L-A9 Cornell University Library KFN5068.L29 The lawyers' and clerks' assistant :beln 3 1924 021 898 493 Cornell University Library The original of tliis 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/cu31924021898493 Copyright, 1893, By WILLIAM LANSING. PREFACE. The usefulness and importance of " The Clerk's Assist- ant," a well known work, containing forms of legal instru- ments, business, conveyancing and in statutory proceedings, with notes and references to authorities, has been fully demonstrated ; but no revised edition of such a book has been recently published. The copyrights of those at present in use, bear date many years ago. During that period, however, many and important amendments have been made, throughout the United States, to the statutes relating to the subjects usually embraced therein, and new statutes upon those subjects have been passed, both by the older States, of which the recent legislation of the State of New York in revision of its statutes, is a striking illustration, and by the new States and Territories which have been admitted to the Union. The members of the legal profession and their clerks, business men, public officers and all other classes interested in such a publication, have a right, therefore, to expect a new book of the description above mentioned, bringing the forms and notes to the present time. It is to meet this emergency that this volume has been prepared, much labor and care having necessarily been expended upon its preparation. It is offered to the public as containing accurate and practical forms, with full and reliable notes thereto, upon iv Preface. the subjects to which they relate, as indicated upon its title-page. If it shall be so fortunate as to meet the approval of the very large class of persons for whose use it is designed, and to whom such a work has become practically a necessity, the purpose of the author will have been accomplished, and his labors amply rewarded. WILLIAM LANSING. Albany, December, 1892. TABLE OF CONTENTS. CHAPTER I. Form of Abandonment of Vessel to Insurer. FAQB. No. I. Notice of abandonment of vessel and cargo i CHAPTER II. Forms of Abstracts of Title to Real Property. 3. Abstract of title, general form 3 3. Abstract of title, another form, property passing through foreclosure proceedings and by inheritance 7 4. Abstract of title, another form, property passing through partition proceedings, and proceedings for sale of infant's property 10 5. Abstract of title, ahother form, title obtained through sher- iffs sale under execution, issued upon judgment 11 CHAPTER III. Forms of Acknowledgment and Proof of Deeds. 6. Certificate of acknowledgment of execution of conveyance of land situated in the State of Alabama 19 7. Certificate of acknowledgment of execution by married woman of conveyance of homestead in the State of Ala- ^ bama 20 8. Certificate of proof of conveyance of land situated in Ala- bama, by subscribing witness 21 9. Certificate of acknowledgment of conveyance of land sit- uated in Arizona 22 10. Certificate of acknowledgment of conveyance by married woman of homestead in Arizona 22 11. Certificate of proof by subscribing witness of execution of instrument under the laws of Arizona 23 vi Table of Contents. PAGE, No. 12. Certificate of acknowledgment of deed by husband and wife conveying lands of husband, situated in Arkansas. . 24 13 Certificate of acknowledgment of deed executed by husband and wife of property of wife in Arkansas 25 14. Certificate of proof of deed of property situated in Ar- kansas, by subscribing witness 26 15. Certificate of proof of handwriting of grantor and subscrib- ing witness to deed of property situated in Arkansas ... 27 16. Certificate of acknowledgment of deed of real property situated in California. 27 17. Certificate of acknowledgment by corporation of convey- ance of land situated in California 29 18. Certificate of acknowledgment of deed of homestead sit- uated in Colorado 2g 19. Certificate of acknowledgment of execution by individual of conveyance of property situated in Connecticut 31 20. Certificate of acknowledgment by corporation of convey- ance of property situated in Connecticut 32 21. Certificate of acknowledgment by individual of lands sit- uated in Dakota 33 22. Certificate of acknowledgment of conveyance of lands sit- uated in Dakota, by attorney in fact 34 23. Certificate of acknowledgment by corporation of convey- ance of property situated in Dakota 35. 24. Certificate of proof of conveyance of land situated in Dakota by subscribing witness 35 25. Certificate of proof by party to conveyance of land situated in Dakota 36 26. Certificate of acknowledgment by individual, or by hus- band and wife, of conveyance of land situated in Dela- ware ' 36 27. Same certificate of acknowledgment by corporation 38 28. Certificate of acknowledgment of conveyance of land sit- uated in District of Columbia, by husband and wife. ... 39 29. Certificate of acknowledgment of conveyance of land sit- uated in Florida 41 30. Certificate of acknowledgment by married woman of con- veyance of land situated in Florida 42 31. Certificate of acknowledgment of conveyance of real estate situated in the State of Georgia 43 32. Certificate of proof by subscribing witness of execution of deed of real estate situated in State of Georgia 44 33. Certificate of acknowledgment of conveyance of real prop- erty situated in the State of Idaho 44 34. Certificate of acknowledgment, by married woman, of con- veyance of real property situated in the State of Idaho. . 45 35. Certificate of acknowledgment of conveyance by corpora- tion of real property situated in the State of Idaho 46 Table of Contents. vii PAGE. No. 36. Certificate of acknowledgment of conveyance of real prop- erty situated in Illinois 46 37. Certificate of acknowledgment of chattel mortgage in State of Illinois 48 38. Certificate of acknowledgment of conveyance of real prop- erty situated in Indiana. 49 39. Certificate of proof of conveyance of real property situated in Indiana 50 40. Certificate of acknowledgment of conveyance of real prop- erty situated in Indian Territory 50 41. Certificate of acknowledgment by grantor of conveyance of real estate situated in Iowa 51 42. Certificate of acknowledgment, by attorney in fact, of con- veyance of real property situated in Iowa 53 43. Certificate of acknowledgment of conveyance of real prop- erty situated in Kansas 53 44. Certificate of acknowledgment, by husband and wife, of conveyance of real estate situated in Kentucky, taken out of the State 54 45. Certificate of acknowledgment, by husband and wife, within the State of Kentucky, of conveyance of real property situated in that State ; 56 46. Certificate of acknowledgment of conveyance of real estate situated in Louisiana 56 47. Certificate of acknowledgment of conveyance of real prop- erty situated in Maine 57 48. Certificate of acknowledgment taken within the State of Maryland 58 49. Certificate of acknowledgment by husband and wife in State of Maryland 59 50. Certificate of acknowledgment taken out of State of Mary- land 60 51. Certificate of acknowledgment of deed conveying real estate situated in Massachusetts 60 52. Certificate of acknowledgment by officer of corporation of deed of real property situated in Massachusetts 61 53. Certificate of acknowledgment of deed conveying real prop- erty situated in Massachusetts, by attorney of grantor. . . 62 54. Certificate of acknowledgment of conveyance of real prop- erty situated in State of Michigan 62 55. Certificate of acknowledgment by natural person acting in his own right of conveyance of real estate situated in Minnesota 64 56. Same by natural person acting by attorney 66 57. Same certificate of acknowledgment by corporation or joint stock association . 66 58. Certificate of acknowledgment of conveyance of real prop- erty situated in Mississippi 67 viii Table of Contents. PAGE. No. 59. Certificate of proof of execution of conveyance of real estate situated in Mississippi by subscribing witness 69 60. Certificate of acknowledgment of conveyance of real prop- erty situated in Missouri by natural persons acting in their own right 69 6i. Certificate of acknowledgment of conveyance of real estate situated in Missouri by natural persons acting by attor- ney 71 62. Certificate of acknowledgment of conveyance of real estate situated in Missouri by corporation or joint stock asso- ciation 71 63. Certificate of acknowledgment of conveyance of real estate situated in Montana by grantor known to officer 72 64. Certificate of acknowledgment of conveyance of real prop- erty in Montana by grantor unknown to officer 74 65. Certificate of proof by subscribing witness of conveyance of real property situated in Montana 74 66. Certificate of acknowledgment by husband and wife of con- veyance of real estate situated in Nebraska 75 67. Certificate of acknowledgment of conveyance of real prop- erty situated in Nevada by grantor known to officer 77 68. Certificate of acknowledgment of conveyance of real estate situated in Nevada by grantor unknown to officer 78 69. Certificate of acknowledgment by husband and wife of con- veyance of real property situated in Nevada 78 70. Certificate of acknowledgment of conveyance of real prop- erty situated in New Hampshire 79 71. Certificate of acknowledgment of conveyance of real estate situated in New Jersey by person not known to officer. . . 80 72. Certificate of acknowledgment of conveyance of real estate situated in New Jersey by husband and wife known to officer 82 73. Certificate of proof of execution of conveyance of real estate situated in New Jersey by subscribing witness known to officer 83 74. Certificate of proof of execution of deed of real property situated in New Jersey by corporation 84 75. Certificate , of acknowledgment of conveyance of real estate in New Mexico by natural persons acting in their own right • 85 76. Certificate of acknowledgment of conveyance of real prop- erty situated in New Mexico by natural persons acting by attorney 86 77. Certificate of acknowledgment of conveyance of real prop- ery situated in New Mexico in case of corporation or joint stock association 86 78. Certificate of acknowledgment of conveyance of real prop- erty situated in North Carolina by grantors 87 Table of Contents. ix PAGE. No. 79. Certificate of proof of conveyance of real estate situated in North Carolina by subscribing witness 89 80. Same as form No. 2i 89 81. Same as form No. 22 go 82. Same as form No. 23 go 83. Same as form No. 24 gi 84. Same as form No. 25 91 85. Petition for appointment of commissioners by New York Supreme Court to take acknowledgment in foreign country gi 86. Order upon petition, form No. 85, directing commission to issue 92 87. Commission, issued under form No. 85, to take and certify acknowledgment in foreign country 93 88. Certificate of acknowledgment of instrument by com- missioner appointed by order of court, No. 86 94 89. Certificate of acknowledgment or proof in New York State by grantor known to officer 94 go. Certificate of acknowledgment in New York State by grantor, identified by witness known to the officer 104 91. Certificate of acknowledgment in New York State by hus- band and wife known or identified to officer 104 92. Certificate of acknowledgment in New York State by under- sheriff' of deed executed by him in the name of the sheriff". 105 93. Certificate of acknowledgment in New York State by person conveying uhder power of attorney 106 94. Certificate of proof in New York State by officer of corpora- tion known to the officer taking the proof 106 95. Certificate of proof in New York State by subscribing wit- ness identified to officer 107 96. Petition for subpoena in New York State requiring witness to appear and testify touching the execution of convey- ance 108 97. Subpoena requiring witness to conveyance to appear and testify touching its execution no 98. Affidavit of service of subpoena, form No. 97 no gg. Warrant to arrest witness neglecting to attend pursuant to subpoena, form No. 97 in 100. Commitment of witness refusing to appear and testify, pur- suant to subpoena, form No. g 7 Ill toi. Certificate of acknowledgment in New York State by a sheriff or other officer nz 102. Certificate of acknowledgment by an administrator, execu- tor, trustee or referee in New York State 112 103. County clerk's certificate to be annexed to certificate of acknowledgment to be used in another State or recorded or read in evidence in another county of New York State than that in which the acknowledgment is taken 113 B X Table of Contents. FAGB. No. 104. Oath or affirmation to be administered to subscribing wit- ness in New York State proving conveyance 114 105. Oath or affirmation to be administered in New York State to persons identifying the parties or a witness to a con- veyance 115 106. Form of oath or affirmation to be administered to an affiant or affiants 115 107. Certificate of proof in New York State of the execution of a conveyance, the subscribing witnesses to which are dead 116 108. Certificate of acknowledgment of conveyance of real estate situated in Ohio, by husband and wife 117 109. Certificate of acknowledgment by corporation of convey- ance of real estate situated in Ohio 118 no. Certificate of acknowledgment by grantor of conveyance of real estate situated in Oklahoma 118 111. Certificate of acknowledgment by corporation of convey- ance of real estate situated in Oklahoma 120 112. Certificate of acknowledgment of conveyance of real estate situated in Oklahoma, by attorney in fact 120 113. Certificate of acknowledgment of conveyance of real estate situated in Oregon, by one or more grantors . 120 114. Certificate of acknowledgment of conveyance of lands sit- uated in Oregon, by attorney in fact of grantor 122 115. Certificate of acknowledgment by husband and wife of con- veyance of real estate situated in Pennsylvania 123 116. Proof by officer of corporation of execution of convey- ance of real estate situated in Pennsylvania, by corpora- tion 124 117. Certificate of acknowledgment by grantor of conveyance of real estate situated in Rhode Island 124 118. Certificate of acknowledgment of conveyance of real estate situated in Rhode Island, by attorney in fact 126 119. Certificate of acknowledgment of conveyance of real estate situated in Rhode Island, by officer of corporation 126 120. Certificate of proof by subscribing witness of execution of conveyance of real estate situated in South Carolina. . . . 127 121. Certificate of relinquishment of dower by married woman in real estate conveyed by husband, situated in South Carolina 129 122. Certificate of acknowledgment by individual of conveyance of property situated in South Dakota 129 123. Same certificate of acknowledgment by attorney in fact of grantor 130 124. Same certificate of acknowledgment by officer of corpora- tion 130 125. Certificate of proof by subscribing witness to conveyance of land situated in South Dakota 130 Table of Contents. xi PAGE. No. 126. Certificate of proof by party to conveyance of land situated in South Dakota 130 127. Certificate of acknowledgment of conveyance of real estate situated in Tennessee, before clerk of County Court or his deputy 130 128. Certificate of acknowledgment of conveyance of real estate situated in Tennessee, before commissioner for Tennes- see 133 I2g. Certificate of acknowledgment by husband and wife of con veyance of real property situated in Tennessee 133 130. Certificate of proof of execution of conveyance of real estate situated in Tennessee, by subscribing witnesses 134 131. Certificate of acknowledgment of conveyance of real estate situated in Texas, ordinary form 134 132. Certificate of acknowledgment by married woman of con- veyance of real estate situated in Texas 136 133. Certificate of proof by subscribing witness of conveyance of real property situated in Texas 136 134. Certificate of acknowledgment of conveyance of real estate situated in Utah Territory, by person known to the officer. 137 135. Certificate of acknowledgment of conveyance of real estate situated in Utah, by grantor unknown to the officer 138 136. Certificate of proof by subscribing witness of execution of conveyance of real estate situated in Utah 139 137. Certificate of acknowledgment of conveyance of real estate situated in Utah, by officer of corporation 139 138. Certificate of acknowledgment of execution of conveyance by attorney in fact of grantor of property in Utah 140 139. Certificate of acknowledgment by grantor of conveyance of real estate situated in Vermont 140 140. Certificate of acknowledgment of conveyance of real estate situated in Virginia 141 141. Certificate of acknowledgment of conveyance of real estate situated in State of Washington 143 142. Certificate of acknowledgment of conveyance of real estate situated in West Virginia . . . . 145 143. Certificate of acknowledgment by husband and wife, or by wife, of conveyance of real estate situated in West Virginia 146 144. Certificate of acknowledgment by corporation or joint stock association of conveyance of real estate situated in West Virginia 147 145. Certificate of acknowledgment by grantor of conveyance of real estate situated in Wisconsin 148 146. Certificate of acknowledgment of conveyance of real estate situated in State of Wyoming 150 xii Table of Contents. CHAPTER IV. Forms of Adoption of Minor Children. PAGE. No. 147. Agreement of adoption of minor child, with consent of parents 153 148. Consent of parties to the adoption of child 154 149. Consent of parents to adoption of minor child, where they do not reside in the county ISS 150. Order of county judge, directing the adoption of minor child 156 CHAPTER V. Forms of Agreement. 151. A general release 160 152. A release between partners on a settlement 162 153. A release of a trust 163 154. A release of a legacy 164 155. Receipt and release to executor, etc., on payment of a legacy 165 156. Release from a legatee on coming of age 166 157. Release to executor by devisee and legatee 167 158. Release to a guardian 170 159. Release by a mortgagor to a mortgagee of part of the mort- gaged premises on payment of part of the money secured. 170 160. Release to joint debtor, compounding separately with credi- tor 173 i6i. Release to partner compounding separately with creditor... 174 162. Agreement of indemnity to person becoming stockholder and director in corporation on request 175 163. Agreement between shipwright and his workmen for building a new ship 176 164. Agreement for freight of a ship 177 165. Agreement to hold parts of ship to be built aud pay pro- portions of its cost and outfit. . 178 166. Bill of lading 178 167. Agreement submitting controversies to arbitration, full form 180 168. Agreement submitting controversies to arbitration, short general form 181 169. Agreement submitting a particular controversy to arbitra- tion 182 170. Agreement for the sale and purchase of a freehold estate inlands 183 171. An agreement for a lease 187 Table of Contents. xiii PAGE. No. 172. An agreement for lodgings or part of a house 188 173. An agreement respecting a party-wall 189 174. An agreement respecting a party-wall, another form 193 175. Agreement for building a house 194 176. An agreement to erect a building or buildings, another form, containing special provisions 195 177. Agreement for purchase of coin, etc., at the seller's option. 199 178. Another form of contract for purchase or delivery of prop- erty at option of buyer or seller 200 179. Agreement to change mortgage security 200 180. Agreement to bear equal shares in the expenses of a law- suit 202 181. Agreement for sale of manuscript and copyright of a book. 203 182. Articles of copartnership between two attorneys 205 183. Same between two tradesmen 214 184. Agreement for dissolution of copartnership 218 185. Same, indorsed on original articles 222 186. Agreement continuing partnership indorsed on original articles 222 187. Articles of agreement between a merchant and his clerk... . 225 188. Memorandum on a sale of wheat 222 189. Articles of marriage 225 190. Same, another form 228 igi. Articles of separation between husband and wife 230 192. Jointure in lieu of dower right 234 193. Agreement between an executor and creditor to refer a dis- puted claim 236 194. Agreement giving priority to a mortgage about to be exe- cuted over one previously executed 237 195. Release of land from the lien of a judgment 238 196. Release of dower 239 197. Same, in consideration of an annuity given by will 241 198. A mutual general release 242 199. A release of a proviso or condition 242 200. An agreement between a mortgagee and mortgagor, to grant building and other leases ; 243 201. Agreement giving the right to manufacture and sell a patented article, within certain territory 245 CHAPTER VI. Forms of Apprenticeship. 202. Indentures of apprenticeship by a minor, with consent of his parents, or parent or guardian 248 203. Indentures of apprenticeship by a minor, with consent of an overseer or county superintendent of the poor, or his guardian 253 xiv Table of Contents. PAGE. No. 204. Certificates to be indorsed upon indentures 255 205. Indenture of clerkship ^57 206. Indenture of a female servant, who binds herself with the consent of her parents or parent, or guardian 258 207. Agreement of a father or guardian to be annexed to the in- denture of apprenticeship to be bound in damages for the default of the apprentice 260 208. Contract to bind to service until twenty-one, or for a shorter period, a minor coming from a foreign country beyond sea 261 209. Contract of service for one year to pay an emigrant's pas- sage 263 210. Assignment of an emigrant's contract of service indorsed thereon 264 211. Assignment of an indenture of apprenticeship. 265 212. Certilicate of employer at the expiration of apprenticeship. 266 213. Assignment of indenture or contract of service on death of master 266 214. Consent of apprentice, etc., to assignment of indenture 267 215. Affidavit upon application for order of Court of Sessions directing assignment of indentures of apprenticeship. .. 268 216. Notice of application for order of Court of Sessions direct- ing assignment of indentures, etc., to be made 269 217. Order of Court of Sessions directing such assignment to be made 270 21?. Complaint in action against employer for neglect to teach, etc., apprentice 271 2ig. Complaint against the master for cruelty, misusage or vio- lation of duty, where money has been paid or agreed to be paid at the time of binding 273 220. Undertaking of master where complaint is not compromised. 274 221. Order of Court of Sessions on hearing of complaint, form No. 219 275 222. Same complaint, when no money has been paid or agreed to be paid for his instruction 276 223. Summons issued upon complaint, form No. 222 278 224. Dismissal of complaint or discharge of apprentice 278 225. Complaint against apprentice or servant for absenting him- self or refusing to serve, or for a misdemeanor or ill- behavior, where money has been paid or agreed to be paid by or to the master 280 226. Warrant upon filing of complaint, form No. 225 280 227. Undertaking to be given by clerk or apprentice for his ap- pearance at Court of Sessions, where money has been paid or agreed for on binding him out 281 228. Order of court on hearing of complaint, form No. 225 282 229. Same complaint against apprentice, where no money has been paid or agreed to be paid for his instruction 283 Table of Contents. xv PAGE. No. 230. Warrant when complaint is made in the absence of the de- fendant 284 231. Commitment or discharge of defendant by magistrate 285 CHAPTER VII. Forms of Assignments. 233. Assignmentof copyright in a book, for one edition, or in full. 289 234. Assignment of partnership property by one partner to the other, on dissolution 292 235. Assignment by partners, each to the other, of debts owing to them jointly 294 236. Assignment of a bond or other instrument for the payment of money 296 237. Assignment of a bond, or other instrument indorsed thereon. 297 238. Assignment of a mortgage 298 239. Same, another form 300 240. Assignment of a bond and mortgage, with covenants . 301 241. Assignment of a bond and mortgage as collateral security for a debt 303 242. Assignment of a demand as collateral security for an in- dorsement 304 243. Assignment of a demand as collateral security for a promis- sory note, etc 305 244. Assignment of a judgment 305 245. Same, short form 307 246. Same, another form 308 247. Assignment of dower 308 248. Assignment by lessee of lease under seal 309 249. Assignment of lease by indorsement 310 250. Assignment of lease by executor of lessee 311 251. Assignment of a patent right, or of an interest therein 314 252. Assignment of book account 315 253. Assignment of a man's whole estate in consideration of cer- tain specified debts 315 254. Assignment of indenture of apprenticeship (reference to No. 211). 316 255. Assignment by old sheriff to the new sheriff. 316 256. Assignment of entire or part interest in invention 317 257. Assignment of entire interest in invention, with certificate of record in United States patent office 318 258. Assignment of part interest in invention, with certificate of record in United States patent office 319 xvi Table of Contents. CHAPTER VIIL Forms of Assignments for Creditors. PAGE. No. 25g. Assignment by an individual for the payment of his debts, giving a preference, etc 321 260. Same, by members of copartnership, with preferences 332 261. Schedule to be annexed to Tassignment for creditors, when referred to as annexed 340 262. Inventory or schedule required by laws of New York to be made and filed by a debtor making a general assignment for creditors 342 CHAPTER IX. Forms Relating to Auctioneers. 263. Auctioneer's bond on his appointment 348 264. Notice to comptroller of approval of bond of auctioneer by officer taking the same , 350 265. Oath of auctioneer to be taken before the officer to whom his account is exhibited 351 266. Oath to be taken by clerk or copartner of auctioneer making sales at auction 352 • 267. Oath to be taken by auctioneer's partner or clerk to be in- dorsed on account containing sales made by him 352 268. Form of auctioneer's account of sales, etc 353 269. Terms of sale by auctioneer, etc 356 CHAPTER X. Forms of Award by Arbitrators. 270. Award by arbitrators 358 271. Same, another form 359 272. Revocation of the powers of arbitrators 360 273. Notice of revocation of powers of arbitrators 360 CHAPTER XI. Forms of Bills of Sale. 274. Bill of sale of goods and chattels, with covenant of warranty. 362 271;. Bill of sale of a United States registered vessel 363 276. Same, of a United States enrolled vessel 366 277. Bill of sale of personal property by brother to sister, in con- sideration of the maintenance of the vendor during his life 368 Table of Contents, xvii CHAPTER XII. Forms of Bonds. PAGE. No. 278. Common form of bond 371 279. Bond with condition to pay money at different times 374 280. Same, with condition to keep mortgaged premises insured, and to assign the policy, etc 375 281. Same, with condition to execute p conveyance 376 282. Same, with condition of indemnity to a surety in a bond. . . 377 283. Same, with condition to indemnify on payment of a lost bote 378 284. Bond of indemnity to a sheriff 379 285. Bond with condition for payment of an annuity 3B0 286. A bottomry bond 381 287. A respondentia bond 384 288. Bond with condition to maintain a person during life 386 289. Same, with condition to procure an heir, etc., to convey when of age, and for quiet enjoyment 386 290. Same, with condition to marry a person, or pay, etc 387 291. Same, with condition for performance of covenants 388 292. Bail bond 389 293. Bond with condition for jail limits 389 294. Auctioneer's bond 390 295. A penal bill 390 296. A single bill 391 297. Bond by legatee to executor when legacy is to be paid within one year etc 391 298. Bond on bringing suit for legacy 392 299. Same, by a minor 394 300. Bond by a general guardian 395 301. Arbitration bond : . . 396 302. Bond of executor or administrator 398 303. Bond of guardian ad litem in partition suit 398 304. Same, in suit brought for a legacy. (See form No. 299.). . . 399 305. Bond of receiver 399 306. Bond by guardian before receiving property 400 307. Bond in action or special proceeding, general form 400 308. Bond of assignee for creditors 401 309. Bond of commissioner of highways 402 310. Bond of new trustee appointed in place of deceased trustee of express trust ■• 402 311. Same, of trustee appointed in place of one whose resignation has been accepted 403 312. Bond of auctioneer upon his appointment. (See form No. 263) 403 313. Bond of sheriff 404 314. Same, of deputy sheriff. 405 C xviii -Table of Contents. PAGH. No. 315. Bond to town for support of child 4o6 316. Bond of a treasurer of a corporation 4°? 317. Bond with warrant of attorney to confess judgment 408 318. Bond of railroad corporation 409 319. Bond of railroad corporation secured by mortgage 410 320. Coupon to be annexed to bonds, forms Nos. 318, 319 411 CHAPTER XIII. Forms of Charter-Party. 321. Charter-party 412 322. Charter-party; another form 4^5 CHAPTER XIV. Forms of Condemnation of Real Property. (N. Y. Code Civ. Proc, chap. 23, title i.) 323. Petition for condemnation of real property 418 324. Notice of presentation of above petition 421 325. Order appointing guardian ad litem for infant, idiot, etc., defendant, in such proceeding. 422 326. Bond of guardian ad litem of infant, etc. , in such proceed- ing 422 327. Answer by owner of property to above petition ... 423 328. Decision of court on trial of issues in such proceeding 424 329. Order of reference in such proceeding 425 330. Oath of referee in such proceeding 426 331. Referee's report in such proceeding 426 332. Notice of motion for judgment upon the report of referee in such proceeding, and for appointment of commission- ers of appraisal 427 333. Judgment after trial in such proceeding 428 334. Judgment for plaintiff in case no answer is interposed to petition in such proceeding 429 335. Subpoena issued by commissioners of appraisal in such pro- ceeding 430 336. Oath to be administered to witness by commissioners of ap- praisal in such proceeding 431 337. Notice of meeting of commissioners in such proceeding. . . 431 338. Oath of commissioners in such proceeding 432 339. Report of commissioners in such proceeding. 433 340. Noticeof filing report of commissioners in such proceeding. 434 341. Order confirming or setting aside the report of commission- ers in such proceeding 435 Table of Contents. xix PAGE. No. 342. Offer to purchase the property at a specified price, before service of petition and notice in such proceeding 438 343. Acceptance of oifer, form No. 342 438 344. Order upon offer and acceptance in such proceeding 439 345. Notice by plaintiff of abandonment of such proceeding. .. . 440 346. Notice of appeal from final order in such proceeding 440 347. Notice of appeal from judgment rendered in favor of de- fendant in such proceeeding 441 348. Notice of argument of appeal from final order confirming the report of commissioners in such proceeding 442 349. Order upon appeal from final order in such proceeding, di- recting reappraisal by same or new commissioners 442 350. Order affirming, reversing or modifying judgment on appeal therefrom in such proceeding , 443 351. Judgment of affirmance on appeal from judgment in such proceeding , 444 352. Affidavit on motion for permission to plaintiff to enter upon the real property, in such proceeding •. 445 353. Notice of motion for permission to plaintiff to enter upon the real property in such proceeding 446 354. Order permitting the plaintiff to enter upon the real prop- erty to be taken in such proceeding 446 355. Notice of pendency of such proceeding 447 CHAPTER XV. Forms of Copyright. 356. Record to be made of the name of a book, etc., upon grant- ing a copyright, by librarian of Congress 449 CHAPTER XVI. Forms Relating to Corporations. TITLE 1. Forms Under Banking Law of the State of New York. (Laws of N. Y. of 1892, chap. 68g.) Article i. Forms Relating to Banking Corporations and Individual Bankers. (Laws of N. Y. of 1892, chap. 68g, art. 2.) 357. Affidavit to be made before commencing business of bank- ing 451 358. Report by banking corporation or individual banker, to be made at least once in every three months 45a XX Table of Contents. PAGE. No. 359. Statement to be published annually by bank or individual banker of unclaimed deposits, dividends, etc 453 360. Application to superintendent of banks by corporation for leave to change place of business 455 361. Certificate of superintendent of banks consenting to change of location 456 362. Certificate of superintendent of banks of approval, and of compliance with provisions of banking laws .. ^ 457 363. Certificate of superintendent in case of foreign corporation . 457 364. Appointment of superintendent as attorney for service of process 458 365. Certificate of incorporation of bank 45g 366. Certificate of individual banker's residence to be filed by him 460 367. Notice of change of place of residence of individual banker 461 368. Agreement of consolidation of two or more banking corpo- rations 461 369. Notice to stockholders of intention to consolidate two or more banking corporations 462 370. AflSdavit of service of notice of intention to consolidate two or more banking corporations 463 371. Consent of stockholders of banking corporations to consoli- dation 464 372. Afiidavit of assent of stockholders owning two-thirds of stock of banking corporation to consolidation 464 373. Certificate of superintendent as to value of property of cor- porations to be consolidated 465 374. Dissent of stockholder to consolidation of banking corpo- ration 466 375. Oath of directors of banking corporation 466 376. Authority of stockholders to change National bank to State bank 467 377. Resolution of board of directors of bank in favor of change of National bank to State bank 468 378. Certificate of incorporation of banking corporation changing from National to State bank 469 379. Notice to comptroller of the currency that a vote of stock- holders of National bank to go into liquidation and be closed has been taken 471 380. Notice to be published of vote of shareholders owning two- thirds of stock of National bank to go into liquidation and close up its aifairs 471 381. Assent of depositors to the transfer of their deposits 472 382. Power of attorney for distant stockholders, if their assent is needed .,„ Table of Contents. xxi Article 2. Forms Relating to Savings Banks. (Laws of N. y. of 1892, chap. 68g, art. 3.) PAGE. No. 383. Report by savings bank to superintendent of banks of dor- mant accounts 474 384. Certificate of incorporation of savings bank 475 385. Notice of intention to organize a savings bank 476 386. Certificate of authorization to open office for deposit of sav- ings.... 477 387. Order of superintendent of banks extending time for organi- zation of savings bank 478 388. Copy of record of meeting called to determine as to neces- sity, etc., of dissolution of solvent savings bank, certified by president etc 478 389. Notice to creditors, etc., of banking corporation, of the adoption of resolution, form No. 388 479 Article 3. Forms Relating to Trust Companies. (Laws of N. Y. of 1892, chap. 689, art. 4.) 390. Certificate of incorporation of trust company. . 480 391. Direction for publication of notice of intention to organize trust company 481 392. Notice of intention to organize trust company 482 393. List of stockholders of trust company to be filed with super- intendent of banks before entering upon active duties. . 482 Article 4. Forms Relating to Building and Mutual Loan Corpora- tions. (Laws of N. Y. of 1892, chap. 689, art. 5.) 394. Certificate of incorporation of building and mutual loan in- corporation .' 483 Article 5. Forms Relating to Co-operative Loan Associations. (Laws of N. Y. of 1892, chap. 689, art. 6.) 395. Certificate of incorporation of co-operative loan associa- tions 485 xxii Table of Contents. Article 5. Forms Relating to Mortgage, Loan and Investment Corporations. (Laws of N. Y. of 1892, chap. 68g, art. 7.) PAGE, No. 396. License by superintendent of banks to foreign mortgage company, to transact business within the State 486 397. Certificate to be filed by such mortgage, loan or investment company 4°7 398. Designation of superintendent of banks as attorney by such mortgage, loan or investment corporation 488 Article 7. Forms Relating to Safe Deposit Companies. (Laws of N. Y. of 1892, chap. 689, art. 8.) 399. Certificate of incorporation of safe deposit company 488 400. Notice of election of directors of safe deposit company. . 490 401. Notice to hirer of safe in safe deposit company, before opening safe, rent thereof being overdue for three years. 491 TITLE II. Forms Relating to Business Corporations. (Laws of N. Y. of 1890, chap. 567, as amended by Laws of N. Y. of 1892, chap. 689.) 402. Certificate of incorporation of business corporation 492 403. Certificate required to be filed by business corporation before entering on its business 494 404. By-laws of business corporation 495 405. Notice of meeting of stockholders for reorganization of ex- isting business corporation 498 406. Certificate of reorganization of existing business corpora- tion 498 407. Certificate of payment of capital stock of business corpo- ration 500 408. Supplemental certificate to be filed by business corpora- tion, in order to become a full liability corporation 501 409. Copy resolutions to be annexed to certificate, form No. 408. 502 410. Consent of stockholders to be annexed to certificate, form No. 408 503 411. Amended certificate to extend business of business corpo- ration '. 503 Table of Contents. xxiii PAGE. No. 412. Affidavit of directors present at meeting of stoclcholders of business corporation to be annexed to certificate, form No. 4n 505 413. Agreement for consolidation of business corporation 505 414. Notice of meeting of stockholders for submission of agree- ment, form No. 413 , 507 415. Proceedings of meeting held pursuant to notice, form No. 414 507 TITLE in. Forms Under General Corporation Law. (Laws of N. Y. of rSgo, chap. 563, as amended by chap. 687 of Laws of N. Y. of i8g2.) 416. Certificate of authority of a foreign corporation 509 417. Statement and designation by foreign corporation in order to obtain certificate of authority 510 418. Proxy to vote at election for a member of corporation 511 419. Oath by member of corporation upon his vote being chal- lenged 512 420. Oath by proxy of member upon challenge 512 421. Notice of special election of such directors 513 422. Certificate of extension of corporate existence of corpora- tion 514 TITLE IV. Forms Relating to Railroad Corporations. (Laws of N. Y. of 1890, chap. 565, as amended by chap. 676 of Laws of N. Y. of 1892.) Article i. Forms Relating to Railroads Generally. (Same act as amended, art. i.) 423. Certificate of incorporation of railroad corporation 515 424. Affidavit to be indorsed upon or annexed to certificate of incorporation of railroad corporation 515 425. Supplemental certificate of names and places of residences of directors omitted from original certificate of incorpo- ration of railroad corporation 520 426. Notice to occupant of lands of filing map and profile of route, etc 521 xxiv Table of Contents. PAGB. No. 427. Petition by owner or occupant of land over which route of railroad is located for the appointment of commissioners to examine the route 523 428. Notice of application to justice of Supreme Court for ap- pointment of commissioners to examine route of railroad corporation ' 5^4 429. Order appointing commissioners to examine route of rail- road 525 430. Determination of commissioners appointed to examine route of railroad 526 431. Notice of appeal from the decision of the commissioners appointed to examine the route of railroad 527 432. Order of General Term upon appeal from decision of com- missioners appointed to examine the route of railroad.. . 528 433. Certificate of change of route or termini of railroad 529 434. Certificate of incorporation of railroad corporation for con- struction, etc., of railroad in foreign country 530 435. Notice to railroad corporation by laborer of amount due him from contractor 531 436. Notice of sale of unclaimed freight or baggage by railroad corporation 532 437. Report to comptroller of sale of unclaimed freight, etc. . . . 533 438. Proofs of advertisement accompanying report, form No. 437 534 439. Oath of policeman appointed by the governor to act for railroad corporation 535 440. Notice by railroad corporation that they no longer require the services of a policeman 535 441. Agreement for consolidation of railroad corporations 536 442. Notice of meeting of stockholders to consider as to con- solidation of railroad corporations 538 443. Certificate of adoption of agreement for consolidation of railroad corporations 539 444. Notice of meeting of stockholders of railroad corporation to consider question of leasing of road .' . 540 445. Certificate of adoption of agreement for leasing of railroad. 541 Article ;:. Forms Relating to Street Surface Railroads. (Laws of N. Y. of 1890, chap. 565, art. 4, as amended by Laws of N. Y. of 1892, chap. 676.) 446. Consent of property owners to construction of street sur- face railroad 447. Notice of application to local authorities for consent to construction of street surface railroad 543 542 Table of Contents. xxv PAGE. No. 448. Application to local authorities for consent to construction of street surface railroad . . 544 44g. Consent by local or municipal authorities to the construc- tion and maintenance of street surface railroad 546 450. Notice of sale of franchise of street surface railroad, by city containing twelve hundred and fifty thousand in- habitants 549 Article 3. Forms Relating to Other Railroads in Cities and Counties. (Laws of N. Y. of i8go, chap. 565, art. 5, as amended by chap. 676 of Laws of N. Y. of 1892.) 451. Application to supervisors for steam railway in streets, etc., of city or county 551 452. Order of Supreme Court appointing commissioners to de- termine necessity of a steam railway in the streets, etc., of city or county 553 453. Oath of commissioners appointed by order of the court, form No. 452 554 454. Bond of commissioners appointed by order, form No. 452. 555 455. Notice of meeting of commissioners appointed by order, form No. 452, of meeting for the purpose of appraisal of property 556 456. Bond of corporation to be given in lieu of deposit of money and securities 557 457. Certificate of incorporation of railway company prepared by such commissioners 558 458. Notice of meeting of subscribers to capital stock of railway corporation organized by the commissioners 559 459. Affidavit of directors to be annexed to form No. 457 560 460. Certificate of commissioners appointed to determine neces- sity of steam railway in city or county 561 461. Report of commissioners appointed to determine upon necessity of steam railway in streets, etc., of city or county 563 462. Notice of motion to confirm commissioners' report, form No. 461 566 463. Application for authority to abandon or change part of route by railway corporation 567 464. Report of commissioners appointed pursuant to applica- tion, form No. 463 568 D xxvi Table of Contents. TITLE V. Forms Under the Stock Corporation Law of New York State. (Laws of N. Y. of 1890, chap. 564, as amended by chap. 688 of Laws of N. Y. of 1892.) PAGE. No. 465. Consent of stockholders to mortgage property and fran- chises of stock corporation 572 466. Certificate upon reorganization of domestic stock corpora- tion, upon sale under judgment, etc., of its property and franchises 573 467. Notice to stockholders of stock corporation of meeting to increase or reduce the number of directors 574 468. Proof of service of notice, form No. 467 575 469. Transcript of proceedings of such meeting 575 470. Oath of inspectors of election of stock corporation 577 471. Stock book of stock corporation 577 472. Annual report of stock corporation, other than monied and railroad corporations 578 473. Affidavit of directors of such corporation to avoid personal liability for failure to make and file report, form No. 472. 578 474. Amended certificate of stock corporation altering or ex- tending its business and powers 579 475. Copy proceedings of meeting to be filed with such amended certificate 580 476. Notice of meeting of stockholders to increase or reduce capital stock 581 477. Certificate of such increase or reduction 581 478. Approval by comptroller, etc., to be indorsed upon cer- tificate, form No. 477, in certain cases 583 479. Application to court to order issue of new certificate in place of lost certificate of stock 583 480. Order of court to show cause upon such application 583 481. Order of court upon return of order to show cause, form No. 480... 584 482. Bond of indemnity to be filed pursuant to order form No. 481, requiring the issuing of new stock certificates 584 483. Request to treasurer, etc., of stock corporation, for a state- ment of its affairs 584 484. Petition for extension of time to make and deliver such statement 585 485. Order of court or judge upon petition, form No. 484. ..... 585 486. Notice by laborer, servant or employe of stock corporation to stockholder of intention to hold him liable for debt owing to such laborer, etc 586 Table of Contents. xxvii TITLE VL Forms Relating to Transportation Corporations. (Laws of N. Y. of 1890, chap. 566.) Article i. Forms Relating to Ferry Corporations. (Laws of N. Y. of 1890, chap. 566, art. i.) PAGE. No. 487. Certificate of incorporation of ferry corporation 587 488. Affidavit of majority of directors of a ferry corporation, that one-half of its capital has been actually paid in 589 Article 2. Forms Relating to Navigation Corporations. (Laws of N. Y. of 1890, chap. 566, art. 2.) 489. Certificate of incorporation of navigation corporations .... 589 490. Affidavit of directors of navigation corporation, to be at- tached to certificate, form No. 489 591 491. Certificate that capital stock of navigation corporation has been paid in . 592 Article 3. Forms Relating to Stage Coach Corporations. (Laws of N. Y. of 1890, chap. 566, art. 3.) 492. Certificate of incorporation of stage coach corporation .... 593 493. Certificate by directors of stage coach corporation of altera- tion or extension of route or routes 594 Article 4. Forms Relating to Tramway Corporations. (Laws of N. Y. of 1890, chap. 566, art. 4.) 494. Certificate of incorporation of tramway corporation 595 Article 5, Forms Relating to Pipe Line Corporations. (Laws of N. Y. of 1890, chap. 566, art. 5.) 495. Certificate of incorporation of pipe line corporation 597 496. Affidavit by directors as to subscription to and payment in money, for stock of pipe line corporations, etc. . .' 598 xxviii Table of Contents. PAGE. No. 497. Notice to owners and occupants through whose land pipe line route lies of filing map 599 498. Notice by occupant or owner of lands of application for ap- pointment of commissioners to relocate the line of pipe line corporation 600 499. Order appointing commissioners to relocate route of pipe line 601 500. Report of such commissioners 601 501. Order of court upon report, form No. 499 602 502. Petition of pipe line company for permission to construct its line across, along or upon highway or bridge 603 503. Notice of motion upon petition, form No. 502 604 504. Order of court granting such permission 605 505. Monthly statement by pipe line corporation 605 Article 6. Forms Relating to Gas and Electric Light Corporations. (Laws of N. Y. of 1890, chap. 566, art. 6.) 506. Certificate of incorporation of gas and electric light corpo- ration 606 Article 7. Forms Relating to Water-works Corporations. (Laws of N. Y. of 1890, chap. 566, art. 7.) 507. Certificate of incorporation of water-works corporation, in city, town or village 608 508. Permit of city, town or village authorities authorizing the formation of such corporation 609 509. Affidavit of three directors, as to subscription and payment for capital stock 610 Article 8. Forms Relating to Telegraph and Telephone Corporations. (Laws of N. Y. of 1890, chap.. 566, art. 8.) 510. Certificate of incorporation of telegraph or telephone com- pany 611 511. Amended certificate of electric telegraph or telephone cor- poration 612 512. Affidavit of three directors to be annexed to amended cer- tificate, form No. 511 613 Table of Contents. xxix Article g. Forms Relating to Turnpike, Plank Road and Bridge Corporations. (Laws of N. Y. of 1890, chap. 566, art. 9.) PAGE. No. 513. Certificate of incorporation of turnpike, plank road, bridge, causeway, etc., corporation 615 514. Affidavit of directors to be indorsed on or annexed lo certifi- cate of incorporation of turnpike, plank road, etc., cor- poration 617 515. Agreement of commissioners of highways and supervisor, with plank road or turnpike corporation for use of high- way 618 516. Consent of owners of property to taking of highway for plank road or turnpike 6ig 517. Application to board of supervisors for authority to lay out a plank road or turnpike, or to construct a bridge 619 518. Notice of application to board of supervisors for authority to lay out plank road or turnpike, or construct bridge. . . 620 519. Notice of special meeting of board of supervisors for hear- ing application of plank road, turnpike or bridge corpo- ration, for authority to construct such road or bridge 621 520. Affidavit of service of notice of meeting, form No. 519 621 521. Order of board of supervisors authorizing the construction of plank road or turnpike 622 522. Survey and description of the route of plank road or turn- pike by commissioners appointed to lay out same 623 523. Oath of commissioners to lay out plank or turnpike road. . 624 524. Release by owner of real property to plank or turnpike road corporation for the use of its road 625 525. Certificate of commissioners of highways of completion of bridge or of turnpike or plank road 625 526. Petition by commissioners of highways for order to change location of gate of plank or turnpike road 626 527. Notice of application upon petition, form No. 526 627 528. Order of County Court upon application by commissioners of highways for change of location of gate of plank road or turnpike corporation 628 529. Notice of appeal from order of County Court changing, etc., location of gate on plank road or turnpike 629 530. Notice of motion for appointment of referees, in appeal from order of County Court changing, etc., location of toll gate on plank road or turnpike 630 531. Order of Supreme Court appointing referee, on appeal from order of County Court changing, etc., location of toll- gate upon plank road or turnpike 630 XXX Table of Contents. PAGE. No. 53a. Oath of referees appointed upon appeal from order changing, etc., location of toll-gate upon plank road or turnpike. . 631 533. Report of such referees 632 534. Order for judgment upon appeal from order changing, etc., location of toll-gate upon plank road or turnpike 633 535. Judgment of General Term of Supreme Court on appeal from order changing, etc., location of toll-gate on plank road or turnpike 634 536. Order of county judge fixing security to be given on such ap- peal 635 537. Undertaking on such appeal 635 538. Notice to toll -gatherer, etc., by commissioners of'highways, etc., to put road in good condition 637 539. Notice of appeal to County Court from order of commis- sioners of highways opening toll-gates upon road of plank road or turnpike corporation 638 540. Notice of hearing of such appeal 638 541. Order of County Court affirming, etc., order of commission- ers of highways on such appeal 639 542. Order of commissioners of highways ordering toll-gates of plank road or turnpike corporation to be thrown open. . . 