS. 205 
 
 specific or general lien or incumbrance upon all the shares, 
 or interests of the parties in the premises to be sold, and 
 which would remain as an incumbrance thereon in the hands 
 of the purchaser. 
 
 [ No. 332. ] 
 
 Order of reference in foreclosure, all due. no infants or absent 
 
 defendants. 
 
 At a special term, &c. 
 (Title of action.) 
 
 On filing proof of the personal service of the summons in 
 this action, upon all of the defendants herein, and that no 
 answer has been put in by any of the defendants herein, and 
 that there are no infant defendants, or any defendants who 
 are absentees, on motion of Mr. B., of counsel for the plain- 
 tiff: Ordered, that it be referred to G. H., Esq., of the city of 
 New York, to compute and ascertain the amount due to the 
 plaintiff, for principal and interest on the bond and mortgage 
 set forth in the complaint in this action, and take proof of 
 the facts therein stated, and examine and report as to any 
 payments which have been made the plaintiff, or to any one 
 for his benefit, and report the same to this court. 
 
 [ No. 333. ] 
 Order of reference in foreclosure, all due, and absent defendants. 
 
 At a special term, &c. 
 (Title of action.) 
 
 On filing proof of the personal service of the summons in 
 this action upon G. W. and T. J., and that the same has been 
 served on the defendants, A. B. and 0. D., who are non-resi- 
 dents of this state, (or who cannot be found therein,) by the 
 publication thereof as required by the statute and the order 
 
206 PRACTIOAL FORMS. 
 
 of this court ; and no answer to the complaint in this action 
 having been put in by any of the said defendants, (except G. 
 W., whose answer admits all the rights and interests of the 
 several parties, as stated in the complaint,) and the period for 
 said defendants to answer having expired ; on filing proof of 
 such service, on motion of H. S., a counsel for plaintiff: Or- 
 dered, that it be referred to B. W.,.of the city of Schenectady, 
 as referee, to compute and ascertain the amount due to the 
 said plaintiff, on the bond and mortgage mentioned in the 
 said complaint ; and to examine the said plaintiff on oath, as 
 to any payments that may have been made to said plaintiff, 
 or to any person for his use, on account of the demand men- 
 tioned in said complaint, and to report the amount so due, 
 and also such proofs and examinations to this court, with all 
 convenient speed. 
 
 [ No. 334. ] 
 
 Order of reference in foreclosure, all due, infant defendants, hut 
 no absentees. 
 
 At a special term, &c. 
 (Title of action.) 
 
 It appearing that the summons in this action has been per- 
 sonally served upon all the defendants in this action more 
 than twenty days since, and that no answer has been received 
 herein, except from J. G. and 0. D., who are infants, and who 
 have put in their general answer by B. C, their guardian ; on 
 motion of A. B., Esq., of counsel for the plaintiff, and after 
 hearing B. C, Esq., guardian ad litem, it is ordered that it be 
 referred to B. W., &c., (as in the last form to the end.) 
 
PRACTICAL FORMS. 207 
 
 [ No. 835. ] 
 
 Order of reference in foreclosure, 'part not due. 
 
 At a special term, &c. 
 (Title of action.) 
 
 It appearing tliat the summons intMs action lias been served 
 upon all tlie defendants personally, in tMs action, more than 
 twenty days since, and that no answer has been put in by any 
 of said defendants, except C. D., an infant defendant, who ap- 
 pears by S. Q., his guardian ad litem, and who has put in a 
 general answer ; and it appearing by the complaint herein, 
 that this action was commenced to procure the foreclosure of 
 a mortgage and a sale of the mortgaged premises therein de- 
 scribed, and that a part of the debt secured by said mortgage 
 and the bond accompanying the same is not yet due, it is or- 
 dered that it be referred to J. C, Esq., a counselor of this court, 
 residing in the city of Utica, to compute, ascertain and report 
 the amount actually due to the plaintiff for principal and in- 
 terest on said bond and mortgage, and which remains unpaid, 
 including interest thereon to the date of this report, and also 
 to take proof of the factg and circumstances stated in said com- 
 plaint, and report the same to this court ; and also to ascertain 
 and report the situation of the mortgaged premises, and whe- 
 ther in his opinion, the same can be sold in parcels without 
 injury to the interests of the parties ; and if he shall be of 
 opinion that a sale of the said premises, in one parcel, will be 
 most beneficial to the parties, then that he report his reasons 
 for such opinion. 
 
 [ No. 336. ] 
 
 Order to show cause why an attachment should not issv£. 
 
 At a special term, &c. 
 (Title of action.) 
 
 On reading and filing af&davits, &c., and on motion of Mr. 
 B., of counsel for the plaintiff (or defendant,) ordered that the 
 defendant (or plaintiff,) E. M., show cause on the next motion 
 
208 PRACTICAL FORMS. 
 
 day of this court, at the City Hall, in the city of Albany, on 
 the first day of March next, why an attachment should not 
 issue against him, and he be punished for his alleged mis- 
 conduct in violating the injunction issued in this action. And 
 it is further ordered, that copies of the affidavits and other 
 papers on which this motion is founded, be served upon the 
 said E. M., personally, at least five days previous to the said 
 first day of March. 
 
 [ No. 337. ] 
 
 Order for an attachment for contempt. 
 
 At a special term, &c. 
 (Title of action.) 
 
 On reading and filing affidavits, and on motion of Mr. B., 
 of counsel for plaintiff (or defendant,) and on hearing E. P., 
 Esq., of counsel in opposition thereto : Ordered, that an at- 
 tachment issue against the said E. M., returnable at the next 
 motion term of this court, to be held at the City Hall, in the 
 city of Albany, on the last Tuesday of March inst. And it is 
 further ordered, that the said E. M. be held to bail in the sum 
 of five hundred dollars. 
 
 [ No. 338. ] 
 
 Order for an injunctioii on complaint of interpleader. 
 
 At a special term, &c. 
 (Title of action.) 
 
 On reading and filing affidavits and a complaint of inter- 
 pleader in this action, and on motion of B. C, of counsel for 
 the plaintiff, after hearing Mr, L., and Mr. W., of counsel in 
 opposition : Ordered, that an injunction issue pursuant to the 
 prayer of the said complaint, upon the plaintiff paying into the 
 hands of the clerk of this court, the sum of one thousand dol- 
 lars, mentioned in the said complaint 
 
PRACTICAL FORMS. 209 
 
 [ No. 339. ] 
 
 Order of reference to take testimony and report. 
 
 At a special term, &c. 
 (Title of action.) 
 
 On reading the pleadings in this action, and on reading and 
 filing affidavits herein, and on motion of A. B. for plaintiff, (or 
 defendant,) and after hearing C. D. for defendant, (or plain- 
 tiff,) ordered, that this action be referred to Gr. H., Esq., a 
 counselor of this court, to take the testimony of the respec- 
 tive parties herein, and report the same to this court. 
 
 f No. 840. ] 
 Order on deficiency in foreclosure. 
 
 At a special term, &c. 
 (Title of action.) 
 
 On reading and filing the report of S. M., Esq., referee duly- 
 appointed for the sale of the property described in the judg- 
 ment in the above entitled action, from which it appears that 
 there is a deficiency arising on the said sale of the said prop- 
 erty amounting to the sum of seven hundred dollars, and in- 
 terest thereon from January 26, 1858, the day of said sale, 
 and on motion of L. M., of counsel for the plaintiff in this ac- 
 tion ; it is ordered : 
 
 That the referees' report of sale herein be, and the same 
 hereby is in all respects, confirmed. 
 
 [ No. 841. ] 
 Ord&r for leave to bring an action on a jvdgment. 
 
 At a special, &c. 
 (Title of action.) 
 On reading and filing aflidavit and notice of motion, and 
 
 14 
 
210 PEACTICAIi FOEMS. 
 
 proof of due service thereof, and on motion of B. D., of coun- 
 sel for plaintiffs, no one appearing to oppose : ordered, that 
 the above-named plaintifl's have leave to bring an action upon 
 a judgment obtained against the above-named defendants, in 
 the above entitled action, in favor of said plaintiffs against 
 said defendants, in an action of debt, the second day of June, 
 1846, for one thousand dollars debt, and twenty-one dollars 
 and ninety -four cents, damages and costs. 
 
 [ No. 342. ] 
 
 Order to correct mistake in name of a party. 
 
 At a special, &c. 
 (Title of action.) 
 
 On reading and filing affidavit of A. 0., plaintiff's attorney 
 in the above action, by which it appears, that summons and 
 complaint have been served personally on all the defendants 
 more than twenty days, and that none of said defendants have 
 appeared, but have made default, and it further appearing 
 that the defendant Johnson L., has been sued in this action by 
 the name of John L., through a mistake on the part of the 
 plaintiff's attorney, and on motion of A . 0., of counsel for 
 plaintiff: ordered, that plaintiff's attorney have leave to cor- 
 rect said mistake, and that the pleadings and proceedings in 
 said action be amended accordingly. 
 
 [ No. 343. ] 
 Affidavit to obtain order to correct mistake in name of a party. 
 
 (Title of action.) 
 
 County of Eensselaer, ss : A. 0., of the city of Troy, be- 
 ing sworn, says he is attorney for the plaintiffs in the above 
 entitled action, that more than twenty days have elapsed sinc6 
 
PRACTICAL FORMS. 211 
 
 summons was served personally on all of the above-named 
 defendants ; tliat none of said defendants have appeared by at* 
 torney or otherwise, but have made default ; that the venue in 
 the county is in Rensselaer county ; that summons and com- 
 plaint were served on the defendant Johnson L., on the first 
 day of April instant, at Oswego, as appears by the certificate 
 of the county of Oswego, that said defendant Johnson L., has 
 been sued in this action by the name of John L., through a 
 mistake on the part of this deponent, and deponent prays 
 leave to correct said mistake, and that the pleadings and 
 proceedings in this action, may be amended accordingly. 
 
 A. 0. 
 Sworn, &c. 
 
 [ No. 344. ] 
 
 Order to continue action. 
 
 At a special, &c. 
 (Title of action.) 
 
 On reading and filing petition (or affidavit) of 0. D., show- 
 ing that the cause of action herein survives, and on motion of 
 A. B., of counsel for the above-named plaintiffs : ordered, that 
 this action be, and the same is hereby continued against T. 
 E., administrator of the' goods, chattels and credits of the said 
 L. M., deceased, (or against P. W., who is the sole and only 
 heir at law of the said L. M., deceased.) 
 
 [ No. 345. ] 
 
 Order to compel report of referees. 
 
 At a; special term, &c. 
 (Title of action.) 
 
 On reading and filing affidavits in this action, and on motion 
 of Mr. C, of counsel for the plaintiff, (or defendant) : Ordered, 
 that the referees appointed in this action do report therein in 
 
212 PRACTICAL FORMS. 
 
 ten days after service of a copy of this order, or show cause 
 at the next special term of this court, to be held at the City 
 Hall, in the city of Albany, on the last Tuesday of February 
 next, why an attachment should not issue against them. 
 
 [ No. 346. ] 
 
 Order to strike action from the calendar. 
 
 At a general term, &c. 
 (Title of action.) 
 
 On reading and filing affidavits, and proof of service of 
 notice of motion in this action, on motion of Mr. B., of coun- 
 sel for the respondent, after hearing Mr. 0., of counsel for the 
 appellant : Ordered, that this cause be stricken from the cal- 
 endar of this court, with costs, and that the respondent have 
 judgment. 
 
 [ No. 347. ] 
 
 Order for judgment on frivoloiis answer or demurrer. 
 
 At a special term, &c. 
 On application of Mr. E., plaintiffs' attorney, and on notice 
 of this application, and proof of service thereof on defendant's 
 attorney, no one appearing to oppose, (after hearing K. M., of 
 counsel for defendant,) ordered judgment against said defend- 
 ant upon his answer (or demurrer) for the frivolousness there- 
 of, and further ordered judgment in this action in favor of 
 said plaintiffs against the said defendant for two hundred dol- 
 lars, with costs of this action. 
 
PRACTICAL FORMS. 213 
 
 [ No. 348. ] 
 
 Order appointing commissioners and for partition. 
 
 At a special term, &c. 
 (Title of action.) 
 
 This action having been brought on to be heard upon the 
 report of A. B., a referee duly appointed, whereby the said 
 referee reported that the premises mentioned in the complaint 
 in this action may be partitioned and divided into four equal 
 parts, without material injury to the rights and interests of 
 the several owners thereof, and that a partition of such prem- 
 ises would be more advantageous to such owners than a sale 
 thereof; whereby the said referee reported the said plaintiff 
 entitled in fee to one equal undivided fourth part of said 
 premises, the defendant L. M. to one equal undivided fourth 
 part thereof, the defendant N. M. to one equal undivided 
 fourth part thereof, and that the defendant W. M. is entitled 
 to the remaining undivided fourth part thereof On motion 
 of M. E., of counsel for the said plaintiff, no one appearing to 
 oppose, after due notice, it is ordered and adjudged, that the 
 said report be, and the same is hereby ratified and confirmed. 
 
 And it is further ordered and declared, that the rights and 
 interests of the several parties to this action, in and to the 
 several lots, pieces or parcels of land described in the com- 
 plaint in this action, are as stated and set forth in the said 
 referee's report. 
 
 And it is further ordered and declared, that partition be 
 made of the lands and premises mentioned and set forth in 
 the complaint in this action, which premises are described as 
 follows : (insert description,) among the parties to this action, 
 according to their respective rights and interests, as the same 
 were reported by the said referee, and have been thus ascer- 
 tained by this court and established by this judgment. 
 
 And it is further ordered, that 0. M., H. B. and L. S., 
 three reputable freeholders of the county of Albany, be, and 
 they are hereby appointed commissioners for the purpose of 
 making such partition ; that the said commissioners, before 
 proceeding to the execution of their duties, as such, shall be 
 
214 PRACTICAL FORMS. 
 
 severally sworn or affirmed before some officer authorized by 
 law to administer oaths, honestly and impartially to execute 
 the trust reposed in them, and to make partition as directed 
 by this court ; and that such oaths or affirmations be filed 
 with the clerk of this court at or before the coming in of the 
 report of the said commissioners hereinafter directed to be 
 made ; and that the said commissioners shall divide the said 
 lands and premises into four equal parts, quantity and quality 
 relatively considered, and that they allot to the plaintiff one 
 of the said equal fourth parts of the said premises, to the de- 
 fendants L. M., N. M. and W. M., each one of the said equal 
 fourth parts of the said premises, to be held and enjoyed by 
 the said parties in severalty, according to their rights and in- 
 terests therein so ascertained and determined as aforesaid ; and 
 that the said commissioners shall designate the part or portions 
 so allotted to each of the said parties, and the boundaries 
 thereof, by sufficient description and monuments. 
 
 And it is further ordered that the said commissioners, or 
 any two of them, make a full and ample report to this court 
 of their proceedings in this behalf, under their hands, speci- 
 fying therein the manner in which they shall have obeyed 
 this order, and describing the lands divided, and the parts or 
 shares allotted to each party, with the quantity, courses and 
 distances of each share, and a description of the posts, stones 
 or other monuments thereof, and the items of their charges in 
 the premises. That the said commissioners, or such two of 
 them as shall sign the report, do acknowledge the same, or 
 cause it to be proven in the same manner that deeds are required 
 to be acknowledged or proven, to entitle the same to be record- 
 ed, before some officer authorized to take the proof or acknowl- 
 edgment of deeds, and that such report be filed in the office of 
 the clerk of this court. That all the said commissioners do 
 meet together in the performance of any of their duties under 
 this order, but that the acts and decisions of a majority of 
 such commissioners when so met, shall be valid. 
 
 And it is further ordered that the said commissioners be 
 authorized to employ a surveyor, and to cause all necessary 
 maps and surveys to be made. And all the parties in this 
 action shall produce to and leave with the said commissioners, 
 
PRACTICAL FORMS. 215 
 
 for sucli time as the commissioners stall deem reasonable, 
 all deeds, writings, surveys or maps relating to tlie said prem- 
 ises, or any part thereof. 
 
 And it is further ordered and adjudged, that in case par- 
 tition of such premises cannot be made with perfect equality 
 between the said parties, according to their respective rights 
 and interests therein, unless compensation be made by one or 
 more of the said parties to the other of them, for equality of 
 partition, that then and in that case the said commissioners, 
 or such two of them as may make said partition, ascertain 
 and report the proper compensation which ought to be made 
 for equality of partition ; and by which of the parties the same 
 should be paid, and to which the same ought to be allowed. 
 But the said commissioners shall not report compensation to 
 be paid by an infant for equality of partition, unless it satis- 
 factorily appears to them that he or they have sufficient per- 
 sonal estate to pay the same, and his or their shares of the 
 costs and expenses of this action, and all other liens on his or 
 their share of the premises, except in cases where, from the 
 situation of the property and interests of the parties, it cannot 
 be charged upon the share of an adult. 
 
 [ No. 349. ] 
 
 Oath of commissioners. 
 
 Albany City and County, ss : We, C. M., H. B. and L. S., 
 the commissioners within named, do severally swear that we 
 will honestly and impartially execute the trust reposed in us, 
 by the within order, and make partition as therein directed 
 by the court. 
 
 CM. 
 H.B. 
 L. S. 
 Subscribed and severally sworn before me, \ 
 the 20th day of February, 1852. ( 
 
 M. M., Commissioner of Deeds. 
 
216 PRACTICAL FORMS. 
 
 [ No. 350. ] 
 
 Oath of referees. 
 
 (Title of action.) 
 
 Greene County, ss : "We, the referees appointed in this 
 action, do swear that we respectively will faithfully and feirly 
 hear and examine this action, and make a just and true report 
 therein, according to the best of our understanding. 
 
 A. B. 
 C. D. 
 E. F. 
 Severally sworn, &c. 
 
 [ No. 851. ] 
 
 Oath of interpreter. 
 
 You solemnly swear in the presence of the ever living God, 
 that you will truly interpret between the court, (the jury,) 
 the counsel and the witness ia this issue joined, between B. C. 
 plaintiff, and E. P. defendant. 
 
 [ No. 852. ] 
 
 Petition for appointment of {prochein ami or) guardian for an 
 infant plaintiff. 
 
 To the Hon. Ira Harris, one of the justices of the Supreme 
 Court of the State of New York : 
 
 The petition of C. D., an infant under the age of twenty- 
 one years, to wit, of the age of eighteen years, respectfully 
 showeth : 
 
 That your petitioner is about to commence an action in the 
 Supreme Court of the state of New York, against L. M., for 
 (here state the cause of action.) 
 
 But as your petitioner is an infant, as above set forth, he 
 
PRACTICAL FORMS. 217 
 
 prays that E. W., of the city of Troy, counselor at law, a 
 competent and responsible person, may be appointed to prose- 
 cute the said action for your petitioner, as his guardian, ac- 
 cording to the statute in such case made and provided. 
 Dated December 10, 1851. 
 
 CD. 
 
 Consent annexed. 
 
 I consent to become the guardian of C. D., in the action 
 mentioned in the foregoing petition. 
 Dated December 11, 1851. 
 
 E. W. 
 
 [ No. 853. ] 
 
 Petition for appointment of guardian of an infant defendant. 
 
 To Hon. Ira. Harris, one of the justices of the Supreme 
 Court of the State of New York : 
 
 The petition of B. P., an infant under the age of twenty- 
 one years, to wit, of the age of nineteen years, respectfully 
 showeth : 
 
 That an action has been commenced against your petitioner 
 in the Supreme Court of the state of New York, by J. S., for 
 (here state cause of action.) 
 
 But as your petitioner is an infant as above set forth, he 
 prays that W. C., of the city of Schenectady, a merchant, 
 may be appointed the guardian of your petitioner, in the de- 
 fence of said action, according to the statute in such case made 
 and provided. 
 
 Dated January 2, 1852. 
 
 ^ B. P. 
 
 Consent annexed. 
 
 I consent to become the guardian of B. P., in the defence 
 
 of the action mentioned in the foregoing petition. 
 
 Dated January 3, 1852. 
 
 ^ W. C. 
 
218 PBACTIOAL FOEUa 
 
 [ No. 354. ] 
 Petition to compel the discovery and production of papers. 
 
 To tlie Hon. Ira Harris, one of the justices of the Supreme 
 Court : 
 
 Tlie petition of E. W. respectfully showetli, that an action 
 has been commenced in the said Supreme Court by (or against) 
 your petitionee, against (or by) P. X., by the service of a 
 summons for (here state the cause of action.) 
 
 And your petitioner further shows, that a certain paper 
 writing, here describe the pajer sufiiciently to identify it) is in 
 the custody or under the control of the said P. X. (or E. W.,) 
 as your petitioner expressly charges and verily believes. 
 
 And your petitioner further shows, that the said paper 
 writing is material to enable your petitioner to prepare his 
 complaint (answer, or reply, or for trial) in said action ; and 
 that your petitioner cannot safely prepare his complaint 
 (answer, or reply, or for trial) without the said paper writing, 
 as he is advised by his counsel and verily believes. 
 
 Wherefore your petitioner prays your Honor to grant him 
 an order, pursuant to the statute in such case made and pro- 
 vided, requiring the said F. X. (or E. W.) to give to your 
 petitioner, within a specified time, an inspection and copy of 
 the said paper writing, above mentioned, so as to enable your 
 petitioner to prepare his complaint (answer, or reply, or for 
 trial) in the said action. 
 
 (When the object of discovery is to prepare for trial, then 
 insert immediately after a description of the nature of the 
 action, the following: " and the said action is at issue on the 
 pleadings served in the said action.") 
 
 [ No. 355. ] 
 
 Petition to he admitted to sue in forma poMperis. 
 
 To the Justices of the Supreme Court of the State of New 
 York: 
 
PEACTICAL FORMS. 219 
 
 The petition of A. B., of the city of Troy, respectfully 
 showeth that C. Gr., of the city of Schenectady, is justly in- 
 debted to your petitioner in the sum of five hundred dollars 
 for, &c., (here state the grounds of the claim,) and your peti- 
 tioner has not commenced an action against him for the same, 
 being unable to carry on his action, as will appear by the affi- 
 davit of jour petitioner hereunto annexed. 
 
 Your petitioner therefore prays that he may be admitted to 
 prosecute an action against the said 0. G. for the recovery of 
 the said demand in forma pauperis, according to the form of 
 the statute in such case made and provided, and this honor- 
 able court will assign to him an attorney and counselor of this 
 court to prosecute his said action. 
 
 A. B. 
 
 Affidavit annexed. 
 
 City of Troy, ss : A. B., the above-named petitioner, being 
 sworn says, that he is not worth twenty-five dollars in the 
 world, save and except his wearing apparel, and his demand 
 against the said C. G., set forth in the foregoing petition, and 
 that he knows the contents of the foregoing petition by him 
 subscribed, and that the same is true. 
 
 A. B. 
 
 Sworn, &c. 
 
 Certificate of counsel. 
 
 To the Supreme Court : 
 
 I have examined the claim of th§ above-named petitioner 
 against C. G., set forth in the foregoing petition, and believe 
 he has a valid demand and a good cause of action thereon 
 against the said C. G. 
 
 X. v.. Counselor, &c. 
 
220 PRACTICAL POEMS. 
 
 [ No. 856. ] 
 Complaint against maker of a note. 
 
 Supreme Court — 
 
 County of Greene. 
 
 A. B. 
 agh 
 
 CD. 
 
 The above plaintiff complains that the above-named de- 
 fendant, on the fourth day of March, 1850, by his promissory 
 note, in writing, dated on that day, for value received, prom- 
 ised to pay to this plaintiff the sum of five hundred dollars, 
 twenty days from the date thereof, and that he has not paid 
 the same nor any part thereof, but is justly indebted to the 
 plaintiff therefor; whereupon the plaintiff demands judgment 
 against the said defendant for five hundred dollars, with in- 
 terest thereon from the twenty-seventh day of March, one 
 thousand eight hundred and fifty, besides costs of this action. 
 L. M., Plaintiff's Attorney, Coxsackie. 
 
 County of Greene, ss : A. B. the plaintiff, being sworn, 
 says, the foregoing complaint is true of his own knowledge, 
 except as to the matters which are therein stated on his in- 
 formation and belief, and as to those matters he believes it to 
 be true. A. B. 
 
 %°eb 2?1852^ ^^'' ! ^- ^- •^^'^^"^ °^^^^ ^^^'^'• 
 
 [ No. 357. ] 
 Complaint against maker and indorser of note. 
 
 Supreme Court — 
 
 County of Eensselaer. 
 
 A. B. and C. D., 
 
 agt. 
 
 E. P., G. H. and J. K. 
 
 The above-named plaintiffs complain that the defendant 
 
PRACTICAL FORMS. 221 
 
 E. P., on the first day of January, 1850, at Albany, by his 
 promissory note, in writing, dated on that day, for value re- 
 ceived, promised to pay to the defendants G. H. and J. K., or 
 their order, the sum of three hundred dollars, thirty days from 
 the date thereof, and the defendants G. H. and J. K., by the 
 style of H. & Co., afterwards for value received, indorsed the 
 said note, and the same was thereupon, for value received, 
 transferred to the said plaintiffs. That payment of said note 
 was duly demanded at maturity, and the same was thereupon 
 duly protested for non-payment, and notice thereof duly given 
 to the said indorsers, the expense of which protest was the 
 sum of seventy-iive cents. That said defendants have never 
 paid the said note, or any part of it, but are justly indebted 
 to the plaintiffs therefor. Whereupon the plaintiffs demand 
 judgment against the defendants for three hundred dollars, 
 with interest from the fourth day of February, one thousand 
 eight hundred and fifty, besides costs, of this action, and the 
 said seventy-five cents, notary's fees. 
 
 A. L., Plaintiffs' Att'y, Albany. 
 
 [ No. 358. ] 
 
 Complaint on check against maker. 
 
 (Title of the action.) 
 
 The above-named plaintiff complains that the defendant, for 
 value received, on the first day of March, 1851, made his 
 check in writing, dated that day, directed to the Albany Ex- 
 change Bank, and thereby directed and required the said 
 bank to pay to the plaintiff, or bearer, on demand, the sum 
 of one hundred dollars, and the defendant then delivered the 
 said check to the plaintiff. And the plaintiff says that after 
 the making of the said check, and on the first day of March 
 aforesaid, the said check was presented to the said bank, 
 and payment demanded therefor ; but the said bank have not 
 paid the said check, or any part thereof, of which defendant 
 had due notice ; nor has the said defendant paid the same, 
 
222 PRACTICAL FORMS. 
 
 or any part thereof. Wherefore the plaintiff demands judg- 
 ment against the said defendant for the sum of one hundred 
 dollars, and interest thereon from the first day of March, one 
 thousand eight hundred and fifty-one, together with costs of 
 this action. 
 
 M. E., PlaintiEP's Att'y, Troy. 
 
 [ No. 359. ] 
 
 Complaint on chech against maker and indorser. 
 
 (Title of action.) 
 
 The above-named plaintiff complains that the defendant 
 G. H., for value received, on the first day of March, 1851, 
 made his draft or check in writing, dated that day, directed 
 to the Albany City Barfk, and thereby directed and required 
 the said Bank to pay to the defendant L. M., or order, the 
 sum of one hundred dollars, and the said defendant, L. M., 
 for value received, afterwards indorsed the said check, and 
 the same was, for value received, delivered to the said plain- 
 tiff. That payment of said check was duly demanded, and 
 the same was thereupon duly protested for non-payment, and 
 notice thereof duly given to the said indorser, the expense of 
 which protest was the sum of seventy-five cents. That said 
 bank or said defendant have never paid the said check or 
 any part of it, but said defendants are justly indebted to the 
 plaintiffs therefor ; whereupon the plaintiff demands judg- 
 ment against the defendant for one hundred dollars, with in- 
 terest from the first day of March, one thousand eight hun- 
 dred and fifty-one, besides costs of this action and said sev- 
 enty-five cents, notary's fees. 
 
 M. E., Plaintiff's Att'y, 
 New York. 
 
PRACTICAL FORMS. 223 
 
 [ No. 360. ] 
 
 Complaint on bill of exchange against acceptor. 
 
 (Title of action.) 
 
 The plaintiff, in this his complaint, shows to the conrt that 
 on the first day of July, 1850, one C. B., of the city of Buffalo, 
 made his draft or bill of exchange in writing dated on that 
 day and directed to the defendant, and thereby required the 
 said defendant, two months after the date thereof, to pay to 
 the plaintiff or order the sum of one hundred dollars, and in- 
 terest thereon from the date thereof, and the said defendant 
 afterwards and for value received, accepted the said draft or 
 bill, and for value received transferred the same to the plain- 
 tiff. But the said defendant has not paid the same nor any 
 part thereof, but is justly indebted to the plaintiff therefor, in 
 the sum of one hundred dollars, and interest thereon from 
 the first day of July, one thousand eight hundred and fifty, 
 together with costs of this action, and for which sum, interest 
 and costs the plaintiff demands judgment. 
 
 R. P., Plaintiff's Att'y, 
 
 Buffalo. 
 
 [ No. 361. ] 
 
 Complaint on hill of exchange, acceptor against drawer. 
 
 (Title of action.) 
 
 This plaintiff, in this his complaint says, that these defend- 
 ants are indebed to him for certain moneys advanced by this 
 plaintiff, and by him paid in taking up a certain draft drawn 
 by these defendants, by the style of J. B. & Co., for two hun- 
 dred dollars and interest, dated July, 10, 1850, payable ten 
 days after date, and accepted by this plaintiff and by him paid 
 at maturity, without funds in plaintiff's hands to meet the 
 same. 
 
 Wherefore he demands judgment against said defendants 
 
224 PRACTICAL FORMS. 
 
 for two hundred dollars and interest thereon from July tenth, 
 one thousand eight hundred and fifty, with costs of this 
 
 action. 
 
 M. E. Plaintiff's Att'y, 
 
 Utica. 
 
 [ No. 362. ] 
 
 Complaint on hill of eocchange, against acceptor, drawer and 
 
 indorser. 
 (Title of action.) 
 
 This plaintiff in his complaint, shows that the defendant 
 A. B., at Buffalo, made his draft, or bill of exchange, bearing 
 date January 5, 1850, directing and requiring the defendant 
 0. D., for value received, to pay to the order of defendant 
 E. E., the sum of one thousand dollars, and interest, ten days 
 from the date thereof, and the said defendant, C. D., for value, 
 accepted the said draft, and the same was, for value received, 
 indorsed by the said E. F., and by him, for value, transferred 
 to the said plaintiff. That payment of the said draft was 
 duly demanded at maturity, and the same was thereupon duly 
 protested for non-payment, and notice thereof duly given to 
 the said drawer and indorser, the expense of which protest 
 was seventy -five cents. That said defendants have never paid 
 said draft, or any part thereof, but are justly indebted to the 
 plaintiffs therefor, whereupon the plaintiff demands judgment 
 against the said defendants, for one thousand dollars, and in- 
 terest thereon from the fifth day of January, one thousand 
 eight hundred and fifty, with costs of this action, and said 
 seventy-five cents, notary's fees. 
 
 B.C., Plaintiff's Att'y. 
 
 Albany. 
 
PHACTIOAL FORMS. 225 
 
 [ No. 363. ] 
 
 Complaint on hill of exchange against maker for non-acceptance. 
 
 (Title of action.) 
 
 This plaintiff in Ms complaint says, that the defendant on 
 the first day of July, one thousand eight hundred and fifty-one, 
 for value received, made his draft or bill of exchange, dated 
 on that day, and directed the same to one A. B., requiring the 
 said A. B. to pay to the defendant, sixty days from the date 
 thereof, the sum of five hundred dollars, and interest from the 
 date thereof, and for value the said defendant transferred the» 
 same to the plaintiff; that the said draft was duly and in due 
 time presented to the said A. B., and duly protested for the 
 non-acceptance thereof, and notice thereof given to the said 
 defendant ; the expense of which protest is the sum of seventy- 
 five cents. That said defendant has not paid the said draft, 
 or any part thereof Whereupon the plaintiff demands, &c., 
 (as in the usual form.) 
 
 [ No. 364. ] 
 
 Complaint for work, labor and services. 
 
 (Title of action.) 
 
 The complaint of this plaintiff shows to this court, that the 
 above-named defendant is indebted to him for the work, labor 
 and services of the plaintiff, performed at the request of the 
 defendant, and for his benefit, from the first day of May, 1850, 
 to the first day of May, 1851, in the sum of three hundred dol- 
 lars, and interest thereon from the first day of May, one thou- 
 sand eight hundred and fifty-one, for which sum, with the 
 costs of this action, the plaintiff demands judgment. 
 
 R. M., Plaintiff's Att'y, 
 
 New York. 
 15 
 
226 PEACTICAl FOBMS. 
 
 [ Ko. 865. ] 
 
 Complaint for goods sold and delivered. 
 
 (Title of action.) 
 
 The complaint of tlie plaintiff, respectfully shows, that the 
 said defendant is indebted to this plaintiff for goods, wares and 
 merchandise, to wit : law books, blank books, and stationery, 
 heretofore sold and delivered by this plaintiff to the said de- 
 fendant, at divers times, amounting to five hundred dollars, 
 and interest thereon from the sixth day of June, 1847. 
 Wherefore the said plaintiff demands, &c., (as in the usual 
 form.) 
 
 [ No. 366. ] 
 Complaint for use and occupation. 
 
 (Title of action.) 
 
 This plaintiff in his complaint says, that the said defendant 
 is indebted to this plaintiff for the use and occupation of cer- 
 tain rooms in the Atheneum building, irom the first of May, 
 1849, to the first day of May, one thousand eight hundred and 
 fifty, at the yearly rent of two hundred dollars. 
 
 Wherefore he demands judgment, &c., (as in the usual form.) 
 
 [ No. 367. ] 
 
 Complaint on hond for payment of money. 
 
 (Title of action.) 
 
 This plaintiff complains of the defendant and says, that on 
 the tenth day of July, 1849, the said defendant made his cer- 
 tain bond or writing obligatory, sealed with his seal, and in 
 the words and figures following, to wit : (here set forth copy 
 bond.) And the plaintiff further says, that said defendant has 
 
PRACTICAL FORMS. 227 
 
 not paid the sum in tlie said writing obligatory mentioned, or 
 any part thereof, although often requested so to do, but is 
 justly indebted to the plaintiff therefor. Whereupon the 
 said plaintiff demands judgment, &c., (as in the usual form.) 
 
 [ No. 368. ] 
 
 Complaint on undertahing on appeal. 
 
 (Title of action.) 
 
 The above-named plaintiff in this his complaint says, that 
 hferetofore, and on or about the twentieth day of March, 1849, 
 he recovered a judgment in the Mayor's Court of the. city of 
 Albany, (or Albany County Court, or Supreme Court,) against 
 one 0. M., as appears by the record thereof in the clerk's of- 
 fice of the county of Albany, from which judgment the said 
 M. appealed to (the general term of) the Supreme Court, and 
 that on such appeal the said defendants, E. D. and S. B., in 
 their proper persons, became pledges and bail for the said M. 
 in the said action then pending, by an undertaking under the 
 Code of Procedure, in manner and form following, that is to 
 say : that if the said M. should pay all costs and damages 
 which might be awarded against him on the said aj^peal, not 
 exceeding two hundred and fifty dollars, and also if the said 
 judgment appealed from, or any part thereof, be afiirmed, the 
 said M. would pay the amount directed to be paid by the 
 judgment, or the part of such amount as to which the judg- 
 ment shall be afiSrmed, if it be affirmed only in part, and all 
 damages which shall be awarded against the appellant upon 
 the appeal, then the obligation to be void, otherwise to remain 
 in full force and effect. And this plaintiff further says, that 
 afterwards the judgment mentioned and referred to in the said 
 undertaking, and in this complaint mentioned as recovered 
 against the said M., was wholly affirmed by the Supreme 
 Court, with costs of the appeal, and the costs on the said ap- 
 peal awarded against the said M. amounted to one hundred 
 dollars, and that the amount of said judgment and interest 
 
228 PRACTICAL FORMS. 
 
 thereon, and costs so awarded, is two hundred and thirty dol- 
 lars, which by the said Supreme Court was then and there 
 adjudged to this plaintiff, as appears by the record and docket 
 of the said judgment duly entered and docketed in the office 
 of the clerk of the county of Albany, on the nineteenth day 
 of September, 1851 ; that execution thereon, issued to the 
 sheriff of said county of Albany, for the collection of said two 
 hundred and thirty dollars, which was returned by said sheriff 
 wholly unsatisfied, and nothing has been collected or paid on 
 said judgment, but the same is in full force, strength and ef- 
 fect, wholly unsatisfied, whereby an action has accrued to this 
 plaintiff to have and receive the said sum of money of these 
 defendants, according to the tenor and effect of the said un- 
 dertaking. 
 
 Nevertheless, the said defendants have not paid the said 
 plaintiff" the said sum of money, nor any part thereof, but are 
 justly indebted to the plaintiff therefor in the sum of two hun- 
 dred and thirty dollars, and interest thereon from the nine- 
 teenth day of September, 1851, wherefore he demands judg- 
 ment against the said defendant for the sum of two hundred and 
 thirty dollars, and interest thereon from the nineteenth day 
 of September, one thousand eight hundred and fifty-one, to- 
 gether with costs of this action. 
 
 L. M., Plaintiff's Att' 
 
 Albany. 
 
 [ No. 369. 1 
 
 Complaint on bond other than for payment of m,on€y. 
 
 (Title of action.) 
 
 This plaintiff in his complaint says, that the said defendant, 
 on the 10th day of October, 1849, made his certain bond or 
 writing obligatory, sealed with his seal, and in the words and 
 figures following, to wit: (copy bond.) Nevertheless, the 
 said plaintiff in fact says, that after making the said bond or 
 writing obligatory, the said defendant did, on (here set forth 
 the several breaches made by the defendant.) By means of 
 
PRACTICAL FORMS. 229 
 
 which said several premises this plaintiff has sustained dam- 
 ages to a large amount, to wit : to the amount of five hundred 
 dollars, whereby an action has accrued to him, the said plain- 
 tiff, to demand and have of and from the said defendant, the 
 sum of five hundred dollars. Yet the said defendant (although 
 often requested so to do) has not as yet paid the said sum of 
 five hundred dollars, above demanded, or any part thereof, to 
 the said plaintiff, but has hitherto wholly neglected and re- 
 fused, and still neglects and refuses so to do, to his damage of 
 five hundred dollars. Wherefore he demands judgment, &c., 
 (as in the usual form.) 
 
 [ No. 370. ] 
 
 Complaint hy husband and wife on bond to wife before coverture. 
 
 A. B., and M., his wife, ) 
 
 agt. \ 
 
 C. H. ) 
 
 These plaintiffs, in their complaint, say, that the said de- 
 fendant heretofore, and whilst the said M. was sole and un- 
 married, to wit, on the fifth day of June, 1849, at Utica, by 
 his certain bond or writing obligatory, sealed with his seal, 
 and in the words following, that is to say, (here copy bond.) 
 Yet the said defendant, although often requested so to do, 
 has not as yet paid the said sum above demanded, or any 
 part thereof, to the said M., while she was sole and unmar- 
 ried, or to the said plaintiffs or either of them since their in- 
 termarriage, but has hitherto wholly neglected and refused, 
 and still does neglect and refuse to pay the same, or any part 
 thereof, to these plaintiffs, or either of them. Whereupon 
 they demand judgment, &c., and (as in the usual form.) 
 
230 PRACTICAL FORMS. 
 
 [ No. 371. ] 
 
 Complaint hy executor on policy of life insurance. 
 
 A. B., executor of the last will and" 
 
 testament of C. D., deceased, 
 
 051'/. 
 
 F. E. insurance company. 
 
 This plaintiff in his complaint says, that the defendant, at 
 the request and for the benefit of C. D., on the first day of 
 May, 1848; made their writing obligatory, or policy of in- 
 surance, under their respective seals, in the words and figures 
 following, (insert policy,) which said policy of insurance the 
 said defendant, on the said first day of May, did, for the con- 
 sideration or premium therein expressed, deliver to the said 
 C. D. ; and the plaintiff further says, that the said C. D. duly, 
 and in due time paid the annual premiums mentioned in the 
 said policy, from the time of making the said policy until the 
 time of his decease. 
 
 And this plaintiff further says, that the said C. D. departed 
 this life, but not by his own hands, or the hands of justice, 
 the sixth day of June, 1850, having previously, and on the 
 tenth day of January, 1850, made his last will and testament 
 in due form, thereby appointing this plaintiff the executor 
 thereof ; which said last will and testament has been duly 
 proved by the surrogate of the county of Greene, and letters 
 testamentary duly issued to this plaintiff on the first day of 
 July, 1850. 
 
 And this plaintiff further says, that the defendants have 
 not paid the said sum of five thousand dollars, nor any part 
 thereof Wherefore he demands judgment, &c., (as in the 
 usual form.) 
 
 [ No. 372. ] 
 
 Complaint on policy of insurance of goods, dec. 
 
 (Title of action.) 
 
 The plaintiff in his complaint shows that the said defend- 
 
PEACTIOAL FORMS. 231 
 
 ants heretofore, and on the twentieth day of July, 1851, 
 made a certain deed, poll, or policy of insurance, and sealed 
 •with the seal of the defendants, ia the words and figures fol- 
 lowing, (insert policy,) which said deed, poll or policy of in- 
 surance the said defendants, on the said twentieth day of July, 
 delivered to this plaintiff, upon his paying to the said de- 
 fendants the amount of premium, as in the said policy ex- 
 pressed and set forth, and that thereupon the said defendants 
 became the insurers to the said plaintiff for the sum of one 
 thousand dollars, in the said policy of insurance set forth, of 
 the goods, wares and merchandise in the said building, in the 
 said policy mentioned. 
 
 And this plaintiff further says, that at the time of insuring 
 the said goods, wares and merchandise, he was the sole owner 
 thereof and so continued the sole and exclusive owner till 
 the same were destroyed by fire on the sixth day of December, 
 1851. (Next aver the cause of the fire, loss and destruction 
 of the goods, and the facts as to the compliance of the terms 
 as to proof of loss, to entitle the plaintifif to recover,) by reason 
 whereof an action has accrued to the said plaintiff to have, 
 and demand of and from the said defendants, the said sum of 
 one thousand dollars, so insured as aforesaid, and interest 
 thereon. Wherefore he demands judgment, &c., (as in the 
 usual form.) 
 
 [ No. 378. ] 
 
 Complaint against lessee for rent. 
 
 (Title of action.) 
 
 This plaintiff complains of the defendant, and shows, that 
 heretofore and on or about the first day of May, 1850, he 
 rented to the defendant herein, a store and dwelling known 
 and distinguished as lot No. 42 Green street, in the city of 
 Utica, at the yearly rent of two hundred dollars, payable 
 q\iarterly, which said sum this defendant, by an agreement 
 in writing by him signed, agreed to pay ; and that having so 
 hired the said premises, the said defendant entered and occu- 
 
232 PRACTIOAI, POEMS. 
 
 pied, but has not paid the rent for the same for the first two 
 quarters of the said year, amounting to one hundred dollars 
 and interest thereon from the first day of November, 1851. 
 "Whereupon he demands judgment, &c., (as in the usual form.) 
 
 [ No. 374. ] 
 
 Cotnplaint for the non-delivery of goods sold. 
 
 (Title of the action.) 
 
 The plaintiff in his complaint says, that on the third day of 
 July, 1851, he bought of the defendant one thousand barrels 
 of flour, at the price or sum of five dollars per barrel, which 
 said flour the said defendant then and there sold to this plain- 
 tiff, and agreed to deliver to this plaintiff, at his store, in the 
 city of Schenectady, on or before the tenth day of July, 
 aforesaid, on the following terms, to wit : the payment of 
 three hundred dollars at the time of such sale, and the balance 
 in ten days from the delivery of the said flour ; and this plain- 
 tiff further says, that he paid to the said defendant the said 
 sum of three hundred dollars, and is still ready and willing 
 to fulfill and perform his part of the said contract ; but the said 
 defendant, although sufficient time has eilapsed therefor, has 
 failed to fulfill his part of the said agreement, and does still 
 neglect and refuse to perform the same, to the great damage 
 of this plaintiff, to wit : to the damage of five hundred dol- 
 lars. "Wherefore he demands judgment, &c., (as in the usual 
 form.) 
 
 [ No. 375. ] 
 
 Complaint against carrier for loss of goods. 
 
 (Title of action.) 
 
 This plaintiff says, that this defendant is a common carrier 
 of goods and chattels for hire, and that this plaintiff, on the 
 
PRACTICAL FOEMS. 233 
 
 first day of June, 1849, delivered to the said defendant as 
 such common carrier, in the city of Buffalo, five hundred 
 bushels of Avheat, to be carried and transported by the said 
 defendant for the said plaintiff, from the said city of Buffalo 
 to the city of Kew York, and to be delivered to this plaintiff 
 at the city of ISTew York, on or before the first day of August, 
 1849; and the defendant so received the said wheat, and 
 promised safely to convey the same as aforesaid ; yet the de- 
 fendant so carelessly and negligently conducted himself in 
 that behalf, that the said wheat was wholly lost to the plain- 
 tiff, to his damage of six hundred dollars ; wherefore he de- 
 mands judgment, &c., (as in the usual form.) 
 
 [ No. 876. J 
 
 Complaint against an agent for not accounting. 
 
 (Title of action.) 
 
 This plaintiff in his complaint says, that heretofore and on 
 or about the tenth day of July, 1850, he shipped from the 
 port of New York, consigned to this defendant B. P., then his 
 agent, at Mobile, to sell for cash, a large quantity of goods, 
 wares and merchandise, amounting in value to ten thousand 
 dollars, of which consignment said B. P. had notice and was 
 advised, and which agency for a valuable consideration said 
 B. P. undertook and entered upon, and proceeded and sold all 
 of said goods, wares and merchandise on account of the plain- 
 tiff, and yet although sufficient time has elapsed therefor, the 
 said B. P. has neglected and refused, and still neglects and 
 refuses to render a just and true account of such sale and of 
 the produce thereof to this plaintiff, and has also neglected 
 and refused to pay over to this plaintiff the proceeds arising 
 from such sale, or any part thereof; wherefore he demands 
 judgment, &c., (as in the usual form.) 
 
234 PRACTICAL POEMS. 
 
 [ No. 377. ] 
 Complaint against agent for selling on credit. 
 
 (Title of action.) 
 
 Tiiese plaintiffs complaining, state, that on or about tlie six- 
 teenth, day of July, 1850, thirty thousand pieces of sawed 
 lumber, containing three hundred thousand feet, belonging to 
 these plaintiffs, were shipped from the port of New York, 
 consigned to defendant, P. B., then their agent at San Fran- 
 cisco, California, to sell for cash, of which consignment said 
 B. had notice, and which agency for a valuable consideration, 
 said B. undertook and entered upon, and proceeded and sold 
 said lumber to S. & Co. at the price or sum of about fifty 
 thousand dollars, in or before the month of December, 1850, 
 and made delivery thereof to them ; which said sale instead 
 of being for cash, as was said B.'s duty to do, was without 
 any authority, instruction or permission for so doing, sold on 
 time, as above stated, and without retaining any lien thereon ; 
 ■which said sale was in violation of the trust and duty reposed 
 in said B. ; and afterwards, to wit, on or about the third day 
 of July, 1851, said S. & Co. failed, and became, and were 
 wholly unable to pay for said lumber, having paid nothing 
 thereon which has come to the use or possession of these 
 plaintiffs, or any of them. 
 
 These plaintiffs further state, that they have been informed 
 and believe, that some portion of said balance has come to the 
 hands, possession or use of said B., but how much they are 
 not informed, and of which they can obtain no account &om 
 said B., though they have often requested him so to do, and 
 have repeatedly demanded of him any money he may have 
 so received, but this request he has neglected or refused to 
 comply with. It was the duty of said agent as aforesaid, to 
 have sold for cash only, and to have remitted the proceeds, or 
 paid over the same on demand. 
 
 These plaintiffs further say, that by said breaches of duty, 
 and of confidence on the part of said B. as agent, as aforesaid, 
 and by reason of the premises aforesaid, they, the said plain- 
 tiffs, sustain damage to the amount of fifty thousand dollars, 
 
PRACTICAt FORMS. 235 
 
 with interest thereon from Jan. 1, 1851, for whioli the said B. 
 became liable to thera, and for which a right of action accrued 
 to them, to have and recover the same of the said B., and the 
 same remains due to these plaintiffs, and is wholly unpaid, and 
 no setoff against the same ; whereby and by reason of the prem- 
 ises these plaintiffs demand judgment, &c., (as in the usualform.) 
 
 [ No. 378. ] 
 
 Complaint against bailee for not talcing care of goods. 
 (Title of action.) 
 
 This plaintiff in his complaint says, that on the first day of 
 May, 1850, he delivered to the defendant a large quantity of 
 goods, wares and merchandise, of the value of five hundred 
 dollars, to be by the defendant safely and securely kept for 
 the plaintiff, and to be returned and redelivered to the said 
 plaintiff when the said defendant should be afterwards re- 
 quested ; although the said defendant received the said goods, 
 wares and merchandise from the plaintiff, as aforesaid, and 
 although the said defendant was afterwards, to wit, on the first 
 day of December, 1850, requested by the said plaintiff to re- 
 deliver the said goods, wares and merchandise to him the said 
 plaintiff: Yet the said defendant, not regarding his promise 
 and undertaking, did not, nor would take due and proper 
 care of and safely and securely keep the said goods and chat- 
 tels, or any part thereof, for the said plaintiff, nor did nor 
 would at the same time when he was so requested as aforesaid, 
 or at any time afterwards, redeliver the same to the said plain- 
 tiff ; but on the contrary thereof, he, the said defendant, so 
 negligently and carelessly conducted himself, with respect to 
 the said goods, wares and merchandise, and took so httle care 
 thereof, that by and through the mere carelessness, negligence 
 and imjDroper conduct of the said defendant, and his servants 
 in that behalf ; that the said goods, wares and merchandise, 
 being of the value aforesaid, were wholly lost to the said 
 plaintiff, to his damage of five hundred dollars. Wherefore 
 he demands judgment, &c., (as in the usual form.) 
 
236 PRACTIOAI, FORMS. 
 
 [ No. 379. ] 
 Complaint for breach of promise to marry. 
 
 (Title of action.) 
 
 This plaintiff, in his complaint, shows to the court, that on 
 the fifteenth day of June, 1849, ia consideration that the plain- 
 tiff, who was then sole and unmarried, at the request of the 
 defendant, would marry him on request ; the defendant prom- 
 ised to marry the plaintiff on request : And the said plaintiff, 
 confiding in the said promise and undertaking of the said de- 
 fendant, has always from thence hitherto, remained and con- 
 tinued and still is sole and unmarried, and has been * and 
 still is, ready and willing to marry the said defendant. And 
 although the said plaintiff, after the making of the said prom- 
 ise and undertaking of the said defendant, to wit, oa the first 
 day of December, 1849, and at divers other times, requested 
 the said defendant to marry her, the said plaintiff, yet the said 
 defendant, not regarding his said promise and undertaking, 
 did not, nor would not at the said time or times when he 
 was so requested as aforesaid, or at any time before or after- 
 wards, marry her the said plaintiff, but has hitherto wholly 
 neglected and refused to do, and still neglects and refuses so 
 to do, to the damage of the plaintiff of five thousand dollars. 
 Whereupon she demands judgment, &c., (as in the usual 
 form.) 
 
 [ No. 380. ] 
 
 Another form. 
 