640 543. Notice of location of office of plank road or turnpike corpo- ration . 640 544. Certificate of consolidation of two or more plank road or turnpike corporations, and of changing name 641 545. Consent to abandonment of the whole or part of plank road or turnpike 642 546. Declaration by directors of abandoning of plank road or turnpike in whole or in part 643 547. Notice of appeal to county judge by plank road or turnpike corporation from decision of assessors 644 548. Notice by president or secretary of plank road or turnpike corporation to road inspector of encroachment of fence or other structure upon road 644 549. Order by road inspector to remove fence or other structure from plank road or turnpike 645 550. Consent of board of supervisors to extension of corporate existence of plank road or turnpike corporation 646 551. Statement of president and treasurer to be filed with cer- tificate of continuance of existence of plank road or turn- pike company 647 552. Consent of stockholders of plank road or turnpike corpora- tion to extension of corporate existence 648 Table of Contents. xxxi TITLE V. Forms of Application for Mortgage, Lease or Sale of Corporate Real Property, or of Real Property of Joint Stock Association, (N. y. Code Civ. Proc, chap. 23, tit. 2.) PAGE. No. 553. Petition for the mortgage, lease or sale of corporate real property, or of real property of joint stock association. . . 649 554. Order of court upon petition of a corporation, etc., for leave to mortgage, sell, etc., real estate 652 555. Notice of application for mortgage, sale, etc., of real estate, by corporation, etc 654 556. Proof of service of notice of application to court, for leave to mortgage, etc., real estate of corporation, etc 655 CHAPTER XVII. Forms Relating to Coroners, (N. Y. Code Crim. Proc, part 6, tit. i.) 557. Subpoena for witness on coroner's inquest 656 558. Attachment against witness subpoenaed by coroner for non- appearance 657 559. Return to attachment, form No. 558 657 560. Oath to be administered to foreman of coroner's jury 657 561. Oath to be administered to jurors composing coroner's jury. 658 562. Oath to be administered to witness at coroner's inquest. . . . 658 563. Oath to be administered to interpreter at coroner's inquest. 658 564. Examination of witnesses before coroner's jury 659 565. Inquisition of coroner's inquest 660 566. Coroner's warrant for arrest of party charged 661 567. Undertaking by coroner when designated to act as sheriff. . 661 CHAPTER XVIII. Forms Relating to Custody of Minor Child. (N. Y. R. S., part 2, chap. 8, tit. 2, § i.) 568. Petition for writ of habeas corpus by mother to obtain cus- tody of her children 663 569.. Order of the court that writ oi habeas corpus issue to produce minor child 665 570. Writ of habeas corpus to bring minor child before the court, 665 xxxii Table of Contents. CHAPTER XlX. Forms Relating to Debtor and Creditor, PAGE. No. 571. A letter of license from creditors to a debtor 667 572. Deed of composition of debts 669 573. Deed of composition with creditors ; another form 671 CHAPTER XX. Forms of Deeds. TITLE L General Forms. 574. Conveyance of real estate, containing covenants of further assurance, of quiet enjoyment, against grantor, against incumbrances, of seizin, of right to convey, and of gen- eral and special warranty, commonly called a full cove- nant deed 673 575. Full covenant deed, containing same covenants as in last form ; shorter form 679 576. Condensed form of covenants of seizin, against incum- brances and of warranty, in deed 680 577. Sheriffs certificate on a sale of real estate 680 578. Assignment of sheriff's certificate of sale, under execution, form No. 577 682 57g. Sheriff's deed on sale under execution 683 580. Sheriff's or referee's deed in action for foreclosure of mort- gage of real property 686 581. Deed with covenants, against grantor only 688 582. Deed of partition between heirs at law 689 583. Same between tenants in common or joint tenants 691 584. Deed under chapter 475 of Laws of New York of 1890, § 6, containing full covenants 692 585. Executor's deed 694 586. Declaration of trust 695 587. Same, where land is purchased by two or more, for the bene- fit of themselves and others "696 588. A grant of annuity by deed 701 589. Deed of gift of lands. .-. 703 590. Same by a father to his son, of personal property, the son to pay his father's debts, and allow him an annual sum, with clause of re-entry on default, etc 706 5gi. Release of dower by widow indorsed on deed 708 592. Sheriif 's or referee's deed in action for partition of real property 709 Table of Contents. xxxiii PAGE. No. 593.. Deed by special guardian of infant's property, under order of the court 711 594. Release by widow of her right of dower in property con- veyed by form No. 593 713 595. Deed by committee of lunatic of lunatic's property 714 596. Deed on sale of property of decedent for payment of debts, etc 716 TITLE n. Forms of Deeds in the Different States and Territories OF THE United States, Statutory and Otherwise. 597. Form of deed in State of Alabama , 719 598. Same in Territory of Arizona 720 599. Same in State of Arkansas 721 600. Same in State of California 722 601. Same in State of Colorado 723 602. Same in State of Connecticut 724 603. Same in Dakota Territory, now North and South Dakota. . 724 604. Same in State of Delaware 725 605. Same in District of Columbia 725 606. Same in State of Florida 725 607. Same in State of Georgia. 726 608. Same in State of Idaho 726 609. Same, with covenants, in State of Illinois 727 610. Same, without covenants, in State of Illinois 727 611. Same, with covenants, in State of Indiana 728 612. Same, of quit-claim, in State of Indiana 729 613. Same in Indian Territory 729 614. Same, of quit-claim, in fee simple and with covenant of warranty, in the State of Iowa 729 615. Forms of warranty and quit-claim deeds in the State of Kansas 730 616. Form of deed in the State of Kentucky 731 617. Same in State of Louisiana 731 618. Same in State of Maine, 732 619. Form of deed conveying a fee simple in real estate, in State of Maryland 732 620. Same where married woman is a party 733 621. Form of deed conveying estate for life in real estate, in State of Maryland 733 622. Form of deed in State of Massachusetts 733 623. Same in State of Michigan 734 624. Same in State of Minnesota 734 625. Same in State of Mississippi 736 626. Same in State of Missouri \ . . . . 73& E xxxiv Table of Contents. PAGE. No. 627. Same in State of Montana 737 628. Same in State of Nebraska 738 629. Same in State of Nevada 738 630. Same in State of New Hampshire 738 631. Same in State of New Jersey 739 632. Same in Territory of New Mexico 739 633. Same in State of New York 740 634. Form of executor's deed in State of New York 740 635. Form of deed in State of North Carolina 740 636. Same in State of North Dakota 740 637. Same in State of Ohio 741 63S. Same in Territory of Oklahoma 741 639. Same in State of Oregon 742 640. Same in State of Pennsylvania 742 641. Same in State of Rhode Island , 743 642. Same in State of South Carolina 743 643. Same in State of South Dakota 744 644. "Same in State of Tennessee 744 645. Same in State of Texas 746 646. Same in Territory of Utah 747 647. Same in State of Vermont 748 648. Same in State of Virginia 748 649. Form of warranty deed in State of Washington 749 650. Form of deed of bargain and sale in State of Washington. . 750' 651. Form of quit-claim deed in State of Washington 751 652. Form of deed in State of West Virginia 751 653. Forms of warranty and quit-claim deeds in State of Wis- consin 752 654. Form of deed in State of Wyoming 753 CHAPTER XXI. Forms Relating to Excise. (Laws of N. Y. of 1892, chap. 401.) 655. Oath of office of commissioner of excise 755 656. Bond of commissioner of excise 756 657. Record book of board of excise 757 658. Subpoena issued by board of excise 758 659. Oath to witness before board of excise 758 660. Annual report of board of excise 759 661. Hotel license ^60 662. Saloon liquor license 761 663. Saloon ale and beer license. 762 664. Storekeeper's license 763 665. Druggist's license jg. Table of Contents. xxxv PAGE. No. 666. Application for license 764 667. Bond to accompany such application 766 668. Consent of authorities having charge and control of park, to granting of license 768 669. Writ of certiorari to board of excise on refusal to grant license 769 670. Return to such writ ; 770 671. Permission of board of excise to carry on business on other premises 770 672. Permission of such board to sell, transfer and assign license 771 673. License by comptroller to common carrier 772 674. Complaint before board of excise 773 CHAPTER XXII. Forms of Extradition. 675. Affidavit in extradition proceeding 774 676. Warrant by the governor for surrender of fugitive from justice 775 677. Commitment of fugitive from justice, under extradition treaty, by United States commissioner 777 678. Warrant of secretary of State for extradition of fugitive from justice 778 CHAPTER XXIII. Forms Relating to Guardian and Ward. 679. Appointment by minor of guardian 780 680. Appointment of a guardian by a father for a son 780 CHAPTER XXIV. Forms Relating to Highways and Bridges. (Laws of N. Y. of 1890, chap. 568.) TITLE L Forms Relating to Highway Officers, their General Powers and Duties. (Laws of New York of 1890, chap. 568, art. i.) 681. Order of highway commissioners ascertaining and describ- ing an old highway not sufficientlv described 784 xxxvi Table of Contents, PAGE. No. 682. Order of commissioners of highways dividing town into highway districts and assigning inhabitants and corpora- tions thereto 784 683. Order of commissioners of highways appointing overseers of highways 785 684. Notice by town clerk to overseers of highways of their ap- pointment 786 685. Notice by commissioners of highways to overseers, requir- ing them to warn persons and corporations to work on highways 787 686. Request by commissioners of highways to supervisors or town clerk to convene town board of auditors in special session 787 687. Certificate of supervisors and town clerk as to amount au- dited and allowed by town board for repairs to highways and bridges 788 688. Complaint to commissioners of highways that toll bridge has become unsafe ... 788 68g. Notice by commissioners of highways to owner of toll bridge or his agent that toll bridge has been found un- safe 789 690. Annual report of commissioners of highways to town board at its first meeting 790 691. Annual report of commissioners of highways to town board at its second meeting 791 692. Notice to overseer of highways to remove snow or other ob- structions to highway 791 693. Notice of overseer of highways pursuant to notice form No. 692, to assist in removing obstructions to highway. . 792 694. Complaint by overseer of highways in action for fine against person failing to appear pursuant to notice, form No. 693. 793 695. Complaint in action against overseer of highways for neg- lect to have highway opened, by removing obstructions therefrom 794 696. Complaint to commissioners of highways against overseer for neglect of duty 795 697. Bond for indemnity by complainant upon refusal or neglect of commissioners to prosecute overseer for penalty 795 TITLE II. Forms Relating to Assessment for Highway Labor. (Laws of N. Y. of i8go, chap. 568, art. 2.) 698. List by overseer of the names of inhabitants in his highway district liable to highway taxes yg-j Table of Contents. xxxvii PAGE. No. 699. List and statement of the contents of unoccupied lands owned by non-residents 798 700. Assessment of highway labor by commissioners of highways. 799 701. Assessment by overseer of highways of persons left out of the list of assessments for highway labor 800 702. Notice of appeal from assessment by overseer to commis- sioners of highways 800 703. Notice of appeal by non-resident owner of unoccupied lands from assessment made by commissioners of highways. . . 801 704. Notice of time of hearing of the appeal to the commissioners of highways 801 705. Assessment of highway labor by overseer of highways, additional to the assessment by the commissioners 802 706. Order of commissioners of highways authorizing the location and planting of trees and the construction of sidewalks.. 802 707. Application of majority of inhabitants in highway district for expenditure of a portion of highway labor, etc., in construction, etc., of sidewalks ... 803 708. Order of highway commissioners pursuant to application, form No. 707 804 709. Certificate of anticipation of highway labor from overseer to person or corporation performing labor 804 710. Request of tax payers of town, that the electors vote at town , meeting upon question of change of system of taxation for working highways '. 805 TITLE in. Forms Relating to the Duties of Overseers and the Performance of Highway Labor. (Laws of N. Y. of i8go, chap. 568, art. 3.) 711. Notice by overseer ^to residents of highway district to appear and work upon highway 806 712. Notice to resident agent of non-resident landholder of num- ber of days' labor assessed upon such non-resident, etc. . 807 713. Notice to be filed by overseer in case of not being able to find agent of non-resident in the town 808 714. Lists of residents and of lands of non-residents and un- known persons, on which assessments for highway labor are unpaid, to be made by overseers and delivered to supervisors 808 715. Complaint in action by commissioners of highways for re- covery of penalty for refusal, etc., to deliver list of un- paid assessments or to make affidavit 810 716. Annual account to be rendered to commissioners of high- ways by overseers of highways 811 xxxviii Table of Contents. PAGE. No. 717. Notice by overseers of highways to occupant of lands to re- move weeds, etc., from bounds of highway 813 718. Report of overseer to commissioners of highways as to weeds, etc., removed from highway 814 TITLE IV. Forms Relating to Laying Out, Altering and Discon- tinuing Highways, and Laying Out Private Roads. (Laws of N. Y. of 1890, chap. 568, art. 4.) Article I. Forms Relating to Altering, etc.. Highways. (Same statute as above.) 719. Application to commissioners of highways for order laying out or opening highways upon land dedicated for that purpose 817 720. Order of commissioners of highways, laying out highway upon land dedicated for highway purposes 817 721. Application for order of commissioner of highways, laying out highway, accompanied by consent of town board and release of damages 818 722. Application to commissioners of highways to lay out new highway or to alter or discontinue old highway 819 723. Petition to County Court for appointment of commissioners to determine necessity for laying out highway, etc 819 724. Order of County Court appointing commissioners upon petition, form No. 723 821 725. Oath of office to be taken by commissioners appointed by order, form No. 724 822 726. Notice of time and place of meeting of commissioners, etc., appointed by order, form No. 724 822 727. Affidavit of service of notice of meeting of commissioners appointed to determine the necessity of laying out, etc., highway 823 728. Affidavit of applicant to accompany form No. 727 824 729. Certificate of decision of commissioners appointed to deter- mine the necessity for laying out, etc., highway, in favor of application '. . 825 730. Same certificate denying application 826 731. Notice of motion to confirm, etc., commissioners* certifi- cate, form No. 729 827 732. Order of County Court confirming, etc., decision of com- missioners 828 Table of Contents; xxxix PAGE. No. 733- Certificate of commissioners of liighways tliat highway should be laid out through orchard, etc 829 734. Notice of hearing before County Court, upon certificate of commissioners • 830 735. Affidavit of service of notice of hearing, form No. 734 831 736. Order of County Court confirming certificate of commis- sioners of highways, form No. 733 831 737. Notice of presentation to General Term for confirmation of order, form No. 736 832 738. Order of General Term confirming order of County Court affirming certificate of commissioners of highways as to necessity for opening road through orchard, etc 833 739. Application for leave to lay out highway upon or through burying ground 834 740. Order of County Court directing to whom notice of appli- cation to lay out highway through burying ground shall be given 835 741. Certificate of disagreement of commissioners of highways of two towns as to laying out, etc., of highway extending into both towns 835 742. Order appointing commissioners upon certificate, form No. 741 837 743. Report of commissioners appointed to report upon laying out highway between two towns, upon certificate, form No. 741.... 839 744. Order of County Court confirming, etc., report of commis- sioners, form No. 743 840 745. Petition by commissioners of highways for adjustment of difierence as to new or altered highway 841 746. Order of commissioners of highways for laying out a high- way on the line between two towns 842 747. Order of commissioners of highways, discontinuing high- way not opened and worked within six years 843 748. Order to open highway which has been used by the public as such for twenty years or more 843 749. Notice to owner or occupant of land taken for a highway to remove his fences 844 750. Order of commissioners of highways, directing fences to be removed from highway and highway to be opened and worked 845 751. Notice to occupant of land to remove fallen trees from highway. 845 752. Notice by commissioners of highways to occupant or owner to remove encroachment upon or obstruction to highway 846 xl Table of Contents. Article 2. Forms Relating to Laying Out Private Roads. (Laws of N. Y. of 1890, chap. 568, art. 4.) PAGE. No. 753. Application to lay out private road 847 754. Notice of application to lay out private road, and of time and place for selection of a jury 848 755. Affidavit of service of notice on owners and occupants of lands 84S 756. List of jurors to be presented by commissioners in opening private road 849 757. Summons for jury to determine necessity for private road, etc 850 758. Oath to be administered to jurors to determine necessity for private road, etc 850 759. Verdict of jury appointed to determine such necessity 851 760. Certificate of commissioners of highways that private road has been laid out 852 761. Application to County Court by owner or occupant, for order confirming, etc., decision of jury, form No. 759... 852 762. Order of County Court, confirming, etc., such decision, ,., 853 TITLE V. Forms Relating to Bridges. (Laws of N. Y. of i8go, chap. 568, art. 5.) 763. Statement to be made by commissioners of highways to supervisor of town, as to expenses of free bridges in towns 855 764. Notice by commissioners of highways of town, liable with other town to repair, etc., bridge 856 765. Petition to commissioners of highways by freeholders for building, etc., of bridge over streams dividing towns 856 766. AiEdavit of freeholders on application to court for order requiring building, etc., of bridge 857 767. Notice of motion to commissioners of highways on applica- tion for order requiring them to build, etc., bridge over stream dividing towns 859 768. Order of court granting motion and ordering reference 860 769. Notice by referee appointed by order, form No. 768, of hear- ing before him 860 770. Report by referee, appointed by order, form No. 768 861 771. Order of court upon the coming in of referee's report 862 772. Report to be added to annual report of commissioners of highways to town board in case of proceeding to build, etc., bridge across stream dividing two towns 863 Table of Contents. xH PAGE. No. 773. Affidavit on application for reimbursement of moneys ex- pended in repairing, etc., unsafe bridge 863 774. Notice of application for such reimbursement 864 775. Order of court upon application for reimbursement by per- son repairing, etc. , bridge 865 776. Notice of penalty prescribed by commissioners of highways, for riding or driving faster than a walk on bridge 866 TITLE VI. Forms Relating to Ferries. (Laws of N. Y. of 1890, chap. 568, art. 7.) 777. Application for a license to keep a ferry 867 778. Notice to owners of land of application for a license to keep a ferry 869 779. Affidavit of service of notice, form No. 778 869 780. Undertaking given in proceeding to obtain license to estab- lish and keep a ferry 869 781. License to establish and keep a ferry 870 782. Clerk's certificate to be indorsed upon or annexed to a copy of license for licensee 871 CHAPTER XXV. Forms of Leases. TITLE I. General Forms, >-^83. Lease of a house, etc 873 784. Another short form of lease of house, etc 879 785. Short form of lease to be executed by both parties 880 786. A building lease 884 787. A contract for erection of building 884 788. Lease for years of farm lands 888 789. A lease in perpetuity 892 790. A lease for lives 895 791. Deed of surrender to the reversioner 899 792. Surrender of lease by lessee to lessor, to be indorsed on the lease 901 793. Lease of offices in building containing elevator, steam heat- ing, etc 9°i 794. Agreement forlease, see forms Nos. 171, 172 909 795. Lease containing chattel mortgage clause 909 F xlii Table of Contents. TITLE IL Statutory Forms of Leases. PAGE. No. 796. Form of lease in State of Maryland 910 797. Same in State of Virginia 911 798. Same in State of West Virginia 912 CHAPTER XXVI. Forms of Letters of Credit and Guaranties. 799. General letter of credit and guaranty 913 800. Special letter of credit 914 801. Guaranty of credit 915 802. Guaranty to bank 915 803. Guaranty of payment of instrument, indorsed thereon 916 CHAPTER XXVn. Forms Relating to Marriage. (N. Y. R. S., art. i, title i, chap. 8, § 13, part 2, as amended by Laws of N. Y. of 1873, chap. 25.) 804. Form of marriage certificate ._. 917 805. Form of examination of parties on oath as to their right to contract marriage 919 806. Oath to be administered by minister or magistrate to par- ties, etc., on taking their examination 920 807. Certificate of magistrate to be indorsed upon or annexed to form No. 804, when made by a minister, to entitle it to be filed and recorded 920 CHAPTER XXVHL Forms of Mortgages of Real and Personal Property. TITLE I. General Forms of Mortgage. 808. Mortgage of real estate with powers of sale, covenant to in- sure and to pay taxes, etc., and interest, etc., clause 921 8og. Another form of mortgage of real estate containing power of sale, covenant to insure and interest clause 928 Table of Contents. xliii FAGS, No. 8io. Mortgage of real estate to indemnify a surety 929 811. Satisfaction of mortgage of real property by mortgagee or his assignee 932 8r2. Extension of time of payment of bond and mortgage 933 813. Mortgage of personal property j 934 814. Statement of interest of mortgagee in property claimed by him under chattel mortgage 939 815. Mortgage of vessel 940 816. Notice of sale on default of payment of chattel mortgage. . 944 817. Satisfaction of chattel mortgage by mortgagee or assignee.. 946 TITLE II. Statutory Forms of Mortgages. 818. Mortgage of real estate in State of California 947 819. Mortgage of personal property in same State 948 820. Mortgage of real property in Dakota Territory, now North and South Dal£0ta 949 821. Mortgage of personal property in same Territory 949 822. Mortgage of lands in State of Illinois 950 823. Same in State of Indiana 951 824. Same in State of Iowa 951 825. Same in State of Kansas 952 826. Same in State of Maryland 952 827. Mortgage of personal property in State of Maryland 953 828. Mortgage of real property in State of Michigan 953 829. Same in State of Mississippi 954 830. Same in State of New York 954 831. Same in North Dakota 956 832. Same in Oklahoma Territory 956 833. Mortgage of personal property in same Territory 957 834. Mortgage of real property in South Dakota 958 835. Mortgage of real property in State of Tennessee 958 836. Deed of trust in same State 958 837. Deed of trust in lands in State of Virginia, to secure debts and indemnif;^ sureties 959 838. Mortgage of real property in State of Wisconsin 959 839. Deed of trust in lands in State of West Virginia, as secu- rity for debts and to indemnify sureties 959 840. Mortgage of real property in State of Wisconsin 960 xliv Table of Contents. CHAPTER XXIX. Forms of Naturalization of Foreigners. (U. S. Rev. Stat, § 2165, etc.) PAGE. No. 841. Declaration by alien of intention to become a citizen of the United States 962 842. Certificate of clerk 963 843. The lilce, in another form 963 844. Petition of alien for admission 964 845. Proof of residence. . 964 846. Oath of alien on his application to be admitted to citizen- ship 965 847. Certificate of naturalization 966 848. Order of court admitting alien 967 849. Oath to be filed to enable aliens in certain cases to hold and convey real estate in the State of New York 969 CHAPTER XXX. Forms of Oaths, Proclamations, etc. TITLE L Court Forms of Oaths. 850. Oath of witness in a civil cause 969 851. Oath of interpreter in civil action 970 852. Same in case of deaf and dumb witness 970 853. Oath of witness on the voir dire 970 854. Oath of party or witness to admit evidence of contents of paper 970 855. Same before proving the handwriting of a subscribing wit- ness 971 856. Oath of jurors in civil or criminal cause 971 857. Same in justice's court 971 858. Oath of triers in a civil cause on challenge for favor 972 859. Oath of witness on challenge of jurors for favor 972 860. Finding of triers 972 861. Oath of officer on retiring with juror on leave of absence. . 972 862. Oath of officer in charge of jury retiring for consideration.. 972 863. Oath of officer in charge of jury on adjournment 973 / 864. Oath on application to excuse. or discharge a juror or con- stable 973 865. Oath to foreman of grand jury 973 866. Oath of grand jurors 974 Table of Contents. xlv PAGE. No. 867. Oath of juror or constable for the remission of a fine 974 868. Oath of poor witness on application for expenses 974 869. Oath of prisoner as to his poverty. 975 TITLE n. Miscellaneous Forms op Oaths. 870. General form of oath of office 975 871 . Oath of arbitrators 976 872. Oath of witness before arbitrators 977 TITLE IIL Forms of Proclamations, Taking Verdict, Polling Jury, Etc. 873. Proclamation by crier on opening the court 978 ' 874. Same for return of process by sheriff. 978 875. Same before calling grand jury 978 876. Same for return of recognizances, etc 978 877. Same for silence on charging grand jury 979 878. Same for imposition of fines 979 879. Same for bail to produce their principals 979 880. Same for the discharge of a prisoner against whom no bill is found 979 881. Same for discharge 979 882. Same for appearances on recognizances 980 883. Same to persons bound to answer 980 884. Same before calling petit jury 980 885. Same for jury in civil or criminal action 980 886. Same for defendant on an inquest 980 887. Same for plaintiff to appear and prosecute 981 888. Address by the clerk to prisoner before calling jury 981 889. Proclamation by crier upon swearing a juror 981 890. Same for witness under recognizance to appear and testify. 981 891. Same for arraignment of prisoners 981 892. Same before- sentence is pronounced 982 893. Same of adjournment 982 894. Same of opening of court after adjournment 982 895. Same of final adjournment 982 896. Taking of recognizance by clerk 982 897. Order for attachment against witness 983 898. Arraignment of a party under indictment 983 899. Taking verdict in a capital or other criminal case 984 900. Polling of j ury in such case 984 901. Taking of verdict in civil action 985 902. Polling of jury in such action 985 xlvi Table of Contents. PAGE. No. 903. Entry of verdict in such action 985 904. Notice of drawing a jury 986 905. Notice of drawing' additional jury, pursuant to order of judge 987 CHAPTER XXXI. Forms Relating to Partnerships. See, also, Agreements. TITLE I. Forms relating to Limited Partnerships. go6. Certificate of formation of limited partnership, and affidavit of general partner 988 907. Notice of terms of limited partnership for publication 990 go8. Affidavit of publication of notice, form No. 907 991 TITLE II. Forms Relating to Continued Use of Partnership Name. 909. Certificate of continued use of partnership name 991 910. Same certificate in case of death of person carrying on a business 992 CHAPTER XXXJI. Forms Relating to Patents. 911. Application for issue of letters patent 993 912. Specification and claim to be filed with application, form No. gii 994 913. Same in case of a machine 995 914. Oath to be made by applicant 996 915. Oath of executor, etc., of inventor, on such application.. . . 996 Q16. Surrender of patent for reissue 997 917. Assignment of right in patent 998 918. Disclaimer 998 919. Petition on addition of new improvements 999 920. Assignment of entire or partial interest in invention 1000 921. Application for patents for designs 1000 922. Specifications for designs 1000 923. Form of caveat looi 924. Oath of applicant for design 1001 Table of Contents. xlvii PAGE. No. 925. Deposition upon interference 1002 926. Amendments to specification 1003 927. Appeal to the examiners in chief 1003 CHAPTER XXXIII. Forms Relating to Army and Navy Pensions. TITLE I. General Forms of Declarations. (U. S. R. S.. § 4714.) 928. Declaration for original invalid pension 1004 929. Same for the increase of an invalid pension 1006 930. Same for original pension for a widow 1007 931. Same of a pensioned widow for increase of pension loio 932. Same for pension of children under sixteen years of age. . . ion 933. Same of guardian for increase of pension to pensiotied chil- dren 1013 934. Same for original pension of a mother 1014 935. Same for original pension of a father 1016 936. Same for pension of dependent brothers and sisters 1017 TITLE II. Forms of Declarations of Soldiers, etc., op Wai^ of 1812. 937. Declaration of soldier, etc., of war of 1812 for service pen- sion 1019 938. Same of widow for service pension 1021 TITLE III. Forms of Df,clarations in Case of Mexican War Pensions. (Act of Congress of January 29, 1887.) 939. Declaration of survivor of Mexican war 1024 940. Affidavit of witness to accompany such declaration 1027 941. Affidavit of claimant's infirmity to accompany such declara- tion 1029 942. Declaration of widow of soldier of Mexican war 1030 943. Affidavit of witness, widow's pension 1032 xlviii Table of Contents, TITLE IV. Forms Under Act of Congress of June 27, 1890. PAGE. No. 944. Declaration for invalid's pension, under act of 1890 1034 945. Same for widow's pension 1037 946. Same for children under sixteen years of age 1039 947. Same for dependent mother's pension 1042 948. Same for dependent father's pension 1044 949. Same for soldier's children who are permanently helpless. 1046 CHAPTER XXXIV. Forms of Powers of Attorney. 950. General form of power of attorney 1050 951. Power of attorney to collect a debt 1053 952. Same to receive or collect rents 1053 953. Same to receive a legacy 1054 954. Same to sell or lease lands 1054 955. Same to take possession of lands and to sell them 1055 956. Same to receive dividends 1056 957. Transfer of stock with power of attorney 1056 958. Power of attorney to vote at election or meeting of stock- holders of corporation 1057 959. A general power by substitution 1057 960. A special power by substitution 1058 961. A revocation of a power 1058 962. Judgment note, with power of attorney to confess judgment. 1059 CHAPTER XXXV. Forms of Promissory Notes, Bills and Checks. 963. Promissory note payable to order or bearer on demand, etc. 1061 964. Inland draft or bill of exchange, and acceptance of same. . . 1064 965. Foreign bill of exchange in a set 1067 966. Promissory note payable to bank, pledging collaterals for its payment 1068 967. Protest of foreign bill for non-acceptance 1070 968. Notice to indorser of demand and refusal of payment of promissory note or draft 1072 969. Form of agreement of waiver of demand and notice by in- dorser 1074 Table of Contents. xlix CHAPTER XXXVI. Forms of Proof of Loss by Fire to Insurance Company. PAGE. No. 970. Notice to insurance company of loss by fire 1075 971. Statement of loss by fire to insurance company 1076 972. Same statement, another form 108 1 973. Same statement, when claim does not exceed one hundred dollars 1083 974. Schedule of property and appraisal of damages to be an- nexed to form No. 972 , . 1086 CHAPTER XXXVII. Forms of Receipts. 975. Receipt for money, articles, etc 1087 CHAPTER XXXVIII. Forms of Recognizances. 976. Recognizance of prisoner with sureties for his appearance. 1089 977. General form of recognizance 1091 CHAPTER XXXIX. Forms of Shipping Articles. 97S. Shipping articles 1092 CHAPTER XL. Forms in Proceedings Before Magistrates Respecting the Support of Bastards and ' Poor Persons. TITLE I. Forms in Proceedings Respecting Support of Bastards. 979. Application to inquire into the facts as to bastards 1098 980. Examination of mother before magistrate 1098 981. Warrant for arrest of reputed father 1099 982. Indorsement on warrant to be executed out of the county.. 1099 983. Indorsement on warrant by magistrate in another county.. 1100 C 1 Table of Contents. PAGE. No. 984. Undertaking of father on arrest under warrant form No. 981 •' iioo 985. Certificate of discharge to be indorsed on warrant 1102 986. Undertaking upon adjournment of examination before two magistrates uoi 987. Subpoena to attend before magistrates on examination . . . U05 988. Warrant for mother to testify on examination Iioj gSg. Form of order of filiation or discharge 1104. 990. Undertaking to be given by the defendant, under order of filiation, form No. 989 1105 991. Warrant of commitment of defendant 1107 992. Order of filiation made in the absence of the reputed father, who has been arrested in another county lioS 993. Warrant of commitment of mother who refuses to disclose the name of the father 1109. 994. Summons to mother possessed of property in her own right. H09 995. Order upon return of summons, form No. 994 Ilio 996. Undertaking by mother, to appear at the next Court of Sessions, to answer concerning matters stated in order, form No. 995 mi 997. Order of magistrates reducing the amount to be paid by the parent 1112 998. Notice of application to Court of Sessions for increase or reduction of amount directed to be paid by parent 1113 999. Notice of appeal from the order of two magistrates 1114 TITLE II. Forms in Proceedings for Support of Poor Persons by their Relatives. 1000. Application for order to compel such support 1114 looi. Notice of such application 1115 1002. Order of support iii6 1003. Warrant for seizure of real or personal property of ab- sconding relative 1117 1004. Return by overseers of the poor to Court of Sessions as to property of absconding person taken under warrant, form No. 1003 1118 1005. Bond to be given by absconding person to procure dis- charge of warrant, form No. 1003 iiiS 1006. Order discharging warrant and restoring property seized . . 1119 TITLE III. Forms Relating to Support of Poor by Public. 1007. Notice to overseers of the poor of town in which the pauper has a residence to provide for his support H20 Table of Contents. li PAGE. Ho. 1008. Notice contesting settlement alleged in notice, form No. 1007 1120 1009. Subpoena to witness to appear and testify concerning set- tlement of pauper j 1121 loio. Decision of superintendents as to pauper's settlement 1121 ion. Notice by superintendent that pauper will be supported at the expense of a certain town 1122 1012. Order of justice of the peace for temporary relief to a pauper. 1123 CHAPTER XLI. Forms Relating to Towns. (Laws of N. Y. of 1890, chap. 569.) TITLE 1. Forms Relating to Town Meetings, and the Election AND Tenure of Town Officers. (Laws of N. Y. of 1890, chap. 569, art. 2.) 1:013. Application by fifteen electors of town to determine, at town meeting, where future town meetings shall be held. 1124 1014. Application for special town meeting, by electors 1125 1015. Notice of special town meeting 1125 1016. Notice of proposition to be determined by ballot at town meeting 1126 1017. Notice to be given by the town clerk of such proposed question 1126 1018. Notice by town clerk to person elected to town office H27 TITLE II. Forms Relating to Qualifications of Town Officers. (Laws of N. Y. of 1890, chap. 469, art. 3.) 1019. Oath of office to be taken and subscribed by town officer . . 1128 1020. Notice by supervisor to collector of amount of taxes 1129 1021. Undertaking to be executed by town collector 1129 1022. Same by constable 1131 1023. Certificate of town clerk to county clerk of officers elected at town meeting 1 132 1024. Undertaking to be given by justice of the peace 1 133 1025. Certificate of town clerk of filing of same 1134 1026. Undertaking to be given by supervisor 1135 1027. Same by commissioners of excise '. . . 1136 1028. Same by overseer of the poor in town 1136 1029. Same by commissioners of highways in towns , 1137 lii Table of Contents. PAGE. No. 1030. Notice of acceptance of resignation of town ofEcer 1138 1031. Appointment of town officer to fill vacancy 1138 1032. Notice to town officer appointed by town board to fill va- cancy, of his appointment 1139 TITLE in. Forms Relating to General Duties of Town Officers. (Laws of N. Y. of i8go, chap. 569, art. 4.) 1033. Notice to inhabitants of town to assist in extinguishing fire in the woods 1140 1034. Notice of qualifying of constable' by town clerk to county clerk 1141 1035. Oath to be administered to town clerk, etc., going out of office, by his successor, on delivery of records, etc 1141 1036. Same to executor, etc., of town clerk 1142 TITLE IV. Forms Relating to Division Fences. (Laws of N. Y. of i8go, chap. 569, art. 5.) 1037. Location of division fence between lands bounded by a line between banks of streams not navigable 1143 1038. Notice by owner of lands to adjoining owner that he desires to have them lie open 1145 1039. Notice by owner of lands to adjoining owner that he desires to have his lands lying open inclosed 1145 1040. Decision of fence viewers upon subdivision or new appor- tionment of division fence, by reason of transfer of title, 1146 1041. Certificate of fence viewers in case of disagreement between adjoining owners as to division fence 1147 1042. Appraisal by fence viewers of damages for neglect to make or keep in repair division fence 1148 1043. Request of adjoining property owner to make or repair division fence 1149 1044. Request of adjoining owner to put in repair division fence injured or destroyed by floods or other casualty 1:49 TITLE V. Forms Relating to Strays and Chattels Doing Damage, Floating Timbers and Wrecks. (Laws of N. Y. of 1890, chap. 569, art. ^.) 1045. Notice to town clerk of lien upon beasts found upon land doing damage 1150 1046. Notice to owners of beasts taken doing damage that they are upon his land or in pound 1151 Table of Contents, liii PAGE. No. 1047. Certificate of fence viewers as to charges, etc., due to owner of lands for animals taken doing damage 1152 1048. Notice of sale of property by fence viewers in foreclosure of lien 1153 1049. Petition to County or City Court by sheriff, etc., for leave to sell perishable wrecked property 1154 1050. Order of County or City Court, directing sale of wrecked property 1155 1051. Petition by owner or consignee, etc., of wrecked property claiming same or proceeds thereof 1156 1052. Order of County Court directing delivery of wrecked prop- erty or payment of proceeds of same 1157 1053. Undertaking to be given by claimant of wrecked property upon application therefor or for the proceeds thereof 1158 1054. Statement of claim for salvage and expenses on wrecked property or its proceeds . . , 1159 1055. Petition to County Court for adjustment by appraisers of salvage and expenses on wrecked property 1159 1056. Order of County Court upon petition form No. 1055, ap- pointing such appraisers n6i 1057. Oath of such appraisers 1161 1058. Decision of such appraisers 1162 1059. Notice of sale of wrecked property by sherifT, etc 1163 1060. Notice by sheriff of wrecked property which has come into his possession 1164 TITLE VL Forms Relating to the Town Board. (Laws of N. Y. of 1890, chap. 569, art. 7.) 1061. Form of supervisor's accourjt 1165 1062. Certificate of examination of supervisor's, etc., account, to be appended thereto 1 166 1063. Certificate of rejection of account against town by town board 1 166 1064. Certificate of allowance of such account in whole or in part. 1167 1065. Account of justices of the peace in criminal matters, ren- dered to town board 1167 1066. Notice of appeal to board of supervisors, from allowance of account of justice of the peace, etc., for fees in crim- inal proceedings 1168 1067. Affidavit to be annexed to account presented for audit to town board, etc 1169 1068. Abstract of names of persons who have presented to board of town auditors accounts to be audited, etc 1170 lo6g. Appointment by town board of town fire company, or to fill a vacancy therein 1170 liv Table of Contents. PAG£. No. 1070. Appointment of temporarj' board of town auditors by town board 1171 1071. Appointment by supervisor to fill vacancy in board of town auditors H72 TITLE VIL Forms Relating to the Town Municipal Debt Law. (Laws of N. Y. of 1890, chap. 569, art. 9.) 1072. Report of supervisor to board of supervisors of public debt of town 1172 TITLE VIII. Forms Relating to Town Business in Counties of More Than Three Hundred Thousand Inhabitants. (Laws of N. Y. of 1890, chap. 569, art. 10.) 1073. Division of town into election districts 1173 1074. Certificate of alteration of election districts 1174 1075. Notice of election . ..'. 1174 1076. Appointment to fill vacancy in town office 1175 CHAPTER XLII. Forms Relating to Trade Marks and Appli- cations Therefor. 1077. Letter of advice 1176 1078. Statement by an individual 1181 1079. Statement by a firm 1183 1080. Statement by a corporation 1183 1081. Declaration to be annexed to statement 1185 1082. Amendment of statement 1186 1083. Form of application for registration of prints and labels. . . 1186 CHAPTER XLHI. Forms of Undertakings. (See, also, the various titles under which they are required ; and see Bonds; Towns.) 1084. General form of undertaking 1190 1085. Undertaking of county treasurer 1191 Table of Contents. Iv PAGE. No. 1086. Same of county clerk 1192 1087. Same of sheriflf 1193 1088. Same of district attorney 1194 1089. Same of superintendent of the poor. . , 1195 1090. Same of surrogate 1195 1091. Same of coroner, acting as sheriff 1196 1092. Certificate of appointment of special constable by super- visor, etc 1196 CHAPTER XLIV. Forms Relating to Warehousemen and Warehouse Companies. 1093. Notice of sale by warehouse company, or person en- gaged in warehouse business 1197 1094. Affidavit of warehouseman or warehouse company on de- posit of balance of proceeds of sale with county treasurer, etc — .' 1198 1095. Same of service of notice of such sale 1199 1096. Warehouse receipt and voucher 1200 CHAPTER XLV. Forms of Wills. 1097. Will of lands and personal estate, general form 1201 1098. Will appointing executor or executors, and leaving the property to be distributed under the statute of distribu- tions 1209 1099. Will containing provisions for widow in fulfillment of ante- nuptial contract, and in lieu of dower and trust provisions, etc 1209 iioo. Clause which maybe inserted in a will, appointing a guar- dian, etc 1216 iioi. Clause in will, that sums advanced to children shall be re- garded as part of their shares of estate 1217 1102. Devise to wife in lieu of dower, remainder to children 1218 J103. Form of codicil to a will 1220 1104. Another form of codicil to will 1221 1105. Form of renunciation by executor 1221 1106. Retraction of renunciation by executor 1222 Forms of Business, Conveyancing, Etc. CHAPTER I. Forms of Abandonment of Vessel to Insurer. No. 1. Notice of abandonment of vessel and cargo. No. I. Notice of abandonment of vessel and cargo. To the President, Directors and Company^ of the Insur- ance Company : Whereas, By a policy of insurance, dated at , on the day of , i , numbered , you insured the sum of dollars on my interest in the ship (or, on merchandise on board the ship from B. to L., or, on freight to be earned by the ship ■. from B. to L., or, otherwise sufificiently describing the jubject of the policy), against the perils therein described ; and the said ship on the voyage therein described, on or about the day of last, has been cast away (or, has struck upon a rock ; or, has run on shore at a place called ), and the interest so insured has thereby become greatly damaged, to more than one-half the value thereof^ and is totally lost to me : You will, therefore, please to take notice that I hereby abandon to you all my right, title, interest, property and I. A notice of abandonment to ence clear, that the damages exceed the underwriters of a marine policy half the value of the subject insured, will not support a claim for a con- (McConochie v. Sun Mutual Ins. Co., structive total loss, unless it states in 26 N. Y, 477.) such terms as to render the infer- Forms of claim, in and to the said ship (or, the said merchandise ; or the said freight), and every part thereof ; and I demand of you the sum of dollars, underwritten by you upon the same, as for a total loss thereof.^ Dated at B., , i . C. B. 2. See Dickey v. N. Y. Insurance Co. (4 Cow. 222, aff'd, 3 Wend. 658); Depau V. Ocean Ins. Co. (5 id. 53); Buchanan v. Ocean Ins. Co. (6 id. 319); Ruckman v. Mer- chants' L. Ins. Co. (5 Duer, 342); RadcliflF v. Coster (Hoffm. g8); Suy- dam V. Marine Ins. Co. (i Johns. 181); Smith V. Steinbach (2 Cai. Cases, 158); McConochie v. Sun Mut. Ins. Co. (26 N. Y. 477, rev'g S. C, 3 Bosw. gg); Saurez v. Sun Mutual Ins, Co. (2 Sandf. 482); Avery v. N. Y. Mut. Ins. Co. (32 N. Y. State Rep. 116); Hughes v. Sun Mutual Ins. Co. (100 N. Y. 58); Comegys v. Vasse (i Pet. U. S. 193), as to general principles relating to abandonment ; also section i of chapter 442 of Laws of N. Y. of 1867. The notice in McConochie v. Sun Mutual Ins. Co. (cited supra) was addressed to the president of the defendants, and was in these words, viz.: Dear Sir: Understanding that the bark M. L. Frank, on her voy- age from Matanzas to New York, has been compelled to seek the port of Savannah, in distress, where she arrived, we hear, with several feet of water in her hold, the cargo was landed and found very seriously damaged ; we, therefore, hereby abandon to you two hundred and eighty hogsheads sugar, valued at $85 per hhd., insured by you under our open policy. No. 29,179 for $23,800, and shall claim for a total loss. (Signed) " Alex. McConochie & Co.," which notice was held to be defective as above stated. Abstracts of Title. CHAPTER II. Forms of Abstracts of Title to Real Property. No. 2. Abstract of title, general form. 3. Abstract of title, another form. 4. Abstract of title, another form, property passing through partition proceedings, and proceedings for sale of infant's property. 5. Abstract of title, another form, title obtained through sheriff's sale under execution, issued upon judgment. No. 2. Abstract of title, general form. Abstract of title' to property on the side of street in the (city) of , known by the street number street, conveyed by J. F. as trustee and executor of E. F., deceased, to M. N., and by said M. N. and R. N., his wife, to T. G. on the day of , i . The title is assumed to have been perfect in G. C, on the day of , I , to said premises. Deeds are in exist- I. An abstract, or as it is some- ought to have his title investigated, times called, a brief of title, is de- abstracted, and evidence in proof of fined as an abridgment of all the it ready to be produced and estab- patents, deeds, indentures, agree- lished before he sells; for if he sells ments, records and papers relating to with a confused title, or without be- certain real estate. In making an ab- jng ready to produce deeds and stract of title, the practitioner should vouchers, he must be at the expense be careful to place every deed and of clearing it. (i Chit. Pr. 304, 463; other paper in chronological order. Bouv. Law Diet., tit. " Brief of The date and time and place of rec- Title.") ord of each deed, etc., the names of :„ the above and other forms of ab- the parties, the consideration, the de- stracts contained in this chapter, it is scription of the property, should be attempted to give the manner in particularly noticed, and all cove- which the more usual links in the nants, charges, etc., should be in- chain of a title are accustomed to be serted or referred to. set forth therein. A vendor of an interest in realty 4 Forms of ence and recorded in county clerk's office, showing title to said premises from , i , the date of a deed thereof from J. E. to S. A. I. G. C. and M. C, his wife, to C. J. S. Full covenant deed. Dated , i . Recorded , i , in county, in Book of Deeds No. , at page , A. M. Consideration, $ . Conveys the lot and buildings thereon, situate in the ward of the (city) of , on, etc. (insert description from deed). Being the same premises described in a deed from S. A. by T. J., his attorney, to the said G. C, dated , I , subject to a mortgage for $ . part of the purchase- moneys of said premises, dated , i . Said mortgage (from said G. C. to S. A.) was recorded in ■ county clerk's office, in Book No. of Mortgages, at page , and was discharged by a certificate of satisfac- tion thereof, from the mortgagee, dated , i , and recorded , i , in Book No. of Discharges of Mortgages, at page . 2. C. J. S. died , i , still owning said property and not having incumbered the same, leaving his last will and testament, dated , i , which was proved and recorded as a will of real and personal estate, before the surrogate of county, in which county he resided at the time of his death, with the codicil thereto, dated , i , in Book of Wills, No. , at page , on the day of -^ — , i . He left him surviving his children F. S., C. L., wife of W. G. L., and M. M., widow of H. M., deceased, all of full age, his only heirs at law and next of kin, and his widow, E. S. These all appear to have been cited to attend the pfobate of said will. (See Petition filed , i , and proceedings thereupon.) By article second of said will he gives and devises to W. G., as executor and trustee thereof and thereunder, all the Abstracts of Title. 5 rest and residue of his estate, real and personal (in which is included the property conveyed to him by deed No. i). He directs his said executor and trustee to sell the said property, conveyed to him by deed No. i, being his dwelling- house and lot, at public or private sale, after three weeks' notice in two daily papers published in said city of . Bequeaths $ annually to his wife, during her widowhood, in lieu of dower, for the payment of which annuity a fund is set apart, and he increases this annuity by his codicil to $ . ' E. S., widow of C. J. S., died in or about the year i . There is among the title papers above mentioned a release of dower, executed by said E. S., dated , i . Said W. G. was duly appointed and qualified as executor of said will by the said surrogate, on the day of , I . Letters recorded in Book at page . 3. W. G., as Executor of the Will of C. J. S., deceased, to B. W. Deed covenant against grantor. Dated , i . Recorded , i , in Book No. of Deeds, at page , county clerk's office, at M. Conveys the same premises, as such executor, in considera- tion of $ . It does not appear that any notice was given of this sale; but that such a sale would confer a good title upon the pur- chaser, see Minuse v. Cox, 5 Johns. Ch. p. 446. 4. B. W. and C. W., his wife, •to B. E. Warranty deed. Dated , i — Recorded in county clerk's office, at M., in Book of Deeds No. , at page . Conveys the same premises, in consideration of $ . Subject to two certain mortgages for $ each, dated re- spectively , I , recorded , i , in Book No. - of Mortgages, at pages arid , in county clerk's office, upon which is due the principal thereof, and which the party of the second part assumes and agrees to pay. 6 Forms of Said first-mentioned mortgage was assigned to S. J., trustee of C. L., by the mortgagee, and was discharged , I , by a satisfaction-piece executed by said assignee, dated , I , recorded in Book No. of Discharges of Mort- gages, at page . The secondly-above-mentioned mort- gage was discharged by a satisfaction-piece executed by E. S., administratrix Filed in county clerk's office , Same defendants. ) i , at M. Judgment of foreclosure rendered , i , at Special Term, directing sale of property last described by W. M., referee, at public auction, in the county of . Referee's deed. Dated i . Recorded i , at M., in 9. W.M., referee, to L. C. F. • county clerk's office in Book of Deeds No. , at page . Conveys the premises described in the above-mentioned mortgage (No. 2), under sale made pursuant to the judgment above referred to. 10. Order dated of sale, filed , , I , confirming referee's report I- , in above-entitled action, entered in county clerk's office. (Add statement and certificate, as in last form, No. — [Or, as above to No. 7, and from thence as follows] : 2 10 Forms of 7. Statute foreclosure sale to L. C. F. Affidavits, etc., recorded , I , at M., in county clerk's office, in Book No. of Mortgages, at page . Conveys same premises described in above-mentioned mortgage (No. 2). Sale made pursuant to statute (N. Y. Code of Civil Procedure, §§ 2387-2409).^ (Add statement and certificate, as in form No. .) No. 4. Abstract of title, another form, property passing through, partition proceedings and proceedings for sale of infant's property. As in form No. 3, to No. 2, and from thence as follows : -, I , leav- 3. J. D., the above-named grantee, died , i ing, him surviving, his widow, J. D., and eight children, viz. (stating their names, etc., as in form No. 3). M. A. S. and P. S., her hus- band, agst. J. D., D. D., J. E. D., J. F. D., N. D. and P. H. D. Action to partition above- mentioned property. Lis pendens filed , I . Recorded , i — — , in Book No. page . at By the judgment-roll in above-entitled action, filed in • county clerk's office on the day of , i , at ■ I. The purchaser of the mortgaged premises, upon a sale conducted as prescribed in title 9 of chapter 17 of the N. Y. Code of Civil Procedure, obtains title thereto, against all per- sons bound by the sale, without the execution of a conveyance, except when he is the person authorized to execute the power of sale. Such a purchaser also obtains title, in like manner upon payment of the pur- chase-money, and compliance with the other terms of sale, if any, with- out the filing and recording of the affidavits, as prescribed in section 2398 of that Code. But he is not bound to pay the purchase-money, until the affidavits, specified in that section, with respect to the property purchased by him, are filed, or deliv- ered or tendered to him for filing. (N. Y. Code Civ. Proc, § 2400.) Abstracts of Title. ii M., lots and on the map accompanying the com- missioners' report, described as lots and on the side of street, commencing, etc. (describing lots as in judgment) part of the property described in Deed No. i, are set off in severalty to D. D. 5. D. D., by M. P., Special Guar- dian, to L. C. F. Guardian's deed. Dated , i Recorded , i , at- M., in Book No. of Deeds, page , in county clerk's office. Conveys the said lots Nos. and , last above re- ferred to, in consideration of $ . This sale and convey- ance were made, , i , under an order of the^ Court, by which the said guardian is directed to convey said premises tp above-named grantee, under an agreement made by him, dated , i . 6. Supreme Court. In the Matter of the sale ) of the Real Property j- of D. D., an infant. ; Order confirming special guardian's final report in above proceeding, made at a Special Term held at, etc., on, etc., and entered in county clerk's office. • (Add statement and certificate, as in form No. 2.) No. 5. Abstract of title, another form, title obtained through sheriff's sale under execution issued upon judgment. Abstract of, etc. (as in form No. 3). I. W. K. and J. K., his wife, to J.M. L. Warranty deed. Dated , i — Recorded , i , at M., in Book of Deeds No. , at page , in ^ county clerk's office. Conveys premises situated, etc. (describing same as in deed.) 12 Forms of 2. H. W. vs. J. M. L. A. G., Sheriff of - county, to H. W. Judgment of Supreme Court, county. Recorded" , i . Docketed in ■ I . ■ county - Recovery, $ . Costs, $ . Total, $- Sheriff's certificate of sale. Dated , i . Recorded , i , at M., in same ofifice in Book of Sheriff's Certificates of Sale, Vol. , page . Recites sale of all the right, title and interest of the said J. M. L., on the day of , i , or at any time thereafter, in and to the above-described premises, under execution issued , i , upon above-mentioned judg- ment, against the property of said J. M. L. Consideration, A. G., Sheriff of ■ county, to H. W. Sheriff's deed. Dated ^ -, i- Recorded , i , at M., in Book No. of Deeds, at page . Conveys, pursuant to above-mentioned sale, all the right, title and interest of the judgment debtor, J. M. L., which he had in said property, on the day of , or at any time thereafter, in consideration thereupon. of $■ amount bid (Add statement and certificate, as in form No. 2.) Acknowledgment and Proof of Deeds. 13 CHAPTER III, Forms of Acknowledgment and Proof of Deeds. No. 6. Certificate of acknowledgment of execution of conveyance of land situated in the State of Alabama. 7. Certificate of acknowledgment of execution by married woman of conveyance of homestead in the State of Alabama. 8. Certificate of proof of conveyance of land situated in Alabama, by subscribing witness. g. Certificate of acknowledgment of conveyance of land situated in Arizona. 10. Certificate of acknowledgment of conveyance by married woman of homestead in Arizona. 11. Certificate of proof by subscribing witness of execution of instru- ment under the laws of Arizona. 12. Certificate of acknowledgment of deed by husband and wife con- veying lands of husband, situated in Arkansas. 13. Certificate of acknowledgment of deed executed by husband and wife of property of wife in Arkansas. 14. Certificate of proof of deed of property situated in Arkansas, by subscribing witness. 15. Certificate of proof of handwriting of grantor and subscribing witness to deed of property situated in Arkansas. 16. Certificate of acknowledgment of deed of real property situated in California. 17. Certificate of acknowledgment by corporation of conveyance of land situated in California. 18. Certificate of acknowledgment of deed of homestead situated in Colorado. 19. Certificate of acknowledgment of execution by individual of con- veyance of property situated in Connecticut. 20. Certificate of acknowledgment by corporation of conveyance of property situated in Connecticut. 21. Certificate of acknowledgment, by individual of lands situated in Dakota. 22. Certificate of acknowledgment of conveyance of lands situated in Dakota, by attorney in fact. 23. Certificate of acknowledgment by corporation of conveyance of property situated in Dakota. I 14 Forms of No. 24. Certificate of proof of conveyance of land situated in Dakota by subscribing witness. 25. Certificate of proof by party to conveyance of land situated in Dakota. 26. Certificate of acknowledgment by individual, or by husband and wife, of conveyance of land situated in Delaware. 27. Same certificate, acknowledgment by corporation. 28. Certificate of acknowledgment of conveyance of land situated in District of Columbia, by husband and wife. 29. Certificate of acknowledgment of conveyance of land situated in, Florida. 30; Certificate of acknowledgment by married woman of conveyance of land situated in Florida. 31. Certificate of acknowledgment of conveyance of real estate sit- uated in the State of Georgia. 32. Certificate of proof by subscribing witness of execution of deed of real estate situated in State of Georgia. 33. Certificate of acknowledgment of conveyance of real property situated in the State of Idaho. 34. Certificate of acknowledgment, by married woman, of conveyance of real property situated in the State of Idaho. 35. Certificate of acknowledgment of conveyance by corporation of real property situated in the State of Idaho. 36. Certificate of acknowledgment of conveyance of real property situated in Illinois. 37. Certificate of acknowledgment of chattel mortgage in State of Illinois. 38. Certificate of acknowledgment of conveyance of real property situated in Indiana. 39. Certificate of proof of conveyance of real property situated in Indiana. 40. Certificate of acknowledgment of conveyance of real property situated in Indian Territory. 41. Certificate of acknowledgment by grantor of conveyance of real estate situated in Iowa. 42. Certificate of acknowledgment, by attorney in fact, of conveyance of real property situated in Iowa. 43. Certificate of acknowledgment of conveyance of real property situated in Kansas. 44. Certificate of acknowledgment, by husband and wife, of convey- ance of real estate situated in Kentucky, taken out of the State. 45. Certificate of acknowledgment by husband and wife, within the State of Kentucky, of conveyance of real property situated in that State. 46. Certificate of acknowledgment of conveyance of real estate sit- uated in Louisiana. 47. Certificate of acknowledgment of conveyance of real property sit- uated in Maine. Acknowledgment and Proof of Deeds. 15 No. 48. Certificate of acknowledgment taken within the State of Maryland. 49. Certificate of acknowledgment by husband and wife in State of Maryland. 50. Certificate of acknowledgment taken out of State of Maryland. 51. Certificate of acknowledgment of deed conveying real estate sit- uated in Massachusetts. 52. Certificate of acknowledgment by oSicer of corporation of deed of real property situated in Massachusetts. 53. Certificate of acknowledgment of deed conveying real property situated in Massachusetts, by attorney of grantor. 54. Certificate of acknowledgment of conveyance of real property situated in State of Michigan. 55. Certificate of acknowledgment by natural person acting in his own right of conveyance of real estate situated in Minnesota. 56. Same certificate of acknowledgment by natural person acting by attorney. 57. Same certificate of acknowledgment by corporation or joint-stock association. 58. Certificate of acknowledgment of conveyance of real property situated in Mississippi. 59. Certificate of proof of execution of conveyance of real estate sit- uated in Mississippi by subscribing witness. 60. Certificate of acknowledgment of conveyance of real property situated in Missouri by natural persons acting in their own right. 61. Certificate of acknowledgment of conveyance of real estate sit- uated in Missouri by natural persons acting by attorney. 62. Certificate of acknowledgment of conveyance of real estate sit- uated in Missouri by corporation or joint-stock association. 63. Certificate of acknowledgment of conveyance of real estate sit- uated in Montana by grantor known to officer. 64. Certificate of acknowledgment of conveyance of real property in Montana by grantor unknown to officer. 65. Certificate of proof by subscribing witness of conveyance of real property situated in Montana. 66. Certificate of acknowledgment by husband and wife of conveyance of real estate situated in Nebraska. 67. Certificate of acknowledgment of conveyance of real property situated in Nevada by grantor known to officer. 68. Certificate of acknowledgment of conveyance of real estate sit- uated in Nevada by grantor unknown to officer. 69. Certificate of acknowledgment by husband and wife of conveyance of real property situated in Nevada. 70. Certificate of acknowledgment of conveyance of real property situated in New Hampshire. 71. Certificate of acknowledgment of conveyance of real estate sit- uated in New Jersey by person not known to officer. ;^P , J2. Certificate of acknowledgment of conveyance of real estate sit- uated in New Jersey by husband and wife known to officer. i6 Forms of No. 73. Certificate of proof of execution of conveyance of real estate sit- uated in New Jersey by subscribing witness known to officer. 74. Certificate of proof of execution of deed of real property situated in New Jersey by corporation. 75. Certificate of acknowledgment of conveyance of real estate In New Mexico by natural persons acting in their own right. 76. Certificate of acknowledgment of conveyance of real property situated in New Mexico by natural persons acting by attorney. 77. Certificate of acknowledgment of conveyance of real property situated in New Mexico in case of corporation or joint-stock association. 78. Certificate of acknowledgment of conveyance of real property situated in North Carolina by grantors. 79. Certificate of proof of conveyance of real estate situated in North Carolina by subscribing witness. 80. Same as form No. 21. 81. Same as form No. 22. 82. Same as form No. 23. 83. Same as form No. 24. 84. Same as form No. 25. 85. Petition for appointment of commissioners by New York Supreme Court to take acknowledgment in foreign country. 86. Order upon petition, form No. 84, directing commission to issue. 87. Commission, issued under form No. 84, to take and certify ac- knowledgment in foreign country. 88. Certificate of acknowledgment of instrument by commissioner ap- pointed by order of court. No. 85. 89. Certificate of acknowledgment or proof in New York State by grantor known to officer, go. Certificate of acknowledgment in New York State by grantor, identified by witness known to the officer. 91. Certificate of acknowledgment in New York State by husband and wife known or identified to officer. 92. Certificate of acknowledgment in New York State by under-sheriff of deed executed by him in the name of the sheriff. 93. Certificate of acknowledgment in New York State by person con- veying under power of attorney. 94. Certificate of proof in New York State by officer of corporation known to the officer taking the proof. _95. Certificate of proof in New York State by subscribing witness identified to officer. 96. Petition for subpoena in New York State requiring witness to appear and testify touching the execution of conveyance. 97. Subpoena requiring witness to conveyance to appear and testify touching its execution. 98. Affidavit of service of subpoena, form No. 96. 99. Warrant to arrest witness neglecting to attend pursuant to subpoena form No. 96. Acknowledgment and Proof of Deeds. 17 No. 100. Commitment of witness refusing to appear and testify, pursuant to subpoena, form No. 97. loi. Certificate of acknowledgment in New York State by a sheriff or other officer. 102. Certificate of acknowledgment by an administrator, executor, trustee or referee in New York State. 103. County clerk's certificate to be annexed to certificate of acknowl- edgment to be used in another State or recorded or read in evi- dence in another county of New York State than that in which the acknowledgment is taken. 104. Oath or affirmation to be administered to subscribing witness in New York State proving conveyance. 105. Oath or affirmation to be administered in New York state to per- son identifying the parties or a witness to a conveyance. 106. Form of oath or affirmation to be administered to an affiant or affiants. 107. Certificate of proof in New York State of the execution of a con- veyance, the subscribing witnesses to which are dead. 108. Certificate of acknowledgment of conveyance of real estate situated in Ohio, by husband and wife. 109. Certificate of acknowledgment by corporation of conveyance of real estate situated in Ohio, no. Certificate of acknowledgment by grantor of conveyance of real estate situated in Oklahoma. HI. Certificate of acknowledgment by corporation of conveyance of real estate situated in Oklahoma. 112. Certificate of acknowledgment of conveyance of real estate situated in Oklahoma, by attorney in fact. 113. Certificate of acknowledgment of conveyance of real estate sit- uated in Oregon, by one or more grantors. 114. Certificate of acknowledgment of conveyance of lands situated in Oregon, by attorney in fact of grantor. 115. Certificate of acknowledgment by husband and wife of conveyance of real estate situated in Pennsylvania. 116. Pro6f by officer of corporation of execution of conveyance of real estate situated in Pennsylvania, by corporation. 117. Certificate of acknowledgment by grantor of conveyance of real estate situated in Rhode Island. 118. Certificate of acknowledgment of conveyance of real estate situated in Rhode Island, by attorney in fact. 119. Certificate of acknowledgment of conveyance of real estate situated in Rhode Island, by officer of corporation. 120. Certificate of proof by subscribing witness of execution of convey- ance of real estate situated in South Carolina. 121. Certificate of relinquishment of dower by married woman in real estate conveyed by husband, situated in South Carolina. 122. Certificate of acknowlec^gment by individual of conveyance of property situated in South Dakota. 3 i8 Forms of No. 123. Same certificate of ackno^rledgment by attorney in fact of grantor. 124. Same certificate of acknowledgment by officer of corporation. 125. Certificate of proof by subscribing witness to conveyance of land situated in South Dakota. 126. Certificate of proof by party to conveyance of land situated in South Dakota. 127. Certificate of acknowledgment of conveyance of real estate sit- uated in Tennessee, before clerk of County Court or his deputy. 128. Certificate of acknowledgment of conveyance of real estate sit- uated in Tennessee, before commissioner for Tennessee. 129. Certificate of acknowledgment by husband and wife of conveyance of real property situated in Tennessee. 130. Certificate of proof of execution of conveyance of real estate sit- uated in Tennessee, by subscribing witnesses. 131. Certificate of acknowledgment of conveyance of real estate sit- uated in Texas, ordinary form. 132. Certificate of acknowledgment by married woman of conveyance of real estate situated in Texas. 133. Certificate of proof by subscribing witness of conveyance of real property situated in Texas. 134. Certificate of acknowledgment of conveyance of real estate sit- uated in Utah Territory, by person known to the officer. 135. Certificate of acknowledgment of conveyance of real estate sit- uated in Utah, by grantor unknown to the officer. 136. Certificate of proof by subscribing witness of execution of convey- ance of real estate situated in Utah. 137. Certificate of acknowledgment of conveyance of real estate sit- uated in Utah, by officer of corporation. 138. Certificate of acknowledgment of execution of conveyance, by attorney in fact of grantor of property in Utah. 139. Certificate of acknowledgment by grantor of conveyance of real estate situated in Vermont. 140. Certificate of acknowledgment of conveyance of real estate situated in Virginia. 141. Certificate of acknowledgment of conveyance of real estate situated in State of Washington. 142. Certificate of acknowledgment of conveyance of real estate situated in West Virginia. 143. Certificate of acknowledgment by husband and wife, or by wife, of conveyance of real estate situated in West Virginia. 144. Certificate of acknowledgment by corporation or joint-stock asso- ciation of conveyance of real estate situated in West Virginia. 145. Certificate of acknowledgment by grantor of conveyance of real estate situated in Wisconsin. 146. Certificate of acknowledgment of conveyance of real estate situated in State of Wyoming. Acknowledgment and Proof of Deeds. 19 No. 6. Certificate of acknowledgment of execution of conveyance of land situated in the State of Alabama. (Code of Alabama, § 1802.) The State of (Alabama), County of . I, J. F., a notary public in and for said county (or, state other official title), do hereby certify that (*) A. B. (and C. D.), whose name (or, names) is (or, are) signed to the forego- ing conveyance, and who is (or, are) known to me, acknowl- edged before me on this day, that, being informed of the contents of the foregoing conveyance, he (or, they) (severally) executed the same voluntarily on the day the same bears date. Given under my hand, this day of ' ^ -, I- J.F., Notary Public (or state other official title). I. Acknowledgments and proofs of conve3'ances may be taken by the following officers within the State of Alabama: Judges of the Supreme and Circuit Courts, and the clerks of such courts; chancellors, registers in chancery, judges of the courts of probate and their clerks, justices of the peace and notaries public. (Civil Code of Alabama, §§ 1799, 795, 840, subd. 4, 1112.) As to powers of clerks of probate judges, see Halso V. Seawright (65 Ala. 431). If taken without that State and within the United States, such ac- knowledgments and proofs may be taken by judges and clerks of any Federal court, judges of any court of record in any State, notaries public, or commissioners appointed by the governor of the State. (Id., § 1800.) Beyond the limits of the United States such acknowledgments and proofs may be taken by the judge of any court of record, mayor or chief magistrate of any city, town, borough or county, notaries public, or by any diplomatic, consular or commercial agent of the United States. (Id., § 1800.) See Keller v. Moore (51 Ala. 340). No separate examination need be made of a married woman, except in case of the alienation of a homestead. (See next form, No. 7, and note i thereto.) The husband must join with her in conveying her separate property (Code of Alabama, § 2348), and such conveyance must be attested by two witnesses, or by the acknowl- edgment of the husband and wife. (Id., § 1805.) The acknowledgment of a convey- ance operates as a compliance with section 1789 of the Code of Alabama, which requires a conveyance to be at- 20 Forms of tested by two witnesses. (Id., § 1790.) See Weil V. Pope (53 Ala. 585); Sykes V. Shows (74 id. 382). The form above given is the form of the acknowledgment to be used in that State, on conveyances of every description admitted to record, (g 1802, id.) See, also. Carter v. Doe (21 Ala. 72); Sharpe v. Orme (6l id. 263); Coker v. Ferguson (70 id. 284); Merritt v. Phoenix (48 id. 87); Keller V. Moore (51 id. 340;; Boykin v. Smith (65 id. 294); Rogers v. Adams (66 id. 600); Roney v. Moss (76 id. 491); Barnett v. Proskauer (62 id. 486); Smith V. McGuire (67 id. 34); Moog V. Strang (6g id. 98); Van Cleave v. Wilson (73 id. 387), as to what constitutes a proper acknowl- edgement; and see Hart v. Ross (57 Ala. 518), cited in note to form No. 8, as to acknowledgment in other State. Conveyances of property, whether absolute or on condition, which are acknowledged or proved according to law, and recorded within twelve months from their date, may be re- ceived in evidence in any court, with- out further proof ; and if it appears to the court that the original convey- ance has been lost or destroyed, or that the party offering the transcript has not the custody or control thereof, the court must receive a transcript, duly certified, in the place of such original. (Code of Alabama, § 1798.) To be good as against bona fide (judgment) creditors, they must be proved or acknowledged, and re- corded within thirty days, in the office of the judge of probate. (Code of Alabama, § 1810.) As to necessity of stating in the certificate of acknowledgment that the deed was executed on the day of its date, see Parsons v. Boyd (20 Ala. N. S. 112); Carter v. Doe, ex dem. Caudron (21 id. 72); Lea v. Polk Co. Copper Co. (21 How. U. S. 493). Powers of attorney and other in- struments conferring authority to con- vey property may be acknowledged or proved in the same manner as con- veyances, and must be received in evidence to the same extent. (Id., § 1801.) No. 7. Certificate of acknowledgment by married woman of convey- ance of homestead in the State of Alabama. (Code of Alabama, § 2508.) State of (Alabama), ) county. S I, A. B., judge of (or other. ofiRcer, as the case may be), do hereby certify that on the day of , i , came before me the within-named C. D., known to me (or, made known to me) to be the wife of the within-named E. D., who, being examined separate and apart from her hus- band touching her signature to the within (conveyance), acknowledged that she signed the same of her own free will Acknowledgment and Proof of Deeds. 21 and accord, and without fear, constraints or threats on the part of her husband. In witness whereof, I hereto set my hand, this day of , I } A. B., Judge (or other officer-, as the case may be) I. No mortgage, deed or other con- bama, § 2508.) See, also, Halso v. veyance of the homestead bj' a mar- Seawright (65 Ala. 431); Hood v. ried man shall be valid without the Powell (73 id. 171). voluntary signature and assent of the Deficiencies in the certificate can- wife, which must be shown by her ex- not be supplied by parol (Scott v. amination, separate and apart from Simons, 70 Ala. 352), but a defective him, before an officer authorized by acknowledgment may be cured after law to take acknowledgments of delivery of the instrument. Caball v. deeds, and the certificate of such of- Citizens' Ass'n (61 Ala. 232); Van ficer upon or attached to such mort- Cleave v. Wilson {73 id. 387); Hood gage, deed or other conveyance, v. Powell (supra). See, also, note i to which certificate must be substan- last form. No. 6. tially in the above' form. (Code of Ala- No. 8. Certificate of proof of conveyance of land, situated in the State of Alabama, by subscribing witness. (Code of Alabama, § 1803.) As in form No. 6, to (*), and from thence as follows : That A. B., a subscribing witness to the foregoing" (conveyance), known to me, appeared before me this day, and, being sworn, stated that C. D., the grantor, voluntarily executed the same in his presence, and in the presence of E. F., the other subscribing witness, on the day the same bears date ; that he attested the same in the presence of the grantor, and of E. F., the other witness ; and that such other witness sub- scribed his name as a witness in his presence. Given under my hand, this day of , A. D., i } A. B., Judge (or other officer, as the case may be). I. The above is the form of pro- (55 id, 510); and see note i to form bate of a conveyance admitted to No. 6. record in the State of Alabama. (Code A probate of a conveyance exe- of Alabama, § 1803.) See, also, Hines cuted in the State of Texas, of real V. Chancey (47 Ala. 637); Hart V. Ross property situated in Alabama, and (57 id. 518) ; Harrison v. Simons certified to by a notary public, under 22 Forms of his official seal, — Held, to entitle the to act as such, no such certificate be- conveyance to be recorded in Ala- ing required by the laws of Alabama, bama, without a certificate of any (Hart v. Ross, supra.) officer to the authority of the notary No. 9. Certificate of acknowledgment of conveyance of real property situated in the Territory of Arizona, ordinary form. (Rev. Stat. Arizona, 1 2576.) (Territory) of (Arizona), ) ^^ . County of , f Before me, A. B., a (here insert the name and character of the officer) on this day personally appeared (*) C. D., known to me (or, proved to me on the oath of E. F.) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that (he) executed the same, for the purpose and consideration therein expressed. Given under my hand and seal of office, this day of , A. D., I } [SEAL.] A. B. (Official title.) I. The acknowledgment or proof some court of record having a seal ; of an instrument of writing for record 2. A commissioner of deeds ap- may be made within the Territory of pointed under the laws of the Terri- Arizona, before any of the following tory of Arizona ; 3. A notary public, officers : I. A clerk of a court hav- (Id. 2577). ing a seal ; 2. A notary public ; 3. If made without the United States, A county recorder; 4. A justice of before' either : i. A minister, com- the peace. (Revised Statutes of Ariz;., missioner or charge d'affaires of the 2576.) United States, resident and accred- it made without the Territory, but ited in the country where the proof or within the United States or their ter- acknowledgment is made ; 2. A no- ritories, before either: r. A clerk of tary public. (Id. 2578.) No. 10. Certificate of acknowledgment by married woman of instru- ment purporting to convey homestead, in Territory of Ari- zona. (Rev. Stat. Arizona, \ 2583.) (The Territory) of (Arizona), | County of . j As in last form to (*) and from thence as follows : E. D., wife of C. D., known to me (or, proved to me on oath of G. Acknowledgment and Proof of Deeds. 23 H.) to be the person whose name is subscribed to the fore- going instrument, and having been examined by me privily and apart from her husband, and having the same fully ex- plained to her, she, the said E. D., acknowledged such instru- ment to be her act and deed, and declared that she had will- ingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. Given under my hand and seal of office, this day of , A. D., I } [SEAL.] (Signature of officer.) (Official title.) I. See Revised Statutes of Arizona, strument purporting to convey the paragraph 2583, as to this form, which homestead. In other cases form No. is to be used only on acknowledg- 9 must be used. See, also, note i to ment by a married woman to any in- that form. No. II. Certificate of proof of execution of an instrument under the law of Arizona Territory by subscribing witness. (Rev. Stat, of Arizona, T[ 2586.) As in form No. 9 to (*), and from thence as follows : J. D., known to me (or, proved to me on the oath of E. F.) to be the person whose name is subscribed as a witness to the fore- going instrument in writing, and after being duly sworn by me, stated, on oath, that he saw C. D., the grantor (or, person who executed the foregoing instrument), subscribe the same (or, that C. D., the grantor, or person who executed such instrument of writing, acknowledged in his presence that he had executed the same for the purposes and consideration herein expressed), and that he had signed the same as a wit- ness at the request of the grantor (or, person who executed the same). Given under my hand and seal of office, this day of , A. D., I } [SEAL.] (Signature of officer.) (Official title.) I. See paragraph 2586 of Revised this form of proof. See, also, note to Statutes of Arizona Territory as to form No. 9. 24 Forms of No. 12. Certificate of acknowledgment of deed by husband and wife conveying land of husband situated in State of Arkansas. (Statutes of Arkansas, § 651, as amended 1887.) State of (Arkansas), , ss. . County of - On this day of , i , before me, A. B., a (here insert title of officer, as in form No. 6), within and for the county and State aforesaid, duly commissioned and acting, personally appeared C. D., to me well known as the grantor in the foregoing deed, and stated that he had executed the same for the consideration and purposes therein mentioned and set forth. [And on the same day also voluntarily appeared before me M. D., wife of the said C. D., to me well known as the per- son whose name appears signed to the within and foregoing deed, and, in the absence of her said husband, declared that she had of her own free will signed and sealed the relinquish- ment of dower in said deed, for the purposes therein con- tained and set forth, without compulsion of her said hus- band.] Witness my hand and seal as such (insert title of officer)^ on this day of , i , at county.^ [L. S.J A. B (Title of officer.) I. The proof or acknowledgment the United States or other territories, of every deed or instrument of writ- before any court of the United States, ing for the conveyance of any real or of any State or Territory, having a estate shall be taken by some one of seal, or the clerk of any such court, or the following courts or officers: before any notary public, or before First. When acknowledged or the mayor of any city or town, or the proved within the State, before the chief officer of any city or town hav- Supreme Court, the Circuit Court or ing a seal, or before a commissioner either of the judges thereof, or the appointed by the governor of the clerk of any court of record, or be- State, or before the clerk of any court fore any justice of the peace or no- of record of the Indian Territory em- tary public. bracing the five civilized tribes. Pro- Second. When acknowledged or vided, that no acknowledgment made proved without the State and within in the Indian country shall be good Acknowledgment and Proof of Deeds. 25 unless the seal of the officer taking such acknowledgment shall be thereto attached. Such deed or conveyance must be attested, when taken by an officer having a seal of office, under such seal, but if such officer have no seal of office, then under his offi- cial signature. Third. When acknowledged or proven without the United States, before any court of any State, king- dom or empire having a seal, or any mayor or chief officer of any city or town having an official seal, or be- fore any officer of any foreign coun- try, who, by the laws of such country, is authorized to take probate of the conveyance of real estate of his own country, if such officer has by law an official seal. Such acknowledgment or proof must be attested under the official seal of the court or officer before whom such probate is had. (Mansfield's Digest Stats. Ark. (1884), §§ 651, 652, 653, as amended 1887, p. 142.) By § 4, of chapter CVI, of Laws of Arkansas, of 1885, the chancellor is given power to take and certify ac- knowledgments of deeds and other instruments of writing required by law to be acknowledged. A seal by scroll or otherwise is necessary in that State to a convey- ance of real property. (Floyd v. Ricks, 14 Ark. 286.) The forms ot certificates of ac- knowledgment, etc., must be strictly complied with to render the acknowl- edgment valid. SS. No. 13. Certificate of acknowledgment of deed executed by husband and •wife, of property of wife in State of Arkansas (Statutes of Arkansas, § 659.) State of (Arkansas), County of , On this day of , i , before me, A. B., a (here insert title of ofificer), within and for the county and State aforesaid, duly commissioned and acting, personally appeared C. D., to me well known as the person whose name appears upon the within and foregoing deed of .conveyance as (one of the parties) grantor, and stated that he had executed the same for the consideration and purposes therein mentioned and set forth, and I so certify. [And I further certify that, on this day, voluntarily ap- peared before me, B. D., wife .of said C. D., to me well known to be the person whose name appears upon the within and foregoing deed, and, in the absence of her said husband, declared that she had of her own free will executed the same (or, signed and sealed the relinquishment of dower 4 26 Forms of in said deed) for the purposes therein contained and set forth without compulsion or undue influence of her said husband.] Witness my hand and seal as such (insert title of ofificer), on this day of , at said county.^ [L. s.] A. B. (Title of officer.) • I. See note to last form, No. 12. as 3. feme sole, and the husband need If property has been conveyed to a not sign the deed. (Ark. Const., art. married woman since 1874, it may be 9, § 7; Roberts v. Wilcoxson, 36 Ark. conveyed and acknowledged by her 355, 366.) No. 14. Certificate of proof of deed of property situated in State of Arkansas, by subscribing witness. (Statutes of Arkansas, § 657.) State of (Arkansas), ) ^^ . County of , i On this day came before me, A. B., a (here insert title of officer) in and for said county and State, C D., one of the subscribing witnesses to the foregoing deed, to me person- ally well known, who, being by me first duly sworn, stated that he saw E. G., the grantor in said deed, subscribe the same the day it is dated (or, that E. F., the grantor in said deed, acknowledged in his presence on the day of , I , that he had executed said deed for the consideration and purposes therein expressed), and that he and G. H., the other subscribing witness, subscribed said deed as attesting witnesses at the request of said grantor. Witness my hand and seal of office on this day of , I .1 A. B. [L. S.J Title of officer.) I. See note to form No. 12. strument in writing, or that the The proof of a deed is made by grantor acknowledged in his or their one or more of the subscribing wit- presence that he had subscribed nesses personally appearing before such deed or instrument for the pur- the proper court or officer, and stat- poses and considerations therein ing on oath that he or she saw the mentioned, and that he or they had grantor subscribe such deed or in- subscribed the same as witnesses at Acknowledgment and Proof of Deeds. 27 the request of the grantor. (Mans- of the subscribing witnesses, which field's Dig. Statutes of Arkansas evidence is required to consist of (1884), S5 657.) the depositions of two or more dis- If the witnesses are dead or can- interested persons, swearing to each not be had, the deed, etc., may be signature. (See next form of certifi- proved by evidence of the hand- cate.) (Id., § 658.) writing of the grantor, and at least one No. 15. Proof of handwriting of grantor and subscribing witness to deed of property situated in State of Arkansas. State of (Arkansas), ) County of , ) On this day came before me, A. B., a (here insert title of officer, as in form No. 6), in and for said county and State, C. D. and E. F., and upon their oaths stated that the signa- tures of G. H., the grantor in the foregoing deed, and of I. J., a witness thereto, are genuine, and in the handwriting of the said G. H. and I. J., respectively. Witness my hand and seal of office on this day of , I } A. B. [L. S.J (Title of officer.) I. See note i, to form No. 14 No. 16. Certificate of acknowledgment of conveyance of real prop- erty situated in State of California. (Civil Code of California, § 11 89, as amended by Chap. CXXV of Statutes, etc., of 1891, p. 137.) State of (California), County of ■, On this day of , in the year , before me, A. B., a (here insert the quality of the officer) personally ap- peared C. D. (and G. H.), known to me (or, proved to me on the oath of E. F.) to be the person (or, persons) whose name 28 Forms of is (or, whose names are) subscribed to the (within) instrument, and acknowledged to me that he (or, she or they) executed the same.^ [Seal when required.] 1. The proof or acknowledgment of an instrument may be made at any place within the State, before a jus- tice or clerk of the Supreme Court, or judge of a Superior Court. (Civ. Code Cal., § 1180.) Or within the city, city and county, county or district, for which the offi- cer was elected or appointed, before either: 1. A clerk of a court of rec- ord ; or, a county recorder ; or, a notary public; or, a justice of the peace. (Id., § 1181.) If made without the State, but within the United States, and within the jurisdiction of the officer, before either : i. A justice, judge, or clerk of any court of record of the United States; or, 2. A justice, judge, or clerk of any court of record of any State ; or, 3. A commissioner ap- pointed by the governor of the State for that purpose ; or, 4. A notary public ; or, 5. Any other officer of the State where the acknowledgment is made, authorized by its laws to take such proof or acknowledgment. (Id., §1182.) The word "State "includes " Territorj'," also " District of Col- umbia.'' (Id., § 17, subd. 10.) If made without the United States, before either: i. A minister, com- missioner or charge d'affaires of the United States, resident and accredited in the country where the proof or acknowledgment is made ; or, 2. A consul, vice-consul or consular agent of the United States, resident in the country where the proof or ac- knowledgment is made ; or, 3. A judge of a court of record of the A. B. (Official title.) country where the proof or acknowl- edgment is made; or, 4. Commission- ers appointed for such purposes by the governor of the State, pursuant to special statutes ; or, 5. A notary public. (Id., § 1183.) When any of the officers mentioned in the four preceding sections are authorized by law to appoint a dep- uty, the acknowledgment or proof may be taken by such deputy in the name of his principal. (Id., § 1184.) A conveyance by a married woman has the same effect as if she were un- married, and may be acknowledged in the same manner. (Civ. Code of California, § 1187, as amended by Chap. CXXV, Statutes of 1891.) Officers taking and certifying ac- knowledgments, or proof of instru- ments for record, must authenticate their certificates by affixing thereto their signatures, followed by the names of their offices; also, their seals of office, if, b)' the laws of the State or country where the acknowledg- ment or proof is taken, or by author- ity of which they are acting, they are required to have official seals. (Id., § "93-) If acknowledged before a justice of the peace, to be used in any other county than the one in which the jus- tice resides, it must be accompanied by a certificate of the clerk of the county showing that, at that time, the justice was authorized to take the same, and that the clerk is acquainted with his handwriting, and believes that the signature is genuine. (Id., § II94-) Acknowledgment and Proof of Deeds. 29 An officer taking proof of the exe- on the proceeding, together with the cution of any instrument must, in his names of the witnesses examined be- certificate indorsed thereon or at- fore him, their places of residence, tached thereto, set forth all the mat- respectively, and the substance of ters required by law to be done or their testimony. (Id., §1200.) known by him, or proved before him No. 17. Certificate of acknowledgment by corporation of execution of conveyance of real estate situated in the State of Cali- fornia. (Civil Code of California, § 11 89.) State of (California), County of , On this day of , in the year , before me, A. B. (here insert the quality of officer), personally appeared C. D., known to me (or, proved to me on the oath of E. F.), to be the president (or, secretary) of the (name of corpora- tion), the corporation that executed the (within) instrument, and acknowledged to me that such corporation executed the same.^ [L. s.] A. B. (Official title.) I. See note i, to form No. 16. No. 18. Certificate of acknowledgment of conveyance of a homestead situated in the State of Colorado. (Laws of Colorado of 1887, p. 228, § 6.) State of (Colorado), ) County of , ) I, A. B., a (naming the office) within and for the county and State aforesaid, do hereby certify that C. D., who is per- sonally known to me (or, if not so known and his identity is proven to such officer by witness, then certify who was proven to me by the oath of E. F. (naming the witness a credible witness,) to be the same person whose name is sub- scribed to the foregoing instrument of writing, appeared be- fore me this day in person, and acknowledged that he exe- 30 Forms of cuted the same as his free and voluntary act for the uses and purposes therein set forth. Witness my hand and notarial seal (or if by clerk, say " and seal of the said court," said court being a .court of record), this day of , A. D., i } [L. S.] I. Deeds, bonds and agreements in writing, conveying lands or any interest therein, or affecting title thereto, may be acknowledged or proved before any clerk of the Cir- cuit or District Court of the United States, for the District of Colorado, or any deputy of such clerk; such clerk certifying such acknowledgment un- der the seal of such court respect- ively. (Laws of Colorado of rSyg, p. 5, ii-) Deeds, bonds and agreements in writing, conveying lands, or any in- terest therein, or affecting title thereto, may be acknowledged or proved before the following officers: First. When executed within the State, before any judge of any court of record, before the clerk of any such court of record, or the deputy of any such clerk, such judge, clerk or deputy clerk certifying such acknowledgment under the seal of such court; before the clerk and re- corder of any county or his deputy, such clerk or deputy clerk certifying the same under the seal of said county; before any notary public, he certifying the same under his notarial seal; or before any justice of the peace within his county; provided, that if such deed, bond or agreement be for the conveyance of lands situ- ate beyond the county of such jus- tice of the peace, there shall be af- fixed to his certificate of such ac- knowledgment a certificate of the county clerk and recorder of the proper county, under his hand and A. B. (Official title.) the seal of such county, to the official capacity of such justice of the peace, and that the signature to such certifi- cate of acknowledgment is the true signature of such justice. Second. When executed out of the State, and within the United States, or any Territory thereof, be- fore the secretary of any such State or Territory, he certifying such ac- knowledgment under the seal of such State or Territory; before the clerk of any court of record of such State or Territory, or of the United States within such State or Territory having a seal, such clerk certifying the acknowledgment under the seal of such court; before any notary public of such State or Territory, he certify- ing the same under his notarial seal; before any commissioner of deeds for any such foreign State or Terri- tory, appointed under the laws of the State of Colorado, he certifying such acknowledgment under his hand and official seal; before any other officer authorized by the laws of any such State or Territory to take and certify such acknowledg- ment: provided, there shall be af- fixed to the certificate of such officer, other than those above enumerated, a certificate by the clerk of some court of record of the county, city or district wherein such officer resides, under the seal of such court, that the person certifying such acknowl- edgment is the officer he assumes to be; that he has the authority, by the laws of such State or Territory, to Acknowledgment and Proof of Deeds. 31 take and certify such acknowledg- ment, and that the signature of such officer to the certificate of acknowl- edgment is the true signature of such officer. Third. When executed out of the United States, before any court of record of any foreign republic, king- dom, empire, state, principality or province having a seal, the acknowl- ■edgment being certified by the judge or justice of such court to have been made before such court, and such certificate to be attested by the seal of such court; before the mayor or other chief officer of any city or town having a seal, such mayor or other chief officer certifying such acknowl- edgment under such seal; before any consul of the United States within such foreign country, he certifying the same under the seal of his consu- late. (Laws of Colorado of i88g, p. 86, etc., § I.) No officer authorized to take ac- knowledgments of instruments af- fecting the title to real property, shall hear or certify such acknowledg- ment unless the person making the same shall be personally known to such officer to be the identical per- son he represents himself to be, or shall be proved to be such by at least one credible person known to such officer; but it shall not be nec- essary to state such fact in his cer- tificate of acknowledgment attached to any instrument affecting the title to real property, except when it is intended to convey or mortgage a homestead, and in such case the ac- knowledgment shall contain the ad- ditional words now required by law: State of Colorado, ) County of , J ' ' appeared before me, this day of , I , in person, and acknowledged the foregoing instru- ment to be his act and deed for the uses specified therein. Witness my hand and official seal. [seal.] a. B. (Title of officer.) Any deed or instrument relating to or affecting the title to real prop- erty, acknowledged substantially in accordance with the above form be- fore a proper officer, shall be prima facie evidence of the proper execu- tion thereof. (Laws of Colorado of 1887, p. 228, § 6.) No. 19. Certificate of acknowledgment, by individual, of execution of conveyance of property situated in the State of Connecticut. (Gen. Stats, of Connecticut, p. 644, § 2954.) State of (Connecticut), ) County of , j " (Give place and date.) Personally appeared, A. B., signer and sealer of the fore- going instrument, and acknowledged the same to be his free act and deed. Before me.' C. D. (Official title.) I. All conveyances of lands shall be subscribed with his own hand, or with in writing, sealed by the grantor, and his mark, with his name thereto an- 32 Forms of nexed, or by his attorney, authorized for that purpose by a power executed and acknowledged in the manner provided for conveyances, and at- tested by two witnesses with their own hands, and acknowledged by the grantor, or by such attorney, to be his free act and deed, if in the State, before a judge of a court of record of the State or of the United States, a clerk of the Superior Court, Court of Common Pleas, or District Court, justice of the peace, commis- sioner of the school fund, commis- sioner of the Superior Court, notary public, either with or without his ofBcial seal, town clerk, or assistant town clerk ; and if in any other State or Territory of the United States, be- fore a commissioner appointed by the governor of the State of Connec- ticut and residing therein, or any oflBcer authorized to take the ac- knowledgment of deeds, in such State or Territory ; and if in a foreign country, before any consul of the United States, or notary public, or justice of the peace, in such foreign country ; but no officer shall have power to take such acknowledgment, except within the territorial limits in which he may perform the proper duties of his office. (Gen. Stats, of Connecticut, p. 644, § 2954.) Conveyances of real estate made to or by any corporation maybe attested by witnesses interested therein, and may be acknowledged before prop- erly authorized persons who are so interested. (Id., p. 644, § 2955.) Conveyances of real estate situated in the State and powers of attor- ney therefor, executed and acknowl- edged in any other State or Territory in conformity with its laws, relative to the conveyance of lands therein situated, shall be valid. (Id., p. 645, § 2956.) No separate acknowledgment by a married woman is required. (Id. § 2960.) No. 20. ss.. Certificate of acknowledgment, by corporation, of conveyance of property situated in the State of Connecticut. (Gen. Stats, of Connecticut, p. 644, § 2955.) State of (Connecticut), \ County of ) (Give place and date.) Personally appeared, C. D., agent of the A. B. Co., signer and sealer of the foregoing instrument, and acknowledged the same to be his free act and deed, and the free act and deed of the A. B. Co. Before me.' C. D. (Official title.) I. See note i to form No. 19. Acknowledgment and Proof of Deeds. 