 (As in the last to the *, then) ready an(J willing to marry 
 the said defendant. Yet the said defendant not regarding his 
 said promise and undertaking, and after the making of the 
 same, to wit, on the sixth day of June, 1850, wrongfully and 
 injuriously married a certain other person, to wit, one C. P., 
 contrary to his said last promise and undertaking, so by him 
 
PRACTICAL FORMS. 237 
 
 made as aforesaid, to the damage of the plaintiff of five thou- 
 sand dollars. Wherefore she demands judgment, &c., (as in 
 the usual form.) 
 
 [ No. 381. ] 
 
 Complaint against a mechanic for doing his work badly. 
 
 (Title of action.) 
 
 This plaintiff complains of the defendant, and says that 
 on or about the first day of March, 1850, by a certain agree- 
 ment then made by and between the said plaintiff, and the 
 said defendant, it Avas agreed that the said defendant should 
 take down a certain dwelling-house in the city of Utica, and 
 should build another dwelling-house for the said plaintiff, 
 agreeably to certain plans thereof, then in the possession of 
 the said defendant ; and that the said contract or agreement 
 was in the words and figures following : (set out copy con- 
 tract.) And although the said defendant did, afterwards and 
 before the commencement of this action, erect and build the 
 said dwelling-house, with the appurtenances, for the said 
 plaintiff, yet the said defendant, not regarding his said 
 agreement, although the said plaintiff has performed his 
 part of said contract, but contriving and intending to defraud 
 and deceive the said plaintiff in this behalf, did not, nor 
 would erect or build the said house agreeably to the said 
 plans, agreement and particulars, with good and proper ma- 
 terials, and in a sound, substantial and workmanlike manner, 
 but wholly neglected and refused so to do ; and on the 
 contrary thereof, he, the said defendant, erected and built 
 the said last-mentioned house, with the appurtenances, dif- 
 ferent from and contrary to the said plans and agreement 
 and particulars, and with bad and improper materials, and 
 in a slight, weak, inartificial and unworkmanlike manner, 
 contrary to the form and effect of the said plans, agreement 
 and undertaking, to the damage of the plaintiff of two thou- 
 sand dollars. Whereupon he demands judgment, &c., (as in 
 the usual form.) 
 
238 PRACTICAL F0EM3. 
 
 [ No. 382. J 
 
 Corwplaint against innkeeper for loss of a trunk. 
 
 (Title of action.) 
 
 The plaintiff in his complaint says, that the defendant on 
 the third of March, 1851, and from that time hitherto had 
 kept a certain inn or hotel, known as the Dunlop House, in 
 the city of Schenectady, and this plaintiff, on the third day 
 of March aforesaid, put up and was received at the said 
 hotel as a traveler by this defendant, and then and there 
 brought into the said hotel, and delivered to the defendant a 
 trunk, belonging to the plaintiff, containing wearing apparel 
 and other articles of the said plaintiff, of the value of one 
 hundred dollars ; which said trunk with the contents thereof, 
 remained in the said hotel, until the loss thereof; this plain- 
 tiff, during all the time, remaining as a traveler in said hotel. 
 And the plaintiff further says, that by the carelessness, neg- 
 ligence and bad behavior of the said defendant or his servants, 
 the said trunk with its contents was afterwards, and some time 
 in the month of March aforesaid, wrongfully taken and car- 
 ried away by some person or persons wholly unknown to the 
 plaintiff, and thereby was wholly lost to the plaintiff, to his 
 damage of one hundred dollars. "Wherefore he demands 
 judgment, &c., (as in the usual form.) 
 
 [ No. 383. ] 
 Complaint for keeping a dog used to bite mankind. 
 
 (Title of action.) 
 
 This plaintiff in his complaint says, that the said defend- 
 ant on the fifth day of Jul}', 1851, at Troy, wrongfully kept 
 a dog which the said defendant well knew was accustomed * 
 to attack and bite mankind, and which dog at the time and 
 place aforesaid, attacked and bit the plaintiff, and did then 
 and there greatly lacerate, hurt and wound one of the legs of 
 
PRACTICAL FORMS. 239 
 
 tlie said plaintiff, whereby the said plaintiff became sick, sore 
 and lame, and so remained and continued for a long space of 
 time, to wit : for six weeks then next following ; during which 
 time, he, the said plaintiff, thereby suffered and underwent 
 great pain, and was thereby prevented from performing and 
 transacting his regular business ; and also by means of the 
 premises the said plaintiff was put to great expense, cost and 
 charges, in the whole amounting to the sum of two hundred 
 dollars in and about endeavoring to be cured of the said 
 wounds, sickness and lameness, and disorder so occasioned, 
 and hath been and is by means of the premises otherwise 
 greatly injured and damnified, and that the amount of such 
 loss and injury is the sum of three hundred dollars. Where- 
 fore he demands judgment, &c., (as in the usual form.) 
 
 [ No. 384. ] 
 
 Complaint for Tceeping a dog accustomed to bite sheep and other 
 
 animals. 
 
 (As in the last form to * , then) to hunt, chase, bite, worry 
 and kill sheep and lambs, which said dog on the day and year 
 aforesaid, and on divers other days and times, between that 
 day and the commencement of this action, did hunt, chase, bite 
 and worry one hundred sheep and lambs of the plaintiff, be- 
 ing of the value of two hundred dollars, by means whereof 
 divers, to wit : fifty of the said sheep and lambs of the plain- 
 tiff, being of the value of one hundred dollars, then and there 
 died, and became of no value to the said plaintiff, and the re- 
 sidue of the said sheep and lambs of the said plaintiff, being 
 also of great value, were then and there greatly terrified, dam- 
 aged and injured, and rendered of no use or value to the said 
 plaintiff, to the damage of the defendant of two hundred dol- 
 lars. Whereupon he demands judgment against, &c., (as in 
 the usual form.) 
 
240 PBACTICAL FORMS. 
 
 [ No. 385. ] 
 
 Complaint for libel. 
 
 (Title of action.) 
 
 This plaintiff in his complaint says, that this defendant, on 
 the third day of July, 1850, contriving, and wickedly and ma- 
 liciously intending to injure this plaintiff in his good name, 
 fame and credit, and to bring him into public scandal, infamy 
 and disgrace, with and amongst all his neighbors and other 
 good and worthy citizens, and to cause it to be suspected and 
 believed by those neighbors and citizens, that the said plain- 
 tiff had been and was guilty of the offences and misconduct 
 hereinafter mentioned to have been made and charged upon 
 him by the said defendant ; and to vex, harass and oppress 
 him, the said defendant did, on the third day of July afore- 
 said, at Utica, * falsely, wickedly and maliciously, compose 
 and publish, and cause and procure to be published in a news- 
 paper called the Palladium, of and concerning him, the said 
 plaintiff, a false, scandalous, malicious and defamatory libel, 
 containing amongst other things, the false, scandalous, mali- 
 cious, defamatory and libelous matter following, of and con- 
 cerning the said plaintiff; that is to say, (here set forth the 
 libelous matter, with the innuendoes, &c.) By means of com- 
 mitting of which said several grievances, by the said defendant, 
 the plaintiff hath been and still is greatly injured in his good 
 name, fame and credit, and brought into public scandal, infamy 
 and disgrace with and amongst all his neighbors, and other 
 good and worthy citizens, (set forth special damage,) to the 
 damage of this plaintiff of five hundred dollars. Wherefore 
 e demands judgment, &c., (as in the usual form.) 
 
PRACTICAL FORMS. 241 
 
 [ No. 386. ] 
 
 Complaint for slander. 
 
 (As in the last form to the *, then) in a certain discourse 
 which the defendant then and there had in the presence and 
 hearing of divers good and worthy citizens, falsely and mali- 
 ciously spoke and declared of and concerning the said plain- 
 tiff, and of and concerning the said plaintiff in the way of his 
 said profession and business, these false, scandalous, malicious 
 and defamatory words following, that is to say : (here state 
 the words in as many different forms as possible, in order to 
 meet every probable circumstance of the case.) By means of 
 the committing of wbich said several grievances by the said 
 defendant as aforesaid, the said plaintiff has been and still is 
 greatly injured in his good name and credit, and also greatly 
 injured in his profession and business, and brought into pub- 
 lic scandal, infamy and disgrace with and amongst all his 
 neighbors and other good and worthy citizens, (set forth spe- 
 cial damage, if any,) to the damage of this plaintiff of one 
 thousand dollars. Wherefore he demands, &c., (as in the 
 usual form.) 
 
 [ Ko. 387. ] 
 
 Com/plaint for crim. con. with jphdntiff s wife. 
 
 (Title of action.) 
 
 This plaintiff complains of the defendant and says, that the 
 the said defendant contriving and wrongfully and wickedly 
 and unjustly intending to injure the said plaintiff, and to de- 
 prive him of the comfort, fellowship and assistance of the wife 
 of him, the said plaintiff, and to alienate and destroy her affec- 
 tion for him, the said plaintiff, heretofore and on the 16th day 
 of June, 1851, and on divers other days and times since said 
 sixteenth day of June, wrongfully, wickedly and unjustly de- 
 bauched and carnally knew the said Bridget, being the wife 
 of the said plaintiff, and thereby the affection of the said 
 
 16 
 
242 PEACTIOAL FORMS. 
 
 Bridget for him, tlie said plaintiff, was then and there alien- 
 ated and destroyed, and also by reason of the premises, the 
 said plaintiff hath hence hitherto wholly lost and been de- 
 prived of the comfort, fellowship, society, aid and assistance 
 of the said Bridget, his said wife, in his domestic affairs, which 
 the said plaintiff ought to have had and otherwise would have 
 had, to the great damage of this plaintiff of five thousand 
 dollars. Wherefore he demands, &c., (as in the usual form.) 
 
 [ No. 388. ] 
 
 Complaint for debauching daugJder or servant of the plaintiff . 
 
 (Title of action.) 
 
 This plaintiff in his complaint says, that the said defendant 
 contriving and wrongfully and unjustly intending to injure 
 the said plaintiff, and to deprive him of the assistance and ser- 
 vice of Bridget, the daughter and servant of the said plaintiff, 
 on the tenth day of April, 1850, and at divers other days and 
 times since said 10th day of April, at Troy, debauched and 
 carnally knew the said Bridget, whereby the said Bridget be- 
 came pregnant and sick with child, and so remained and con- 
 tinued for a long space of time, to wit, for the space of nine 
 months then next following, at the expiration whereof the 
 said Bridget was delivered of the child with which she was so 
 pregnant as aforesaid, by means of Avhich said several prem- 
 ises, she, the said Bridget, for a long space of time, to wit, 
 for the space of two years, became and was unable to do or 
 perform the necessary affairs and business of the said plaintiff, 
 so being her father and master as aforesaid, and thereby the 
 said plaintiff lost and was deprived of the service of his daugh- 
 ter and servant, and also by means of the said several prem- 
 ises, the said plaintiff was forced and obliged to and necessa- 
 rily did pay, lay out and expend divers sums of money, 
 amounting to three hundred dollars, in and about the care and 
 nursing of the said Bridget, his said daughter and servant, and 
 in and about the delivery of the said child, to the damage of 
 this plaintiff of seven hundred dollars. "Wherefore he de- 
 mands, &c. 
 
PRACTICAL FORMS. 243 
 
 [ No. 389. ] 
 Complaint for infringement of trade mark. 
 
 (Title of action.) 
 
 This plaintiff in this, his complaint, respectfully shows to 
 this court, that he is the owner and publisher of a certain 
 calendar or almanac, known and distinguished as " Webster's 
 Calendar, or the Albany Almanac," and that as such owner 
 and proprietor he has published the same for a number of 
 years last past, to wit : eight years ; that he acquired the title 
 to the same, and the property therein, in the year 1844, by 
 purchase from the then proprietor of the said almanac ; that 
 the said almanac has been annually published and known by 
 the said title of " Webster's Calendar, or the Albany Alma- 
 nac," since the year 1784, as this complainant has been in- 
 formed and believes ; that such publication has been made by 
 this plaintiff, and those through whom he has received title to 
 the same, as the owners and proprietors thereof since the orig- 
 inal establishment of the same in 1784 aforesaid; that the en- 
 joyment of said interest and property, so purchased as aforesaid 
 by this plaintiff, is, has been, and if unmolested and not inter- 
 fered with by said defendant, and those combining with him, 
 would be the source of compensation and profit in the publi- 
 cation thereof. 
 
 And this plaintiff . further shows, that notwithstanding the 
 long and quiet* enjoyment of the said plaintiff in the publi- 
 cation of the said calendar, or almanac, with his well-known 
 trade mark or title, one E. H., the above-named defendant, 
 not regarding the rights, interest and property of the plaintiff 
 herein, has knowingly, willfully and fraudulently interfered 
 with the plaintiff's rights herein, and printed, published, sold 
 and exposed for sale, and advertised to sell, a calendar or al- 
 manac bearing the identical trade mark or title long used and 
 still the property of this plaintiff. And by continued wrong 
 doings in selling, and advertising to sell, said calendar or al- 
 manac, greatly injuring the trade and business of this jjlaintiff 
 in the premises. And also by selling the said calendar or 
 almanac, bearing the title or trade mark of this plaintiff, which 
 
244 PRACTICAL POEMS. 
 
 said calendars or almanacs were of an inferior quality both as 
 to paper and printing, tlie said defendant injured the business 
 reputation of this plaintiff, whereby the said plaintiff has sus- 
 tained damage in the premises amounting to five hundred 
 dollars. 
 
 ^nd this complainant further shows, that he has repeatedly 
 called iipon the said defendant and requested him to desist 
 from his wrong doings and injury to the plaintiff herein, and 
 to pay this plaintiif what, upon a just and equitable account- 
 ing, would be due him. And this complainant hoped the 
 said E. H. would have complied with this plaintiff's reason- 
 able request ; but now so it is, that the said defendant com- 
 bining and confederating together, to and with divers other 
 persons as yet to this plaintiff unknown, but whose names, 
 when discovered, this plaintiff prays may be inserted herein, 
 as defendants, and they made parties hereto, with proper and 
 apt words to charge them how to injure and oppress this 
 plaintiff. The said confederates do now absolutely refuse to 
 pay or to secure the payment for the damages done the said 
 plaintiff, and do also refuse to cease selling or offering for sale, 
 or advertising to sell the said calendars or almanacs with the 
 pirated title or trade mark of this plaintiff. 
 
 Whereupon the plaintiff demands judgment against the 
 said defendant for five hundred dollars, and interest thereon 
 from the 30th day of January, 1852, together with the costs 
 of this action ; and further, this plaintiff prays the aid of this 
 court, that the said E. H., his counselors, agents and attor- 
 neys, may be restrained by an injunction, issuing out of this 
 court, from printing, publishing, selling or exposing for sale, 
 or advertising to sell said calendar or almanac, or any cal- 
 endars or almanacs bearing the title or trade marks of this 
 plaintiff. 
 
 J. Gr., Plaintiff's Att'y, 
 
 Buffalo. 
 
PEACTICAL FORMS. 245 
 
 [ Na 390. ] 
 Complaint on a covenant of quiet enjoyment in a deed. 
 
 (Title of action.) 
 
 This plaintiff in his complaint, shows to the court, that 
 heretofore, and on or about the twenty-first day of May, 
 1845, the said defendant, and Mary his wife, made their war- 
 ranty deed or indenture, in the words and figures following, 
 (here set out deed,) which said deed or indenture, for a 
 valuable consideration, to wit: the sum of one thousand 
 dollars, the said defendant then and there delivered to this 
 plaintiff. 
 
 And this plaintiff further says, that he, the said plaintiff, 
 has not been permitted, nor has he been able from time to 
 time, and at ail times peaceably and quietly to have, hold, 
 use, occupy, possess and enjoy the said premises in the said 
 indenture mentioned, and' thereby intended to be conveyed, 
 nor has he been able to have, receive and take the rents^ 
 issues and profits thereof; but on the contrary, one E. M., 
 who at the time of making the said indenture hereinbefore 
 set forth, and continually from thence, until and at the time 
 of the eviction, ejection and expulsion hereinafter mentioned, 
 had, and still has lawful right and title to the said premises 
 with the appurtenances, did enter into the same, in and upon 
 the possession of the said tenements, and ejected, expelled 
 and removed the said plaintiff, against the will of the said 
 plaintiff, by due process of law, from the possession and oc- 
 cupation of all and every part of the 'premises, (or if only a 
 part set out, what part,) with the appurtenances, and kept 
 and held out, and still keeps and holds out him, the said 
 plaintiff, so thereby expelled from his possession and occupa- 
 tion thereof contrary to the form and effect of the said inden- 
 ture, and of the said covenant of the said defendant, so by 
 him made in that behalf as aforesaid, by reason of all which 
 said" premises, the said plaintiff has not only entirely lost, and 
 been deprived of the said land and tenements in the said in- 
 denture particularly mentioned, and of divers large sums of 
 money bj him, the said plaintiff, laid out and expended in 
 
246 PBACTICAL FORMS. 
 
 and upon the said premises, in repairing, amending and im- 
 proving the same, but has also been obliged to pay the costs 
 and charges sustained by the said E. M., in prosecuting a 
 certain action in the nature of ejectment for the recovery 
 thereof, all of which amount to a large sum, to wit : two thou- 
 sand dollars. Wherefore he demands, &c. 
 
 [ No. 391. ] 
 
 Complaint for the delivery of personal property. 
 
 Title of action.) 
 
 The above-named plaintiff complains of the defendant, and 
 says, that the said defendant, some time in the month of Sep- 
 tember or October, 1850, wrongfully and unjustly took from 
 the custody and possession of this plaintiff, five hundred bar- 
 rels of flour, said flour being the property of this plaintiff, 
 and he entitled to the sole possession thereof; and the 
 said defendant wrongfully and unjustly retains the same in 
 his possession, although the said plaintiff has demanded pos- 
 session thereof, yet the said defendant has refused, and stiU 
 refuses to deliver the same or any part thereof. The plaintiff 
 thereupon demands judgment against the defendant for the sum 
 of twenty -five hundred dollars, and interest thereon from the 
 thirtieth day of October, one thousand eight hundred and 
 fifty-one, together with costs of this action ; or for such other 
 or further relief, legal or equitable, as to the court may seem 
 meet in the premises. 
 
 B. P., Plaintiff's Att'y, Albany. 
 
 [ No. 392. ] 
 
 Complaint for assault and battery . 
 
 (Title of action.) 
 
 This plaintiff in his complaint says, that this defendant, at 
 Schenectady, on the fifteenth day of July, 1851, with force 
 
PEAOTICAl FORMS. 247 
 
 and arms assaulted this plaiatiff, and then and there, with 
 force and violence seized and laid hold of the said plaintiff 
 by his nose, and greatly squeezed and pulled the same, and 
 then and there, with a certain stick and with his fists, gave 
 and struck the plaintiff a great many violent blows and 
 strokes, on and about divers parts of his body ; and also then 
 and there, with great force and violence, shook and pulled 
 about the said plaintiff, and cast and threw the said plaintiff 
 down to, and upon the ground, and then and there violently 
 kicked the said plaintiff, and gave and struck him a great 
 many other blows and strokes ; and also then and there, with 
 great force and violence, rent, tore and damaged the clothes 
 and wearing apparel of the said plaintiff, to wit : one coat, 
 waistcoat and pantaloons, of great value, to wit : of the value 
 of twenty dollars ; which clothes the said plaintiff then and 
 there wore and was clothed with, By means of which said 
 several premises, the said plaintiff was then and there greatly 
 hurt, bruised and wounded, and became and was sick, sore 
 and lame, and so remained and continued for the space of six 
 weeks then next following, during all which time the plain- 
 tiff thereby suffered and underwent great pain, and was hin- 
 dered and prevented from performing and transacting his 
 necessary affairs and business by him during that time to be 
 performed and transacted, and also thereby, the said plaintiff 
 was forced and obliged to, and necessarily did pay, lay out 
 and expend a large sum of money, in and about endeavoring 
 to be cured of the bruises, wounds, sickness, soreness, lame- 
 ness and disorder aforesaid, occasioned as aforesaid. Where- 
 fore he demands, &c. 
 
 [ No. 393. ] 
 
 Complai7it for false imprisonment. 
 
 (Title of action.) 
 
 This plaintiff, in his complaint says, that the defendant, in 
 the city of Utica, on the tenth day of April, 1851, with force 
 
248 PRACTICAL FORMS. 
 
 and arms, assaulted the plaintiff, and then and there seized 
 and laid hold of the said plaintiff, and with great force and 
 violence, pulled and dragged the said plaintiff; and also 
 then and there forced and compelled the said plaintiff to 
 go from and out of a certain dwelling-house situate and being 
 in the city of Utica, into the public street, and then and there 
 forced and compelled him to go in and along divers public 
 streets, to a certain police office, situate and being in the said 
 city, and then and there imprisoned the said plaintiff, and 
 kept and detained him in prison there, without any reasona- 
 ble or probable cause whatsoever, for the space of six weeks 
 then next following, contrary to the laws and customs of this 
 state, and against the will of said plaintiff, whereby the said 
 plaintiff was not only greatly hurt, bruised and wounded, but 
 was also, thereby, then and there greatly exposed and injured 
 in his credit and circumstances, and was then and there hin- 
 dered and prevented from performing and transacting his 
 necessary affairs and business, by him during that time to be 
 performed and transacted, by means whereof the said plain- 
 tiff says that he is injured, and has sustained damage to the 
 amount of five hundred dollars ; and he demands, &c. 
 
 [ No. 394. ] 
 
 Complaint for trespass to real property. 
 
 (Title of action.) 
 
 This plaintiff in his complaint says, that the defendant on 
 the 25th day of July, 1850, with force and arms broke and 
 entered into divers closes of the said plaintiff, situate in the 
 town of Nassau, county of Eensselaer, and there mowed and 
 cut down the grass and grain of the said plaintiff, and then 
 and there seized, took and carried away the hay and grain 
 of the said plaintiff, to wit : five cart loads of hay, and three 
 cart loads of wheat, being the property of the said plaintiff, 
 and took and converted the same to his own use, to the 
 great damage of the plaintiff; and afterwards and on the 
 
PRACTICAL FC)RMS. 249 
 
 third day of August, in the year aforesaid, the said defend- 
 ant broke into and entered certain other closes or lots of this 
 plaintiiF, being in the town aforesaid, and then and there cut 
 down, prostrated and destroyed the trees and underwood of 
 the said plaintiff, and cut, carried away and converted to his 
 own use a large quantity of timber, being the property of the 
 plaintiff; by means of which wrong and unjust doings of the 
 said defendant, this plaintiff has been injured and sustained 
 loss and damage to the amount of three hundred dollars. 
 Wherefore he demands, &c. 
 
 [ No. 395. J 
 
 Coviplaint for trespass in taking goods. 
 
 (Title of action.) 
 
 This plaintiff complains of the defendant, that he, the said 
 defendant, on the tenth day of September, 1851, at Stephen- 
 town, in the county of Rensselaer, wrongfully broke into the 
 plaintiff's barn and took from his possession one large wagon, 
 two sets of harness, two bay horses, one buffalo robe and one 
 whip, being the property of this plaintiff, and then and there 
 took and carried away the same and converted them to his 
 own use, to the damage of this plaintiff of four hundred dol- 
 lars. Wherefore he demands, &c. 
 
 [ No. 396. ] 
 
 Complaint on undertaldng on injunction. 
 
 (Title of action.) 
 
 This plaintiff in his complaint shows to the court, that on 
 the fifteenth day of July, 1850, an injunction issued out of 
 this court in an action commenced by C. D. against this plain- 
 tiff, to restrain, hinder and forbid this plaintiff from the fore- 
 closure of a mortgage, which said mortgage this plaintiff had 
 
250 PRACTICAL FORMS. 
 
 commenced to foreclose by advertisement under the statute, 
 and tliat upon the issuing of the said injunction in the said 
 action, an undertaking was given by the said C. D., in which 
 said undertaking the said defendants L. B. and P. H., in. their 
 proper persons, became pledges and security in the words and 
 figures following : (set out the undertaking.) And this plain- 
 tiff further shows that the said action so commenced against 
 this plaintiff was prosecuted and carried on and finally de- 
 cided by the court ; that the said C. D. was not entitled to the 
 said injunction ; and that the damages sustained by this plaintiff 
 by reason of the said injunction, amounted to the sum of three 
 hundred dollars, and interest thereon from December 10, 1851, 
 which the court then and there awarded to this plaintiff. And 
 this plaintiff further says, that the said C. D. has not paid the 
 said sum of three hundred dollars, or any part thereof, and 
 that the said judgment by this plaintiff so recovered as afore- 
 said, is still in full force, strength and effect, wholly unsatis- 
 fied, whereby an action has accrued to this plaintiff to have 
 and receive the said sum of money of these defendants, ac- 
 cording to the tenor and effect of the said undertaking. 
 "Wherefore he demands judgment, &c. 
 
 [ No. 397. ] 
 
 Complaint against sheriff for false return. 
 
 (Title of action.) 
 
 The above-named plaintiff complains of the defendant, 
 and says that on or about the fourth day of September, 1850, 
 he obtained a judgment against one W. M., of the city and 
 county of New York, amounting to four hundred dollars, as 
 appears by the record of said judgment filed in the office of 
 the clerk of the city and county of Albany, and a transcript 
 thereof duly filed and judgment docketed in the ofiice of the 
 clerk of the city and county of New York, and that an 
 execution thereon was issued to and received by this defend- 
 ant, sheriff as aforesaid, on the sixth day of September afore- 
 said, commanding the said sheriff to levy the said sum of four 
 
PRACTICAL FOEMS. 251 
 
 hundred dollars, and interest thereon from September 4, 1850, 
 and * the said defendant, by virtue of the said execution, took 
 in execution goods and chattels of the said W. M., in value 
 more than sufficient to satisfy said execution and his fees and 
 charges thereon, and yet the said defendant afterward and on 
 or about the fifth day of November, 1850, returned the said 
 writ,, and for return thereto the said defendant, W. M., had 
 no goods and chattels in his, the defendant's bailiwick, out of 
 which he could cause to be levied the amount of the said 
 judgment, and that by reason of the premises the plaintiff has 
 sustained damage to the amount of four hundred dollars and 
 interest thereon from the fourth day of September, 1850. 
 Wherefore he demands, &c. 
 
 [ No. 398. ] 
 
 Complaint against sheriff for not making return. 
 
 (As in the last form to the *, then) and now at this time the 
 said defendant, although sufficient time has elapsed therefor, 
 has not returned the said execution as commanded and di- 
 rected, and that by reason of such neglect, this plaintiff has 
 sustained damage to the amount of four hundred dollars, and 
 interest thereon from September 4, 1850, for which, together 
 with costs of this action, this plaintiff demands judgment. 
 
 B. P., Plaintiff's Att'y. 
 Albany. 
 
 [ No. 399. ] 
 
 Complaint against sheriff for an escape. 
 
 (As in last form but one to the *, then) which said execution 
 was returned wholly unsatisfied, and afterwards and on or 
 about the tenth day of November, 1850, another execution 
 was issued and received by this defendant, on the said tenth 
 day of November, commanding him, the said sheriff, forthwith 
 
252 PRACTICAL POEMS. 
 
 to arrest tbe said "W. M., and commit him to tlie jail of the 
 said county of New York, until he should pay the said judg- 
 ment, by virtue of which said writ, the said defendant so being 
 sheriff as aforesaid, took and arrested the said W. M., by his 
 body, and then and there, by virtue of the said writ, had and 
 detained him in his custody in execution for the said sum of 
 four hundred dollars, besides sheriff poundage and fees, and 
 kept and detained him in custody from thence tUl the said de- 
 fendant, without the leave or license, and against the will of 
 this plaintiff, suffered and permitted the said W. M., to escape 
 and go at large, and the said W. M. did escape and go at 
 large Avheresoever he would, out of the custody of this defend- 
 ant, being sheriff as aforesaid ; and the said sum of four hun- 
 dred dollars and interest thereon, being then and still wholly 
 unpaid and unsatisfied, whereby an action has accrued to this 
 plaintiff, to demand and have of and from this defendant the 
 said sum of four hundred dollars, and interest thereon from 
 September 4, 1850, together with costs of this action ; and he 
 prays judgment therefor. 
 
 B. P., Plaintiff's Att'y. 
 
 [ No. 400. ] 
 
 Complaint for breach of warranty of horse. 
 
 (Title of action.) 
 
 This plaintiff complains of the defendant, and says that on 
 the tenth day of April, 1851, at the special instance and re- 
 quest of the said defendant, he bargained with the said defend- 
 ant and bought of the said defendant a certain horse, at and 
 for the sum of one hundred dollars, and the said defendant, 
 by then and there representing the said horse to be in every 
 way sound and gentle, and quiet in harness, then and there 
 sold the said horse to the said plaintiff for the said sum of one 
 hundred dollars, whicli this plaintiff then and there paid to 
 the said defendant : whereas^ in truth and in fact, the said 
 horse was at the time of the said warranty and sale thereof, 
 imsound, and had the heaves and was unsteady, restive and 
 
PRACTICAL FORMS. 25S 
 
 ungovernable in harness, and has so remained and continued 
 from thence hitherto. And this plaintiff further says, that re- 
 lying upon the said warranty of the said defendant, he after- 
 wards attempted to use the said horse in harness, and the said 
 horse being unsteady, restive and ungovernable in harness, 
 without the fault of this plaintiff ran away, greatly injuring 
 and breaking the said plaintiff's wagon, and also greatly in- 
 juring and bruising the said plaintiff, whereby the said plain- 
 tiff became sick, sore and lame, and was hindered and pre- 
 vented from doing his work, which it was necessary for him 
 to do, and has been put to great expense in diverse ways on 
 account of his relying upon the said warranty of the said horse, 
 and has sustained damage thereby to a large amount, to wit, 
 three hundred dollars. Wherefore he demandsjudgment, &c. 
 
 [ No. 401. ] 
 Com/plaint Jor wo^h, labor and materials. 
 
 (Title of action.) 
 
 This plaintiff in his complaint says, that this defendant is 
 indebted to this plaintiff for the work, labor and services, 
 care and diligence of this plaintiff and his servants, for the 
 defendant at sundry times, and also for materials and other 
 necessary things supplied by this plaintiff to the defendant, at 
 his request, in building a certain dwelling-house for the said 
 defendant, at the village of West Troy, in the county of 
 Albany; that the amount of such work, labor and services, 
 care and diligence of this plaintiff, and his servant, and also 
 for the materials and other necessary things, furnished at the 
 request of the defendant, is the sum of five hundred dollars. 
 
 And this plaintiff admits that he has received from the said 
 defendant the sum of two hundred dollars, in part payment 
 of the same ; but the balance, to wit, of three hundred dol- 
 lars, and interest thereon from the third day of December, 
 1851, is still due and vmpaid to this plaintiff. Wherefore, he 
 demands, &c. 
 
254 PRACTICAL FORMS. 
 
 [ No. 402. ] 
 Complaint to dissolve marriage because of nan age. 
 
 (Title of action.) 
 
 This plaintiff, son of A. B., of the city of Troy, an infant 
 under the age of twenty-one years, to wit, of the age of about 
 fifteen years, by C. B., his guardian or next friend, in this his 
 complaint, says : That on or about the fifteenth day of Decem- 
 ber, 1850, this plaintiff intermarried with one E. F., (now 
 E. B.,) at the city of Schenectady, and that at the time of the 
 said marriage this plaintiff and defendant were, and now are, 
 inhabitants of this state. 
 
 And this plaintiff further shows, that at the time of his 
 said marriage, he was an infant under the age of legal con- 
 sent, to wit, of the age of about thirteen years, and was there- 
 fore incapable of contracting marriage, and the said B. F. was 
 of the age of about eleven years. 
 
 And this plaintiff further shows, that for a short time after 
 the said marriage, he cohabited with the said E. F., but they 
 have not cohabited as husband and wife for any time, or in 
 any manner, since this plaintiff obtained the age of consent, 
 that is to say, the age of fourteen, which was on the twentieth 
 day of February, 1852. 
 
 And this plaintiff further shows, that he is desirous of hav- 
 ing the said marriage, between him and the said E. F., dis- 
 solved and declared null and void by a decree of this court. 
 Wherefore he demands that the said marriage between him 
 and the said E. F., may be dissolved and declared null and 
 void by a decree of this court, according to the statute in such 
 case made and provided ; and that this plaintiff may have 
 such further or other relief in the premises as shall be equi- 
 table, and the circumstances of the case may require. 
 
 M. E., Plaintiff's Att'y, Troy. 
 
PRACTICAL POEMS. 255 
 
 [ No. 403. ] 
 
 Complaint to dissolve marriage lecause of lunacy. 
 
 (Title of action.) 
 
 This plaintiff in his complaint, shows to the court, that on 
 or about the tenth day of March, 1849, this plaintiff inter- 
 married with one L. M., (now L. B.,) at the city of Utica, and 
 that at the time of the said marriage, this plaintiif and the 
 said L. B. were, and ever since have been, and now are in- 
 habitants of this state.* 
 
 And this plaintiff further shows, that about two years prev- 
 ious to the said marriage, and on or about the twenty-eighth 
 day of February, 1847, this plaintiff had, by an inquisition 
 of a jury, taken under and by virtue of a commission in the 
 nature of a writ, de lunatico inquirendo, issued out of the 
 Court of Chancerjr, upon the petition of the plaintiff's brother 
 for that purpose, been found to be a lunatic and of unsound 
 mind, not having lucid intervals, and that he was incapable 
 of the government of himself, or of the management of his 
 lands, tenements, goods or chattels, and that he had been in 
 that state for about one year. 
 
 And this plaintiff further shows, that upon the return of 
 said inquisition to the said Court of Chancery, an order was 
 entered on the fifth day of May, 1847, confirming the finding 
 of the jury in the said inquisition, and appointing C. B., the 
 brother of this plaintiff, the committee of his person and 
 estate. 
 
 And this plaintiff further shows, that from the time of 
 taking the inquisition aforesaid, until the said marriage and 
 until long afterwards, he was a lunatic, and of unsound mind, 
 and incapable of contracting matrimony. And this plaintiff 
 further says, that at the time the said marriage took place, it 
 was well known to the said L. that this plaintiff was a lunatic, 
 under the care of his said committee, and that he was incom- 
 petent to consent to such marriage. That the said L. had 
 been a near neighbor of this plaintiff for several years, and 
 had notice not only of his mental incapacity, but of all the 
 proceedings under the commission of lunacy above mentioned. 
 
256 PRACTICAl FORMS. 
 
 And this plaintiff further shows, that the said marriage took 
 place and was entered into without the knowledge or consent 
 of the committee of this plaintiff. 
 
 And this plaintiff further shows, that he is now perfectly 
 recovered of his lunacy aforesaid, and restored to his right 
 mind, memory and understanding, and has been so for about 
 one year last past ; and that by an order of this court, made 
 upon the application of this plaintiff, on the twentieth day of 
 August last, the commission of lunacy issued against him as 
 aforesaid, and the inquisition taken thereon, were superseded 
 and determined, and this plaintiff was discharged from the 
 care, custody and government of his said committee. 
 
 And this plaintiff further shows, that since his restoration 
 to a sound state of mind as aforesaid, he has not voluntarily, 
 nor in any manner cohabited with the said L. That this 
 plaintiff is advised that the marriage had and solemnized 
 between him and the said L., as aforesaid, is, under the cir- 
 cumstances attending the same, invalid and null ; and there- 
 fore he demands that the same should be dissolved and ad- 
 judged, and declared null and void, by a decree of this court 
 
 E. M., Att'y for Plaintiff. 
 
 [ No. 404. ] 
 Complaint to dissolve marriage for •physical incapacity. 
 
 (As in the last form to the *, then) And this plaintiff 
 further shows, that immediately after the said marriage took 
 place, this plaintiff discovered that the said L., at the time of 
 her intermarriage with this plaintiff as aforesaid, was physic- 
 ally incapable of entering into the marriage state; that the 
 uterus and vagina of the said L., were at the time of such 
 intermarriage, and for a long time previous thereto, had been 
 in a diseased, and in a schirrous, cartilaginous and ulcerated 
 state ; and unnaturally thickened and indurated, so that the 
 said marriage could not be consummated by the sexual inter- 
 course of the parties. 
 
PRACTICAL FOEMS. 257 
 
 And this plaintiif furtlier shows, tkat for about six years 
 next preceding tlie said marriage, the said L. had been a 
 widow, during all which period of time, as this plaintiff has 
 been informed and believes, the said diseased state of the said 
 L. existed, and was increasing and progressing ; and that the 
 physical incapacity of the said L., arising from the diseased 
 condition of the parts aforesaid, was well known to her at the 
 time of her said intermarriage with this plaintiff, and for a 
 long time previous thereto. 
 
 And this plaintiff further shows, that as he has been in- 
 formed and believes, the said physical incapacity of the said 
 L. still exists and is incurable, and so charges the fact to be. 
 And this plaintiff further shows, that he is desirous of having, 
 and demands that the said marriage, between him and the 
 said L., be dissolved, and declared null and void by a judg- 
 ment of this court, according to the statute in such case made 
 and provided. 
 
 A. S., Plaintiff's Att'y. 
 
 [ No. 405. ] 
 Complaint to dissolve Tnarriage because of adultery. 
 
 (Title of action.) 
 
 This plaintiff says that on or about the tenth day of April, 
 184:2, he intermarried with L. E., (now L. B.,) at the city of 
 Buffalo, and he continued to live with the said L. as his wife, 
 until about the first day of January, 1851, and that from the 
 time of the said marriage they have been, and at the time 
 and times of the commission of the several acts of adultery 
 hereinafter set forth, were and now are inhabitants of this 
 state. 
 
 And this plaintiff further shows, that during the time he 
 lived and cohabited with the said L. as his wife, she had three 
 children, to wit : A, aged about eight years, B. aged about 
 six, and 0. aged about four. 
 
 And this plaintiff further shows, that he is informed and be- 
 lieves that the said L., disregarding the solemnity of the mar- 
 
 17 
 
258 PRACTICAL FORMS. 
 
 riage vow, has since the marriage aforesaid, committed adul- 
 tery at divers times and places ; and especially that the said 
 L., on the twenty-seventh day of December, 1850, at the city 
 of Eochester, did commit adultery and have carnal connec- 
 tion with one T. P. ; and that the said L. did at various other 
 times during the years 1850 and 1851, commit adultery and 
 have carnal connection with the said T. P., at the place last 
 aforesaid and at some other place or places. 
 
 And this plaintiff further shows, that he was wholly and 
 entirely ignorant of the commission of the aforesaid acts of 
 adultery by the said L., or any or either of them, until about 
 the first day of January, 1851 ; that five years have not 
 elapsed since he discovered the fact that such adultery had 
 been committed by her ; that he has not voluntarily cohabited 
 with her since the discovery thereof, and that such adultery 
 was committed by her without his consent, connivance, privity 
 or procurement. 
 
 And this plaintiff further shows, that as he is informed and 
 believes, that the said L. is now, and for some time past has 
 been living with one W. X. in open and notorious adultery, 
 at Schenectady, and that five years have not elapsed since 
 the commencement of such adulterous intercourse was dis- 
 covered by this plaintiff; and that such adulterous inter- 
 course between the said L. and the said W. X. was begun and 
 is continued without his consent, connivance, privity or pro- 
 curement. 
 
 In consideration of the premises, this plaintiff demands the 
 decree or judgment of this court, that the marriage between 
 this plaintiff and the said L. may be dissolved, and a divorce 
 decreed according to the statute in such case made and pro- 
 vided ; and that this plaintiff may have such other and fur- 
 ther relief in the premises as shall be equitable. 
 
 B. C, Plaintiff's Att'y, Utica. 
 
PRACTICAL FORMS. 259 
 
 [ No. 406. ] 
 Complaint to obtain a limited divorce or separation. 
 
 (Title of action.) 
 
 This plaintiff, the wife of Y. Z., a merchant of the city of 
 Buffalo, by her next friend, A. B., says, that on or about the 
 sixteenth day of July, 1844, this plaintiff was duly married 
 to the said Y. Z., and continued to live with him as his wife, 
 until the tenth day of January last past. That at the time of 
 the said marriage this plaintiff and defendant were, and still 
 are inhabitants of this state. 
 
 And this plaintiff further shows that during the time she 
 lived and cohabited with the said Y. Z., as aforesaid, she had 
 two children by him, to wit, Ellen, about three years old, and 
 Jane, about one year old. And that during all the time, she 
 conducted herself with propriety, managed the household 
 affairs of her said husband with prudence and economy, and 
 at all times treated her said husband with kindness and for- 
 bearance. But that the said Y. Z., disregarding the solemnity 
 of his marriage vow, and his obligation to treat his said wife, 
 this plaintiff, with kindness and attention, within about two 
 years after their said marriage, commenced a course of harsh, 
 unkind and tyrannical conduct towards her, which continued 
 with very slight intermissions, until she finally separated from 
 him in the month of January last. 
 
 And this plaintiff farther shows, that on divers occasions, 
 while this plaintiff lived with the said Y. Z. as aforesaid, he 
 was guilty of cruel and inhuman treatment, and of such con- 
 duct towards her as rendered it unsafe and improper for her 
 to cohabit with him. That on or about the tenth day of De- 
 cember, 1851, (here specify the several particular acts of 
 cruelty.) 
 
 And this plaintiff further shows, that the said Y. Z. was, 
 and is a man of violent passions, of ungovernable temper, 
 and of intemperate habits; and that on many occasions dur. 
 ing the time this plaintiff lived with the said defendant, he 
 addressed to her the most opprobrious epithets, and threats of 
 personal violence, and that he repeatedly threatened to take 
 
260 PEACTIOAL POEMS. 
 
 her life. And that in consequence of the cruel and inhuman 
 treatment above mentioned, together with the threats afore- 
 said, and such brutal and outrageous conduct towards her as 
 rendered it unsafe for her to live with him, or to remain 
 within the reach of his violence, she was on or about the tenth 
 day of January, 1852, obliged to leave the house of the said 
 Y. Z. and go to her friends ; since which time she has not 
 dared to return to his said house, or to live with him. 
 
 And this plaintiff further shows, that since she left the 
 house of the said Y. Z., he has refused to provide for her sup- 
 port and maintenance ; and that she has been, and now is de- 
 pendent entirely upon her own labor and the charity of her 
 friends fot her support. That she is now very destitute and 
 in great want, and that she is indebted to a considerable 
 amount for board and necessary clothing. 
 
 And this plaintiff further shows, that within about a year 
 after their marriage, the said Y. Z. received about five thou- 
 sand dollars as the distributive share of this plaintiff in her 
 father's estate ; the whole of which he has apphed and con- 
 verted to his own use. And that the said Y. Z., as this plain- 
 tiff is informed and believes, is seized and possessed of real 
 estate to the amount of twenty thousand dollars. 
 
 In consideration of these premises, this plaintiff seeks the 
 aid of this court, and demands that a separation from bed and 
 board forever may be adjudged and decreed between this 
 plaintiff and the said Y. Z., and that he may be compelled by 
 a decree of this court to make a proper and suitable provision 
 for the support and maintenance of this plaintiff and her said 
 children ; and that this plaintiff may have the care, custody 
 and education of the children of the said marriage, according 
 to the statute in such case made and provided, and that this 
 plaintiff may have such other or further relief in the premises 
 as shall be equitable and the circumstances of this case may 
 require. 
 
 M. P., Plaintiff's Att'y, Buffalo. 
 
PRACTICAL FORMS. 261 
 
 [ No. 407. ] 
 Coviplaint to foreclose a mortgage. 
 
 (Title of action.) 
 
 The above-named plaintiff complains, tliat the defendant, J. 
 v., on or about the twenty-first day of October, 1849, execu- 
 ted under his hand and seal, and delivered to this plaintiff a 
 bond bearing date on that day, in the penal sum of eight hun- 
 dred dollars, with a condition thereunder written, in substance 
 that if the obligor in the said bond, his heirs, executors or ad- 
 ministrators, should pay or cause to be paid to said plaintiff, 
 the obligee in the said bond named, his heirs, executors, ad- 
 ministrators or assigns, the sum of four hundred dollars, on or 
 before the twenty-first day of October, 1851, with lawful in- 
 terest thereon annually, then the said bond to be void, other- 
 wise to be and remain in full force, (as by the said bond, ready 
 to be produced as this court shall direct, will more fully ap- 
 pear.) And the said J. V., and Mary his wife, to secure the 
 payment of the principal and interest mentioned in the condi- 
 tion of the said bond, did at the same time execute under their 
 hands and seals, and deliver to said plaintiff a mortgage bear- 
 ing the same date with the said bond, and conditioned for the 
 payment of the said sum of four hundred dollars, and the law- 
 ful interest thereof, at the time and in the manner hereinbefore 
 mentioned, according to the condition of the said bond ; by 
 which said mortgage, the said J. Y., and M. his wife, mort- 
 gaged, bargained and sold to the plaintiff, the following described 
 premises, with the appurtenances thereto, that is to say, (here 
 set forth the mortgaged premises,) which mortgage was duly 
 acknowledged and certified, so as to entitle it to be recorded, 
 and the same was afterwards duly recorded as a mortgage, in 
 the office of the clerk of the county of Greene, on the twenty- 
 second day of October, 1849, (as by the said mortgage, and 
 the certificate of acknowledgment and of the recording afore- 
 said, indorsed thereon, and now ready to be produced as this 
 court shall direct, will more fully appear.) 
 
 And this plaintiff farther says, that as he is informed, E. G., 
 F. H., and J. K., have or claim to have, some interest in or 
 
262 PEACTIOAIi FOEMS. 
 
 claim upon said mortgaged premises wliicli said interest or 
 claim is subsequent to and subject to the plaintiff's. And no 
 personal claim is made against any of said defendants, except 
 the defendant and mortgagor, the said J. V. 
 
 And plaintiff further says, that the sum of four hundred 
 dollars of principal, the amount secured by the said bond and 
 mortgage, together with the interest on that sum from the 
 twenty-first day of October, one thousand eight hundred and 
 fifty, still remains due and unpaid to the plaintiff, and that no 
 other proceedings at law have been had to recover the debt 
 secured by the said bond and mortgage, or any part thereof. 
 
 The plaintiff therefore prays the aid of this court in the 
 premises, and that the usual judgment or decree may be made 
 for the sale of the mortgaged premises aforesaid, and for the 
 amount due the plaintiff, for principal and interest on the said 
 bond and mortgage, together with his costs in this action, and 
 that the said defendants, and all persons claiming under them 
 subsequent to the commencement of this action, either as pur- 
 chasers, incumbrancers, or otherwise, may be barred and fore- 
 closed of all equity of redemption in the said premises ; and 
 that the defendant, J. V., may be adjudged to pay any defi- 
 ciency which may remain after applying all of said moneys so 
 applicable thereto, and that the plaintiff may have such far- 
 ther or other relief as the nature of the case may require, and 
 as to this court may seem proper and agreeable to equity. 
 
 M. R., Plaintiff's Att'y, 
 
 Catskill. 
 
 [ No. 408. ] 
 
 Complaint for moneys paid out for defendant. 
 
 (Title of action.) 
 
 The complaint of this plaintiff respectfully shows to this 
 court, that the defendant herein is justly indebted to this 
 plaintiff for moneys by this plaintiff paid, laid out and ex- 
 pended for the said defendant, and at his request, in the sums 
 and at or about the dates as follows : in the sum of one hun- 
 
PRACTICAL FORMS. 263 
 
 dred and fifty dollars, paid by this plaintiff to B. G., for work, 
 labor and services of the said B. Gr. for the said defendant, 
 which said sum. was paid on or about the first day of May, 
 one thousand eight hundred and fifty -four ; also, for the sum 
 of sixty dollars paid by this plaintiff to M. H., in payment of 
 moneys by the said M. H. lent to the said defendant, which 
 said sum of sixty dollars was paid by this defendant on or 
 about the third day of June, one thousand eight hundred and 
 fifty-six ; all which said sums were paid by this plaintiff for 
 the benefit of, and at the request of the said defendant. 
 Wherefore the plaintiff demands judgment against the said 
 defendant for the several sums above mentioned, with inter- 
 est on the same respectively, from the several dates above 
 mentioned, together with the costs of this action. 
 
 P. M., Plflf 's Att'y. 
 
 [ No. 409. ] 
 Complaint in partition. 
 
 (Title of action.) 
 
 The complaint of A. B., the plaintiff herein, respectfully 
 shows, that Gr. B., late of the city and county of New York, 
 deceased, late father of the plaintiff, was, in his lifetime, and 
 at his death, seized in fee simple of the following described 
 real estate : to wit, (describe premises particularly.) 
 
 That the said Gr. B., being so seized as aforesaid, of the above 
 described property, died on or about the tenth day of Decem- 
 ber last past, leaving C. B., his widow, and this plaintiff, and 
 the defendants B. B., D. B. and L. B., his children, him sur- 
 viving : that at the time of the death of the said Gr. B. all the 
 defendants were of full age, and they then resided and all do 
 still reside within this state. 
 
 And the plaintiff further shows, that the dower of the said 
 widow, C. B., has never been admeasured or in any way set 
 apart for her use from the estate of the said Gr. B. : that this 
 plaintiff is seized in fee simple and entitled to the undivided 
 one fourth part of the said estate : that the defendant E. B. is 
 
264 PRACTICAL FOEMS. 
 
 seized in fee simple and entitled to the nndivided one fourtli 
 part of the said estate : that the defendant D. B. is seized in 
 fee simple and entitled to the undivided one fourth part of 
 the said estate : and the defendant L. B. is also seized in fee 
 simple and entitled to the undivided one fourth part of the 
 said estate. That each of said undivided one fourth parts of 
 said estate are subject to the dower right of the said 0. B., and 
 that there are no other specific liens and incumbrances against 
 the said estate, or any part thereof; and that the real estate 
 described in this complaint is the only real estate owned in 
 common by the aforesaid parties to this action, and comprise 
 all the real estate of which the said Q. B. died seized in fee 
 simple. 
 
 That the plaintiff is desirous, and prays judgment that a 
 partition or division should be made of the said several par- 
 cels of land and real estate, among the several parties seized 
 of or entitled thereto, according to their respective rights, es- 
 tates and interests therein ; or in case the said several parcels 
 of land cannot be divided among the owners thereof without 
 material injury to the parties interested therein, then that 
 such part or portions that cannot be so divided may be sold, 
 and the proceeds thereof divided among such parties accord- 
 ing to their respective rights and interests ; and that the dower 
 interest of the said 0. B. may be apportioned upon specifi.c 
 pieces of the said premises, or in case it cannot be apportioned 
 upon specific portions of the said premises, that then a por- 
 tion of the said sum for which the said premises shall be 
 sold be set apart, the annual income of which to go to the 
 said widow; provided, however, that the said widow shall 
 not elect to receive a gross sum in lieu and instead of the in- 
 come of the amount to be set apart as aforesaid ; but in case 
 the said C. B. shall elect to receive a gross sum for her dower 
 interest, that this court so adjudge and decree ; and for such 
 other and further relief and judgment in the premises as the 
 nature of this case may require, and be agreeable to equity, 
 and that the plaintiffs may be allowed their costs and dis- 
 bursements in this action. 
 
 L. H., Plff's Att'y, New York. 
 
PRACTICAL FORMS. 266 
 
 [ No. 410. ] 
 
 Complaint^ commencement ofhya corporation. 
 
 (Title of action.) 
 
 The above-named plaintiff, a corporation incorporated by 
 the legislature of the state of JSTcw York, (by an act passed 
 July 10, 1851, or organized under a general law passed by 
 the legislature of the state of New York, March 5, 1854,) &c. 
 
 [ No. 411. ] 
 
 Complaint, commencement against a corporation. 
 
 (Title of action.) 
 
 The above-named plaintiff for complaint states, that the 
 above-named defendant, a corporation located in the city of 
 Albany, formed under and in pursuance of an act of the legis- 
 lature of the state of New York, entitled " An act to author- 
 ize the formation of corporations for the erection of buildings, 
 passed April 5, 1853," on the seventh day of January, 1856, 
 made its promissory note, &c. 
 