33 ss.: [L. S.f No. 21. Certificate of ackno-wledgment, by individual, of conveyance of lands situated in Territory of Dakota. (Civ. Code, Dakota Ten, Comp. Laws, §§ 3287, '8.) (Territory) of (Dakota), County of , On this day of , in the year i , before me, a (here insert the name and quality of the officer) personally appeared A. B. (and E. F.), known to me (or, proved to me on the oath of C. D.), to be the (*) person (or, persons) who is (or, are) described in, and who executed the (within) instrument, and who (severally) acknowledged to me that he (or, they) executed the same.^ I.J. (Official title.) Territory where such acknowledg- ment, etc., is made, who is author- ized by its laws to take such ac- knowledgment, etc. (Id., § 3279.) Third. If made without the United States, it may be made before a min- ister, commissioner or charge des af- faires of the United States, resident and accredited in the country where the proof or acknowledgment is taken, or before a consul, vice-con- sul or consular agent of the United States, resident in the country where such proof or acknowledgment is made, or before a judge of a court of record of the country where the proof or acknowledgment is made, or a notar)' public of such country, and in case any of the foregoing of- ficers are by law authorized to appoint a deputy, then such proof or acknowl- edgment may be taken before such deputy in the name of the principal. (Id., §3280.) Fourth. Proof of the execution of an instrument when not acknowledged, may be made either by the party or I. First. The acknowledgment or proof of an instrument conveying lands situated in Dakota may be made at any place within the Territory be- fore a justice or clerk of the Supreme Court, or before a notary public, or it may be made before a judge or clerk of a court of record, the mayor of a city, a register of deeds, a justice of the peace, or United States Circuit or District Court com- missioner, a county clerk or county auditor within the judicial district, county, subdivision or city for which such officer was appointed or elected. (Civ. Code, Dakota Ter., Compiled Laws, g§ 3277, 3278.) Second. If made without the Terri- tory,and within the United States.and within the jurisdiction of the officer, before a justice, judge or clerk of any court of record of the United States, or of any State or Territory, or before a notary public, or a commissioner duly appointed for the purpose by the governor of the Territory, or be- fore any other officer of the State or s 34 Forms of parties, or either of them, executing it, or by a subscribing witness, or by other witnesses in the cases mentioned in §§ 3285 and 3286. (Id., § 3283.) If made by a subscribing witness, he must be personally known to the of- ficer taking such proof to be the per- son who signed such instrument as a witness, or must be proved to be such person by the oath of a credible witness. The subscribing witness must prove that the person whose name is subscribed to the instrument as a party is the person described in it, and that such person executed it, and that the witness subscribed his name thereto as a witness. (Id., § 3284.) Fifth. The execution of an instru- ment m'y be established by proof of the handwriting of the party and of a. subscribing witness if there is one, when the party and all the subscrib- ing witnesses, if any, are dead or are non-residents of the Territory, or when the place of their residence is unknown to the party desiring the proof, and cannot be ascertained by the exercise of due diligence, or con- ceals himself and cannot be found by the officer with due diligence, in attempting to serve the subpoena or attachment, or in case of the con- tinued failure or refusal of the wit- ness to testify, for the space of an hou r after his appearance. (Id., § 3285 ; see, also. Id., § 3286.) li. The acknowledgment, etc., must be authenticated by the certificate of the officer taking the same, signed by him, adding his official title, and, if the officer is required by law to have an official seal, such seal must be affixed (by impression). Judgesand clerks of courts of record must affix to their certificates the seals of their proper court; and mayors of cities the seal thereof. (Id., §3288, subd. 4.) If such certificate is made by a jus- tice of the peace, in order to be used in any other county than the one in which he resides, it must be accom- panied by a certificate, under the hand and seal of the clerk of the District Court, or of any other county court of record of the county where such jus- tice resides, showing that, at the time of taking such acknowledgment, such justice was authorized to take the same, and that the clerk is acquainted with the handwriting of the justice, and believes the signature to the origi- nal certificate to be genuine. (Id., subd. 5.) The wife need not make any sep- arate acknowledgment, and the form of acknowledgment is the same for both husband and wife. (Id., §3282.) See, also, notes to forms Nos. 80 and 122. No. 22. Certificate of acknowledgment of execution of conveyance of lands situated in Dakota Territory, by attorney in fact. (Civ. Code, Comp. Laws> Dakota Ten, §§ 3288, etc.) As in last form No. 21 to (*), and from thence as follows: person who is described in and whose name is subscribed to the within instrument, as the attorney in fact of A. B., Acknowledgment and Proof of Deeds. 35 and acknowledged to me that he subscribed the name of A. B. thereto as principal, and 'his own name as attorney in fact.' [L. S.] J. K. (Ofificial title.) I. See hotes to form No. ii. No. 23. Certificate of acknowledgment of conveyance of real property situated in Dakota Territory, by corporation. (Civ. Code, Dakota Ter., Comp. Laws, §§ 3288, etc.) As in form No. 21 to (*), and from thence as follows: president (or, the secretary) of the (name of corporation) the corporation that is described in, and that executed the within instrument, and acknowledged to me that such cor- poration executed the same.' [L. s.] E. T. . (Official title.) I. See notes to form No. 2i. No. 24. Certificate of proof of conveyance of land situated in Dakota Territory, by subscribing witness. (Civ. Code, Dakota Ten, Comp. Laws, § 3284.) (Territory) of (Dakota), , ss.. County of ■ On this day of , in the year i , before me, personally appeared C. D. (*), a subscribing witness to the (within) instrument, who is personally known to me (or, proved by the oath of E. F., a credible witness) to be the person (or, one of the persons) who signed such instrument as a witness (or, as witnesses), who being by me duly sworn did depose and say : That A. B., the person whose name is subscribed to said instrument as a party, is the person de- 36 Forms of scribed in it, and that said A. B. executed the said instru- ment, and that he, said C. D., subscribed his name thereto as a witness.' [L. S.J F. G. (Official title.) I. See notes to form No. 21, No. 25. Certificate of proof by party to conveyance of land situated in Dakota Territory. (Civ. Code, Dakota Ter., Comp. Laws, § 3284.) As in last form No. 24, to ( * ), and from thence as follows: who is personally known to me (or, proved by the oath of E. F.) to be the person (or, one of the persons) who is de- scribed in and who executed the (foregoing) instrument, who, being by me duly sworn, did depose and say : That he is a party to said instrument, and that he executed said in- strument.' [L. s.] F. G. (Official title.) I. See notes to form No. 21. No. 26. Certificate of acknowledgment, toy individual, or by hus- band and wife, of execution of conveyance of land situ- ated in State of Delaware. (Rev. Stats. Delaware, chap. 83, § 9.) State of (Delaware), County of - Be it remembered that on this day of , A. D., I , personally came before me, A. B. (naming his official title, as in form No. 6) C. D. (and E. D., his wife), party (or, parties) to this indenture, known to me personally (or, proved upon the oath of G. H.) to be such, and (severally) ac- knowledged this indenture to be his (or, their) act and deed ; (and the said E. D., being at the same time privately ex- Acknowledgment and Proof of Deeds. 37 amined by me apart from her husband, acknowledged that she executed the said indenture willingly, without compul- sion or threats or fear of her husband's displeasure). Given under my hand and seal of office, the day and year aforesaid.^ [L. S.J A. B. (Official title.) I. The wife must join in the con- veyance to bar her dower, and the husband to bar his curtesy. Within the State a deed concern- ing lands, tenements and heredita- ments may be aclsnowledged in any county, by any party to the same, in the Superior Court, or before the chancellor or any judge or notary public, or before two justices of the peace for the same county. Such deed may also be acknowledged in the said Superior Court by attorney, by virtue of a power contained in it or separate from it, the power being first proved in the said court. Also said deed may be proved in the said court by one or more of the subscrib- ing witnesses. (Rev. Stats. Delaware, chap. 83, § 3.) If proved or acknowledged with- out the State, such proof or acknowl- edgment may be made before any consul-general, consul, vice-consul, consular agent or commercial agent of the United States, duly appointed in any foreign country at the places of their respective official resi- dence; before the judge of any District or Circuit Court of the United States, the chancellor or any judge of a court of record of any State, Territory or country, or the mayor or chief officer of any city or borough, and certified under the hand of such chancellor, judge, mayor or officer, and the seal of his office, court, city or borough, by certificate indorsed upon or annexed to the deed; or such acknowledg- ment or proof may be taken in any such court and certified under the hand of the clerk or other officer of said court and the seal of said court in like manner. In case of such certificate by a judge, the seal of his court may be affixed to his certifi- cate, or to a certificate of attestation of the clerk or keeper of the seal. Such acknowledgment may also be taken by any commissioner of deeds for that State, or by a notary public of any State or Territory, or of the District of Columbia. (Id., § 10, as amended by chap. 212 of Laws of 1883, and by chap. 212 of Laws of 1887.) Deeds must be recorded within three months after sealing and de- livery, to avail against creditors, mortgagees or bona fide purchasers, without notice. (Id., § 17, as amd. by Laws of 1883, chap. 213.) Two justices of the peace when taking or certifying an acknowledg- ment or private examination must be together, and a certificate of acknowl- edgment and private examination taken before them may be according to the following form, viz. : The State of Delaware, ) county, ) ^' ' Be it remembered, that on the day of , in the year of our Lord one thousand eight hundred and , personally came before the sub- 38 Forms of scriber, two of the justices of the If the instrument acknowledged be peace for county aforesaid, C. D. not an indenture, the word " instru- and B. D., his wife, parties to this ment" may be substituted for _ the indenture, known to us personally word "indenture" in the form; if it (or proved on the oath of ) to be be not, under seal, the words "and such, and severally acknowledged deed " in the form must be omitted, said indenture to be their act and If an acknowledgment only or private deed respectively, and that the said examination only be taken, the form B. D. being at the same time person- must be varied according to the case; ally examined by us, apart from her and so of other cases requiring a husband, acknowledged she executed variance, the form being given for the said indenture willingly, without general direction. The certificate compulsion or threats, or fear of her of acknowledgment and of private husband's displeasure. examination may, in all cases, be Witness our hands the day and acpording to the foregoing form, year aforesaid. (Id., § 9.) No. 27. Certificate of acknowledgment, by corporation, of execution of conveyance of laud situated in the State of Delaware. (Rev. Stats. Delaware, chap. 83, § 6, as amended by chap. 521 of Laws of 1881.) State of (Delaware), ^ County of , Be it remembered that on this day of , A. D., i , personally came before me, A. B., a (giving official title as in form No. 6), C. D., president (or, presiding officer, as the case may be), of the D. M. Company, a corporation of the State of Delaware, party to this indenture, known to me personally (or, proved upon the oath of C. D.), to be such, and acknowl- edged this indenture to be his act and deed, and the acts and deeds of the said corporation ; that the signature of the said president (or, presiding officer) is in his own proper handwrit- ing ; that the seal affixed thereto is the common or corporate seal of the said corporation or company ; and that his act of sealing, executing, acknowledging and delivering of said in- denture is duly authorized by resolution of the directors (or, Acknowledgment and Proof of Deeds. 39 trustees, or name other managers) of said corporation or com- pany. Given under my hand and seal of office the day and year aforesaid.* [SEAL.] A. B. (Official title.) I. A deed concerning lands and directors, trustees or other managers, tenements, executed by a corporation, or by the legally constituted at- may be executed and acknowledged torney of such corporation. (Rev. before the chancellor or any judge of Stats, of Delaware, chap. 83, § 6, as the State, or a judge of the District amended by chap. 521 of the Laws of or Circuit Court of the United States, 1881.) or a notary public, or two justices of As to acknowledgment without the peace of the same county, by the the State, see § 10 of same chapter, president or other presiding officer, cited in note to form No. 26. duly authorized by resolution of the No. 28. Certificate of acknowledgment of conveyance of land, exe- cuted by husband and wife, situated in the District of Columbia. (Rev. Stats, of U. S. relating to Dist. of Columbia, §§ 442, 461.) State of — ss.: county, I, A. B., a (here give title in full), in and for the county of aforesaid, in the State of , do hereby certify that C. D., and E. D. (his wife), parties to a certain deed, bearing date on the day of , A. D., i , and hereto annexed, personally appeared before me, in the county aforesaid, the said C. D. and E. D., being personally well known to me as (or proved by oaths of credible wit- nesses before me to be) the persons who executed the said deed, and acknowledged the same to be their act and deed ; [and the said E. D., wife of the said C. D., being by me examined privily and apart from her said husband, and hav- ing the deed aforesaid fully explained to her, acknowledged 40 Forms of the same to be her act and deed, and declared that she had willingly signed, sealed and dehvered the same, and that she wished not to retract it.] Given under my hand and seal, this day of , A. D., I } A. B. [SEAL.] and acknowledged the same to be his (her or their) act and deed. Given under my hand and seal this day of , I . A. B. [seal.] (Id., § 442.) When acknowledgments are made beyond the limits of the district within the United States, the certifi- cate of the same shall be accompa- nied by a certificate of the register, clerk, or other public officer having cognizance of the fact, under his official seal , that, at the date of the ac- knowledgment, the officer taking the same was, in fact, the officer he pur- ported to be. (Id., §443.) Deeds made in a foreign country may be executed and acknowledged before any judge or chancellor of any court, master, or master extra- ordinary in chancery, or notary pub- lic, or before any secretary of lega- tion, or consular officer of the United States. (Id., § 444.) When acknowledgments are made before an officer in a foreign country, other than a secretary of legation, or consular officer of the United States, the official character of the person taking the acknowledgment shall be certified in the manner prescribed in section 442. (Id., § 445.) When any married woman shall be a party executing a deed for the con- veyance of real estate or interest therein, and shall only be relinquish- ing her right of dower, or when she shall be a party with her husband to I. Acknowledgments of deeds may be made before any of the following named officers of the State, district, county or Territory within the United States, in which the person making theacknowledgmentmaybe, namely: First. Before any judge of a court of record and of law. Second. Be- fore any chancellor of a State. Third. Before any judge of the Supreme, Circuit, District or Territorial Courts of the United States. Fourth. Be- fore any justice of the peace. Fifth. Before any notary public. Sixth. Be- fore any commissioner of the Circuit Court of the District. (Rev. Stats, of U. S., relating to Dist. of Columbia, § 441.) The officer taking an acknowledg- ment shall annex to the deed a cer- tificate under his hand and seal to the following effect: county (or city, etc.), to-wit: I, A. B., a justice of the peace (or other prescribed officer, giving his title), in and for the county (or city, or parish, or district) aforesaid, in the State (or Territory or district) of , do hereby certify that C. D., a party (or C. D. and E. D., etc., parties) to a certain deed, bearing date on the day of , and hereto annexed, personally appeared before me in the county (or city, etc.), aforesaid, the said C. D. and E. D. being person- ally well known to me, as (or proved by the oaths of credible witnesses before me to be) the person (or per- sons) who executed the said deed, Acknowledgment and Proof of Deeds. 41 any oeed, it shall be the duty of the officer authorized to take acknowl- edgments, before whom she may ap- pear, to examine her privily and apart from her husband, and to ex- plain to her the deed fully. (Id., §450.) If, upon such privy examination and explanation, she shall acknowl- edge the deed to be her act and deed, and shall declare that she had will- ingly signed, sealed and delivered the same, and that she wished not to retract it, the officer shall certify such examination, acknowledgment and declaration by a certificate an- nexed to the deed, and under his hand and seal, to the following ef- fect: county (or city, etc.), to-wit: I, A. B., a justice of the peace (or other prescribed officer, giving title) in the county (or, city, etc.) aforesaid, in the State (or. Territory, etc.) of , do hereby certify that C. D., the wife of E. F., party to a certain deed bearing date on the day of , and hereunto annexed, personally appeared before me, in the county (or, city, etc.) aforesaid, the said C. D. being well known to me as (or, proved by the baths of credible wit- nesses before me to be) the person'' who executed the said deed, and be- ing, by me, examined privily and apart from her husband, and having the deed aforesaid fully explained to her, she, the said E. F., acknowl- edged the same to be her act and deed, and declared that she had will- ingly signed, sealed, and delivered the same, and that she wished not to retract it. Given under my hand and seal, this day of . A. B. [seal.] Commissioners of deeds for the District of Columbia and the States and Territories are given power to take acknowledgments by the act of Congress passed June 7, 1878. No. 29. Certificate of acknowledgment of conveyance of real estate situated in the State of Florida. (Laws of Florida, chap. 32, § 16.) ss.. State of (Florida), County of , Before me personally came A. B., to me well known as (or, to me satisfactorily proven to be) the person described in and who executed the foregoing deed of conveyance and acknowledged that he executed the same for the purposes therein expressed, and prays that it may be admitted to record. In witness whereof, I have hereunto set my hand and seal, this day of , A. D., i } [L. S.] C. D. (Official title.) I. The acknowledgment may be United States, or the execution made out of the State and within the proved by a subscribing witness: Be- 6 42 Forms of fore a commissioner appointed by commissioner appointed by the gov- the governor of the State, or any ernor of the State of Florida for judge, or any clerk of a court of that purpose. Such acknowledgment record, ot a notary public, justice of shall be certified therein by the offi- the peace or other officer authorized, cer taking the same, and his seal of by the law of the State, Territory or office shall be affixed to his certifi- district, to take the acknowledgment cate. (Id., § 17.) of deeds, therein. (McClellan's Dig., If made within the State it must Laws of Florida, chap. 32, § i6.) be acknowledged or its execution If made out of the country, it may piroved upon oath by at least one of be taken by a notary public, minister the subscribing witnesses thereto, be- plenipotentiary, extraordinary or res- fore the officer required by law to ident, charge d'afTaires, commissioner record the same, or before some judi- or consul of the United States, ap- cial officer of the State. (Id., chap, pointed to reside therein, or by a 32, g 9.) No. 30. Certificate of acknowledgment by married woman of execu- tion of conveyance of real estate situated in the State of Florida. (Laws of Florida, chap. 32, § 16.) State of (Florida), ^ ^^ . County of , Before me personally came C. B., to me well known as (or, to me satisfactorily proven to be) the wife of A. B., a person described in and who executed the foregoing convey- ance, who, being by me examined separate and apart from her husband, the said A. B., acknowledged that she made herself a party to the foregoing deed of conveyance, for the purpose of relinquishing all her right, title, dower, and interest, either legal or equitable, in and to the said premises, and that she executed the same freely and voluntarily without fear, restraint or compulsion from her said husband,.the said A. B. In witness whereof, I have hereunto set my hand and seal, this day of , A. D., i .* [L. s.] C. D. (Official title.) I. This acknowledgment by a mar- unless so acknowledged, no estate ried woman is required to be made passes. See, also, note to form No. separate and apart from her husband; 29. Acknowledgment and Proof of Deeds. 43 No. 31. Certificate of acknowledgment of conveyance of real estate situated in the State of Georgia. (Code of Georgia, § 2706.) State of (Georgia), County of - Before me, A. B., a (here insert title of ofificer), personally came J. D., to me known to be the individual whose signa- ture is afifixed to the foregoing deed, who, being sworn, says that he executed the foregoing deed, for the purpose therein mentioned, and acknowledges the same to be his true and lawful act.^ (Signed), J. D. Sworn to and subscribed before me, this day of , I . [seal.J a. .B. (Official title., I. To authorize the record of a deed is acknowledged, in the pres- deed to realty or personalty it must ence of either of the above-mentioned be attested : officers, that fact, certified on the deed If executed out of the State, by a by such officer, shall entitle it to be commissioner of deeds for the State recorded. (Code of Georgia, § 2706.) of Georgia ; or, ii consul or vice-oon- A deed of lands in the State must sul of the United States (the certifi- be in writing, signed by the maker, cates of those officers being evidence attested by at least two witnesses, of the fact), or by a judge of a court and delivered to the purchaser, or of record in the State where it is exe- some one for him, and be made on cuted, with a certificate of the clerk, valuable or good consideration. The under the seal of such court, of the consideration of a deed may always genuineness of the signature of such be inquired into when the principles judge. of justice require it. (Id., §2690.) If executed in the State it must be The word " deed " implies that it attested by a judge of a court of rec- must be sealed. See, also, Reinhart ord of the State, or a justice of the v. Miller (22 Ga. 402). peace or notary public, or clerk of With the exception of official seals, the Superior Court, in the county in a scrawl, or any other mark intended which these last-mentioned officers as a seal, shall be held as such. (Id., respectively hold their appointments > § 5.) or, if subsequent to its execution the 44 Forms of No. 32. Proof by subscribing witness of execution of deed of real property situated in the State of Georgia. (Code of Georgia, § 2707.) State of (Georgia), County of , Before me, A. B., a (insert title of officer), personally came J. S., to me known to be the individual whose name is signed to the foregoing deed as one of the witnesses thereto, who, being sworn, says that he was present "at the time when said deed was executed ; that he sav^ the same signed, sealed and delivered by J. D., whose signature is thereto affixed as grantor ; that R. R., the other subscribing witness thereto, was likewise present at said time, and witnessed said execution of said deed, and that he, the said J. S. and the said R. R., then and there signed the same as attesting wit^ nesses.' (Signed), \. S. (Name of grantor.) Sworn to and subscribed before me, this day of , I . [L. S.J A. B. (Title of officer.) I. See note i to last form, No. 31. No. 33. Certificate of acknowledgment of conveyance of real property situated in the State of Idaho. (Rev. Stats. Idaho, § 2958.) State of (Idaho), ) . County of , ) On this day of , in the year of i , personally appeared before me, A. B., a (title of officer) C. D. (and B. D.), known (or, proved to me on the oath of E. F.) to be the per- Acknowledgment and Proof of Deeds. 45 son (or, persons) whose name (or names) is (or, are) subscribed to the within instrument, and acknowledged to me that he (or, they) executed the same.^ A_ g_ (Official title.) I. The above is the form of ac- of the United States; or, 2. A jus- knowledgment required by the laws tice, judge or clerk of any court of of the Territory of Idaho, which laws record of any State or Territory; or, will remain in force until changed or 3. A commissioner appointed by the amended by the State legislature, governor of the Territory of Idaho for (Rev. Stats, of Idaho, § 2958.) that purpose; or, 4. A notary public; A conveyance of an estate in real or, 5. Any other ofHcer of the State or property may be made by an instru- Territory where the acknowledgment ment in writing, subscribed by the is made, authorized by its laws to party disposing of the same, or by take such proof or acknowledgment, his agent thereunto authorized by Without the United States it may writing. (Id., §2920.) be made before either: i. A minis- To entitle it to record it must be ter, commissioner or charge d'aflFaires witnessed by at least one witness, of the United States, resident or ac- and acknowledged or proved. credited in the country where the The proof or acknowledgment of proof or acknowledgment is made; an instrument may be made at any or, 2. A consul or vice-consul of the place within the Territory before a United States, resident in the country justice or clerk of the Supreme where the proof or acknowledgment Court. (Id., § 2950.) is made; or, 3. A judge of a court Or within the city, county or dis- of record of the country where the trict for which the officer was elected proof or acknowledgment is made; or appointed, before either: i. A or, 4. Commissioners appointed for judge or clerk of any court of rec- such purpose by the governor of the ord; or, 2. A county recorder; or, Territory of Idaho, pursuant to stat- 3. A notary public; or, 4. A justice ute. (Id., § 2952.) of the peace. (Id., § 2951.) Whenany of the officers mentioned Without the Territory, but within in the four preceding sections are the United States and within the authorized by law to appoint a jurisdiction of the oiBcer it maybe deputy, the acknowledgment or proof made, before either: i. A justice, may be taken by such deputy, in the judge or clerk of any court of record name of his principal. (Id., §2954.) No. 34. Certifleate of acknowledgment by married woman of convey- ance of real 'property situated in State of Idaho. (Rev. Stats, of Idaho, § 2960.) State of (Idaho), County of , On this day of , in the year of i , before me, A. B., a (here insert the quality of ofificer), personally ap- 46 Forms of peared , known to me (or, proved to me on the oath of ) to be the (*) person whose name is subscribed to the within instrument, described as a married woman ; and upon an examination without the hearing of her husband, I made her acquainted with the contents of the within instrument, and thereupon she acknowledged to me that she executed the same, and that she does not wish to retract such execu- tion.' A. B. (Official title.) 1. See note i to form No. 33. No. 35. Certificate of acknowledgment of instrument of conveyance by corporation of real property situated in the State of Idaho. (Rev. Stats, of Idaho, § 2958.) As in form No. 34, to (*), and from thence as follows: president (or, the secretary) of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same.' A. B. (Official title.) I. See sec. 2959 of Revised Statutes of Idaho, and see note i to form No. 33. No. 36- Certificate of acknowledgment of conveyance of real property situated in the State of Illinois. (Rev. Stats, of Illinois, chap. 30, § 26.) State of (Illinois), ) County of (name of county), f I, A. B., a Chere give officer's official title), do hereby certify that C. D., and M. D. (his wife), personally known to me to be the same person (or, persons) whose name (or, names) is (or, are) subscribed to the foregoing instrument, appeared before me this day, in person, and acknowledged Acknowledgment and Proof of Deeds. 47 that he (she or they) signed, sealed and delivered the said instrument, as his (her or their) free and voluntary act, for the uses and purposes therein set forth. Given under my hand and private (or, ofificial) seal, this day of , A. D. i } [SEAL.] (Signature of officer.) (Official title.) I. A married woman may acknowl- edge in the same manner as if she were unmarried, and with the like effect. (Rev. Stats, of Illinois, chap. 30, § ig.) Deeds, mortgages, conveyances, releases, powers of attorney, or other writings of or relating to the sale, conveyance, or other disposition of real estate, or any interest therein, whereby the rights of any person may be affected in law or in equity, may be acknowledged or proved be- fore some one of the following courts or officers, viz. : First. When acknowledged or proved within the State, before a mas- ter in chancery, notary public, United States commissioner, circuit or county clerk, justice of the peace or any court of record having a seal, or any judge, justice or clerk of any such court. When taken before a no- tary public or United States commis- sioner, the same shall be attested by his official seal; when taken before a court or the clerk thereof, the same shall be attested by the seal of such court; and when taken before a justice of the peace, there shall be added the certificate of the county clerk, under his seal of office, that the person taking such acknowledg- ment or proof was a justice of the peace in said county at the time of taking the same. If the justice of the peace reside in the county where the lands mentioned in the instru- ment are situated, no such certificate shall be required. Second. When acknowledged or proved without the State, and within the United States or their Territories, or the District of Columbia, before a justice of the peace, a notary public. United States commissioner, com- missioner to take acknowledgment of deeds, mayor of a city, clerk of a county, or before any judge, justice or clerk of the Supreme, Circuit, Superior, District, County or Com- mon Pleas Court, of any of the United States or their Territories. When such acknowledgment or proof is made before a notary public, United States commissioner, com- missioner of deeds, or clerk, it shall be certified by such officer, under his seal of office. If before the maj'or of a city, it shall be certified under the seal of the city. If before a justice of the peace, there shall be added a certificate of the proper clerk, under the seal of his office, setting forth that the person before whom such proof or acknowledgment was made was a justice of the peace at the time of taking the same. An acknowl- edgment or proof may be made in conformity with the laws of the State, Territory or district where it is made; Provided, that if any clerk of any court of record, within such State, Territory or district, shall under his hand and the seal of such court, certify that such deed or instrument is exe- 48 Forms of cuted and acknowledged or proved a seal, or any mayor, or chief officer in conformity with the laws of such of any city or town having a seal, or State, Territory or district, or it shall before any minister or secretary of so appear by the laws of such State, legation, or consul of the United Territory or district, duly proved and States in any foreign country, attested certified copies of the record of such by his official seal, or before any^ deeds, mortgages, or other instru- officer authorized by the laws of such ments relating to real estate, hereto- foreign country to take acknowledg- fore or hereafter made and recorded ments of conveyances of real estate, if in the proper county, may be read in he have a seal, such deed to be at- evidence as in other cases of such cer- tested by the official seal of such tified copies, upon such a certificate of court or officer. And in case such conformity to the laws of the State, acknowledgment or proof is taken Territory or district where such other than before a court of record, deeds, mortgages or other instru- or mayor, or chief officer of a town ments were made and acknowledged, having a seal, proof that the officer being exhibited therewith or annexed taking such acknowledgment was thereto. duly authorized by the laws of his Third. When acknowledged or country so to do, shall accompany proved without the United States, the certificate of such acknowledg- then before any court of any repub- ment. (Rev. Stats. Illinois, chap. 30, lie, State, kingdom or empire having § 20.) No. 37- Certificate of acknowledgment of chattel mortgage in State of Illinois. (Rev. Stats, of Illinois, chap. 95, § 2.) This (name of instrument) was acknowledged before me by (name of grantor, when the acknowledgment is made by a resident insert the words " and entered by me ") this day of , I } Witness my hand and seal. [SEAL.] (Name of ofificer.) (Official title.) I. See section 2 of chapter 95 of the Revised Statutes of Illinois, as to this acknowledgment. Acknowledgment and Proof of Deeds. 49 No. 38. Certificate of aeknowledgmeiit of conveyance of real prop- erty situated in the State of Indiana. (Rev. Stats, of Indiana, § 2947.) State of (Indiana), ) County of , ) Before me, A. B., a (stating official character) in and for said county, personally came A. B. (or, A. B. and C. B., his wife) the grantor (or, grantors) in the foregoing deed, and acknowledged the execution of the same. Witness my hand and official seal, at , this day of , I- — } [seal.] (Signature and title.) I. This acknowledgment may be conveyances acknowledged out of taken by any judge or clerk of a the State, and within the United court of record, justice of the peace. States, the same must be certified by auditor or recorder, notary public, the clerk of any court of record of mayor of a city in the State of Indi- the county in which the oiEcer receiv- ana or other State, or by a commis- ing the acknowledgment resides, sioner in another State or Territory, and attested by the seal of said court, appointed by the governor of Indi- but an acknowledgment before an ana, or any minister, charge d'affaires, officer having an official seal, attested or consul of the United States, in by his official seal, shall be suffi- any foreign country, and by county cient without such certificate. (Id., surveyors of the State of Indiana. 82035.) (Rev. Stats, of Indiana, §§ 2933, An acknowledgment of any con- 5958-) veyance in a foreign country, as All deeds may be proved accord- hereinbefore provided, requires no ing to the rules of the common law, certificate other than the official seal before any officer authorized to take of the officer taking such acknowU acknowledgments, and being so edgment. (Id., § 2937.) proved, shall be entitled to record. It shall not be necessary for a mar- (Id., § 2936.) fjgj ^oman to acknowledge her deed For form of certificate of such ;„ any form other than that required proof, see next form, No. 39. by unmarried persons. (Id., § 2938.) To entitle to record in the State, 50 Forms of No. 39. Certificate of proof of conveyance of real property situated in the State of Indiana. (Rev. Stats, of Indiana, § 2936.) State of (Indiana), ) County of , ) Be it remembered, that on thfc day of , i , before me, E. F., a (insert full ofiScial title), in and for said (county, city, etc., as the case may be), duly commissioned and qualified, personally appeared G. H. (or, G. H. and I. J.), competent witnesses of lawful age, and being by me first duly sworn, deposed and said : (here state facts testified, viz., that the witness attested the execution and delivery of the foregoing deed as a subscribing witness, or that he saw it executed and delivered, or that the grantors exhibited and delivered the deed in witness's presence, and admitted to him that, etc.), and that grantor(s) the said A. B. (and C. B., his wife) was (or, were) at the time (of, etc.) of full age and sound mind and memory. In witness whereof, etc.^ [SEAL.] (Signature and official title.) 'i. See note i to last form, No. 38. No. 40. Certificate of acknowledgment of conveyance of real property situated in Indian Territory. (Indian Territory), ) County of , ) On this day of , in the year i , before me, A. M., a (giving official title), personally came A. B. (and C. B., his wife), to me known to be the individual (or, individuals) described in and who executed the foregoing (or, within) in- Acknowledgment and Proof of Deeds. 51 strument, and to me (severally) acknowledged the execution thereof by him (or, by them), as and for his (or, their) act and deed.^ [SEAL.J A. M. (Official title.) I. Acknowledgments maybe taken within the United States, before any within the Indian Territory, by a court of the United States, or of any judge or clerk of a court. United State or Territory having a seal, or States commissioners and notaries the clerk thereof, or any notary pub- public; without the Territory, but lie. No. 41. Certificate of aeknowledgment, by grantor, of conveyance of real property situated in the State of Iowa. (Rev. Code of Iowa, § 1958.) State of (Iowa), County of , On this day of the year i , before me, C. F., a (stating the title of the person before whom the ac- knowledgment is taken \ personally came, A. B., to me per- sonally known (or, to me proved by J. K., a credible witness), to be the identical person whose name is (*) affixed to the (foregoing) instrument, as grantor, and acknowledged the said instrument to be his voluntary act and deed.^ J. K. (Official description.) deputy ; each justice of the peace and notary public within his county. (Id., §277.) When made or acknowledged out of that State but within the United States, it shall be acknowledged be- fore some court of record or officer holding the seal thereof, or before some commissioner appointed by the governor of this State to take the ac- knowledgment of deeds, or before some notary public or justice of the peace ; and when made by a justice of the peace, a certificate under the I. All deeds or other conveyances of lands in the State of Iowa must be signed and acknowledged or proved and certified to. Private seals are abolished. (Rev. Code Iowa, § 2112.) The following officers are authorized to administer oaths and take and certify acknowledgments of instru- ments in ivriting: Each judge of the Supreme, District, or Circuit Courts, respectively ; the clerk of the Su- preme Court ; each clerk and deputy clerk of the District and Circuit Courts ; each county auditor or his S2 Forms of official seal of the proper authority of the official character of said justice, and of his authority to take such ac- knowledgment, and of the genuine- ness of his signature shall accompany said certificate of acknowledgment. (Id., § 1956.) See Jones v. Berkshire (15 Iowa, 248). « When made or acknowledged with- out the United States, it may be ac- knowledged before any embassador, minister, secretary of legation, con- sul, charge d'affaires, consular agent, or any other officer of the United States in a foreign country, who is authorized to issue certificates under the seal of the United States. Said instruments may also be acknowl- edged or proven before any officer of a foreign country who is authorized by the laws thereof to certify to the acknowledgments of written docu^ ments ; but the certificate of acknowl- edgment by a foreign officer must be authenticated by one of the above- named officers of the United States, whose official written statement that full faith and credit is due to the cer- tificate of such foreign officer shall be deemed sufficient evidence of the qualification of said officer to take acknowledgments and to certify thereto, and of the genuineness of his signature or seal, if he have any. All instruments in writing, already executed in accordance with the pro- visions of this section, are hereby de- clared effectual and valid in law, and to be evidence in any court of this State. (Id., § 1957.) The court or officer taking the ac- knowledgment must indorse upon the deed or other instrument, a cer- tificate setting forth the following particulars : First. The title of the court or per- son before whom the acknowledg- ment was taken. Second. That the person making the acknowledgment was personally known to at least one of the judges of the court, or to the officer taking the acknowledgment, to be the identical person whose name is affixed to the deed as grantor, or that such identity was proved by at least one credible witness, naming him. Third. That such person acknowl- edged the instrument to be his volun- tary act and deed. (Id., § 1958.) See Shafanburg v. Bishop (35 Iowa, 60, 62); Willard v. Cramer (36 id. 22); Reynolds v. Kingsbury (15 id. 238). The execution of any deed, mort- gage, or other instrument in writing, executed by any attorney in fact, may be acknowledged by the attorney ex- ecuting the same. (Id., § 1962.) The court or person taking the ac- knowledgment must indorse upon such instrument a certificate setting forth the following particulars : First. The title of the court or per- son before whom the acknowledg- ment was taken. Second. That the person making the acknowledgment was personally known to at least one of the judges of the court, or to the officer taking the acknowledgment, to be the identical person whose name is subscribed to the instrument as attorney for the grantor or grantors therein named, or that such identity was proved to him by at least one credible witness to him personally known and therein named. Third. That such person acknowl- edged said instrument to be the act and deed of the grantor or grantors, therein named by him, as his or their attorney thereunto appointed, volun- tarily done and executed. (Id., § 1963.) There is no particular mode pre- scribed for acknowledgments iri case Acknowledgment and Proof of Deeds. 53 of corporations or joint-stock asso- Any deed or conveyance or other ciations; the same rule should be instrument in writing, by which real followed in taking the acknowledg- estate in the State of Iowa shall be ment of officers of such corporations conveyed or incumbered, if acknowl- or associations as is laid down for edged within the State, must be so acknowledgment by an attorney in before some court having a seal, or fact. (Id.) some judge or clerk thereof, or some There need be no separate exami- justice or notary public. (Id., § 1955.) nation of a married woman. (Id.) No. 42. Certifloate of acknowledgment, by attorney in fact, of convey- ance of real property situated in the State of Iowa. (Rev. Code of Iowa, §§ 1963, 1962.) As in form No. 41, to (*), and from thence as follows: subscribed to the (foregoing) instrument as attorney for the grantor (or, grantors) therein named, and acknowledged said instrument to be the act and deed of said grantor (or, grantors) therein named, as his (or, their) attorney thereunto appointed, voluntarily done and executed. Witness, etc. (as in last form, No. 41).^ (Signature, etc., as in last form, No. 41.) I. Seenotei to last form, No. 41, and sections 1963 and 1962 of the Revised Code of Iowa, No. 43. Certifloate of acknowledgment of conveyance of real property situated in State of Kansas. (Gen. Stats, of Kansas of 1889, T 11 20.) State of — SS..' County of- On this day of , i , before me, C. D., a (title of officer) personally came A. B., to me personally known to be the same person described in and who executed the (foregoing) instrument, and to me acknowledged that he executed the same.^ J. K. (Official title.) I. All conveyances and other in- edged within the State of Kansas, struraents required to be acknowl- must be acknowledged before some 54 Forms of court having a seal, or some judge, justice or clerk thereof, or some jus- tice of the peace, notary public, county cleric, register of deeds or mayor or clerk of an incorporated city. (Gen. Stats, of Kansas (1889), 1118.) If acknowledged out of the State, the acknowledgment must be made before some court of record, or clerk or officer holding the seal thereof, before a commissioner to take the acknowledgment of deeds, appointed by the governor of the State of Kan- sas, or before some notary public or justice of the peace, or before any consul of the United States resident in a foreign port or country. The acknowledgment before a justice of the peace of another State must be accompanied by a certificate of his official character under the hand of the clerk of some court of record, and the seal of the court. (Id. 1119.) Any instrument aflfecting real es- tate in that State, executed and ac- knowledged or proved in another State, Territory or country in con- formity with the laws thereof, or in conformity with the laws of that State, is as valid as if executed in that State, and in accordance with its laws. (Id. 1 134.) An acknowledgment by a married woman need not be made upon her separate examination. (Id. 3753; 9 Kans. 532.) A notary public taking an ac- knowledgment within the State should authenticate the same with his notarial seal. (Meskimen v. Day, 35 Kans. 46.) The court or officer taking the ac- knowledgment must indorse upon the deed a certificate showing, in substance, the title of the court or officer before whom it was taken, that the person making it was per- sonally known to the court, or to the officer taking the same, to be the same person who executed the in- strument, and that such person ac- knowledged the execution of the same. (Same Statute, 1120.) The certificate of proof or acknowl- edgment may be given under seal or otherwise, according to the mode by which the courts or officers granting the same usually authenticate their official acts. (Id. 1124.) See, also, as to proof of convey- ance, etc.. Id. 1121-1124. No. 44. Certificate of aoknowledgment, by husband and wife, of con- veyance of real property in Kentucky, taken out of that State. (Gen. Stats, of Kentucky, chap. 24, § 21, subd. 2.) Commonwealth (or Kingdom of ), ) County or Town, or City or Depart- ment or Parish of , ■set. I, A. B., a (here give his title) do certify, that this instru- ment of writing from C. D., and wife, E. F. (or, from E. F., wife of C. D.), was this day produced to me by the parties. Acknowledgment and Proof of Deeds. 55 (which was acknowledged by the said C. D. to be his act and deed), and the contents and effect of the instrument being explained to the said E. F., by me, separately and apart from her husband, she thereupon declared that she did freely and voluntarily execute and deliver the same, to be her act and deed, and consented that the same might be recorded.' Given under my hand and seal of office, this day of , I . [seal.] I. A married woman may convey any real or personal property she owns, or has an interest in, legal or equitable, in possession, reversion or remainder. The conveyance may be by the joint conveyance of husband and wife, or by a separate instrument, but in the latter case the husband must first convey, or have already con- veyed. (Gen. Stats, of Kentucky, chap. 24, § 20.) See Stuart v. Wilder (17B. M.,58). Previous to an acknowledgment of a conveyance by a married woman, the officer taking the acknowledg- ment must explain to her the con- tents and effect of the conveyance separate and apart from her husband, and thereupon, if she freely and vol- untarily acknowledge the same, and is willing for it to be recorded, the officer shall certify the same as fol- lows: - First, When the acknowledgment shall be taken by an officer of the State he shall simply certify that it was acknowledged before him and when it was done, which shall be evidence that she has been examined sepa- ratelyand apart from her husband, and the contents explained to her, and that she had voluntarily acknowl- edged the instrument, and consented that it should be recorded. , Second. When the acknowledg: ment shall be taken by an officer re- A. B. siding out of the State, the acknowl- edgment shall be to the following effect: (here is inserted the form of acknowledgment given above.) Third. If the husband join in the deed with his wife, and acknowledge it before the same officer, his acknowl- edgment may be certified with that of his wife, immediately succeeding the word, " parties," thus: " which was ac- knowledged by the said C. D., to be his act and deed." (Id., § 21.) Deeds executed in the State of Kentucky are admitted to record upon acknowledgment before the proper clerk, or upon proof by two subscribing witnesses, or of one wit- ness wl\o proves the attestation of the other, and also on the certificate of a county clerk that the deed has been acknowledged or proved before him. (Gen. Stats, of Kentucky, chap. 24, §^5.) Deeds executed out of the State of Kentucky, and within the United States, in order to be recorded, must be acknowledged before a clerk of a court or his deputy, a notary public, the mayor of a city, a secretary of state, a commissioner to take ac- knowledgments, or a judge under the seal of his court. (Id., § 16.) Deeds executed out of the United States must be acknowledged, in or- der to be recorded, before a foreign minister, consul, secretary of lega- tion of the United States, or a secre- 56 Forms of tary of foreign aifairs under his seal A non-resident married woman of office, or a judge of a Superior may convey an interest in real or Court of the nation where the deed personal property in that State by an is executed. (Id., § 17.) agent acting under a power of at- If a deed is proved by persons torney. This power of attorney must other than subscribing witnesses, the be executed and acknowledged as officer shall state their names and deeds of married women are required residences in his certificate. (Id., to be. (Id., § 36.) §18.) No. 45- Certificate of aoknowledgment within the State of Kentucky, by husband and wife, of conveyance of property situated in that State. (Gen. Stats, of Kentucky, chap. 24, § 15, subd. i.) As in form No. 43, to (*), and from thence as follows: which was acknowledged by the said C. D. and E. F. to be their act and deed. Given, etc. (as in form No. 44).