 [ No. 412. ] 
 
 Complaint, commencement hy infant plaintiff. 
 
 Supreme Court— 
 Albany County. 
 Gr. A., by D. B., his guardian, | 
 against > 
 
 F. M. ) 
 
 This plaintiff, by D. B., his guardian, duly appointed by 
 order of this court, (or of a judge of this court,) for that pur- 
 pose first had and obtained in pursuance of the statute, com- 
 plains and states, &c. 
 
266 PRACTICAL FORMS. 
 
 [ No. 413. ] 
 
 Com/plaint by executor, commencement of. 
 
 Supreme Court — 
 
 County of Orleans. 
 G. M., executors, &c., of 
 M. G., deceased 
 agt. 
 B. L. ■ 
 
 The above-named plaintiff, executor of the last will and 
 testament of M. G., late of the town of Carlton, in the said 
 county of Orleans, deceased, in this his complaint, says, &c. 
 
 [ No. 414. ] 
 
 Complaint hy administrator, commencement of. 
 
 Supreme Court — 
 
 County of Columbia. 
 
 B. B., administrator, &c., of ' 
 
 E. C, deceased, 
 
 agt. 
 
 G. L. 
 
 The above-named plaintiff, administrator of all and singu- 
 lar the goods, chattels and credit of E. C, late of the said 
 county of Columbia, deceased, complaining, says, &c. 
 
 [ No. 415. ] 
 
 Com/plaint hy committee of a lunatic. 
 
 Supreme Court — 
 Albany County. 
 P. B., committee of the 
 estate of B. M., 
 agt. 
 H. M. 
 This plaintiff, for complaint, says, that on a petition of lu- 
 
PRACTICAL FORMS. 267 
 
 nacy, issued out of tlie Supreme Court, against said B. M., on 
 or about tlie nintli day of November, 1854, which was duly 
 executed by commissioners therein named, in the county of 
 Albany, where said B. M. then resided, and still resides, and 
 thereby, on the 18th day of JSTovember, 1854, it was found, by 
 a jury duly summoned, that said B. M. was of unsound mind 
 and incapable of the management of his lands, tenements, 
 goods, chattels and property, and that he had been in the same 
 state of lunacy for the space of two years and tipwards then 
 next preceding ; whereupon, on finding said commission duly 
 executed, with the return of the commissioners and jury 
 thereon indorsed and signed, with the clerk of Albany county, 
 this court, on the 16th day of December, 1854, confirmed said 
 finding of the jury, and further ordered, that said P. B., of 
 Albany, be, and he then and there was, appointed committee 
 of the person and the estate of B. M. ; and said Pi B. filed 
 with said clerk, on or about December 18, 1854, the requisite 
 bond for the faithful performance of his trust, duly acknowl- 
 edged and approved ; and that said appointment remains in 
 fall force, whereby said P. B. is still committee as aforesaid. 
 
 And this plaintiff says that said H. M. gave a promissory 
 note on or about Nov. 2, 1853, as follows : 
 
 Northumberland, Nov. 2, 1853. 
 $500. One year from date for value received, I prom- 
 
 ise to pay N. Bradshaw or bearer, five hundred dollars, with 
 
 interest. 
 
 (Signed) H. M. 
 
 And said Bradshaw, for value received, indorsed over and 
 dehvered said note to said B. M., who then and thereby be- 
 came the owner thereof 
 
 This plaintiff further says, that he is informed and believes 
 that said note has not been paid, nor any part thereofj either 
 to said B. M., before the appointment of this plaintiff as com- 
 mittee, or to this plaintiff since said appointment ; that by 
 virtue of said orders of the Supreme Court, said sum of money 
 became due and payable to this plaintiff, and is still due him, 
 he being the owner thereof as aforesaid. "Wherefore he de- 
 mands judgment against said defendant for said five hundred 
 
268 PRACTICAL POEMS. 
 
 dollars, and interest thereon from the second day of Novem- 
 ber, one thousand eight hundred and fifty three, together with 
 costs of this action. 
 
 B. 0., Plaintiff's Attorney, 
 
 Albany. 
 
 [ No. 416. ] 
 Complaint against executors. 
 
 Supreme Court — 
 
 County of Ulster. 
 
 H. A. 
 
 against 
 
 E. S., executor of 
 
 K. B., deceased. 
 
 The complaint of the above-named plaintiff shows, that 
 K. B., in his lifetime made his promissory note in writing, 
 and for value received transferred and delivered the same to 
 this plaintiff, wherein and whereby the said K. B. promised 
 to pay to this plaintiff, the sum of one hundred dollars, and 
 interest thereon from the sixth day of August, 1856 ; that 
 said K. B., on or about the sixth day of September, 1856, 
 departed this life, leaving a last will and testament wherein 
 the defendant was named as an executor, and that said last will 
 and testament has been duly proved and admitted to probate 
 in the ofiice of the surrogate of the county of Ulster, the 
 county in which said K. B. resided a short time before and 
 at the time of his death ; that letters testamentary have issued 
 thereon to said defendant, and he has qualified and taken 
 upon himself the duties as executor as aforesaid ; that said 
 K. B. did not in his lifetime, pay the said note or any part 
 thereof, nor has the said defendant, since the death of the 
 said defendant, paid the same or any part thereof; that this 
 plaintiff )xas, presented the said note to this defendant and re- 
 quested the payment thereof, and has also requested the said 
 defendant, that the claim of this defendant against the es- 
 tate of the said K. B., deceased, be referred to referees ac- 
 cording to the statute in such case made and provided ; but 
 
PEACTIOAL FOEMS. 269 
 
 that the said defendant has refused to pay said claim or de- 
 mand, and has also refused to refer the said question as above 
 requested. Wherefore this plaintiff demands j udgment against 
 the said defendant for the sum of one hundred dollars, and 
 interest thereon from the sixth day of August, one thousand 
 eight hundred and fifty-six, together with costs of this action. 
 
 M. 0., Plaintiff's Attorney. 
 
 [ No. 417. j 
 
 Complaint against partnership firm, commencement of. 
 
 (Title of action.) 
 
 This plaintiff, in his complaint, shows that this defendant, 
 A. C, B. P. and Gr. R., doing business as partners in the name 
 and style of A. C. & Co., made their joint and several prom- 
 issory note, &c. 
 
 [ No. 418. ] 
 
 Complaint of plaintiffs partners, commencem^eni of 
 
 (Title of action.) 
 
 These plaintiffs, C. D. and Gr. W., doing business as mer- 
 chants or traders at the city of Albany, under the firm name 
 of C. D. & Co., heretofore, and on the sixth day of August, 
 1857, sold and delivered to, &c. 
 
 [ No. 419. ] 
 
 Complaint on a lease. 
 
 (Title of action.) 
 
 This plaintiff in his complaint shows that on or about the 
 first day of March, 1854, this defendant signed, executed and 
 delivered to this plaintiff, a paper writing of which the fol- 
 
270 PRACTICAL FORMS. 
 
 lowing is a copy (set forth lease ;) that said defendant entered 
 and occupied the said premises, from the first day of May, 
 1854, until the first day of May, 1855 ; but that he has not 
 paid the said rent therefor, nor any part thereof. Where- 
 fore he demands judgment against the said defendant, for the 
 sum of five hundred dollars, and interest thereon from the 
 first day of May, one thousand eight hundred and fifty-five, 
 besides costs of this action. 
 
 B. Q., Plfif's Att'y. 
 
 [ No. 420. ] 
 Complaint hy receiver appointed in supplementary proceedings. 
 
 Supreme Court — 
 
 Albany County. 
 S. M., Receiver of the ' 
 
 property of H. P. 
 
 H. P. and W. S. J 
 
 This plaintiif, as receiver, as aforesaid, for complaint, says, 
 that ISr. B. and L. S., of Albany, survivors of A. C, deceased, 
 commenced an action upon promises in the Supreme Court of 
 this state against H. H., by personal service of summons and 
 complaint upon said H, P., v/ithin the jurisdiction of this 
 court on the 16th of April, 1857, and such proceedings were 
 had thereon, that the plaintiff by the consideration of said 
 court, obtained judgment against the defendant in that action 
 on the eleventh day of May, 1857, for one hundred dollars 
 and thirty-eight cents, and fifteen dollars and eleven cents 
 costs, amounting to one hundred and fifteen dollars and forty- 
 nine cents, which judgment for the above sum of $115.49, 
 was entered by the clerk of Albany county, on the day last 
 aforesaid, and the roll filed and judgment docketed in said 
 clerk's office on that day ; that said defendant then resided 
 and still resides in Rensselaer county ; that a transcript of 
 said judgment was filed, and judgment docketed in the clerk's 
 office of Rensselaer county on the fourteenth day of May last ; 
 
PRACTICAL FORMS. 271 
 
 and on the sixteenth day of said May an execution therefor 
 was duly issued by plaintiff's attorney to, and delivered to 
 the sheriff of Eensselaer county, commanding him to make 
 said $115.49, with interest from May 11, 1857, and make re- 
 turn of his doings in the premises ; that said sheriff afterwards 
 on the 24th day of June, 1857, returned said execution to the 
 of&ce of the clerk of Albany county, with his return thereon 
 indorsed showing the execution wholly unsatisfied. 
 
 Afterwards, and on the 6th day of July, 1857, the plaintiff 
 in said action, caused an affidavit to be made, setting forth 
 the above facts, as to obtaining said judgment, the filing of 
 transcript, the issuing and return of said execution, and that 
 the said judgment remained wholly unsatisfied, and presented 
 the same to Hon. Ira Harris, one of the justices of the Su- 
 preme Court, on the same day, who thereupon, and on the 
 said sixth day of JvHy, 1857, made an order requiring said 
 judgment debtor to appear before H. S., Esqr., referee thereby 
 appointed, at the office of the said H. S., in the village of 
 Greenbush, Eensselaer county, on the said sixth day of July, 
 1857, at four o'clock in the afternoon, to make discovery on 
 oath, concerning his property ; and said H. P., by said order 
 was further forbidden to transfer, dispose of, or in any man- 
 ner dispose of, or interfere with any property, moneys or 
 things in action belonging to him until further order ' in the 
 premises, which said order was personally served on said 
 defendant, on the same day, and said defendant appeared 
 before said referee at the time and place in said order spe- 
 cified and severally submitted to an examination under oath, 
 making discovery as to this property ; which examination was 
 on the same day, by said referee, certified to said judge, (and 
 said judge thereon afterwards, and upon application of the 
 plaintiff, in said judgment, made a further order on the 18th 
 day of said July, requiring said H. P, to appear before said 
 referee, at the place aforesaid, on the 24th day of July, at 
 four o'clock P. M., to answer further inquiries touching his 
 property ; said order forbid him, as in the former order, from 
 disposing of, or in any manner interfering with any property, 
 money or things in action belonging to him ; said order was 
 served on said H. P., on the 23d of said July, and he ap- 
 
272 PBACTIOAL FORMS. 
 
 peared and submitted to a further examination aa required 
 by said order ; and said referee on said 24:th day of July, cer- 
 tified said examination, and reported the same to said judge,) 
 who thereupon, by an order, appointed S. M., of the city of 
 Albany, this plaintiff, receiver of all the debts, property, effects, 
 equitable interests and things in action of said H. P., and 
 further ordered that this plaintiff, before entering upon the 
 execution of his trust, execute to the clerk of this court, a 
 bond with sufficient sureties to be by said judge approved, in 
 the penal sum of $300, conditioned for the faithful perform- 
 ance and discharge of the duties of such trust, and that this 
 plaintiff upon filing such bond in the office of the clerk of 
 the county of Albany, be invested with all rights and powers 
 as receiver according to law. Said H. P. was therein and 
 thereby enjoined and restrained from making any disposition 
 of or interfering with his property, equitable interests, things 
 in action, or any of them, except in obedience to said order, un- 
 til further order in the premises. Plaintiff further says, that 
 on the 25th of July, 1857, he executed a bond with sureties, 
 as required by said order and the rules and practice of this 
 court, which was approved by said justice, and filed in the 
 office of the clerk of the county of Albany. 
 
 This plaintiff further says, that at the time of obtaining said 
 judgment, said H. P. owned and possessed, and still owns 
 and has in his possession a gold hunting watch, guard chain, 
 seals and key, which this plaintiff since the filing of said bond 
 has demanded of said H. P. ; that said H. P., with full notice 
 of this plaintiff's appointment and qualification as receiver, 
 declines and refuses to deliver the same to him, pretending 
 and asserting that he has assigned them to the defendant W. 
 S., among other articles, as security for certain alleged indebt- 
 edness to him, with remainder or reversion to said H. P., after 
 discharging said alleged indebtedness ; that said H. P. is and 
 continually has been in the possession of said watch, chains, 
 seals and key, that the possession thereof has not been changed, 
 and that said pretended sale or assignment is intended by said 
 H. P. and W. S., to hinder and delay creditors, and intended 
 to hinder and delay the collection of said N. B. and L. S.'s. 
 said demand, and as to them is fraudulent and void. 
 
PRACTICAL FORMS. 273 
 
 Said watcli, chain, seals and key, are alleged by said H. P., 
 to be worth about one hundred and ten dollars. 
 
 Plaintiff further says, that said W. S. has been requested 
 by this plaintiff to relinquish his pretended claim on said watch, 
 chain, seals and key, or to deliver or to allow them to be deliv- 
 ered to this plaintiff, receiver as aforesaid, which he declines 
 and refuses to do. This plaintiff therefore prays judgment 
 against the defendant for the value of the property so con- 
 verted and his damages by reason thereof, being the sum of 
 one hundred and ten dollars, with interest thereon from 
 the twenty-fifth day of July, one thousand eight hundred and 
 fifty-seven, or that said pretended assignment be held and de- 
 clared void, as to creditors of said H. P., and these defend- 
 ants deliver or cause to be delivered to this plaintiff, receiver 
 as aforesaid, said watch, chain, seals and key, and that he also 
 be adjudged to pay this plaintiff the damages occasioned by 
 said unlawful detention, with costs of this action ; and that said 
 defendants in the meantime be restrained by an order, from 
 selling, disposing of, or intermeddling with said watch, chain, 
 seals and key, till the further order of this court. 
 
 B. B., Plaintiff's Att'y, 
 
 Albany. 
 
 [ No. 421. ] 
 Complaint upon an account stated. 
 
 (Title of action.) 
 
 The complaint of this plaintiff shows, that the above-named 
 defendant is indebted to him in the sum of one thousand dol- 
 lars, together with interest thereon from January ten, one 
 thousand eight hundred and fifty-seven, on an account for 
 goods, wares and merchandise, to wit : dry goods, an ac- 
 count of which has heretofore been given the said defendant, 
 (and he has admitted the correctness of the same.) 
 
 Wherefore the plaintiff demands judgment against the said 
 defendant, for the sum of one thousand dollars, and interest 
 
 18 
 
274 PRACTICAL FOEMS. 
 
 tbereon from the tenth day of January, one thousand eight 
 hundred and fifty-seven, together with costs of this action. 
 
 B. L., Plaintiff's Att'y, 
 Albany. 
 
 [ No. 422. ] 
 
 Complaint ujpon an attornei/s Kll. 
 
 (Title t»f action.) 
 
 This plaintiff in his complaint shows, that the above-named 
 defendant is indebted to him in the sum of two hundred dol- 
 la,TS for the work, labor and attendance of the plaintiff, by him 
 pteiformed and bestowed as the attorney, solicitor and coun- 
 selor of the defendant, at his request, and for money laid out 
 and paid by the plaintiff for the defendant and at his request, 
 the items of which account are as follows : Attorney's costs 
 and disbursements, in an action in favor of N. G. against the 
 defendant, in an action to set aside an assignment, fifty dol- 
 lars ; counsel fee in trying the same cause, one hundred dol- 
 lars ; counsel fee in trying a cause in favor of this defendant 
 against L. B., fifty dollars. Wherefore this plaintiff de- 
 mands judgment against the said defendant, for the sum of 
 two hundred dollars and interest thereon from the ninth 
 day of January, one thousand eight hundred and fifty-eight, 
 besides costs of this action. 
 
 B. L., Plaintiff's Att'y. 
 
 [ No. 423. ] 
 
 Complaint in ejectment. 
 
 (Title of action.) 
 
 This plaintiff in his complaint, says, that one A. B^ on or 
 about the tenth day of June, 1845, duly made and executed 
 his last will and testament in writing, and thereby gave and 
 devised to this plaintiff the premises hereinafter described, to 
 
PRACTI0AL FORMS. 275 
 
 hold *to tliis plaintiff and his heira forever ; and that the said 
 A. B. departed this life on the twentieth day of July, 1851, 
 without having revoked or altered his said will ; and the same 
 has been duly proved as a will of real estate, as appears hy 
 the probate and record thereof, in the office of the surrogate 
 of the county of Grreene. And this plaintiff farther says that 
 this defendant is now wrongfully in possession of the said 
 premises, and wrongfully claims a right thereto, and although 
 often requested, has refused and still refuses to deliver up the 
 said premises to this plaintiff. The premises devised in said 
 will, and wrongfully retained by the said defendant, are de- 
 scribed as follows, to wit : (here insert description of premises.) 
 And this plaintiff further says, that by reason of such con- 
 tinued Avrong doing on the part of the said defendant, he has 
 sustained damage to the amount of four hundred dollars. 
 Wherefore he demands judgment against the said defendant, 
 for the said four hundred dollars, together with the costs of 
 this action, and also that the said defendant do forthwith de- 
 liver up to the plaintiff the possession of the said premises, 
 and every part thereof. 
 
 C. P., Plaintiff's Att'y, Hudson. 
 
 [ No. 424. ] 
 Complaint in ejectment for dower. 
 
 (Title of action.) 
 
 This plaintiff in her complaint, says, that on the fourth day 
 of November, 1810, this plaintiff was lawfully married to and 
 with one B. C, now deceased ; that the said B. C, during 
 such marriage, and in his lifetime, owned and was seized and 
 possessed in fee of land and premises hereinafter described ; 
 that the said B. C. died on or about the sixth day of July, 
 1848, leaving the said plaintiff, his widow, him surviving ; 
 and that said plaintiff did not at any time during the lifetime 
 of her said husband join with him in any conveyance of the 
 said lands and premises, or any part thereof; that in con- 
 sequence thereof the said plaintiff became, and was, and is 
 
276 PRACTICAL FORMS. 
 
 entitled to the possession, occupancy and rents, issues and 
 profits of the undivided third part, during her natural life, of 
 said lands and premises, bounded and described as follows : 
 (insert description of premises,) as her reasonable and lawful 
 dower as the widow of the said B. C, deceased, late the hus- 
 band of this plaintiff. And the said plaintiff further says, 
 that the said defendants are now wrongfully in the occupation 
 and possession of the said undivided one third part of said 
 lands and premises, and claim a right thereto, and continue 
 unjustly to withhold from the plaintiff the possession and 
 profits thereof Whereupon the plaintiff demands the judg- 
 ment of this court, that the said defendant do forthwith 
 deliver up the undivided one third part of the above described 
 lands and premises, with the appurtenances, to the plaintiff, 
 as her reasonable and lawful dower as widow of the said 
 B. C, deceased, as aforesaid, and pay to the plaintiff the costs 
 of this action. 
 
 M. E., Plaintiff's Att'y, Catskill. 
 
 [ No. 425. ] 
 Demurrer to a complaint for defect of party plaintiff. 
 
 (Title of action.) 
 
 The defendant demurs to the plaintiff's complaint in this 
 action, for a defect of the parties herein *. 
 
 Because, it appears upon the face of the complaint that the 
 said plaintiff is a married woman, and her husband is still 
 living, (and this action does not concern the separate property 
 of the plaintiff.) 
 
 M. E., Defendant's Att'y, Albany. 
 
PRACTICAL FORMS. 277 
 
 [ No. 426. ] 
 Another form. 
 
 (As in tHe last form to tlie * then) Because the said com- 
 plaint shows that this action is brought to recover a debt 
 claimed to be due this plaintiff and one A. B. jointly, and the 
 said A. B. is not joined as a party to this action. 
 
 M. R. Defendant's Att'y. 
 
 [ No. 427. ] 
 Demurrer to complaint for defect of party defendant. 
 
 (Title of action.) 
 
 This defendant demurs to the plaintiff's complaint in this 
 action, on account of defect of party defendant appearing upon 
 the face of the said complaint. 
 
 Because it appears from the said complaint that this action 
 is brought to recover a demand claimed to be due from this 
 defendant and one A. B. jointly, who has not been joined as 
 a party in this action. 
 
 P. B., Plaintiff's Att'y. 
 
 [ No. 428. ] 
 Demurrer to complaint for misjoinder of action. 
 
 (Title of action.) 
 
 This defendant demurs to the plaintiff's complaint herein, 
 for that several causes of action have been improperly united 
 in this action. 
 
 Because in folios one to four he claims a demand to be due 
 the said plaintiff from this defendant, arising upon a promis- 
 sory note and an account for goods sold ; and in folios five 
 to ten he claims to recover real property and damages for 
 
278 PEACTICAL FORMS. 
 
 withholding thereof; and in folio eleven he claims to recover 
 for inj uries to the person. 
 
 M. B., Defendant's Att'y. 
 
 [ No. 429. ] 
 
 Demurrer that complaint does not state sufficient facts to consti- 
 tute a cause of action. 
 
 (Title of action.) 
 
 This defendant demurs to the plaintiff's complaint herein, 
 because it does not state facts sufficient to constitute a cause 
 of action. 
 
 Said plaintiff alleges that this defendant received from the 
 plaintiff a large quantity of hides to be tanned and manufac- 
 tured into boots and shoes, and the said boots and shoes to 
 be returned to the said plaintiff, but nowhere alleges that 
 sufficient time has elapsed for the said tanning and manufac- 
 ture, or that this defendant is in default. 
 
 or: 
 
 It appears from said complaint that this action is brought 
 to recover the amount claimed to be due upon an inland bill 
 of exchange, drawn by this defendant upon one W. B. and 
 accepted by the said W. B., but nowhere alleges a transfer to 
 this plaintiff, or that said bill is due, or has been presented 
 for payment, or that this defendant had notice of non- 
 payment. 
 
 W. C, Defendant's Att'y. 
 
 [ No. 430. ] 
 Demurrer to answer for insufficiency. 
 
 (Title of action.) 
 
 This plaintiff demurs to the defendant's answer in this 
 action, for the insufficiency thereof 
 
 Because, the said defendant in his answer has not specifi- 
 
PRACTICAL FORMS. 2,79 
 
 cally and positively admitted or denied the several allegations 
 in the said complaint ; and in his answer, folios five and six, 
 he has denied several charges in the complaint conjunctively, 
 whereas such charges must be denied disjunctively ; and the 
 said answer is in several other respects imperfect, insufficient 
 and evasive. 
 
 M. B., Plaintiff's Att'y. 
 
 [ No. 431. ] 
 (hmmencements of answers. 
 
 Supreme Court. 
 
 M. B. I ( E. T., impleaded with others, 
 
 ads. >■ or ^ ads. 
 
 G.R.) { G. H. 
 
 By an infant. — This defendant, an infant under the age of 
 twenty-one years, by C D., his guardian, in answer to the 
 plaintiff's complaint herein, says, &c. 
 
 By a single defendant. — J. C, one of the above-named de- 
 fendants, answering for himself, says, &c. 
 
 By a defendant sued hy a wrong name. — This defendant, H. 
 E., in the summons and complaint in this action, called Gr. E., 
 answering the plaintiff's complaint herein, says, &c. 
 
 By husband.and wife jointly. — G. H., one of the above-named 
 defendants, and 0. H., his wife, for answer to the plaintiff's 
 complaint in this action, jointly say, &c. 
 
 By a lunatic or idiot.- — -The defendant, C. D., a lunatic, (or 
 idiot, or habitual drunkard,) by M. B., his committee and 
 guardian ad litem, in this his answer to the plaintiff's com- 
 plaint, says that, &c. 
 
 [ No. 432. ] 
 Answer — coverture of plaintiff. 
 
 (Commence as before.) That the said plaintiff before, and 
 
280 PRACTICAL FORMS. 
 
 at tlie time of the commencement of this action was, and still 
 is, married to one M. B., then and yet her husband, who is 
 still living in the city of Eochester. 
 
 [ No. 433. ] 
 
 Answer — coverture of defendant. 
 
 (Commence as before.) That at the time of the service of 
 the summons (and complaint) in this action on this defendant, 
 she was, and still is, the wife of one C. B., who is still living 
 in the city of Buffalo, and that the cause of action set forth in 
 the said plaintiff's complaint, does not concern the separate 
 property or liability of this defendant. 
 
 [ No. 434. ] 
 
 Answer — infancy of plaintiff. 
 
 (Commence as before.) That the said plaintiff is an infant 
 under the age of twenty-one years, to wit: of the age of eigh- 
 teen years, and has commenced this action in his own per- 
 son, and not by his next friend or guardian ad litem. 
 
 [ No. 435. ] 
 
 Answer — defect of party plaintiff. 
 
 (Commence as before.) That the said several promises and 
 undertakings in the said complaint mentioned and set forth, 
 if any such were made, were, and each of them was, made by 
 the said defendant jointly, (or the said plaintiff jointly,) with 
 one A. B., who is still living at the city of New York, and 
 still is a real party in interest in the matters in controversy in 
 this action. 
 
PEAGTIOAL FORMS. 281 
 
 [ No. 436. ] 
 
 Answer of statute of limitations. 
 
 * 
 
 (Commence as before.) That the said plaintiff ought not to 
 have or maintain his aforesaid action thereof against him, be- 
 cause he says that he, the said defendant, did not at any time 
 within six years next preceding the commencement of this 
 action, undertake or promise to pay the said plaintiff in the 
 manner and form set forth by the said plaintiff in his com- 
 plaint, or in any other manner or form whatever. 
 
 [ No. 437. ] 
 
 Answer of duress. 
 
 (Commence as before,) This defendant ought not to be 
 charged with the demand referred to in the complaint in this 
 action by virtue of the said writing obligatory, because he, 
 the said defendant, at the time of the making the said writing 
 aforesaid, was unlawfully imprisoned by the said plaintiff, 
 (and others in collusion with him,) and then and there de- 
 tained in prison, until by the force and duress of imprisonment 
 of him, the said defendant, he made the said writing, and de- 
 livered the same to the said plaintiff as his writing obligatory. 
 
 [ No. 438. ] 
 
 Answer of release. 
 
 (Commence as before.) That after the making of the said 
 several promises and undertakings in the said complaint men- 
 tioned, and before the commencement of this action, to wit : 
 on the third day of July, 1851, the said plaintiff made his 
 certain writing of release in the words and figures following : 
 (set forth copy of release.) 
 
282 PKAGTIOAt FORMS. 
 
 [ No. 439. ] 
 
 Answer of payment. 
 
 (Commence as before.) That the said plaintiff ought not 
 to have or maintain this action against him, because the said 
 defendant did, on the day mentioned in the said writing ob- 
 ligatory mentioned, pay to the said plaintiff the said sum of 
 five hundred dollars in the said condition mentioned, together 
 with all interest then due thereon, according to the form and 
 effect of the said condition. 
 
 [ No. 440. ] 
 
 Answer of accord and satisfaction. 
 
 (Commence as before.) That he, the said defendant, before 
 the commencement of this action, to wit : on the third day of 
 April, 1852, at Albany aforesaid, paid to the said plaintiff 
 the sum of one thousand dollars, in full satisfaction and dis- 
 charge of the sum in the said breach of covenant mentioned, 
 and of all the damages by the said plaintiff sustained by reason 
 of the non-payment thereof; which said sum of one thousand 
 dollars, the said plaintiff then and there accepted and received 
 of and from this defendant, in full satisfaction and discharge 
 of the said sum in the said breach of covenant mentioned, and 
 of the damages of the said plaintiff by him sustained by reason 
 of the said breach of covenant. 
 
 [ No. 441. ] 
 
 Answer of discharge under insolvent act. 
 
 (Commence as before.) That the said defendant bein^ an 
 inhabitant of the city of Troy, and being also an insolvent 
 
PRACTICAL FOEMSi 283 
 
 debtor, within the true intent and meaning of the act, entitled 
 " Of voluntary assignments made pursuant to the application, 
 of an insolvent and his creditors," did in conjunction with so 
 many of his creditors residing within the United States as had 
 debts in good faith owing to them by the said defendant, 
 amounting to at least two-thirds of all the debts owing by him 
 to creditors residing within the said United States, presented 
 a petition to J. 0., Esq., then recorder of the said city of Troy, 
 in accordance with the said act, and such proceedings were 
 thereupon had agreeably to the said act; that afterwards, 
 and on the tenth day of March, 1851, the said recorder did 
 discharge the said defendant by a writing under his hand and 
 seal, in the words and figures following, to wit : (here insert 
 discharge,) and this defendant further says, that the said sev- 
 eral promises and undertakings in the complaint set forth, 
 and every of them, were made after the twelfth day of April, 
 1813, and that at the time of making of the said several prom- 
 ises and undertakings, and every of them, the said plaintiff 
 and the said defendant were persons respectively resident 
 within this state ; and that the causes of action in the said 
 complaint set forth, arose and existed before the presenting 
 of the petition as aforesaid to the said recorder in manner 
 aforesaid, and before the giving of the discharge as aforesaid. 
 
 [ No. 442. ] 
 
 Answer of usury. 
 
 (Commence as before.) That before the making of the 
 promises and undertakings in the said complaint mentioned, 
 it was corruptly and against the form of the statute in that 
 case made and provided, agreed by and between the said 
 plaintiff and the said defendant, that the said plaintiff should 
 lend and advance to the said defendant, the sum of four hun- 
 dred dollars, and that the said plaintiff should forbear and 
 give day of payment thereof to the said defendant for twenty 
 days, and that the said defendant, for the loan of the said 
 
284 PRACTICAL FORMS. 
 
 four hundred dollars, and for giving day of payment as afore- 
 said, should give and pay the said plaintiff the sum of fifby 
 dollars, being more than lawful interest for the same, and that 
 in pursuance of the said usurious and corrupt agreements, 
 the said plaintiff did then and there lend and advance to 
 the said defendant the said sum of four hundred dollars, 
 which said sum of fifty dollars was paid by the said defend- 
 ant to the said plaintiff for the forbearance in giving day of 
 payment. 
 
 [ ISTo. 443. ] 
 
 Answer statute of frauds on a guaranty. 
 
 (Commence as before.) That the several supposed prom- 
 ises and undertakings in the said complaint mentioned were 
 special promises, and each of them was a special promise for 
 the debt of another person, to wit, J. C, and that no agree- 
 ment in respect of or relating to the supposed causes of action 
 in the said complaint mentioned, or either of them, nor any 
 memorandum or note thereof, wherein the considerations for 
 the said special promises, or either of them, was or were stated 
 or shown, was or is in writing, or was or is signed by the said 
 defendant, or by any other person by him thereunto lawfully 
 authorized, according to the form of the statute in such case 
 made and provided. 
 
 [ No. 444. ] 
 
 Answer of arbitrament and award. 
 
 (Commence as before.) That after the making of the said 
 several promises in the said complaint mentioned, the said 
 plaintiff and the said defendant submitted themselves by two 
 mutual bonds of arbitration, and engaged in all things well 
 and truly to keep, obey, abide and perform the award, arbi- 
 
PRACTICAL FORMS. 285 
 
 trament and final determination of A. B. and 0. D., arbitra- 
 tors indifferently elected and named as well on the part and 
 behalf of the plaintiff as of the defendant, to arbitrate, award 
 and determine of and concerning all and all manner of action 
 and actions, and cause and causes of actions, and of all con- 
 troversies and demands whatsoever, at any time theretofore 
 had, made, committed or depending by and between the said 
 parties or either of them, so as the said award should be 
 made by the said arbitrators, under their hands, and ready to 
 be delivered to the parties in difference, or such of them as 
 should desire the same, on or before the twentieth day of May 
 then next. And this defendant farther says, that the said ar- 
 bitrators, before the expiration of the time limited for making 
 their award, took upon themselves the burden of the said ar- 
 bitration, and having duly made and considered the subject 
 matters in dispute between the said plaintiff and the said de- 
 fendant, they, the said arbitrators, did make their award in 
 writing under their hands, of and concerning the premises, 
 and of and concerning the said promises and undertakings in 
 the said complaint mentioned, and ready to be delivered to 
 the said parties in difference. 
 
 [ No. 445. ] 
 
 Answer of judgment recovered. 
 
 (Commence as before.) That the said plaintiff heretofore, 
 and on or about the sixteenth day of March, 1851, in this 
 court recovered a judgment against this defendant for the 
 sum of five hundred dollars, for the same causes of action as 
 in this complaint mentioned and contained, as will appear 
 by the judgment roU of the said action filed in the office of 
 the clerk of the city and county of Albany, on the sixteenth 
 day aforesaid, which said judgment still remains in full force 
 and effect. 
 
286 PRACTICAL FORMS. 
 
 [ No. 446. ] 
 
 Answer claif[i.ing set-off. 
 
 (Commence as befote.) That at the time of the commence- 
 ment of this action, the plaintiff was and still is indebted to 
 this defendant in the sum of two hundred dollars, for the 
 work, labor, care and diligence of this defendant and his ser- 
 vants and workmen for the said plaintiff, and at his request ; 
 which said sum of two hundred dollars the defendant hereby 
 claims should be set off and allowed to the defendant against 
 the said plaintiff, and demands judgment in his favor for the 
 balance thereof, to wit: the sum of fifty -five dollars, together 
 with the costs of this action. 
 
 [ No. 447. ] 
 
 Answer alleging non-compliance with conditions of the policy. 
 
 (Commence as before.) That the plaintiff did not before 
 the commencement of this action give due notice or any 
 notice of the loss of the said- goods by fire, for which he seeks 
 recovery in this action ; nor did the said plaintiff, previous to 
 the commencement of this action, furnish to the said company 
 any statement of the loss of the said goods, as by the said 
 policy is required to be done, and in several other particulars 
 the said plaintiff utterly neglected and refused to comply 
 with the terms and conditions in the said policy set forth and 
 expressed, and the said plaintiff at divers times received into 
 his said store a large quantity of goods known and described 
 as extra hazardous, well knowing that such reception was a 
 violation of the conditions in the said policy contained ; and 
 at the time of the said fire, the said plaintiff had in his store 
 a large quantity of such extra hazardous goods, by means 
 whereof the conditions of the said policy were violated, disre- 
 garded and broken, and these defendants entirely discharged 
 from their liability on the said policy written. 
 
PRAGTICAl FORMS. 287 
 
 [ No. 448. ] 
 
 Answer that plaintiff committed first assault. 
 
 (Commence as before.) That said plaintiff ought not to 
 have or maintain his action against him, because the said 
 plaintiff just before the time ia the said plaintiff's complaint 
 mentioned, with force and arms made an assault upon * him, 
 the said defendant, and would then and there have beaten, 
 bruised and ill-treated the said defendant, if he had not im- 
 mediately defended himself against the said plaintiff; where- 
 fore he, the said defendant, did defend himself against the 
 said plaintiff, as he lawfully might for the cause aforesaid ; 
 and in so doing did necessarily and unavoidably a little beat, 
 bruise, wound and ill-treat the said plaintiff, and rend, tear, 
 damage and spoil the said wearing apparel in the said com- 
 plaint mentioned, doing no unnecessary damage to the said 
 plaintiff on the occasion aforesaid ; and if any hurt or damage 
 then and there happened to the said plaintiff or to his said 
 wearing apparel, the same was occasioned by the said assault 
 so made by the said plaintiff on him, the said defendant, and 
 the necessary and lawful defence of him, the said defendant, 
 against the said plaintiff, which are the same supposed tres- 
 passes complaiaed of by the said plaintiff against this de- 
 fendant. 
 
 [ No. 449. ] 
 
 Answer — defendant was preserving the peace. 
 
 (Commence as in the last to the *, then) one M. B., and 
 was then and there at the same time beating and ill treating 
 the said M. B., in breach of the peace of the people of the 
 state of A ew York ; wherefore the said defendant, at the said 
 time, to preserve the peace of the said people of the state of 
 New York, and to part the said plaintiff from, and to pre- 
 vent him from further beating and ill treating the said M. B., 
 gently laid his hands upon the said plaintiff, as he lawfully 
 
288 PRACTICAL FORMS. 
 
 might, for the cause aforesaid, which are the same assaulting; 
 beating and ill treating the said plaintiff, as set forth in his 
 complaint in this action. 
 
 [ Ko. 450. ] 
 Answer justifying as to charge of perjury. 
 
 (Commence as before.) That before the speaking and pub- 
 lishing the said words of and concerning the said plaintiff, 
 as in the said complaint charged, to wit : at a term of the 
 Circuit Court, held at the city of Troy, in the month of May, 
 1851, then and there holden before one of the judges of this 
 court, according to the form of the statute in such case made 
 and provided, a certain issue before then joined in an action 
 brought and prosecuted in this court, by and at the suit of 
 one A. B., as plaintiff, against C. D., as defendant, for the 
 supposed breach of certain promises and undertakings, came 
 on to be tried in due form of law, and was then and there 
 tried by a jury of the country in that behalf, duly taken and 
 sworn between the parties aforesaid ; and upon such trial of 
 the said issue, this plaintiff appeared as a witness for and on 
 behalf of the said A. B., the plaintiff in the said action, and 
 this plaintiff was then and there in open court, holden as 
 aforesaid, before the said judge thereof, duly sworn, and 
 took his corporeal oath upon the Holy Gospel of God, to 
 speak the truth, the whole truth and nothing but the truth, 
 touching and concerning the matters in question in the said 
 issue ; the said court then and there having sufiicient power 
 and authority to administer the said oath to this plaintiff in 
 that behalf; and upon the said trial of the said issue, it then 
 and there became, and was material to ascertain the iruth 
 of the matters hereafter stated to have been sworn by this 
 plaintiff. 
 
 And this defendant further says, that this plaintiff being 
 so sworn as aforesaid, upon his oath aforesaid, falsely, wick- 
 edly, maliciously and corruptly, and by his own act and con- 
 sent, did depose, swear and give evidence amongst other 
 
PRACTICAL FOEMS. 289 
 
 things, at and upon tlie said trial, that (here set forth that 
 part of the plaintiff's evidence in which he committed per- 
 jury.) Whereas in truth and in fact, (here negative the 
 plaintiff's evidence as in an indictment for peijury.) And 
 this plaintiff did thereby in the said court so holden as afore- 
 said, upon his said oath upon the trial of the said issue, falsely, 
 •wickedly, willfully and corruptly commit willful and corrupt 
 perjury. Wherefore this defendant, at the several times spoke 
 and published of and concerning the said plaintiff, the said 
 several words in the said complaint mentioned to have been 
 spoken and published by the said defendant, of and concerning 
 this plaintiff, as it was lawful for him to do for the cause 
 aforesaid. 
 
 [ No. 451. ] 
 Answer — specific denial. 
 
 (Title of action.) 
 
 This defendant in answer to the plaintiff's complaint here- 
 in, denies that on the twenty-first day of March, 1851, or at 
 any other time, he was, or is indebted to the said plaintiff in 
 the sum of one thousand dollars, or any other sum (as 
 balance) for work, labor and services, care and diligence done 
 and performed, and supplied by the plaintiff and his servants 
 for the defendant, and for brick, mortar, lath and plaster, cut 
 free stone, blue stone, iron work, and other necessary ma- 
 terials and things bestowed, furnished and supplied by the 
 plaintiff for the defendant, in and about the mason work 
 and excavation in the erection and building of three four- 
 story brick dwellings, in the city of Albany, or anywhere 
 else, or that he is indebted to him for any of said work. 
 
 And this defendant further answering, denies that he is in- 
 debted to the plaintiff for excavating and removing earth from 
 cellars, (and thus continue denying the several allegations in 
 the same words as charged in the complaint.) 
 
 19 
 
290 PRACTICAL FORMS. 
 
 [ No. 452. ] 
 
 Answer — another action pending for the same cause of action. 
 
 (Commence as before.) That there is another action pend- 
 ing in this court in which this defendant commenced an ac- 
 tion to recover moneys- secured on certain promissory notes 
 against the plaintiff in this action, and that previous to the 
 commencement of this action by his answer in said former 
 action, he, the said plaintiff, has set up and claims as a good 
 and valid defence the same matters for which this action is 
 brought. And the said former action now remains depending 
 in this court, being yet undetermined and undismissed. 
 
 [ No. 453. ] 
 
 General answer of infant in foreclosure. 
 
 (Title of action.) 
 
 This defendant, answering by his said guardian, says, that 
 he is a stranger to all and singular the matters and things in 
 the complaint in this action set forth, and that this defendant 
 is an infant under the age of twenty-one years, and claims 
 such interest in the premises as he is entitled to, and he sub- 
 mits his rights and interests in the matters in question in this 
 action to the protection of this honorable court. 
 
 [ No. 454. ] 
 
 Answer — general denial. 
 
 (Commence as before, then) And as to every allegation in 
 said complaint, not hereinbefore specifically admitted or de- 
 nied, these defendants have, not any knowledge or informa- 
 tion sufficient to form a belief, and ask the same benefit of 
 this their answer, as if they had demurred to said complaint 
 for the insufficiency thereof. 
 
PRACTICAL POEMS. 291 
 
 [ No. 455. ] 
 
 Answer — general denial — {another form.) 
 
 (Commence as before. ) The above-named defendant answers 
 to the complaint of plaintiff in the above entitled action, and de- 
 nies each and every allegation alleged in plaintiff's complaint. 
 
 [ No. 456. ] 
 
 Conclusion of answer. 
 
 Whereupon this, defendant demands that the injunctional 
 order of this court be set aside, and that this defendant be re- 
 stored to his rights in the premises, and have compensation 
 of the plaintiff for the damages and costs he has mostwrong- 
 fully sustained bj this action. 
 
 M. E., Defendant's Att'y, Albany. 
 
 [ No. 457. ] 
 
 Another form. 
 
 And therefore, these defendants aver and insist that the 
 said supposed agreement mentioned in the complaint, was 
 and is illegal and void, and of no binding force and validity 
 whatever. 
 
 A. B., Defendant's Att'y, New York. 
 
 [ No. 458. ] 
 Another form. 
 Wherefore this defendant demands judgment in his favor 
 
292 PBACTICAL FOEMS. 
 
 for the sum of five hundred dollars, and interest thereon from 
 the third day of December, 1851, together with the costs 
 which he has sustained in this action. 
 
 C. E., Defendant's Att'y, Buffalo. 
 
 [ No. 459. ] 
 Report of clerk on assessment of damages. 
 
 (Title of action.) 
 
 Having examined and ascertained, I do hereby report that 
 the plaintiff in this action do recover against the defendant 
 the sum of two hundred dollars damages, besides costs. 
 
 April 6, 1852. 
 
 E. L., Clerk. 
 
 [ No. 460. ] 
 Report of justice on default of defendant at the circuit. 
 
 (Title of action.) 
 
 This action having been called in its order on the calendar, 
 and the defendant, though called, came not, but made default, 
 and a trial by jury having been waived on the part of the 
 plaintiff by the consent of the court : after hearing the evi- 
 dence on the part of the plaintiff, I hereby report that I find 
 there is due from the defendant to the plaintiff herein, the sum 
 of five hundred dollars, besides costs. 
 
 Albany, March 12, 1852. 
 
 lEA HAEEIS. 
 
 [ No. 461. ] 
 
 Report of justice {on trial at circuit^ in favor of the plaintiff. 
 
 (Title of action.) 
 This action having been called in its order on the calendar, 
 
PRACTICAL FORMS. 293 
 
 and a trial by jury having been waived by tlie parties hereto 
 in open court : after bearing the evidence presented and after 
 due deliberation thereon, I hereby report that I find that there 
 is * due from the defendant to the plaintiff herein, the sum of 
 one thousand dollars, besides costs. 
 Albany, March 12, 1852. 
 
 IRA HARRIS. 
 
 [ No. 462. ] 
 
 Report of justice {on trial at circuit,) in favor of defendant. 
 
 (As in the last form to the * then) nothing due from the 
 defendant to the plaintiff in this action. 
 Albany, March 13, 1852. 
 
 A. J. PARKER. 
 
 [ No. 463. ] 
 Report of referee in favor of plaintiff. 
 
 (Title of action.) 
 
 I, A. B., appointed sole referee ia this action, having heard 
 the proofs and allegations of the parties, and the argument of 
 their counsel, do certify and report that I find for facts in this 
 action the following, viz : 
 
 That defendants, J. C. and T. B., * are properly chargeable 
 as indorsers, and G. B. as maker of a promissory note for 
 four hundred and twenty-two dollars, dated October 15, A. D. 
 1851, and payable thirty days after date, and that the whole 
 amount, principal and interest now due on said note, amounts 
 to four hundred and thirty-three dollars and eighty-one cents ; 
 and as a conclusion of law, that the defendants in the above 
 entitled action owe the plaintiffs that sum, besides costs. 
 
 Albany, April 9, 1852. 
 
 A. B., Sole Referee. 
 
2&i PRACTICAL FOBMS. 
 
 [ No. 464. ] 
 Report of referee in favor of defendant. 
 
 (As in the last form to the *, then) -were properly chargeable 
 for the work, labor and services of the plaintiff and his ser- 
 vants for the said defendant, and at their request, to the amount 
 of four hundred dollars, and that the said plaintiff agreed to 
 take, and did take, of the said defendants the promissoi^Jr note 
 of one C. D., indorsed by G. H., in full payment and discharge 
 thereof, and as a conclusion of law, that the said defendants 
 are not indebted to the plaintiff for any of the matters and 
 things demanded in this action. 
 
 Buffalo, April 12, 1852. » 
 
 A. B., Sole Referee. 
 
 [ No. 465. ] 
 
 Report of amount due in foreclosure — all due. 
 
 (Title of action.) 
 
 To the Supreme Court of the State of New York : 
 In pursuance and in virtue of an order of this court, made 
 in the above action, and bearing date the 30th day of March, 
 1852, by which it was referred to me, as sole referee, to com- 
 pute, ascertain and report the amount due to the plaintiff for 
 principal and interest on the bond and mortgage mentioned 
 and set forth in the complaint in this action, and take proof 
 of the facts therein stated, and examine and report as to any 
 payments which may have been made, * and report thereon 
 to this court with all convenient speed, I, the subscriber, do 
 respectfully certify and report, that I have computed and as- 
 certained the amount due to the plaintiff in this action as 
 aforesaid, and that the amount so due on the said bond and 
 mortgage, for principal and interest up to and including the 
 date of this report, is the sum of five hundred and eighty-nine 
 dollars. 
 
 And I do further certify and report, that the schedule here- 
 
PRACTICAL FORMS. 295 
 
 unto annexed, marked A, and making part of this my report, 
 contains a statement and account of the principal and interest 
 moneys due to the plaintiff as aforesaid, the period of the com- 
 putation of the interest and its rate, and to which for greater 
 certainty, I refer. 
 
 All which is respectfully submitted. 
 
 Dated April 10, 1852. 
 
 A. B., Sole Eeferee. 
 
 [ ISTo. 466. ] 
 
 Schedule marked A, referred to in the preceding report. 
 
 One bond, dated September 10th, 1849, in the penal sum 
 of -$1,000, conditioned to pay $500, as follows, viz : on the 
 1st day of January, 1851, with interest ; which bond is ac- 
 companied with a mortgage of the same date. 
 
 Principal sum due, $500 
 
 Interest thereon, from September 10, 1849, to April 
 10th, 1852, being two years and seven months at 
 seven per cent, per annum, is, .... 89 
 
 Amount due plaintiff this April 10, 1852, is, . . $589 
 
 A. B., Sole Eeferee. 
 
 [ No. 467. ] 
 
 Report of amount due in foreclosure — not all due — cannot he sold 
 
 in parcels. 
 
 (As in the last form to the *, then) and also to ascertain 
 and report the situation of the mortgaged premises, and 
 whether in his opinion, the same can be sold in parcels, with- 
 out injury to the interests of the parties ; and if he shall be of 
 opinion that a sale of the said premises in one parcel wiU be 
 most beneficial to the parties, then that he report his reasons 
 for such opinion, and that he report thereon to this court with 
 
296 PBACTICAl FORMS. 
 
 all convenient speed : I, the subscriber, duly appointed said 
 referee, do respectfully certify and report, that I have com- 
 puted the amount due to the plaintiff in this action as afore- 
 said, and that the amount so due on the said bond and mort- 
 gage, for the principal and interest, up to and including the 
 date of this report, is the sum of one thousand two hundred 
 and eighty-one dollars and ninety-two cents. 
 
 And I do further certify and report, that the schedule 
 hereto annexed, marked A, and. making a part of this my re- 
 port, contains a statement and account of the principal and in- 
 terest moneys due to the plaintiff as aforesaid, the period of 
 the computation of the interest, and its rate, and to which, for 
 greater certainty, I refer. 
 
 And I do further certify and report, that I have computed 
 and ascertained the amount secured to be paid by said bond 
 and mortgage, and which remains unpaid, including interest 
 thereon to the date of this my report, and the same is the sum 
 of two thousand five hundred sixty-three dollars and eighty- 
 four cents. 
 
 Schedule marked B, to this my report annexed, and form- 
 ing a part thereof, contains a statement of the said principal 
 and interest moneys respectively, the period of the computa- 
 tion of the interest and its rate, and to which, for greater cer- 
 tainty, I refer.* 
 
 And I do further certify and report, that I have ascertained 
 the situation of said mortgaged premises, and am of opinion 
 the same cannot be sold in parcels without injury to the in- 
 terests of the parties, for the reason that the mortgaged prem- 
 ises consist of a house and lot in the city of Albany, which 
 cannot well be divided. 
 
 All of which is respectfully submitted. 
 
 Dated April 10, 1852. 
 
 A. B,, Sole Eeferee. 
 
 [ No. 468. ] 
 Schedule marlced A, refefrred to in the preceding report. 
 One bond dated April 1, 1848, in the penal sum of $4,000, 
 
PRACTICAL FOEMS. 297 
 
 conditioned to pay $2,000 as follows, viz : $1,000 in one year 
 from date with interest, and $1,000 in five years from date 
 with interest, which bond is accompanied by a mortgage of 
 the same date. 
 
 Principal sum due, $1,000 00 
 
 Interest thereon from April 1, 1848, to April 
 10, 1852, being four years and ten days, at 
 seven per cent, per annum, is . . . 281 92 
 
 Amount due plaintiff this April 10, 1852, . $1,281 92 
 
 A. B., Sole Eeferee. 
 
 [ No. 469. ] 
 Schedule marked B, referred to in the preceding report. 
 
 Same bond and mortgage mentioned in Schedule A. 
 Principal sum secured and unpaid, . . $2,000 00 
 Interest thereon from the first day of April, 
 
 1848, to the tenth day of April, 1852, being 
 
 four years and ten days, at seven per cent. 
 
 per annum, is 568 84 
 
 Whole amount secured and unpaid, including 
 interest thereon to this day, is . . . $2,563 84 
 Dated April 10, 1852. 
 
 A. B., Sole Eeferee. 
 
 [ No. 470. ] 
 
 Report of amount due in foreclosure — -part not due — absent or in- 
 fant defendant — may he sold in parcels. 
 
 (As in the last form to the *, then) And I do further cer- 
 tify and report, that I have taken proof of the facts and cir- 
 cumstances stated in said plaintiff's complaint,- and have 
 examined the said plaintiff on oath as to any payments which 
 may have been made to him or to any person for his use, on 
 
298 PEACTICAL FORMS. 
 
 account of the demand mentioned in said complaint, and wliicli 
 ought to be credited thereon, and such proofs except those 
 which are documentary, and such examinations, are to this my 
 report annexed, and I am of opinion that the facts and cir- 
 cumstances stated in said complaint are true. 
 
 And I do further certify and report, that i have ascertained 
 the situation of said mortgaged premises, and am of opinion 
 the same can be sold in parcels without injury to the interests 
 of the parties, for the reason that the mortgaged premises con- 
 sist of five lots in the seventh ward of the city of Albany, and 
 • the same can well and advantageously be sold separately. All 
 of which is respectfully submitted. 
 
 Dated Albany, April 10, 1852. 
 
 A. B., Sole Eeferee. 
 
 [ No. 471. i 
 Report in action to dissolve marriage because of adultery. 
 
 (Title of action.) 
 
 To the Supreme Court of the State of New York : 
 
 In pursuance of an order of this court made in the above 
 action, and dated the twenty-fifth day of Febrjiary, 1852, by 
 which it was referred to me as sole referee to take proof of all 
 the facts charged in the plaintiff's complaint in this action, and 
 to report such proof to this court with my opinion thereon : I, 
 the subscriber, referee as aforesaid, to whom the execution of 
 said order was confided, do hereby certify and report : 
 
 That I have taken proofs in this action on the part of the 
 plaintiff (and defendant,) and that such prcofs are hereto sub- 
 joined and make a part of this my report. 
 
 And I do further certify and report, as required by the said 
 order, that in my opinion all the material facts charged in the 
 plaintiff's complaint in this action are true, and have been suf- 
 ficiently proved before me, and that the said defendant has 
 committed the several acts of adultery charged in the said com- 
 plaint. All of which is respectfully submitted. 
 
 Albany, March 31, 1852. A. B., Sole Referee. 
 
PRACTICAL FORMS. 299 
 
 [ No. 472. ] 
 
 Depositions annexed to report. 
 (Title of action.) 
 
 Depositions taken this 25t]i day of March, 1852, in the above 
 action, on the part and behalf of the plaintiff (and defendant) 
 before A. B., sole referee herein. 
 
 Mr. C. D. appears as counsel for the plaintiff; no one ap- 
 pearing for the defendant ; (or Mr. E. F., appearing as counsel 
 for the defendant.) 
 
 A. H., a witness produced for the plaintiff, was duly sworn, 
 and on being orally examined by the counsel for the plaintiff, 
 deposeth as follows : I am twenty-four years of age and up- 
 wards, and reside in the city of Buffalo. I am acquainted 
 with both the parties in this action. (Set out the evidence at 
 length.) 
 
 (And the said A. H., being cross-examined by the counsel 
 for the defendant, testified as follows :) (Set out cross-examina- 
 tion in full.) A. H. 
 Subscribed and sworn, to this 25th I 
 
 day of March, 1852, before me, I 
 A. B., Eeferee. 
 
 [ No. 473. ] 
 
 * Report — that a partition can he made. 
 
 (Title of action.) 
 To the Supreme 'Court of the State of New York : 
 In pursuance of an order of this court made in the above 
 action, on the sixteenth day of January, 1852, by which it 
 was referred to me, to take proof of the plaintiff's title and 
 interest in and to the premises in the plaintiff's complaint 
 mentioned, and of the several matters set forth in the said 
 complaint, and to ascertain and report what share or part of 
 the said premises belongs to each of the parties to this action, 
 so far as the same could be ascertained, and the nature and 
 
300 PRACTICAL FORMS. 
 
 extent of their respective rights therein, and an abstract of 
 the conveyances by which the same are held ; and also to in- 
 quire and report whether the said premises, or any lot or 
 separate parcel thereof, are so circumstanced that an actual 
 partition thereof cannot be made, * I, the subscriber, referee, 
 as aforesaid, do report : 
 
 That having been attended by the attorneys for the several 
 parties who appeared in this action, I proceeded to a hearing 
 of the matters so referred. 
 
 I further report, that on such hearing I took proof of the 
 facts stated in the complaint, and find that the material facts 
 set forth are true. 
 
 And I further certify and report, that the following is an 
 abstract of the conveyances, by which the |3remises described 
 in the complaint are held, that is to say : 
 J. B., and A., his wife 
 to 
 L. M. 
 
 "Warranty deed, dated July 12, 1815. Consideration, 
 $1,000. Duly acknowledged and recorded, July 16, 1815, 
 in the clerk's office of Albany county, in book "W. W. of 
 Deeds, page 605, &c., contains the same premises set forth in 
 the complaint in this action. 
 
 L. M., the father of the plaintiff, died on or about the 12th 
 day of March, 1845, and by his will gave a life estate in all 
 his real estate, to his wife, M., the mother of the said A. M., 
 and at her death to be equally divided among all the children 
 of the said testator, share and share alike. Said last will and 
 testament was proved and recorded as a will of real esfate, 
 on the sixteenth day of April, 1845, in the office of the sur- 
 rogate of the county of Albany. 
 
 The said M., wife of the said testator, died on or about the 
 first day of December, 1851, leaving her surviving as the 
 children and heirs at law of the said testator, the following, 
 to wit : A. and B., sons of L. M. deceased, and N., wife of 
 0. M., daughter of the said L. and M., and C. and D., sons of 
 B., deceased, and grandchildren of the said L. M. and S., 
 widow of the said B., deceased. 
 
PRACTICAL FOEMS. 801 
 
 The legal estate and interest of the parties in the premises 
 are as follows : 
 
 The plaintiff A. and the defendant B., are each entitled to 
 one undivided fourth part thereof 
 
 The defendants 0. M. and C. his wife, are entitled to one 
 undivided fourth part thereof in right of the said C. 
 
 The defendant S., as widow of the said E., deceased, is en- 
 titled to a dower right in one undivided fourth thereof, and 
 the said C. and D. are each entitled to one undivided eighth 
 part, subject however, to the dower of S., their said mother. 
 
 The estate is in the parties in fee, subject to the marital and 
 dower interests as appear above. 
 
 I further report, that the premises described in the com- 
 plaint are so circumstanced, that in my opinion a partition 
 thereof can be made without material injury to the rights or 
 interest of the several owners thereof; and that a partition of 
 such premises would be more advantageous to such owners 
 than a sale thereof. 
 
 All which is respectfully submitted. 
 
 March 10, 1852. 
 
 A. B., Sole Referee. 
 
 [ No. 474. ] 
 
 Beport — that sale is necessary in partition. 
 
 (As in the last form to the *, then) and if the said referee 
 should arrive at the conclusion that a sale of the whole of the 
 said premises, or any lot or separate parcel thereof, will be 
 necessary, that he specify the same in his report, together 
 with the reasons rendering a sale necessary ; and in such a 
 case, that he also ascertain and report whether any person 
 not a party to this action has a specific lien on the undivided 
 share or interest of any of the parties in that portion of the 
 premises which it is necessary to sell ; and that he further in- 
 quire and report whether the undivided share or interest of 
 any of the parties in the premises is subject to any general 
 lien or incumbrance by judgment or decree ; and that he as- 
 
802 PRACTICAL FORMS. 
 
 certain and report tlie amount due to any person -wMch is 
 either a specific or general lien or incumbrance upon all or 
 any of tlie shares or interests of the parties in the premises 
 to be sold, and which would remain as an incumbrance there- 
 on in the hands of the purchaser ': I, the subscriber, referee, 
 as aforesaid, do respectfully report : 
 
 That having been attended by the attorneys for the several 
 parties who appeared in the action, I proceeded to a hearing 
 of the matters so referred, after having caused a notice to be 
 published as required by law, for all general lien creditors, 
 by judgment, decree or otherwise, on the undivided share or 
 interest of any of the parties in the premises, to produce to 
 me proof of their respective liens and incumbrances, together 
 with satisfactory evidence of the amount due thereon, and to 
 specify the nature of such incumbrances, and the dates thereof 
 respectively. 
 
 I further report, that on such hearing, I toot proof as to 
 the facts stated in the complaint, and find the material facts 
 therein set forth are true. 
 
 And I further certify and report, that the following is an 
 abstract of the conveyances by which the premises described 
 in the complaint are held, that is to say : 
 
 The last will and testament of W. S., the common source 
 of title, who died seized and possessed of the premises in the 
 complaint described. 
 
 By such will he devised unto his wife, B. S., since deceased, 
 all the rents, issues and profits and income' of his real estate 
 during her natural life, and after her death he gave, devised 
 and bequeathed the same to his four children, B., F., G., wife 
 of E. M., and H., each one fourth part thereof, to have and to 
 hold the same, unto his said children each one fourth part 
 thereof,' and to their respective heirs forever. "Will dated 
 January 10, 1841, proved and recorded in the Albany county 
 surrogate's ofiice, on the sixth day of July, 1846; that in 
 April, the said W. S. died, leaving his four children and his 
 wife him surviving; that in March, 1851, the said B. S., 
 widow of the said testator, departed this life ; that F. S., one 
 of the children of the said "W. S., has also departed this life. 
 
PRACTICAL FORMS. 303 
 
 leaving him surviving his widow, M. S., and two children, to 
 wit: P. S. andR. S. 
 
 And I do further certify and report, that the legal estate 
 and interest of the parties in the premises are as follows : 
 The plaintiff E. S. is entitled to one undivided fourth part. 
 The defendant E. M., and G. M., his wife, in right of the 
 said G., are entitled to one undivided fourth part. 
 
 The defendant H. is entitled to one undivided fourth part. 
 The defendant M. S., widow of the said F. S., deceased, 
 is entitled to dower in the one fourth part of which he died 
 seized. 
 
 The defendants P, S. and 'k. S., children of the said F. S., 
 deceased, are each entitled to one eighth part, subject to the 
 dower of the said M. S., their mother. 
 
 The estate is in the parties in fee, subject to the marital 
 interests therein, and the dower interests which appear above. 
 And I do further certify and report, that the premises de- 
 scribed in the complaint in this action are so circumstanced 
 that, in my opinion, a partition thereof cannot be made with- 
 out great injury and prejudice to the owners thereof. The 
 premises consist of three city lots, and to lessen their present 
 size would render them valueless. These facts, in connection 
 with the number of the owners and persons interested, render 
 a partition difficult and impracticable. 
 
 I do further certify and report, that I have caused the ne- 
 cessary searches to be made, and I find two creditors, not a 
 party to this action, and no more, have any specific lien by 
 mortgage, devise or otherwise, upon the undivided share or 
 interest of any of the parties in the premises, and that those 
 two creditors are G. B., of the city of Albany, and S. G. of 
 the same place, as follows : 
 E. S. and wife ) 
 to V 
 
 G. B. ) 
 
 Bond and mortgage, dated April 5, 1849, given to secure 
 the payment of the sum of five hundred dollars, in two years 
 from the date thereof 
 
 Mortgage recorded in the office of the clerk of the county 
 of Albany, on the fifteenth day of April, 1849. That the 
 
304 PRACTICAL FORMS. 
 
 whole of said mortgage, with interest from April 5, 1851, is 
 unpaid. 
 
 Supreme Court. 
 
 S. G.) 
 agt. \ 
 
 E.G.) 
 
 Judgment for $120, obtained and docketed in Albany 
 county, September 4, 1851, all which is unpaid. 
 
 That there is no other general lien or incumbrance by 
 judgment or decree upon the undivided share or interest of 
 either of the parties in the premises. 
 
 And I further report that no creditor, not a party to this 
 action, having any general lien on any undivided share or 
 interest in the premises, by judgment or decree, appeared 
 before me on the said reference, to establish his claim in 
 pursuance of the notice published by me, except as aforesaid. 
 
 All of which is respectfully submitted. 
 
 AprH 5, 1852. 
 
 A. B., Eeferee. 
 
 [ No. 475. ] 
 Report of commissioners in partition. 
 
 (Title of action.) 
 
 To the Supreme Court of the State of New York : 
 
 In pursuance of and in obedience to a commission in the 
 above entitled action ^ issued out of and under the seal of 
 this court, and directed and delivered to the undersigned, 
 commissioners therein named, tested the twenty -fifth day of 
 January, 1852, which said commission is hereto annexed: 
 We, the said commissioners, do hereby respectfully report 
 and return : 
 
 That having been first duly sworn, and having severally 
 taken the oath hereto annexed, we have carefully examined 
 the premises described in said commission, and caused them 
 to be surveyed in our presence, and have made partition 
 thereof between the said parties, according to their respective 
 rights and interests therein, as the same have been ascer- 
 
PRACTICAL FORMS. 305 
 
 tained, declared and determined by tlie said court, as we 
 ■were by tbe said comnaission commanded, in manner follow- 
 ing: We divided the -wbole of the said premises into two allot- 
 ments, which are designated on the map hereto annexed by 
 the letters A and B, each of which allotments is in our opin- 
 ion, of equal value, and that, being in our judgment the most 
 beneficial division, all circumstances considered, that could be 
 made of such premises. And that we have set off in seve- 
 ralty to the said L. M. all that certain parcel of said premises 
 designated on said map by the letter A, and which is bounded 
 as follows : (insert description,) as will more fully appear by 
 reference to said map. 
 
 And we have also set off in severalty to the said K M. all 
 those certain pieces or parcels of said premises designated on 
 said map by the letter B, which are bounded as follows : (in- 
 sert description,) as will also more fully appear by reference 
 to said map. 
 
 And we farther certify and report, that the items of the 
 various expenses attending the execution of the said com- 
 mission, including our fees as commissioners, are contained 
 in a schedule hereto annexed marked C, and forming a part 
 of this our report. And. that for the better understanding 
 and more clear elucidation of the shape and situation of the 
 said premises, and of the manner in which such partition has 
 been made by us, we have caused to be made a map thereof, 
 showing what parts of the said premises have been allotted 
 to the respective parties, which map forms a part of this our 
 report, and is hereto annexed, marked D. 
 
 In witness whereof, we, the said commissioners, have set 
 our hands to this our report, this 20th day of March, 1 852. 
 
 CM.,) 
 
 H. B., V Commissioners, 
 
 L. S., ) 
 (To be acknowledged in the same manner as a deed.) 
 
 20 
 
306 PRACTICAL FORMS. 
 
 [ No. 476. ] 
 Report of sale in partition. 
 
 (Title of action.) 
 
 To the Supreme Court of the State of New York : 
 
 In pursuance of an order made in this court in the above 
 action, and dated the third day of January last, I, the sub- 
 scriber, referee, duly appointed, to whom the execution there- 
 of was confided, do report : 
 
 That having caused a notice of the time and place of sale 
 of the premises mentioned in said decretal order, containing 
 a brief description thereof, to be published, once in each 
 week, for six weeks immediately previous to such sale, in 
 one of the public newspapers printed in the county of Al- 
 bany, where such premises are situated, and having also 
 caused a copy of such notice to be put up at three of the 
 most public places in the city of Albany, where the said 
 premises are situated : I did, on the thirtieth day of March, 
 1852, at 12 o'clock, noon, that being the time specified in the 
 said notice, attend at the rotunda of the Merchants' Exchange 
 in said city, the place therein mentioned, and exposed the 
 said premises for sale, at public auction, to the highest bid- 
 der, as directed by said order. 
 
 1 do further report, that the several lots or parcels of land 
 so directed to be sold as aforesaid, were put up for sale sepa- 
 rately, and were each and every of them struck off to T. B., 
 for the following sums: Lot No. 1, for the sum of $1,000; 
 lot No. 2, for the sum of $2,000 ; and lot No. 8, for the sum 
 of $4,000; those sums being the highest sums bidden for 
 the said lots respectively, and the said T. B. being the highest 
 bidder therefor ; which several sums amount, in the ag- 
 gregate, to $7,000. 
 
 That the terms and conditions of such sales were reduced 
 to writing, and made known to the persons attending such 
 sale, previous to putting up the said lots, and were as follows : 
 the purchaser or purchasers of each lot or separate parcel, 
 were to pay ten per cent, of the purchase money down, on the 
 day of sale, and the residue when the sale should be confirmed 
 
PRACTIQAL FORMS. 307 
 
 and the deed delivered. And that the said T. B. has signed 
 the written conditions of sale above mentioned, together with 
 an acknowledgment that he has purchased the premises upon 
 those terms, and he has paid to me the amount required to be 
 paid down. 
 
 All of which is respectfaUy submitted. 
 
 April 2, 1852. 
 
 A. B., Keferee. 
 
 [ No. 477. ] 
 Final report after sale in partition. 
 
 (Title of action.) 
 
 To the Supreme Court of the State of N'ew York : 
 
 In pursuance of an order of this court, made the twentieth 
 day of January, 1852, 1, the subscriber, do respectfully report ; 
 
 That in obedience to the said order, I have executed, ac- 
 knowledged, and delivered to L. B., the purchaser of the 
 premises directed to be sold by me, a deed of such premises, 
 on receiving from him the sum of $4,940, the price or sum 
 for which the said premises were sold to him, as mentioned 
 in my former report of such sale, made in pursuance of said 
 order, and bearing date the tenth day of March last past; 
 and upon his complying with all the conditions upon which 
 the said deed was to be delivered. 
 
 And I further report that I have paid to the attorney for the 
 plaintiff in this action, the sum of $60, for the costs of the 
 plaintiff as taxed in this action, and have taken a receipt there- 
 for, which is hereto annexed ; that I have paid M. S., the 
 guardian ad litem of the infant defendants, the sum of $15, 
 being the amount of his costs, as taxed, and have taken his 
 receipt therefor, which is hereto annexed ; that I have retained 
 in my hands the sum of $50, being the amount of my fees and 
 disbursements on said sale ; that I have paid to the collector 
 of the town of Watervliet the sum of $15, for taxes upon the 
 said premises ; that I have paid the defendanit M. C, the sum 
 of $500, being the amount reported due to him upon his mort- 
 
308 PRACTICAL FORMS. 
 
 gage on thesaid premises ; that I liave paid to C. M., $150, due 
 on his judgment against the plaintiff in this action. 
 
 And I further report, that the residue of the net proceeds of 
 the sale of the said premises, I have divided and distributed 
 as follows : to the plaintiff, the sum of $1,050, which, with 
 judgment docketed against him and paid as Above, is his share 
 of the distributive proceeds ; to the defendant E. M., the sum 
 of $700, which, with the amount paid to satisfy the said bond 
 and mortgage, is his share of the distributive proceeds ; and 
 to the defendant R. 0. and wife the sum of $1,200, being their 
 share of the said proceeds, in right of the said wife ; and the 
 remaining share of $1,200 belonging to the infant defendants, 
 subject to the dower interest of their mother, (she declining to 
 receive a gross sum in satisfaction thereof,)! have now brought 
 into court that the same may be invested for their benefit. 
 And that I have taken from the plaintiff and such defendants 
 as have received their shares, their respective receipts for the 
 several amounts paid to them as aforesaid. 
 
 And I further report that I have let the said L. B., into the 
 possession of the premises so purchased by him. . 
 
 All which is respectfully submitted. 
 
 April 10, 1852. 
 
 A. B., Sole Eeferee. 
 
 [ No. 478. ] 
 
 Return to process of not found. 
 
 Albany County, ss : The within defendant is not found in 
 my bailiwick. S. B., Sheriff. 
 
PRACTICAL FORMS. 309 
 
 [ No. 479. J 
 
 Return to execution against the person, paid or settled. 
 
 Allegany County, ss : Satisfied. 
 
 W. B., Sheriff. 
 or: 
 County of Broome, ss : Within defendant discharged by 
 the plaintiff from this execution. 
 
 W. B., Sheriff 
 
 [ Ko. 480. ] 
 
 Return to execution of no property. 
 
 Cattaraugus County, ss : The within named defendant has 
 no goods or chattels, lands or tenements, in my bailiwick, 
 whereof I can cause to be made the damages (or debt and 
 damages) within mentioned, or any part thereof, according to 
 the exigency of this writ. 
 
 W. B., Sheriff, 
 
 By R. H. B., Deputy. 
 
 [ No. 481. ] 
 
 Return to execution when issued. 
 
 Cayuga County, ss : By virtue of this writ to me directed, 
 I have caused to be made of the goods and chattels, lands and 
 tenements, of the within John Doe, the damages (or debt and 
 damages) within mentioned. 
 
 or: 
 
 " Satisfied." 
 
 W. B., Sheriff. 
 
 W. B., Sheriff. 
 
310 PRACTICAL FOEMS. 
 
 [ No. 482. ] 
 Return of sheriff that defendant has made deposit in lieu of bail. 
 
 (Title of action.) 
 
 Oswego County, ss: I hereby certify that the defendant 
 has deposited with me five thousand dollars, in lieu and 
 instead of bail in the above entitled action. 
 
 March 25, 1858. 
 
 W. B., Sheriff. 
 
 [ No. 483. ] 
 
 Return of clerk that the money has been paid into court by the 
 
 sheriff. 
 (Title of the action.) 
 
 Ofiice of the Clerk of the County of Oswego : I hereby 
 certify that the sheriff has deposited in this court the sum of 
 five thousand dollars, alleged to have been paid him by the 
 defendant in lieu of bail {or of an undertaking) in the above 
 entitled action. 
 
 March 25, 1858. 
 
 B. W., Clerk. 
 
 [ No. 484. ] 
 
 Return of sheriff that hail has been given to take up money pre- 
 viously deposited. 
 
 Oswego County, ss : I hereby certify that the defendant 
 has deposited with me a bail bond, of which the within is a 
 copy, in lieu and instead of the money heretofore deposited 
 with me. 
 
 March 26, 1858. 
 
 W. B., Sheriff. 
 
PRACTICAL FORMS. 3II 
 
 [ No. 485. ] 
 
 Return to eccecuiion where property remains unsold for want of 
 
 buyers. 
 
 Yates County, ss : By virtue of tliis writ to me directed, I 
 have taken goods and chattels of the within named John Doe, 
 to the value (or of part) of the damages (or debt and damages) 
 within mentioned, which goods and chattels remain in my 
 hands unsold for want of buyers ; therefore I cannot have 
 that money at the day and place within contained, as I am 
 within commanded. 
 
 W. B., Sheriff. 
 or: 
 
 Wyoming County, ss : Goods taken, but unsold for want 
 of buyers. 
 
 W. B., Sheriff. 
 
 [ No. 486. ] 
 
 Return to process of cepi corpus. 
 
 County of Westchester, ss : I have taken the within named 
 defendant, whose body I have ready at the day and place 
 within contained, as within I am commanded. 
 
 W. B., Sheriff. 
 
 [ No. 487. ] 
 
 Return of service of summons. 
 
 County of Albany, ss : I, W. B., sheriff of the city and 
 County of Albany, certify that on the 10th day of March, 
 1852, at the city of Albany, I served the within summons by 
 delivering a copy thereof to L. B., the within defendant, per- 
 sonally, (together with a copy of the complaint therein men- 
 tioned) of which the within is a copy. 
 
 W. B., Sheriff 
 
312 PEACTIOAL FOBMS. 
 
 [ No. 488. ] 
 
 Return of arrest. 
 
 County of "Washington, ss : I Lave taken and arrested the 
 said John Doe, within named, as I am by the writ within 
 commanded. 
 
 W. B., Sheriff. 
 
 [ No. 489. ] 
 
 Return of arrest and imprisonment for want of hail. 
 
 Albany County, ss : I have taken the within named J. C, 
 who remains imprisoned in the common jail of Albany county, 
 in my custody for want of bail. 
 
 W. B., Sheriff. 
 
 [ No. 490. ] 
 
 Return of arrest and rescue. 
 
 County of Rensselaer, ss : By virtue of this writ to me di- 
 rected, I took and arrested the within named L. M., according 
 to the exigency of the said writ, and safe]y kept him in my 
 custody until divers persons, to me unknown, on the fifth day 
 of April, 1852, at Troy, with force and arms assaulted and ill 
 treated me, and L. M., out of my custody, then and there res- 
 cued, and the said L. M. then and there rescued himself and 
 escaped out of my custod}^, against the peace of the people of 
 the state of New York ; and aftertvards the said L. M. is not 
 found in my bailiwick. 
 
 W. B., Sheriff. 
 
PRACTICAL FORMS. 313 
 
 [ No. 491. ] 
 
 Return of no goods of testator in action against executor. 
 
 Tompkins County, ss : The witliin named A. B. has no 
 goods or chattels which were of the within named C. D., de- 
 ceased, at the time of his death, in his hands to be adminis- 
 tered in my bailiwick, whereof I can cause the damage within 
 mentioned or any part thereof; (and he has not any of his 
 own proper goods or chattels in my bailiwick, whereof I can 
 cause to be made the within mentioned sum of sixty dollars, 
 parcel of the sum of five hundred dollars, or any part thereof, 
 according to the exigency of the writ.) 
 
 W. B., Sheriff, 
 
 By R. H. B., Deputy. 
 
 [ No. 492. ] 
 
 Return of goods taken or replevied. 
 
 Tioga County, ss : By virtue of the within order, I duly took 
 and have delivered to the plaintiff, within named, * the goods 
 and chattels within specified as I am within commanded. 
 
 W. B., Sheriff, 
 
 By R. B., Deputy. 
 
 [ No. 493. ] 
 
 Return of goods taken or replevied— {another form:) 
 
 County of Albany, ss : I hereby certify that on the eighth 
 day of March, 1858, at the city of Albany, by virtue of the 
 within order I diily took and have delivered to the plaintiff 
 within named, * the goods and chattels within specified as I 
 am within commanded, and on the same eighth day of March, 
 1858, at Albany aforesaid, I served a copy of the foregoing 
 
314 PRACTICAL FORMS. 
 
 affidavit and notice and copy of the undertaking in this action, 
 upon the defendant personally. 
 
 W. B., Sheriff, 
 
 By U. G., Deputy. 
 
 [ No. 494. ] 
 
 Return zvhere only part can be found. 
 
 (As in the last form to the *, then) a part only of the 
 goods and chattels contained in the said order, to wit : (here 
 insert the particulars ;) and that the residue thereof, I could 
 not find, the same having been removed or concealed, so as 
 to make replevin or delivery thereof. 
 
 W. B., Sheriff. 
 
 [ No. 495. ] 
 
 Return where none of the goods can he found. 
 
 Orange County, ss : I do certify and return to the within 
 order that no part of the goods and chattels therein mentioned, 
 could be found by me so as to make delivery thereof, as I am 
 within commanded. 
 
 W. B., Sheriff. 
 
 [ No. 496. ] 
 
 Return where defendant gives security and keeps the goods. 
 
 County of Oneida, ss : I do certify and return that I took 
 the within specified goods and chattels in order to make deliv- 
 ery thereof to the plaintiff within named, but before such de- 
 livery was made, the defendant in the within entitled action, 
 required a return thereof to him, and gave a written undertak- 
 ing, executed by two sureties, of which the annexed is a copy. 
 
 W. B., Sheriff. 
 
PRACTICAL FORMS. 315 
 
 [ No. 497. ] 
 
 Return to a writ of habeas corpus.. 
 
 County of Ontario, ss : I do hereby return to the justices 
 of the Supreme Court, (or the Hon. Ira Harris, one of the 
 justices of the Supreme Court,) that before the coming to me 
 of the "within writ, the said E. F. was committed to my cus- 
 tody, (or was arrested by me,) and is detained by virtue of an- 
 other writ to me directed, a copy of which annexed I transmit 
 to you. Nevertheless, I have the body of the said E. F. be- 
 fore you at the day and place within mentioned, as I am 
 within commanded. 
 
 W. B.. Sheriff. 
 
 [ No. 498. ] 
 
 Return to a torit giving possession. 
 
 County of Oswego, ss : By virtue of the within writ to me 
 directed on the first day of March, 1852, I have caused the 
 within named A. B. to have possession of the premises within 
 described, for his term within written, with the appurtenances, 
 as in all things by the said writ I am commanded. * 
 
 W. B., Sheriff. 
 
 [ No. 499. ] 
 
 Return of warrant under proceedings for the collection of demands 
 against ships and vessels. 
 
 Albany County, ss : In obedience to the within warrant, I 
 do certify, and return to Hon. Ira Harris, one of the justices 
 of the Supreme Court, (or to Hon. A. D. Eobinson, Albany 
 comity judge,) that I have attached and seized the vessel 
 therein named, together with her tackle, apparel and furni- 
 
316 PRACTIOAX FORMS. 
 
 ture, and slie is now, and ever since hath been, safely kept by 
 me, as I am within commanded. 
 
 W. B., Sheriff. 
 A just and true inventory made and signed by me of all 
 the property seized by virtue of the annexed warrant, that is 
 to say : One sloop, called, &c., (here set forth the apparel and 
 furniture.) 
 
 W. B., Sheriff. 
 
 [ No. 500. ] 
 
 Returns to writs ofne exeat. 
 
 'Where defendant has been arrested and has given security. — 
 Orleans County, ss : I certify and return, that I have caused 
 the within named C. J)., personally to come before me, and he 
 hath found bail in the sum of one thousand dollars, according 
 to the command of the within writ. 
 
 W. B., Sheriff. 
 
 Where defendant is not to he found.- — County of Orleans, ss : 
 I certify that the within named C. D. is not to be found in my 
 bailiwick. 
 
 W. B., Sheriff. 
 
 * 
 
 Where defendant has been arrested and committed for want of 
 
 bail.- — Albany County, ss : I certify that I have caused the 
 within named C. D. personally to come before me, and he 
 having refused to give the bail or security mentioned, I have 
 his body in the common jail of the county of Albany under 
 
 my custody. 
 
 W. B., Sheriff. 
 
 [ No. 501. ] 
 Return of service of subpoena. 
 Albany County ss : I certify that on the first day of 
 
PRACTICAL FORMS. 817 
 
 Marcli inst., at Albany, I subpoenaed tbe witHn named C. D. 
 as I am within commanded, by showing to him the within 
 subpoena, and at the same time and place giving to him a 
 copy of the said subpoena, (or a subpoena ticket containing 
 all the facts set forth in the said subpoena,) and at the same 
 time I paid (or tendered in cash) to him four dollars and fifty 
 cents. 
 
 Albany, March 8, 1852. 
 
 W. B., Sheriff, 
 
 By R. H. B., Deputy. 
 
 [ No. 502. ] 
 ■Return to attachment. 
 
 Albany County, ss : I hereby certify and return, that by 
 virtue of the within attachment I have seized, taken into my 
 possession and attached the property of the defendants within 
 named, specified in the inventory hereto annexed, and ap- 
 praised the property therein specified at the sums mentioned 
 in the annexed inventory. 
 
 Albany, April 10, 1852. W. B., Sheriff. 
 
 (Annex inventory and appraisal.) 
 
 [ No. 508. ] 
 Satisfaction of judgment. 
 
 I, A. B., acknowledge satisfaction of a judgment recovered 
 against C. D., in the Supreme Court, between A. B., plaintiff, 
 and C. D., defendant, for five hundred and twenty-five dollars 
 and forty-three cents, damages and costs. 
 
 Judgment roll (record) filed and docketed the tenth day of 
 June, 1850, in the clerk's office of the city and county of Al- 
 bany. Dated the tenth day of February, 1852. 
 
 A. B. 
 
318 PRACTICAL FORMS. 
 
 Albany City and County, ss : Sub- 
 scribed and acknowledged before 
 me, this lltb day of February, 
 1852, by A. B., personally known 
 to me to be the person described 
 in and who executed the above. 
 
 E. F., Commissioner of Deeds. 
 
 [ No. 504. ] 
 
 Sheriff ''s receipt on receiving execution. 
 
 (Title of action.) 
 
 Eeceived of the plaintiff's attorney, the execution in this 
 action, indorsed to "Levy $201.62, with interest from the 
 ninth day of July, 1852, and return this execution within 
 sixty days after its receipt by you to the Albany county 
 clerk's office." 
 
 Albany, July 20, 1852. 
 
 W". B., Sheriff, 
 
 By E. H. B., Deputy. 
 
 [ No. 505. ] 
 
 Sheriff''s receipt for moneys received from a person indebted to 
 the judgment debtor. 
 
 Supreme Court. 
 
 A. B.) 
 agt. [ E. F., Plaintiff's Att'y. 
 
 C. D.) 
 
 Judgment docketed July 6, 1852, for $556.72, in the county 
 of Albany, and execution issued to the sheriff of the city and 
 county of Albany, for the above amount, with interest. 
 
 Received of Q. H., fifty dollars, to apply on the above ex- 
 
PRACTICAL POEMS. 319 
 
 ecution in pursuance of section two hundred and ninetj-tliree 
 of the " Code of Procedure " of this state. 
 Albany, July 24, 1852. 
 
 W. B., Sheriff, 
 
 By R. H. B., Deputy. 
 
 [ No. 506. ] 
 Subpoena for the circuit. 
 
 The People of the State of New York, to A. B. and C. D., 
 greeting : 
 
 We command you, that all business and excuses being laid 
 aside, you and each of you appear and attend before the jus- 
 tices of the Supreme Court, or some or one of them, at a 
 circuit court to be held in the City Hall, in the city of Albany, 
 in and for the county of Albany, on the second day of March 
 next, at ten o'clock in the forenoon, to testify and give evi- 
 dence in a certain action now pending in the Siipreme Court, 
 then and there to be tried between E. P., plaintiff, and G. H. 
 defendant, (in a plea of assumpsit,) * and for a failure to at- 
 tend, you will be deemed guilty of contempt of court, and 
 liable to pay all loss and damages ST-jstained thereby to the 
 party aggrieved, and forfeit fifty dollars in addition thereto. 
 
 Witness, Ira Harris, Esquire, one of our justices of our 
 Supreme Court, the tenth day of February, 1852. 
 
 E. L., Clerk. 
 
 J. K., Attorney. 
 
 [ No. 507. ] 
 
 Subpcena ticket for the circuit. 
 
 By virtue of a writ of subpoena to you directed and here- 
 with shown to you, you are commanded, that all business 
 and excuses being laid aside, you be and appear in your 
 , proper person, before the justices of the Supreme Court, or 
 
820 PEACTICAL FORMS. 
 
 some or one of them, at a circuit court, to be held in and for 
 the county of Albany, at the City Hall in the city of Albany, 
 on the second day of March next, at ten o'clock in the fore- 
 noon, to testify all and singular what you may know in a 
 certain action now pending in the Supreme Court, then and 
 there to be tried, between E. F., plaintiff, and G. H., defend- 
 ant, (in a plea of assumpsit,) on the part of the plaintiff, (or 
 defendant.) And for a failure to attend, you will be deemed 
 guilty of a contempt of court, and liable to pay all loss and 
 damages sustained thereby to the party aggrieved, and forfeit 
 fifty dollars in addition thereto. 
 
 Dated the 10th day of February, 1852. 
 
 J. K., Attorney. 
 
 To A. B. and C. D. 
 
 [ No. 508. ] 
 
 Suhpmnafor party for circuit. 
 
 The People of the State of New York to A. B., greeting: 
 We command you, that all business and excuses being laid 
 aside, you (and each of you) appear and attend before the 
 justices of the Supreme Court, or some or one of them, at a 
 circuit court to be held in the City Hall, in the city of Albany, 
 in and for the county of Albany, on the second day of May 
 next, at ten o'clock in the forenoon, to be examined as a wit- 
 ness, at the instance of the plaintiff, (or defendant,) in a certain 
 action now pending in the Supreme Court, then and there to 
 be tried between you and A. B., plaintiff, (or C. D., defend- 
 ant,) (of a plea of assumpsit,) and for a failure to attend you 
 will' be deemed guilty of a contempt of court, and liable to 
 pay all loss and damages sustained thereby to the party ag- 
 grieved, and forfeit fifty dollars in addition thereto. 
 
 Witness, Ira Harris, Esquire, one of the justices of our Su- 
 preme Court, the 10th day of April, 1852. 
 
 E. L., Clerk. 
 J. W., Attorney. 
 
PRACTICAL FORMS. 321 
 
 [ No. 509. ] 
 Subpcena ticket for party for circuit. 
 
 By virtue of a writ of subpcena to you directed, and here- 
 with shown to you, you are commanded, tliat all business and 
 excuses being laid aside, you be and appear in your proper 
 person before the justices of the Supreme Court, or some one 
 of them, at a circuit court to be held in- and for the county of 
 Albany, at the City Hall, in the city of Albany, on the second 
 day of May next, at ten o'clock in the forenoon, to be ex' 
 amined as a witness at the instance of the plaintiff, (or de- 
 fendant,) in a certain action now pending in the Supreme 
 Court, then and there to be tried between you and C. D., de- 
 fendant, (or A. B., plaintiff,) (in a plea of assumpsit,) on the 
 part of the defendant (or plaintiff.) And for a failure to attend, 
 you will be deemed guilty of a contempt of court, and liable 
 to pay all loss and damages sustained thereby to the party 
 aggrieved, and forfeit fifty dollars in addition thereto. 
 
 Dated the 10th day of April, 1852. 
 By the court. 
 
 J. W., Att'y for Plaintiff 
 (or Defendant.) 
 
 To A. B., Plaintiff, (or C. D., Defendant.) 
 
 [ No. 510. ] 
 Subpoena on reference. 
 
 The People of the State of New York to A. B. and C. D., 
 greeting : 
 
 We command you, that all business and excuses being laid 
 aside, you and each of you appear and attend before Amos 
 Dean, Esq., referee, duly appointed under rule of court, on 
 the fifth day of May next, at ten o'clock in the forenoon, to 
 testify and give evidence in a certain action now pending in 
 the Supreme Court, &c., (to the end as in subpcena for circuit) 
 
 21 
 
322 PEAOTICAL FOBMS. 
 
 [ No. 511. ] 
 
 Suhpcena ticlcet for reference. 
 
 By virtue of a writ of subpoena, to you directed and here- 
 with shown, you are commanded, that all and singular busi- 
 ness and excuses being laid aside, you be in your proper per- 
 son before Amos Dean, Esq., referee, duly appointed under a 
 rule of court, on the fifth day of May next, at ten o'clock in 
 the forenoon, at his office in the city of Albany, to testify all 
 and singular what you may know, &c., (to the end as in sub- 
 poena ticket for circuit.) 
 
 [ No. 512. ] 
 
 Subpoena for party for reference. 
 
 The People of the State of New York, to A. B., greeting : 
 "We command you, that all business and excuses being laid 
 aside, (you and each of you) appear and attend before Amos 
 Dean, Esq., referee, duly appointed under a rule of court, on 
 the sixth day of May next, at ten o'clock in the forenoon, at 
 his office in the city of Albany, to be examined as a witness, 
 &c., (to the end as in subpoena for party for circuit.) 
 
 [ No. 513. J 
 
 Subpoena duces tecum. 
 
 (As in the regular subpoena for the circuit to the *, then) 
 and that you bring with you and produce then and there a 
 certain book, being the (here describe the book or paper suf- 
 ficiently that the witness cannot mistake it ;) and for a failure, 
 &0., (to the end as in the usual subpoena.) 
 
PRiOTIGAL FOEMS. 323 
 
 [ No. 514. ] 
 
 Subpoena ticket, duces tecum. 
 
 Insert in the subpoena ticket the " duces tecum " clause in 
 the proper place, as in the subpoena. 
 
 [ No. 515. ] 
 Summons for a witness under a commission from another state. 
 
 In pursuance of a commission issued under the seal of the 
 Court of Common Pleas of the county of Hampden, state of 
 Massachusetts, dated the 28d day of January, 1852, and to 
 me (or to A. B., of the city of Albany,) directed, I, Ira Harris, 
 one of the justices of our Supreme Court, do hereby summon 
 you, C. D., to appear before me at my (or before the said A. 
 B., at his) of&ce, in the city of Albany, on the tenth day of 
 February inst., at ten o'clock A. M., of the same day, to testify- 
 all and singular you may know in a certain cause now pend- 
 ing in said Court of Common Pleas, between E. P., plaintiff, 
 and G-. A., defendant. 
 
 And hereof you are not to fail at your peril. 
 
 Dated the 8th day of February, 1852. 
 IRA HAEEIS, 
 One of the justices of the Supreme Court. 
 
 [ No. 516. ] 
 
 Summons for a witness de bene esse. 
 
 In pursuance of the provisions of title III, of chapter VII, 
 of part III, of the Revised Statutes, you are hereby summoned 
 to appear and attend before me, at my ofiEice in the city of Al- 
 bany, on the fifth day of May inst., at ten o'clock in the fore- 
 noon, to testify and give evidence on behalf of Gr. H., in an 
 
324 PEAOTICAL FORMS. 
 
 action pending in the Supreme Court of this state, wherein the 
 said Gr. H. is plaintiff, (or defendant,) and B. 0. is defendant 
 (or plaintiff.) 
 
 And hereof you are not to fail at your peril. 
 May 3, 1852. 
 
 lEA HAEEIS, 
 One of the justices of the Supreme Court. 
 
 [ No. 517. ] 
 
 Stipulation to put over the circuit. 
 
 (Title of action.) 
 
 It is hereby stipulated on the part of the plaintiff and de- 
 fendant herein, that the trial of this action be deferred till the 
 next September circuit, to be holden at the City Hall in the 
 city of Albany. 
 May 10, 1852. 
 
 A. B., Plaintiff's Att'y. 
 D. C, Defendant's Att'y. 
 
 [ No. 518. J 
 
 Stipulation to refer action. 
 
 (Title of action.) 
 
 It is hereby stipulated on the part of the plaintiff and de- 
 fendant herein, that this action be referred to A. B., Esq., of 
 the city of Albany, as sole referee, to hear and determine the 
 same. 
 
 January 5, 1852. 
 
 A. M., Plaintiff's Att y. 
 C. E., Defendant's Att'y. 
 
PRACTICAL FORMS. 325 
 
 [ No. 519. ] 
 
 g Summons in actions for the payment of money only. 
 
 Supreme Court — 
 
 Albany County : 
 
 To E. W., defendant : You are hereby summoned to an- 
 swer the complaint of A. B., of the county of Albany, plain- 
 tiff, which will be filed with the clerk of Albany county, (or 
 of which a copy is hereto annexed,) and to serve a copy of 
 your answer on me at Albany, within twenty days after the 
 service of this summons, exclusive of the day of service ; and 
 if you fail to answer said complaint, as hereby required, the 
 plaintiff will * take judgment against you for five hundred 
 dollars, and interest thereon from the fifth day of January, 
 1852, besides costs. 
 
 L. M., Plaintiff's Att'y, Albany. 
 
 [ No. 520. ] 
 
 Summons in actions for relief. 
 
 (As in the last form to the *, then) apply to the court for 
 the relief demanded in the complaint. 
 
 M. L., Plaintiff's Att'y, Albany. 
 
 [ No. 521. ] 
 
 Summons against heirs, devisees, legatees, &c. 
 
 Supreme Court. 
 
 To E. M. and A. H., heirs (devisees or legatees) of C. D., 
 deceased : 
 
 Whereas, M. Gr., of the city of Albany, obtained a judg- 
 ment in this court on the tenth day of December, 1848, for 
 the sum of six hundred dollars damages and costs, against 
 
326 PRACTICAL FORMS. 
 
 C. D., now deceased, in an action wherein the said M. Gr. was 
 plaintiff, and the said C. D. was defendant, as appears by the 
 record thereof in the county of Albany : 
 
 Now, therefore, you are hereby summoned as the heirs 
 (devisees or legatees, &c.,) of the said C. D., deceased, and re- 
 quired to show cause within twenty days after the service of 
 this summons, why the said judgment should not be enforced 
 against the estate of the said judgment debtor, in your hands 
 respectively. 
 
 B. P., Att'y for above-named Plaintiff, 
 
 Albany. 
 
 [ No. 522. ] 
 
 Affidavit to be annexed. 
 
 (Title of action.) 
 
 Albany City and County, ss : M. G., being sworn, says, 
 that on the tenth day of December, 1848, he recovered a 
 judgment against C. D., of the city of Albany, now deceased, 
 for the sum of six hundred dollars, damages and costs, in an 
 action wherein this deponent was plaintiff, and the said C. D., 
 defendant, and that the said judgment has not been satisfied, 
 to his knowledge or information and belief, and that the 
 amount due thereon is the sum of six hundred dollars, and 
 interest thereon from the tenth day of December, 1848. 
 
 M. G. 
 Sworn, &c. 
 
 [ No. 528. ] 
 Summons to bring in joint debtors. 
 
 Supreme Court — Schenectady County. 
 
 To E. M. and A. H. defendants : 
 
 M. C, of the city of Schenectady, having obtained a judg- 
 ment in this court, in the above-named county, on the six- 
 
PRACTICAL PORMS. 327 
 
 teenth day of July last past, against one 0. D., for the sum 
 of one thousand dollars damages and costs, in an action in 
 which the said M. C. was plaintiff, and the said 0. D. and 
 you E. M. and A. H. were defendants : 
 
 Now, therefore, you are hereby summoned and required to 
 show cause within twenty days after service of this summons, 
 why you and each of you should not be bound by the judg- 
 ment in the same manner as if you had been originally sum- 
 moned in the said action. 
 
 R. P., Att'y for Plaintiff, 
 
 Schenectady. 
 
 [ No. 524. ] 
 Affidavit to he annexed. 
 
 (Title of action.) 
 
 Schenectady City and County, ss : M. C. of said city, being 
 sworn says, that on the sixteenth day of July last past, he 
 obtained a judgment against the above named defendant, C. 
 D., in this action, for the sum of one thousand dollars damages 
 and costs. And this deponent further says, that the debt for 
 the recovery of which this action was brought, and judgment 
 obtained, was and is a debt due to this deponent from the 
 said C. D., E. M. and A. H., upon their joint (and several) 
 contract, and for the payment of which they are jointly (and 
 severally) liable to this deponent, and that the said judgment 
 has not been satisfied, to his knowledge or information and 
 belief, and that the whole amount of said judgment, and inte- 
 rest thereon, is still due. 
 
 M. 0. 
 
 Sworn, &;c. 
 
328 PRACTICAL FORMS. 
 
 [ No. 525. J 
 
 Substitution of attorney, consent for. 
 
 (Title of action.) 
 
 I hereby consent that A. B., Esq., of the city of Hudson, 
 be substituted in my place as attorney and counsel for the 
 above-named defendant, (or plaintiff,) in this action. 
 Troy, May 3, 1852. 
 
 C. D., Defendant's 
 (or Plaintiff's) Att'y. 
 
 [ No. 526. ] 
 
 Substitution of attorney, notice of. 
 
 (Title of action.) 
 
 To M. N., Esq., plaintiff's (or defendant's) Att'y : 
 Sir : Please to take notice, that the subscriber has been 
 substituted in the place of C. D., Esq., as attorney and coun- 
 sel for the above-named defendant, (or plaintiff,) in this 
 action. 
 
 Hudson, May 5, 1852. 
 
 Yours, &c. 
 
 A. B., Defendant's 
 (or Plaihtiff 's) Att'y. 
 
 [ No. 527. ] 
 
 Transcript of judgment in foreclosure. 
 
 Supreme Court — 
 Schenectady County. 
 A. B. ) 
 agt. I 
 
 C. D. and E., j 
 
 L. M., Plff 's Att'y, 
 
 Albany. 
 
• PRACTICAL FORMS. 329 
 
 Judgment of foreclosure in favor of plaintiff against de- 
 fendant, and docketed in Schenectady county, Oct. 14, 1857, 
 at 9 A. M., for the following amount, 
 
 Recovery |729 50 
 
 Costs 99 26 
 
 $828 76 
 'No personal claim against said E. F., judgments against 
 said C. D. personally for the above amount, $828.76. 
 
 I certify the above to be a transcript of the docket of judg- 
 ment in the above cause. 
 
 M. S., Clerk. 
 Oct. 14th, 1857. 
 
 [ No. 528. ] 
 
 Transcript of judgment. 
 
 State of JSTew York. 
 SiTPEEME Court — 
 Albany County. 
 A. B. 1 
 agt. \ 
 C. D.) 
 
 Eecovery $228 80 
 
 15 25 
 
 $248 55 
 
 Supreme Court, clerk's office, ) 
 
 County of Albany, March 25, 1858. j 
 EoU filed, March 25, 1858, at 9 A. M. 
 
 B. B., Plff's Att'y. 
 I certify the above is a correct transcript of the facts neces- 
 sary to make a perfect docket of the judgment in said 
 action. 
 
 H. H., Clerk. 
 
330 PRACTICAL FORMS. 
 
 [ No. 529. ] 
 Undertaking on injunction. 
 
 (Title of action.) 
 
 "Whereas the above-named plaintiff is desirous that an in- 
 junction issue against the above-named defendant, in an ac- 
 tion to be commenced in this court with the above title : 
 
 Now we, the said J. M., merchant, of the city of Albany, 
 E. B., printer, and S. A., tanner, of the same place, do hereby, 
 pursuant to the statute, undertake that if the said defendant 
 shall recover judgment in the said action, then the said plain- 
 tiff shall pay him, or his assigns, all damages which the said 
 defendant may sustain, by reason of the said injunction, not 
 exceeding the sum of one thousand dollars. 
 
 Dated February 14, 1852. 
 
 J. M. 
 
 [L. S.J 
 
 E.B. 
 
 [L. S.] 
 
 S. A. 
 
 [L. S.] 
 
 (All undertakings should be acknowledged, and the sure- 
 ties should justify.) 
 
 [ No. 530. ] 
 Undertaking On attachment. 
 
 (Title of action.) 
 
 Whereas, the above-named plaintiff has applied (or is about 
 to apply) for a warrant of attachment against the property of 
 the above named defendant : 
 
 Now therefore, we, A. B., carpenter, of the city of Albany, 
 and C. D., merchant of the same place, undertake that if the 
 above defendant recovers judgment in this action, the plain- 
 tiff shall pay all costs that may be awarded the said defendant, 
 and all damages which he may sustain by reason of the at- 
 tachment, not exceeding the sum of one thousand dollars. 
 
 A. B. [L. s.] 
 C. D. [L. s.] 
 
PEACTIOAL FORMS. 331 
 
 [ No. 531. ] 
 Undertaking to discharge attachment. 
 
 (Title of action.) 
 
 A warrant of attaclinaent Kaving been issued against tlie 
 property of the defendant herein : 
 
 Now, therefore, we, K. L., carpenter of the town of Water- 
 vliet, and M. N. and 0. P., farmers of the same place, will on 
 demand pay to the plaintiff, the amount of the judgment that 
 may be recovered against the defendant in this action, not ex- 
 ceeding the sum of two thousand dollars. (Double the sum 
 demanded in the complaint.) 
 
 K. L. [L. S.J 
 M. N. [L. s.] 
 
 0. P. [L. S.] 
 
 [ No. 532. ] 
 Undertaking for order of arrest. 
 
 (Title of action.) 
 
 Whereas, the above-named plaintiff has made application 
 (or is about to apply) for an order to arrest the above defend- 
 ant in this action : 
 
 Now, therefore, we, A. B., tanner, of the city of Utica, and 
 C. D., merchant, of the same place, undertake that if the de- 
 fendant recover judgment, the plaintiff will pay all costs that 
 may be awarded to the defendant, and all damages which he 
 may sustain by reason of the arrest, not exceeding the sum of 
 
 one thousand dollars. 
 
 A. B. 
 
 C. D. 
 
382 PRACTIOAIi FORMS. 
 
 [ No. 533. ] 
 
 Undertahing to discharge from arrest. 
 
 (Title of action.) 
 
 Tlie above-named defendant having been arrested by W. 
 B., sberiff of the city and county of Albany, upon an order 
 of arrest granted by the Hon. Ira Harris, one of the justices 
 of the Supreme Court of the state of New York, in a certain 
 action commenced in the above-named court by the above- 
 named plaintiff, against the above-named defendant : 
 
 We, K. L., merchant of the city of Albany, and M. N., 
 tanner, and 0. P., carpenter, of the same place, hereby under- 
 take, in the sum of two thousand dollars, that the said defend- 
 ant shall at all times render himself amenable to the process 
 of the court during the pendency of this action, and to such 
 as may be issued to enforce the judgment therein. 
 
 ' K. L. 
 M.K 
 0. P. 
 