* A. B. I. The above would also be the out the State of Kentucky. See, general form of acknowledgment by also, note to form No. 44. a grantor or grantors, within or with- No. 46. Certificate of acknowledgment of conveyance of real estate situated in Louisiana. State of , ^^ ^^^ =•!■ County of- I, A. B., a commissioner, duly commissioned and qualified by the executive authority and under the laws of the State of Louisiana, to take the acknowledgment of deeds and other instruments in writing to be used and recorded therein, do hereby certify that on the day of , A. D., i , before me personally appeared at , in said county, C. D., to me known to be the individual named in, and who exe- cuted the above (or, annexed) conveyance (or, instrument), and acknowledged to me that he did sign, seal and deliver the same as his free act and deed, on the day and year therein Acknowledgment and Proof of Deeds. 57 mentioned, and for the consideration, uses and purposes therein expressed. In witness whereof, I have hereunto set my hand and af- fixed my ofificial seal; this day of , A. D., I , at, etc.i [OFFICIAL SEAL.] I. Deeds made in other States of real estate situated in Louisiana, should be acknowledged before and attested by a commissioner for the State of Louisiana, resident in the State where taken, or should be A. B. (Oiificial title.) proved according to local statute, and the capacity of the local officers must be proved according to the act of Congress, to admit it to record in Louisiana. No. 47. Certificate of acknowledgment of conveyance of real property situated in the State of Maine. (Rev. Stats, of Maine, chap. 73, § 23.) ss.: State of (Maine), 1 County of , ) Date , I . Personally appeared the abovejnamed (insert name of grantor), and acknowledged the foregoing in- strument to be free act and deed.' A. F., Justice of the Peace. States or notary public. (Rev. Stats, of Maine, chap. 73, § 17.) A certificate of acknowledgment or proof of execution, as aforesaid, must be indorsed on or annexed to the deed, and then the deed and cer- tificate may be recorded in the regis- try of deeds. No deed can be re- corded without such certificate. (Id., §23.) When the grantor dies or departs from the State without acknowledg- ing his deed, its execution may be proved before a court of record in the State, by a subscribing witness, and in case the subscribing witness I. To entitle it to be recorded, the conveyance must be acknowledged by the grantors or one of them, or by their attorney, before a justice of the peace or notary public, or woman otherwise eligible under the Consti- tution, and appointed for the purpose by the governor, with the advice and consent of counftl, in the State of Maine; or out of that State and within any of the United States, before any justice of the peace, magistrate, com- missioner appointed for the purpose by the governor of the State, or notary public; or in aforeign country, before a minister or consul of the United 58 Forms of is dead or out of the State, by proof of the handwriting of the grantor and subscribing witness. (Id., §§ i8, 19.) . Should the grantor refuse to ac- knowledge the deed, a copy filed with the register of deeds has the same effect as recording for forty days, and its execution may be proved by the subscribing witness before a justice of the peace or no- tary public in the State, notice of the hearing having been given to the grantor. Certificates so granted en- title the instrument to record. (Id., §§ 20-22.) Powers of attorney to execute deeds should be acknowledged and recorded. No. 48. Certificate of acknowledgment taken within the State of Maryland. (Public Gen. Laws of Maryland, art. 21, § 65.) State of (Maryland), County of , to-wit. : I hereby certify that on this day of , in the year , before subscriber, a (here insert title of the officer taking the acknowledgment), personally appeared A. B. (here insert the nantie of the person making the acknowledg- ment), and acknowledged the foregoing deed to be his act.' J. K. (Official title.) county or city. (2) A judge of the Orphans' Court for said county or city. (3) The judge of the Circuit Court for the county. (4) The judge of the Superior Court, Court of Com- mon Pleas, Baltimore City Court or Circuit Court of Baltimore city. Second. If acknowledged within the State, but out of the county or city where the real estate, or any part of It, lies: Before (i) any justice of the peace for the county or city where the grantor may be; the official character of the justice being certified by the clerk of the Circuit or Su- perior Court, under his official seal. (2) Any judge of the Circuit Court for the circuit in which the grantor may be. (3) The judge of the Su- I. The above form of acknowledg- ment is provided by section 65 of article 2i of the Public General Laws of Maryland, and declared thereby to be sufficient. No estate of inheritance or freehold, or any declaration or limitation of use, or any estate above seven years shall pass or take effect, unless the deed conveying the same shall be executed, acknowledged and re- corded as herein provided; and all such deeds shall be acknowledged before some one of the following officers : First. If acknowledged in the county in which the real estate, or any part of it, lies : Before (i) some justice of the peace of said Acknowledgment and Proof of Deeds. 59 perior Court, Court of Common Pleas, Baltimore City Court, or Cir- cuit Court, if the grantor be in Balti- more city. Third. If acknowledged without this State, but within the United States: Before (i) a notary public. (2) A judge of any court of the United States. (3) A judge of any court of any State or Territory having a seal. (4) A commissioner of deeds of the State of Maryland to take acknowl- edgment of deeds. Fourth. If acknowledged without the United States: Before (i) any minister, consul-general, consul, de- puty consul, consular agent or con- sular officer. (2) A notary public. (3) A commissioner of the State of Maryland to take acknowledgment of deeds. Every officer before whom any ac- knowledgment shall be made shall give a certificate thereof, annexed to or indorsed upon said deed and to be recorded with it. To every cer- ificate of acknowledgment, taken without the State, before the judge of any court having a seal, the seal o£ such court shall be affixed. The certificate shall contain : (i) The name of the person making the ac- knowledgment. (2) The official style of the officer making the acknowl- edgment. (3) The time when taken. (4) A statement that the grantor ac- knowledged the deed to be his act, or made an acknowledgment to the like effect. (Id., art. 21, §§ 1-8.) No separate acknowledgment by a married woman is necessary. (Id., art. 45, § 12.) A deed of the interests or estates, above mentioned, must be recorded within six months from its date, in the county or city in which the land affected by such deed lies; and where it lies in more than one county, or in the city of Baltimore and a county, it shall be recorded in all the counties and the said city in which such land lies. (Id., §13.) See, also, notes to forms Nos. 49- and 50. No. 49. Certificate of acknowledgment by husband and wife, in the State of Maryland. (Public Gen. Laws of Maryland, art. 21, § 66.) State of , county, to-wit : I hereby certify, that on this . day of , in the year , before the subscriber a (here insert the official style of the person taking the acknowledgment), personally appeared (here insert the name of the husband) and (here insert the name of the married woman making the acknowledgment), his wife, and did each acknowledge the aforegoing deed to be their respective act.' a g (Official title.) I. This form is prescribed by sec- eral Laws of Maryland. See, also> tion 66 of article 21 of Public Gen- notes to forms Nos. 48 and 50. 6o Forms of No. 50. Certificate of acknowledgment taken out of the State of Maryland. (Public Gen. Laws of Maryland, art. 21, § 67.) State of , county, to-wit : I hereby certify, that on this day of , in the year , before the subscriber a (here insert the official title of the officer taking the acknowledgment), personally appeared (here insert the name of the person making the acknowledg- ment), and acknowledged the aforegoing deed to be his act. In testimony whereof, I have caused the seal of the court ( SEAL OF THE ) to be affixed (or, have affixed my official / COURT. j seal), this day of , A. D., } A. B. (Official title.) I. See section 67, article 21, Gen. knowledgment contained in the Public Laws of Maryland, by which aforegoing forms shall be sufiScient. the above form is prescribed, and it See, also, notes to forms Nos. 48 and is further provided by section 68 of 49. See, also, Basshor v. Stewart the same article, that any form of ac- (54 Md. 383). No. 51. Certificate of acknowledgment of deed conveying real estate situated in Massachusetts. (Pub. Stats, of Massachusetts, chap. 120, § 6.) Commonwealth of Massachusetts, ] >■ ss.: Suffolk, ) Boston, January i, i . Then the above-named (*) A. B. (and C. B., his wife), per- sonally appeared and (severally) acknowledged the foregoing instrument by him (or, them) subscribed to be his (or, their) free act and deed.' Before me. J.K. (Official title.) i. No deed shall be recorded un- recorded at length with the deed to less there is indorsed thereon, or which it relates; but this section shall annexed to it, a certificate of its ac- not apply to conveyances from the knowledgment, or proof of its due United States. (Pub. Stats, of Massa- execution, made as hereafter pro- chusetts, chap. 120, § 5.) vided, and such certificate shall be The acknowledgment of a deed Acknowledgment and Proof of Deeds. 61 shall be by the grantors, or one of them, or by the attorney executing the deed, and if made in this Com- monwealth (of Massachusetts) shall be made before a justice of the peace, or notary public; if in any other por- tion of the United States, before a jus- tice of the peace, notary public, mag- istrate or commissioner appointed for the purpose by the governor of the Commonwealth (of Massachu- setts); and if in a foreign country, before such a justice, notary, magis- trate or commissioner, or before a minister or consul of the United States, or a consular officer of the United States, accredited to such country; and the officer before whom an acknowledgment is made shall indorse a certificate of such acknowl- edgment upon the deed, or annex the same thereto. (Id., § 6.) The provisions of law concerning the acknowledgment and recording of deeds shall apply to letters of at- torney for the conveyance of real es- tate. (Id., § 14.) If a deed is recorded without any certificate of acknowledgment or proof, the recording will be a mere nullity. (Pidge v. Tyler, 4 Mass. 541, 547; Blood v. Blood, 23 Pick. 80.) A certificate of the appointment and authority of justices of the peace in other States, made by the secre- tary of State or clerk of a court of record, should be annexed to ac- knowledgments taken by them. By sections 7 to 13 of the statute above referred to, provisions are made for proof of deeds by a sub- scribing witness, if the grantor dies or leaves the State without acknowl- edging, or refuses to acknowledge his deed. Dower may be barred in an estate conveyed by the husband, or by operation of law, by the wife joining in the deed conveying the same and therein releasing her right of dower or by releasing the same by a subse- quent deed executed either sepa- rately or jointly with her husband. (Id., chap. 124, §6.) The same rule applies to a release of the wife's right of homestead. (Greenough v. Turner, 11 Gray, 332.) An acknowledgment by the wife is unnecessary, when she joins with her husband in the deed and the deed is acknowledged by the hus- band. (Catlin V. Ware, 9 Mass. 218.) Where a conveyance is made by the wife of her own property, the husband must join to release his ten- ancy by the curtesy. The wife's ac- knowledgment alone to such deed is sufficient. (Id. Stats., chap. 124, § I.) (Shaw V. Poor, 6 Pick. 86; Palmer v. Paine, 9 Gray, 56.) No. 52. Certificate of acknowledgment, by officer of corporation, of deed of real property situated in Massachusetts. ■ ■ (Pub. Stats, of Mass., chap. 120, § 6.) As in last-above form to (*), and from thence as follows: A. B. personally appeared and acknowledged the foregoing instrument to be the free act and deed of the (name of cor- poration) a corporation.'. , Before me. J. K. (Ofificial title.) I. See note i to last form. No. 51. 62 Forms of No. 53. Certificate of aoknowledgment of deed conveying property in Massachusetts, by attorney of grantor. (Pub. Stats, of Mass., chap. 120, § 6.) As in last-above form to (*), and from thence as follows: L. M., who signed and sealed the foregoing instrument as the attorney of the above-named A. B. (and C. D.), persoiv ally appeared and acknowledged the same to be the free act and deed of the said A. B. (and C. D.). Before me.* J. K. (Ofificial title. I. See note i to form No. 51, No. 54. Certificate of acknowledgment of conveyance of real property situated in the State of IVEichigan. (Stats, of Michigan, §§ 5658, 5732.) State of (Michigan), County of- ^ On this day of , in the year , before me, the subscriber, A. B., a (name of officer), in and for said county, personally appeared (names of parties), to me known to be the persons described in and who executed the within instrument, who acknowledged the same to be their free act and deed.' (Signature and official title.) (Or, State, etc., as above.) Before me, A. B., a (giving official title), this — — day of , i. , E. F. acknowl- edged the execution of the annexed deed ,(or, mortgage l^ (Signature, etc., as above.) I. Deeds exeputed within the State edge the execution thereof before of Michigan, of lands, or any interest any judge or commissioner of a Court in lands therein, must be executed of record, or before any notary pub- ih the presence of two witnesses, lie, justice of the peace, or master who must subscribe their names in chancery, within the State, and thereto as such, and the persons the officer taking such acknowledg- executing such deeds may acknowl- ment shall indorse thereon a certifi- Acknowledgment and Proof of Deeds. 63 cate of the acknowledgment thereof, and the true date of making the same, under his hand. (Howell's Ann. Stats, of Michigan, § 5658, chap. 216, tit. 22, § 8.) If any such deed shall be executed in any other State, Territory or dis- trict of the United States, such deed may be executed according to the laws of such State, Territory or dis- trict, and the execution thereof may be acknowledged before any judge of a court of record, notary public, justice of the peace, master in chan- cery, or other officer authorized by the laws of such State, Territory or ■district, to take the acknowledgment of deeds therein, or before any com- missioner appointed by the governor Oi ;he State of Michigan for such purpose. (Id., § 5659.) In the cases provided for in the ■ last preceding section, unless the acknowledgment be taken before a commissioner appointed by the gov- ernor of the State of Michigan for that purpose, such deed shall have attached thereto a certificate of the clerk or other proper certifying offi- cer of a court of record, of the county or district, or of the secretary of state of the State or Territory within which such acknowledgment was taken, under the seal of his office, that the person whose name is subscribed to the certificate of acknowledgment was at the date thereof such officer as he is therein represented to be, and that he, be- lieves the signature of such person to such certificate of acknowledg- ment to be genuine, and that the deed is executed and acknowledged according to the laws of such State, Territory or district. (Id., § 5660.) If such deed be executed in any foreign country, it may be executed according to the laws of such coun- try, and the execution thereof may be acknowledged before any notary public therein, or before any minis- ter, plenipotentiary, minister extra- ordinary, minister resident, charge des afTaires, commissioner or consul of the United States appointed to reside therein; which acknowledg- ment shall be certified thereon by the officer taking the same under his hand, and if taken before a notary public, his seal of office shall be affixed to such certificate. (Id., § 5661.) The acknowledgment by any mar- ried woman to a deed of conveyance or other instrument affecting real property, may be taken in the same manner as if she were so/e. (Id., § 5662 ) When any married woman, not re- siding in the State, shall join with her husband in any conveyance of real estate situated within the State, the conveyance shall have the same effect as if she were sole, and the acknowledgment or proof of the execution of such conveyance by her, may be the same as if she were sole. (Id., § 5663.) A seal may be made by a scroll (id., § 5699), but the deed would not be invalidated by the absence of a seal. (Id., §7778.) The acknowledgment of any mar- ried woman to a deed of conveyance or other instrument affecting real property may be taken in the same manner as if she were sole. (Id., § 5662.) 2. The following, or any other form substantially the same, Shall be a good and sufficient form of ac- knowledgment of any deed or mort- gage: Before me, E. F. (a judge, justice of the peace, commissioner or notary public, as the case may be), this ■ day of , I , A. B. acknowl- 64 Forms of edged the execution of the annexed conveyance and mortgage shall be deed (or, mortgage, as the case may witnessed by two persons, who shall be;: Provided, that the signing, seal- subscribe their names thereto. (Id., ing and delivering of every such § 5732.) No. 55- Certificate of acknowledgment, by natural person acting in his own right, of conveyance of real estate situated in Minnesota. (Gen. Stats, of Minnesota, § 41 21.) ss.. -, before me, personally State of (Minnesota), ) County of , ) On this day of - appeared A. B. (and C. D.), to me known to be the person (or, oersons) described in, and who executed the foregoing instrument, and acknowledged that he (or, they) executed the same as his (or, their) free'act and deed.' F. P. (Ofificial title.) I. Deeds of land, or any interest in lands within\^the State of Minnesota, shall be executed in the presence of two witnesses who shall subscribe their names to the same as such, and may be acknowledged by the person or persons executing the same before any of the following officers: First. If acknowledged within the State, any officer authorized by the laws of the State to take acknowl- edgments therein. (See below as to these officers.) Second. If acknowledged out of the State and within the United States, the chief justice and asso- ciate justices of the Supreme Court of the United States, judges of the District Court of the United States, the judges or justices of the Supreme, Superior, Circuit or other court of record of any State, Territory or dis- trict within the United States; the clerks of the several courts above mentioned, and notaries public, jus- tices of the peace, and commissioners appointed by the governor of the State of Minnesota for such purpose; but no acknowledgment taken by any such officer shall be valid unless taken within some place or territory for which he shall have been elected orap- pointed to such office, or to which the jurisdiction of the court to which he belongs shall extend. (Stats, of Min- nesota, 1891, § 4121.) Any officer taking the acknowledg- ment of a deed, as provided in the preceding section, shall indorse upon or append to such deed a cer- tificate of such acknowledgment, and shall date and sign such certificate. (Id., §4122.) In the cases provided for in the second subdivision of section 4121, above cited, unless the acknowledg- Acknowledgment a'nd Proof of Deeds. 65 ment is taken before a commissioner appointed by the governor of the State of Minnesota for that purpose, or before a notary public, or before a clerk of a court or some other officer having a seal of office, and the cer- tificate of acknowledgment upon such deed with the seal of office of such office affixed thereto, there shall also be attached or appended to or indorsed upon such deed a certificate of the clerk or other proper certify- ing officer of a court of record of the county within which such acknowl- edgment was taken, under the seal of his office that the person whose name is subscribed to the certificate of ac- knowledgment, was, at the date thereof, such officer as he is therein represented to be, that he is ac- quainted with the handwriting of such person, and that he verily believes the signature subscribed to the certificate of acknowledgment to be genuine: Provided, that the certificate of the secretary of any State or Territory, or his deputy under the seal of such State or Territory attached or appen- ded to or indorsed upon such deed to the effect that any justice of the peace before whom the acknowledg- ment purports to have been taken, held at the date of such acknowledg- ment his office by appointment of the governor of such State or Territory shall be a sufficient authentication. All acknowledgments heretofore taken and authenticated as herein provided shall be deemed valid and sufficiently authenticated. (Id., §4123.) If such deed is executed in any foreign country it may be executed, according to the laws of such country and acknowledged before any notary public therein, or before any minis- ter plenipotentiary, minister extraor- dinary, minister resident, charge 9 d'affaires, commissioner or consul of the United States appointed to re- side therein; which acknowledgment shall be certified thereon by the of- ficer taking the same, under his hand; and if taken before a notary public, his seal of office shall be af- fixed to such certificate; provided that any such deed duly signed and sealed, with two witnesses, and ac- knowledged as aforesaid, shall be deemed good and sufficient, whether in accordance with the laws of such foreign country or not; and provided, further, that any deed of land in the State of Minnesota, executed and ac- knowledged in any foreign country, which shall have indorsed thereon or attached thereto a certificate of any minister resident, charge d'af- faires or consul of the United States, appointed to reside therein, that such deed is executed and acknowl- edged according to the laws of such country, shall be entitled to record in the county in which such land is situated. (Id., §4124.) Within the State of Minnesota judges of the Supreme and District Courts and courts of probate, the clerks of said courts, notaries pub- lic, justices of the peace, registers of deeds, court commissioners and county auditors are authorized to take the acknowledgments of deeds and other instruments in writing within their several jurisdictions; and whenever any officer having or using a seal of office takes an ac- knowledgment, he shall affix his seal to the instrument so acknowledged. (Id., § 4285.) Township clerks (within that State) are authorized and empowered to take acknowledgments of chattel mortgages. (Id., § 4287.) Town clerks of the several towns, city clerks of all cities, and recorders 66 Forms of of all villages in the State of Minne- to satisfy all requirements of law re- sota, are authorized to administer all lating to the execution or recording oaths and take all acknowledgments of such instruments.' of instruments authorized or re- If the wife unites with her hus- quired by law. (Id., § 4881.) band in execution of the instrument, The above form and the three fol- she shall be described in the ac- lowing forms of acknowledgment are knowledgment as his wife, but in prescribed by section 4292 of the all other respects her acknowledg- statutes above referred to, to be used ment shall be taken and certified as in the case of conveyances or other if she were sole, and no separate ex- written instruments affecting real amination of a married woman to estate; and it is declared by that sec- the executionof any release of dower tion that any acknowledgment so or other instrument aifecting real es- taken and certified, shall be sufficient tate shall be required. (Id., § 4293.) No. 56. Same certificate of acknowledgment by natural person acting by attorney. (Gen. Stats, of Minnesota, §§4122, 4292.) State of (Minnesota), ) County of , ) On this day of , i , before me, personally ap- peared A. B., to me known to be the person who executed the foregoing instrument in behalf of C. D., and acknowl- edged that he executed the same as the free act and deed of said C. D.i F. P. (Ofificial title.) I. See note i to form No. 55. No. 57. Same certificate of acknowledgment, in the case of a corpora- tion or joint-stock association. (Gen. Stats, of Minnesota, §§ 4122, 4292.) State of (Minnesota), ) County of , I On this day of , i , before me, appeared A. B., to me personally known, who being by me duly sworn (or, afifirmed), did say that he is the president (or, name other Acknowledgment and Proof of Deeds. 67 officer or agent of the corporation or association) of (describ- ing the corporation or association), and that the seal afifixed to said instrument is the corporate seal of said corporation (or, association), and that said instrument was signed and sealed in behalf of said corporation (or, association), by authority of its board of directors (or, trustees), and said A. B. acknowledged said instrument to be the free act and deed of said corporation (or, association).^ F. P. (Official title.) I. See note to form No. 55. If add at the end of the affidavit clause said corporation or association has the words "and tlftit said corpora- no corporate seal omit the words tion (or, association) has no corporate "the seal affixed to said instrument seal." (Gen. Stats, of Minnesota, is the corporate seal of said corpora- § 4292.) tion (or, association), and that," and No. 58. Certificate of aeknowledgment of conveyance of real property situated in the State of Mississippi. (Rev. Code of Mississippi, 1880, § 12 17.) State of (Mississippi), County of - Personally appeared before me, A. B., a (state what office), the within-named C. D., who acknowledged that he signed and delivered the foregoing instrument of writing on the day and date, and for the uses and purposes therein men- tioned. Given under my hand, this day of , i } A. B. (Official title.) I. Every conveyance, contract or such acknowledgment or proof under agreement, necessary to be recorded, his seal of office, or any justice of the may be acknowledged or proved peace, or member of the county board (within the State of Mississippi) be- of supervisors, whether the lands con- fore any of the following officers, to- veyed lie within his county or not. wit: Any judge of the Supreme (Revised Code of Mississippi, 1880, Court, or any judge of the Circuit § 1217.) See note to form 829. Court, any chancellor, any clerk of The acknowledgment of a deed a court of record, who shall certify shall be in the form or to the effect fol- 68 Forms of lowing, to-wit: (here,foUows a form substantially lilce the foregoing, the words "and for the uses and pur- poses" not being contained in the statutory form). (Id., § 1218.) If the party who shall execute any conveyance for lands, tenements or hereditaments, lying and being in the State (of Mississippi), or if the wit- nesses thereto reside or be not in that State, but in some other State or Territory of the Union, then the ac- knowledgment or proof maybe made before and certified to by the chief justice of the United States, or an associate justice of the Supreme Court of the United States, or a dis- trict judge of the United States, or any judge or justice of the Supreme or Superior Court of any State or Territory of the Union, or any justice of the peace, whose official character shall be certified under the seal of some court of record in his county, or before any commissioner residing in such State or Territory, who may be appointed by the governor of the State of Mississippi to take acknowl- edgments and proofs of conveyances, or a notary public, or a clerk of a court of record having a seal of oflSce in said State or Territory, and shall be as good and eifectual as if such certificate of acknowledgment or proof had been made by a competent officer in the State of Mississippi. (Id., § 1219.) If such party or witnesses reside or be in a foreign kingdom, State, nation or colony, then the acknowl- edgment or proof of the execution of such conveyance may be made before any court of record, or the mayor or chief magistrate of any city, borough or corporation, of such foreign king- dom, State, nation or colony, in which the party or witnesses may be; or before any ambassador, foreign minister, secretary of legation, or consul of the United States, to the kingdom. State, nation or colony, in which the party may reside or be, and the certificate, in such cases, shall also be required to show the identity of the party, and that he ac- knowledged the execution of the in- strument, or that the execution was duly proved; or it made before an ambassador, minister, secretary or consul, then, as such acts are usually certified by such ambassador, minis- ter, secretary or consul, and shall be as good and eifectual as if made and certified by a competent officer of the State of Mississippi. (Id., g 1220,) If the grantor and witnesses of any instrument be dead or absent, so that his or her personal attendance cannot be had, it may be established by the oath of any person, who, on an ex- amination before an officer competent to take acknowledgments, can estab- lish the handwriting of the deceased or absent witnesses; or when such proof cannot be had, then the hand- writing of the grantor may be proved, and the officer before whom such proof is made shall certify accord- ingly, and such certificate shall be deemed equivalent to the acknowl- edgment by the grantor, or proof by subscribing witnesses, and entitle the instrument to be recorded. (Id., § 1221.) A married woman may convey land as if she were unmarried. (Id., § II93-) Acknowledgment and Proof of Deeds. 69 . Np. 59. Proof of execution of conveyance of real estate situated in State of Mississippi by subscribing witness. (Rev. Code of Mississippi, §1218.) As in last form to the end of description of ofifice, and from thence, as follows : The within C. D., one of the sub- scribing witnesses to the foregoing instrument, who, being first duly sworn, deposeth and saith that he saw th» within (or, above) named A. B., whose name is subscribed thereto, sign and deliver the same to the said C. D. [or, that he heard the said A. B. acknowledge that he signed and deliv- ered the same to the said C. D.], that he, this deponent, subscribed his name, as a witness thereto, in the presence of the said A. B. (and that he saw the other subscribing witness (or, witnesses, naming them) sign the same in the presence of the said A. B., and that khe witnesses signed in the pres- ence of each other, on the day and year therein named. Given under my hand, etc.)^ A. B. (Official title.) I. See note i to form No. 58. The etc., are omitted in the Code of words in parenthesis "and that," 1893. No. 60. Certificate of acknowledgment of conveyance of real property situated in State of Missouri, by natural persons acting in their own right. (Rev. Stats, of Missouri, 1889, § 2408.) State of (Missouri), County of , On this day of , i , before me personally ap- peared A. B. (or, A. B. and C. D.), to me known to be the person (or, persons) described in and who executed the fore- going instrument and acknowledged that he (or, they) exe- cuted the same as his (or, their) free act and deed.' E. F. (Ofificial title.) I, All deeds or other conveyances therein, shall be subscribed and of lands, or of any estate or interest sealed by the party granting the 70 Forms of same, or by his lawful agent, and shall be acknowledged or proved and certified in tlie manner herein prescribed. (Rev. Stats, of Missouri 1889, § 2401.) The proof or acknowledgment of every conveyance or instrument in writing affecting real estate in law or equity, including deeds of married women, shall be taken by some one of the following courts or officers: First. If acknowledged or proved within the State of Missouri, by some court having a seal, or some judge, or justice, or clerk thereof, notary public, or some justice of the peace of the county in which the real estate conveyed or affected is situated. Second. If acknowledged or proved without the State of Missouri and within the United States, by any no- tary public, or by any court of the United States, or of any State or Territory, having a seal, or the clerk of any such court, or any commis- sioner appointed by the governor of the State of Missouri to take the ac- knowledgment of deeds. Third. If acknowledged or proved without the United States, by any court of any State, kingdom, or em- pire, having a seal, or the mayor or chief officer of any city or town hav- ing an official seal, or by any minister or consular officer of the United States, or notary public having a seal. (Id., §2403.) Every court or officer taking the proof or acknowledgment of any conveyance or instrument of writing affecting real estate, or the relinquish- ment of the dower of a married woman, shall grant a certificate thereof, and cause the same to be in- dorsed upon such conveyance or in- strument of writing. (Id., § 2405.) Such certificate shall be : First, when granted by a court under the seal of the court; second, when granted by the clerk of the court, under the hand of the clerk and seal of the court of which he is clerk; third, when granted by an officer who has a seal of office, under the hand and official seal of such officer; fourth, when granted by an officer who has no seal of office, under the hand of such officer. (Id., § 2406.) No acknowledgment of any instru- ment in writing conveying real es- tate, or whereby real estate may be affected, shall be taken, unless the person offering to make such ac- knowledgment shall be previously known to at least one judge of the court, or to the officer taking the same, to be the person whose name is subscribed to such instrument as a party thereto, or shall be proved to be such by at least two credible wit- nesses. (Id., § 2407.) The certificate of acknowledgment shall state the act of acknowledg- ment, and that the person making the same was personally known to at least one judge of the court, or to the officer granting the certificate, to be the person whose name is sub- scribed to the instrument as a party thereto, or was proved to be such by at least two witnesses, whose names and places of residence shall be in- serted in the certificate, and the fol- lowing forms of acknowledgment may be used in the case of convey- ances or other written instruments affecting real estate; and any acknowl- edgment so taken and certified shall be sufficient to satisfy all require- ments of law, relating to the execu- tion or recording of such instruments. (Here follow forms of acknowledg- ment in substance as in forms Nos. 60, 61, 62.) (Id., § 2408.) Acknowledgment and Proof of Deeds. 71 No. 61. Certificate of acknowledgment of conveyance of real estate situated in State of Missouri, by natural persons acting by attorney. (Rev. Stats, of Missouri, 1889, § 2408.) State of (Missouri), [ County of , ) On this day of , i , before me, personally appeared A. B., to me known to be the person who executed the foregoing instrument in behalf of C. D., and acknowl- edged the same as the free act and deed of said C. D.* I, See note i to form No. 60. No. 62. Certificate of acknowledgment of conveyance of real estate situated in State of Missouri, by corporation or joint-stock association. (Rev. Stats, of Missouri, 1889, § 2408.) State of (Missouri), County of On this day of , i , before me, appeared A. B., to me personally known, who being by me duly sworn (or, affirmed), did say that he is the president (or, name other officer or agent of the corporation or association) of (describ- ing the association or corporation), and that the seal affixed to said instrument is the corporate seal of said corporation (or, association), and that said instrument was signed and sealed in behalf of said corporation (or," association), by authority of its board of directors (or, trustees), and said A. B. ac- knowledged said instrument to be the free act and deed of said corporation (or, association.)^ E. F. (Official title.) I. See note i to form No. 60. 72 Forms of No. 63. Certificate of acknowledgment of conveyance of real estate situated in Montana, by grantor known to ofllcer. (Stats, of Montana, Gen. Laws 1887, chap. 20, § 243.) State of (Montana), County of , On this day of ss.. I , personally appeared be- fore me, a notary public (judge, or other officer, as the case may be) in and for said county, A. B., perspnally known to me to be the person described in and who executed the fore- going instrument, and who acknowledged to me that he exe- cuted the same freely and voluntarily, and for the uses and purposes therein mentioned.* (Signature and title of ofificer.) I. Conveyance of land, or of any estate or interest therein, may be made by deed, signed by the person from whom the estate or interest is intended to pass, being of lawful age, or by his lawful agent or attor- ney duly acknowledged. (Compiled Stats, of Montana, 1887, Gen. Laws, chap. 20, § 235.) The proof or acknowledgment of every conveyance affecting real es- tate shall be taken by some one of the following officers: First. If acknowledged or proved within the (Territory) by some judge or clerk of a court having a seal, or by some notary public or some jus- tice of the peace, within the (Terri- tory), and the certificate of such ac- knowledgment or proof shall be un- der the hand of such judge or clerk, and the seal of such court, or under the hand of such justice of the peace; and if the property affected by such conveyance is not in the county for which the justice taking the ac- knowledgment is an officer, the offi- cial character of such justice shall be certified to under the hand and seal of the county clerk of the county within and for which such justice may be elected or acting. Second. If acknowledged or proved without the (Territory) and within the United States, by some judge or clerk of any court of the United States, or of any State or Ter- ritory having a seal, or by a notary public, or a justice of the peace, or by any commissioner appointed by the governor of the (Territory) of Mon- tana for that purpose, and the certifi- cate of sucli acknowledgment or proof shall be under the hand of such judge or clerk, and the seal of such court, or under the hand of such no- tary-public or comnrissioner and his official seal, or under the hand of such justice of- the peace; and in all cases the official character of such justice shall be certified to under the seal of the court, tribunal or officer within and for the county in which such justice of the peace Acknowledgment and Proof of Deeds. 73 may be acting, which has cogni- zance of the official character of such justice. (Id., § 238.) Third. The proof or acknowledg- ment of every power of attorney or conveyance affecting real estate within the (Territory) of Montana, made and executed without the juris- diction of the United States, shall be taken by one of the following officers, to-wit: A notary public or United States consul of any State, province, republic, kingdom or empire; and when so taken and acknowledged be- fore either of said officers and by them certified under their seal of office, shall be entitled to be re- corded in any county in which any real estate may be situated, affected by such power of attorney or con- veyance. Such certificate shall be substantially in the following form, viz.: (here follows the form above given). (Id., §239.) Every officer who shall take the proof or acknowledgment of any con- veyance affecting any real estate shall grant a certificate thereof, and cause the same to be indorsed or annexed to such conveyance. Such certificate shall be, when granted by any such judge or clerk, under the hand of such judge or clerk and the seal of the court; when granted by any offi- cer who has a seal of office, under the hand and official seal of such offi- cer. (Id., § 240.) Such certificate shall be substan- tially in the following form, to-witr (giving form as in next form, No. 64.) When the grantor is unknown to the judge or other officer taking the acknowledgment, the certificate may 10 be in the following form, to-wit: (giving form as in No. 65.) (Id., § 244-) Any officer authorized by this chap- ter to take the proof or acknowledg- ment of any c6nveyance, whereby any real estate is conveyed or may be affected, may take and certify the ac- knowledgment of any married woman to such conveyance of real estate. (Id., §255.) By section 248, id., it is provided that the certificate of proof of the execution of a deed by a subscribing witness shall set forth the following matters: First. That such subscribing wit- ness was known to the officer grant- ing the certificate to be the person whose name is subscribed to such conveyance as a witness thereto, or was proved to be such by oath or affirmation of a witness whose name shall be inserted in the certificate. Second. The proof given by such witness of the execution of such con- veyance, and of the fact that the per- son whose name is subscribed to such conveyance as a party thereto, is the person who executed the same, and that such witness subscribed his name to such conveyance as a wit- ness thereof. The judges of the Supreme Court, of the District Courts, and of the Probate Courts, shall have power in any part of the (Territory), and jus- tices of the peace within their respect- ive counties shall have power to take and certify the proof and acknowl- edgment of a conveyance of real property, or any instrument required to be proved or acknowledged. (Id., chap. 7, § 524.) 74 Forms of No. 64. Certificate of acknowledgment of conveyance of real property in Montana, by grantor unknown to ofQ.cer. (Compiled Stats, of Montana, Gen. Laws 1887, chap. 20,. § 239-) State of (Montana), ) ^^ . County of , ) On this day of ,. A. D., I , personally appeared. before me, a notary public (judge, or other ofificer), in and for said county, A. B., satisfactorily proved to me to be ^he person described in and who executed the within conveyance, by the oath of C. D., a competent and credible witness, for that purpose by me duly sworn, and he, the said A. B., ac- knowledged that he executed the same freely and voluntarily and for the uses and purposes therein mentioned.' (Signature and title of ofificer.) I. See note i to form No. 63, as to this certificate. No. 65. Certificate of proof, by subscribing witness, of execution of conveyance of real property situated in Montana. (Stats, of Montana, Gen. Laws 1887, chap. 20, § 248.) State of (Montana), ) County of , ) On this day of , A. D., i , personally ap- peared before me, a notary pubhc (or, consul of the United States, as the case may be), in and for , A. B., person- ally known to me (or, proved to me by the oath (or, affirma- tion) of C. D.) to be the person whose name is subscribed to the foregoing conveyance as a witness thereto, and who being by me duly sworn, did depose and say: That he was present and saw C. G., whom he knew to be the person described in and who executed said conveyance, execute the same, and that said C. G. acknowledged to him that he Acknowledgment and Proof of Deeds. 75 executed the same freely and voluntarily, and for the uses and purposes therein nientioned, and that he thereupon sub- scribed his name to such conveyance as a subscribing wit- ness thereto.^ (Signature and title of officer.) I. See section 248 of chap. 20 (Gen. Laws) of Statutes of Montana, 1887, referred to in note to form No. 63. No. 66. Certificate of acknowledgment, by husband and wife, of con- veyance of real estate situated in Nebraska. (Stats, of Nebraska, chap. 73, § i.) State of (Nebraska), ) County of , f On this day of , i , before me (name officer), a (here insert title), within and for said county, personally came Samuel Jones and Sarah Jones, his wife, personally known to me to be the identical persons whose names are affixed to the above instrument as grantors, and severally ac- knowledged the execution of the same to be their voluntary act and deed for the purpose therein expressed. In witness whereof, I have hereunto subscribed my name and affixed my official seal (if officer have seal) at in said county, the day and year last aforesaid.' [SEAL.J (Signature and title.) I. Deeds of real estate or any in- ^The grantor must acjjnowledge the terestthereinin the State of Nebraska, instrument to be his voluntary act except leases for one year or for a and deed. (Id., § 2.) less time, if executed in that State, The acknowledgment must be must be signed by the grantor or made or proved if in that State, be- grantors, being of lawful age, in the fore any judge or clerk of any court, presence of at least one competent or some justice of the peace or notary witness, who shall subscribe his or public therein; but no officer can her name as a witness thereto, and take any such acknowledgment or be acknowledged or proved and re- proof out of his territorial jurisdic- corded as directed by this chapter, tion. (Id., § 3.) (Compiled Stats, of Nebraska, chap. If executed and acknowledged or 73, § I.) proved in any other State, Territory 76 Forms of or district of the United States, it must be executed and acknowledged or proved, eitiier according to the laws of such State, Territory, or dis- trict, or in accordance with the laws of the State of Nebraska, and such acknowledgment shall be made be- fore and certified by any ofBcer authorized by the laws of such State, Territory, or district, to take and certify acknowledgments, or by a commissioner of deeds appointed by the governor of the State of Ne- braska for that purpose. (Id., § 4.) In all cases provided for in section 4 of this chapter (if such acknowledg- ment or proof is taken before a com- missioner appointed by the governor of the State of Nebraska for that pur- pose, notary public, or other ofiBcer using an official seal), the instrument thus acknowledged or proved shall be entitled to be recorded without further authentication : Provided, that, in all other cases, the deed or other instrument shall have attached thereto a certificate of the clerk of a court of record, or other proper cer- tifying officer of the county, district or State within which the acknowl- edgment or proof was taken, under the seal of his office, showing the person whose name is subscribed to the certificate of acknowledgment was, at the date thereof, such officer as he is therein represented to be; that he is well acquainted with the handwriting of such officer; that he believes the said signature of such officei: to be genuine, and that the deed or other instrument is executed and acknowledged according to the laws of such State, district or Terri- tory. (Id., §5.) If such deed be executed in a foreign country; it may be executed according to the laws of such coun- try, and the execution thereof may be acknowledged before any notary public therein, or before any minister plenipotentiary, minister extraordi- nary, minister resident, charge d'affaires, commissioner, commercial agent, or consul of the United States, appointed to reside therein, which ac- knowledgment shall be certified thereon by the officer taking the same, under his hand, and if taken before a notary public, his seal of office shall be affixed to his certificate. (Id., § 6.) All county clerks and their depu- ties within the State of Nebraska, shall have authority to, administer oaths and affirmations in all cases where oaths or affirmations are re- quired, and to take acknowledgments of deeds, mortgages, and all other instruments in writing, and shall at- test the same with the county seal. (Id., chap. 18, ggoA.) Deputy clerks of the District and County Courts in the State of Ne- braska are hereby authorized to take acknowledgments of deeds and other instruments in writing in the names of the principals, and the same shall be as legal and valid as if taken by their principals. (Id., chap 24, § 7.) The secretary of state of that State shall have power to take acknowl- edgments or proof of the execution of deeds, mortgages, powers of attorney, and other instruments in writing to be used or recorded in that State. (Id., chap. 83, art. 2, § 7.) Registers of deeds are authorized by section 77, chapter 18, id., to take acknowledgments of deeds. Acknowledgment and Proof of Deeds. ri ss.: No. 67. Certiftcate of acknowledgment of conveyance of real property- situated in Nevada, by grantor known to ofllcer. (Gen. Stats, of Nevada, § 2577.) State of (Nevada), County of , (Or, state any other place where acknowledged.) On this day of , A. D., i , personally ap- peared before me, a notary public (or, judge or officer, as the case may be), in and for said county (*), A. B., known to me to be the person described in, and who executed the foregoing instrument, who acknowledged to me that he executed the same freely and voluntarily, and for the uses and purposes therein mentioned. In witness whereof, etc.^ [seal.] I. Every conveyance in writing, whereby any real estate is conveyed, or may be affected, shall be acknowl- edged or proved and certified in the manner hereinafter provided. (Gen. Stats, of Nevada, § 2569.) The proof or acknowledgment of every conveyance affecting any real estate shall be taken b)' some one of the following officers: First. If acknowledged or proved within the State of Nevada, by some judge or clerk of a court having a seal, or some notarj' public or justice of the peace; provided, when the ac- knowledgment is taken before a jus- tice of the peace, in any other county than that in which the real estate is situated, the same shall be accom- panied with the certificate of the clerk of the District Court of such county, as to the official character of the justice taking the proof or ac- knowledgment, and the authenticity of his signature. Second. If acknowledged or proved without the said State, but within the (Signature and title.) United States, by some judge or clerk of any court of the United States, or of any State or Territory having a seal, or by any commis- sioner appointed by the government of the said State for that purpose, or by a justice of the peace of any county in any State or Territory, ac- companied with the certificate of the clerk of a court of record of the county having a seal, as to the official character of the justice, and the au- thenticity of his signature. Third. If acknowledged or proved without the United States, by some judge or clerk of any court of any State, kingdom or empire having a seal, or by any notary public therein, or by any minister, commissioner or consul of the United States, appointed to reside therein. (Id., § 2572.) The officer taking the proof or ac- knowledgment of any conveyance affecting any real estate shall grant a certificate thereof, and cause such certificate to be indorsed or annexed to such conveyance; such certificate 78 Forms of shall be: First. When granted by are empowered to take and certify the any judge or clerk, under the hand acknowledgment and proof of all of such judge or clerk, and the seal conveyances affecting any real estate, of the court. Second. When granted or of any other written instrument, by an officer who has a seal of office, (Id., § 2191.) under the hand and official seal of The certificate of such acknowl- such officer. (Id., § 2574.) edgment shall state the fact of ac- Such certificate shall be substan- knowledgment, and that the person tially in the following form, to-wit: making the same was personally (here is given certificate, as in form known to the officer granting the cer- No. 67). (Id., § 2577.) tificate to be the person whose name When the grantor is unknown to is subscribed to the conveyance as a the court or officer the certificate shall party thereto, or was proved to be be as follows: (here is given cer- such by the oath or affirmation of a tificate as in form No. 68.) (Id., credible witness, whose name shall be §2578.) inserted in the certificate. (Id., The county recorder of the several § 2576.) See, also, Johnson v. Bad- counties within the State of Nevada ger M. & M. Co. (13 Nev. 351). No. 68. Certificate of acknowledgment of conveyance of real property situated in Nevada, by grantor unknown to officer. (Gen. Stats, of Nevada, § 2578.) As in form No. 6"], to (*), and from thence as follows: satisfactorily proved to me to be the person described in, and who executed the within conveyance, by the oath of C. D., a competent and credible witness, for that purpose by me duly sworn, and he, the said A. B., acknowledged that he executed the same freely and voluntarily, for the uses and purposes therein mentioned. In witness whereof, etc.