 [ No. 534. ] 
 
 Undertaldng on claim of delivery of personal property (in re- 
 plevin.) 
 
 (Title of action.) 
 
 The above-named plaintiff having commenced (or being 
 about to commence) an action against the defendant for the 
 recovery of certain personal property mentioned and described 
 in the affidavit of this plaintiff made for such purpose, being 
 two hundred barrels of flour : 
 
 Now, therefore, we, A. B., merchant of the city of Buffalo, 
 and C. D., merchant of the same place, do hereby acknowl- 
 edge ourselves bound in the sum of two thousand dollars for 
 the prosecution of this action and for the return of the prop- 
 erty to tbe defendant, if return thereof be adjudged, and for 
 
PRACTIOAX FORMS. 333 
 
 the payment to him of such sum as may, from any cause, be 
 recovered against the said plaintiff. 
 Dated May 5, 1852. 
 
 A. B. 
 CD. 
 
 [ Ko. 535. ] 
 
 Approval of sheriff indorsed. 
 
 ' I approve of the within undertaking, both as to the form 
 and the sufficiency of the sureties thereof. 
 
 W. B., Sheriff. 
 
 [ No. 536. ] 
 
 Undertaking requiring return of personal property. 
 
 (Title of action.) 
 
 The above defendant having required (or being about to 
 require) the return to him of the personal property, taken by 
 the sheriff of Albany county, in this action, to wit: two 
 hundred barrels of flour: 
 
 Now, therefore, we, Gr. H., I. K. and L. M., merchants of 
 the city of Albany, do acknowledge ourselves bound in the 
 sum of two thousand dollars, for the delivery thereof to the 
 plaintiff, if such delivery be adjudged, and for the payment 
 to him of such sum as may for any cause be recovered against 
 the defendant. 
 
 Albany, May 6, 1852. 
 
 G. H. 
 
 I. K. 
 
 L. M. 
 
384 PRAOTICAL FORMS. 
 
 [ No. 537. ] 
 Underialcing to sheriff on claim of third persons. 
 
 (Title of action.) 
 
 One G. B. having claimed to be the owner, and to have the 
 possession of the personal property, to mt: two hundred 
 barrels of flour, taken by the sheriff of the county of Albany, 
 in this action: 
 
 Now we, A. B., C. D. and B. F., merchants of the city of 
 Buffalo, hereby agree and undertake to indemnify the said 
 sheriff against the claim of the said Gr. B. 
 
 Buffalo, May 8, 1852. 
 
 A. B. 
 
 CD. 
 
 E. F. 
 
 [ No. .508. ] 
 
 Undertaking for costs on appeal. 
 
 (Title of action.) 
 
 The above-named defendant (or plaintiff) having appealed 
 to the Court of Appeals, from a judgment entered in the Su- 
 preme Court (or to the general term of the Supreme Court, 
 from a judgment entered in the county of Albany in said 
 court,) or (to the Supreme Court, from a judgment entered in 
 the county court of Greene county,) on the 6th day of Janu- 
 ary, 1852, in favor of the above-named plaintiff ( or defend- 
 ant) against the above-named defendant (or plaintiff) for the 
 sum of two hundred dollars damages and costs : 
 
 Now, therefore, we, A. B., C. D. and B. F., merchants, of 
 the city of Albany, do undertake that the said appellant will 
 pay all, costs and damages which may be awarded against 
 him on the appeal, not exceeding two hundred and fifty dol- 
 lars. Dated, &c. 
 
 A. B. 
 
 C. D. 
 
 E. F. 
 
PSAGTIOAi FORMS. 335 
 
 [ No. 539. ] 
 
 Undertakimj to stay execution on appeal. 
 
 (As in the last form to the close, then add) And if the 
 judgment appealed from, or any part thereof, be affirmed, the 
 appellant will pay the amount directed to be paid by the judg- 
 ment, or the part of such amount as to which the judgment 
 shall be affirmed, if it be affirmed only in part, and all dam- 
 ages which shall be awarded against the appellant upon the 
 appeal. Dated, &c. 
 
 A. B. 
 
 C. D. 
 
 E. F. . 
 
 [ No. 540. ] 
 
 Undertaking on answer of title in justice^ court. 
 
 Justice's Court — 
 
 Greene County. 
 
 C. D.| 
 ads. > Before M. N., Justice. 
 
 A.B.) 
 
 The above-named defendant having put in an answer in this 
 action, showing that the title to real property will come in 
 question on the trial thereof: 
 
 Now we, C. D. and E. F., farmers in the county of Greene, 
 undertake, that if the plaintiff shall, within thirty days here- 
 after, deposit with the above-named M. N., Esq., justice, a 
 summons and complaint in an action in the county court for 
 the same cause, the defendant will, within ten days after such 
 deposit, give an admission in writing of the service thereof 
 Dated, May 2, 1852. 
 
 C. D. 
 E. F. 
 
836 PRACTICAl FORMS. 
 
 [ No^541. ] 
 
 Undertaking on answer of title to real property injustices court — 
 defendant arrested. 
 
 (As in the last form to the close, then add) And that the 
 defendant will at all times render himself amenable to the 
 process of the court during the pendency of the action, and to 
 such as may be issued to enforce the judgment therein. 
 Dated May 2, 1852. 
 
 C. D. 
 B. F. 
 
 Approval indorsed. 
 
 I hereby approve of the within undertaking, both as to the 
 form and the sufficiency of the sureties thereof. 
 
 M. N., Justice of the Peace. 
 
 [ No. 542. ] 
 
 Undertaking to stay execution ^on an appeal from judgment, direct- 
 ing the sale or delivery of property. 
 
 (Title of action.) 
 
 The above-named defendant having appealed from a judg- 
 ment entered in the Supreme Court on the sixth day of Feb- 
 ruary, 1852, directing the sale (or delivery of the possession) 
 to the said plainiiff, of certain real (or personal) propert3'-, de- 
 scribed as follows : (here insert the description so as to identi fy 
 the property,) and for the sum of five hundred dollars for 
 withholding the possession thereof, and one hundred dollars 
 costs and disbursements in this action : 
 
 Now we, A. B., 0. D. and E. F., merchants of the city of 
 Albany, do undertake that the said appellant will obey the 
 order (of the general term) of the Supreme Court, (or of the 
 Court of Appeals) upon the said appeal, and that during the 
 possession of such property by the said appellant, he will not 
 commit or suffer to be committed any waste thereon, or injury 
 
PBACTICAIi FORMS. 337 
 
 thereto, and that if the judgment be affirmed, he will pay the 
 value of the use and occupation of the property from the time 
 of the appeal until the delivery of the possession thereof, pur- 
 suant to the judgment, not exceeding the sum of twelve hun- 
 dred dollars, and will in addition, pay all costs and damages 
 which may be awarded against him, on said appeal, not ex- 
 ceeding the sum of two hundred and fifty dollars. 
 Dated, March 8, 1852. A. B. 
 
 CD. 
 
 E. F. 
 
 [ No. 543. ] 
 Undertaking to stay execution in foreclosure. 
 
 (Title of action.) 
 
 The above-named defendant having appealed from a judg- 
 ment entered in the Supreme Court in Eensselaer county, on 
 the seventh day of March, 1852, directing the sale of certain 
 mortgaged premises described in the said judgment, and for 
 the payment by the said K. L., of any deficiency that may re- 
 main upon a sale of said mortgaged premises, and also the sum 
 of fifty dollars, costs and disbursements herein : 
 
 Now we, K. L., M. N. and E. G., undertake, that during the 
 possession of such property by the appellant, he will not com- 
 mit, or suffer to be committed any waste thereon, and that if 
 the judgment be affirmed, he will pay the value of the use and 
 occupation of the property, from the time of the appeal until 
 the delivery of possession thereof, pursuant to the judgment, 
 and the deficiency arising upon the sale, if any, that shall re- 
 main after the application of the proceeds of the sale thereof, 
 pursuant to the said judgment, not exceeding two thousand 
 dollars, and that the said appellant will also pay all costs and 
 damages which may be awarded against him on the appeal, 
 not exceeding the sum of two hundred and fifty dollars. 
 
 Dated March 12, 1852. K. L. 
 
 M. N. 
 E. G. 
 22 
 
338 PRACTICAL F0EM3. 
 
 [ No. 544. ] 
 Waiver of undertaking or deposit. 
 
 (Title of action.) 
 
 The respondent hereby waives the necessity of the appel- 
 lant's giving an undertaking, or the making of a deposit upon 
 the appeal in this action. 
 
 Albany, May 10, 1852. 
 
 A. E., Att'y for Respondent. 
 
 [ No. 545. ] 
 Warrant of attachment. 
 
 The People of the State of New York, to the Sheriff of the 
 city and county of Albany, greeting : 
 
 Whereas, an application has been made to me for a warrant 
 of attachment against the property of E. W., of "Wisconsin, a 
 non-resident, (or who has departed this state, with intent to 
 defraud his creditors, or to avoid the service of a summons,) 
 (or keeps himself concealed within this state, with intent to 
 defraud his creditors, or to avoid the service of a summons,) 
 (or a foreign corporation,) defendant in an action this day com- 
 menced in the Supreme Court, by issuing summons, wherein 
 H. C. is plaintiff, which application is in writing, accom- 
 panied by an affidavit verifying the facts and circumstances, 
 to entitle said plaintiff to said warrant of attachment, accord- 
 ing to the provisions of chapter four of title seven of the Code 
 of Procedure. It appears by the complaint herein duly veri- 
 fied, (or by the affidavits,) that the amount due said plaintiff is 
 the sum of two hundred dollars, and interest thereon from 
 January 1, 1850, besides costs of said action. 
 
 Now you are hereby commanded to attach and safely keep 
 all the property of the said defendant, E. W., in your county, 
 or so much thereof as may be necessary to satisfy the plain- 
 tiff's debt, together with the costs and expenses, as a security 
 
PEACTICAL FORMS. 839 
 
 for the satisfaction of such judgment as said plaintiff may re- 
 cover in said action. 
 
 Witness my hand this fourth day of May, 1852. 
 
 lEA HARRIS. 
 
 [ JSTo. 546. ] 
 Warrant to arrest a judgment debtor. 
 
 (Title of action.) 
 
 The People of the State of New York, to the sheriff of the 
 county of Greene : 
 
 An execution having been issued against the property of 
 the above-named defendant, to the sheriff of the proper county 
 upon the judgment in this action, and returned wholly (or in, 
 part) unsatisfied, and that the said defendant has property 
 which he unjustly refuses to apply towards the satisfaction of 
 the said judgment ; and it appearing to me by tTie affidavits 
 of A. B. and C. D. that there is danger of the said defendant's 
 absconding, you are hereby required forthwith to arrest the 
 said defendant, and bring him before me to be dealt with 
 according to law. 
 
 Witness my hand, this fifth day of May, 1852. 
 
 A. J. PARKER. 
 
 [ No. 547. ] 
 Warrant of commitment for contempt. 
 
 The People of the State of New York, to the sheriff of the 
 county of Schenectady, greeting : 
 
 Whereas, an order was duly made in our Supreme Court at 
 the city of Schenectady, on the third day of March, 1852, 
 forbidding and restraining (here set forth the order,) which 
 said order was duly served on the said L. M. Yet, notwith- 
 standing such service, the said L. M., in contempt thereof, 
 has, §s we have been informed and given to understand, in 
 
340 PRACTICAL FORMS. 
 
 our said court committed, (here state the act complaiaed of,) 
 to the great injury of the said E. W. 
 
 Now you are hereby commanded forthwith to attach the 
 said L. M., so that you may have his body forthwith before 
 our said court, at the city of Schenectady, to answer unto us 
 for the said contempt, and have you then there this writ. 
 
 "Witness, Ira Harris, one of the justices of our Supreme 
 Court, this sixth day of May, 1852. 
 
 [L. s.] E. L. Clerk. 
 
 A. B., Plaintiffs Att'y. 
 
 [ No. 548. ] 
 
 Warrant to apprehend witness for examination de bene esse. 
 
 To the Sheriff of the City and County of Albany : 
 You are hereby commanded forthwith to apprehend and 
 take into your custody, A. B., so that you may bring him 
 before me at my chambers in the city of Albany, immediately, 
 (or on the tenth inst., at ten o'clock in the forenoon,) to be 
 examined as a witness on behalf of one C. D., in an action 
 now pending in the Supreme Court of this state ; in which 
 action said C. D. is plaintiff, and B. P. is defendant, (or in 
 behalf of C. D., who expects to be a party in an action about 
 to be commenced, and in which action the said B. P. is the 
 party expected to be adverse to the said C. D.) And hereof 
 fail not. 
 
 Given under my hand this sixth day of April, 1852. 
 
 lEA HAEEIS. 
 
 [ No. 549. ] 
 
 Writ of venditioni exponas. 
 
 The People of the State of New York to the sheriff of the 
 City and County of Albany, greeting : 
 
 Whereas, heretofore we issued our writ of execution to you 
 
PRACTICAL FORMS. 341 
 
 directed, in the words and figures following : (here set out 
 the execution,) and you on the fifteenth day of March, 1852, 
 made your return to the said writ, that you had taken goods 
 and chattels of the said M. N. to the value of five hundred 
 dollars, which said goods and chattels remained unsold for 
 want of buyers : 
 
 Therefore, we command you, that you sell, or cause to be 
 sold, the goods and chattels by you taken as aforesaid, and 
 every part thereof, for the best price that can be obtained for 
 the same, or so much thereof as may be sufiicient to satisfy 
 the said judgment, and make return of your proceedings 
 herein, within sixty days after the receipt of this writ by you. 
 
 Albany, April 3, 1852. 
 
 M. E., Plaintiff's Att'y. 
 
 [ No. 550. ] 
 
 Writ of habeas corpics to inquire into the cause of detention. 
 
 The People of the State of New York to A. B., greeting : 
 We command you, that you have the body of C. D., by 
 you imprisoned and detained, as it is said, together with the 
 time and cause of such imprisonment and detention, by what- 
 soever name the said C. D. shall be called or charged, before 
 our justices of our Supreme Court, (or before Ira Harris, one 
 of the justices of our Supreme Court, or before A. D., Albany 
 county judge, at his office in the city of Albany,) at the Capi- 
 tol in the city of Albany, on the twenty-eighth day of July 
 instant, at ten o'clock in the forenoon, (or immediately after 
 the receipt of this writ,) to do and to receive what shall then 
 and there be considered concerning the said C. D. And have 
 you then and there this writ. 
 
 Witness, Ira Harris, Esquire, one of the justices of our Su- 
 preme Court, this twenty-sixth day of July, one thousand 
 eight hundred and fifty-two. 
 
 [L. s.] E. L., Clerk. 
 
 E. F., Attorney. 
 
 Indorsed. 
 
 Allowed pursuant to law, July 25, 1852. 
 
 lEA HAEEIS. 
 
342 PRACTICAL FORMS. 
 
 [ No. 551. ] 
 Warrant to attach ships and vessels. 
 
 By A. B., Albany County Judge : 
 
 Whereas, C. D. has, by his application in writing, stated to 
 me, that (here set forth the facts as in the application,) and 
 which application was verified by his affidavit, and also the 
 facts and circumstances to establish such demand have been 
 likewise verified by the afidavits of B. F. and Gr. H., disin- 
 terested witnesses, annexed to such application : 
 
 Therefore, pursuant to the Revised Statutes, the sheriff of 
 the city and county of Albany is hereby commanded, in the 
 name of the people of the state of New York, to attach, seize 
 and safely keep such ship or vessel, her tackle, apparel and 
 furniture, to answer all such liens as shall be established 
 against her according to law, and to make return of his pro- 
 ceedings under this warrant to me within ten days after such 
 seizure, together with this warrant. 
 
 Given under my hand and seal, at Albany, this tenth day 
 of July, 1852. 
 
 A. B., Albany County Judge, [l. s.J 
 
 [ No. 552. ] 
 
 Application for attachment against ships and vessels. 
 
 To the Hon. A. B., Albany County Judge : 
 The application of 0. D. respectfully showeth: That a 
 certain debt or demand is justly due to him, for and on ac- 
 count of work done for and towards the building (or repair- 
 ing and furnishing) of a certain ship called the Tantivy, and 
 which debt or demand amounts, over and above all payments 
 and discounts, to the sum of one hundred dollars, (the items 
 and particulars whereof, are hereto annexed,) and was con- 
 tracted with the said C. D. by one J. K., the master of said 
 vessel, within this state. And your petitioner annexes to this, 
 
PRACTICAIi FOEMS. 343 
 
 his application, the affidavits- of E. P. and G-. H., two disin- 
 terested witnesses, proving the facts and circumstances to es- 
 tablish your petitioner's aforesaid demand. 
 
 Wherefore, your petitioner prays a warrant against such 
 vessel, pursuant to title VIII, of chapter VIII, of part HI, of 
 the Eevised Statutes, entitled " Of proceedings for the collec- 
 tion of demands against ships and vessels." 
 
 And he wiU ever pray, &c. C. D. 
 
 Affidavit annexed. 
 
 Albany City and County, ss : C. D., the above-named pe- 
 titioner, being sworn, says that the said petition is true in sub- 
 stance and matter of fact. 
 
 Sworn, &c. C. D. 
 
 (Add affidavits of one or more disinterested witnesses as 
 No. 59.) 
 
 [ No. 553. ] 
 
 Sheriff"'s return with an inventory annexed. 
 
 In obedience to the within warrant, I do certify and return 
 to the Hon. A. B., Albany county judge, that I have attached 
 and seized the vessel therein named, together with her tackle, 
 apparel and furniture, and she is now, and ever since has been 
 safely kept by me, as within I am commanded. 
 
 W. B., Sheriff. 
 
 Inventory annexed. 
 
 A just and true inventory made and signed by me, of all 
 the property seized by virtue of the annexed warrant, that is 
 to say: One vessel, called, &c., with the following tackle, 
 apparel and furniture, viz : (set forth a full list of all the 
 things attached.) 
 
 W. B., Sheriff. 
 
344 PRACTICAL FORMS. 
 
 [ No. 554. ] 
 
 Order of the judge thereupon for publication. 
 
 In the matter of the ship Tantivy, ) 
 attached under a warrant. j 
 
 Ordered, that notice be published in the Albany Evening 
 Atlas, for the space of three months successively, stating the 
 issuing of the warrant herein, the name of the vessel seized, 
 the port or place to which she belongs, and her last com- 
 mander, and requiring all persons who claim to have any de- 
 mands against the said vessel, her tackle, apparel or furniture, 
 under the provision of the Eevised Statutes, to deliver an ac- 
 count of their respective claims to me, within three months 
 from the first publication of the said notice, or that their 
 remedy against the said vessel will be forfeited, and that such 
 vessel will be sold for the payment of the claims against her, 
 unless the owner, consignee or commander thereof, or some 
 person interested therein, appear and discharge such warrant 
 according to law, within three months from the first publica- 
 tion of such notice. 
 
 Albany, May 5, 1852. 
 
 A. B., Albany County Judge. 
 
 [ No. 555. ] 
 Application to discharge the warrant against the vessel. 
 
 To the Hon. A. B., Albany County Judge : 
 
 The undersigned hereby applies to your Honor to discharge 
 the vessel, called the Tantivy, from a warrant issued by youi 
 Honor, pursuant to the provisions of the Eevised Statutes, 
 he being interested in the said vessel as part owner (or con- 
 signee or commander,) and he hereby executes and delivers 
 to your Honor the bond required by law. 
 
 L. M. 
 
PRACTICAL FOEMS. 345 
 
 [ No. 556. ] 
 
 Judges order discharging warrant. 
 
 To W. B., Esq., Sheriff of the City and County of Albany : 
 A bond having been giyen, pursuant to the Eevised Stat- 
 utes, I do therefore hereby discharge the warrant heretofore 
 issued by me and directed to you against the ship Tantivy. 
 Given under my hand and seal, this 12th day of June, 1852. 
 A. B., Albany County Judge, [l. s.J 
 
 [ No. 557. ] 
 Order to sell vessel where the warrant has not been discharged. 
 
 In the matter of the ship Tantivy, ' 
 
 heretofore seized on my warrant 
 
 by the sheriff of the city and 
 
 county of Albany : 
 
 Ordered, that the sheriff of Albany proceed to sell the said 
 ship Tantivy, her tackle, apparel and furniture, and I hereby 
 declare and state that the amount necessary to be raised to sat- 
 isfy the claims against such vessel, and the expenses, is the 
 sum of five hundred dollars. 
 
 Given under my hand and seal, this 10th day of July, 1852. 
 A. B., Albany County Judge, [l. s.j 
 
 [ No. 558. ] 
 
 Order 'for publication of notice to creditors. 
 
 In the matter, &o. 
 
 Ordered, that a notice be published for three weeks, once 
 each week, in the Albany Evening Atlas, requiring aU per- 
 sons who have exhibited any claims against the said vessel, 
 and the owners, agent, consignee thereof, and all other per- 
 
346 PRACTICAL FORMS. 
 
 sons interested in such, vessel, to appear before me, at my office 
 in the city of Albany, on the 15th of August inst., to attend 
 a distribution of the proceeds arising from the sale of sucb 
 vessel, her tackle, apparel and furniture. 
 Dated, July 16, 1852. 
 
 A. B., Albany County Judge. 
 
 [ No. 559. ] 
 Order to refer a claim objected to. 
 
 In the matter, &c. 
 
 Ordered, that the claim of B. M., and the written statement 
 accompanying the same, be referred to A. D., J. N. and "W. 
 Gr., to examine and report thereon. 
 
 Dated, &c. 
 
 A. B., Albany County Judge. 
 
 [ No. 560. ] 
 
 Report of the referees. 
 
 In tbe matter, &c. 
 
 We, the referees, appointed by his Honor, A. B., Albany 
 County Judge, to examine and report on a claim and written 
 statement of B. M., do certify and report that we have ex- 
 amined the same, and there is due the said B. M., the sum of 
 sixty -five dollars, (or that there is nothing due the said B. M.) 
 Dated, &c. A. D. 
 
 O. N. 
 W. G. 
 
PRACTICAL FORMS. 347 
 
 [ No. 561. ] 
 Writ of possession. 
 
 Tlie People of the State of New York, to the sheriff of the 
 County of Albany : 
 
 Whereas A. B., of the city and county of Albany, has 
 lately, in our Supreme Court of judicature for the state of 
 New York, by the judgment of the said court, recovered 
 against 0. D. and E. F., the following described premises, to 
 wit : (insert description,) which said premises have been, and 
 at the time of said judgment, were unjustly withheld from 
 the said A. B. by the said C. D. and E. F., whereof they and 
 each of them were convicted, as appears to us of record, and 
 forasmuch as it is adjudged in the said court, that the said 
 A. B. have execution upon his said judgment against the said 
 C. D. and E. F., according to the force, form and effect of the 
 said recovery, therefore we command you that without delay, 
 you deliver to the said A. B. possession of the said premises, 
 so recovered, with the appurtenances, and that you certify to 
 the said court in what manner you shall have executed this 
 writ. 
 
 Witness, Ira Harris, one of the justices of our said Supreme 
 Court, this twenty-fourth day of March, one thousand eight 
 hundred and iifty-eight. 
 
 [L. S.J B. B., Clerk. 
 
 L. M., Plff 's Att'y. 
 
 [ No. 562. ] 
 Writ of assistance. 
 
 The People of the State of New York to the Sheriff of the 
 city and county of New York, greeting : 
 
 Whereas, on the fifth day of July, one thousand eight hun- 
 dred and fifty-seven, by a certain judgment made in our Su- 
 preme Court of the state of New York, in a certain action 
 then depending in our said court, wherein A. B. is plaiatiff, and 
 
348 PRACTICAL FORMS. 
 
 0. D. and E. F. are defendants, it was, among otter things 
 ordered, adjudged and decreed, that all and singular the 
 mortgaged premises mentioned in the plaintiff's complaint in 
 said action, or so much thereof as might be sufiSicient to raise 
 the amount due to the said plaintiff for the principal, interest 
 and cost in said action, and which might be sold separately 
 without material injury to the parties interested, be sold at 
 public auction, by or under the direction of S. IST., a referee 
 duly appointed for that purpose, (or by the sheriff of the 
 county of New York.) And also, that the purchaser or pur- 
 chasers of said mortgaged premises at such sale, be let into 
 possession of such parts as shall be purchased by them re- 
 spectively, on production of the sheriff's deed for such premi- 
 ses, and a certified copy of the order confirming the report of 
 sale. And whereas, the said sheriff or referee has filed his 
 report of said sale in the proper office, and the same has been 
 duly filed in the proper office, and the same has been duly 
 confirmed by a,n order of said court, from which report it 
 appears that the premises hereinafter described were sold to 
 M. N., and that the referee's (or sheriff's) deed has been exe- 
 cuted and acknowledged and delivered to the said M. N"., 
 purchasers as aforesaid, and the said M. N. has not been let 
 into, nor taken possession of the said premises, or any part 
 thereof, according to the tenor of the judgment of the said 
 court, notwithstanding the said M. N". has served on the said 
 C. D. a certified copy of said order confirming the report of 
 such sale, and has also produced and shown to the said C. D. 
 the referee's (or sheriff's) deed of the said premises in pursu- 
 ance of said judgment. Therefore, we command you, that 
 immediately after receiving this writ you go to, and enter 
 upon said premises, which are described as follows, to wit : 
 (describe premises,) and that you eject and remove therefrom 
 the said C. D. and any of the parties defendant in this action 
 who may be in possession of said premises, or any part there- 
 of, and any person who, since the commencement of this 
 action, has come into the possession of said premises, or any 
 part thereof, and detains the same, or any part thereof, against 
 the said M. N., and that you put and place the said M. N., or 
 his assigns, in the full, peaceable and quiet possession of the 
 
PBACTICAL FORMS. ' §49 
 
 said premises without delay ; and him, the said M. N., in such 
 possession thereof, from time to time maintain, keep and de- 
 fend, or cause to be kept, maintained and defended, according 
 to the tenor and true intent of the said decree and order of 
 our said court. 
 
 Witness, William Mitchell, one of the justices of our said 
 Supreme Court at New York, this twenty-fourth day of March, 
 one thousand eight hundred and fifty-eight. 
 
 [L. s.] L. B., Clerk. 
 
 N. 0., Plaintiff's Att'y. 
 
 [ No. 563. ] 
 
 Wife^s petition for alimony and expenses. 
 
 (Title of action.) 
 
 To the Supreme Court of the State of New York. 
 
 The petition of the above defendants respectfully shows, 
 that the said plaintiff, A. B., has commenced an action, by the 
 service of a summons and complaint on your petitioner, to 
 obtain a decree dissolving the marriage between him and your 
 petitioner ; and that your petitioner has put in her answer 
 by E. F., her attorney, denying all the allegations in said 
 complaint of any materiality, except the allegation as to the 
 marriage between this defendant and said plaintiff. 
 
 And your petitioner further shows, that she is wholly des- 
 titute of the means of supporting herself, daring the pendency 
 of this suit, or of carrying on her defence and defraying the 
 costs and expenses attending the same. That your petitioner 
 has been informed and verily believes the said complainant 
 has real estate and personal property to a large amount, and 
 amply sufficient to enable him to advance thereout, to your 
 petitioner, such sums as may be necessary for the above 
 mentioned purposes. That your petitioner is informed and 
 believes, that the said complainant is the owner of property to 
 the amount of more than forty thousand dollars, and that his 
 annual income is about four thousand dollars. 
 
 Your petitioner therefore prays, that the said plaintiff may, 
 
850 PRACTICAL FORMS. 
 
 by an order of this court, be required to pay to your peti- 
 tioner a reasonable sum for ber support and maintenance, 
 during the pendency of this action, and such sum or sums of 
 money as may be necessary to enable your petitioner to carry 
 on her defence in this suit, and to defray the necessary costs 
 and expenses thereof And for such other and further re- 
 lief in the premises as to this court may seem meet. 
 
 CD. 
 (Add jurat.) 
 
 [ No. 564. ] 
 
 Order allowing alimony and expenses. 
 
 At, &c. 
 (Title of action.) 
 
 On reading and filing the petition of the defendant, duly 
 verified, and on motion of E. F., of counsel for said petitioner ; 
 and after hearing L. M., of counsel for the plaintiff", in opposi- 
 tion thereto, it is ordered, that the said defendant be allowed 
 the sum of ten dollars per week for her support and mainte- 
 nance, for and during each week until the final decision of this 
 action, and that she also be allowed the sum of five hundred 
 dollars, as and for her expenses in conducting her defence in 
 this action ; and it is further ordered, that the said plaintiff 
 pay the said defendant, said five hundred dollars immediately 
 upon the service of this order, and that he also pay the said 
 defendant ten dollars each and every week, during the con- 
 tinuance of, and until the final decision in this action. 
 
 [ No. 565. ] 
 
 Witness — proof execution ofhond, or other instrument, hy a sui- 
 
 scribing. 
 
 State of New York, City and County of Albany, ss : On this 
 25th day of March, 1858, before me came the above (or with- 
 
PRACTICAL FORMS. 351 
 
 in) named A. B., the subscribing witness within named, to me 
 known, who being by me sworn, did say that he resides in the 
 city of Albany, and knows the within named B. D., knows 
 him to be the person described in, and who executed the with- 
 in instrument, that he was present and saw B. D. sign, seal 
 and execute the same, and that thereupon he became the sub- 
 scribing witness thereto. 
 
 S. M., Commissioner of Deeds. 
 
 [ No. 566. ] 
 
 Proof of execution of a bond by a corporation. 
 
 City and County of New York, ss : On this 25th day of 
 March, 1858, before me came the above-named A. B., to me 
 known, who being by me duly sworn, did say that he resides 
 in the city of Albany ; that he is the president (or cashier) of 
 the within named corporation ; that the seal af&xed to the 
 within instrument is the corporate seal of the said corporation, 
 and that it was affixed to said instrument by the direction 
 of the board of directors of said corporation ; and that said 
 A. B. signed the said instrument by the direction of said board 
 of directors. 
 
 S. M., Com. of Deeds. 
 
 [ No. 567. ] 
 
 Petition to continue action against representatives of deceased 
 defendants. 
 
 (Title of action.) 
 To the Supreme Court of the State of New York: 
 The petition of A. B., the above-named plaintiff, shows, that 
 this action was commenced to recover the sum of five hundred 
 dollars, and interest, upon the promissory note of the de- 
 fendant, and that an issue of fact was joined therein July 6, 
 1857. Your petitioner further shows, that, as he has been 
 
352 PRACTICAL FORMS. 
 
 informed and believes, the said defendant departed this life 
 on or about the sixth of August, 1857, intestate ; and that on 
 or about the 8th of November, 1857, C. D., of the town of 
 Bethlehem, in said county, was duly appointed by the surro- 
 gate of said county of Albany the administrator of all and 
 singular the goods, chattels and credits of the said A. B. 
 Your petitioner, therefore, prays, that the said action may be 
 continued against the said C. D,, administrator, as aforesaid. 
 
 C. F. 
 (Add jurat.) 
 
 [ No. 568. j 
 Receiver's bond under chapter 2, title 9, of Code of Procedure. 
 
 Know all men by these presents, that we, A. B., C. D. and 
 B. F. are held and firmly bound unto the clerk of Albany 
 county in the sum of one thousand dollars, to be paid to the 
 said clerk, his successors and assigns, 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 eighth day of 
 January, one thousand eight hundred and fifty-eight. 
 
 Whereas, by an order made by L. M., county judge of Al- 
 bany county, on the sixth day of January, 1858, the above 
 bounden A. B. was appointed receiver of all the debts, prop- 
 erty, equitable interests and things in action, of B. H., a judg- 
 ment debtor, pursuant to the provisions of chapter II, title 
 IX, of the Code of Procedure ; now, therefore, the condition 
 of the above obligation is such, that if the said A. B. shall 
 faithfully discharge the duties of his trust as such receiver, 
 then this obligation shall be void, otherwise to be in full force 
 and effect. 
 
 Sealed and delivered in the presence of. 
 
PRACTICAL FORMS. 353 
 
 [ No. 569. ] 
 Assignment to receiver under chapter two, title nine of the Code. 
 
 This indenture, made this sixth day of March, in the year 
 one thousand eight hundred and fifty-eight, between B. H., of 
 the first part, and A. B. of the city of New York, in the 
 county of New York, and state of New York, a receiver ap- 
 pointed by the order of L. M., Justice of the Supreme Court, 
 of the second part: Whereas, in and by an order made by 
 L. M., in a certain proceeding supplementary to an execution 
 under chapter II, of title IX, of the Code of Procedure, pend- 
 ing before said L. M., upon a judgment in the Supreme Court, 
 in favor of S. B., plaintiff, against B. H., defendant, which or- 
 der bears date the sixth day of March, in the year one thou- 
 sand eight hundred and fifty-eight, it was ordered that A. B. 
 of New York, be appointed receiver of all the debts, prop- 
 erty, equitable interests, and things in action, of the said party 
 of the first part, at the time of service of the order made by 
 said L. M., in said proceeding, on the sixth day of March, 
 one thousand eight hundred and fifty-eight, which order was 
 duly served on said party of the first part on the sixth day of 
 March, one thousand eight hundred and fifty-eight. And 
 that the said party of the first part, assign, transfer, and de- 
 liver over to such receiver all the property, real and personal, 
 and all equitable interests, things in action, and other effects 
 which belonged to or were held in trust for said party of the 
 first part, or in which he had any beneficial interest at the 
 time of service of said last -mentioned order as aforesaid, ex- 
 cept such articles of personal property as are exempted by 
 law from sale on execution, to be applied to the payment of 
 said judgment and the costs of said proceeding. 
 
 And whereas the said party of the second part has given 
 and filed the requisite security, pursuant to the provisions of 
 the said order : Now this indenture witnesseth, that the said 
 party of the first part, in obedience to the said order, and in 
 consideration of the premises aforesaid, and of one dollar to 
 him in hand paid by the said party of the second part, at or 
 before tbe ensealing and delivery of these presents, the re- 
 
 23 
 
854 PRACTICAL POEMS. 
 
 ceipt whereof is hereby acknowledged, has granted, bargained, 
 sold, conveyed, assigned, transferred and delivered over to 
 the said party of the second part, all and every the estate real 
 and personal, chattels real, moneys, outstanding debts, things 
 in action, equitable interests, property and effects whatsoever 
 and wheresoever, of or belonging, or due to, or held in trust 
 for, the said party of the first part, or in which he had any 
 right, title or interest, at the time of service of said last-men- 
 tioned order above referred to ; to wit, on the sixth day of 
 March, in the year one thousand eight hundred and fifty- 
 eight, except such articles of personal property as are exempt 
 by law from sale on execution ; and more especially this in- 
 strument is intended to grant and convey all the property, 
 equitable interests, th ings in action, and effects described or 
 enumerated in the schedule hereto annexed; and also all 
 deeds, writings, leases, muniments of title, books of account, 
 papers, vouchers, and other evidences relating or appertain- 
 ing to the property, equitable interests, things in action, and 
 effects hereby granted and conveyed, or intended so to be ; 
 To have and to hold the same unto him, the said party of the 
 second part, as such receiver as aforesaid, and to his succes- 
 sors and assigns ; subject to the present and future order, di- 
 rection and control of the said L. M. 
 
 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 the presence of 
 
 [ No. 570. ] 
 
 Report of sale in mortgage foreclosure. 
 
 (Title of action.) 
 
 To the Supreme Court of the State of New York : 
 In pursuance and in virtue of a judgment of this coiirt, 
 made in the above action, by the Supreme Court, and bearing 
 date the ninth day of October, in the year one thousand eight 
 
PBACTIOAl FORMS. 355 
 
 hundred and fifty-seven, by wMcla it was, among other things, 
 ordered and adjudged, that all and singular the mortgaged 
 premises mentioned in the complaint in this cause, and here- 
 after described, or so much thereof as might be sufficient to 
 raise the amount reported due to the plaintiff as therein men- 
 tioned for principal and interest, and the costs in this case, and 
 which might be sold separately without material injury to the 
 parties interested, be sold at public auction, by or under the 
 direction of A. B., referee appointed for that purpose ; that the 
 said sale be made in the county where the said mortgaged 
 premises, or the greater part thereof, are situated ; that the 
 referee give public notice of the time and place of such sale, 
 according to the course and practice of this court, and that 
 the plaintiff or any of the parties of this cause, might become 
 the purchaser ; that the referee execute a deed to the pur- 
 chaser of the mortgaged premises on the said sale ; and that 
 the said referee pay to the said plaintiff or his attorney out of 
 the proceeds of the said sale, his costs in this suit to be taxed 
 and also the amount so reported due as aforesaid, together 
 with legal interest thereon from the date of said report, or so 
 much thereof as the purchase money of the mortgaged prem- 
 ises would pay of the same, and that the referee take receipts 
 for the amounts so paid, and file the same with his report ; 
 and that he retain the surplus moneys arising from the said 
 sale, if any there should be, in his hands, to abide the further 
 order of the court. And whereby it was further ordered and 
 adjudged, that if the moneys arising from the said sale, should 
 be insufficient to pay the amount so reported due to the plain- 
 tiff with the interest and costs as aforesaid, that the said ref- 
 eree specify the amount of such deficiency in his report of the 
 sale ; I, the subscriber, referee, residing in the city of Albany, 
 do respectfully certify and report, that having been charged 
 by the attorney for the" plaintiff with the execution of said 
 judgment, I advertised said premises to be sold by me at pub- 
 lic auction, at the rotunda of the Merchants' Exchange, Al- 
 bany, on the fifth day of January, in the year one thousand 
 eight hundred and fifty-eight ; that previous to said sale, I 
 caused notice thereof to be publicly advertised, for six weeks 
 successively, as follows, viz: by causing a printed notice 
 
356 PRACTICAL FORMS. 
 
 thereof to be fastened up in three public places in the ward 
 where such premises were to be sold, and three notices fastened 
 up in the town in which the said mortgaged premises are sit- 
 uated, and by causing a copy of such notice to be printed once 
 in each week during the six weeks immediately preceding 
 said sale, in a public newspaper printed in the said county of 
 Albany, which notices contained a brief description of the 
 said mortgaged premises. 
 
 And I do further report, that on the said fifth day of Jan- 
 uary, in the year one thousand eight hundred and fifty -eight, 
 the day on which the said premises were so advertised to be 
 sold as aforesaid, I attended at the time and place fixed for 
 said sale, and exposed said premises for sale, at public auction, 
 to the highest bidder, and the said premises were then and 
 there fairly struck off to C. D. for one thousand dollars, he 
 being the highest bidder therefor, and that being the highest 
 sum bidden for the same. 
 
 And I do further certify and report, that I have executed, 
 acknowledged and delivered to said purchaser the usual ref- 
 eree's deed for said premises, and have paid over or disposed 
 of the purchase moneys, or proceeds of said sale, as follows, 
 viz : I have paid to the attorney for the plaintiff the sum of 
 one hundred dollars, that being the amount of his costs of this 
 suit, with the interest, as taxed, and have taken a receipt there- 
 for, which is hereto annexed. 
 
 I have also retained in my hands the sum of twenty -five 
 dollars, that being the amount of my fees and disbursements 
 on said sale. And I have paid to the attorney for the plata- 
 tiff the sum of eight hundred and seventy-five dollars, and have 
 taken a receipt therefor. 
 
 And I do further certify and report, that the premises so 
 sold and conveyed, as aforesaid, were described in said judg- 
 ment, and in the deed so executed by me aforesaid, as follows, 
 viz : (describe premises.) 
 
 All of which is respectfully reported to this court. 
 
 Dated January 20, 1858. 
 
 A. B., Eeferee. 
 
PRACTICAL FORMS. 357 
 
 Receipt of attorney for his costs. 
 
 (Title of action.) 
 
 Eeceived Jan. 10, 1858, from A. B., who made the sale of 
 the premises under and by virtue of the judgment in the 
 above entitled action, the sum of one hundred dollars, being 
 the amount of my costs in said action as taxed, with the in- 
 terest as taxed ; which costs are paid me by said referee, un- 
 der and by virtue of the provisions of said judgment. 
 
 M. M., Plaintiff's Attorney. 
 
 Receipt for plaintiff'' s recovery. 
 
 (Title of action.) 
 
 Eeceived of A. B., who made the sale of the premises, un- 
 der and by virtue of the judgment in the above entitled action, 
 the sum of eight hundred and seventy-five dollars, which sum, 
 being part of the proceeds of the said sale of said premises, 
 is received by me, under and by virtue of the provisions of 
 said judgment, being (a part of) the amount adjudged to be 
 paid to said plaintiff, with interest thereon, as mentioned in 
 said judgment. Jan. 10, 1858. 
 
 M. M., Plaintiff's Attorney. 
 
 .:'■% [ No. 571. 1 
 
 Petition for the appointment of a general guardian. 
 
 To the Supreme Court of the State of New York : 
 The petition of M. M., of the town of Bethlehem, county 
 of Albany, state of New York, an infant over the age of 
 fourteen years, respectfully shows : That your petitioner is 
 the daughter of C. B. M., late of said town, deceased, and is 
 of the age of about sixteen years. That as one of the devisees 
 of her said father, now deceased, your petitioner is seized 
 of and entitled to an estate in fee in the following described 
 lands, viz : (describe the premises, and in addition set forth 
 all the real and personal property of the petitioner, and its 
 probable value.) 
 
S58 PRACTICAL FORMS. 
 
 And your petitioner further shows, that to her knowledge 
 or belief she has not any other property, real or personal, nor 
 any right or interest in any other property than that above 
 specified. That on account of her tender age, and of her own 
 inability to protect her rights and interest, she is desirous of 
 having some suitable and proper person appointed by this 
 court to take charge thereof. 
 
 Your petitioner therefore prays that N. B., a farmer resid- 
 ing in said town, who is her cousin, may be appointed the 
 general guardian of her person and estate, upon his giving 
 security for the faithful performance of his trust as such guar- 
 dian, according to the statute, and in accordance with the 
 rules and practice of this court. 
 
 December 10, 1857. 
 
 M. M. 
 
 (Add jurat.) 
 
 Consent of guardian. 
 
 I hereby consent to be appointed the general guardian of 
 the foregoing petitioner, and offer as my sureties G. Gr. and 
 H. H., both farmers of said town of Bethlehem. 
 
 December 10, 1857. 
 
 K B. 
 
 Affidavit annexed to petition. 
 
 Albany City and County, ss : S. C. being sworn, says, he 
 has read the foregoing petition, and is well acquainted with 
 M. M., the said petitioner, and is well acquainted with the 
 amount and situation of her property, and that the value of 
 the same is correctly stated in said petition, as near as this de- 
 ponent can estimate the same, and that the annual income 
 thereof is about five hundred dollars. And that he, this depo- 
 nent, has no interest in said property, or any part thereof, (nor 
 has he any interest therein adverse to said infant.) 
 
 S. C. 
 
 Sworn, &c. 
 
PRAOTIOAL FORMS. 359 
 
 [ No. 572. ] 
 
 Order appointing general guardian. 
 
 At, &c. ■ Present, lEA HAEEIS, Justice. 
 
 In the matter of tlie application ) 
 
 of M. M., for tlie appointment >■ 
 
 of a general guardian. ) 
 
 On reading and filing tlie petition of M. M., an infant over 
 the age of fourteen years, praying for the appointment of N. 
 B., as the general guardian of her person and estate, upon 
 his giving the requisite security, together with the consent of 
 the said N. B., to be appointed such guardian, and the pro- 
 posal by him of G. G. and BL H., of the town of Bethlehem, 
 as his sureties 5 and on reading and filing the affidavit of S. 
 C, as to the value of the property of the said infant, and on 
 motion of L. L. B., of counsel for said infant : Ordered, that 
 that the said N. B. be, and he hereby is, appointed the general 
 guardian of the person and estate of said infant, upon his ex- 
 ecuting a bond to the said infant, with the said G. G-. and H. 
 H. as his sureties, in the penal sum of twenty thousand dol- 
 lars, conditioned that the said N". B. shall faithfully perform 
 his trust as such guardian, and file an inventory of the estate 
 of said infant within six months after his appointment, and 
 render an annual inventory or account of his guardianship, 
 required to be rendered by the rules and practice of this 
 court : that he shall observe and obey all general rules of this 
 court respecting general guardians, and such orders as shall 
 be made by this court from time to time in relation to such 
 trust ; and that he shall render a just and true account of all 
 moneys and property of the said infant, which shall come to 
 his hands as such general guardian, and of the application 
 thereof, and of his guardianship generally, before any coilrt 
 having jurisdiction, whenever it shall be thereunto lawfully 
 required. And it is further ordered, that the execution of 
 such bond be acknowledged or proven, and approved of as to 
 its form and manner of execution by one of the justices of this 
 court, to be signified by his approval indorsed thereon, and 
 filed in the office of the clerk of said county. 
 
S60 PRACTICAL FORMS. 
 
 [ No. 573. ] 
 
 Bond of general guardian. 
 
 Know all men by these presents, that we, IST. B., G. G. and 
 H. H.,- farmers of the town of Bethlehem, of the county of Al- 
 bany, are held and firmly bound unto M. M., in the sum of 
 twenty thousand dollars, to be paid the said M. M., her heirs, 
 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 severally, 
 firmly by these presents. Sealed with our seals and dated 
 this January tenth, one thousand eight hundred and fifty- 
 eight. 
 
 Whereas, by an order of the Supreme Court of the state of 
 New York, made on the ninth day of January, 1858, the 
 above bounden N. B. was appointed the general guardian of 
 the person and estate of the above-named M. M., an infant 
 under the age of twenty-one years, upon his executing a bond 
 to the said M. M. with the said G. G. and H. H. as his 
 sureties, in. the penalty and upon the condition therein men- 
 tioned. Now, therefore, the condition of this obligation is 
 such that if the above bounden N. B. shall faithfully perform 
 his trust as such guardian, and shall file an inventory of the 
 estate of the said infant within six months after his appoint- 
 ment, and render the annual inventory or account of his 
 guardianship required to be rendered and filed by the statute 
 and the rules and practice of said court, and shall observe 
 and obey all the general rules of said court respecting general 
 guardians, and such orders as may be made from time to time 
 by the said court in relation to such trust ; and if he shall 
 render a just and true account of all moneys and property of 
 the said infant which shall come to his hands as such general 
 guardian, and of the application thereof and of his guardian- 
 ship generally, before any court having jurisdiction, whenever 
 he shall be lawfully required, then this obligation to be void ; 
 otherwise to be and remain in full force and virtue. 
 
 N. B. [L. S.J 
 G. G. [L. s.] 
 H.H. [L.sJ 
 
PRACTICAL FORMS. 361 
 
 (Add acknowledgment of.all, and the justification of the 
 sureties.) 
 
 Approval of bond by one of the justices of the Supreme Court. 
 
 I approve of the within bond, as to its form and manner of 
 execution. 
 January 10, 1858. 
 
 IRA HAREIS. 
 
 [ No. 574. ] 
 Inventory of the estate of M. M., an infant. 
 
 Supreme Court. 
 In the matter of \ 
 M. M., an infant. 
 
 A just and true inventory of the real and personal estate 
 and effects of the above-named infant on December 31, 1856 : 
 
 Cash on hand, $300 00 
 
 100 acres of land in Bethlehem at $100 per acre, 10,000 00 
 10 shares of IST. Y. Central Railroad stock of $100 
 
 each par value, but worth 90 per cent., . . 900 00 
 
 10 shares of city bank stock, $100 each par value, 
 
 worth 120 per cent., 1,200 00 
 
 Bond and mortgage of L. S., principal and interest 
 
 from this date, 600 00 
 
 $13,000 00 
 ISr. B., Guardian. 
 
 Oath to inventory. 
 
 City and County of Albanj^, ss : IST. B. of the town of 
 Bethlehem, being duly sworn says, that he is the general 
 guardian of the above-named M. M., an infant ; that the fore- 
 going inventory is in all respects just and true ; that it con- 
 tains a true statement of all the real and personal property of 
 the said infant which has come to the knowledge of this de- 
 
362 
 
 PRACTICAL FORMa. 
 
 ponent ; and particularly of all, money, bank bills and other 
 circulating medium, belonging to the said infant, and of all 
 just claims of the said infant against this deponent, or against 
 any other person, according to the knowledge of this de- 
 ponent. 
 
 N. B. 
 Sworn, &c. 
 
 [ No. 575. ] 
 
 Account current of general guardian. 
 
 The estate of M. M., an infant. 
 
 To N". B., guardian, 
 1857, May 1, To cash paid J. S. for board, . 
 
 15, L. S., physician's bill, 
 
 Sept. 1, J. S., for board, . 
 
 Oct. 3, L. C, dress maker, 
 
 9, C. L., milliner, . 
 
 Dec. 81, J. S. , for board, . 
 
 S. S., school bUl, 
 
 Sundry small bills as per vouchers. 
 
 Money loaned to J. M. on bond 
 
 and mortgage, .... 
 
 Commission and legal expenses as 
 
 per bills, 
 
 Balance on hand. 
 
 Contra. 
 
 1857, Dec. 31, By cash on hand, 
 
 1858, Apr. 21, rent on the farm, 
 June 10, div'ds on N. Y. C. RR. stock, 
 
 18, city bank stock, 
 Sept. 10, N. Y. C. RR. stock, 
 
 19, city bank stock, 
 31, int. on L. S. bond and mortgage, 
 
 1, Dr. 
 
 . $52 00 
 
 27 00 
 
 52 00 
 
 58 00 
 
 15 00 
 
 . 104 00 
 
 40 00 
 
 15 00 
 
 800 00 
 
 53 
 
 00 
 
 84 00 
 
 ^,300 00 
 
 .$300 
 
 00 
 
 800 00 
 
 36 
 
 00 
 
 48 00 
 
 36 00 
 
 48 
 
 00 
 
 , 42 
 
 00 
 
 $1,300 00 
 
PRACTICAL FORMS. ' 363 
 
 Affidavit annexed. 
 
 City and County of Albany, ss: IST. B., the guardian of 
 the above-named M. M., being duly sworn says, that the 
 foregoing is a just and true account of all the receipts and dis- 
 bursements on account of the said estate. (Since this depon- 
 ent his last account current in this matter to this court,) 
 
 KB. 
 
 Sworn, &c. 
 
 PROCEEDINGS FOR PARTITION ON" THE APPLI- 
 CATION" OP INFANTS— UNDER SESSION LA"WS 
 OF 1852, CHAP. 277. 
 
 '[ No. 576. ] 
 
 Petition for the appointment of next friend, and for partition of 
 infants^ estate. 
 
 state of new tore. 
 In Supeeme Court. — / 
 
 County of Albany, f 
 
 The petition of R. C. and P. W., respectfully show to this 
 court, as follows : The said R. C. shows that he resides in 
 the city of Albany, in said county ; that on the 7th day of Oc- 
 tober, 1851, he was duly appointed by the surrogate of Albany 
 county, (or by this court,) and now is a general guardian of 
 P. W., now aged fifteen years, J. "W"., aged twelve years, 
 H. "W., aged ten years, infants, children and heirs at law of 
 A. W., late of Albany, deceased, all of whom then, and still 
 reside in said city. And said P. "W. shows that he is an in- 
 fant, over the age of fourteen years, to wit : of the age of fif- 
 teen years ; that he resides in the city of Albany, is a son and 
 heir at law of said A. W., deceased. 
 
 Your petitioners, the said R. C, as guardian as aforesaid, 
 and said P. W. for himself, further show, that said infants are 
 not, nor is either of them the owner of, or entitled to any per- 
 sonal estate, except in about five hundred dollars, proceeds of 
 sale of property in one of the administrators' hands, as appears 
 
364 PRACTICAL FORMS. 
 
 by his final accounting witli the surrogate, of which said sum 
 each of said infants is entitled to one twelfth part ; that each 
 has a vested interest or remainder of one eighth part of three 
 thousand dollars, money set apart and ordered invested by 
 the surrogate of Albany county, and the interest thereof paid 
 over to L. W., mother of said infants, during her life, for 
 dower in certain real estate of A. W., said infants' father ; 
 which said real estate was sold by the administrator under an 
 order of the Surrogate's Court for debts ; said widow is still 
 living, and about fifty years of age. 
 
 These petitioners, said E. C. as guardian as aforesaid, and 
 said P. W. for himself, show, that said infants have not, and 
 are not entitled to any other real estate than such as is here- 
 inafter mentioned : the whole value of all said infants' interest 
 therein cannot, according to information and belief, exceed 
 the sum of six thousand dollars. 
 
 And your petitioners further show, that said infants are 
 each possessed of and entitled to an undivided eighth part as 
 tenants in common with B. W., C. W., M. wife of E. S., 
 S. wife of C. J., and H. W., children of said A. W., and half 
 brothers and half sisters of these infants, each of whom is 
 also entitled to the same interest as each of these infants, 
 subject to the said mother's dower right, in and to all and 
 singular the lots, pieces and parcels of land hereinafter de- 
 scribed. 
 
 The net annual income of the whole of said lots and parcels 
 of land being about eight hundred dollars, as your petitioners 
 are informed and believe, and that each of said infants' share 
 of the annual income is one twelfth part thereof 
 
 And your petitioners further show, that said widow resides 
 in Albany, and is willing and desires, as they are informed 
 and believe, to have her dower assigned or the property sold, 
 whichever the court shall deem most for the interest of pax- 
 ties concerned. All of said parties, tenants in common with 
 these infants, who reside in this state, are of full age. 
 
 And your petitioners further show, that said B. W. as- 
 sumes to control, manage and collect the rents of all said 
 property, except one house and lot, which is not satisfactory 
 to your petitioners, nor as your petitioners believe for the in- 
 
PRACTICAL FORMS. 865 
 
 terest of said infants ; and as most unhappy differences exist 
 between said B. W. and some of tlie parties in interest, wliicli 
 is also to tlie prejudice of tlie rights of said infants as the prop- 
 erty now is. 
 
 And your petitioners further show, that each of the follow- 
 ing described lots is improved by having thereon wooden 
 dwellings and structures, all placed on wood or posts, and 
 must soon be subject to expensive repairs, which cannot be 
 conducted in behalf of said infants to advantage, or with 
 economy, and that the interest of said infants requires a par- 
 tition or sale thereof ; and said property is so situated that 
 actual partition cannot be made without great prejudice to 
 the owners, and therefore their interests require a sale thereof. 
 
 Your petitioners therefore pray this court to authorize pro- 
 ceedings to be instituted, by action or otherwise, on behalf of 
 said infants, for a division and partition of said real estate, 
 and for a sale thereof, if it shall appear that such partition 
 cannot be made without great prejudice to the owners, and 
 pray the appointment of a competent nest friend to conduct 
 the proceedings on the part of said infants, apd propose as 
 such next friend H. E., of Albany, who has no interest adverse 
 to said infants, an uncle of said infants by marriage, . and E. 
 W. and R. Q., of Albany, as his security. 
 
 The said property, of which partition is sought, is bounded 
 and described as follows, viz : (here set forth the property.) 
 
 R. C. 
 P.W. 
 Signed in presence of ) 
 A. G. f 
 
 Albany City and County, ss : E. C, one of the above pe- 
 titioners, being sworn, says, he has read the foregoing petition, 
 and knows the contents thereof, that the same is true of his 
 own. knowledge, except as to the matters which are therein 
 stated on his information and belief, and as to those matters, 
 
 he believes it to be true. 
 
 E. C. 
 
 Sworn, &c. 
 
 Albany City and County, ss : On this 5th day of June, 
 
366 PRACTICAL FORMS. 
 
 1852, before me personally came the above-named A. Gr., to 
 me personally known to be tlie witness above named, wlio 
 being by me sworn, did say, that he resides in said city, and 
 that on the third instant he saw said P. W., to him personally 
 known to be the person described in the foregoing petition, 
 sign the same. 
 
 N, B., Commissioner of Deeds. 
 
 [ No. 577. J 
 
 Consent of next friend. 
 
 I hereby consent to become next friend of said infants, and 
 to appear for them in the before mentioned proceedings. 
 Albany, June 3, 1852. 
 
 H. R. 
 
 Albany City and County, ss : On this third day of June, 
 1852, before me appeared said H. R., to me personally 
 known, and acknowledged the execution of the foregoing 
 
 consent. 
 
 IST. B., Commissioner of Deeds. 
 
 [ No. 578. ] 
 Order appointing next friend, and for leave to institute proceedings. 
 
 At a special term of the Supreme Court, held for the state 
 of New York, at the City Hall, in the city of Albany, on the 
 6th day of June, 1852, 
 
 Present, Hon. IRA HARRIS, Justice. 
 In the matter of the application of P. ' 
 
 W., J. W. and H. W., infants, for 
 
 leave to institute proceedings for 
 
 partition, and for appointment of 
 
 next friend. 
 
 On reading and filing the petition of P. W. and R. C, 
 
PBACTICAIi FORMS 367 
 
 general guardians of said infants, and on motion of 0. B., of 
 counsel, ordered, that proceedings may be instituted on behalf 
 of said infants P. W., J. W. and H. W., for a division and 
 partition of the real estate in said petition described, and for 
 a sale thereof, if it shall appear that such partition cannot be 
 made without great prejudice to the owners. And it is fur- 
 ther ordered, that H. E. be, and he is hereby appointed next 
 friend of said infants, to appear and conduct the proceedings, 
 upon his giving the requisite security in the sum of two 
 thousand dollars, to be approved by one of the justices of this 
 court. 
 
 [ No. 579. ] 
 
 * 
 
 Bond of next friend of infants in partition. 
 
 Know all men by these presents, that we, H. E., E. W. 
 and E. Q., all merchants of the city of Albaby, are held and 
 firmly bound unto the people of the state of ISTew York in 
 the penal sum of two thousand dollars, for which payment 
 well and truly to be made, we bind ourselves and each of 
 our heirs, executors and administrators, jointljr and severally, 
 firmly by these presents. Sealed with our seals and dated 
 this 6th day of June, 1852. 
 
 Whereas, by an order of the Supreme Court made on the 
 sixth day of June, 1852, at Albany, said H. E., upon giving 
 the requisite security, was appointed next friend of P. W., 
 J. W. and H. W., infants, all of the city of Albany, to con- 
 duct proceedings on the part of said infants, to be instituted 
 on their behalf for a division and partition of the real estate 
 mentioned in the petition upon which said order was founded, 
 or for sale thereof, if it should appear that such partition can- 
 not be made without great prejudice to the owners. 
 
 Now, therefore, the conditions of this obligation is such, 
 that if the said H. E. shall faithfully discharge the duties of 
 his trust as such next friend, and render a just and true ac- 
 
368 PRACTICAL FORMS. 
 
 count thereof, when lawfully required, then this obligation to 
 be void, otherwise to remain in full force and virtue. 
 
 H. E. [L. S.J 
 E. W. [L. s.] 
 R Q. [L. s.] 
 (Add acknowledgment and justification of sureties.) 
 
 [ No. 580. J 
 
 Approval indorsed. 
 
 I approve of the within bond as to the form and manner of 
 execution, and as to the sufficiency of the sureties. 
 Jline 7, 1852. 
 
 lEA HAEKIS. 
 
 [ No. 581. ] 
 
 Complaint of infants in partition. 
 
 StrPBEME Court — County of Albany : 
 
 P. W., J. W., and H. W., by H. E., " 
 
 their next friend, 
 
 agt. 
 
 M. W., widow of A. W., deceased, 
 
 a W., B. W. and D. his wife, B. S. 
 
 and M. his wife, C. J. and S. his 
 
 wife, H. W., B. P., H. C. and B. M. 
 These plaintiffs, by H. E., their next friend, duly ap- 
 pointed by order of the court, for that purpose first had and 
 obtained in pursuance of the statute, complain and state, that 
 on or about the eighth day of October, one thousand eight 
 hundred and forty-eight, A. W., a citizen and resident of 
 the city of Albany, died intestate, seized in fee simple abso- 
 lute of all the real estate hereinafter described, of which 
 partition or sale is hereby sought. That letters of adminis- 
 tration upon said intestate's estate, as they are informed and 
 
PRACTICAL FORMS. 369 
 
 believe, issued on or about the 14t'h day of November, 1848, 
 by tbe surrogate of Albany county, to said defendants M. 
 W. and B. W.-, who took upon themselves the duties thereof, 
 and have rendered their final accounts ; the said M. not hav- 
 ing received any money as executrix, and said B. showing a 
 balance on Land, after paying expenses, &c., of about five 
 hundred dollars. 
 
 The plaintiffs further show, that they are children and 
 heirs at law of said A. TV., deceased, are all infants under 
 the age of twenty-one years, to wit: said P. W. of the age of 
 fifteen years and ten months, said J. W., of the age of twelve 
 years, and said H. W. of the age of ten years, all of whom 
 reside in the city of Albany, and said E. C. is their general 
 guardian appointed by the surrogate of the county of Albany. 
 
 And these plaintiffs further state, that they are not nor is 
 either of them to their knowledge or belief, the owner of or 
 entitled to any personal estate except in about $500, pro- 
 ceeds of sale of property of said intestate, and now in the 
 hands of said administrator B. W., of which said sum each 
 of these infants is entitled to one twelfth part thereof; that 
 each has a vested interest or remainder in one eighth part 
 of $3,000, money which was set apart by the surrogate of 
 Albany county, the interest thereof to be paid over to said 
 M. W., widow of said A. W., deceased, and mother of these 
 plaintiffs, during her life, for dower in certain real estate of 
 said A. W., deceased, said infants' father ; which said real 
 estate was sold by the administrators, under an order of the 
 Surrogate's Court, for the payment of debts ; said widow is 
 still living and about fifty years of age ; said B. H., C. M. 
 and S., children and heirs at law of A. W., are each in like 
 manner entitled to one eighth part of said $8,000. 
 
 These plaintiffs farther say, according to their best knowl- 
 edge, information and belief, that neither they or either of 
 them, have or is entitled to any other real estate than such as 
 is hereinafter mentioned ; that the whole value of said infants' 
 interest therein cannot exceed the sum of $6,000 or $6,500 ; 
 and that each of these infants is entitled to an undivided 
 eighth part, as tenants in common with B. W., H. W., C. W., 
 M. W. wife of E. S., and S. W. wife of C. J., children and 
 
 24 
 
370 PRACTICAL FORMS. 
 
 lieirs at law of said A. W., and half brothers and half sisters 
 of these plaintiffs, each of whom is also entitled to the same 
 interest therein, (the married women subject to the husbands' 
 rights,) as each of these plaintiffs ; all subject to M. W.'s dow- 
 er right therein, as widow of said A. W. ; said B. "W. is mar- 
 ried to D. H. The net annual income of said real estate does 
 not exceed about $800, as plaintiffs are informed and believe, 
 and that each of said infants' share of said income is one twelfth 
 part thereof. 
 
 These plaintiffs further state, that they have been u.nable to 
 procure the consent of either of the above-named tenants in 
 common, who are defendants, to be made plaintiffs in this ac- 
 tion. 
 
 And these plaintiffs further state, that it will be difB.cult and 
 impracticable to make a fair and equitable partition and divi- 
 sion of the said lands and premises among the several owners, 
 without prejudice .to the owners; the said lands and real es- 
 tate consisting of houses and lots, of which equal partition ac- 
 cording to the rights and interest of the several parties cannot 
 be made. 
 
 And these plaintiffs further state, that a sale of the said 
 lands and real estate, and a distribution of the proceeds there- 
 of among the said parties, plaintiffs and defendants, according 
 to their respective rights and interests therein, will be most 
 beueficial to the interests of all the parties interested therein, 
 for the following among other reasons, to wit : each of said 
 lots of which partition or sale is hereby sought, has thereon a 
 wooden dwelling and structures, all placed on wood or posts, 
 and must soon be subject to expensive repairs, which cannot 
 be conducted in behalf of infants to advantage or with econo- 
 my. These plaintiffs therefore pray for a sale of said lands 
 and real estate, under the direction of this court ; and a distri- 
 bution of the proceeds thereof, among the several persons 
 named in this complaint, according to their rights and interests 
 therein. But in case the court shall be of opinion that the in- 
 terests of these plaintiffs does not require a sale, then the}^ pray 
 that partition may be made according to the rights of the re- 
 spective parties ; and these plaintiffs further say, that said B. 
 W. controls and leases, and collects the rents of all said real 
 
PRACTICAL FORMS. 371 
 
 estate, except one liouse and lot, wliicli owing to an unhappy 
 state of feeling existing between him and some of the other 
 parties in interest, and as plaintiffs are informed and believe, 
 in consequence also of expensive and unnecessar_y repairs made 
 by said B. "W"., renders it for the interest of these plaintiffs and 
 proper that a receiver should be appointed to take charge of 
 said real estate and the rents and profits, during the pending 
 of this action, subject to the order of the court. 
 
 Said real estate of which partition or sale is sought by this 
 action, is described as follows : (here insert description of the 
 property.) 
 
 These plaintiffs further state, that B. P., H. 0. and B. M., 
 claim some interest in some portion of said premises as tenants 
 from year to year, but that none of them have any interest ex- 
 tending beyond the current year, ending May 1, 1853. 
 
 B. A., Plaintiff's Att'y, Albany. 
 
 Albany city, s^: H. E., being sworn, says he is the person 
 named in the foregoing complaint as the next friend of said 
 infant plaintiffs ; that he has heard said complaint read, and 
 knows the contents to be true, except as to the matters and 
 things therein stated on information and belief, and as to those 
 matters he believes it to be true. 
 
 H. E. 
 
 Sworn, &c. 
 
 PROCEEDmGS FOE SALE OF EEAL ESTATE OF 
 
 INFANTS. 
 
 [ No. 582. ] 
 Petition for order to sell real estate of infants. 
 STATE OP NEW TORE— | 
 
 In Supreme Court, j 
 
 The petition of A. B., of the county of Albany, an infant, 
 over the age of fourteen years, who has no general guardian ; 
 and of C. D., an infant under the age of fourteen years, who 
 has no general guardian, by E. F., his mother and next 
 friend, respectfully shows : 
 
372 PRACTICAL FORMS. 
 
 That your petitioner, A. B., is an infant of the age of 
 twenty years and upwards, and the said 0. D. is an infant of 
 the age .of ten years, and that the said infants are two of the 
 children and heirsat-law of E. P., late of the city of Albany, 
 deceased ; and that as such heirs at law they are each entitled 
 to an undivided third part, subject to the right of dower of 
 the said E. F., their mother, of a lot of land, situated in (here 
 describe the premises to be sold ;) that said lot is worth about 
 one thousand dollars, as they are informed and believe, but is 
 entirely unproductive, being wild and uncultivated, and unim- 
 proved. That the brother of your petitioners owns the re- 
 maining one-third of the said real estate above mentioned, 
 subject to the dower right aforesaid. 
 
 And your petitioners, the said infants, further show, that 
 they do not own any other real estate than that above de- 
 scribed, and that they have no personal estate of any kind, or 
 to any amount whatever, except their necessary wearing 
 apparel. 
 
 And your petitioner, the said E. F., the mother of the said 
 infants, further shows, that as the widow of the said E. P., 
 deceased, the father of the said infants, she is entitled to 
 dower in the said real estate mentioned, and that she has no 
 means of support for herself and her said infants, 'except what 
 she and they may acquire by their own industry ; and that it 
 is necessary the said premises, or some part thereof, should be 
 sold, and the proceeds, or some part thereof, be appHed 
 towards the necessary education and maintenance of the said 
 infants ; and your petitioner, the said E. F., hereby offers to 
 unite in the sale of the premises aforesaid, and to release her 
 right of dower therein, upon condition that one third part of 
 the purchase money be safely invested, and the annual interest 
 thereof be paid to her during her natural life ; or that a gross 
 sum be paid to her in lieu thereof, equal in value to her life 
 estate therein, to be ascertained upon the principle of life 
 annuities. 
 
 Your petitioners therefore pray, that the said real estate 
 may be sold by and under the direction of this court ; and 
 that E. "W., of the city of Albany, merchant, who is in no 
 way related to said infants, may be appointed their special 
 
PRACTICAL FORMS. 373 
 
 guardian, for the purpose of selling the interests of said in- 
 fants in the said real estate, and L. M. and N. P. are proposed 
 as sureties for the said E. W., as such special guardian, to 
 join with him in a bond in such penalty, and upon such con- 
 dition as shall be requisite. 
 
 A. B. 
 
 CD. 
 
 E. F. 
 (Add affidavit of petitioners, consent of guardian, and proof 
 of guardian's signature to such consent.) 
 
 [ No. 583. ] 
 Affidavit of disinterested person as to value of the estate. 
 
 Albany City and County, ss: R N., of Albany, being 
 sworn, says, he is well acquainted with the situation and 
 ■value of the property mentioned and described in the forego- 
 ing petition, and does not consider the said premises worth to 
 exceed in value the sum of one thousand dollars. 
 
 R N. 
 
 Sworn, &C. 
 
 [ No. 584. ] 
 
 Order appointing a special guardian on sale of infants estate. 
 
 At a special term, &c. 
 In the matter of the petition of A. B., \ 
 
 C. D. and E. F., for the sale of the I 
 
 Infant's estate. ) 
 
 On reading and filing the petition of A, B,, an infant over 
 the age of fourteen years, who has no general guardian, and 
 of C. D., an infant under the age of fourteen years, and who 
 has no general guardian, by C. D,, his mother and next friend 
 praying for the sale, under the direction of this court, of cer- 
 tain real estate described in the said petition as follows : (here 
 
874 PRACTICAL FORMS. 
 
 set out tKe description as in the petition,) and for tlie appoint- 
 ment of E. W. as special guardian for the purpose of con- 
 ducting the said sale ; and on receiving the consent of the 
 said B. W., of the city of Albany, consenting to be appointed 
 the special guardian of said infants, for the purpose mentioned 
 in the said petition : 
 
 It is therefore ordered, that said E. W. be and hereby is 
 appointed special guardian of said infants for the purpose of 
 such sale, upon his executing and filing with the clerk of the 
 county of Albany, the requisite security to each of said in- 
 fants, in the penal sum of five hundred dollars each, condi- 
 tioned for the faithful performance of the trust reposed in said 
 guardian, and for paying over and investing and accounting 
 for all moneys that shall be received by him, according to the 
 order of any court having authority to give directions in the 
 premises, and to observe the orders and directions of this 
 court in relation to the said trust ; such security, as to the 
 sureties and the form and sufiiciency thereof, to be approved 
 by one of the justices of this court. And it is further ordered, 
 that before executing any deed or conveyance of the said 
 premises, the said guardian report to this court the terms and 
 conditions of the agreement made by him for the sale of such 
 premises, "with leave to said guardian to move for such further 
 order in the premises as may be proper. 
 
 [ No. 585. ] 
 
 Bond of guardian on sale of infants estate. 
 
 Know all men by these presents that we E. W., L. M. and 
 N. P., all merchants of the city of Albany, are held and 
 firmly bound unto A. B., an infant under the age of twenty- 
 one years, in the just and full sum of five hundred dollars, 
 to be paid to the said A. B., his heirs, executors or assigns, 
 for which payment well and truly to be made, we bind our- 
 selves, our and each of our heirs, executors and administra- 
 tors jointly and severally, firmly by these presents. Sealed 
 with our seals and dated this fifth day of June, 1852. 
 
PRACTICAL FORMS. S75 
 
 Wliereas, tlie above bounden E. W., by an order of tlie 
 Supreme Court, beld before Hon. Ira Harris, justice, at a 
 special term of said court, held at the City Hall in the city of 
 Albany, on the 4th day of June, 1852, was appointed special 
 guardian of said A. B., for the sale of certain real estate of 
 said A. B., in the said order mentioned and described : 
 
 Now therefore, the condition of this obligation is such, that 
 if the above bounden E. W. shall faithfully perform the trust 
 reposed in him as such guardian, and for paying over, invest- 
 ing and accounting for all moneys that shall be received by 
 him, according to the order of any covirt having authority to 
 give directions in the premises, and observe the orders and 
 directions of the court in relation to said trust, then this ob- 
 ligation to be void, otherwise to remain in full force and 
 virtue. 
 
 E. W. [L. S.J 
 L. M. [L. s.] 
 K P. [L. s.] 
 
 (Add acknowledgment, justification of sureties, and approval 
 by a justice of the Supreme Court.) 
 
 [ No. 586. ] 
 
 I 
 
 Report of special guardian of agreement to sell. 
 
 Supreme Court. 
 
 In the matter of A. B., C. D. and E. ) 
 
 F., for the sale of certain real estate. \ 
 
 To the Justices of the Supreme Court : 
 
 In pursuance of an order of this court, made in the above 
 matter on the fourth day of June, 1852, authorizing and em- 
 powering me, as the special guardian of the infants therein 
 named, to contract for the sale and conveyance of all the right, 
 title and interest of the said infants in the real estate men- 
 tioned, and described in the petition of the said infants in this 
 matter, dated the first day of June, 1852, and to report upon 
 oath the terms and conditions of the agreement made by me 
 
376 PKACTIOAL FORMS. 
 
 with the purchaser or purchasers, before executing any deed 
 or conveyance of the said premises : 
 
 I, the said special guardian, do certify and report, that I 
 have entered into an agreement, subject to the approbation of 
 the court, with G. H.. of the town of Watervliet, for the sale 
 of all the right, title and interest of the said petitioners to the 
 said real estate, upon the following terms and conditions : the 
 said Gr. H. to pay therefor the sum of one thousand dollars in 
 cash, on the executing and delivery to him of the deeds of 
 the special guardian duly appointed for that purpose. 
 
 And I do further certify and report, that the said E. F., 
 widow as aforesaid, prefers a gross sum in satisfaction of her 
 dower right in the said premises; that the gross value of the 
 right of dower of the said E. F. in the said premises is $ , 
 
 and the costs of these proceedings amount to $25 ; after de- 
 ducting which sums from the amount of the purchase money, 
 as aforesaid, there will remain the sum of $ due to the 
 
 said infants collectively. 
 
 And I further report, that the above are the best terms 
 upon which I could sell the said premises. 
 
 All of which is respectfully submitted. 
 
 E. W. 
 
 Albany City and County, ss: E. W., the special guardian 
 named in the above report, being duly sworn, deposes and 
 says, that he has read the above report, by him subscribed, 
 and knows the contents thereof, and that the matters therein 
 stated are true. 
 
 E. "W. 
 
 Sworn, &c. 
 
 [ No. 587. ] 
 
 Order confirming sale. 
 
 At a special term, &c. 
 (Title.) 
 
 On reading and filing the report of E. W., the special 
 
 guardian of the above-named infants, made in pursuance of an 
 
PRACTICAL FORMS. 377 
 
 order of this court, dated the 4th day of June, 1852, stating, that 
 in pursuance of said order he had entered into an- agreement, 
 subject to the approval of this court, with G. H. for the sale 
 of all the right, title and interest of the said infants in and to 
 the real estate mentioned in said order, upon the terms and 
 conditions specified in the said report : 
 
 On motion of M. S., of counsel for said petitioners, it is or- 
 dered, that the said report, and the agreement therein men- 
 tioned, be and the same are hereby ratified and confirmed. 
 And it is further ordered, that the said special guardian do 
 execute, acknowledge, and deliver to the said Gr. H. a good 
 and sufficient conveyance of all the estate, right, title and in- 
 terest of the said infants in and to the premises aforesaid, 
 upon his complying with the terms and conditions upon which, 
 by the said agreement, the deed was to be delivered, and that 
 so much of the proceeds of said sale as shall be requisite, the 
 said special guardian do pay the sum of $ to E. P., for 
 
 her dower right in the shares of the said infants in the prem- 
 ises, and take her receipt in full discharge thereof; and that 
 he pay to the attorney for the petitioners the costs of these 
 proceedings, and that the residue thereof be invested on bond 
 and mortgage for the benefit of .the said infants ; and that the 
 said special guardian do make a return to the court in writing, 
 and upon oath, of the investment and disposition of such res- 
 idue of the proceeds as soon as may be. 
 
 [ No. 588. ] 
 Deed by special guardian. 
 
 This indenture made the first day of August, 1852, between 
 E. W., the special guardian of A. B. and C. D., infants, under 
 the age of twenty-one years, of the first part, and Gr. H., of the 
 second part, witnesseth : 
 
 "Whereas, a petition was heretofore presented to the justices 
 of the Supreme Court by the said A. B., who is an infant, over 
 the age of fourteen years, and having no general guardian, and 
 
378 PRACTICAL FORMS. 
 
 by E. ¥., the mother and next friend of tlie said C. D., who is 
 an infant under the age of fourteen years, and having no gen- 
 eral guardian, on his behalf, praying for a sale of the right, 
 title and interest of the said infants in the real estate therein 
 mentioned; and whereas, such proceedings were afterwards 
 had in the said court upon the said petition, that by an order 
 of said court made on the fourth day of June, 1852, the said 
 E. W., was aiDpointed the special guardian of the said infanta 
 for the purposes of the said application, upon his giving the 
 security therein required ; and whereas, such security duly ap- 
 proved and acknowledged, was subsequently filed by the said 
 guardian in the proper of6.ce ; and whereas, by the said order 
 the said E. W., upon filing the said security, was authorised 
 and empowered to contract for the sale and conveyance of the 
 right, title and interest of the said infants in such real estate, 
 subject to the ratification of this court. And whereas, the 
 said special guardian afterwards made his report, dated the 
 fifth day of July, 1852, to the said court, stating that he had 
 entered into an agreement, subject to the approbation of the 
 said court, with Gr. H., for the sale of all the right, title and 
 interest of the said infants in and to the said real estate, upon 
 the terms and conditions therein mentioned; whereas, by 
 another order of the said court, made on the sixth day of July, 
 1852, it was ordered, that the said report of such special guar- 
 dian, and the agreement therein mentioned, be, and the same 
 were thereby ratified and confirmed ; and, whereas, it was fur- 
 ther ordered by the said court, in and by the last-mentioned 
 order, that the said special guardian should execute, acknowl- 
 edge and deliver to the said G. H., a good and sufiicient con- 
 veyance of all the estate, right, title and interest of the said 
 infants in and to the said premises, upon his complying with 
 the terms and conditions, upon which by the said agreement, 
 such deed was to be delivered. And whereas, the said Gr. H., 
 the purchaser aforesaid, has complied with the terms and con- 
 ditions of the said agreement : 
 
 Now, therefore, this indenture witnesseth, that the said party 
 of the first part, special guardian as aforesaid, by virtue of the 
 power and authority conferred upon him by the several or- 
 ders above mentioned, and in pursuance of the statute in such 
 
PRACT-ICAL FORMS. 379 
 
 case made and provided, for and in consideration of the sum 
 of one thousand dollars, to him 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 confessed and 
 acknowledged, hath granted, bargained, sold and conveyed, 
 and by these presents doth grant, bargain, sell and convey 
 unto the said party of the second part, his heirs and assigns 
 forever, all the right, title and interest of the said infants in, 
 and to all that certain, (here insert description.) 
 
 To have and to hold the said premises, and every part and 
 parcel thereof, with the appurtenances, to the said G. H., his 
 heirs and assigns, to his and their only proper use, benefit and 
 behoof, forever. 
 
 In witness whereof, the said party of the first part, has 
 hereunto set his hand and seal the day and year first above 
 written. 
 
 E. W. [L. s.] 
 
 [ No. 589. ] 
 
 Guardianh report of the investment and disposition of proceeds 
 
 of sale. 
 
 (Title.) 
 
 To the Justices of the Supreme Court : 
 
 I, E. W., the special guardian of the above infants, having 
 been required by an order of this court, made on the sixth 
 day of July, 1852, to invest on bond and mortgage for the 
 benefit of the said infants, the residue of the proceeds of sale 
 of the real estate of the said infants, which should remain after 
 paying the expenses of such sale, together with the costs of 
 the proceedings and the gross sum to be paid to the said E. 
 E., in satisfaction for her right of dower in the said premises, 
 and to make a return to the court in writing and upon oath 
 of the investment and disposition of such residue of the pro- 
 ceeds — do respectfully report : 
 
 That the residue of the said proceeds, after paying there- 
 out the sums directed by such order to be paid by me. 
 
380 PRACTICAL POEMS. 
 
 amounted to the sum of $ which I have invested at 
 
 an interest of seven per cent, per annum, payable semi-annu- 
 ally, on good security, by bond and mortgage, to wit : the 
 bond of C. L. of the city of Albany, and a mortgage executed 
 and acknowledged by him and his wife to the said infants, 
 upon unincumbered real estate in the city of Albany, worth 
 double the value of such proceeds ; which mortgage I have 
 caused to be recorded in the office of the clerk of the county 
 of Albany. All which is respectfully submitted. 
 
 Albany, August 7, 1852. 
 
 E. W. 
 
 (Add the usual jurat.) 
 
 PEOCEEDIlSrGS IN EOEECLOSUEE OF MOETGAGES 
 BY ADVEETISEMENT. 
 
 [ No. 590. ] 
 
 Foreclosure of mortgage hy advertisement and sale. — Notice of 
 
 sale. 
 
 Mortgage Sale. — By virtue of a mortgage, bearing date 
 January 1, 1845, W. 0. and E. his wife, of the city of Albany, 
 conveyed to B. A. of said city, certain premises described in 
 said indenture as follows: (insert description of premises.) 
 Said mortgage with the power of sale therein contained, was 
 recorded in the clerk's ofB.ce of the city and county of Albany, 
 the 17th day of February, A. D. 1845, at 10 o'clock, A. M., 
 in book of mortgages No. 78, on page 600, &c. The amount 
 due on said mortgage at the time of the first publication of 
 this notice, is four hundred and fifty dollars. Now therefore, 
 notice is hereby given that said mortgaged premises will be 
 sold at public auction to the highest bidder, on the tenth day 
 of August, 1852, at 12 o'clock, noon, in the rotunda of the 
 Merchants' Exchange, in the city of Albany. 
 
 Dated May 24, 1852. 
 
 B. A., Mortgagee. 
 
 F. H., Attorney. 
 
PRACTICAL FORMS. 381 
 
 [ No. 591. ] 
 
 Affidavit of publication — annexed to a copy of the foregoing. 
 
 Albany City and County, as: A. B., of said city, being 
 sworn says, tbat be is the foreman in the office (or one of the 
 proprietors) of tbe 'Albany Evening Atlas, a public news- 
 paper printed and published in the county of Albany, where 
 the premises described in the annexed printed notice of sale, 
 or a part thereof, are situated. Deponent further says, that 
 the notice of the mortgage sale, of which a printed copy is 
 hef eunto annexed, was published in said newspaper for twelve 
 weeks successively, at least once in each week, prior to the 
 time specified in said notice for the sale of said premises ; said 
 notice was first so published on the 24th day of May, 1852, 
 and continued for twelve weeks at least, successively, at least 
 once in each week, and last so published on the 9th day of 
 August, 1852. 
 
 A. B. 
 
 Sworn, &c. 
 
 [ No. 592. ] 
 Proof of posting notice — annexed to the foregoing. 
 
 City and County of Albany, ss : C. D., of the city of Al - 
 bany, being sworn says, that he did on the 24th day of May, 
 1852, and at least twelve weeks prior to the time specified in 
 the annexed printed notice, for the sale of the mortgaged prem- 
 ises therein described, affix a copy of the annexed printed 
 notice in a conspicuous place, and in a proper and sub- 
 stantial manner, on the outer door of the city hall or building, 
 in the city of Albany, where the county courts are appointed 
 to be held in and for the county of Albany, in which said 
 mortgaged premises are situated, that being the court-house 
 or building where the county courts of said county are ap- 
 pointed to be held, nearest to said mortgaged premises. 
 
 C. D. 
 
 Sworn, &c. 
 
382 PRACTICAL POEMS. 
 
 [ No. 593. ] 
 Proof of service of notices. 
 
 Albany City and County, ss : E. F,, of said city, being 
 sworn says, that lie did, at least twenty-eight days prior to the 
 time specified in the annexed printed notice for the sale of the 
 mortgaged premises therein described, serve upon L. M. a 
 copy of the annexed printed notice, by depositing the same 
 in the post-ofiice, properly folded and directed to the said 
 L. M., at Boston, his place of residence, and that at least four- 
 teen days prior to the time specified in the annexed printed 
 notice of sale of the mortgaged premises therein described, he 
 served personally upon IST. P. a like printed notice of sale, by 
 handing the same to and leaving the same with the said N. P., 
 and that at least fourteen days prior to the said specified time 
 of sale, he served a like notice upon li. S., by leaving the 
 same at the dwelling-house of the said R. S., in charge of a 
 person of a suitable age. 
 
 E. F. 
 
 Sworn, &c. 
 
 [ No. 594. ] 
 
 Proofs of sale hy the auctioneer. 
 
 Albany City and County, ss : G. H., of the city of Albany, 
 in the county of Albany and state of New York, being duly 
 sworn says, that he officiated as auctioneer at the sale of the 
 mortgaged premises described in the annexed printed copy of 
 the notice of sale. Deponent further says, that such sale was 
 made at public auction in the day time, and was conducted 
 fairly and openly in pursuance of sUch notice. Deponent 
 further says, that such sale took place at twelve o'clock, noon, 
 on the tenth day of August, 1852, at the place mentioned in 
 said printed notice, to wit : the rotunda of the Merchants' 
 Exchange, in the city of Albany, in the county of Albany, 
 where the premises sold (or some part thereof) are situated ; 
 that the premises so far as the same consisted of distinct 
 
PRACTICAL POEMS. 383 
 
 • 
 tracts, farms, or lots, were sbld separately, and no more 
 
 tracts, farms or lots were sold, than were necessary to satisfy 
 
 tlie amoimt claimed to be due on said mortgage in said notice, 
 
 at the day of the first publication thereof, and interest and 
 
 costs and expenses allowed by law. Deponent further says, 
 
 that every part of said premises sold by deponent was fairly 
 
 struck off and sold to the highest bidder, and that the sum of 
 
 five hundred dollars was the highest sum bid, and E. W. the 
 
 highest bidder for and the purchaser of the premises described 
 
 in said notice of sale. Gr. H. 
 
 Sworn, &c. 
 
 [ No. 595.. ] 
 
 Costs in foreclosure of mortgage iy advertisement. 
 
 Statute Foreclosure, 
 
 B. K 
 
 agH 
 
 W. C, L. M. and K P. 
 
 Drawing notice of sale, fol. 6, at 25c. ; engrossing, at 
 
 12ic $2 25 
 
 Printer's fees for publication, 16 20 
 
 County Clerk's fees for searches, . . . . 1 80 
 Copy notice for printer's affidavit, fol. 6, at 12^c., . 75 
 
 Drawing affidavit of printer, fol. 1, 25c. ; engrossing, 
 
 12i-c. ; affidavit, 12^0., 50 
 
 Copy notice to post, 75c. ; posting, $1, • • . 1 75 
 Three copies to serve, at 75c. each ; serving, $1 each, 5 25 
 Drawing affidavit of posting, fol. 1, at 25c. ; engross- 
 ing, 12|c. ; affidavit, 12ic., 50 
 
 Copy notice for affidavit of posting, fol. 6, at 12ic., 75 
 
 Drawing proof of service of notice, fol. 1, at 25c. ; 
 
 engrossing, 12^c. ; affidavit, 12-^c., ... 50 
 
 Copy notice for proof of service of notice, £ 6, at 12|-c., 75 
 
 Attorney's fees by statute, 10 00 
 
 Drawing and engrossing condition of sale, t 2, at 37^c., 75 
 
 Drawing and engrossing copy costs, fol. 2, at 37ic., 75 
 
 Eecording papers (when mortgagee is the buyer) fol. 
 20, at 
 
384 PRACTICAL POEMS. 
 
 PROCEEDINGS FOR THE ADMEASUREMENT OF 
 
 DOWER. 
 
 [ No. 596. ] 
 
 Petition for the appointment of guardian for infant in admea- 
 surement of dower. 
 
 To the Justices of the Supreme Court of the State of New 
 York: " 
 
 The petition of A. B., of the city of Albany, respectfully 
 shows, that she is the widow of C. B., late of said city, de- 
 ceased, that the said A. B. was lawfully married to the said 
 C. B. in his lifetime, and lived and cohabited with him until 
 the time of his death, which was on the 5th day of May, 
 1852. That the said C. B., during such marriage and cohabi- 
 tation, was seized of an estate of inheritance, of and in the 
 following lands, tenements and hereditaments situate in said 
 city, (here describe the premises.) And your petitioner further 
 shows, that E. F., an infant under the age of fourteen years, 
 to wit, of the age of twelve years, son and heir at law of the 
 said C. B., deceased, claims to be among the owners thereof as 
 one of the heirs at law of the said C. B., deceased. 
 
 Your petitioner therefore prays this court that some suit- 
 able person may be appointed guardian of the said infant, to 
 take charge of the rights and interests of the said infant in 
 the premises, in order that your petitioner may at once ■ pro- 
 ceed in this court and obtain the admeasurement of her dower 
 in the said premises. 
 
 A. B. 
 
 (Add the usual jurat to the petition.) 
 
PEA.CTIOAL FOEMS. 385 
 
 [ No. 597. ] 
 
 Order wppointing guardian. 
 
 At a special term, &c. 
 In the matter of the application of A. B., ) 
 for admeasurement of dower. ) 
 
 On reading and filing the petition of A. B., widow of 0. B., 
 deceased, allegiog that the said petitioner is about to make 
 application to this court, for the admeasurement of her dower 
 in certain lands and tenements in the city of Albany, as the 
 widow of the said deceased, and that B. F., an heir of the said 
 deceased, is a minor under the age of fourteen years, and pray- 
 ing that a guardian may be appointed for him by this court, 
 pursuant to the Eevised Statutes of this state in such case 
 made and provided ; and on motion of L. M., attorney for the 
 said petitioner, it is hereby ordered, that IST. P., a freeholder 
 of said city, be, and he is hereby appointed guardian of the 
 said E. F., minor aforesaid, for the sole purpose of appearing 
 for and taking care of the interest of the said minor in the 
 premises. 
 
 [ No. 598. ] 
 Petition for the admeasurement of dower. 
 
 To the Justices of the Supreme Court of the State of New 
 York: 
 
 The petition of A. B., of the city of Albany, respectfully 
 shows, that she is the widow of 0. B., late of said city, de- 
 ceased ; that the said A. B. was lawfully married to the said 
 C. B. in his lifetime, and lived and cohabited with him to. his 
 lifetime until the time of his death, which was on the fifth 
 day of May, 1852. That the said C. B., during such marriage 
 and cohabitation, was seized of an estate of inheritance of and 
 in the following lands, situate in said city ; and that E. F., an 
 infant child, son and heir at law of the said C. B., and Gr. H., 
 claim to be among the owners thereof, as the heirs at law of 
 
 25 
 
PEAGTIOAIi FORMS. 
 
 the said C. B. Said premises are bounded and described as 
 follows, via : (insert description of the premises.) Yonr pe- 
 titioner therefore prays for an order that admeasurement of 
 dower may be made in the lands and premises above described, 
 and that three reputable and disinterested freeholders may be 
 appointed commissioners for the purpose of making admeasure- 
 ment, and making and ascertaining the. value of the mesne 
 profits due your petitioner, pursuant to the Kevised Statutes 
 of this state in such case made and provided. 
 
 (Annex the usual affidavit to the petition.) 
 
 A. B, 
 
 [ Fo. 599. ] 
 
 Notice to the heirs and others who claim a freehold in the lands 
 sought to he admeasured. 
 
 To the heirs of 0. B., late of the city of Albany, deceased, 
 and such other persons who claim a freehold estate in the 
 lands described in the petition hereunto annexed : 
 
 Take notice, that a petition, of which the annexed is a copy, 
 will be presented to the Supreme Court, at the next special 
 term thereof, to be held at the City Hall, in the city of Albany, 
 on the last Tuesday of July next, at the opening of court. 
 
 Albany, July 1, 1852. 
 
 Yours, &c., 
 
 A. B. 
 
 L. M., Attorney. 
 
 [ No. 600. ] 
 
 Order for admeasurement and appointing commissioners. 
 
 At a special term, &c. 
 (Title.) 
 
 On reading and filing the petition of A. B., widow of C. 
 B., late of the city of Albany, deceased, and the notice ac- 
 
PRACTICAL FORMS. 387 
 
 companying tlie' same, and proof of due service of the said 
 petitioa and notice on E. F., and N. P., his guardian, and on 
 G. H., and after hearing counsel for the said petitioner, and 
 the said E. P. and Gr. H., the facts and allegations set forth in 
 the said petition having been admitted, it is ordered, that ad- 
 measurement of the dower of the said widow be made of the 
 lands of the said C. B., her husband, specified in her said pe- 
 tition ; and further, that R. S., T. U. and Y. W., three repu- 
 table and disinterested freeholders, be commissioners for the 
 purpose of making such admeasurement, and ascertaining and 
 reporting the value of the mesne profits due the said A. B. 
 
 [ No. 601. ] 
 
 Oath of commissioners. 
 
 I do swear that I will honestly and impartially discharge 
 the duty, and execute the trust reposed in me by the within 
 appointment. 
 Severally sworn, &c. R. S. 
 
 T. U. 
 V. w. 
 
 [ No. (502. ] 
 Report of commissioners. 
 
 To the Justices of the Supreme Court : 
 
 We, the subscribers, R. S., T. U. and V. W., commission- 
 ers appointed by order of this court, dated the twenty -seventh 
 day of July, 1852, to admeasure and lay off for the dower of 
 A. B., widow of 0. B., deceased, the one third part of the 
 land and premises hereinafter described, of which the said 
 C. B. was seized during the period of his intermarriage with 
 the said A. B., situated in the city of Albany, now in the 
 possession of E. F. and G. H., heirs of the said deceased, 
 
888 PEACTIOAL FORMS 
 
 "whicli said appointment is hereunto annexed, do respectfully 
 report, tliat we, the said commissioners, first having been 
 sworn before legal authority, honestly and impartially to 
 discharge the duty, and execute the trust reposed in us by 
 the said appointment, did, on the first day of August, 1852, 
 meet at the city of Albany, on the premises hereinafter de- 
 scribed, to discharge the duty and exercise the trust afore- 
 said, and as well the said A. B. as the said E. F, and G. H., 
 by their respective attorneys, appeared at the time and place 
 aforesaid, (or were personally notified to appear at the time 
 and place aforesaid.) Whereupon, we, the said commission- 
 ers, caused a survey of the said lands and premises set forth 
 in the petition filed herein, and hereafter more particularly 
 described, to be made (in the presence of the said parties,) 
 that is to say, (here describe the premises agreeably to the 
 survey,) a map of which survey is hereunto annexed ; and 
 we do further report, that we have admeasured and allotted 
 to the said A. B. for her dower, the one third part of the said 
 premises, as follows : (here describe particularly the part al- 
 lotted to the widow as her dower,) and we find the mesne 
 profits valued at one hundred dollars. We do further re- 
 port, that the following are the items of the charges attending 
 said admeasurement, (stating the several items.) 
 
 Given under our hands, this fourth day of August, 1852. 
 
 E. S. 
 
 T. U. 
 
 Y. W. 
 
 [ No. 603. ] 
 
 Order confirming commissioners' report. 
 
 At a special term, &c. 
 (Title.) 
 
 On reading and filing the report of E. S., T. U. and V, 
 W., commissioners appointed pursuant to the former order 
 of this court, on the petition of A. B., widow of 0. B., de- 
 ceased, situate in the city of Albany, whereof the said deceased 
 
PRACTICAL POEMS. 389 
 
 was seized of an estate of inheritance, from whicli report 
 it appears among other things, that after having been sworn 
 before legal authority, faithfully, honestly and impartially to 
 discharge the duty, and execute the trust reposed in them by 
 the said appointment, they did, on the first day of August, 
 1852, in the presence of the respective attorneys of the said 
 A. B., E. F., and G. H., (or after they had served due notice 
 of their proceedings on the said A. B., E. F. and G. H.,) 
 cause a survey to be made of the lands and premises in the 
 said petition and report mentioned, as reference being thereto 
 had will more fully appear, and caused a map thereof to be 
 made ; and that they had admeasured and allotted to the said 
 A. B., for her dower, the one third part of the said lands and 
 premises, which third part so admeasured and allotted will 
 fully appear by the said report this day filed in this court : 
 
 Now, on motion of L. M., of counsel for the said petitioner, no 
 one appearing to oppose, (or after hearing B. C, of counsel for 
 the said B. F. and G. H.,) it is ordered that the said report and 
 admeasurement be and the same is in all respects confirmed. 
 And that the said A. B., be let into possession of the said 
 premises, and that the costs adjudged to the said A. B., be 
 hereafter taxed. 
 
 FEOCEEDIJSTGS TO COMPEL THE DETERMINATION 
 OF CLAIMS TO EEAL PROPERTY IN CERTAIN 
 CASES, UNDER TITLE II, CHAPTER V, PART IH, 
 OF THE REVISED STATUTES. 
 
 [ No. 604. ] 
 
 Notice to compel the determination of claims to real property. 
 
 A. B., Esq., Sir : Please to take notice, that I claim title to 
 the following lands, tenements and real .estate, and which have 
 been continually for more more than three years last past, and 
 still are in my actual possession (or in the actual possession of 
 myself and of those from whom I derive title,) which said 
 
390 PRACTICAL FORMS. 
 
 lands, tenements and real estate, are bounded and described 
 as follows : (insert description.) And that the estate I have 
 and claim therein is in fee, (or for the life of myself or the life 
 of C. D., or for a term of years not less than ten,) and that I 
 hold the same as the heir (or devisee) of G. H., (or as purcha- 
 ser from L. M.,) who derived his title from, (here set forth, tbe 
 chain of title.) And I further give you notice that you un- 
 justly claim title to the said premises, and that unless you ap- 
 pear in the Supreme Court of the state of New York, withia 
 the time, and assert your claim in the manner provided by 
 law, you and all persons claiming under you, will be forever 
 barred from all claim to any estate of inheritance of freehold 
 in possession, reversion or remainder in the premises described 
 in this notice. 
 
 Dated, May 5, 1852. K P. 
 
 B. E., Attorney. 
 
 [ No. 605. ] 
 Proof of service of the foregoing notice. 
 
 City and County of Albany, ss : G. S., being sworn, says, 
 that on the seventh day of May, 1852, he, this deponent, served 
 on S. Q., at Albany, who was then of full age, not insane, or 
 imprisoned on any criminal charge or conviction, (or if a wo- 
 man, add, "not being a married woman,") a notice signed by 
 N. P., and of which the within is a copy, by then and there 
 delivering the same to the said S. Q., personally. 
 
 G. S. 
 
 Sworn, &c. 
 
PRACTICAL FORMS. 391 
 
 [ No. 606. ] 
 
 Order to he entered on serving the above. 
 
 (Title.) 
 
 On filing a notice from N. P., in accordance with the pro- 
 visions of title II, chapter V, part III of the Revised Statutes, 
 directed to S. Q., and on filing proof of due service on the said 
 S. Q. : Ordered, that the said S. Q., appear and plead thereto, 
 within forty days after the entry of this rule (or order.) 
 
 [ No. 607. ] 
 
 Order for default entered. 
 
 (Title.) 
 
 S. Q. not having appeared or pleaded according to an order 
 heretofore entered on behalf of N. P. in the above matter : 
 Ordered, that the default of the said S. Q. be and the same is 
 hereby entered. 
 
 [ No. 608. ] 
 
 Judgment roll on default on the foregoing. 
 
 (Annex to the original notice and proof of service a certi- 
 fied copy of the order, and proof that no pleading has been 
 received, then the following :) 
 
 N. P.i 
 agt. \ Judgment, August 5, 1852. 
 
 S. Q.) 
 
 The notice in this proceeding having been served, and 
 the order to plead herein having been entered more than 
 forty days previous to this date, and no (copy,) plea or no. 
 tice of appearance having been served upon the said N. P., 
 or his attorney herein : Now, on motion of B. B., attorney 
 
392 PEACTIOAL FORMS. 
 
 for the said N. P., it is hereby adjudged that the said S. Q. 
 and all persons claiming under him, by title accruing subse- 
 quently to the service of the aforesaid notice, be forever 
 barred from all claim to any estate of inheritance or freehold 
 in the said premises. 
 
 [ No. 609. ] 
 
 Plea of disclaimer. 
 
 And the said S. Q., by M. C, his attorney, comes and 
 pleads to the notice served upon him by N. P., under the 
 second title, &c., of the Eevised Statutes, and says, that the 
 said ]Sr. P. ought to be barred from all further proceedings, 
 of and upon such notice : Because, he says, he disclaims 
 all right, title and claim to any estate of inheritance, or of 
 freehold in the premises described in such notice, -nrhich 
 premises are bounded and described as follows : (insert de- 
 scription.) 
 
 [ No. 610. ] 
 
 Judgment on plea of disclaimer. 
 
 (Title.) 
 
 This matter having been brought to a hearing, on the no- 
 tice, order and plea of disclaimer herein : On motion of B. 
 E., attorney for the said N. P., after hearing M. 0., attorney 
 for the said S. Q., it is ordered and adjudged, that a judgment 
 of discontinuance, with costs to the said S. Q., be entered 
 herein ; but the said S. Q., and all persons claiming under 
 him by title accruing subsequently to the service of the no- 
 tice in this matter, shall be ferever barred from all claim to 
 any estate of inheritance or freehold in the said premises. 
 
PRAOTIOAl FORMS. 393 
 
 APPEALS FROM SUBROGATES' COURTS. 
 
 [ No. 611. ] 
 
 Notice of appeal. 
 
 Albajsty Surrogate's Court. 
 In the matter of the final accounting 1 
 
 of A. B., executor of the last will and [• 
 
 testament of C. D., deceased. ) 
 
 A sentence or decree having been entered in the office of 
 the surrogate of the county of Albany, on the tenth day of 
 May, 1852, in the above matter, and the said A. B., executor, 
 &c., (or E. ]Sr.) conceiving himself aggrieved by the said sentence 
 or decree, doth hereby appeal from the same, and every part 
 thereof, (or from the following portion of said decree, state 
 what,) to the Supreme Court, and prays that the pleadings, 
 proofs and proceedings may be transmitted to the Supreme 
 Court, to the end that such order may be made thereupon as 
 may be just. 
 
 L. M., Att'y for the Appellant. 
 
 [ No. 612. ] 
 Bond on appeal. 
 
 Know all men by these presents, that we, A. B., G. H. and 
 J. K., all of the city of Albany, are held and firmly bound 
 unto E. F. in the sum of one hundred dollars, to be paid to 
 the said E. F., his executors, administrators or assigns. For 
 which payment well and truly to be made, we bind ourselves, 
 our heirs, executors and administrators, jointly and severally, 
 firmly by these presents. Sealed" with our seals, and dated 
 the 12th day of May, 1852. 
 
 Whereas, the above-named A. B. has appealed to the Su- 
 preme Cotirt from an order or decree of the surrogate of the 
 county of Albany, made on the tenth day of May, 1852, in 
 
394 PRACTICAL FORMS. 
 
 the matter of the final accounting of A. B., executor of the 
 last will and testament of C. D., deceased : 
 
 Now, therefore, the condition of this obligation is such, 
 that if the said appellant shall diligently prosecute his said 
 appeal, and shall pay all costs that shall be adjudged against 
 him by the Supreme Court on the said appeal, then this obli- 
 gation to be void ; otherwise to be and remain in full force 
 and virtue. 
 
 A. B. [L. S.J 
 G. H. [L. s.] 
 J. K. [L. s.] 
 
 [ No. 613. ] 
 Petition of appeal from a surrogate. 
 