^ E. F. [SEAL] (Official title.) I. See note to form No. 67. No. 69. Certificate of acknowledgment, by husband and wife, of con- veyance of real property situated in Nevada. (Gen. Stats, of Nevada, § 2591.) State of (Nevada), ) County of , j ^" On this-- — day of , A. D., i , before me, John Doe, a notary public in and for said county and State, per- Acknowledgment and Proof of Deeds. 79 sonally appeared A. B., (*) and C. B., his wife, whose names are subscribed to the annexed instrument, as parties thereto, per- sonally known to me to be the individuals described therein, and who executed the same, and they, and each of them, ac- knowledged to me that they executed the said instrument each, respectively, freely and voluntarily, and for the uses and purposes therein mentioned. And I further certify that the said C. B., wife of the said A. B., is personally known to me (or, proved to me by A. M., a credible witness) to be the person whose name is subscribed to said conveyance as a party thereto, and that she was by me made acquainted with the contents thereof, and thereupon acknowledged to me, on an examination apart from and without the hearing of her husband, that she executed the same freely and vol- untarily, without fear or compulsion or undue influence of her said husband, and that she does not wish to retract the execution of the same. In witness whereof, etc.* [SEAL] E. F. (Official title.) 1. See section 2591 of General Statutes of Nevada, as to this certificate. Also, see note i to form No. 67. No. 70. Certificate of acknowledgment of conveyance of real estate situated in Ifew Hampshire. , (Gen. Laws of New Hampshire, tit. 16, chap. 135, § 3.) State of (New Hampshire), , ss.: ■ County of — — Day -; , month , year . Personally appeared the above-named A. B., and acknowl- edged the foregoing instrument by him signed, to be his free act and deed. Before me.' (Signature and title.) I. Every deed or other convey- nesses, acknowledged by the grantor ance of real estate must be signed before a justice, notary public or and sealed by the party granting the cotjimissioner, or before a minister same, attested by two or more wit- or consul of the United States in 8o Forms of a foreign country, and recorded at the grantor, but in other respects length in the registry of deeds in duly executed, maybe recorded, and the county where such lands lie. for sixty days after such recording (Gen. Laws of New Hampshire, shall be as effectual as if duly ac- 1878, p. 323, § 3, tit. 16, chap. 135.) knowledged. (Id., § 7.) Every power of attorney to convey If an acknowledgment is taken by real estate must be signed, sealed, a justice out of the State, a certifi- attested and acknowledged, and may cate of a clerk of a court of record be recorded as required for a deed, should be attached to the deed, to and a copy of the record may be used the effect that he is a justice, in evidence, whenever a copy of the No separate acknowledgment is deed so made is admissible. (Id., required to be made by a wife of her p. 324, § 6.) execution of a deed. Any deed not acknowledged by No. 71. Certiflcate of acknowledgment of conveyance of real estate situated in New Jersey, by person not known to the o£Q.cer. (Rev. Stats, of New Jersey, 1877, pp. 152, etc.) State of (New Jersey), , ss.: County of - I, A. B., a (commissioner for the State of New Jersey, re- siding in the county of , in the State of , or, give other description of officer), do certify that on the day of , in the year one thousand hundred and , in the county of , aforesaid, personally appeared before me, C. D., and acknowledged to me that he had signed, sealed and delivered the foregoing (or, within) deed (or, in- strument) as his voluntary act and deed, and at the same time, also appeared before me, E. F., who, being by me duly sworn, did depose and say that he resided in the town (or, city) of , in the county of , and State of ■, and that he was acquainted with said C. D., the person then present, and so making the said acknowledgment, and knew him to be the individual described in, and who executed the said deed (or, instrument), which is to me satisfactory evidence of these facts, sajd.E. F. being to me known. Acknowledgment and Proof of Deeds. 8i In witness whereof, I have hereunto set my hand and official seal, at , in the county and State aforesaid, on the day of , one thousand — — hundred and } [SEAL.J A. B., (Commissioner for the State of New Jersey.) I. Conveyances of real property situated in New Jersey must be ac- knowledged by the person executing the same, or proved by a subscribing witpess. The person making the ac- knowledgment must be personally known to the officer, or his identity proved by a witness known to the officer, or if proved by a subscribing witness, the latter must be personally known to the officer, or his identity proved by a witness whose name and place of residence must be stated in the certificate. (Revision of N. J. Stats., 1877, pp. 152, etc.) If taken within the State, the ac- knowledgment or proof must be made before the chancellor of- the State, a commissioner of deeds, a justice of the Supreme Court of the State, a master in chancery, or a judge of the Court of Common Pleas of the State. (Id.) If taken out of the State, it may be taken by the chief justice of the United Stntes, or an associate justice of the Supreme Court of the United States, or a circuit or district judge of the same, or any judge or justice of the Supreme or Superior Court, or the chancellor of any State in the Union, or Territory thereof, or in the District of Columbia, or before any foreign commissioner of deeds for New Jersey, or master in chancery of that State, or before any mayor or other chief magistrate of any city in such State, district, or Territory, duly certified under the seal of such city, or before a judge of any Court of Common Pleas of the State, district or Territory where taken, provided that II when the said acknowledgment or proof is made before a judge of a Court of Common Pleas in such State, district, or Territory, a certifi- cate under the great seal of the State, or under the seal of the County Court in which it is made, that he is such officer shall be deemed suffi- cient evidence of his authority for that purpose, and be annexed to and recorded with such deed, acknowl- edgment, or proof. (Id., p. 154.) Acknowledgments or proofs of grantors residing or being out of the State, in another State or Territory of the United States, at the time of such acknowledgment or proof may be taken by any officer of said State or Territory Authorized at the time of such acknowledgment or proof, by the laws of the State or Territory where such acknowledgment or proof may be taken, to take acknowl- edgments of deeds of land or real estate in and for such State or Terri- tory, if the certificate thereof shall in all other respects conform to the laws of the State of New Jersey, and each certificate thereof shall be accompanied by a certificate under the great seal of the State or Terri- tory, or under the seal of some court of record of the county in which it shall be made, that the officer before whom such acknowledgment or proof was made was at the time authorized by the laws of such State or Territory to take acknowledg- ments and proofs of deeds or con- veyances for land or real estate in such State or Territory, which said last-named certificate shall be re- 82 Forms of corded with such deed or convey- ance. (Sup. to id., p. 131.) By chapter 133 of Laws of New Jersey of 1885, the clerk of the Court of Common Pleas in every county of that State is authorized to take ac- knowledgments and proofs of deeds, being required to affix to his signa- ture the words " county clerk." If the party who shall execute any deed or conveyance of lands, tene- ments or hereditaments lying and being in the State of New Jersey, or the witnesses thereto, whether such party or witnesses reside in that State or not, happen to be in a for- eign kingdom, State, nation or colony, then the said acknowledgment or proof made before any public minister, consul, vice-consul, charge d'affaires, or other representatives of the United States for the time being at any foreign court or government, or before any court of law, or any notary public, or mayor, or other chief magistrate of any city, borough or corporation of the said foreign kingdom, State, nation, or colony in which the same party or witness happen to be, certified by said oflBcers in the manner such acts are usually authenticated by them, shall be as good and effectual as if It had been made in the State of New Jersey be- fore and certified by one of the jus- tices of the Supreme Court of that State. (Id., p. 154, as amended by chap. 240 of Laws of 1888.) The surrogate in each county is aiTthorized during his continuance in oflSce to take proofs and acknowl- edgments of deeds, and is to affix to his signature to the certificate the word " surrogate.'' (Id.) By chapter 120 of Laws of New Jersey of 1889, the registers of deeds may take acknowledgments and proofs of deeds in that State. No. 72. Certificate of acknowledgment of conveyance of real estate situated in New Jersey, by husband and wife known to tlie officer. (Rev. Stats, of New Jersey, 1877, pp. 152, etc.) ss.: State of (New Jersey), County of , I, A. B., a (commissionej: for the State of New Jersey, residing in the town (or, city) of , in the county of , State of , or, otherwise describe officer), do certify that on the day of , in the year one thousand hun- dred and , at the town (or, city) of , in the county of , aforesaid, before me personally appeared C. F., and M. F., his wife, both known to me to be the individuals described in, and who have executed the foregoing (or, within) deed (or, instrument) and the contents thereof being by me first made known to them, they severally acknowledged to Acknowledgment and Proof of Deeds. 83 me that they had signed, sealed and delivered the said deed as their voluntary act and deed, and said M. F., on a private examination by me, separate and apart from the said hus- band, further acknowledged to me that she signed, sealed and delivered the said deed (or, instrument) freely and with- out any fear, threats, or compulsion from her said husband. In witness whereof, I have hereunto set my hand and ofhcial seal, in the county and State aforesaid, this day of , one thousand hundred and } A. B., (Commissioner for the State of New Jersey.) I. See note i to form No. 71. No. 73. Certificate of proof of execution of conveyance of real estate situated in N"ew Jersey, by subscribing witness known to the oflleer. (Rev. Stats, of New Jersey, 1877, pp. 152, etc.) State of (New Jersey), , ss.: County of - I, A. B., a (commissioner for the State of New Jersey, residing in the county of , State of , or, otherwise describe officer), do certify that on the day of , in the year one thousand hundred and , at , in the county of , aforesaid, before me personally appeared A. E., with whom I am personally acquainted, and whom I know to be the subscribing witness to the execution of the foregoing (or, within) deed (or, instrument), and who, being duly sworn by me, did depose and say, that he resided in the (city) of , in the county of , in the State of ; that he knew C. D., the person described in and who executed the foregoing (or, within) deed (or, instrument) ; that he saw the said C. D. sign, seal and deliver the same as' his volun- tary act and deed, and that the said C. D. acknowledged to him (the deponent) that he executed the same, and that he, the said A. E., thereupon became the subscribing wit- ness to the execution of the said deed (or, instrument), which 84 Forms of is to me satisfactory evidence of the due execution of said deed (or, instrument). In witness whereof, I have hereunto set my hand and ofifi- cial seal, at , in the county and State aforesaid, this day of , one thousand • hundred and } [SEAL.J A. B., (Commissioner for the State of New Jersey.) I. See note i to form No. 71. No. 74. Certificate of proof of execution of deed of real property situated in New Jersey, by a corporation. (Rev. Stats, of New Jersey, 1877, pp. 152, etc.) State of (New Jersey), ) . County of ■ , ) I, A. B., a (commissioner for the State of New Jersey, re- siding in the county of , and State of , or, otherwise describe officer), do certify that on the day of , in the year one thousand hundred and at , in the county of aforesaid, personally appeared C. D., with whom I am personally acquainted, and whom I know to be the subscribing witness to the execution of the foregoing (or, within) deed (or, instrument), and who, being duly sworn by me, did depose and say that he subscribed his name to the foregoing (or, within) deed (or, instrument) as a subscribing witness, on the day the same bears date, and being well acquainted with the common seal of the said (naming cor- poration), knows that the same was and is thereto set, and , that the said company did then and there sign and deliver the said deed (or, instrument) as their voluntary act and deed. In witness whereof, I have hereunto set my hand and offi- cial seal, at , in the county and State aforesaid, this day of , one thousand hundred and ' [SEAL.] A. B., (Commissioner for the State of New Jersey.) I. See note i to form No. 71. Acknowledgment and Proof of Deeds. 8S No. 75. Certificate of acknowledgment of conveyance of real prop- erty in New Mexico, by natural persons acting in their OAvn right. (Laws of New Mexico, of 1889, chap. 46, § I.) ss.: Territory of (New Mexico), County of , On this day of , A. D., one thousand eight hun- dred and , before me personally appeared A. B. (*) (or, A. B., and C. D., his wife), to me known to be the person or persons described in and who executed the fore- going instrument, and acknowledged that he (or, they) executed the same as his (or, their) free act and deed.^ E. F. (Ofificial title.) 1. The following are the provis- ions of chapter 46 of Laws of New Mexico, of i88g, viz.: SECxroN I. That the following forms of acknowledgment may be used in the case of conveyances or other written instruments affecting real es- tate, and any acknowledgment so taken and certified shall be sufficient to satisfy all requirements of law re- lating to the execution or recording of such instruments: First. In case of natural persons acting in their own right: Territory of (New Mexico), ) County of , ) On this day of , i , before me personally appeared A. B. (*) (or, A. B. and C. D.), to me known to be the person (or, persons) described in and who executed the foregoing instrument, and acknowl- edged that he (or, they) executed the same as his (or, their) free act and deed. Second. In the case of natural per- sons acting by attorney: As above to (*), and from thence as follows: to me known to be the person who exe- cuted the foregoing instrument in be- half of C. D., and acknowledged that he executed the same as the free act and deed of said C. D. Third. In case of corporations or joint-stock associations: As above to(*), and from thence as follows: to me personally known, who, being by meduly sworn (or, affirmed), did say that he is the president (or, other of- ficer or agent of the corporation or association) of (describing the cor- poration or association), and that the seal affixed to said instrument is the corporate seal of said corporation (or, association), and that said in- strument was signed and sealed in behalf of said corporation (or, asso- ciation) by authority of its board of directors (or, trustees), and said A. B. acknowledged said instrument to be the free act and deed of said cor- poration (or, association). (In case the said corporation or as- sociation has no corporate seal, omit 86 Forms of the words " the seal affixed to said in- acknowledgment shall be taken and strument is the corporate seal of such certified as if she was sole; and no corporation (or, association), and separate examination of a married that," and add at the end of the affi- woman in respect to the execution of davit clause the words " and that said any release of dower or other instru- corporation (or, association) has no ment affecting real estate shall be re- corporate seal.") quired. (In all cases add signature and § 3- A married woman may exe- title of the officer taking the acknowl- cute and acknowledge any deed or edgment.) . conveyance by attorney duly ap- §2. When a married woman unites pointed by her in writing, signed by with her husband in the execution of herself and her husband; such attor- any such instrument and acknowl- ney using the form or the substance edges the same in one of the forms of the form prescribed by subdivision mentioned, she shall be described as 2 of section i above cited. (Laws of his wife, but in all other respects her New Mexico, of 1889, chap. 46.) No. 76. Certificate of acknowledgment of conveyance of real property- situated in New Mexico, in the case of natural persons act- ing by attorney. (Laws of 1889 of New Mexico, chap. 46, §1.) Territory of (New Mexico), County of - As in form No. , to (*) and from thence as follows: to me known to be the person who executed the foregoing instrument in behalf of C. D., and acknowledged that he exe- cuted the same as the free act and deed of said C. D.' E. F. (Ofificial title.) I. See note i to form No. 75. No. 77. Certificate of acknowledgment of conveyance of real property situated in Ifew Mexico, in ease of corporations or joint- stock associations. (Laws of New Mexico of 1889, chap. 46, § i.) As in form No. 75, to (*) and from thence as follows: to me personally known, who, being by me duly sworn (or, affirmed) did say, that he is president (or, other- officer or Acknowledgment and Proof of Deeds. 87 agent of the corporation or association) of (describe the cor- poration), and that the seal afifixed to said instrument is the corporate seal of said corporation (or, association), and that said instrument was signed and sealed in behalf of said corporation (or, association) by authority of its board of di- rectors (or, trustees), and said A. B. acknowledged said in- strument to be the free act and deed of said corporation (or, association).' E. F. (Official title). 1. See note i to form No. 75. No. 78. Certificate of acknowledgment of conveyance of real property situated in North Carolina, by grantors. (Code of North Carolina, § 1246, subd. 7.) State of (North Carolina), county. I, A. B. (here give the name of ofificer as the case may be), do hereby certify that C. D. (here give the name of . grantor, and if acknowledged by wife, her name, and add " his wife ") personally appeared before me this day and ac- knowledged the due execution of the foregoing (or, annexed) deed of conveyance (or, other instrument), and (if the wife is a signer) the said (here give wife's name) being by me priv- ily examined, separate and apart from her said husband, touching her voluntary execution of the same, doth state that she signed the same, freely and voluntarily, without fear or compulsion of her said husband, or any other person, and that she doth still voluntarily assent thereto. Witness my hand and seal (private or official, as the case may be), this (day of month), A. D. (year).^ [SEAL.] (Signature of officer.) I. For the purposes of this chapter, above form of acknowledgment. No. (viz.: Chap. 27 of the Code of North 78.) (Code of North Carolina, § 1246, Carolina), the certificate of probate subd. 7.) or acknowledgment shall be substan- And when such proof or acknowl- tially as follows : (here is given the edgraent has been had or taken by a 88 Forms of justice of the peace, the clerk of the court of record shall use substan- tially the following form of certificate: State of ( ), ) — '■ — county, ) The foregoing (or, annexed) cer- tificate of A. B., a justice of the peace of county, is adjudged to be correct. Let the deed (or, other instrument) with the certificate be registered. (Signature of the clerk.) [seal of the court.J If the acknowledgment or proof of privy examination be taken out of the county where the land is situate or the instrument is required to be registered, or beyond the limits of the State, then in addition to the first certificate before mentioned, the clerk of the Superior Court of the county, or the clerk of the court of record in the county and State in which the person taking the exam- ination, acknowledgment or proof resides, shall certify substantially as follows: State of ( ), (^ county. ) I hereby certify that A. B. (insert the name of officer taking the proofs, etc.) was at the time of signing the foregoing certificate a (justice of the peace) in and for the county of , in the State of , and that his sig- nature thereto is in his own proper handwriting. In witness whereof, I hereunto set my hand and seal of office, this day of , I . (Signature of clerk.) [seal of office.] (Id., subd. 8.) All deeds conveying lands, letters of attorney or other instruments re- quiring registration, must 'be ofTered for probate, or a certified copy thereof must be exhibited before the clerk of the Superior Court of any county in the manner following: First. When the grantor or maker, or subscribing witness resides in the county wherein the land lies, the deed, letter of attorney or other in- strument requiring registration, must be acknowledged by such grantor or maker, or proved by the oath of such subscribing witness, before the clerk of the Superior or of the inferior court, or before a notary public or justice of the peace of such county, or of any other county of this State, whether said grantor, maker or sub- scribing witness resides therein or' not, who shall enter his certificate thereon; and such deed, letter of at- torney or other instrument with the certificate thereon, on exhibition to the clerk of the Superior Court of said county, shall, if in due form, be admitted by him to probate, and ordered to be registered with the cer- tificates thereto attached. Second. When the grantor, maker or subscribing witness resides in the State, but out of the county wherein the land lies, such acknowledgment or proof, must be made before a judge of the Supreme Court or of the Superior Court, or the inferior court, or a notary public or justice of the peace of the county wherein the grantor, etc., resides; and if such ac- knowledgment or proof shall be had before a justice of the peace, the clerk of the Superior Court of the county of such justice shall certify upon such deed, etc., the fact of such acknowledgment or proof, and the further fact that such justice was, at the time of taking the same, an acting justice of said county. And the clerk of the Superior Court of the county wherein the land lies, upon the exhibition to him of such deed, etc., together with said certifi- Acknowledgment and Proof of Deeds. 89 cates, or with the certificate of a judge of the Supreme or of the Su- perior Court or notary, shall adjudge the said deed, etc., to be duly ac- knowledged or proved in the same manner as if taken or made before him, and order the same, with his certificate and the other certificates attached, to be registered. Third. Where the grantor resides out of the State, the deed, etc., may be acknowledged or proved by the grantor, etc., before a judge of a court of record, notary public having notarial seal, mayor of a city having a seal, or justice of the peace of the State in which such grantor, etc., re- sides. If such acknowledgment or proof of the deed, etc., be had before a justice of the peace of another State, then the clerk of the court of record of the county in which said justice resides shall certify, under the seal of his court, that said justice was, at the time of taking such ac- knowledgment or proof, an acting justice of the peace of said county and State, and that the signature of said justice was in his own proper handwriting. Fourth. Where the grantor, etc., re- sides beyond the limits of the United States, the deed, etc., must be ac- knowledged or proved, by such grantor, etc., before the chief magis- trate of any city in the county where the grantor or witness is resident, or before any ambassador, minister, con- sul or commercial agent of the United States. (Id., g 1246, subd. 1-4.) No. 79. Certificate of proof of conveyance of real estate situated in North Carolina, by subscribing witness. (Code of North Carolina, § 1246.) State of (North Carolina), County of , Be it remembered, that on this day of , A. D., I , personally appeared before me, A. B., the sub- scribing witness to the foregoing deed, to me personally known, who on oath duly proves the execution thereof by C. D., for the purposes therein expressed. In witness whereof, I have hereunto set my hand and affixed my official seal, the day and year above mentioned. [SEAL.] j_ See note i to form No. 78. (Signature.) No. 80. Certificate of acknowledgment, by individual, of conveyance of lands situated in North Dakota. (Civ. Code Dakota Ter., Comp. Laws, §§ 3277, '8, '9.) Same as in form No. 21.' I. Acknowledgments and proof of in the State of North Dakota, mav be deeds, etc., to be used and recorded taken within the State before a jus- 12 9° Forms of tice, judge, or clerk of any court of record, notary public, mayor of a city, register of deeds, justice of the peace, a United States Circuit or District Court commissioner, a county clerk or a county auditor within their sev- eral jurisdictions. (Civil Code Da- kota Ter., Comp. Laws, §§3277,3278.) Out of the State and within the United States, before either a justice, judge or clerk of any court of record of the United States, or of any State or Territory, notary public, commis- sioner for North Dakota, appointed by the governor of that State, or any other officer of the State or Territory where the acknowledgment is made, authorized by law to take such proof or acknowledgment. (Id.,§ 3279.) In foreign countries, before a min- ister, commissioner, charge d'affaires of the United States, resident and accredited in the country where the acknowledgment or proof is made; consul, vice-consul or consular agent of the United States, resident in the country where the acknowledgment is made; judge of a court of record of the country where the acknowl- edgment is made; a notary public of such country; an officer authorized by the laws of such country, or a duly appointed deputy of such offi- cer, in the name of his principal. (Id., § 3280.) If, the certificate of acknowledg- ment is made by a justice of the peace, if to beused in any other county than where he holds his office, it must be accompanied by a certificate un- der the hand and seal of the clerk of the District Court, or of any other court of record, where such justice resides, showing that, at the time of taking such acknowledgment, such justice was authorized to take the same, and that the clerk is acquainted with the signature of the justice, and believes the signature to be genuine, (Id., § 3288, subd. 5.) By the enabling act of said State, approved February 22, 1889, section 24, all laws in force made by said Territory, at the time of its admis- sion to the Union, shall be in force in said State of North Dakota, ex- cept as modified or changed by that act or by the Constitution of the State. See, also, notes to forms Nos. 21-25. No. 81. Same eertifloate of acknowledgment by attorney in fact of grantor. (Civ. Code Dakota Ten, Comp. Laws, §§ 3277, etc.) Same as in form No. 22. No. 82. Same certificate of acknowledgment by officer of corporation. (Civ. Code Dakota Ten, Comp. Laws, §§ 3277, etc.) Same as in form No. 23. Acknowledgment and Proof of Deeds. 91 No. 83. Certificate of proof, by subscribing witness, to conveyance of lands situated in North Dakota. (Civ. Code Dakota Ten, Comp. Laws, §§ 3277, etc.) Same as in form No. 24. No. 84. Certificate of proof, by party, to convgyance of land situated in North Dakota. (Civ. Code Dakota Ten, Comp. Laws, §§ 3277, etc.) Same as in form No. 25. No. 85. Petition for appointment of commissioner by New York Su- preme Court to take acknowledgment in foreign country. (New York Rev. Stats., part 2, chap. 3, § 8.) To the Supreme Court of the State of New York : The petition of L. M., of the (city) of , respectfully shows (upon information and belief): That D. M., late of said city, now resides at (Peking, in the Empire of China); that there is no consul of the United States residing at said (Peking), nor any officer before "whom deeds or conveyances and other instruments may be proved under the statutes of this State ; that it is desirable that said D. M. should execute and acknowledge (a power of attorney to some person in this State to mortgage her property and to execute her personal bonds, and for other purposes.) Your petitioner, therefore, prays that a commission may issue to some reputable person, to-wit, C. D., or some other person residing at Peking aforesaid, under the seal of the Supreme Court of this State, authorizing him to take and certify in due form the acknowledgment of said D. M., of -, } ''■■ 92 Forms of the execution of said (power of attorney) by (her) pursuant to the statute of this State in such case made and provided. And your petitioner will ever pray, etc' Dated (Albany) , i L. M. State of New York, {Citf and) County of — L. M., of said city, being duly sworn, says, that the fore- going petition by him subscribed is true to his own knowl- edge, except as to the jnatters therein stated to be alleged on information and belief, and that as to those matters, he believes it to be true. ■, -^ Sworn Cor, affirmed) to before me, this day of , ^ M. N. (Official title.) I. Every such conveyance, hereto- were taken before a justice of the Su- fore made, or hereafter to be made, pretne Court of this State, (i R. may be acknowledged or proved, 3. 757, S 8; 7th ed. 2217). without the United States, before See, as to proof and acknowledg- any person specially authorized for ment of conveyances in New York that particular purpose, by a commis- State, note i to form No. 8g. sion under the seal of the Court of The Supreme Court has now gen- Chancery of this State, to be issued eral jurisdiction in law and equity, to any reputable person, residing in, and has succeeded to the powers Con- or going to, the country where such ferred upon the Court of Chancery by proof or acknowledgment is to be the above provisions. (Const. N.Y., taken; and the acknowledgment or art. 6, § 6; R. S., 7th ed., 95; Reid proof so taken shall be of the like v. AUerton, 3 Robt. 551, 559; De- force and validity, as if the same raismes v. Dunham, 22 Hun, 86.) No. 86. Order of Supreme Court directing commission to issue for taking and certifying acknowledgment in foreign country. (N. Y. R. S., part 2, chap. 3, § 8.) At a Special Term of the Supreme Court, held at the (city) of , on the day of , 18 — . Present : Hon. W. L. L., Justice. It appearing that suflficient cause exists therefor by the petition of D. M., dated the day of , 18 — , and this day filed : Acknowledgment and Proof of Deeds. 93 Now, therefore, in pursuance of the statute of this State, in such case made and provided, it is hereby ordered that C. D., residing at (Peking in the Empire of China), be and he hereby is appointed a commissioner for the' purpose of taking the acknowledgment of D. M. now residing at (Peking), aforesaid, of the execution by (her; of a certain (power of attorney to mortgage her property and to execute her personal bonds and for other purposes), and to duly cer- tify said acknowledgment, and that a commission issue under the seal of this court to C. D., appointing him such commissioner.' I. See note i to last form, No. 85, and the note therein referred to. No. 87. Commission to take and certify acknowledgment in foreign country. (N. Y. R. S., part 2, chap. 3, § 8.) The People of the State of New York ; To C. D. of (Peking in the Empire of China), greeting : Whereas, it appears to our Supreme Court, that D. M., now residing at (Peking in the Empire of China), desires to execute and acknowledge a (power of attorney to mortgage her property and to execute her personal bonds and for other purposes), and that it is necessary that a commissioner should be appointed at said (Peking), for the purpose of taking her said acknowledgment and of duly certifying the same : We have, therefore, appointed and do hereby appoint you a commissioner, pursuant to the statute in such case provided, for the purpose of taking the acknowledgment of D. M. aforesaid, of the execution by her of said (power of attorney), and of duly certifying said acknowledgment. Witness, the Hon. W. L. L., a justice of the said court, at the (city) of in the county of , the day of , I • [SEAL.] I. J., J. L., Attorney for Petitioner. County Clerk of county.* (Office address.) I. See note i to form No. 86, and the note therein referred to 94 Forms of No. 88. Certificate of acknowledgment of instrument, by commis- sioner appointed pursuant to statute. (N. Y. R. S., part 2, chap. 3, § 8.) (Empire of China), ^ City of (Peking), On this day of , in the year i — r-, before me, a commissioner residing at (Peking, China), and duly author- ized by a commission issuing out of the Supreme Court of the State of New York, under the seal of that court, dated , I , to take the acknowledgment of D. M., residing in said (city) of (Peking), of the execution by her of the foregoing (power of attorney), and to duly certify said ac- knowledgment, appeared the said D. M., to me known to be the individual described in and who executed the foregoing instrument, and to me acknowledged the execution thereof by her.' CD., Commissioner. See note i to form No. 86, and notes therein referred to. No. 89. Certificate of acknowledgment or proof, in New York State, by grantor known to o£Q.cer. (N. Y. R. S., part 2, chap. 3, § 9.) State of (New York), \ County of , On this day of , in the year i , before me, the subscriber, personally came A. B. (and C. B., his wife), to me known to be the person (or, persons) (or, the president of the (name of corporation), the corporation) described in, and who (or, which) executed the within instrument, and (severally) acknowledged that he (or, they) executed the same.^ I- J., Commissioner of Deeds, (or, other official description.) Acknowledgment and Proof of Deeds. 95 [Or, if proved by subscribing witness in New York State, certificate as follows :] State of (New York), ) County of , ) On this day of , i- -, before me came K. L., to me known, the subscribing witness within (or, above) named, who, being by me sworn, did depose and say, that he resides in the (city) of , in the county of , and State aforesaid ; that he knows A. B. (and C. D.), the per- son (or, persons) whose name is (or, whose names are) sub- scribed to the foregoing instrument, to be the person (or, persons) described in and who executed said instrument ; that he was present, and saw the said A. B. (and C. D.) exe- cute the same, and that he thereupon subscribed his name as a witness thereto. I.J. (Official description.) I. The statutes of New York re- quire that every grant in fee or of a freehold estate shall be subscribed and sealed by the person from whom the estate or interest conveyed is in- tended to pass, or his lawful agent; if not diily acknowledged previous to its delivery, its execution and de- livery shall be attested by at least one witness; or if not so attested, it shall not take eifect as against a purchaser or incumbrancer, until so acknowledged, (i R. S. 738, § 137; 7th ed. 2194.) E^ery conveyance of real estate within that State is required to be re- corded in the office of the clerk of the county where such real estate shall be situated; and every convey- ance not so recorded is made void as against any subsequent purchaser in good faith and for a valuable con- sideration of the same real estate, or any portirn thereof, whose convey- ance shall be first duly recorded. (Id. 756, § i; 7th ed. 2215.) To entitle any conveyance hereaf- ter made, to be recorded by any county clerk, it shall be acknowl- edged by the party or parties exe- cuting the same, or shall be proved by a subscribing witness thereto, before any one of the following officers : First. If acknowledged or proved within this State (the chancellor), jus- tices of the Supreme Court (circuit judges. Supreme Court commission- ers), judges of County Courts, mayors and recorders of cities or com- missioners of deeds; but no county judge or commissioner of deeds for a county or city shall take any such proof or acknowledgment out of the city or county for which he was ap- pointed. Second. If acknowledged or proved out of the State and within the United States, the chief justice and associate justices of the Supreme Court of the United States, district judges of the United States, the 96 Forms of judges or justices of the Supreme, Superior or Circuit Court of any State or Territory within the United States, and the chief judge or any associate judge of the Circuit Court ■of the United States, in the District of Columbia; but no proof or ac- knowledgment taken by any such of- ficer shall entitle a conveyance to be recorded, unless taken within some place or Territory to which the juris- diction of the court to which he be- longs shall extend, (i R. S. 756, § 4; 7th ed., 2216.) The officers above mentioned in subdivision i in brackets, have been abolished. By chapter 276 of Laws of 1847, § 13, as amended by chapter 175 of Laws of 1851, power is given to sur- rogates of the State to take the proof and acknowledgment of deeds and other instruments in writing, with the same force and effect as if taken by a county judge, and for which he may charge the same fees. (Laws of 1851, p. 331; R- S., 7th ed., 412.) By chapter 238 of Laws of 1840, the office of commissioner of deeds is abolished in the several towns of the State; and all the powers and duties of such commissioners shall thereafter be executed by the justices of the peace in said towns respect- ively. (Laws of 1840, p. 187; R. S., 7th ed., 843.) By chapter 360 of Laws of 1859, no- taries public of that State, in addition to their present powers, are author- ized to take the proof and acknowl- edgments of deeds, mortgages and any other papers for use or record in that State, in all the cases where the same may be taken by commission- ers of deeds, and under the same rules, regulations and requirements prescribed to commissioners of deeds, and such notaries' acts may be per- formed without official seal. (Laws of 1859, p. 869; R. S., 7th ed., 2375.) By chapter 508 of the Laws of 1863, power is given to notaries pub- lic of the State, to take and certify the acknowledgment and proof of deeds and other instruments in writ- ing in all cases where justices of the peace or commissioners of deeds may take and certify the same, and all acts of notaries public in making or taking such certificates of acknowl- edgment or proof since the passage of the act, chapter 360 of the Laws of 1859, are thereby confirmed and de- clared valid. (Laws of 1863, p. 880; R. S., 7th ed., 2375.) By chapter 703 of the Laws of 1872, any notary public duly appointed and qualified in and for the city and county of New York, or the county of Kings of that State, shall have full power and authority to do and perform anywhere in said city and county of New York, or county of Kings, any and every act and thing which they are by law authorized to do and perform within the county in and for which they are appointed re- spectively. (Laws of 1872, p. 1680; R. S.,7thed.,2375, §1.) It is further provided by the last- mentioned act, that whenever a no- tary public of the city and county of New York, or county of Kings, pur- suant to the authority given by the preceding section, shall take the proof or acknowledgment of any deed or other instrument of writing, to be used or recorded in that State, ir. a county other than that in and for which he shall have been appointed, he shall state in the body of such certificate of proof or acknowledg- ment, or after his signature thereto, as such notary, the name of the county in and for which he shall have been so appointed ; and before any Acknowledgment and Proof of Deeds. 91 deed or instrument in writing so acknowledged shall be entitled to be recorded in any county other than that in and for which such notary was appointed, there shall be subjoined or attached to the certificate of proof or acknowledgment, signed by such notary, a certificate under the hand and official seal of the clerk of the county in and for which such notary was appointed, specifying that he was at the time of taking such proof or acknowledgment a notary public in and for said county, commissioned and sworn, and duly authorized to take the same ; that such clerk is well acquainted with the handwriting of such notary, and verily believes that the signature to said certificate of proof or acknowledgment is genu- ine. (Id., §2.) For general form of clerk's certifi- cate, see form No. 103. See, also, the provisions of chapter 807 of the Laws of 1873, as amended by chapter 140 of Laws of 1883 (Laws of 1883, p. 141), entitled "An act con- cerning notaries public in the counties of Kings, Queens, Richmond, West- chester, Rockland and Orange, and in the city and county of New York, and authorizing them to exercise the functions of their office therein ;" and of chapter 270 of Laws of 1884, as amended by chapter 61 of Laws of 1885 (Laws of 1885, p. 122), entitled "An act to extend the jurisdiction of notaries public.'' Every acknowledgment or proof of a deed or mortgage made or taken before the mayA of either of the cities of Philadelphia or Baltimore (Laws of 1829, chap. 222, p. 348; R. S., 7th ed., 2222); also before the mayor of any citj' in the United States, shall be as valid and effectual as if taken before one of the justices of the Su- preme Court of New York State. 13 Laws of 1845, chap, icg, p. 89; R. S., 7th ed., 2224.) When made by any person with- out the State of New York and within any other State or Territory of the United States, such acknowl- edgment or proof may be made before any officer of such State or Territory, authorized by the laws thereof to take the proof and ac- knowledgment of deeds. But no such acknowledgment is valid, un- less the officer taking the same shall know or have satisfactory evidence that the person making such ac- knowledgment is the individual de- scribed in and who executed the said deed. And there must be at- tached or subjoined to the certificate of proof or acknowledgment signed by such officer, a certificate under the name and official seal of the sec- retary of state of the State in which such officer resides, or under the name and official seal of the clerk, register, recorder or a prothonotary of the county in which such officer re- sides, or the clerk of any court thereof having a seal, specifying that such officer was, at the time of taking such proof or acknowledgment, duly authorized to take the same, and that such secretary of state, clerk, register, recorder or prothonotary is well acquainted with the handwriting of such officer, and verily believes that the signature to said certificate of proof or acknowledgment is genu- ine. (Laws of 1848, chap. 195, p. 303, as amended by Laws of 1867, chap. 557.pi5i5.andbyLawsof i89i,chap. 100, p. 117; and of 1892, chap. 208.)' The provisions of the act of 1867 in regard to 'the certificate of the clerk, etc., are made applicable to all con- veyances or written instruments theretofore proved, or acknowledged and recorded, or to which a certifi- 98 Forms of cate has been subjoined or attached, as provided by that act, but shall not aflFect any litigation then pending. (Laws of 1867, chap. 557, p. 1515, § 2; R. S., 7th ed., 2229.) Also, such acknowledgment or proof may be taken by commissioners appointed by the governor of that State, in the other States and Terri- tories of the United States, and in the District of Columbia, whose au- thority to act and the genuineness of whose signatures and seals shall be attested by the certificate of the secre- tary of state of the State of New York, attached to the commissioner's cer- tificate. (Laws of 1850, chap. 270, as amended by Laws of 1876, chap. 58, p. 4^; R. S., 7th ed., 2225.) No such commissioner shall be authorized to take the proof or ac- knowledgment of any deed or in- strument at any place other than within the city or county within which Tie shall reside at the time of his appointment; and every certifi- cate of any such commissioner to any proof or acknowledgment taken before him, shall specify the day on which, and the city, or town and county, within which the same was taken or administered; and without such specification, the said certificate shall be wholly invalid, inoperative and void. (Id.) If the party or parties executing such conveyance shall be, or reside, in any State or kingdom in Europe, or in North or South America, the same may be acknowledged or proved before any minister plenipo- tentiary, or any minister extraordi- nary, or any charge des affaires of the United States, resident and accred- ited within such State or kingdom. If such parties be or reside in France, such conveyance may be acknowl- edged or proved before the consul of the United States, appointed to re- side at Paris; and if such parties be or reside in Russia, such conveyance may be acknowledged or proved be- fore the consul of the United States, appointed to reside at St. Peters- burgh. (2 R. S. 757, § 5; 7th ed., 2216) If the party to such conveyance be or reside within the United King- dom of Great Britain and Ireland, or the dominions thereunto belonging, the same may be acknowledged or proved before the mayor of the city of London, the mayor or chief magis- trate of the city of Dublin, or the pro- vost or chief magistrate of the city of Edinburgh, or before the mayor or chief magistrate of Liverpool, or be- fore the consul of the United States, appointed to reside at London. (Id., § 6; 7th ed., 2217.) Such proof or acknowledgment, duly certified under the hand and seal of oflSce of such consuls, or of the said mayors or chief magistrates respectively, or of such minister or charge des affaires, has the like force and validity as if the same were taken before a justice of the Supreme Court of that State. (Id., § 7; 7th ed., 2217.) As to acknowledgment or proof of conveyance without the United ■States, before a person specially au- thorized for that particular purpose, by a commission under the seal of the Court of Chancery of that State, see 2 R. S. 757, § 8; 7th ed., 2217, and see forms Nos. 85, 86, 87, 88, and notes thereto. Every acknowledgment or proof of a deed or mortgage made or taken be- fore any consul of the United States resident in any foreign port or coun- try, or before a judge of the highest court in Upper or Lower Canada, and certified by them respectively, is as valid and effectual as if taken be- Acknowledgment and Proof of Deeds. 