 In Supreme Court. 
 A. B., executor, &c., of C. D., 
 deceased, appellant, 
 
 vs. 
 E. F., respondent. 
 
 To the Supreme Court of the State of New York : 
 
 The petition of A. B., executor, &c., appellant, respectfully 
 shows : 
 
 That heretofore, the above-named appellant was in due form, 
 by the surrogate of the county of Albany, qualified as execu- 
 tor of the last will and testament of C. D., deceased, and letters 
 issued to and were received by your petitioner. 
 
 That your petitioner afterwards, upon the application of 
 X. Y., as one of the next of kin (or a creditor) of the said 
 C. D., was cited by said surrogate to account as such executor. 
 Upon which citation, your petitioner desired of said surrogate, 
 as is provided for by the statute, that such account might be 
 finally settled; which was so ordered accordingly. That 
 thereupon an account, duly verified, was rendered to the said 
 surrogate by the said executor ; which being unsatisfactory 
 to the said E. P., the respondent herein, as one of the next of 
 kin (or a creditor) of the decedent, the same was controverted 
 by the said irespondent, and af&rmed to be sufficient (or correct) 
 
PRACTICAL FORMS. 395 
 
 by yonr petitioner. An issue being thus formed, the respect- 
 ive parties proceeded before the said surrogate, with evidence 
 written and oral, on the part of the respondent to impeach, 
 and on the part of the appellant to sustain their respective 
 allegations on such accounting. 
 
 That after said proof was taken, and a hearing was had 
 upon the matter before such surrogate, a sentence or decree 
 was pronounced by him on the tenth day of May, 1852, by 
 which the appellant was directed to (here set out so much of 
 the order as is claimed to be wrong, and from which the ap- 
 peal is taken.) 
 
 This appellant being advised that the said sentence or de- 
 cree is erroneous, has appealed therefrom to this court ; and 
 states, among other grounds of error therein, the following : 
 First, (here set out the various grounds of error in the decis- 
 ion of the surrogate.) 
 
 Your petitioner therefore prays that the said E. F., who is 
 intended to be made a party respondent to this appeal, may 
 be required to answer this petition, and that the proceedings 
 and decree in the above matter in the Surrogate's Court, may 
 upon this appeal be reviewed by this court, and that the sen- 
 tence or decree aforesaid, for the errors aforesaid or for other 
 errors, may be reversed, modified or amended, as may be 
 agreeable to equity. 
 
 And your petitioner will ever pray, &c. 
 
 Dated May 11, 1852. 
 
 A. B. 
 
 L. M., Attorney for the Appellant. 
 
 [ No. 614. ] 
 
 Order to answer the petition of appeal. 
 
 (Title.) 
 
 On reading and filing due proof that the petition of appeal, 
 together with the transcript of the proceedings before the 
 surrogate, have been duly filed in the office of the clerk of 
 this court, and on motion of L. M., Esq., attorney for the 
 
396 PRACTICAL FORMS. 
 
 appellant : Ordered, that the respondent answer the said pe- 
 tition within twenty days after service of a copy of said peti- 
 tion and notice of this order, or that in default thereof the 
 appellant be heard ex parte. 
 
 [ No. 615. ] 
 Answer to petition of appeal. 
 
 (Title.) 
 
 The answer of E. P., respondent, to the petition of appeal 
 of A. B., executor, &c., of C. D., deceased. 
 
 This respondent admits that a sentence or decree of the 
 date, tenor and effect in the said petition of appeal set forth, 
 was made by the surrogate of the county of Albany. And 
 this respondent is advised and believes, and submits that such 
 sentence or decree, so far as the same is complained of by the 
 said petition of appeal, is just and agreeable to equity. And 
 he therefore prays that the said sentence or decree may be 
 af&rmed, and that as to those matters the said petition of ap- 
 peal may be dismissed by this honorable court, with costs to 
 be adjudged to this respondent. 
 
 E. F. 
 
 N. P., Att'y for the Eespondent. 
 
 [ No. 616. ] 
 Transcript of proceedings before the surrogate. 
 
 The People of the State of New York, by the grace of God, 
 free and independent, to all to whom these presents may 
 come, or concern : The following are true copies of the pro- 
 ceedings, evidence and decree had in our Surrogate's Court of 
 the county of Albany, in the matter of the final accounting of 
 A. B., executor, &c., of C. D., deceased : 
 
PRAOTIOAIi FORMS. 397 
 
 (Title.) 
 
 On the fifth day of February, 1849, letters testamentary in 
 said estate were issued to said A. B., and the said A. B. took 
 upon himself the administration of the effects of the said 
 deceased. 
 
 On the second day of April, citation on application of said 
 B. F., issued that said executor render his account, which 
 citation was returnable on the second day of May, 1852. 
 
 On the second day of May, 1852, the said executor ap- 
 peared before the surrogate with L. M., his counsel, and IST. 
 P. appeared as counsel for the said B. F. The said executor 
 then and there rendered his final account, of which the fol- 
 lowing is a portion : (here set out the portion objected to.) 
 
 To which said claims (or payment, or report,) the said E. 
 P., by his counsel, objected, and to maintain the issue on his 
 part, presented the following testimony : 
 
 R. C, a witness, presented on the. part of the said E. P., 
 being sworn, deposed as follows : (here set out the testimony 
 of E. F.) 
 
 And the said A. B., to maintain the issue on his part, pre- 
 sented in evidence the following : (here set out the evidence 
 presented by A. B.) 
 
 And on the tenth day of May, 1852, a decree was entered 
 in the said matter, of which the following is a copy : (copy 
 decree.) 
 
 On the twelfth day of May, a notice of appeal from such 
 sentence or decree was filed in this office, of which the follow- 
 ing is a copy : (insert copy of appeal.) 
 
 And a bond has been duly filed in this court and approved 
 by such surrogate. 
 
 In witness whereof, I have hereunto set my hand and afiixed 
 
 the seal of this court, this thirtieth day of May, one thousand 
 
 eight hundred and fifty -two. 
 
 [L. s.] 
 
 0. H. C, Surrogate. 
 
398 PKAOTICAL FORMS. 
 
 FORMS FOB, USB IN SURROQATES' COURT 
 
 [ No. 617. ] 
 
 Petition to prove will. 
 
 County of Albany — 
 Surrogate's Court. 
 
 To B. B., Esq., Surrogate of Albany County : 
 
 The petition of A. C, of the city and county of Albany, 
 respectfully shows : That E. C, late of the city of Albany, 
 departed this life on or about March 1, 1858, having pre- 
 viously made and executed his last will, in which your pe- 
 titioner is named as one of the executors ; and said will re- 
 lates (both to real and) to personal estate. 
 
 That said E. C. was a citizen of the United States, and in- 
 habitant of the city of Albany, at or immediately previous to 
 his death. The said E. C. left him surviving his widow, your 
 petitioner, and H. C, of full age, and M. C, an infant of the 
 age of about ten years, his only children him surviving. 
 Your petitioner, therefore, prays that a special guardian may 
 be appointed for the said M. C, for the purpose of attending 
 and protecting the interest of the said M. C, in regard to the 
 proof of the said will, and that said last will and testament 
 may be proved, and letters testamentary granted therein ac- 
 cording to law. 
 
 March 6, 1858. 
 
 A. C. 
 
 (Add jurat.) 
 
 [ No. 618. ] 
 
 Consent to act as special guardian on proof of will. 
 
 Suerogate's Court — 
 Albany County. 
 In the matter of proving the last ) 
 will and testament > 
 
 of E. C, deceased. ) 
 
 I, L. L, B., of the city and county of Albany, attorney at 
 
BRAQTICAL: FOEMS. 
 
 law, do hereby consent to be appointed by the surrogate of 
 said county the special guardian of M. C, minor, heir and 
 next of kin of E. C, deceased, for the sole purpose of taking 
 care of the interests of the said minor, in the matter of prov- 
 ing the last will and testament of the said deceased, and I 
 consent to act as such guardian. 
 March 6, 1858. 
 
 L. L. B. 
 
 [ No, 619. ] 
 Citation to prove will. 
 
 The People of the State of New York to L. L. B., special 
 guardian of M. C. and H. C, heirs and next of kin of E. C, 
 deceased, greeting: 
 
 Whereas, A. C, of the city of Albany, has applied to our 
 surrogate of our county, for the proof of the will of E. C, 
 late of the city of Albany, deceased ; said will relating to 
 both real' and personal estate. Therefore, you and each of 
 you are cited and required to appear at the office of our said 
 surrogate, in the city of Albany, on the second day of April, 
 1858, at ten o'clock A. M. of that day, and attend the probate 
 of the said wiU. 
 
 In testimony whereof, we have hereunto affixed the official 
 seal of our said suiTogate. Witness, B. B., surrogate of 
 Albany county, this sixth day of March, one thousand eight 
 hundred and fifty -eight. 
 
 [l. s.] B. B., Surrogate. 
 
 [ No. 620. ] 
 
 Proof of service of citation. 
 
 Albany City and County, ss : H. N., being duly sworn, 
 says that on the seventh of March instant, at Albany, he 
 served the within citation upon the within named L. L. B., 
 
400 PRACTICAL FORMS. 
 
 guardian, &c., by delivering to and leaving with said L. L. B. 
 a true copj of said citation ; and on the same, seventh of 
 March, he served the within citation upon the within named 
 H. C, by leaving a copy thereof for him, at his residence, with 
 a person of suitable age and discretion, who promised to de- 
 liver the same to the said H. C. 
 
 H. K 
 Sworn, &c. 
 
 [ No. 621. ] 
 Suljicena to witnesses. 
 
 The People of the State of New York, to L. E. and B. 0., 
 greeting : 
 
 "We command you, that all business and excuses being laid 
 aside, you and each of you personally appear and attend 
 before our Surrogate's Court, at the office of the surrogate of 
 the county of Albany, in the city of Albany, on the third 
 day of April, 1858, at ten o'clock A. M., of that day, to tes- 
 tify and give evidence in the matter of proving the last wiU 
 and testament of E. C, deceased, late of the city of Albany, 
 now pending before our said surrogate. And for a failure 
 to attend you will be deemed guilty of a contempt of court, 
 and be responsible to the aggrieved party for all loss and in- 
 jury occasioned by such failure, and for all other damages ' 
 sustained thereby, and will forfeit fifty dollars, in addition to 
 such damages, to such aggrieved party. 
 
 Witness, B. B., surrogate of our county of Albany, this 
 sixth day of March, one thousand eight hundred and fifty- 
 eight. 
 
 [L. s.] B. B., Surrogate. 
 
 L. L. B., Proctor. 
 
PRACTICAL FORMS. 401 
 
 [ No. 622. ] 
 
 Executor's oath. 
 
 Albany County, ss : I, A. C. of the city of Albany, one 
 of the executors named in the last will and testament of E. 
 C, late of the city of Albany, deceased, being duly sworn, do 
 swear that I reside in the city of Albany, and that I will 
 faithfully and honestly discharge the duties of executor of 
 the said last will and testament. 
 
 Sworn, &a 
 
 A. C. 
 
 [ No. 623. ] 
 Letters testamentary. 
 
 The People of the State of New York, to all to whom theise 
 presents shall come or may concern, greeting : 
 
 Know ye, that on the tenth day of March, one thousand 
 eight hundred and fifty-eight, at the county of Albany, before 
 B. B., surrogate of our said county, the last will and testament 
 of E. C, deceased, was proved and allowed by us ; and the 
 said E. C. having been at and immediately prcAdous to his 
 death, an inhabitant of the county of Albany, by reason where- 
 of the proving and registering of the said will, and the grant- 
 ing administration of all and singular the goods, chattels and 
 credits of the said testator, and also the auditing, allowing and 
 final discharging the account thereof, doth belong unto us, the 
 administration of all and singular, the goods, chattels and 
 credits of the said deceased, and any way concerning his will, 
 is granted unto A. C, (one of) the executors named in the 
 said will, he being first duly sworn, faithfully and honestly to 
 discharge the duties of such execution according to law. 
 
 In testimony whereof, we have hereunto annexed the offi- 
 cial seal of our said surrogate. Witness, B. B., surrogate of our 
 said county of Albany, the tenth day of March, one thousand 
 eight hundred and fifty- eight. 
 
 [l. s.] B. B., Surrogate. 
 
 26 
 
402 PRACTIOAl FORMS, 
 
 [ No. 624. ] 
 Petition for letters of administration. 
 
 Albany County Surrogate's Court. 
 In tlie matter of the application for \ 
 
 letters of administration on the >■ 
 
 estate of A. C, deceased. ) 
 
 To B. B., Esq., Surrogate of Albany County : 
 
 The petition of H. C. shows that she is a widow, of A. C, 
 late of the city of Albany, deceased. That said A. 0. was, at 
 or immediately previous to his death, an inhabitant of the 
 city and county of Albany ; that he departed this life at the 
 city of Albany, on the tenth day of February, one thousand 
 eight hundred and fifty eight, and without leaving any last 
 will and testament, to the knowledge, information or belief of 
 your petitioner ; that said deceased died a natural death, and 
 died possessed of personal property within this state, the 
 value whereof does not exceed the sum of about five thou- 
 sand dollars, as your petitioner is informed and believes. 
 That the said intestate has left him surviving only two chil- 
 dren, to wit : M. C. and E. C, both minors, under fourteen 
 years of age, and living in the city of Albany. 
 
 And your petitioner prays that letters of administration 
 may be granted to her, in pursuance of the statute in such 
 case made and provided. 
 
 February 20, 1858. H. C. 
 
 (Add jurat.) 
 
 [ No. 625. ] 
 
 Administrator's bond. 
 
 Know all men by these presents, that we, E. C, H. B. and 
 E. S., all of the city of Albany, are held and firmly bound 
 unto the people of the state of New York, in the sum of ten 
 thousand dollars, lawful money of the United States of Amer- 
 ioa^ to be paid to the said people ; to which payment well and 
 
PRACTICAL FORMS. 403 
 
 truly to be made, we bind ourselves, our and eacli of our 
 heirs, executors and administrators, jointly and severally, 
 firmly by these presents. Sealed with our seals and dated this 
 twentieth day of February, one thousand eight hundred and 
 fifty-eight. 
 
 The condition of this obligation is such that if the above 
 bounden B. C. shall faithfully execute the trusts reposed in 
 her as administratrix of all and singular the goods, chattels 
 and credits of A. C, late of the city of Albany, deceased, 
 intestate, and also obey all orders of the surrogate of the 
 county of Albany, touching the administration of the estate 
 committed to her charge, then this obligation to be void, else 
 to remain in full force and virtue. 
 
 E. C. [L. s.] 
 H. B. [L. s.l 
 R. S. [L.S.J 
 (Add acknowledgment and justification of sureties.) 
 
 [ No. 626. ] 
 Administrator's oath. 
 
 Albany County, ss : I, A. C, widow of B. C, deceased, 
 intestate, about to be appointed by the surrogate of Albany 
 county, administratrix of all and singular the goods, chattels 
 and credits of the said B. C, deceased, do solemnly swear and 
 declare, that I will honestly and faithfully discharge the du- 
 ties of such administratrix according to law. 
 
 A. C. 
 
 Sworn, &c. 
 
404 PRACTICAL FORMS. 
 
 [ No. 627. ] 
 Letters of administration. 
 
 The People of the State of New York, to A. C, widow of 
 E. C, late of the city of Albany, deceased, intestate, send 
 greeting : 
 
 Whereas, the said B. C. as is alleged, died intestate, having 
 whilst living and at the time of his death, goods, chattels or 
 credits within this state, by means whereof the ordering and 
 granting administration of all and singular the said goods, 
 chattels and credit, and also the auditing, allowing and final 
 discharging the accounts thereof, doth appertain unto us. And 
 we being desirous that the goods, chattels and credits of the 
 said deceased may be well and faithfully administered, ap- 
 plied and disposed of, do grant unto you, the said A. C, full 
 power by these presents, to administer and faithfully to dis- 
 pose of all and singular the said goods, chattels and credits ; 
 to ask, demand, recover and receive the debts which unto the 
 said deceased, while living and at the time of his death, did 
 belong, and to pay the debts which the said deceased did owe, 
 so far as the said goods, chattels and credits will thereto ex- 
 tend and the law require : hereby requiring you to make or 
 cause to be made, a true and perfect inventory of all and sin- 
 gular the personal property and efiects of the said deceased, 
 which have or shall come to your hands, possession or knowl- 
 edge, and the same so made, to exhibit or cause to be ex- 
 hibited into the office of the surrogate of the said county of 
 Albany, at or before the expiration of three calendar months 
 from the date hereof. And also to obey all orders that may 
 from time to time be made by the surrogate of the county of 
 Albany, touching the administration of the estate hereby 
 committed to you. And we do by these presents depute, 
 constitute and appoint you, the said A. C, administratrix of 
 all and singular the goods, chattels and credits which were of 
 the said A. 0. deceased. 
 
 In testimony whereof we have caused the official seal of our 
 eaid surrogate to be hereunto affixed Witness B. B., surrogate 
 
PRACTICAL FORMS. 405 
 
 of said Albany County, the third day of March, one thousand 
 eight hundred and fifty-eight. 
 
 [L. S.J B. B., Surrogate. 
 
 [ No. 628. ] 
 
 Notice of appraisal. 
 
 To the legatees and next of kin of E. C, late of the city 
 of Albany, deceased, and to all other persons interested in his 
 estate : 
 
 You and each of you, will please take notice, that with the 
 aid, and in the presence of the appraisers duly appointed, 
 the subscriber will attend at the late dwelling-house of the 
 said deceased, in the town of Bethlehem, in the county of Al- 
 bany, on the 15th day of March instant, at ten o'clock in the 
 forenoon, to estimate and appraise the personal property and 
 effects of said deceased, and with the aid of the said ap- 
 praisers, to take an inventory thereof 
 
 Dated March 10, 1858. 
 
 E. C, Executrix (or Administratrix.) 
 
 [ No. 629. ] 
 Affidavit of appraiser. 
 
 City and County of Albany, ss : I, H. B., do swear that I 
 will truly, honestly and impartially appraise the personal 
 property of E. C, deceased, which may be exhibited to me, 
 according to the best of my knowledge and belief 
 
 H. B. 
 
 Sworn, &c. 
 
406 PEACTIOAL FORMS. 
 
 [ No. 630. ] 
 
 Inventory. 
 
 A true and faithful inventory of all and singular tlie goods, 
 chattels and credits of E. C, deceased, made the fifteenth day of 
 March, 1858, by A. C, executrix (or administratrix), with the 
 aid of H. B. and B. H., appraisers, they haying been pre- 
 viously appointed and sworn as appraisers. 
 
 (Set forth the specific articles set apart by statute for the 
 use of the widow ; and nest a list of articles, the appraised 
 value of which shall not exceed the sum of one hundred and 
 fifty dollars, for the use of the widow ; and then set forth the 
 balance of the estate.) 
 
 We hereby certify, that on the 15th day of March, 1858, 
 we inventoried and appraised the estate of said E. C, de- 
 ceased, at the several sums set opposite the several articles as 
 above specified, amounting in all to the sum of three thousand 
 dollars. 
 
 ■n ■ tt" )• Appraisers. 
 
 r" !• Apprais 
 
 [ No. 631. ] 
 
 Affidavit of executor or administrator anneoxd to inventory. 
 
 Albany County, ss : A. C. having been duly constituted by 
 the surrogate of Albany county an executor of the last will and 
 testament (or administrator of the goods, chattels and credits,) 
 of E. C, late of the city of Albany, in the said county of 
 Albany, deceased, being duly sworn, says, that the inventory 
 of the goods, chattels and credits of the said deceased, by this 
 deponent made and to this affidavit annexed, is in all respects 
 just and true ; that it contains a true statement of all the per- 
 sonal property and effects of the said deceased, which have 
 come to the knowledge of this deponent, and particularly of 
 all money, bank bills and other circulating medium, belong- 
 ing to the said deceased, and of all just claims of the said de- 
 
PRACTICAL FORMS. 407 
 
 ceased against this deponent, according to the best of Ms 
 knowledge and belief. 
 
 A. C. 
 Sworn, &c. 
 
 [ No. 632. ] 
 
 Affidavit of creditor to his claim. 
 
 City and County of Albaiiy, ss : M. L. being sworn, says, 
 that the foregoing claim against the estate of E. C, deceased, 
 is justly due and owing to this deponent: that no payments 
 have been made thereon (except those therein specified,) and 
 that there are no offsets against the same, to the knowledge' of 
 this deponent. 
 
 M. L. 
 
 Sworn, &c. 
 
 [ No. 633. ] 
 
 Notice to creditors. 
 
 In pursuance of an order of the surrogate of the county of 
 
 Albany, notice is hereby given to all persons having claims 
 
 against E. C, late of the city of Albany, deceased, to present 
 
 the same with the vouchers thereof, to the subscriber, at his 
 
 office, in the city of Albany, on or before the tenth day of 
 
 December next. 
 
 March 29, 1858. 
 
 A. C, Executor 
 
 (or Administrator.) 
 
408 PEACHCAL POEMS. 
 
 [ No. 634. ] 
 Petition hy creditor for order to account. 
 
 Albany County — 
 
 Surrogate's Court. 
 
 To B. B., Esq., Surrogate of Albany County : 
 •The petition of H. C. of said city, respectfully shows that 
 he is a creditor of the estate of E. C. deceased ; that the said 
 E. C, at the time of his death, was indebted to your peti- 
 tioner in the sum of one hundred dollars, and interest thereon 
 from Dec. 1, 1855 ; that the said indebtedness was for wearing 
 apparel, furnished said E. C. at divers times prior to said 
 Dec. 1; that one A. C. has been duly appointed by the 
 surrogate of Albany county, an executor of the last will and 
 testament (or administrator of the goods, &c.,) of the said E. 
 C, July 12, 1856, as appears by the records of said ofiice, 
 and that more than eighteen months have expired since such 
 appointment. 
 
 And your petitioner further shows that he is informed and 
 believes that the said E. C. left sufficient personal estate to 
 pay all his debts ; that your petitioner has since the expiration 
 of eighteen months from the time of the appointment of the 
 said A. C. executor, (or administrator) as aforesaid, applied 
 to him for the payment of the said indebtedness, from the 
 personal property of the said deceased, but that the said 
 executor (or administrator) has hitherto refused to make such 
 payment. 
 
 In consideration of the premises, and to the end that the 
 said A. C, executor (or administrator) as aforesaid, may be 
 required to pay to your petitioner the amount of his said 
 claim, in case there are sufficient moneys in his hands, and 
 in case there are not sufficient moneys in his hands, that your 
 petitioner may be enabled to make application for tlie sale of 
 the real estate of the said testator (or intestate) or so much 
 thereof as would be necessary to satisfy his said claim, your 
 petitioner prays that an order may be granted (or citation issued) 
 requiring the, said A. C. at a certain short day to be therein 
 specified, personally to appear in this court, and render an 
 
PRACTICAL FORMS. 409 
 
 account of his proceedings as sucli executor (or administrator) 
 aforesaid, and that such further or other proceedings, accord- 
 ing to law, and pursuant to the practice of this court, may be 
 thereon had, as may be requisite to enforce the payment of 
 your petitioner's claim aforesaid, and as to the surrogate shall 
 seem just and equitable. 
 
 March 29, 1858. 
 
 H. 0. 
 
 (Add jurat.) 
 
 [ No. 635. ] 
 
 Citation to executor or administrator to account. 
 
 The People of the State of New York, to E. C, executor 
 of the last will and testament (or administrator of the goods, 
 &c.,) of A. C, late of the city of Albany, deceased, greeting : 
 
 You are hereby cited and required personally to be and ap- 
 pear before our surrogate of Albany county, at his ofSce in the 
 city of Albany, on the 20th day of April, 1858, at ten o'clock 
 in the forenoon of that day, then and there to show cause why 
 the said surrogate should not decree payment against you of 
 the debt or claim of H. C, against the said E. C, upon an 
 alleged claim, duly presented against the estate of the said 
 E. C. 
 
 [ No. 636. ] 
 
 Application hy an executor or administrator for a final settlement. 
 
 County of Albany — 
 Surrogate's Court. 
 
 To B. B., Esq., Surrogate of Albany County : 
 The petition of E. C. respectfully shows, that having been 
 appointed by the surrogate of Albany county, executor of the 
 last wiU and testament, (or administrator of the goods, chat- 
 
410 PRACTICAL POEMS 
 
 tels, &c.,) of A. C, deceased ; that he eutered upon the duties of 
 his said trust; and that he is now ready to render an account of 
 his proceedings as such executor, (or administrator,) and that 
 he desires to have his said account finally settled : he therefore 
 petitions that a citation issue, requiring the creditors, lega- 
 tees, and next of kin of the said A. C, deceased, to appear 
 before the surrogate on some day therein to be specified, and 
 to attend the settlement of such account. 
 
 E.G. 
 (Add jurat.) 
 
 [ No. 637. ] 
 
 Citation for final settlement. 
 
 The People of the State of New York, to all persons in- 
 terested in the estate of A. C, late of the city of Albany, de- 
 ceased : 
 
 You are hereby cited and required to appear before our sur- 
 rogate, of our county of Albany, on the 10th day of June next, 
 at ten o'clock A. M., of that day, at his ofiice in the city of 
 Albany, then and there to attend the final settlement of the 
 account of E. C, executor of the last will and testament (or 
 administrator of the goods, chattels and credits) of the said 
 deceased. 
 
 In testimony whereof the official seal of the said surrogate 
 is hereunto affixed. Witness B. B., surrogate of the county 
 of Albany, this tenth day of March, one thousand eight hun- 
 dred and fifty-eight. 
 
 [l. S.J B. B., Surrogate. 
 
PEACTIOAL FORMS. 411 
 
 [ No. 638. ] 
 
 Final account of execution and administration. 
 
 The estate of E. C, deceased, to A. C, executor, (or ad- 
 ministrator :) 
 
 Dr. 
 1856, Jan. 4. To casli paid surrogate fees on grant- 
 ing letters, . . . . $11 12 
 " July 6. To cash paid advertising in Journal, 6 00 
 (So on, item by item.) 
 1858, March. To balance ready for distribution and 
 
 fees, . . . . 600 00 
 
 Contra. 
 
 Cr. 
 1856, Jan. 4. By cash in bank, . . . $300 00 
 
 " Feb. ,11. By cash on sale of store fixtures, . 500 00 
 
 &o., &c. 
 
 [ No. 639. ] 
 
 Oath to account. 
 
 Albany City and County, bs : E. C, the executor of the 
 last will and testament (or the administrator of the goods, &c.) 
 of A. C, deceased, being sworn, says, that the annexed ac- 
 count is in all respects just and true; that the same, according 
 to the best of his knowledge, information and behef, contains 
 a full and true account of all his receipts and disbursements^ 
 on account of the estate of the said deceased, and of all sums 
 of money and property belonging to the estate of the said de- 
 ceased, which have come to his hands as such administrator, 
 (or executor,) or which have been received by any other per- 
 son, by his order or authority, for his use ; and that he doth 
 not know of any error or omission in the said account, to the 
 prejudice of any of the parties interested in the estate of the 
 said deceased. 
 
412 PRACTICAL FORMS. 
 
 This deponent further says, that the sums under twenty 
 dollars, charged in the said account, for which no vouchers 
 or other evidences of payment are hereto annexed, or for 
 which he may not be able to produce vouchers or other evi- 
 dences of payment, have actually been paid and disbursed by 
 him as charged. 
 
 E. C. 
 
 Sworn, &c. 
 
 [ No. 640. ] 
 Final decree and decree for distribution. 
 
 (Title.) 
 
 The surrogate makes and records this summary statement 
 of the accounts of the executor (or administrator) aforesaid, as 
 finally settled, allowed and adjusted by him. (Here set out 
 a statement of the accounts.) And that several receipts and 
 vouchers having been read, approved and filed, it is ordered 
 that the said accounts be, and the same are settled and allowed 
 as filed and adjusted by the surrogate. 
 
 And it appearing that there is stiU in the hands of the said 
 executor (or administrator) for distribution, the sum of five 
 hundred dollars, it is further ordered that the said E. C. pay 
 the surrogate the sum of fifteen dollars, his fees herein, and 
 that after deducting his commissions he pay one-half the re- 
 mainder of said sum to Gr. C, the son of said E. C, and that 
 he pay the remaining half of said sum to B. E., the guardian 
 of S. C, the daughter of said E. 0. 
 
ODEX. 
 
 Absconding Debtor, &c., 
 Affidavit to attach, 15. 
 
 Absent Debtoe, 
 
 Order to publish against, 190. 
 
 Affidavit for order to publish against, 16. 
 
 Attachment against, 44. 
 
 Accord and Satisfaction, 
 Answer of, 282. 
 
 Account, 
 
 Of executor or administrator, 411, 
 Affidavit to copy furnished, 5. 
 Interlocutory judgment for, 91. 
 Demand of copy, 160. 
 Complaint on, 273. 
 Of general guardian, 362. 
 
 Accounting, 
 
 Complaint against agent for not, 233. 
 
 Acknowledgment, 
 Of undertakings, 1. 
 
 Actions, 
 
 Affidavit to consolidate, 21. 
 
 Notice of motion to consolidate, 164. 
 
 Order to continue against representatives, 194. 
 
 Order to consolidate, 195. 
 
414 INDEX. 
 
 Actions, 
 
 Order to strike from calendar, 212. 
 Affidavit of filing lis pendens, 11. 
 Notice of motion to continue, 174. 
 Order to continue by representatives,. 198. 
 On judgment, order for, 209. 
 
 Administratoes, 
 Bond, 402. 
 Oath, 403. 
 Letters to, 404. 
 Affidavit to inventory, 406. 
 Application for settlement, 409. 
 
 Adulteey, 
 
 Judgment dissolving marriage for, 116. 
 Judgment after trial for, 116. 
 
 Affidavit, 
 
 Annexed to summons against heirs, 826. 
 
 Annexed to summons against joint debtors, 327. 
 
 Of third party as to value of infants' estate, 373. 
 
 Of printing notice in foreclosure by advertisement, 381. 
 
 Of sureties in an undertaking, 1. 
 
 Of service of summons, 2 . 
 
 To complaint, answer or reply, 2. 
 
 To petition, 2. 
 
 Of service of notice of motion, 3. 
 
 To attach sheriff, 3. 
 
 To obtain copy papers, 4. 
 
 Of merits, 5. 
 
 To copy of account furnished, 5. 
 
 To move for judgment, as in case of nonsuit, 5. 
 
 " " " " " non pros, 6. 
 
 To move for a commission, 6. 
 Of agent who delivers commission, 7. 
 Of defendant's default, 8. 
 Of disbursements, 8. 
 To obtain order to file pleadings, 8. 
 To put off trial on account of acts of plaintiff, 9, 
 
INDEX. 415 
 
 Affidavit, 
 
 To put off trial on account of acts of witness, 9. 
 
 On claim of delivery of personal property, 10. 
 
 Of fiHng notice of action pending in foreclosure, 11. 
 
 To obtain a reference in a foreclosure action, 12. 
 
 To obtain surplus in a foreclosure action, 12. 
 
 Of service of a judge's order, 18. 
 
 To change place of trial, 13. 
 
 To petition for discovery, 14. 
 
 To obtain further bill of particulars, 15. 
 
 For attachment, 15. 
 
 For order to publish summons, 16. 
 
 (another form,) 16. 
 To obtain security for costs, 17. 
 To set aside default, 18. 
 To set aside inquest, 18. 
 On taxing costs, 19. 
 
 To stay proceedings on ijiotion for new trial, 20. 
 To move for reference, 20. 
 To oppose motion for reference, 21. 
 To consolidate actions, 21. 
 To move for a special jury, 22. 
 To move for costs of circuit, 23. 
 To move for new trial for irregularity, 23. 
 To move for new trial for newly discovered evidence, 24. 
 To set aside proceedings for irregularity, 24. 
 Of plaintiff, to examine witness de bene esse, 25. 
 Of defendant, to examine witness de bene esse, 25. 
 To hold to bail for injury to the person, 26. 
 " " » " " property, 27. 
 
 To hold to bail in slander, 27. 
 To obtain a ne exeat, 28. 
 To discharge a ne exeat, 28. 
 
 To examine judgment debtor in supplementary proceed- 
 ings, 29. 
 To examine third person as to judgment debtor, 29. 
 Of service of subpoena, 30. 
 To procure habeas corpus ad testificandum, 80. 
 To move to exonerate bail, 31. 
 
416 INDEX. 
 
 Affidavit, 
 
 "^j 
 
 Of publication of summons, or notice, 32. 
 
 To extend time to plead, 82. 
 
 To obtain order to perpetuate testimony, 33. 
 
 For warrant against ships and vessels, 33. 
 
 On sale of real estate, 34. 
 
 To obtain injunction, 40. 
 
 To pleading by agent or attorney, 34. 
 
 On application for attachment against sheriff, 35. 
 
 Of filing lis pendens or other paper, 85. 
 
 For attachment against non-resident, 35. 
 
 To obtain a ne exeat, 36. 
 
 For order to publish summons in foreclosure, 87. 
 
 For leave to issue execution, 37. 
 
 To appoint guardian of infant defendant, 38. 
 
 Of claim by third person to personal property, 39. 
 
 To obtain warrant in supplementary proceedings, 39. 
 
 Annexed to petition for commission of lunacy, 119. 
 
 To obtain order to correct mistake, 210. 
 
 To bring in joint debtors, 327. 
 
 Against heirs, devisees and legatees, 326. 
 
 Of appraisers, 405. 
 
 Of executor or administrator, 406. 
 
 Of creditor to his claims, 407. 
 
 To final account of executor and administrator, 411. 
 
 Agent, 
 
 Affidavit of, who delivers a commission, 7. 
 Complaint against, for not accounting, 233. 
 Complaint against, for selling on credit, 234. 
 
 Alternative Mandamus, 144. 
 
 Alimony, 
 
 Wife's petition for, 349. 
 Order allowing, 350. 
 
 Amendment, 
 
 Notice for leave for, 163. 
 
 Of pleading, order allowing, 199. 
 
 Proposed to case, 56. 
 
INDEX. 417 
 
 Answer, 
 
 Affidavit to, 2. 
 
 Order for further time for, 183. 
 
 Commencements of, 279. 
 
 Coverture of plaintiff, 279. 
 
 Coverture of defendant, 280. 
 
 Infancy of plaintiff, 280. 
 
 Defect of party plaintiff, 280. 
 
 Statute of limitations, 281. 
 
 Of duress, 281. 
 
 Of release, 281. 
 
 Of payment, 282. 
 
 Accord and satisfaction, 282. 
 
 Discharge under insolvent act, 282. 
 
 Of usury, 283. 
 
 Statute of frauds, 284. 
 
 Arbitrament and award, 284. 
 
 Judgment recovered, 285. 
 
 Claiming set-off, 286. 
 
 Non-compliance with insurance policy, 288. 
 
 Plaintiff committed first assault, 287. 
 
 Defendant was preserving peace, 287. 
 
 Justifying charge of perjury, 288. 
 
 Specific denial, 289. 
 
 Another action pending, 290. 
 
 Of infant foreclosure, 290. 
 
 Of general denial, 290. 
 
 Conclusions of, 291. 
 
 To appeal from surrogate, 396. 
 
 Notice of motion for judgment on frivolous, 165. 
 
 Order for judgment on frivolous, 212. 
 
 Appeal, 
 
 Judgment of affirmance on, 90. 
 Judgment of reversal on, 90. 
 To the general term, notice ofj 154. 
 Execution on, 80. 
 Undertaking for costs on, 334. 
 
 27 
 
418 INDEX. 
 
 Appeal, 
 
 Undertaking to stay execution on, 835. 
 Erom surrogate, 893. 
 
 Appbaisal, 
 
 Notice of, 405. 
 
 Appeaisees, 
 
 Affidavit of, 405. 
 
 Aebiteament aitd Awabd, 
 Answer of, 284. 
 
 Aegument, 
 
 Notice of, 151. 
 
 Undertaking on, 331. 
 iTndertaking to discliarge, 332. 
 Notice of motion to discharge from, 162. 
 Of judgment, notice of motion in, 170. 
 Of judgment debtor, warrant for, 389. 
 Notice of motion to vacate order for, 178. 
 Order for, and hold to bail, 180. 
 Eetum of, 312. 
 
 Assessment, 
 
 Of damages, notice of, 149. 
 Of damages, order for, 201. 
 Eeport of clerk, 292. 
 
 Assault and Battery, 
 Complaint in, 246. 
 Answer of self defence in, 287. 
 Answer, defendant was keeping the peace, 287. 
 
 Assignment, 
 
 Of bail bond by sheriff, 40. 
 
 To receiver, chap. 2, title 9, of Code, 85^. 
 
 Attachment, 
 
 Of sheriff, affidavit for, 3. 
 
INDEX. 419 
 
 Attachment, 
 
 Of sheriff, second affidavit for, 35. 
 
 Of defendant, affidavit for, 15. 
 
 Against sheriff, 40. 
 
 Against sheriff, (another form,) 41. 
 
 Against coroner, 42. 
 
 Against witness, 43. 
 
 Against absent, concealed and non-residenta, 44. 
 
 Bond on discharge against ships, 46. 
 
 Notice of motion to discharge, 179. 
 
 Order to show cause why not issue, 207. 
 
 Against a non-resident, affidavit for, 35. 
 
 Execution on, 75. 
 
 Of sheriff, order for, 199. 
 
 Of witness, order for, 200. 
 
 Order to show cause, why not issue, 189. 
 
 Order to show cause, why not issue, (another form,) 207. 
 
 For contempt, order for, 208. 
 
 Eeturn to, 317. 
 
 Return to, with inventory, 343. 
 
 Of ships and vessels, 342. 
 
 Undertaking on, 830. 
 
 Undertaking to discharge, 331. 
 
 Warrant for, 338. 
 
 Attoenet, 
 
 Consent for substitution of, 328. 
 
 Notice of substitution of, 157. 
 
 Notice of substitution of, (another form,) 328. 
 
 Complaint on bill of, 274. 
 
 Bail, 
 
 Affidavit to hold for injury to the person, 26. 
 Affidavit to hold, for injury to property, 27. 
 Affidavit to hold in slander, 27. 
 Affidavit to move for exoneretur, 81. 
 Assignment of by sheriff, 40. 
 Notice of render in discharge of, 153. 
 To arrest and hold to, 180. 
 Order for mitigation of, 181. 
 
420 INDEX. 
 
 Bail, 
 
 For a committitur on surrender of, 181. 
 Notice of exception to, 149. 
 
 Bailee, 
 
 Complaint for not taking care of goods, 235. 
 
 Bill, 
 
 Of plaintiff's particulars, 44. 
 
 Of defendant's particulars, 45. 
 
 Of exchange, complaint against acceptor, 228. 
 
 Of excliange, complaint of acceptor against drawer, 223. 
 
 Of excliange, complaint against acceptor, drawer and in- 
 dorser, 224. 
 
 Of excliange, complaint against maker for non-accept- 
 ance, 225. 
 
 Of plaintiff's particulars, alternative order for, 184. 
 
 Of plaintiff's particulars, peremptory order for, 184. 
 
 Of defendant's particulars, alternative order for, 184. 
 
 Of defendant's particulars, peremptory order for, 185. 
 
 Affidavit for further, 15. 
 
 Bond, 
 
 For defendant's costs, 45. 
 
 On discharge of attachment against ships, 46. 
 
 To a sheriff on a ne exeat, 46. 
 
 To discharge a ne exeat, 47. 
 
 Of a receiver, 48. 
 
 Of receiver under chap. 2, title 9, of Code, 49. 
 
 ,0f general guardian, 50. 
 
 Of guardian ad litem, in partition, 51. 
 
 Of guardian, on sale of infant's estate, 52. 
 
 On allowing injunction, 53. 
 
 For payment of money, complaint on, 226. 
 
 Other than payment for money, complaint on, 228. 
 
 To wife before coverture, complaint on, 229. 
 
 Of next friend, in partition, 367. 
 
 Of guardian, on sale of infant's estate, 374. 
 
 On appeal from surrogate, 393. (See " Undertaking.") 
 
 Of committee of lunatic, 134. 
 
 Of administrator, 402. 
 
INDEX. 421 
 
 Books, 
 
 Affidavit to obtain discovery of, 14. 
 
 Beeach, 
 
 Of promise to marry, complaint on, 236. 
 
 Calendar, 
 
 ISTotice of motion to strike cause from, 177. 
 Order to strike action from, 212. 
 
 Carrier, 
 
 Complaint against, for loss of goods, 232. 
 
 Case, 
 
 Memorandum of, made at trial, 55. — 
 
 Special, prepared at trial, 55. 
 Amendments proposed to, 56. 
 To move for a new trial, 57. 
 
 Certificate, 
 
 Of clerk, as to filing notice of lis pendens, 58. 
 Of clerk, that pleadings are not filed, 58. 
 Of sheriif, on committitur of defendant, 58. 
 Of sheriff, of defendant being in custody, 59. 
 Of service of summons and complaint, 59. 
 Of service of subpoena, 59. 
 Of deposit of money in place of undertaking, 60. 
 To purchaser of land, 60. 
 Of sheriEF, (see ' ' Eeturn.") 
 
 Check, 
 
 Complaint against maker, 221. 
 
 Complaint against maker and indorser, 222. 
 
 Circuit, 
 
 Affidavit to move for costs of, 23. 
 Notice of motion for costs of, 167. 
 Order for a reference at, 193. 
 Order to put off trial at, 194. 
 Order for costs of, 197. 
 
422 INDEX. 
 
 ClECUIT, 
 
 Subpoena for, 319. 
 Subpcena ticket for, 319. 
 Subpoena for party for, 820. 
 Subpoena ticket for party for, 321. 
 Stipulation to put over, 324. 
 Notice of trial at, 150. 
 
 Citation, 
 
 To prove will, 899. 
 
 Proof of service of, 399. 
 
 To account, 409. 
 
 To attend final settlement, 410. 
 
 Claim, 
 
 Of personal property, affidavit on, 10. 
 
 IN'otice of none against defendant, 155. 
 
 In partition, notice of none, 157. 
 
 To surplus moneys, notice of, 158. 
 
 Against sbips and vessels, 345. 
 
 To real property, to compel the determination of, 389. 
 
 Clerk's Eeport, 
 
 On assessment of damages, 292. 
 That pleadings are not filed, 58. 
 Of filing lis pendens, 58. 
 
 Commission, 
 
 Affidavit for, 6. 
 
 Affidavit of agent who delivers, 7. 
 
 To examine foreign witnesses, 61. 
 
 Notice of application for, 151. 
 
 Notice of settling interrogatories on, 151. 
 
 Interrogatories on, 84. 
 
 Cross interrogatories, 85. 
 
 Notice of motion for, 167. 
 
 Order for, 185. 
 
 Summons for a witness in, 323. 
 
 Of lunacy, petition for, 119. 
 
 Affidavits annexed to, 119. 
 
INDEX. 423 
 
 Commission, 
 
 Petition for, on account of old age, 120. 
 
 To ascertain validity of marriage, petition for, 121. 
 
 Of idiocy, petition for, 122. 
 
 Against an habitual drunkard, 123. 
 
 Order for, in lunacy, &c., 124. 
 
 To inquire as to idiocy or lunacy, 125. 
 
 Of idiocy or lunacy, return to, 126. 
 
 To inquire as to habitual drunkenness, 126. 
 
 Subpoena for witnesses on execution of, 180. 
 
 Oaths to jurors and witnesses on executing, 131. 
 
 To committee of a lunatic, 186. 
 
 Petition to supersede, in lunacy, 141. 
 
 Order to supersede, 142. 
 
 Supersedeas o^ 142. 
 
 COMMISSIONEES, 
 
 In partition, order for, 213. 
 
 Oath of, 215. 
 
 Eeport of, in partition, 304. 
 
 Order for, in dower, 386. 
 
 In dower, oath o£, 887. 
 
 In dower, order confirming report, 888. 
 
 In dower, report of, 887. 
 
 Commitment, 
 
 For contempt, warrant for, 889. 
 Certificate of, 58. 
 
 Committee, 
 
 Of lunacy, bond of, 134. 
 
 Order appointing, 134. 
 
 Commission to, 136. 
 
 Petition to seU or mortgage property, 137. 
 
 Order authorizing to sell real estate, 138. 
 
 Eeport of sale, 139. 
 
 Of lunatic, complaint by, 266. 
 
 Complaint, 
 
 Proof of service of, 2. 
 
424 INDEZ. 
 
 Complaint, 
 
 Affidavit to, 2. 
 
 Jiadgment on dismissal of, 89. 
 
 Demand of copy, 147. 
 
 Order for further time to prepare, 183. 
 
 Against maker of a promissory note, 220. 
 
 Against maker and indorser of a note, 220. 
 
 On check against maker, 221. 
 
 On check against maker and indorser, 222. 
 
 On bill of exchange against acceptor, 223. 
 
 On bill of exchange, acceptor against drawer, 223. 
 
 On bill of exchange against acceptor, drawer and indoTser^ 
 
 224. 
 On bill of exchange against maker for non-acceptance, 
 
 225. 
 For work, labor and services, 225. 
 For goods sold and delivered, 226. 
 For use and occupation, 226. 
 On bond for payment of money, 226. 
 On undertaking on appeal, 227. 
 On bond other than for payment of money, 228. 
 Commencement of by corporation, 265. 
 Against corporation, 265. 
 By infant plaintiff, 265. 
 By executor, 266. 
 By administrator, 266. 
 By committee of a lunatic, 2&6. 
 Against executors, 268. 
 
 Against a partnership, commencement oJ^ 269i. 
 By partners, 269. 
 On a lease, 269. 
 
 By receiver in supplementary proceedings, 270. 
 Upon an account stated, 273. 
 Upon an attorney's bUl, 274. 
 In ejectment, 274. 
 By husband and wife on bond to wife before coverture, 
 
 229. 
 By executor on policy of hfe insurance, 230. 
 On policy of insurance for goods, &c., 230. 
 
INDEX. 425 
 
 Complaint, 
 
 Against lessee for rent, 231. 
 For tlie non-delivery of goods sold, 232. 
 Against carrier for loss of goods, 232. 
 Against agent for not accounting, 233. " ' 
 Against agent for selling on credit, 234. 
 Against bailee for not taking care of goods, 235. 
 For breach of promise to marry, 236. 
 
 " " " (another form,) 236. 
 
 Against a mecbanic for bad work, 237. 
 Against innkeeper for loss of a trunk, 238. 
 For keeping a dog accustomed to bite mankind, 238. 
 For keeping a dog accustomed to bite steep, &c., 239. 
 For libel, 240. 
 For slander, 241. 
 
 For crim. con. witb plaintiff's wife, 241. 
 For debauching daughter or servant, 242. 
 For infringement of trade mark, 243. 
 On a covenant of quiet enjoyment, 245. 
 For the delivery of personal property, 246. 
 For assault and battery, 246. 
 For false imprisonment, ,247. 
 For trespass to real property, 248. 
 For trespass in taking goods, 249. 
 On undertaking on injunction, 249. 
 Against sheriff, for false return, 250. 
 Against sheriff, for not making return, 251. 
 Against sheriff, for an escape, 251. 
 For breach of warranty of a horse, 252. 
 For work, labor and materials, 253. 
 To dissolve marriage, because of non-age, 254. 
 To dissolve marriage, because of lunacy, 255. 
 To dissolve marriage, for physical incapacity, 256. 
 To dissolve marriage, because of adultery, 257. 
 To obtain a limited divorce, 259. 
 To foreclose a mortgage, 261. 
 In ejectment, 274. 
 In ejectment for dower, 275. 
 In partition of infants' estate, 368. 
 
426 INDEX. 
 
 Complaint, 
 
 For moneys paid, 262. 
 In partition, 263. 
 
 COMPEOMISE, 
 
 Notice of offer to, 159. 
 Acceptance of offer, 159. 
 
 Confession, 
 
 Judgment on, 118. 
 
 Consent, 
 
 Of guardian ad litem, 62. 
 
 Of next friend, 62. 
 
 To serve as special guardian to prove ■wiU, 398. 
 
 Consolidate Actions, 
 Affidavit to, 21. 
 Order to, 195. 
 Notice of motion to, 164. 
 
 Contempt, 
 
 Order for attachment for, 208. 
 Warrant of commitment for, 339. 
 
 Copy, 
 
 Of papers, affidavit to obtain, 4. 
 
 Of account, furnished affidavits to, 5. 
 
 Of contract, order to furnish, 182. 
 
 COEONEE, 
 
 Attachment against, 42. 
 
 Coeporation, 
 
 Execution of bond by, 351. 
 Foreign, attachment against, 44. 
 Commencement of complaint, 265. 
 
 Costs, 
 
 Affidavit to obtain security, 17. 
 Affidavit on taxing, 19. 
 
INDEX. 427 
 
 Costs, 
 
 Of circuit, affidavit for, 23. 
 
 Bond for defendants, 45. 
 
 Execution for interlocutory, 72. 
 
 Notice of filing security for, 160. 
 
 Notice of taxing, 153. 
 
 Of a circuit, notice of motion for, 167. 
 
 Notice of motion for security for, 169. 
 
 Alternative order to furnish security for, 183. 
 
 Peremptory order to furnish security for, 193. 
 
 " " (another form,) 183. 
 
 Order for extra allowance, 194. 
 Order for costs of a circuit, 197. 
 In foreclosure, by advertisement, 383. 
 
 COUISTTERMAND, 
 
 Notice of, 154. 
 
 Counts, 
 
 In pleading, order to strike out, 197. 
 
 Covenant, 
 
 For quiet enjoyment, complaint on, 245. 
 
 COVEETURE, 
 
 Plea of, 280. 
 
 Ceim. Con., 
 
 Complaint for, 241. 
 
 Damages, 
 
 Notice of assessment of, 149. 
 Order for assessment of, 201. 
 
 Daughter, 
 
 Complaint for debauching, 242. 
 
 Decision, 
 
 Notice of, 153. 
 
 Of referee, 293. 
 
 Of court on inquest, 115. 
 
 Of judge on sale in foreclosure, 93. 
 
428 INDEX. 
 
 Deed, 
 
 Sheriff's, on sale under execution, 69. 
 Sheriff's, on partition or mortgage, 71. 
 Complaint on covenant in, 245. 
 On sale of infant's estate, 377. 
 Of referee in partition, 62. 
 Of special guardian, 64. 
 By committee of lunatic, 66. 
 Of referee in foreclosure, 67. 
 
 Default, 
 
 Of defendant, proof of, 8. 
 
 Af&davit to set aside, 18. 
 
 Notice to set aside judgment in, as irregular, 162. 
 
 Judgment on, 86. 
 
 Dependant's Default, 
 Proof of, 8. 
 Costs, bond for, 45. 
 Exceptions, 54. 
 
 Defendant, 
 
 Certificate of commitment of, 58. 
 
 " being in custody, 59. 
 
 Judgment for, 88. 
 
 Notice of no claim against, in foreclosure, 155. 
 Notice of motion for discharge of, 162. 
 Notice to set aside default of, 162. 
 
 Deficiency, 
 
 Execution for, in foreclosure, 75. 
 
 Demand, 
 
 To have action tried in proper county, 158. 
 
 Of copy account, 160. 
 
 Of dehvery of personal property, 160. 
 
 Demueeer, 
 
 For defect of plaintiff, 276. 
 
 " (another form,) 277. 
 
 For defect of defendant, 277. 
 
INDEX. 429 
 
 DEMrEEER, 
 
 For misjoinder of action, 277. 
 
 Not suificient facts to show cause of action, 278. 
 
 To answer, for insufficiency, 278. 
 
 Denial, 
 
 Answer of specific, 289. 
 Answer of general, 291. 
 