99 fore one of the justices of the Su- preme Court of that State. (Laws of 1829, chap. 222, p. 348; R. S., 7th ed., 2222.) The acknowledgment or prooi of any deed or other written instru- ment, required to be proved or ac- knowledged in order to entitle the same to be recorded or read in evi- dence in that State, by any person be- ing in any foreign country, may be made before any consul-general, vice- consul, deputy consul, consular agent, vice-consular agent, commer- cial agent or vice-commercial agent of the United States government, resident in any foreign port or coun- try; and when certified by him, un- der his seal of office or under the seal of the consulate or agency to which he is attached, to have been made before him by the party exe- cuting or being a subscribing wit- ness to the same, and that the said party executing the same is known or proven to him to be the sarnie per- son who is described in and who executed the same, shall be as valid an-d effectual as if taken before one of the justices of the Supreme Court in that State. (Laws of 1863, chap. 246, as amended by Laws of 1888, chap. 246, p. 407.) The governor is authorized by chapter 136 of the Laws of 1875, as extended by chapter 233 of the Laws of 1883, to appoint and commission not more than ten commissioners in each city of any foreign State or country, where, in his discretion, such appointment may be necessary, who shall continue in office for four years, and shall have authority to take the acknowledgment or proof of the exe- cution of any deed, etc. The certifi- cate of acknowledgment or proof of such commissioners requires to be authenticated by the certificate of the secretary of state 01 that State. (Laws of 1875, p. 119; Laws of 1883, p. 23S; R. S., 7th ed., 2230.) Such acknowledgment or proof, by any person being in the Dominion of Canada, may be made (in addi- tion to the persons already authorized by law) before the judge of an)' court of record, or the maj'or of any city, within the said Dominion of Canada; but no such acknowledgment or proof shall be valid unless the officer tak- ing the same knows, or has satisfac- tory evidence that the person making it is the individual described in and who executed the instrument. And there must be subjoined or attached to the certificate of proof or acknowl- edgment, if taken before a judge of a court of record, a certificate under the name and official seal of the clerk of the court, that there is such a court; that the judge before whom the proof oracknowledgment is taken is a judge thereof; that such court has a seal; that he is the clerk thereof; that he is well acquainted with the handwriting of such judge, and verily believes his signature genuine. If the proof or acknowledgment be taken before the mayor of any city, it shall be certified by him under his seal of office, and such proof or ac- knowledgment taken pursuant to the foregoing provisions shall be as valid and effectual as if taken before a jus- tice of the Supreme Court of the State. (Laws of 1870, chap. 208, p. 503; R. S., 7th ed., 2229.) The acknowledgment by married women, or the proof of the execution by married women, of deeds or other written instruments in that State, may be made, taken and certified in the same manner as if they were sole. (Laws of N. Y. 1879, chap. 249, as amended by Laws of 1880, chap. 300, p. 443; R. S., 7th ed., 2233.) lOO Forms of No acknowledgment of any con- veyance having been executed shall be taken by any officer, unless the officer taking the same shall know, or have satisfactory evidence, that the person making such acknowledg- ment is the individual described in, and who executed such conveyance. (2 N. Y.R. S. 758,§9; 7th ed., 2217.) The proof of the execution of any conveyance shall be made by a sub- scribing witness thereto, who shall state his own place of residence, and that he knew the person described in, and who executed such convey- ance; and such proof shall not be taken, unless the officer is person- ally acquainted with such subscrib- ing witness, or has satisfactory evi- dence that he is the same person, who was a subscribing witness to such instrument. (2 N. Y. R. S. 758, § 12; 7th ed., 2218.) Every officer who shall take the acknowledgment or proof of any conveyance shall indorse a certifi- cate thereof, signed by himself, on the conveyance; and in such certifi- cate shall set forth the matters here- inbefore required to be done, known or proved, on such acknowledgment or proof, together with the names of the witnesses examined before such officer, and their places of residence, and the substance of the evidence by them given. (Id., § 15.) Every conveyance, acknowledged, or proved and certified in the manner above prescribed, by any of the offi- cers before named, may be read in evidence, without further proof thereof, and shall be entitled to be recorded. (Id., § 16.) Where any conveyance shall be proved or acknowledged before any judge of the County Courts, not of the degree of counselor at law, in the Supreme Court, or before any commissioner of deeds appointed for any county or city, it shall not be en- titled to be read in evidence, or to be recorded, in any other county than that in which such judge or commis- sioner shall reside, unless in addition to the preceding requisites there shall be subjoined to the certificate of proof or acknowledgment, signed by such judge or commissioner, a cer- tificate under the hand and official seal of the clerk of the county in which such judge or commissioner resides, specifying that such judge or commissioner was, at the time of taking such proof or acknowledg- ment, duly authorized to take the same, and that the said clerk is well acquainted with the handwriting of such judge or commissioner, and verily believes that the signature to the said certificate of proof or ac, knowledgment is genuine. (2 N. Y. R- S. 759, § 18; 7th ed., 2219.) The same certificate is required in the case of acknowledgments or proof of deeds, etc., taken by notaries public (N. Y. Laws of 1859, chap. 360, p. 869; N.Y. Laws of 1863, chap. 508, p. 880; R. S., 7th ed., 2375), and by justices of the peace. (N . Y. Laws of 1840, chap. 238, p. 187; R. S., 7th ed., B43.) For form of such certificate see form No. 103. Where the witnesses to any con- veyance authorized by chapter 3 of part 2 of the Revised Statutes, to be recorded, shall be dead, then the same maj' be proved before any offi- cer authorized to take the proof and acknowledgment of deeds, other than commissioners of deeds, and county judges not of the degree of counsel in the Supreme Court. (2 R. S. 761, §30; 7th ed., 2221.) The proof of the execution of any conveyance in such case shall be Acknowledgment and Proof of Deeds. made by satisfactory evidence of the death of all witnesses thereto, and of the handwriting of such witnesses, or any one of them, and of the gran- tor ; all which evidence, with the names and places of residence of the witnesses examined before him, shall be set forth by the officer taking the same, in his certificate of proof. (Id. , §31.) Any conveyance proved and certi- fied, pursuant to the two last sec- tions, may be recorded in the proper office, if the original deed be at the same time deposited in the same office, there to remain, for the inspec- tion of all persons desiring to exam- ine the same. (Id., § 32.) The recording and deposit of any conveyance, proved and certified ac- cording to the provisions of the three last sections, shall be constructive notice of the execution of such con- veyance, to all purchasers subsequent " to such recording ; but such proof, recording, or deposit, shall not en- title such conveyance, or the record thereof, or the transcript of such record, to be read in evidence. (Id., §33.) For form of such proof see form No. 107, and see notes to that form. The certificate of acknowledgment of a county judge is entitled, it seems, to be read in evidence, or recorded, in another county, without being authenticated by the clerk of the county of which the officer is judge; whether such judge is or is not of the degree of counselor at law. (People v. Hurlbut, 44 Barb. 126.) See, also. Hunt v. Johnson (ig N. Y. 279), cited infra. Where persons acknowledging the execution of an instrument, although previously unknown to the officer, are introduced to him by a mutual acquaintance, this, if it satisfies the conscience of the officer as to Tjje ^ jfii^ \ \^ identity of the parties, is sufficient to authorize him to take the acknowl- edgment and give the certificate, (Wood V. Bach, 54 Barb. 134, rev'g Jones V. Bach, 48 id. 568; Rexford V. Rexford, 7 Lans. 6; Rippel v. Hammond, 4 Colo. 211.) Where the certificate of a justice of the peace, in 1711, of the acknowl- edgment of a deed, stated that A. and B., his wife, came before him " to acknowledge this indenture to be their acts and deed," it was held that the certificate could not be understood to mean merely that the parties came before the justice to ac- knowledge the deed, or with such an intent ; but, further, that they did acknowledge it; and, that, after such a lapse of time, the private examina- tion of the wife ought to be pre- sumed; and that the estate acquired under a deed thus acknowledged was confirmed by the act of 1771, " to confirm certain ancient convey- ances.'' (Jackson v. Gilchrist, 15 Johns. 89.) See, also, Baslior v. Stewart (54 Md. 376), and Constan- tine V. Van Winkle (5 Hill, 177), in which latter case the case of Jackson V. Gilchrist is examined. On the same paper, and following the signatures" to an assignment for the benefit of creditors, was a notary's certificate of acknowledgment. It bore the same date as the assign- ment, and named as the persons ac- knowledging, the ones who appa- rently executed the assignment. It stated that the persons named were to the notary known " to be the indi- viduals described in and who exe- cuted the same.'' Held, that the words, " the same," referred to the instrument to which the certificate was appended, and sufficiently identi- fied it; and that the certificate showed I02 Forms of a due acknowledgment of the instru- ment. (Smith V. Boyd, loi N. Y. 472, rev'g S. C, 10 Daly, 149.) See, also, Claflin v. Smith (35 Hun, 372; S. C, 15 Abb. N. C. 241). An officer is not disqualified from taking the acknowledgment of a deed, by reason of his relationship to the parties to it. (Remington Paper Co. V. O'Dougherty, 81 N. Y. 474 ; Lynch v. Livingston, 6 id. 422, afFg S. C, 8 Barb. 463.) A certificate of acknowledgment taken in 1S28, under i Revised Laws, chapter 369, sections i and 2, stat- ing that the persons acknowledging were known to the officer " to be the persons who executed " the deed, is a substantial compliance with that statute and sufficient in form. (West Point Iron Co. v. Reymert, 45 N. Y. 703.) See, also, Hunt v. Johnson (19 N. Y. 279, 294), to the effect that a certificate of acknowledgment, made in October, 1813, stating that the acknowledging parties were known to the officer as the persons described in the deed, but not stating that they were known to him as the persons who executed the deed, is sufficient, and see Jackson v. Gumaer (2 Cow. 552), holding that under the same act (i R. L. 369), it is sufficient for the offi- certosay,"On, etc., before me, A. B., one, etc., came J. S.,to me. known, and acknowledged that he executed the above mortgage (or, deed), for the uses and purposes therein men- tioned," etc., without saying "to me known to be the person described in and who executed the said mortgage" (or, deed). See, also. Trustees Can. Academy v. McKechnie (90 N. Y. 619, cited infra); Same v. Same (19 Hun, 62); Smith v. Boyd (loi N. Y. 472); Cuykendall v. Douglass (19 Hun, 577); Irving v. Campbell (121 N. Y. 353). An authority to take acknowledg- ment of deeds authorizes the acknowl- edgment of mortgages. (Trustees of Can. Academy v. McKechnie, 90 N. Y. 619.) The attestation clause of a mort- gage stated that the mortgagor, a corporation, had caused it to be signed by its president, and sealed with the corporate seal. It was signed by one G. as president, and the corporate seal was attached. The only proof of execution was a certifi- cate of a commissioner of deeds upon the mortgage, made in 1828, which was to the effect that I., the subscrib- ing witness, being sworn, deposed that he knew G., "the person de- scribed in and who executed the said deed ; " that he saw G. execute the same, and that the seal affixed was the seminary seal. Held, that under the statute then in force (i R. L. 1813, p. 369, g i), the certificate was sufficient to prove the execution of the instrument. (Id.) I., at the time of the execution of the mortgage, owned three shares of capital stock of the corporation. Held, that he was not an interested witness within the meaning of the law then in force, and was competent to prove the execution of the instru- ment, as he was a witness to establish a claim adverse to his interest. (Id.) The sufficiency of the proof of the execution must be determined by the , law in force at the time it was taken. (Id.) Notaries public of the State of New York can take acknowledgment of deeds, etc., anywhere within the county for which they are appointed, and in which they reside ; and when thus taken, they are entitled to be recorded in any other county in the State, when the signature and official character of the notary are attested Acknowledgment and Proof of Deeds. 103 by the usual clerk's certificate. Where these conditions are not complied with, and these requirements do not exist, the conveyance is not entitled to be recorded. (Utica & Black River R. R. Co. v. Stewart, 33 How. Pr. 312.) A conveyance executed by a county judge in his official capacity is en- titled to be recorded, although not acknowledged by him, as he is au- thorized to take acknowledgments and his official signature is entered in the clerk's office. CChamberlain v. Taylor, 36 Hun, 24, 38.) The statute of 1830 (i R. S. 759, § 18 ; 7th ed., 2219), requiring the certificate of the clerk of the county in which a judge of the Common Pleas, not a counselor at law, re- sided, in order to entitle his certificate of acknowledgment to be read in another county, does not apply to acknowledgments taken by such offi- cers before the passage of that act. (Hunt v. Johnson, 19 N. Y. 279.) The separate acknowledgment for- merly required to be made by a mar- ried woman, held, to be unnecessary in case of a married woman who had procured a separation from her hus- band in the former Court of Chan- cery, by the terms of which all the authority and control of the husband had ceased and been forever di- vested, as if the parties had never been married. (Delafield v. Brady, 38 Hun, 404; affd, S. C, 108 N. Y. 524.) As the statutory provision was made for the exclusive benefit of the wife, objections to the sufficiency of the acknowledgment could only be taken by the wife or persons claim- ing under her, and not by strangers to her title. (Id.) Since the act of 1849, chap. 375, relating to the separate property of married women, the acknowledg- ment of a married woman need not state that she, on a private examina- tion, separate and apart from her husband, executed the instrument freely and without any fear or com- pulsion of her husband. (Allen V. Reynolds, 36 N. Y. Super. Ct. 297.) The certificate need not be liter- ally " indorsed " on the deed. A cer- tificate subjoined, and expressing the same things mutatis muiandis,?iS if in- dorsed, has the same effect. (Thur- man v. Cameron, 24 Wend. 87.) See, further, generally as to ac- knowledgment and proof of deeds in New York State, Jackson v. Hum- phrey (i Johns. 498); Van Cortland v. Tozer (20 Wend. 423, afFg S. C, 17 id. 338); Diasv. Glover (HofFm. 71); Lynch v. Livingston (8 Barb. 463J; Meriam v. Harsen (2 Barb. Ch. 232); St. John V. Crael (5 Hill, 573); Lovett V. Steam Saw-Mill As- sociation (6 Paige, 54); Johnson v. Bush (3 Barb. Ch. 207); Jackson v. Phillips (9 Cow. 94); HoUenbeck V. Fleming (6 Hill, 303); Norman v. Wells (17 Wend. 136); Goodhue v. Berrien (2 Sandf. Ch. 630); Dibble v. Rogers (13 Wend. 537); Jackson v. Livingston (6 Johns. 149); Gillett v. Stanley (i Hill, 121); Dennis v. Tar- penny (20 Barb. 271); Miller v. Link (2 Th. & C. (N. Y. Supr. Ct.) 86); Mutual Life Ins. Co. v. Corey (54 Hun, 493); Irving v. Campbell (121 N. Y. 353, rev'g S. C. 24 J. & S. 224); 14 Abb. N. C. 452, note; Delafield v. Brady (108 N. Y. 524); Stehlin v. Golding (15 N. Y. State Rep'r, 814); Smith v. Tim (14 Abb. N. C. 447, 452, note, rev'd as Smith V. Boyd, loi N. Y. 472). - As to proof or acknowledgment of conveyance in that State by a cor- poration, see form No. 94, and note I to that form. I04 Forms of No. 90. Certificate of acknowledgment in Wew York State, by grantor or grantors identified by witness known to the ofilcer. (N. Y. R. S., part 2, chap. 3, § 9.) State of (New York), ) ^^ . County of , ) On this day of -, i , before me came the above- named A. B. (and C. D.), the grantor (or, grantors) named in the foregoing instrument, and acknowledged that he (or, they) had executed the said instrument for the uses and purposes therein mentioned ; and at the same time before me came G. H., to me known, who, being by me sworn, did say, that he resides in the (town; of , in the county aforesaid, that he knew the said A. B. (and C. D.), the per- son (or, persons) making the said acknowledgment (or, ac- knowledgments) to be the individual (or, individuals) de- scribed in and who executed the said instrument, which to me is satisfactory evidence thereof.' I -^ (Official title.) I. See I R. S. 758, § g; 7th ed., tion, as it did not certify tliat the 2217, cited on page 100, in note i, to party acknowledging tlie instrument form No. 89. was known to the notary to be the An acknowledgment in the follow- party named in and who had exe- ing form: " Personally appeared be- cuted the same. (Miller v. Link, 2 fore me, R. S. L., signer and sealer Th. & C. (N. Y. Supr. Ct.) 86.) And of the foregoing instrument, and ac- see cases and statutes cited in note knowledged the same to be his free i, above referred to, generally as act and deed before me,'' was held to proof and acknowledgment of to be fatally defective under this sec- deeds. No. 91. Certificate of acknowledgment in New York State by husband and wife known or identified to ofllcer. (N. Y. R. S., part 2, chap. 3, § 9.) State of (New York), ) County of , j On this day of , i , before me personally came F. K. and G. K. (his wife), and severally acknowledged that they had executed the foregoing conveyance (or, instru- Acknowledgment and Proof of Deeds. 105 ment); (*) and, I certify that I know said F. K. to be one of the persons described in and who executed the foregoing instru- ment ; and at the same time appeared before me H. R., to me known, who, being by me sworn, did say, that he resided in the (city) of , in the county of , and that he knew the said G. K. to be (the wife of said F. K.), one of the persons (or, individuals) described in and who executed the foregoing instrument, which is to me satisfactory evi- dence thereof.' J. K. (Official title.) Or, if both persons are identified, as above to (*), and from thence as follows : And, at the same time came before me G. K., to me known, who, being by me sworn, did say, that he resided at the (city) of , in said county, and that he knew the said F. K. and G. K. to be the same individuals described in, and who executed the within conveyance, which is to me satis- factory evidence thereof. J. K, (Official title.) I. See note i to form No. 89, gen- chap. 300; R. S., 7th ed., 2233, and Al- erally as to acknowledgment and len v. Reynolds (36 N. Y. Super. Ct. proof of deeds in New York State. 297), cited in that note, as to acknowl- And see Laws of 1879, chap. 249, p. edgment and proof of conveyances 327, as amended by Laws of 1880, executed by married women. No. 92. Certificate of acknowledgment in New York State, by under- sheriff, of deed executed by him in the name of the sheriff. (N. Y. R. S., part 2, chap. 3, § 9.) State of (New York), ^ . County of , On this day of — — , i , G. F., to me known, be- fore me personally came, and acknowledged that he, as under-sheriff of M. R., the sheriff of the county of , had executed the foregoing conveyance, in the name and as the act and deed of the said sheriff.' K. L. (Official title.) I. See statutes and cases cited in proof and acknowledgment of deeds note I to form No. Sg, generally as to in New York State. 14 io6 Forms of No. 93. Certificate of acknowledgment in New York State, by person conveying under power of attorney. (N. Y. R. S., part 2, chap. 3, § 9.) State of (New York), County of , On the day of , i , before me came J. P., to me known, and acknowledged that he executed the within conveyance (or, instrument), as the act and deed of B. M., therein described, by virtue of a power of attorney, duly executed by the said B. M., bearing date the day of , I , and recorded in the office of the clerk of the county of the day of • I. Whether, since the statutes of 1848 and 1849, for the protection of the property of married women, a power of attorney to convey her land, executed by a wife to her husband, is valid, quere. (Hunt v. Johnson, 19 N. Y. 281.) See L. 1878, chap. 30O§i. See, also, generally as to acknowl- edgment and proof of deeds in New York State, note i to form No. 89. Where a deed is executed by the at- torney of the grantor, lawfully author- ized, he is the party executing the same, who may make the acknowl- M. F. (Official title.) edgment; and such has been the uni- form construction of the statute. (Lovett V. Steam Saw-Mill Associa- tion, 6 Paige, 60, per Walworth^ Chancellor.) A deed executed by an attorney may be recorded, upon his acknowl- edgment before the proper officer, or upon due proof that such deed was executed by him, without proving the power under which the attorney acted in executing such deed. (John- son V. Bush, 3 Barb. Ch. 207.) No. 94. Certificate of proof in New York State, by officer of corpora- tion known to the officer. (N. Y. R. S., part 2, chap. 3, § 12.) State of (New York), ) ^ .' County of , i On the day of , A. B., to me known, came before me, who, being by me sworn, did say that he resides Acknowledgment and Proof of Deeds. 107 in the (city) of , and is (president) of the (name of cor- poration); that the seal affixed to the foregoing instrument is the corporate seal of the said corporation, and was hereto affixed by the order of the (board of directors) of said (com- pany), and that he signed the same as president of the board of directors of said (company), by virtue of a like order of said board of directors.-' J. K. (Official title.) I. See Trustees of Can. Academy V. McKechnie (go N. Y., 6iS), cited on page 102, in note I to form No. 89, and the cases and statutes cited in that note, also Lovett v. Steam Saw-Mill Association (6 Paige, 54), as to proof of deed executed by a corporation. The officer or agent of a corpora- tion, who executes a deed in the name of the corporation by affixing thereto the impression of the com- mon or corporate seal intrusted to his care, is the party executing the same, under i R. L. 367, §1; i R. S. 756, § 4; as it is impossible that a corporation aggregate should exe- cute or acknowledge a deed in per- son. (Lovett V. Steam Saw-Mill As- sociation, supra.) Such officer stands also in the char- acter of a subscribing witness to the execution of the deed by the cor- poration, and may be examined by the commissioner ot deeds, etc., to prove that the seal aflixed by him is the common seal of the corporation whose deed the conveyance or instru- ment to which if is affixed purports to be. (Id.) The seal of a corporation aggre- gate, affixed to a deed, is, of itself, prima facie evidence that it was so affixed by the authority of the cor, poration; especially if it is proved to have been put to the deed by an offi- cer who was intrusted by the cor- poration with the custody of such seal. See cases above cited. No. 95. Certificate of proof in Ifew York State, by subscribing wit- ness identified to the oflleer. (N. Y. R. S., part 2, chap. 3, § 12.) ss.. State of (New York), County of , On this day of - came F. B., who, being by me duly sworn, did depose and say, that he resides in the (town) of , in the county of ; that he knew A. B., within named, and knew him to before me, personally be the person described in, and who executed the within conveyance (or, instrument); that he saw the said A. B. exe- io8 Forms of cute the same, and that he thereupon subscribed his name thereto as a subscribing witness ; and at the same time, be- fore me came S. B., to me known, who, being by me sworn, did say, that he resides in the (town) of , in the county of , and that he knows the said A. B. to be the same person who was a subscribing witness to the within convey- ance, which is to me satisfactory evidence thereof.' J. K. (Official title.) I. See, as to proof of execution of cited in note i, to form No. 89, and instrument by subscribing witness, generally as to proof and acknowl- § 12, p. 758, I R. S., 7th ed., 2218, edgment of deeds. See that note. No. 96. Petition for subposna, requiring witness to a conveyance to appear and testify touching the execution of such con- veyance. (N. Y. R. S., part 2, chap. 3, § 13.) To Hon. J. N., County Judge of county (or, other proper direction). The petition of M. F., of the (city) of , in the county of , respectfully shows : That on or about the day of , in the year i , a conveyance was executed and delivered to your petitioner (or, to A. B.) by C. D. (and M. D., his wife), dated on that day, of certain real estate, situated in the (city) of , in the county of and State of New York, described as follows : (here insert ■ brief description of property) (or, a copy of which conveyance is hereto annexed, marked schedule A, and referred to as a part of this petition). [That your petitioner has succeeded to the title to said property as the heir (or, grantee) of said A. B. (or, is the executor of the will) (or, the administrator of the goods, etc.), of said A. B. duly appointed ; or, state other interest entithng the peti. tioner to make the application] •} that G. H., who resides in the (city) of , in the county of , in the State of New York, is a witness to such conveyance ; that such con- veyance has not been acknowledged or proved, and that said Acknowledgment and Proof of Deeds. 109 C. D., the grantee therein, has died, and that said conveyance cannot be proved without the evidence of said G. H. ; that your petitioner has requested said G. H. to appear and tes- tify touching the execution of said conveyance, before an officer authorized by the laws of this State to take such tes- timony, who called with your petitioner upon said G. H., but, that said G. H. has refused, and still refuses, to so ap- pear and testify. And your petitioner therefore prays, that a subpoena may be issued by your honor, pursuant to the statute in such case made and provided, requiring the said G. H. to appear and testify before you, touching the execution of such conveyance.^ Dated , i . M. F. State of (New York), ] County of , ) M. F., of , being duly sworn, says, that he is the peti- tioner named in the foregoing petition ; that said petition is true to his knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those mat- ters he believes it to be true. (Jurat as in form No. 85.) M. F. 1. Only the grantee or a person proof of conveyances, except a com - claiming under him can compel the missioner of deeds, may issue a sub- subscribing witness to a conveyance poena requiring such witness to ap- to make proof of the instrument un- pear and testify before such officer, der this statute. {Per Porter, J., touching the execution of such con- Tuttlev. People, 36 N. Y. 431, 435.) veyance. (i R. S. 758, § 13; 7th ed., 2. The provisions of the statute 2218.) are as follows: Upon the application Every person who, being served of any grantee in any conveyance, with such subpoena, shall, without his heirs or personal representatives, reasonable cause, refuse or neglect or of any person claiming under to appear, or appearing, shall refuse them, verified by the oath of the to answer upon oath touching the applicant, that any witness to the matters aforesaid, shall forfeit to the conveyance, residing in the county party injured, $100; and may also be where such application is made, re- committed to prison by the officer fuses to appear and testify touching who issued such subpoena, there to the execution thereof, and that such remain without bail and without the conveyance cannot be proved with- liberties of the jail, until he shall out his evidence, any officer author- submit to answer upon oath asaforo- ized to take the acknowledgment or said. (Id., § 14.) no Forms of No. 97. Subpoena requiring witness to conveyance to appear and tes- tify, touching its execution. (N. Y. R. S., part 2, chap. 3, § 13.) To G. H., of the {city) of , in the county of : You are hereby summoned and required, in the name of the people of the State of New York, pursuant to statute, to be and appear before me at my office in the (city) of , in said county, on the day of , i , at o'clock in the noon, to testify and give evidence touching the execution of a certain conveyance of real estate purporting to be executed by C. D. (and M. D., his wife) to A. B., to which, as appears by the application of (said A. B.), you are a subscribing witness. Whereof fail not at your peril. Given under my hand, this day of , i .' J. N., County Judge of county. I. See note 2 to last form, No. 96. No. 98. AfS.davit of service of subpoena, form No. 97. (N. Y. R. S., part 2, chap. 3, § 13.) State of (New York), County of - M. L., of , being duly sworn, says, that on the day of , I -, he personally served the annexed sub- pcEna upon G. H., to whom it is directed, at the place of residence of said G. H., in the (city) of , in the county of (or, at the (city) of , in the county of ), by exhibiting to said C. D. the said original subpoena, and de livering to him a copy thereof, and paying (or, tendering to) him his fees allowed by law for traveling frOm his (said) place of residence (or, from the place of service where he was. tem- porarily residing) to and returning from the place where he is required to attend, and for one day's attendance pursuant to Acknowledgment and Proof of Deeds. hi said subpoena, namely, eight cents for each mile going to the place of attendance, and fifty cents for said attendance, in all amounting to the sum of dollars. (Jurat as in form No. 85.) M. L. I. See note 2 to form No. 96. No. 99. Warrant to arrest witness neglecting to attend ptirsuant to subpoena, form No. 97. (N. Y. R. S., part 2, chap. 3, § 14.) To the Sheriff of the County of greeting : Whereas, G. H., of the (city) of , in your county, has been duly subpoenaed to appear before me and to testify and give evidence, touching the execution of a certain convey- ance of real estate, executed by C. D. (and M. D., his wife) to A. B., to which conveyance said G. H. is a subscribing witness, as it appears to me, of record, and has neglected and refused to attend before me pursuant to said subpoena: Now, therefore, you are hereby commanded, in the name of the people of the State of New York, forthwith to apprehend and take into your custody the said G. H., and to bring him before me, J. N., county judge of said county, at my office in the city of , in the county of , to testify and give evidence touching the execution of said conveyance. Given under my hand and seal at , in said county, this day of , I } [L.. S.] J. N., County Judge of county. I. See note 2 to form No. g5. No. 100. Commitment of witness, refusing to a.ppear and testifj^, pur- suant to subpoena, form M"o. 95. ■ (N. Y. R. S., part 2, chap. 3, § 14.) The People of the State of New York, to any Constable of the County of , greeting : Whereas, G. H., who resides in the (city) of , in said county, having been brought before me on a warrant to tes- 112 Forms of tify and give evidence, touching the execution of a certain conveyance of real estate, executed by C. D. (and M. D., his wife) to A. B., has, without reasonable cause, refused to an- swer upon oath, touching the matters aforesaid : You are hereby commanded to forthwith commit and deliver the said G. H. to the sheriff of the said county, who is required to receive the said G. H., and to commit and imprison him in the jail of said county, there to remain without bail and with- out the liberties of the jail, until he shall submit to answer upon oath as aforesaid. Given under my hand and seal, at , in said county, this day of , i .' [L. S.J J- N., County Judge of county. I, See note 2 to form No. 96. No. loi. Certificate of acknowledgment in New York State, by a sherifiF or other ofllcer. (N.Y. R. S., part2, chap. 3, §15-) ' State of (New York), County of On the day of , i , before me came M. F., the (sheriff of the county of ), known to me to be the person described in and who executed the (foregoing) con- veyance (or, instrument), and acknowledged the execution thereof by him as such (sheriff).* J. K. (Ofificial title.) I. See note i to form No. 89, as to proof and acknowledgment of deeds In New York State. No. 102. Certificate of acknowledgment by an administrator, executor, trustee or referee. (N. Y. R. S., part 2, chap. 3, § 15.) State of (New York\ ) County of , ) On this day of , i , before me came E. F., to me known to be the person described in and who executed Acknowledgment and Proof of Deeds. 113 the within instrument, and acknowledged the execution thereof and that he executed the same as administrator of the goods, chattels and credits (or, as executor of the will of), I. J., late of the (town) of , deceased (or, as trustee of W. F.), of the (town) of (or, as referee therein men- tioned).' J. K. (Official title.) I. See note i to form No. 8g, as to acknowledgment and proof of deeds in New York State. No. 103. County clerk's certificate to be annexed to certificate of ac- knowledgment of instrument taken or to be used in another State than New York State, or read in evidence or recorded in a county of that State other than that in which the ac- knowledgment is taken. , (N. Y. R. S., part 2, chap. 3, § 18.) State of (New York), ) {City and) County of — — , >- ss.: Clerk'' s Office, ) I, J. L., clerk of said (city and) county (and, also, clerk of the Supreme, County and Courts, being courts of rec- ord held therein), do hereby certify that F. G., whose name is subscribed to the certificate of proof (or, acknowledgment) of the annexed instrument in writing and indorsed thereon, was, at the time of taking such proof or acknowledgment, a (commissioner of deeds), in and for the (city and) county aforesaid, dwelling in said (city), and duly authorized to take the same. And that I am well acquainted with the handwrit- ing of the said (commissioner), and verily believe that the signature to the said certificate of proof (or, acknowledgment) is genuine ; (and that the said instrument is executed and ac- knowledged according to the laws of the State of New York.) In testimony whereof, I have hereunto set my hand, and affix:ed my official seal, as county clerk of said county, and clerk of said courts, this day of , i } [L. s.j J. L., Clerk. I. See section 18 of chapter 3 of part cited in note i to form No. 89, as 2 of the New York Revised Statutes, to this certificate, in case of acknowl- 15 114 Forms of edgment, etc. , within the State. And see, also, chap. 195 of Laws of 1848, as amended by chap. 557 of Laws of 1867, p. 1515, and by Laws of 1891, chap. 100, p. 117, cited in same note, as to form of same certificate when ac- knowledgment, etc., is taken without the State. No. 104. Oath or a£Q.rmation to be administered to subscribing witness in New York State, proving conveyance. (N. Y. R. S., part 2, chap. 3, § 12 ; N. Y. Code Civ. Proc, §§ 845-8490 You do solemnly swear (in the presence of the ever living God) (or, you do solemnly, sincerely and truly declare and affirm), that you will true answers make to such questions as shall be put to you (*) touching the execution of the con- veyance now shown to you.' (Or, you do solemnly swear that you will true answers make to such questions as shall be put to you touching the execution of the conveyance now shown to you, so help you God.) I. The usual mode of administer- ing an oath, now practiced, by the person who swears laying his hand upon and kissing the gospels, must be observed, where an oath is ad- ministered, except as otherwise spe- cially prescribed in this article. (N. Y. Code Civ. Proc, § 845, art. 2 of title I of chap, g, id.) The oath must be administered in the following form, .to a person who so desires, the laying of his hand upon and kissing of the gospels be- ing omitted; "You do swear, in the presence of the ever living God." While so swearing he may or may not hold up his hand, at his option. (Id., § 846.) A solemn declaration or affirma- tion, in the following form, must be administered to a person who de- clares that he has conscientious scru- ples against taking an oath, or swear- ing in any form: " You do solemnly, sincerely, and truly, declare and af- firm." (Id., § 847.) If the court or officer, before which, or whom, a person is offered as a witness, is satisfied that any pe- culiar mode of swearing, in lieu of, or in addition to, laying the hand upon and kissing the gospels, is, in his opinion, more solemn and obliga- tory, the court or officer may, in its or his discretion, adopt that mode 0/ swearing the witness. (Id.,§ 848.) A person believing in a religion, other than the Christian, may be sworn according to the peculiar cere- monies, if any, of his religion, in- stead of as prescribed in section 845 or section 846 of this act. (Id., § 849.) The court or officer may examine an infant, or a person apparently of Acknowledgment and Proof of Deeds. 115 weak intellect, produced before it or most obligatory. Id., § 850; and see him, as a witness, to ascertain his § 851, id. capacity, and the extent of his knowl- See, also, § 9 of chap. 3 of part edge; and may require of a person, 2 of R. S. (i R. S. 758; 7th ed., 2217), produced as a witness, what peculiar cited in note i to form No. 89. ceremonies in swearing he deems No. 105. Oath or afflrmation to be administered in New York State to person identi:^ruig the parties or a witness to a convey- ance. (N. Y. R. S., part 2, chap. 3, § 9 ; N. Y. Code Civ. Proc, §§ 845-850.) As in form No. 104, to (*), and from thence as follows : touching the identity of the parties (or, of the subscribing witness) to the conveyance now shown to you.^ (Or, you do solemnly swear that you will true answers make to such questions as shall be put to you touching the identity of the parties (or, of the subscribing witness to the conveyance now shown to you.) So help you God. I. See note i to last form, No. S. 757; 7th ed., 2217, and note i 104. For section 9 of part 2 of chap, to form No. 89. 3, N. Y. Revised Statutes, see i R. No. 106. Form of affirmation or oath to be administered to an affiant or affiants. (N. Y. Code Civ. Proc, §§ 845-850.) You (and each of you) do (severally) solemnly, sincerely and truly declare and affirm (or, you and each of you do severally solemnly swear in the presence of the ever-living God) that the contents of this afifidavit, by you subscribed, are true.' (Or, you (and each of you) do (severally) solemnly swear that the contents of this afifidavit, by you subscribed, are true. So help you God.) I. See note to form No. 104. ii6 Forms of No. 107. Certifioate of proof in New York State, of the execution of a conveyance, the subscribing witnesses to which are dead. (N. Y. R. S., part 2, chap. 3, §§ 30-32.) State of (New York), County of - ' I do hereby certify that on the day of , I , before me personally came A. B., to me known, and to whom the (foregoing) deed was by me at that time shown, and the said A. B., being by me duly sworn, did depose and say, that he resided in the (town) of , in (said) county, and that he was well acquainted with C. D., the grantor named in said deed ; that he had frequently seen him write, and knew his handwriting ; that the name of the said grantor which is sub- scribed to the said deed, is in the handwriting of the said C. D.; and the said A. B. further deposed and said that he was also well acquainted with A. P., the subscribing witness to the said deed ; that he had seen the said A. P. write fre- quently, and was well acquainted with his handwriting ; that at the time of the date of said deed, the said A. P. resided in the (city) of , in (said) county, and had been dead for about (two years) ; that his name subscribed as a witness to said deed was in the proper handwriting of the said A. P., de- ceased. And I further certify that the fact proved, as aforesaid, by the said A. B., is to me satisfactory evidence of the death of A. P., the subscribing witness to said deed, and of the hand- writing of said A. P., and of the handwriting of the said grantor.' J.K. (Official title.) I. See sections 30-32, i R. S. 761; the witness to such conveyance shall 7th ed., 2221, cited in note i to form be dead; and see that note generally No. 89, relating to proof of convey- as to acknowledgment and proof of ances, authorized by chapter 3 of conveyances in New .York State, part 2, R. S., to be recorded, where Acknowledgment and Proof of Deeds. 117 No. 108. Certificate of ackuowledgment of conveyance of real estate situated in Ohio, by husband and wife. (Rev. Stats, of Ohio, 1890, § 4106.) State of (Ohio), ) County of , ) Be it remembered that on this day of , i , before me, the subscriber, a (insert officer's title), in and for said county, personally came A. B., and C. B., his wife, the gran- tors in the foregoing instrument, and acknowledged the sign- ing thereof to be their voluntary-act and deed for the uses and purposes therein mentioned. And the said C. B., wife of the said A. B., being examined by me separate and apart from her said husband, and the contents of said instrument being by me made known and explained to her as the statute directs, declared that she did voluntarily sign and acknowl- edge the same, and that she is still satisfied therewith as her act and deed. In testimony whereof, I have hereunto set my hand and affixed my official seal, the day and year last above-written.' [official seal.] (Signature and title.) I. ah deeds, mortgages or other sheet on which the instrument is instruments in writing, executed written or printed. (Rev. Stats, of within the State of Ohio, by which Ohio, 1890, § 4106.) any lands, tenements or heredita- A deed, mortgage or lease, of any ments are conveyed or otherwise estate or interest of a married person, affected or incumbered in law, must in real property, shall be signed, at- be signed by the grantor, and such tested, acknowledged and certified in signing acknowledged in the pres- the manner prescribed in the preced- ence of two witnesses, who shall at- ing section. (Id., § 4107.) test the same, and subscribe their The acknowledgment of an instru- names to the attestation, and such ment for the conveyance or incum- signing must also be acknowledged brance of lands, situated within the by the grantor or maker before a State of Ohio, may be made without judge of a court of record of that the State before a commissioner ap- State, or a clerk thereof, a county pointed by the governor of that auditor, a county surveyor, a justice State, for that purpose, or a consul of the peace, notary public, or the of the United States, resident in mayor or other presiding officer of a any foreign country, and when exe- municipal corporation, who shall cer- cuted and acknowledged, or proved tify the acknowledgment on the same in any other State, Territory, or ii8 Forms of country, in conformity with its laws. By section 526, id., a probate judge or in conformity with the laws of in the State of Ohio, and by section Ohio, shall be as valid as if exe- 1787, W., a police court judge in that cuted within the State of Ohio, in State may also take such acknowl- conformity with this chapter. (Id., edgment. §4111-) No. 109. Certificate of acknowledgment by corporation of conveyance of real estate situated in Ohio. (Rev. Stats, of Ohio, 1890, § 4106.) State of (Ohio), County of , Be it remembered, that on this day of , i , personally appeared before me, the subscriber, a (officer's title), in and for said county, the P. Y. Z. Company, by its president, A. B., and acknowledged the signing and sealing with its corporate seal, of the foregoing instrument to be its voluntary act and deed for the uses and purposes therein mentioned. In testimony whereof, etc. (same as in last form).^ [SEAL.] (Signature and title.) I. See note i to form No. 108. No. no. Certificate of acknowledgment by grantor of conveyance of property situated in Oklahoma. (Statutes of Oklahoma, 1890, § 6714.) Territory (or State) of County of , On this day of , in the year , before me personally appeared , known to me (or, proved to me on the oath of ), (*) to be the person who is described in, and who executed the within instrument, and acknowl- edged to me that he (or, they) executed the same.' [SEAL.] A. B. (Ofificial title.) I. An officer taking an acknowl- certificate substantially in the forms edgment of an instrument must in- hereinafter prescribed: dorse thereon, or attach thereto, a First. Such certificate of acknowl- Acknowledgment and Proof of Deeds. 119 edgment, unless it is otherwise in this article provided, must be sub- stantially in the following form: (here is given form No. no.) Second. The certificate of acknowl- edgment of an instrument executed by a corporation must be substan- tially in the following form: (here is given form No. in.) Third. The certificate of acknowl- edgment by an attorney, in fact, must be substantially in the following form: (here is given form No. 112.) Fourth. Officers taking and certify- ing acknowledgments or proof of instruments for record must authenti- cate their certificates by affixing thereto their signatures followed by the names of their offices; also their seals of office if, by the laws of the Territor}', State, or country where the acknowledgment or proof is taken, or by authority of which they are acting, they are required to have official seals, judges and clerks of courts of record must authenticate their certificates as aforesaid, by affixing thereto the seal of their proper court; and mayors of cities by the seal thereof. Fifth. The certificate of proof or acknowledgment, if taken before a justice of the peace, when used in any county other than that in which he resides, must be accompanied by a certificate under the hand and seal of the clerk of the District Court of the county in which the justice re- sides, setting forth that such justice, at the time of taking such proof or acknowledgment, was authorized to take the same, and that the clerk is acquainted with his handwriting, and believes that the signature to the original certificate is genuine. (Stats. of Oklahoma, i8go, § 6714.) The proof or acknowledgment of an instrument may be made in the Territory of Oklahoma within the ju- dicial district, county, sub-division, or city, for which the officer was elected or appointed before either, (i) a judge or clerk of a court of record; or (2) a mayor of a city; or (3) a register of deeds; or(4)a justice of the peace; or (5) a United States Circuit or District Court commis- sioner ; or (6) a county clerk ; or (7) a county auditor. (Id., § 6703.) The proof or acknowledgment of an instrument may be made with- out the Territory, but within the United States, and within the jurisdiction of the officer, before either, (l) a justice, judge, or clerk of any court of record of the United States ; or (2) a justice, judge, or clerk of any court of record of any State or Territory; or (3) a notary public; or (4) any other officer of the State or Territory where the acknowl- edgment is made, authorized by its laws to take such proof or acknowl- edgment ; or (5) a commissioner ap- pointed for the purpose by the gov- ernor of Oklahoma. (Id., § 6704.) Such proof or acknowledgment may be made without the United States before either, (i) a minister, commissioner, or charge d'affaires of the United States, resident and ac- credited to the country where it is made; (2) a consul, vice-consul, or consular agent of the United States, resident in the country where it is made; (3) a judge of a court of record of such country; (4) a notary public of such country. When any of the above officers, mentioned in the article (4 of chapter 86) containing the above sections are authorized by law to appoint a dep- uty, the acknowledgment or proof may be taken by such deputj' in the name of his principal. (Id., § 6705.) I20 Forms of No. III. Certificate of acknowledgment by corporation of conveyance of real property situated in Oklahoma. (Stats, of Oklahoma, 1890, § 6714.) Territory (or, State) of — County of - r ■■ On this day of , in the year i , before me, A. B., a (here insert the name and quality of the officer), personally appeared , known to me (or, proved to me on the oath of ) (*) to be the president (or, the secretary) of the corporation that is described in and that executed the within instrument, and acknowledged to me that such cor- poration executed the same.^ ^ g_ [SEAL.] (Official title.) I. See note i to form No. no. No. 112. Certificate of acknowledgment of conveyance of real estate situated in Oklahoma, by an attorney in fact. (Stats, of Oklahoma, 1890, § 6714.) As in last form No. iii,to (*) and from thence as fol- lows : to be the person who is described in and whose name is subscribed to the within instrument as the attorney in fact of , and acknowledged to me that he subscribed the name of thereto as principal, and his own name as attorney in fact.i A. B. [SEAL.] (Official title.) — I. See note i to form No. no. No. 113. Certificate of acknowledgment of conveyance of real estate situated in Oregon, by one or more grantors. (Hill's Ann. Laws of Oregon, 1887, §§ 3002, 301 1.) State of (Oregon), ) County of , f Before the undersigned (a justice of the peace) for the (precinct) of , in the county and State aforesaid, person- Acknowledgment and Proof of Deeds. 121 ally appeared on this day of , i , the within (or, above) named A. B. (*) (and C. B., his wife), to me known to be the individual (or, individuals) described in and who executed the within (or, above) conveyance (or, power of at- torney, etc., as the case may be), and acknowledged to me that he (or, they) executed the same.' In testimony, etc. (as in form No. 29.) E. F., [seal when required.] I. Conveyances of lands, or of any estate or interest therein, may be by deed, signed and sealed by the person from whom the estate or interest is intended to pass being of lawful age, or by his lawful agent or attorney, and acknowledged or proved and recorded as directed in this title, without any other act or ceremony whatever. (Hill's Ann. Laws of Oregon, 1887, § 3002.) Deeds executed within the State of Oregon, of lands, or any interest therein, shall be executed in the presence of two witnesses, who shall subscribe their names to the same as such, and the persons executing such deeds may acknowledge the execu- tion thereof before any judge of the Supreme Court, county j udge; j ustice of the peace, or notary public within the State, and the officer taking such acknowledgment shall indorse thereon a certificate of the acknowl- edgment thereof, and the true date of making the same under his hand. {Id., § 3011.) If any deed shall be executed in any other State, Territory or district of the United States, such deed may be executed according to the laws of such State, Territory or district, and the execution thereof may be ac- knowledged before any judge of a court of record, justice of the peace or notary public, or other officer au- thorized by the laws of such State, 17 (Justice of the Peace.) Territory or district to take the ac- knowledgment of deeds therein, or before any commissioner appointed by the governor of the State of Ore- gon for such purpose. (Id., § 3012.) In the cases provided for in the last section, unless the acknowledg- ment be taken before a commissioner appointed by the governor of the State for that purpose, or before a notary public, or before the clerk of a court of record, certified under the seal of the court, such deed shall have attached thereto a certificate of the clerk or other proper certifying officer of a court of record of the county or district within which such acknowledgment was taken, under the seal of his office, that the person whose name is subscribed to the cer- tificate of acknowledgment was at the date thereof such officer as he is therein represented to be; that he be- lieves the signature of such person subscribed thereto.to be genuine, and that the deed is executed according to the laws of such State, Territory or district. (Id., § 3013, as amended by Laws of 1 8g I, p. 96.) See Knighton V. Smith (i Oreg. 276). If such deed be executed in any foreign country, it may be executed according to the laws of such coun- try, and the execution thereof may be acknowledged before any notary public therein, or before any minis- ter plenipotentiary, minister extraor- 122 Forms of dinary, minister resident, charge des affaires, commissioner or consul of the United States, appointed to re- side therein, which acknowledgment shall be certified thereon, by the of- ficer taking the same, under his hand, and if taken before a notary public, his seal of office shall be affixed to such certificate. (Id., § 3014.) No acknowledgment of any con- veyance having been executed shall be taken by any officer unless he shall know or have satisfactory evi- dence that the person making the ac- knowledgment is the individual de- scribed in and who executed such conveyance. (Id., Isoiy.) See Kelsey V. Dunlap (7 Cal. 160); Cassell v. Cooke(8 Serg& R. 268; S.C., 11 Am. Dec. 610). Proof of the execution of any con- veyance may be made before any of- ficer authorized to take acknowledg- ments of deeds, and shall be made by a subscribing witness thereto. who shall state his own place of residence, and that he knew the per- son described in and who executed such conveyance, and such proof shall not be taken unless the officer is personally acquainted with such subscribing witness, or has satis- factory evidence that he is the same person who was a subscribing witness to such instrument. (Id., § 3018.) See Mclntyre v. Kamm (13 Or. 253). All acknowledgments of married women to conveyances of real prop- erty in that State are to be taken in the same manner as if they were un- married. (Laws of Oregon, 1891, p. 152, § I) All defective acknowledgments of married women to conveyances of real estate in that State theretofore taken are legalized and made of full force and effect. (Id., § 2.) All laws or parts of laws in con. fiict with the act last above cited are thereby repealed. (Id., § 3.) No. 114. Certifleate of acknowledgment of conveyance of lands situated in Oregon, by attorney in fact of grantor. (Hill's Ann. Laws of Oregon, §§ 3002, 3011.) As in form No. 113, to (*), and from thence as follows: (here insert the name of the principal in the conveyance) by his attorney in fact, the within (or, above) named C. D., to me known to be the individual described in and who exe- cuted the within (or, above) conveyance, for and on behalf of the said A. B. (insert the name of the principal), and ac- knowledged that he executed the same.' In testimony, etc. (as in form No. 115). [SEAL, when required.) (Signature, etc., as in form No. 113.) I. See note i to form No. 113. Acknowledgment and Proof of Deeds. 