 Deposit, 
 
 Waiver of, 338. 
 
 In lieu of undertaking, proof of, 60. 
 
 Disbursements, 
 Proof of, 8. 
 
 Discharge, 
 
 Of bail, notice of render in, 153. 
 From arrest, notice of motion for, 162. 
 Under insolvent act, answer of, 282. 
 
 Discovert, 
 
 Afiidavit to petition of, 14. 
 
 Notice of motion for, 152. 
 
 Order for judgment debtor to make, 186. 
 
 Of papers, petition to compel, 218. 
 
 Divorce, 
 
 Judgment on default of defendant, 116. 
 Judgment after trial of an issue, 116. 
 Judgment for a limited, 117. 
 Complaint for, because of non age, 254. 
 Complaint for, because of lunacy, 255. 
 Complaint for, physical incapacity, 256. 
 Complaint for, on account of adultery, 257. 
 Complaint to obtain a limited, 259. 
 Eeport for, in adultery, 298. 
 
 Dog, 
 
 Accustomed to bite mankind, complaint on, 238. 
 Accustomed to bite sheep, complaint on, 239. 
 
430 INDEX. 
 
 DOWEB, 
 
 Complaint in, 275. 
 Petition for, 385. 
 Proceedings to obtain, 384. 
 
 Drunkabd, 
 
 Petition for a commission against, 123. 
 Order for a commission against, 124. 
 Commission to inquire as to, 126. 
 Precept to sheriff for jury on a commission, 128. 
 Notice to, of executing commission, 129. 
 Inquisition in cases of, 131. 
 
 DUEESS, 
 
 Plea of, 281. 
 
 Ejectment, 
 
 ~ Complaint in, 274. 
 For dower, complaint in, 275. 
 
 Examination, 
 
 Of party out of court, notice of, 155. 
 
 Exceptions, 
 
 On tlie part of the defendant, 54. 
 Notice of settlement of, 152. 
 
 Execution, 
 
 Order for leave to issue, 201. 
 
 Undertaking to stay, 335. 
 
 Order to set aside, 195. 
 
 Undertaking to stay sale of property in, 336. 
 
 For interlocutory costs, 72. 
 
 Undertaking to stay, in foreclosure, 337. 
 
 Affidavit for leave to issue, 37. 
 
 Where attachment has issued, 75. 
 
 For deficiency in foreclosure, 75. 
 
 On judgment for money, 73. 
 
 On judgment for money, (another form,) 74. 
 
 Against an executor, 77. 
 
INDEX. 431 
 
 Execution, 
 
 Against the person, 78. 
 
 To deliver possession of property, 79. 
 
 To deliver property and for damages, 79. 
 
 On afBrmance of judgment, 80. 
 
 On reversal of judgment, 81. 
 
 Notice to return, 146. 
 
 Notice of motion to set aside, 171. 
 
 Notice of motion for leave to issue, 171. 
 
 Eeturn to, 309. 
 
 EXECUTOE, 
 
 Execution against, 77. 
 
 Complaint by, on life insurance policy, 230. 
 
 Complaint against, 268. 
 
 Oath of, 401. 
 
 EXONEBETUK, 
 
 Of bail, affidavit for, 31. 
 
 To be indorsed on bail piece, 72. 
 
 Order to show cause why should not enter, 181. 
 
 Order for, 182. 
 
 Order for, (another form,) 182. 
 
 False Imprisonment, 
 Complaint for, 247. 
 
 FiEEi Facias. (See " Execution.") 
 
 Filing, 
 
 Of pleadings, affidavit for order for, 8. 
 Security for costs, notice of, 150. 
 
 Final Decree, 
 
 In Surrogate's Court, 412. 
 
 Foreclosure, 
 
 Proof of filing lis pendens in, 11. 
 Affidavit to obtain a reference, 12. 
 Affidavit to obtain surplus, 12. 
 Judgment of sale in, 100. 
 
432 INDEX. 
 
 FORECLOSUEE, 
 
 Judgment of sale — part not due, 105. 
 
 Lis pendens in,- 156. 
 
 Order of reference — all due — no infants, 205. 
 
 Deed of referee, 67. 
 
 Execution for deficiency in, 75. 
 
 Decision of judge in, at circuit, 93. 
 
 Judgment of sale at circuit, 95. 
 
 Decision of judge on default, 97. 
 
 Eeport of sale by referee, 354. 
 
 Order of reference — all due — absent defendants, 205. 
 
 Order of reference — all due — infant defendants, 206. 
 
 Order of reference — part not due, 207. 
 
 Order on deficiency in, 209. 
 
 Complaint for, 261. 
 
 Eeport of amount due — all due, 294. 
 
 Eeport in — not all due — not sold in parcels, 295. 
 
 Eeport in — part not due — infant defendants, 297. 
 
 Undertaking to stay execution in, 337. 
 
 By advertisement, 380. 
 
 Notice of no personal claim, 155. 
 
 General Denial, 
 Answer of, 290. 
 Answer of infant in foreclosure, 290. 
 
 Goods Sold, 
 
 Complaint for, 226. 
 Complaint for non-delivery of, 232. 
 Complaint against carrier for loss of, 232. 
 Complaint for not taking care of, 235. 
 
 Guardian, 
 
 Bond of general, 50. 
 
 Ad litem in partition, bond of, 51. 
 
 On sale of infants' estate, bond of, 52. 
 
 Consent of, 62. 
 
 Order appointing, for infant plaintiff, 179. 
 
 Order appointing, for infant defendant, 180. 
 
 Order appointing, (another form,) 180. 
 
INDEX. 433 
 
 Guardian, 
 
 Notice of motion to appoint, 172. 
 Petition to appoint, for plaintiff, 216. 
 Petition to appoint, for defendant, 217. 
 On sale of infants' estate, order for, 373. 
 On sale of infants' estate, bond of, 374. 
 On sale of infants' estate, report of, 375. 
 On sale of infants' estate, deed by, 377. 
 On sale of infants' estate, final report, 379. 
 In dower, petition for, 384. 
 ' Order appointing, in dower, 385. 
 A fR davit to appoint for defendant, 38. 
 Petition to appoint a general, 357. 
 Order appointing general, 359. 
 Inventory by general, 361. 
 Account current of, 362. 
 
 Habeas Corpus, 
 
 For witness, afi&davit for, 80. 
 Ad testificandum, 82. 
 Eeturn to, 315. 
 For detention, writ of, 341. 
 
 Idiocy, 
 
 Order for a commission as to, 124. 
 Commission to inquire as to, 125. 
 Notice to idiot of executing commission, 129, 
 Inquisition in cases of, 131. 
 
 Infancy op Plaintiff, 
 Answer of, 280. 
 
 Infant, 
 
 Plaintiff, petition to appoint guardian for, 216. 
 Defendant, petition to appoint guardian for, 217. 
 General answer of, in foreclosure, 290. 
 Estate, petition for partition of, 363. 
 Consent of next friend in partition of, 366. 
 Estate, order appointing next friend in partition, 366, 
 Estate, bond of next friend in partition, 367, 
 28 
 
434 INDEX. 
 
 Infant, 
 
 Complaint in partition of estate of, 868. 
 
 Petition to sell real estate of, 373. 
 
 Affidavit of third person as to value of estate of, 371. 
 
 Order appointing guardian to sell estate of, 373. 
 
 Bond of guardian on sale of estate of, 374. 
 
 Report of guardian of agreement to sell estate of, 375. 
 
 Order confirming sale of estate of, 376. 
 
 Deed by special guardian of estate of, 377. 
 
 Final report of investment of proceeds of estate of, 379. 
 
 Defendant, affidavit to appoint guardian for, 38. « 
 
 Estate, bond of guardian on sale of, 52. 
 
 Bond of general guardian of, 50. 
 
 Bond of guardian ad litem in partition, 51. 
 
 Defendant, notice of motion to appoint guardian for, 172. 
 
 Plaintiff, order appointing guardian for, 179. 
 
 Plaintiff, commencement of complaint, 265. 
 
 Injunction, 
 
 Affidavit to obtain, 40. 
 
 Bond on allowing, 53. 
 
 Preliminary, 82. 
 
 Preliminary, (another form,) 83. 
 
 Perpetual, 84. 
 
 Notice of motion to dissolve, 171. 
 
 Notice of motion for, 179. 
 
 On complaint of interpleader, order for, 208. 
 
 Undertaking, complaint on, 249. 
 
 Undertaking on, 330. 
 
 Injury, 
 
 To person, affidavit to hold to bail for, 26. 
 To property, affidavit to hold to bail for, 27. 
 
 Innkeeper, 
 
 Complaint against, for loss of trunk, 238. 
 
 Inquest, 
 
 Judgment on, 89. 
 Decision of court on, 115. 
 
inde:x. 435 
 
 Inquest, 
 
 Notice of motion to set aside irregular, 168, 
 Notice of motion to set aside a regular, 169L 
 Af&davit to set aside, 18. 
 
 Inquisition, 
 
 In cases of lunacy, 181. 
 
 Insurance, 
 
 Policy for life, complaint by executor on, 230. 
 For goods, complaint on, 230. 
 Answer of non-compliance, 286. 
 
 Interpleader, 
 
 Order for an injunction in, 208. 
 
 Interrogatories, 
 
 To examine a witness, 84. 
 Notice of settling, 151. 
 
 Inventory, 
 
 Of executor or administrator, 406. 
 
 Irregularity, 
 
 Af&davit for new trial for, 23. 
 
 Affidavit to set aside for, 24. 
 
 Notice of motion to set aside proceedings for, 170. 
 
 Issue, 
 
 Note of, for circuit, 146. 
 Note o^ for general term, 146. 
 Feigned, order for trial o^ 198. 
 
 Judge, 
 
 Decision of, sale in foreclosure at circuit, 93. 
 Decision of, sale in foreclosure on default, 97. 
 Decision of, notice of, 153. 
 Decision of, on default at circuit, 292. 
 Decision of, in favor of plaintiff at circuit, 292. 
 Decision of, in favor of defendant at circuit, 293. 
 Order of, proof of service of, 13, 
 
436 INDEX. 
 
 JtTDQMENT, 
 
 As in case of nonsuit, affidavit for, 5. 
 
 As in case of non pros, affidavit for, 6. 
 
 Debtor, affidavit to examine, 29. 
 
 Debtor, affidavit to examine creditors, 29„ 
 
 On default of all defendants, 86. 
 
 On default, part defendants served, 86. 
 
 On application to the court, 87. 
 
 For plaintiff, on issue of fact, 87. 
 
 Execution, 73. 
 
 Order for leave to bring action on, 209. 
 
 For defendant, 88. 
 
 On report of referees, 88. 
 
 After nonsuit, 88. 
 
 On dismissal of complaint, 89. 
 
 On inquest, 89. 
 
 Of affirmance on appeal, 90. 
 
 Of reversal on appeal, 90. 
 
 Interlocutory for an account, 91. 
 
 For specific performance, 91. 
 
 Of sale in foreclosure, 100. 
 
 " " at circuit, 95. 
 
 In foreclosure, part not due, sold in parcels, 105, 
 Of sale in .partition, 108. 
 For actual partition, 113. 
 For actual partition, (another form,) 114. 
 Of divorce, on default of defendant, 116. 
 On inquest, decision of court, 115. 
 Of divorce, on trial of an issue, 116. 
 For a limited divorce, 117. 
 On confession, 118. 
 
 On default, notice to set aside as irregular, 162. 
 Notice of motion for, on frivolous pleading, 165^ 
 Notice of motion for, as in case of nonsuit, 168. 
 Notice of motion to set aside, 171. 
 Notice of motion in arrest of, 170. 
 Debtor, order to make discovery, 186. 
 Debtor's creditors, order to examine, .187. 
 Debtor's property, order for receiver of, 187, 
 
INDEX. 437 
 
 Judgment, 
 
 Order that debtor's property be applied, 188. 
 On frivolous pleading, order for, 212. 
 Eecovered, answer of, 285. 
 Debtor, warrant to arrest, 339. 
 Satisfaction of, 817. 
 
 Debtor's creditor, sheriff's receipt to, 318- 
 Af&davit to bring in joint debtors in, 827. 
 Af&davit to bring in heirs,' &o., in, 326. 
 To determine claims to real property, 391. 
 On plea of disclaimer to real property, 392. 
 Against absent defendant, 92. 
 Of sale in foreclosure with personal claim, 102. 
 Of sale in foreclosure, (another form,) 104. 
 Notice of entry of, 173. 
 Transcript of, in foreclosure, 328- 
 Transcript of, 329. 
 
 Judgment Debtob, 
 
 Af&davit to examine, 29. 
 AfS.davit to examine creditor o^ 23? 
 
 Judgment Roll, 
 
 List of papers. in, 103. 
 
 Jury, 
 
 Affidavit for a special, 22. 
 
 Notice of motion for a special, 166. 
 
 Notice of motion for a foreign, 166. 
 
 Order for a special or struck, 192. 
 
 Order for a foreign, 192. 
 
 Precept to summon in cases of lunacy, 128. 
 
 Oath of, in lunacy cases, 131. 
 
 Notice of motion to confirm finding of, 13B. 
 
 Order confirming the finding of, 134 
 
 Justification of Sureties, 
 In an undertaking, L 
 Notice of, 148. 
 And adding notice of, 148. 
 
438 INDEX. 
 
 Justices' Couet, 
 
 Undertaking on plea of title, 335. 
 Undertaking on arrest, plea of title, 336. 
 
 Lease, 
 
 Complaint on, 269. 
 
 Lettees, 
 
 Of administration, 404. 
 Testamentary, 401. 
 
 Libel, 
 
 Complaint for, 240. 
 '^Answer justifying, 288. 
 
 Lis PendenSj 
 
 Proof of filing in foreclosure, II 
 Clerk's certificate of filing, 58. 
 In foreclosure, 156. 
 In partition, 16.6^ 
 
 Lunacy, 
 
 Petition for a commission for, 119. 
 
 Affidavits annexed to petition for, 119. 
 
 Order for a commission ofj 124. 
 
 Commission to inquire as to, 125. 
 
 "Warrant to produce lunatic, 129. 
 
 Inquisition in cases of, 131. 
 
 Notice to appoint a committee in, 133. 
 
 Order confirming the finding of a jury in, 134. 
 
 Bond of committee of a lunatic, 134. 
 
 Commission to committee of, 136. 
 
 Petition to sell or mortgage estate of a lunatic, 137. 
 
 Petition to supersede commission of, 141. 
 
 Supersedeas of a commission of, 142. 
 
 Order to supersede commission of, 142. 
 
 Lunatic, 
 
 Complaint for divorce against, 255. 
 Deed by committee of, 66. 
 
INDEX. 439 
 
 Mandamus, 
 
 Alternative, 144. 
 Peremptory, 145. 
 Notice of motion for, 178. 
 Order for, 200. 
 
 Marriage, 
 
 Complaint to dissolve for non-age, 254. 
 Complaint to dissolve for lunacy, 255. 
 Complaint to dissolve for physical incapacity, 256. 
 Complaint to dissolve for adultery, 257. 
 Petition to ascertain validity of, 121. 
 Complaint for breacli of promise of, 236. 
 
 Mechanic, 
 
 Complaint against for bad work, 237. 
 
 Merits, 
 
 Af&davit of, 5. 
 
 Misjoinder of Cause of Action, 
 Demurrer for, 277. 
 
 Mitigation of Bail, 
 Order for, 181. 
 
 MOLLITEE MaNUS ImPOSUIT, 
 
 Answer of, 287. 
 
 Money, , 
 
 Notice of claim to surplus, 158. 
 
 Notice of motion to restore levied, 171. 
 
 Notice of motion to obtain surplus, 177. 
 
 Levied, order to restore, 195. 
 
 Order for reference on claim to surplus, 202. 
 
 Order to pay surplus, 202. 
 
 Mortgage, 
 
 Sheriff's deed on sale under, 71. 
 Judgment for foreclosure of, 100. 
 
440 INDEX. 
 
 MOETGAGE, 
 
 Judgment — part not due — sold in parcels, 105. 
 Complaint to foreclose, 261. 
 Foreclosure of, by advertisement, 380. 
 Of lunatic's estate, petition for, 137. 
 (See "Foreclosure.") 
 
 Motion, 
 
 Proof of service of notice of, 3. 
 Execution for costs of, 72. 
 Notice of, (see " Notice.") 
 
 New Teial, 
 
 Order for, 196. 
 
 Order denying, 196. 
 
 Affidavit for, for irregularity, 23. 
 
 Case to move for, 57. 
 
 To set aside nonsuit, and for a, 169. 
 
 Affidavit for, on new evidence, 24. 
 
 Ne Exeat, 
 
 Affidavit for, 28. 
 
 Affidavit to discharge, as of non pros, 28. 
 
 Bond to sheriff on, 46. 
 
 Bond to discliarge, 47. 
 
 Writ of, 145. 
 
 Affidavit to obtain, 36. 
 
 Next Friend, 
 
 Consent of, 62. 
 
 Bond of, in partition, 367. 
 
 Non Joinder op Parties, 
 Demurrer for, 277. 
 
 Nonsuit, 
 
 Affidavit for judgment, as in case of, 5. 
 
 Judgment after, 88. 
 
 Notice of motion for judgment as in case of, 168. 
 
INDEX. 441 
 
 Nonsuit, 
 
 Notice of motion to set aside, 169. 
 Order setting aside, 196. 
 
 NoN Pros, 
 
 Affidavit for judgment as in case of, 6. 
 Af&davit for discharge in ne exeat, 28. 
 
 Note of Issue, 
 
 For circuit, 146. 
 
 For general term, 146. 
 
 Notice, 
 
 Proof of publication of, 32, 
 To sheriff to return execution, 146. 
 ■ Of retainer, 147. 
 
 Of retainer and demand of complaint, 147. 
 
 Of justification of sureties, 148. 
 
 Of adding and justifying other sureties, 148. 
 
 Of undertaking and the sureties, 148. 
 
 Of exception to bail or undertaking, 149. 
 
 Of amended pleading, 149. 
 
 Of assessment of damages, and taxing costs, 149. 
 
 Of filing security for costs, 150. 
 
 Of trial at circuit, 150. 
 
 Of trial before referees, 150. 
 
 Of argument, 151. 
 
 Of application for a commission, 151. 
 
 Proof of service, 3. 
 
 Of settling interrogatories, 151. 
 
 Of motion for discovery, 152. 
 
 Of settlement of exceptions, 152. 
 
 Of decision of justice or referee, 153. 
 
 Of taxation of costs, 153. 
 
 Of render in discharge of bail, 153. 
 
 Of countermand, 154. 
 
 Of appeal to the general term, 154. 
 
 Of examination of a party out of court, 155. 
 
 Of no personal claim in foreclosure, 155. 
 
 Of lis pendens in foreclosure, 156. 
 
442 INDEX. 
 
 Notice, 
 
 Of lis pendens in partition, 156. 
 
 Of no personal claim in partition, 157. 
 
 Of substitution of attorney, 157. 
 
 Of claim to surplus moneys, 158. 
 
 Of a judge's order, 158. 
 
 To have trial in proper county, 158. 
 
 Of offer to compromise, 159. 
 
 Of acceptance of offer, 159. 
 
 Of demand of copy account, 160. 
 
 To sheriff, to deliver personal property, 160. 
 
 Of claim to property by third person,' 160. 
 
 By sheriff, that third persons claim property, 161. 
 
 To sheriff, to redeliver property, 161. 
 
 Of jBling remittitur, 161. 
 
 Of motion to discharge from arrest, 162. 
 
 To set aside judgment, as irregular, 162. 
 
 Of motion to strike out counts, 162. 
 
 Of motion for amendment, 163. 
 
 Of motion for supplementary pleading, 164. 
 
 Of motion to consolidate actions, 164. 
 
 Of motion to change place of trial, 164. 
 
 Of motion for judgment on frivolous pleading, 165. 
 
 Of motion for reference, 165. 
 
 Of motion for-special jury, 166. 
 
 Of motion for a foreign jury, 166. 
 
 Of motion to set aside report of referees, 166. 
 
 Of motion for costs of circuit, 167. 
 
 Of motion for a commission, 167. 
 
 Of motion for judgment, as in a case of nonsuit, 168. 
 
 Of motion to set aside verdict for irregularity, 168. 
 
 Of motion to set aside irregular inquest, 168. 
 
 Of motion to set aside regular inquest, 169. 
 
 Of motion to set aside nonsuit, 169. 
 
 Of motion to obtain security for costs, 169. 
 
 Of motion to set aside all proceedings as irregular, 170. 
 
 Of motion in arrest of judgment, 170. 
 
 Of motion to set aside judgment, execution, &c., 171. 
 
 Of motion for leave to issue execution, 171. 
 
INDEX. 443 
 
 Notice, 
 
 Of motion to dissolve injunction, 171. 
 
 Of motion for reference to obtain surplus moneys, 177. 
 
 Of motion to strike out cause from calendar, 177. 
 
 Of motion for mandamus, 178. 
 
 Of motion to vacate order of arrest, 178. 
 
 Of motion to discharge attachment, 179. 
 
 Of motion for injunction and receiver, 179. 
 
 Of sale in foreclosure by advertisement, 380. 
 
 To heirs and others who claim a freehold in land sought 
 
 to be admeasured, 886. 
 Of appeal from surrogate, 393. 
 To determine claims to real property, 889. 
 Of coniirming finding of jury in lunacy, 183. 
 Of appointing a committee in lunacy, 188. 
 Of motion to appoint guardian of defendant, 172. 
 For leave to issue execution, 172. 
 Of entry of judgment, 178. 
 Of motion for leave to amend pleading, 173. 
 Of motion to strike out part of pleading, 174. 
 Of motion to continue action, 174. 
 Of examining party as witness in his own behalf, 175. 
 Of sale of real estate in partition, 175. 
 Of sale of real estate in foreclosure, 176. 
 To produce proof of liens, &c., in part^ion, 176. 
 Of executor or administrator to erraitors to present 
 
 claims, 407. 
 Of appraisal, 405. 
 
 Nulla Bona, 
 
 Eeturn of, 309. 
 
 Oath, 
 
 Of executor, 401. 
 
 Of commissioners, 215. 
 
 Of referees, 216. 
 
 Of commissioners in dower, 387. 
 
 Of interpreter, 216. 
 
 Of administrator, 403. 
 
444 INDEX. 
 
 Offer, 
 
 To compromise, notice of, 159. 
 Acceptance of, to compromise, 159. 
 
 Order, 
 
 Proof of service of a judge's, 13. 
 
 Notice of a judge's, 158. 
 
 Appointing guardian of infant plaintiff, 179. 
 
 Appointing guardian of infant defendant, 180. 
 
 Appointing guardian of infant defendant, (another 
 form,) 180. 
 
 To arrest and hold to bail, 180. 
 
 For mitigation of bail, 181. 
 
 For committitur on surrender of bail, 181. 
 
 To show cause why an exoneretur should not be en- 
 tered, 181. 
 
 For exoneretur, 182. 
 
 For exoneretur, (another form,) 182. 
 
 To furnish copy contract, 182. 
 
 To file security for costs, alternative, 183. 
 
 To file security for costs, peremptory, 183. 
 
 For further time to plead, 183. 
 
 For plaintiff's particulars, alternative, 184. 
 
 For plaintiff's particulars, peremptory, 184. 
 
 For defendantie particulars, alternative, 184. 
 
 For defendants particulars, peremptory, 185. 
 
 To furnish more particular bill, 185. 
 
 For commission, 185. 
 
 To stay proceedings, 186. 
 
 Of discovery in supplementary proceedings, 186. 
 
 To examine third person in supplementary proceed- 
 ings, 187. 
 
 For a receiver in supplementary proceedings, 187. 
 
 To apply property in supplementary proceedings, 188. 
 
 To show cause why an attachment should not issue, 189. 
 
 To vacate order without notice, 189. 
 
 To vacate order with notice, 189. 
 
 To perpetuate testimony, 190. 
 
 To examine witness de bene esse, 190. 
 
INDEX. 445 
 
 Obder, 
 
 To publisli stimmons, 190. 
 
 To change place of trial, 191. 
 
 Eefusing to change place of trial, 192. 
 
 For special or struck jury, 192. 
 
 For a foreign jury, 192. 
 
 For a reference, 193. 
 
 To file security for costs, peremptory, 193. 
 
 To extra allowance of costs, 194. 
 
 To continue action against representatives, 194. 
 
 To put off trial at the circuit, 194. 
 
 To set aside execution and restore money, 195 . 
 
 To consolidate actions, 195. 
 
 On motion for a new trial, 196. 
 
 Setting aside nonsuit, 196. 
 
 Denying a new trial, 196. 
 
 For costs of circuit, 197. 
 
 To strike out count, 197. 
 
 To set aside referee's report, 197. 
 
 To confirm referee's report, 198. 
 
 For a trial of a feigned issue, 198. 
 
 To continue action by representatires, 198, 
 
 Allowing supplemental pleading, 199. 
 
 Allowing amended pleading, 199. 
 
 To attach sheriff, 199. 
 
 To attach witness, 200. 
 
 For a mandamus, 200. 
 
 For assessment of damages, 200. 
 
 For leave to issue execution, 200. 
 
 Of reference for surplus money, 202. 
 
 To pay surplus, money, 202. 
 
 To confirm referee's report of sale, 203. 
 
 Of reference in partition for proof of title, 203. 
 
 Of reference in foreclosure — all due, 205. 
 
 Of reference in foreclosure, absent defendants — all 
 
 due, 205. 
 Of reference in foreclosure, infant defendants — all 
 
 due, 206. 
 Of reference in foreclosure — part not due, 207, 
 
446 INDEX. 
 
 Oedee, 
 
 To show cause wliy attachment should not issue, 207. 
 
 For attachment for contempt, 208. 
 
 For injunction in action of interpleader, 208. 
 
 To compel report of referees, 211. 
 
 To strike action from the calendar, 212. 
 
 For judgment on frivolous pleading, 212. 
 
 Appointing commissioners and for partition, 213. 
 
 For publication against ships and vessels, 344. 
 
 Discharging warrant against ships and vessels, 345. 
 
 To sell vessel under a warrant, 345. 
 
 To give notice to creditors of ships and vessels, 345. 
 
 To refer a claim against ships and vessels, 346. 
 
 Appointing next friend, and for partition, 366. 
 
 For guardian, and to sell infant's estate, 373. 
 
 Confirming sale of infant's estate, 376. 
 
 Appointing guardian in dower, 385. 
 
 To answer appeal from surrogate, 395. 
 
 To determine claims to real property, 391. 
 
 Confirming report in dower, 388. 
 
 For a commission of lunacy, &c., 124. 
 
 Confirming the finding of a jury, 134. 
 
 Authorizing a committee to sell, 138. 
 
 Confirming of sale and directing conveyance, 140. 
 
 To supersede commission of lunacy, 142. 
 
 Of reference to take testimony, 209. 
 
 For leave to sue on a judgment, 209. 
 
 To correct mistake in name of party, 210. 
 
 Af&davit to obtain order to correct, 210. 
 
 Allowing alimony, 350. 
 
 Appointing general guardian, 359. 
 
 To file pleadings, af&davit for, 8. 
 
 For reference in foreclosure, affidavit for, 12. 
 
 To obtain surplus moneys, affidavit for, 12, 
 
 Appointing commissioners in dower, 386. 
 
 Papees, 
 
 Affidavit to obtain copy of, 4. 
 Affidavit to petition for discovery of, 14. 
 
INDEX. 447 
 
 Papers, 
 
 Notice of motion for discovery of, 152. 
 Order to furnish copy, 182. 
 Petition to compel discovery of, 218. 
 Proof of filing, 35. 
 What compose judgment roll, 103. 
 
 Paeticulaes, 
 
 Af&davit to obtain further, 15. 
 BiU of plaintiff's, 44. 
 BiU of defendant's, 45. 
 Alternative order for plaintiff's, 184. 
 Peremptory order for plaintiff 's, 184. 
 Alternative order for defendant's, 184. 
 Peremptory order for defendant's, 185. 
 Order for further bill of, 185. 
 
 Pabty, 
 
 Notice of examining out of court, 155. 
 Mistake in name of, order to correct, 210. 
 Affidavit for, 210. 
 
 Partition, 
 
 Deed of referee in, 62. 
 
 Complaint in, 263. 
 
 Sheriff's deed on sale in, 71. 
 
 Can be made, report in, 299. 
 
 Eeport of, sale necessary, 301. 
 
 Report of commissioners in, 304. 
 
 Eeport of sale in, 306. 
 
 Final report after sale, 307. 
 
 Of infant's estate, petition for, 368. 
 
 Consent of next friend in, 366. 
 
 Order appointing next friend in, 366. 
 
 Bond of next friend in, 867. 
 
 General guardian in, 51 . 
 
 Complaint of infants in, 368. 
 
 Judgment of sale in, 108. 
 
 Judgment for actual, 113. 
 
 Judgment for actual, (another form,) 114. 
 
448 INDEX. 
 
 Partition, 
 
 Lis |)endens in, 156. 
 
 Notice of no personal claim in, 157. 
 
 Order of reference in, to take proof of title, &c., 203- 
 
 Order appointing commissioners, and for, 213. 
 
 Notice of sale in, 175. 
 
 Notice to produce proof of liens in, 176. 
 
 Payment, 
 
 Answer of, 282. 
 
 Pendency of Action, 
 
 Proof of filing notice of, 11. 
 Answer of, 290. 
 Proof of filing notice of, 58. 
 Notice of, in foreclosure, 156. 
 Notice of, in partition, 156. 
 
 Perjury, 
 
 Answer, justifying charge of, 288. 
 
 Perpetuate Testimony, 
 Affidavit to, 33. 
 
 Personal Property, 
 
 Affidavit on claim of, 10. 
 
 " "by third party, 39. 
 
 Notice to sheriff, requiring delivery, 160. 
 Notice to sherifif of claim, by third party to, 160. 
 Execution for the delivery of, 79. 
 Affidavit to hold to bail on injury to, 27. 
 Notice by sheriff of claim by third party to, 161- 
 Notice to sheriff to return to defendant, 161. 
 Complaint for delivery of, 246. 
 Plaintiff's undertaking in claim of, 332. 
 Defendant's undertaking in claim of, 333. 
 Undertaking against claim of third party, 334. 
 
 Petition, 
 
 Affidavit to, 2. 
 
INDEX. 449 
 
 Petition, 
 
 For discovery of books and papers, affidavit to, 14. 
 
 For appointing guardian of plaintiff, 216. 
 
 For appointing guardian of defendant, 217. 
 
 To compel discovery of papers, 218. 
 
 To sue in forma pauperis, 218. 
 
 For partition of infants' estate, 363. 
 
 For attachment against ships and vessels, 342. 
 
 To sell infants' estate, 371. 
 
 For guardian for infant, in dower, 384. 
 
 For dower, 885. 
 
 Of appeal from Surrogate's Court, 394. 
 
 For a commission of lunacy, 119. 
 
 Affidavits annexed to, 119. 
 
 For commission of lunacy on account of age, 120. 
 
 To ascertain validity of a marriage, 121. 
 
 For a commission of idiocy, 122. 
 
 For a commission against a drunkard, 123. 
 
 To sell or mortgage estate of lunatic, 137. 
 
 To supersede commission of lunacy, 141. 
 
 "Wife's, for alimony, 349. 
 
 To continue action against representatives, 351. 
 
 To appoint a general guardian, 357. 
 
 For admeasurement of dower, 885. 
 
 To prove will before surrogate, 398. 
 
 For letters of administration, 402. 
 
 For order to account, 408. 
 
 For final settlement, 409. 
 
 ") 
 
 Place of Trial, 
 (See " Trial.") 
 
 Pleadings, 
 
 Affidavit for order to file, 8. 
 Affidavit to, 2. 
 
 Affidavit to, by agent or attorney, 34. 
 Certificate of not filing, 58. 
 Notice of amended, 149. 
 Notice of motion to strike out counts in, 162> 
 Notice of motion for leave to amend, 163. 
 29 
 
450 INDEX. 
 
 Pleadings, 
 
 Notice of motion to serve supplementary, 164. 
 
 Order to strike out counts in, 197. 
 
 Order allowing supplemental, 199. 
 
 Order allowing amended, 199. 
 
 Drder for judgment on frivolous, 212. 
 
 Of disclaimer to title to real property, 392. 
 
 Of disclaimer, judgment on, 392. 
 
 Af&davit to extend time to put in, 32. 
 
 Notice of motion for leave to amend, 173. 
 
 Notice of motion to strike out part of, 174. 
 
 (See " Complaint " and " Answer.") 
 
 Poor Person, 
 
 Petition to sue as, 218. 
 
 Precept, 
 
 To sheriff to summon jury in lunacy, 128. 
 
 Promissory Note, 
 
 Complaint against maker of, 220. 
 Complaint against maker and indorser, 220. 
 
 Proof, 
 
 Of service of summons and complaint, 2. 
 
 Of service of notice of motion, 3. 
 
 Of defendant's default, 8. 
 
 Of disbursements, 8. 
 
 Of delivery of commission, 7. 
 
 Of service of judge's order, 13. 
 
 Of service of subpoena, 30. 
 
 Property, 
 
 Affidavit on claim of personal, 10. 
 
 Affidavit to hold to bail for injury to, 27. 
 
 Affidavit of sale of real, 34. 
 
 Notice to sheriff requiring delivery, 160. 
 
 Notice to sheriff of claim by third person, 160. 
 
 Notice by sheriff of claim by third person, 161. 
 
 Notice to sheriff to return to defendant, 161. 
 
INDEX. 451 
 
 Peoperty, 
 
 Order to apply judgment debtor's, 188. 
 Order for a receiver of judgment debtor's, 187. 
 Complaint for delivery of personal, 246. 
 
 Publish, 
 
 Summons, affidavit to, 16. 
 
 Summons, affidavit to, (anotber form,) 16. 
 
 Summons, affidavit to, in foreclosure, 37. 
 
 Publication, 
 
 Of summons, proof of, 32. 
 Of summons, order for, 190. 
 
 Eeal Peoperty, 
 
 Proof of sale of, 34. 
 
 Sberifif's certificate to purcbaser of, 60. 
 
 Complaint on trespass to, 248. 
 
 To compel determination of claims to, 389. 
 
 Petition to seU. a lunatic's, 137. 
 
 Notice of sale in partition, 175. 
 
 Notice of sale in foreclosure, 176. 
 
 Eeceipt, 
 
 Of sberiff for execution, 318. 
 
 To creditor of judgment debtor, 318. 
 
 Eeceivee, 
 
 Bond of, 48. 
 
 Bond of, under cbap. 2, title 9 of Code, 49. 
 
 Notice of motion for, 179. 
 
 Order for, in supplementary proceedings, 187. 
 > 
 Eeferee, 
 
 Notice of decision of, 153. 
 
 Notice of motion to set aside report of, 166. 
 
 Order to set aside report of, 197. 
 
 Order to confirm report of, 198. 
 
 Eeport of sale, order to confirm, 203. 
 
 Order to compel report of, 211. 
 
452 INDEX. 
 
 Eeferee, 
 
 Oath of, 216. 
 
 Eeport 0^ for plaintiff, 293. 
 Eeport of, for defendant, 294. 
 Notice of trial before, 150. 
 
 Eefeeence, 
 
 Affidavit for, in foreclosure, 12. 
 
 Affidavit to move for, 20. 
 
 Affidavit to oppose motion for, 21. 
 
 Notice of trial at, 150. 
 
 Notice of motion for, 165. 
 
 To obtain surplus money, notice of motion for, 177. 
 
 Order for, at a circuit, 193. 
 
 Order for, on claim to surplus money, 202. 
 
 Order for, in partition, 203. 
 
 Order for, in foreclosure, all due, no infants, 205. 
 
 Order for, in foreclosure, all due, absent defendants, 205. 
 
 Order for, in foreclosure, all due, infant defendants, 206. 
 
 Order for, in foreclosure, part not due, 207. 
 
 Subpoena on, 321. 
 
 Subpoena ticket on, 322. 
 
 Subpoena for, party for, 322. 
 
 Stipulation for, 324. 
 
 Order for, to take testimony, 209. 
 
 Oath of, 216. 
 
 Eelease, 
 
 Answer of, 281. 
 
 Eemittitue, 
 
 Notice of filing, 161. 
 
 Eent, 
 
 Complaint against lessee for, 231. 
 
 Eeplevin, 
 
 (See " Personal Property.") 
 
 Eeplt, 
 
 Affidavit to, 2. 
 
INDEX. 453 
 
 Eeport, 
 
 Of clerk, on assessment of damages, 292. 
 
 Of justice, on default of defendant, at circuit, 292. 
 
 Of justice, on trial, at circuit, (for plaintiff,) 292. 
 
 Of justice, on trial, at circuit, (for defendant,) 293. 
 
 Of referee, in favor of plaintiff, 298. 
 
 Of referee, in favor of defendant, 294. 
 
 In foreclosure, all due, 294. 
 
 In foreclosure, not all due, not sold in parcels, 296. 
 
 In foreclosure, part not due, infant defendant, 297. 
 
 For divorce for adultery, 298. 
 
 That partition can be made, 299. 
 
 In partition, sale necessary, 301. 
 
 Of commissioners in partition, 304. 
 
 Of sale, in partition, 306. 
 
 After sale, in partition, 307. 
 
 Of referees, on claims against ships and vessels, 346. 
 
 Of guardians, of agreement to sell infants' estate, 375. 
 
 Final, on sale of infants' estate, 379. 
 
 Of referees, judgment on, 88. 
 
 Of referee, order to set aside, 197. 
 
 Of referee, order to confirm, 198. 
 
 Of sale, order to confirm, 203. 
 
 Of referees, order to compel, 21L 
 
 Of commissioners in dower, 387. 
 
 Order confirming, in dower, 388. 
 
 Of sale by committee of lunatic, 139. 
 
 Of sale by committee confirmed, 140. 
 
 Of referee, notice of motion to set aside, 166. 
 
 Of sale in foreclosure, 354. 
 
 Of executor or administrator, 411. 
 
 Eepeesentatives, 
 
 Order to continue action in name of, 198. 
 Order to continue action against, 194. 
 
 Eetainee, 
 
 Notice of, 147. 
 
 Eeturn, 
 
 To process of not found, 808. 
 
454 INDKX. 
 
 Eetuejst, 
 
 To execution against person, 309. 
 To execution, of no property, 309. 
 To execution, when collected, 309. 
 Of sheriff tliat deposit is made, 310. 
 Of clerk that money is paid into court, SIO. 
 Of sheriff that bail is given to take up money, 311. 
 To execution, property unsold, 311. 
 To process, of cepi corpus, 311. 
 Of service of summons, 311. 
 ^ Of arrest, 312. 
 
 Of arrest and imprisonment, 312. 
 
 Of arrest and rescue, 312. 
 
 Of no goods of testator, 313. 
 
 Of goods taken or replevied, 313. 
 
 Where only part can be found, 314. 
 
 Where no goods can be found, 314. 
 
 Where defendant gives security, 314. 
 
 To a writ of habeas corpus, 315. 
 
 To a writ giving possession, 315. 
 
 To warrant against ships and vessels, 315. 
 
 To writs of ne exeat, 316. 
 
 Of service of subpoena, 316. 
 
 To attachment, 317. 
 
 EULE, 
 
 (See " Order.") 
 
 Satisfaction, 
 Plea of, 282. 
 Of judgment, 317. 
 
 Security, 
 
 For costs, notice of motion for, 169. 
 
 For costs, alternative order for, 183. 
 
 For costs, peremptory order for, 183. 
 
 For costs, peremptory order for by court, 19S. 
 
 For costs, affidavit to obtain, 17. 
 
 Notice of filing security for, 150. 
 
INDEX. 455 
 
 Servajstt, 
 
 Complaint for debauching, 242. 
 
 Seevice, 
 
 Of summons, proof of, 2. 
 
 Of summons, proof of, by sheriff, 59. 
 
 Of notice of motion, 3. 
 
 Of summons, 'sheriff 's return of, 311. 
 
 Sheriff, 
 
 Affidavit to attach, 3. 
 
 Second affidavit to attach, 35. 
 
 Assignment of bail or undertaking, 40. 
 
 Attachment against, 40. 
 
 Attachment against, (another form,) 41. 
 
 Bond to, on a ne exeat, 46. 
 
 Certificate that defendant is committed, 58. 
 
 Deed on sale by execution, 69. 
 
 Deed on partition, 71. 
 
 Order to attach, 199. 
 
 Complaint against, for false return, 250. 
 
 Complaint against, for not making return, 251 . 
 
 Complaint against, for an escape, 251. 
 
 Eeceipt on receiving execution, 818. 
 
 Eeceipt for money of creditor of judgment debtor, 318. 
 
 Certificate of service of summons, 59. 
 
 Certificate of service of subpoena, 59. 
 
 Pr^ept to summon jury in lunacy, 128. 
 
 Notice to, to return execution, 146. 
 
 Ships and Vessels, 
 
 Order to sell vessel under warrant, 845. 
 Order for notice to creditors as to claims, 345. 
 Order to refer a claim objected to, 346. 
 Eeport of referees on referred claim, 346. 
 Affidavit for warrant for, 33. 
 Bond on discharge of attachment against, 46. 
 Eeturn to warrant against, 315. 
 Warrant to attach, 342. 
 Application for attachment for, 342. 
 
456 INDEX. 
 
 Ships and Vessels, 
 
 Order of judge for publication against, 344. 
 Application to discharge warrant, 344. 
 Judge's order discliarging warrant, 345. 
 
 Slander, 
 
 Complaint for, 241. 
 
 Affidavit to liold to bail in, 27. 
 
 Special Guardian, 
 Deed of, 64. 
 
 Special Jury, 
 
 Affidavit to move for, 22. 
 ISTotice of motion for, 166. 
 Order for, 192. 
 
 Specific Performance, 
 Judgment for, 91. 
 
 Statute, 
 
 Of limitations, plea of, 281. 
 Of frauds, plea of, 284. 
 
 Stay of Proceedings, 
 Order for, 186. 
 Affidavit for, 20. 
 
 Stipulation, 
 
 To pvit over the circuit, 324. 
 To refer action, 324. 
 
 SUBPCENA, 
 
 Proof of service of, 30. 
 
 " " by sheriff, 59. 
 
 Attachment for disobeying, 43. 
 Keturn of service of, 316. 
 For the circuit, 319. 
 Ticket for the circuit, 319. 
 For party for the circuit, 320. 
 Ticket for party for the circuit, 321. 
 
INDEX. 457 
 
 Stjbpcbna, 
 
 On reference, 821. 
 
 Ticket for reference, 322. 
 
 For party for reference, 322. 
 
 Duces tecum, 322. 
 
 Ticket, duces tecum, 823. 
 
 For witness in case of lunacy, 130. 
 
 Substitution, 
 
 Of attorney, notice of, 828. 
 Of attorney, consent for, 328. 
 
 Summons, 
 
 Proof of service by affidavit, 2. 
 Af&davit to publish, 16. 
 
 " " in foreclosure, 37. 
 
 To witness to prove will, 400. 
 AflEidavit to publish, (another form,) 16. 
 Proof of publication, 32. 
 Sheriff's certificate of service, 69. 
 Order to publish, 190. 
 Eeturn of service of, 311. 
 For a witness, under a commission, 823. 
 For a witness, de bene esse, 323. 
 For payment of money only, 325. 
 In actions for relief, 325. 
 Against heirs, devisees, &c., 825. 
 To bring in joint debtors, 326. 
 
 SUPEESEDEAS, 
 
 Of commission, 142. 
 
 SUPPLEMENTAEY PeOCEEDINGS, 
 
 Affidavit for, 29. 
 
 Affidavit to examine debtor's creditor, 29. 
 
 Affidavit to examine defendant, 29. 
 
 Affidavit to examine third party, 29. 
 
 Affidavit for a warrant, 39. 
 
 Judgment debtor to make discovery, order for, 186. 
 
 Order to examine third party in, 187. 
 
 Order for receiver in, 187. 
 
458 INDEX. 
 
 Supplementary Proceedings, 
 
 Order to apply property of judgment debtor, 188. 
 Order to show cause wliy an attacliment should not 
 
 issue, 189. 
 Complaint by receiver in, 270. 
 Warrant to arrest judgment debtor, 339. 
 Assignment to receiver in, 353. 
 
 Sureties, 
 
 In an undertaking, acknowledgment of, 1. 
 In an undertaking, justification of, 1. 
 Notice of justification of, 148. 
 Notice of adding and justifying, 148. 
 Notice of exception to, 149. 
 
 Surplus Monet, 
 
 Af&davit to obtain, in foreclosure, 12. 
 
 Notice of claim to, 158. 
 
 Order of reference on claim to, 202. 
 
 Order to pay, 202. 
 
 Notice of motion for reference, 177. 
 
 Surrogate, 
 
 Notice of appeal from, 393. 
 Bond on appeal from, 393. 
 Petition of appeal from, 394. , 
 Answer to petition of appeal, 396. 
 Order to answer appeal from, 395. 
 Transcript of proceedings before, 396. 
 Petition to prove will before, 398. 
 Consent to serve as special guardian to prove wUl, 398. 
 Citation to prove will, 399. 
 Proof of service of citation, 399. 
 Summons to witness to prove will, 400. 
 ' Executor's oath, 401. 
 Letters testamentary, 401. 
 Petition for letters of administration, 402. 
 Administrator's bond, 402. 
 Administrator's oath, 403. 
 Letters of administration, 404. 
 
INDEX. 459 
 
 Surrogate, 
 
 Notice of appraisal, 405. 
 
 Affidavit of appraisers, 405. 
 
 Inventory, 406. 
 
 Affidavit of executor or administrator to inventory, 406. 
 
 Affidavit of creditor to his claim, 407. 
 
 Notice to creditors to present claims, 407. 
 
 Petition for order to account by creditor, 408. 
 
 Citation to account, 409. 
 
 Application for final settlement, 409. 
 
 Citation to attend final settlement, 410. 
 
 Account on settlement, 411. 
 
 Oath to final accounting, 411. 
 
 Pinal decree, and for distribution, 412. 
 
 Taxing Costs, 
 
 Affidavit on, 19. 
 Notice of, 153. 
 
 Testimony, 
 
 Affidavit to perpetuate, 33. 
 
 Order for examination to perpetuate, 190. 
 
 Order to take de bene esse, 190. 
 
 Time, 
 
 Affidavit to extend, 32. 
 
 Order for further time to plead, 183. 
 
 Trade Mauk, 
 
 Complaint for infringing, 243. 
 
 Transcript, 
 
 Of surrogate's proceedings, 396. 
 
 Of judgment, 329. 
 
 Of judgment in foreclosure, 328. 
 
 Trespass, 
 
 To real property, complaint for, 248. 
 In taking goods, complaint for, 249. 
 
460 INDEX. 
 
 Trial, 
 
 Affidavit to put off on account of plaintiff's act, 9. 
 Affidavit to put off on account of witness, 9. 
 Affidavit to change place of, 13. 
 Affidavit to stay proceedings on motion for new, 20. 
 Affidavit on account of irregularity, for new, 23. 
 Affidavit on account of newly discovered evidence, for 
 
 new, 24. 
 Memorandum of case made at, 55. 
 Case to move for a new, 57. 
 Note of issue for circuit, 146. 
 Note of issue for general term, 146. 
 Notice of, at circuit, 150. 
 Notice of, before referees, 150. 
 Demand to have in proper county, 158. 
 Notice of motion to change, 164. 
 Notice of motion for new, for irregularity, 168. 
 Notice of motion to set asidenonsuit, and for new trial, 169. 
 Order changing place of, 191. 
 Order denying to change place of, 192. 
 Order for reference at the circuit, 193. 
 Order to put off, at the circuit, 194. 
 Order on motion for a new, 196. 
 Order denying a new, 196. 
 Of a feigned issue, order for a trial of, 198. 
 
 Undertaking, 
 
 For costs on appeal, 334. 
 
 To stay execution on appeal, 335. 
 
 Of plaintiff on arrest of defendant, 331. 
 
 Of defendant on discharge from arrest, 332. 
 
 Of plaintiff on claim of property, 332. 
 
 Of defendant on claim of property, 333. 
 
 Of plaintiff on obtaining injunction, 330. 
 
 On obtaining attachment, 330. 
 
 On discharging attachment, 331. 
 
 To stay execution on judgment, directing sale or deliver}- 
 
 of property, 336. 
 To stay execution in foreclosure, 337. 
 On answer of title injustice's court, 335. 
 
INDEX. 461 
 
 Undertaking, 
 
 On answer of title in justice's court — defendant arrested, 
 
 336. 
 Acknowledgment of, 1. 
 Justification of sureties in, 1. 
 Assignment of, by sheriff, 40. 
 Notice of, 148. 
 Notice of exception to, 149. 
 On appeal, complaint on, 227. 
 On injunction, complaint on, 249. 
 Approval of sheriff on, 333. 
 To sheriff, on claim of third persons, 334. 
 Waiver of, 338. • 
 Deposit in lieu of, 60. 
 
 Use and Occupation, 
 Complaint for, 226. 
 
 USUET, 
 
 Answer of, 283. 
 
 Venditioni Exponas, 
 Writ of, 340. 
 
 Venue, 
 
 Affidavit to change, 13. 
 Notice of motion to change, 164. 
 (See "Trial.") 
 
 Vekdict, 
 
 Notice of motion to set aside for irregularity, 168. 
 (See "Judgment.") 
 
 Waivee, 
 
 Of undertaking or deposit, 33 8. 
 
 Wakeant, 
 
 For ships and vessels, 315. 
 
 To attach ships and vessels, 342. 
 
 For ships and vessels, affidavit for, 83, 
 
462 INDEX. 
 
 Wabeant, 
 
 For ships, &c., return to, 315. 
 
 To arrest judgment debtor, 338. 
 
 Of commitment for contempt, 339. 
 
 To apprehend witness, de bene esse, 340. 
 
 Of attachment, 338. 
 
 Of attorney, (see " Confession of Judgment.") 
 
 AfSdavit to obtain in supplementary proceedings, 89. 
 
 To produce lunatic, 129. 
 
 Wahrajstty of a Hoese, 
 
 Complaint for breach of, 262. 
 
 Wife, 
 
 Petition for alimony, 349. 
 
 Will, 
 
 Petition to prove, 398. 
 Citation to prove, 399. 
 Summons to witness, to prove, 400. 
 
 Witness, 
 
 Affidavit to examine de bene esse, by plaintiff, 25. 
 
 Affidavit to examine de bene esse, by defendant, 25. 
 
 Affidavit to procure habeas corpus for, 30. 
 
 Attachment against, 43. 
 
 Commission to examine, 61. 
 
 Habeas corpus for, to testify, 82. 
 
 Interrogatories to examine a, 84. 
 
 ISTotice of party examined as, 155. 
 
 Order to perpetuate testimony of, 190. 
 
 Order to examine de bene esse, 190. 
 
 Order to attach, 200. 
 
 De bene esse, warrant to apprehend, 340. 
 
 Under a commission, summons for, 323. 
 
 De bene esse, summons for, 323. 
 
 Oath of, in cases of lunacy, 131. 
 
 Notice of examining in his own, behalf, 175. 
 
 Proof of execution of bond by a subscribing, 850. 
 
 Affidavit to put off trial on account of, 9. 
 
iiTdbx. 463 
 
 Woke, 
 
 Labor and services, complaint for, 225. 
 Complaiat for doing badly, 237. 
 Labor and materials, complaint for, 253. 
 
 Weit, 
 
 Of ne exeat, 145. 
 
 Giving possession, return to, 315. 
 
 Of ne exeat, return to, 316. 
 
 Of venditioni exponas, 340. 
 
 Of habeas corpus for detention, 341. 
 
 Of possession, 347. 
 
 Of assistance, 347. 
 
4^ 
 
 m