123 No. 115. Certificate of acknowledgment, by husband and wife, of con- veyance of real estate situated in Pennsylvania. State of (Pennsylvania), County of , Before me, the subscriber, a (insert title of official), in and for said State and county, personally came the above-named (here insert the names of the grantors), and acknowledged the foregoing indenture to be their act and deed to the end that the same might be recorded as such. She, the said (here insert the wife's name), being of full age, and by me separate and apart from her said husband duly examined, and the contents of the foregoing indenture made, known to her, declared that she did voluntarily and of her own free will and accord, and without any coercion or compulsion on the part of her said husband, sign, seal, execute and deliver the same. In witness whereof, I have hereunto set my hand and official seal, this day of , A. D., i } [seal.] (Signature and title.) I. Conveyances of land situated in Pennsylvania should be by writing under seal, a scroll being a sufficient seal, and should be acknowledged before a proper officer. Acknowledgments taken within the State may be taken before a jus- tice of the Supreme Court, a judge of the Court of Common Pleas, a re- corder of deeds, the city recorder of any city in which there is any such officer, an alderman, a justice of the peace, a notary public, or United States commissioner. Acknowledgments taken out of the State may be taken before the mayor or other chief magistrate of a city or town, under the seal of said city or town, the judge of any court of record in any State or Territory of the United States, or of the United States courts. justices of the peace, or any officer of any State or Territory of the United States authorized by the laws of such State or Territory to take acknowledg- ments, ambassadors, ministers, con- suls and vice-consuls of the United States, any notary public, commis- sioners appointed for that purpose by the governor of the State. When taken before any of the fore- going officers having a seal, and his seal being attached to his certificate, no certificate is necessary as to the official character of the officer. When taken before any officer not having a seal, a certificate of the county clerk, or clerk of the proper court, is required as to his official character. In order to bar the dower of a married woman she must join with 124 Forms of her husband in a conveyance, and any fear or compulsion of her hus- must acknowledge the execution band, and the certificate must state separate and apart from her husband, the fact of such acknowledgment, and that she executed the deed of her See Brightley's Purdon's Dig.^ tit. own free will and accord, and without Deeds and Mortgages, §§ ig, etc. No. Ii6. Proof by ofilcer of corporation of execution of conveyance of real estate situated in Pennsylvania, by corporation. State of (Pennsylvania), ) ^^ . County of , ) Before me, the undersigned, a (here insert title of official), in and for said State and county, personally came (here in- sert name and title of officer taking the affidavit), who, being duly sworn, says, that he was personally present and saw the common and corporate seal of the above-named (here insert name of the corporation), affixed to the fore- going indenture ; that the seal so affixed is the common and corporate seal of said corporation and was so affixed by authority of said corporation as the act and deed thereof; that the signature of the president and secretary of said corporation are the genuine signatures of said president and secretary, and that they are the president and secretary of said corporation.' /o- l. r j ^ ^\ r S (Signature of deponent.) Sworn to and subscribed before me, this day of , A. D., I . (Signature and title.) I. See note I to form No. n6. No. 117. Certificate of acknowledgment of conveyance of real estate situated in Khode Island, by grantors and their -wives. (Pub. Stats, of Rhode Island, tit. XXII, chap. 173, § 3. Id., tit. XX, chap. 166, § 8.) UNITED STATES OF AMERICA, \ State of (Rhode Island), v ss.: County of , ) In the town (or, city) of , in said county and State, on this day of , A. D., i , J. D. personally ap- Acknowledgment and Proof of Deeds. 125 peared before me and acknowledged the within instrument, by him signed, to be his free and voluntary act and deed. [And at the same time and place E. D., wife of said J. D., being by me examined privately, separate and apart from her said husband, acknowledged and declared the same instru- ment by her signed and sealed, and by me then shown and explained to her, to be her voluntary act and deed, and that she did not wish to retract the same.^ A. B. (Official character.) I. No estate of inheritance or free- shall, nevertheless, be valid and hold, or for a term of not exceeding binding. (Id., § 4.) one year, in lands or tenements. Every conveyance of lands within shall be conveyed from one to an- the State, or any instrument relating other by deed, unless the same be in writing, signed, sealed and delivered by the party making the same, and acknowledged before a senator, judge, justice of the peace, mayor, notary public or town clerk, b)' the party or parties who shall have sealed or delivered it; and if the person conveying the same shall be without the State, in the military or naval service of the United States, the same thereto, executed without the State, and within the United States, may be acknowledged before any judge, justice of the peace, mayor or notary public in the State where the same is executed, or before any commis- sioner appointed by the governor of Rhode Island and duly qualified thereunto; and if without the limits of the United States, before any ambas- sador, minister, charge des aifaires. may be acknowledged before any consul, vice-consul, or commercial colonel, lieutenant-colonel, or major in the army, or before any officer of the navy not below the grade or rank of lieutenant-commander, and the deed shall be recorded or lodged to be recorded in the office of the town clerk of the town where the said agent of the United States, or before any commissioner, appointed and qualified as aforesaid in the country in which such deed or instrument is executed. (Id., § g.) Whenever a husband and wife, be- ing of lawful age, are seized of any lands lie, except in the case where the lands, tenements, or other real estate lands are in the city of Providence, in or any interest therein, in the right which case the deed must be re- corded in the office of the recorder of deeds. (Pub. Stats, of Rhode Island, tit. XXII, chap. 173, § 3.) All bargains and sales and other conveyances, whatsoever, of any lands, etc., for said terms or estates are declared void, unless they shall of the wife, they may convey the same by the same deed or by separate deeds, signed, sealed, delivered and acknowledged by them respectively. (Id., title XX, chap. 166, § 7.) The wife acknowledging such deed or instrument shall be examined privily and apart from her husband. be acknowledged and recorded as and shall declare to the officer taking aforesaid. Provided, that the same such acknowledgment that the deed between the parties and their heirs or instrument shown and explained 126 Forms of to her by such magistrate is her vol- simple, acknowledged before the Su- untary act, and that she does not preme Court or any Court of Corn- wish to retract the same. (Id., § 8.) mon Pleas in the State of Rhode Any person seized of an estate in Island. (Id., titl"- XXII, chap. 172, fee-tail may convey the same in fee. § 3.) No. 118. Certificate of acknowledgxneut of conveyance of real estate situated in Bhode Island, by attorney of grantor. (Pub. Stats, of Rhode Island, tit. XXII, chap. 173, § 3.) UNITED STATES OF AMERICA, \ State of (Rhode Island), i ss.: County of , ) J. D., by his attorney, R. R., appeared before me and ac- knowledged the within instrument, by him signed, to be his free and voluntary act and deed.' A. B. (OfRcial character.) I. See note i to form No. 117. No. 119. Certificate of acknowledgment of execution of conveyance of real estate situated in Bhode Island, by o£Q.cer of corpo- ration. (Pub. Stats, of Rhode Island, tit. XXII, chap. 173, § 3.) UNITED STATES OF AMERICA, \ State of ( ), v ss.: County of , ) Then personally appeared before me, on the day of I , at, etc., the above-named A. B., who signed and sealed the foregoing instrument as of the (here in- sert the name of the corporation), and acknowledged the same to be his free act and deed and the free act and deed of said (name of corporation). Before me.' A. B. (Official character.) I. See note i to form No. 117. Acknowledgment and Proof of Deeds. 127 No. 120. Certificate of proof, by subscribing witness, of execution of conveyance of real estate situated in South Carolina. (Rev. Stats, of South Carolina, 1882, § 1777.) State of (South Carolina), County of , ss.: I, F. G., a (judge, trial justice, or other officer, as the case may be), do hereby certify unto all whom it may concern, that on this day of , i ■, before me personally appeared E. F., with whom I am personally acquainted, and made oath that he saw the within-named C. D. sign, seal and deliver as his act and deed, the within conveyance for the uses and purposes therein mentioned ; and that he (with A. M., in the presence of each other) subscribed his name as a witness of the due execution thereof.^ E. F. (Signature of witness.) Sworn to before me, this day of — — , i — — -. [SEAL.] F. G. I. Before any deed or instrument in writing can be recorded in the proper office within the State, the execution thereof shall first be proved by the affidavit in writing of a subscribing witness to such instru- ment, taken before some officer, within the State, competent to ad- minister an oath, or before a com- missioner or commissioners ap- pointed by dedimus issued from the Court of Common Pleas of the county in which the instrument is to be recorded; or, if taken without the limits of the State, and within the United States, before a commissioner of deeds of the State of South Caro- lina, or before a clerk of a court of record, who shall certify the same under his official seal, or before a (Official title.) notary public, who shall affix thereto his official seal, accompanying the same with a certificate as to his offic- ial character, from a clerk of a court of record of the county in which the affidavit is taken; or, if taken with- out the United States, before a con- sul or vice-consul of the United States of America. When the affidavit of a subscribing witness cannot be had by reason of the death, insanity, or absence from the State of such wit- ness, then upon proof of such fact, and of the handwriting of the parties who signed the instrument, and of the subscribing witnesses, by proper affidavit, the proof in every case to be recorded with the instrument. (Rev. Stats, of South Carolina, 1882, part 2, tit. I, chap. 57, § 1777.) 128 Forms of When any feme covert shall relin- quish her right of dower in any real estate, and acknowledge the same if she be within the State, in open court, or before any judge of the Court of Common Pleas, or justice of the Su- preme Court, judge of Probate, clerk of the Court of Common Pleas, trial justice or notary public ; or, if she be without the State, before a com- missioner of deeds of the State of South Carolina, or before a commis- sioner appointed by dedimus, or be- fore any consul or vice-consul of the United States, or a clerk of a court of record, or before a notary public, who n ust append to the certificate the official seal used by him; and, in the case of the certificate of a notary public, his official character must be attested by a clerk of a court of record of the county in which he may reside, and such acknowledgment shall be recorded, the same shall be effectual in law to convey and pass away the right of such feme covert, although she had not executed or ac- knowledged any deed of conveyance for that purpose. (Id., § 1797.) The wife of any grantor conveying real estate, by deed of release, may, if she be of lawful age, release, re- nounce, and bar herself of her dower in all the premises so conveyed, by acknowledging as prescribed in the preceding section of this chapter, upon a private and separate examina- tion, that she did freely and volun- tarily, without any compulsion, dread or fear of any person whomsoever renounce and release her dower to the grantee, and his heirs and assigns, in the premises mentioned in such deed, such renunciation to be re- corded within forty days. When a husband dies intestate, and his widow accepts her distributive share in his estate, she shall be barred of her dower in the lands, of which her husband died seized, and of all such as he had aliened. (Id. , § 1797.) A certificate, under the hand of the woman, and the hand and seal of the officer or officers aforesaid, shall be indorsed upon such release, or a separate in-strument of writing to the same effect, in the form, or to the purport hereafter following, and be recorded in the office of the register of mesne conveyances, in the county where the land lies (here is inserted form No. 121.) (Id., § 1798.) The real and personal property of a married woman, whether held by her at the time of her marriage or accrued to her thereafter, either by gift, grant, inheritance, devise, pur- chase or otherwise, shall not be sub- ject to levy and sale for her hus- band's debts, but shall be her sepa- rate property. (Id., § 2035.) A married woman shall have power to bequeath, devise or convey her separate property in the same manner and to the same extent as if she were unmarried; and, dying intestate, her property shall descend in the same manner as the law provides for the descent of property of husbands; and all deeds, mortgages.and legal instru- ments of whatever kind, shall be exe- cuted by her in the same manner, and have the same legal force and eifect, as if she were unmarried. (Id., § 2036.) Acknowledgment and Proof of Deeds. 129 No. 121. Certificate of acknowledgment of relinquishment, by married woman, of dower in real estate conveyed by husband in South Carolina. (Rev. Stats, of South Carolina, 1882, § 1797.) The State of (South Carolina), ) County of , ( I, F. G., — — (judge, trial justice, or other officer, as the case may be), do hereby certify unto all whom it may con- cern, that E. B., the wife of the within-named A. B., did this day appear before me, and upon being privately and separately examined by me, declared that she does freely, voluntarily and without any compulsion, dread or fear of any person or persons whomsoever, renounce, release and forever relinquish unto the within-named C. D., his heirs and as- signs, all her interest and estate, and also all her right and claim of dower of, in or to, all and singular the premises within mentioned and released.^ Given under my hand and seal, etc. F. G. (Official title.) I. See note i to form No. 120. No. 122. Certificate of acknowledgment, by individual, of conveyance of lands situated in South Dakota. (Civ. Code Dakota Terr., §§ 3277, '8, '9.) Same as in form No. 21.* I. Acknowledgments of deeds. United States, before either a jus- etc., to be used and recorded in the tice, judge or clerk of any court of State of South Dakota, may be taken record of the United States, or of within theStatebeforeajustice.judge any State or Territory, notary pub- or clerk of any court of record, no- lie, commissioner for South Dakota tary public, mayor of a city, register appointed by the governor of the of deeds or justice of the peace State, or any other ofBcer of the within their several jurisdictions. State or Territory where the acknowl- Out of the State and within the edgment is made, authorized by its 17 130 Forms of law to take such proof or acknowl- accredited in the country where the edgment. acknowledgment is made, judge of In foreign countries before a min- a court of record of the country ister, commissioner, charge d'affaires where the acknowledgment is made, of the United States resident and or a notary public of such country. No. 123. Same certificate of acknowledgment by attorney iu fact of grantor. (Civ. Code Dakota Terr., §§ 3277, etc.) Same as in form No. 22. No. 124. Same certificate of acknowledgment by officer of corporation. (Civ. Code Dakota Terr., §§ 3277, etc.) Same as in form No. 23. No. 125. Certificate of proof, by subscribing witness, to conveyance of land situated in South Dakota. (Civ. Code Dakota Terr., §§ 3277, etc.) Same as in form No. 24. No. 126. Certificate of proof by party to conveyance of land situated in South Dakota. (Civ. Code Dakota Terr., §§ 3277, etc.) Same as in form No. 25. No. 127. Certificate of acknowledgment of conveyance of real es- tate situated in Tennessee, before clerk of county court or his deputy. (Code of Tennessee, 1884, § 2855.) State of (Tennessee), ] County of , i Personally appeared before me [clerk (or, deputy clerk) of the County Court of said county], the within-named bar- Acknowledgment and Proof of Deeds. 131 gainor (insert name), with whom I am personally acquainted, and acknowledged that he executed the within instrument for the uses and purposes therein contained. Witness my hand at office, this day of , i } [SEAL, when required.] I. To authenticate an instrument for registration, its execution shall he acknowledged by the maker, or proved by two subscribing witnesses, at least. (Code of Tennessee, 1884, § 2850.) If the person executing the instru- ment resides or is within the State, the acknowledgment shall be made before the clerk, or legally appointed deputy clerk of the County Court of some county in the State. (Id., § 2851.) Notaries public of the several counties of the State, duly and regu- larly appointed, commissioned and ■qualified, are authorized and em- powered to take acknowledgments of instruments required for registra- tion, in the same manner and under the same rules and regulations as govern County Court clerks; and a notary public taking such acknowl- edgment shall certify the same un- der his official seal. (Id., § 2852.) If the person executing the instru- ment resides or is beyond or without the limits of the State, but within the Union or its Territories, the acknowl- edgment may be made: First. Before any court of record, or before the clerk of any court of record in any of the States of the Union; or, second, before a commis- sioner for Tennessee, appointed by the governor in any State or Territory of the Union; third, before a notary public of such State or Territory. (Id., § 2853.) If the person executing the instru- ment resides or is beyond the limits of the Union and its Territories, the acknowledgment may be made: (Signature and title.) First. Before a commissioner for Tennessee, appointed in the country where the acknowledgment is made. Second. Before a notary public of such country. Third. Before a consul, minister or ambassador of the United States in the country where the acknowl- edgment is made. (Id., § 2854.) If the acknowledgment be made before a clerk or deputy clerk of the County Court of the State of Tennes- see, he shall write upon or annex to the instrument the following certifi- cate : (here is inserted form No. 127.) (Id., § 2855.) If the acknowledgment be before a notary, commissioner of the State, or a consul, minister or ambassador, he shall make the certificate under his seal of office. (Id., § 2856.) If it be made before a judge, he shall make the certificate under his hand, and thereupon the clerk of his court shall certify, under his seal of office, if there be a seal, or under his private seal, if there be none, as to the official character of the judge, or the official character of the judge may be certified by the governor of the State or Territory, under the great seal thereof. (Id., § 2857.) If it be made before a court of record, a copy of the entry of the ac- knowledgment on the record shall be certified by the clerk under his seal of office, if there be a seal, or if there be none, under his private seal; and the judge, chief justice or pre- siding magistrate of the court shall certify as to the official character of the clerk. (Id., § 2858.) 132 Forms of If the acknowledgment or probate be before a clerk of some court of record of another State of the Union, and certified by him under his seal of office, the judge, chief justice, or presiding magistrate of the court shall certify to the official character of the clerk. (Id., § 2859.) If the subscribing witnesses appear before the clerk or deputy clerk of the County Court of any county of the State, and prove the facts neces- sary to authenticate the instrument, the clerk shall thereupon write on the back or some other part of the instrument the following certificate: (here is inserted form No. 130.) (Id., § 2873.) Every deed or other instrument of writing executed by husband and wife, and acknowledged or proved and registered in the manner herein- after prescribed, shall bind them, their heirs or assigns. The officer or court before whom the execution of such deed or instrument is ac- knowledged or proved shall examine the wife privately and apart from her husband, touching her voluntary execution of the same, and her knowledge of its contents and ef- fect; and if she acknowledges or states that it is executed freely and voluntarily, and without any com- pulsion of her husband, and the clerk or other officer is satisfied that she fully understands the same, he shall, in addition to the certificate of probate or acknowledgment above prescribed, also put on the back of the deed, or annex to it, the follow- ing certificate: (here is inserted last clause of form No. 129.; (Id., § 2891.) When the wife is unable, from age, sickness, or debility, or other cause, to appear before the clerk, he shall issue a commission to any justice of the peace, judge of any court of rec- ord, or mayor of a city or corporation, to take her privy examination, which commission shall be indorsed on the deed or attached to it, and shall be in the following form: " State of (Tennessee), ) County, j *" " To , Esq.: You are hereby authorized and empowered to take the examination of , privately and apart from her husband, relative to the free execution of the within (or, annexed) deed, and the same so taken, to certify under your hand and seal. " Witness, , clerk of the court of , at office, the day of , I ." (Id., § 2892.) And the commissioner shall in- dorse upon or attach to the deed the following certificate: " State of (Tennessee), ) County, ) " , wife of , having person- ally appeared before me, and having by virtue of the authority in me vested, been examined privately and apart from her said husband, and she having acknowledged the due execu- tion of the within (or, annexed) deed, by her freely, voluntarily, and under- standingly, without compulsion or constraint by her said husband, and for the purposes therein expressed, the same is therefore certified. "Witness my hand and seal this day of , I ." (Id., § 2893.) Acknowledgment and Proof of Deeds. 133 No. 128. Certificate of acknowledgment of conveyance of real estate situated in Tennessee, before commissioner for Tennessee. (Code of Tennessee, 1884, § 2855.) State of ( ■), I ss.: County of Before me, A. B., a commissioner of the State of Tennes- see, appointed, qualified and commissioned to take probate of deeds, etc., for registration and use in the State of Ten- nessee, personally appeared C. D'., the within-named bar- gainor, with whom I am personally acquainted, and acknowl- edged that he executed the within instrument for the purposes, therein contained. Witness my hand and official seal, this day of , I- [OFFICIAL SEAL.] (Signature and title.) I. See note l to form No. 127. No. 129. Certificate of acknowledgment, by husband and wife, of con- veyance of real property situated in Tennessee. (Code of Tennessee, 1884, § 2891.) State of ( ), ^ , ss.: County of- Before me, A. B., a (commissioner for the State of Ten- nessee, appointed, qualified and commissioned to take pro- bate of deeds, etc., for registration and use in the State of Tennessee), personally appeared C. E. and D. E., his wife, the within-named bargainors, with whom I am personally ac- quainted, and acknowledged that they executed the an- nexed instrument for the purposes therein expressed, and D. E., wife of the said C. E., having personally appeared before me privately and apart from her husband, the said C. E., ac- knowledged the execution of the said instrument to have been done by her freely, voluntarily and understandingly. 134 Forms of without compulsion or restraint from her said husband, and for the purposes therein expressed. Witness my hand and official seal, this day of , rgg^L 1 (Signature and title.) I. See note i to form No. 127. No. 130. Certificate of proof of execution of conveyance of real estate situated in Tennessee, toy subscribing witnesses. (Code of Tennessee, 1884, § 2873.) State of ( — County of- Before me, A. B., a (commissioner of the State of Ten- nessee, appointed, qualified and commissioned to take pro- bate of deeds, etc., for registration in the State of Tennessee), personally appeared E. F. and G. H., the subscribing wit- nesses to the within instrument, who, being first sworn, de- posed and said that they are acquainted with C. D., the bargainor, and that he acknowledged the said instrument, in .their presence, to be his act and deed, on the day it bears, date (or, stating time as proved by witnesses). Witness my hand and seal of office, this day of • ,. I } [OFFICIAL SEAL, when required.] (Signature and title.) I. See note I to form No. 127 No. 131. Certificate of acknowledgment of conveyance of real estate- situated in the State of Texas, ordinary form. (Rev. Stats, of Texas, 1879, '^''t- 4312.) State of (Texas), _ , ss.: County of - Before me (here insert name and character of officer), on this day personally appeared ■ , known to me (or, proved to me on the oath of ) to be the person whose name is subscribed to the foregoing instrument, and acknowledged Acknowledgment and Proof of Deeds. 135 to me that he executed the same for the purposes and con- sideration therein expressed. Given under my hand and seal of office, this day of , A. D., I } [SEAL.] I. The acknowledgment or proof of an instrument of writing for record, may be made within the State, be- fore either a clerk of the District Court, a judge or clerk of the County Court, or a notary public. (Rev. Stats, of Texas, 1879, art. 4305.) Such acknowledgment or proof may be made without the State, but within the United States or their Territories, before either a clerk of some court of record having a seal, a commissioner of deeds duly ap- pointed under the laws of the State of Texas, or a notary public. (Id., art. 4306.) Such acknowledgment or proof may be made without the United States, before either a minister, com- missioner or charge d'affaires of the United States, resident and accred- ited in the country where the proof or acknowledgment is made, or a notary public. (Id., art. 4307.) The acknowledgment of an instru- ment in writing, for the purpose of being recorded, shall be by the grantor or person who executed the same, appearing before some officer authorized to take such acknowledg- ment, and stating that he had exe- ciited the same for the consideration and purposes therein stated ; and the officer taking such acknowledgment shall make a certificate thereof, sign and seal the same with his seal of office. (Id., art. 4308.) No acknowledgment of any in- strument in writing shall be taken, unless the officer taking it knows, or has satisfactory evidence on the oath or affirmation of a credible witness, (Signature and title.) which shall be noted in his certificate, that the person making such ac- knowledgment is the individual who executed and is described in the in- strument. (Id., art. 4309.) No acknowledgment of a married woman to any conveyance or other instrument, purporting to be exe- cuted by her, shall be taken unless she has had the same shown to her, and then and there fully explained by the officer taking the acknowledg- ment, on an examination privily and apart from her husband; nor shall he certify to the same, unless she there- upon acknowledges to such officer that the same is her act and deed, that she has willinglj' signed the same, and that she wishes not to re- tract it. (Id., art. 4310.) Any officer taking the acknowl- edgment of a deed or other instru- ment in writing must place thereon his official certificate, signed by him and given under his seal of office, substantially in form as hereinafter prescribed. (Id., art. 4312.) The form of an ordinary certificate of acknowledgment must be substan- tially as follows: (here is inserted form No. 131.) CId., art. 4312.) The certificate of acknowledgment of a married woman must be sub- stantially in the following form: (here is inserted form No. 132.) (Id., art. 4313.) The certificate of the officer, where the execution of the instrument is proved by a witness, must be sub- stantially in the following form : (here is inserted form No. 133.) (Id., art. 4316.) 136 Forms of No. 132. Certificate of acknowledgment, by married woman, of convey- ance of real estate situated in Texas. (Rev. Stats, of Texas, 1879, art. 4313.) State of (Texas), , ss.. County of Before me (here insert name and character of ofiScer), on this day personally appeared , wife of , known to me (or, proved to me on oath of ) to be the person whose name is subscribed to the foregoing instrument, and having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said , acknowledged such instrument to be her act and deed, and declared that she had willingly signed the same for the purposes therein expressed, and that she did not wish to retract it.'' [SEAL.J (Signature and title.) I. See note i to form No. 131. No. 133. Certificate of proof, by subscribing witness, of conveyance of real property situated in Texas. (Rev. Stats, of Texas, 1879, ^rt. 4316.) State of (Texas), „ . , ss.. County of ■ Before me (here insert name ^nd character of ofificer), on this day personally appeared , known to me (or, proved to me on the oath of ), to be the person whose name is subscribed as a witness to the foregoing instrument of writ- ing, and after being duly sworn by me, stated on oath that he saw , the grantor (or, the person who executed the fore- going instrument), subscribe the same (or, the grantor or person who executed such instrument of writing, acknowl- edged in his presence that he had executed the same for the Acknowledgment and Proof of Deeds. 137 purposes and consideration therein expressed), and that he had signed the same as a witness at the request of the grantor (or, person who executed the same). Given under my hand and seal of office, this day of , A. D., I .' [SEAL.J (Signature and title.) See note i to form No. 131. No. 134. Certificate of ackncwledgment of conveyance of real estate situated in Utah Territory, by person known to officer. (Comp. Laws of Utah, §§ 2626, 2629.) Territory of (Utah), | County of , ) On this day of , A. D., one thousand eight hun- dred and , personally appeared before me, A. B. (a notary public, judge, or other officer, as the case may be), in and for said county, C. D., personally known to me to be the person described in and who executed the foregoing instru- ment, who acknowledged to me that he executed the same, freely and voluntarily, and for the uses and purposes therein mentioned. In witness whereof, etc' (Signature and title.) [SEAL, when required.] I. Every conveyance in writing, Second. When granted by an of- whereby any real estate is conveyed ficer who has a seal of office, under or may be affected, shall be acknowl- the hand and official seal of such edged, or proved and certified, in officer. the manner hereinafter provided. Third. When granted by a justice (Comp. Laws of Utah, § 2624.) of the peace, then under his hand. Every officer who shall take the (Id., §2626.) proof or acknowledgment of any con- Such certificate shall be substan- veyance affecting any real estate tially in the following form, to-wit shall grant a certificate thereof, and (here is inserted form No. 134). (Id., cause such certificate to be indorsed § 2629.) or annexed to such conveyance. When the grantor is unknown to Such certificate shall be: the judge or other officer taking the First. When granted by any judge acknowledgment, the certificate shall or clerk, under the hand of such be in the following form, to-wit judge or clerk, and the seal of the (here is inserted form No. 135). (Id., court. § 2630. 18 138 Forms of If acknowledged or certified within fore a notary public, or a minister, the Territory of Utah, it must be be- commissioner or consul of the fore a judge or clerk of a court hav- United States, appointed to reside ing a seal, or some notary public or therein. (Comp. Laws of Utah, county recorder, or before a justice § 2625.) of the peace of the county where the When any of the officers above conveyance is executed and to be re- named are authorized to appoint a corded. If acknowledged or proved deputy, such acknowledgment or without the Territory and within the proof may be taken before such United States, it must be before a deputy acting in the name of his judge or clerk of any court of the principal. (Id.) United States, or of any State or A wife need not unite with her Territory having a seal, or before a husband, nor a husband with his notary public, or a commissioner of wife, in a deed or an acknowledg- deeds for the Territory. If acknowl- ment. Neither has any legal inter- edged or proved out of the United est in the property of the other, and States, it must be before a judge or a married woman may convey her clerk of any court of any State, king- property as if single. (Id., §§ 2528- dom or empire having a seal, or be- 2530.) No. 135. Certificate of acknowledgment of execution of conveyance of real estate situated in Utah Territory, by grantor un- known to ofilcer. (Comp. Laws of Utah, §§ 2626, 2630.) Territory of (Utah), , ss.: County of - On this day of , A. D., one thousand eight hun- dred and , personally appeared before me, A. B. (a no- tary public, judge, or other officer, as the case may be), in and for said county, C. D., satisfactorily proved to me to be the person described in and who executed the within (or, an- nexed) conveyance by the oath of E. F., a competent and credible witness for that purpose, by me duly sworn, and he, the said C. D., acknowledged that he executed the same freely and voluntarily for the uses and purposes therein men- tioned. In witness whereof, etc.'' [SEAL, when required.] (Signature and title.) I. See note i to form No 134. ACKNOWLEDGMENT AND PROOF OF DEEDS. 1 39 No. 136. Certificate of proof, by subscribing witness, of execution of conveyance of real estate situated in Utah Territory. (Comp. Laws of Utah, § 2634.) Territory of (Utah), County of- , On this day of , A. D., one thousand eight hun- dred and , before me, A. B. (a notary public, judge, or other officer, as the case may be), in and for said county per- sonally appeared C. D., personally known to me (or, satisfac- torily proved to me by the oath of E. F., a competent and credible witness for that purpose by me duly sworn) to be the same person whose name is subscribed to the annexed instrument as a witness thereto, who, being by me duly sworn, deposes and says that he resides in the county of , and Territory (or, State) of ; that he was present and saw G. H., personally known to him to be the person described in and who executed the annexed instrument as a party thereto, sign, seal and deliver the same, and heard him ac- knowledge that he executed the same freely and voluntarily and for the uses and purposes therein mentioned, and that he, the deponent, thereupon signed his name as a subscribing witness thereto, at the request of the said G. H. In witness whereof, etc.* [SEAL, when required.] (Signature and title.) I. See note i to form No. 134. No. 137. Certificate of acknowledgment of conveyance of real estate situated in TTtali Territory, by oflB.cer of corporation. (Comp. Laws of Utah, § 2626.) Territory of (Utah), County of , On this day of , in the year one thousand eight hundred and , before me, A. B. (a notary public, or other officer, as the case may be), in and for the said county of > personally appeared C. D., known to me to be the president I40 Forms of (or, other officer, as the case may be) of the (here name the corporation) the corporation that executed the within instru- ment, and acknowledged to me that such corporation exe- cuted the same freely and voluntarily, and for the purposes therein mentioned. In witness whereof, etc' [SEAL, when required.] (Signature and title.) 1. See note i to form No. 134. No. 138. Certifloate of acknowledgment of execution of conveyance, by attorney in fact of grantor, of real estate situated in Utai, Territory. (Comp. Laws of Utah, § 2626.) Territory of (Utah), ) ^^ . County of , [ On this day of , one thousand eight hundred and -, before me, A. B. (a notary public, judge, or other officer, as the case may be), personally appeared C. D., personally known to me to be the same person whose name is subscribed to the within instrument as attorney in fact of E. F., and the said C. D. duly acknowledged to me that he subscribed the name of the said E. F. thereto as principal and his own as attorney in fact, and that he executed the same freely and voluntarily, and for the uses and purposes therein men- tioned. , In witness whereof, etc' (Signature and title.) I. See note i to form No. 134. No. 139. Certificate of acknowledgment of conveyance of real estate situated in Vermont, by grantor. (Rev. Laws of Vermont, 1880, § 1927.) State of ( )A ss.: County of , i At (stating place), on this day of , A. D., i , A. B. personally appeared and acknowledged this instrument, Acknowledgment and Proof of Deeds. 141 by (him) sealed and subscribed, to be (his) free act and deed.i C. F. Before me. (Official title.) I. Deeds and other conveyances of lands, or of an estate or interest therein, shall be signed and sealed by the party granting the same, and signed by two or more witnesses, and acknowledged by the grantor, before a justice, town clerk, notary public, master in chancery, county clerk, or judge or register of pro- bate, and recorded at length in the clerk's office of the town in which such lands lie. Such acknowledg- ment before a notary public shall be valid without his official seal being affixed to the signature. (Rev. Laws of Vermont, 1880, § 1927.) Deeds and other conveyances and powers of attorney for the convey- ance of lands, the acknowledgment or proof of which is taken without the State, if certified agreeable to the laws of the State, province or king- dom in which such acknowledg- ment or proof is taken, shall be as valid as though the same were taken before a proper officer or court in the State of Vermont; and the proof of the same may be taken, and the same acknowledged with like effect, before a justice of the peace, magis- trate or notary public, within the United States, or in a foreign coun- try, or before a commissioner ap- pointed for that purpose by the governor of Vermont, or before a minister, charge d'afTaireSj consul or vice-consul of the United States in a foreign country. (Id., § 1946.) A husband and wife may, by their joint deed, convey the real estate of the wife as she might do by her separate deed, if unmarried; but the wife shall not be bound by a cove- nant contained in such joint deed. (Id., § 1923.) No. 140. Certificate of acknowledgment of conveyance of real estate situated in "Virginia. (Code of Virginia, 1887, § 2501.) State of Virginia, County {or corporation) of , to-wit : I, , clerk of court (or, a justice of the peace. or commissioner in chancery of the court, or notary public), for the county (or, corporation) aforesaid in the State (or, Territory or district of , or, I, , a com- missioner appointed by the governor of Virginia for said State (or, Territory or district), do certify that E. F. (or, E. F. and G. H., etc.), whose name (or, names) is (or, are) signed to the writing above (or, hereunto annexed), bear- 142 Forms of ing date on the day of , i , has or have acknowl- edged the same before me, in my county (or, corporation) aforesaid. Given under my hand, this day of } (Ofificial signature.) I. Except where it is otherwise provided, the court of any county or corporation (other than the city of Richmond) in which any writing is to be or may be recorded, and the Chan- cery Court of the city of Richmond, when any such writing is to be or may be recorded in the said city, or the clerk of any such court, in his ofiSce, shall admit to record any such writing, as to any person whose name is signed thereto, when it shall have been acknowledged by him or proved by two witnesses as to him In such court, or before such clerk iahis office, (Codeof Virginia, 1887, § 2500.) Such court or clerk shall also ad- mit any such writing to record, as to any person whose name is signed thereto, upon a certificate of his acknowledgment before the said clerk, or a justice, a commissioner in chancery of a court of record, or a notary, within the United States, written on or annexed to the same, to the following eifect, to-wit: ' ' County (or, corporation) of , to- wit: " I, , clerk of court (or, a justice of the peace or commissioner in chancery of the court, or no- tary public) for the county (or, corpo- ration) aforesaid in the State or Ter- ritory (or, district) of , do certify that E. F. (or, E. F. and G. H., etc.), whose name (or, names) is (or, are) signed to the writing above (or, hereto annexed), bearing date on the day of , has (or, have) ac- knowledged the same before me, in my county (or, corporation) afore- said. " Given under my hand, this day of ." Or upon the certificate of acknowl- edgment of such person before any commissioner appointed by the gov- ernor, within the United States, so written or annexed, to the following effect, to-wit: "State (or. Territory or District) of , to-wit: "I, , a commissioner appointed by the governor, within the United States, for the said State (or, Terri- tory or district) of , certify that E. F. (or, E. F. and G. H., etc.), whose name (or, names) is (or, are) signed to the writing above (or, hereto annexed), bearing date on the day of , has (or, have) ac- knowledged the same before me, in my State (or. Territory or district) aforesaid. " Given under ray hand, this day of , Anno Domini, ." Or upon the certificate of the clerk of any County or Corporation Court In the State of Virginia, or of the clerk of any court out of that State, and within the United States, that the said writing was acknowledged by such person, or proved as to him by two witnesses before such clerk, or before the court of which he is a clerk, or upon certain certificate un- der the oificial seal of any minister plenipotentiary, charge d'affaires, consul-general, consul, vice-consul or commercial agent appointed by the government of the United States Acknowledgment and Proof of Deeds. 143 to any foreign country; or of the proper oiBcer of any court of such •country, or of the mayor or chief magistrate of any city, town or cor- poration therein, that the said writing was aclcnowjedged by such person, or proved as to him by two witnesses, before any person having such ap- pointment, or before such court, mayor or chief magistrate. (Id., § 2501.) A writing signed by husband and wife and acknowledged as above, purporting to convey property, and being admitted to record as to the husband as well as the wife, is suffi- cient to convey the wife's dower right, and any interest she may have in the property at the date of the writing, as effectually as if she were, at the said date, an unmarried woman. (Id., § 2502.) No. 141. Certificate of acknowledgment of conveyance of real estate situated in State of Washington. (Hill's Ann. Stats, of Washington, 189 1, Gen. Stats., i State of (Washington), County of -, I43S-) I (here give name and official title) do hereby certify that on this day of , i , personally appeared before me (name of grantor or mortgagor, and if acknowledged by wife, her name, and add " his wife "), to me known to be the individual (or, individuals) described in and who executed the within instrument, and acknowledged that he (she, or they) signed and sealed the same as (his, her or their) free and vol- untary act and deed, for the uses and purposes therein men- tioned. Given under my hand and official seal, this day of , A. D., I } [SEAL.] I. Acknowledgments of deeds, mortgages and other instruments in writing may be taken in the State of Washington, before a judge of the Supreme Court, or the clerk thereof, or the deputy of such clerk, before a judge of the Superior Court in that State, or the clerk thereof, or the deputy of such clerk, or before a jus- tice of the peace, or a county auditor, or the deputy of such auditor, or a qualified notary public. (Hill's Ann. (Signature of officer.) Stats, of Washington, 1891, Gen. Stats., § 1430.) Deeds or conveyances of lands, or of any estate or interest therein, situ- ated in the State of Washington, may be executed or acknowledged in any other State or Territory of the United States, in the form prescribed for executing and acknowledging deeds within the State of Washington, and the execution thereof may be ac- knowledged before any person au- 144 Forms of thorized to take acknowledgments of deeds, by the laws of the State or Territory wherein the acknowledg- ment is taken, or before any comraisr sioner appointed by the governor of the State of Washington for such pur- pose. (Id., § 1431.) In the cases provided for in the preceding section, unless the ac- knowledgment be taken by a com- missioner appointed by the governor of the State of Washington for that purpose, or by the clerk of the court of record of said State or Territory, or by a notary public or other officer having a seal of office, then such deed shall have attached thereto a certifi- cate of the clerk of the court of record under the seal of said county or district, or a certificate of any other proper certifying officer of said district or county, within which said acknowledgment was taken, that the person whose name is subscribed to the certificate of acknowledgment was at the date thereof such officer as he therein represents himself to be, that he is authorized by law to take acknowledgments of deeds, and that he verily believes the signature of the person subscribed thereto to be genuine. (Id., § 1432.) Acknowledgments of all deeds, mortgages, and other instruments in writing that are required to be ac- knowledged by any law of the State of Washington, may be made and taken in any foreign country beyond the limits of the United States, be- fore any minister plenipotentiary, secretary of legation, charge d'affaires, consul-general, consul, vice-consul, or commercial agent appointed by the government of the United States, or before the proper officer of any court of said country, or before the mayor or other chief magistrate of any city, town, or other municipal corporation therein. (Id., § 1434.) The person or officer taking such acknowledgment shal]^ certify the same by a certificate written on or annexed to said mortgage, deed or instrument, which certificate shall be under his official seal, if any he has, and such certificate shall recite in substance that the deed, mortgage, or instrument was acknowledged by the person or persons whose name or names are signed thereto, as grantor or principal, before him as such officer, with the date of such ac- knowledgment. (Id., § 1435.) A certificate of acknowledgment, substantially in the following form, shall be sufficient : (here is given form No. 141). (Id., § 1437.) By section 1427, id., the use of pri- vate seals upon all deeds, mortgages, leases, bonds, and other instruments, and contracts in writing is abolished, and the addition of a private seal to any such instrument or contract in writing thereafter made shall not affect its validity or legality in any respect. This section 1427 was passed a day later than section 1437 above re- feirred to at the same session, in the form of acknowledgment prescribed by which the words "signed and sealed " are contained. (See note to § 1427 in above statutes.) It is not necessary to take the ac- knowledgment of the wife separate and apart from her husband. In the case of a mortgage upon the home- stead, she must sign and acknowl- edge such mortgage in order to ren- der the same valid as against her. Acknowledgment and Proof of Deeds. 145 No. 142. Certificate of acknowledgment of conveyance of real estate situated in West Virginia. (Code of West Virginia, 1891, chap. 73, § 2.) State (Territory or District) of , county of , to-wit : I (name of officer), a commissioner, appointed by the gov- ernor of the State of West Virginia, for the said State (or, Territory or district) of ; or, I (name of officer), a jus- tice (*) of the county aforesaid ; or, I (name of officer), re- corder of said county ; or, I (name of officer), a notary of said county ; or, I (name of officer), a prothonotary or clerk of the ' Court of said county, do certify that , whose name (or, names) is (or, are) signed to the writing above (or, hereto annexed), bearing date on the day of , i , has (or, have) this day acknowledged the same before me, in my said .(•j-) Given under my hand, this day of , i .' [seal, when required.] (Signature and title of officer.) I. The clerk of the County Court the State of West Virginia, written or of any county in which any deed, annexed to the same, to the foUow- contract, power of attorney or other ing effect, to-wit: (here is inserted writing is to be or may be recorded, form No. 142). shall admit the same to record in his Or upon a certificate so written or office, as to any person whose name annexed, under the official seal of is signed thereto, when it shall have any minister plenipotentiary, charge been acknowledged by him or proved d'affaires, consul-general, consul, by two witnesses as to him, before deputy consul, vice-consul, consular such clerk of the County Court, agent, vice-consular agent, commer- (Codeof W. Va., 1891, chap. 73, §2.) cial agent or vice-commercial agent Such clerk shall also admit any appointed by the government of the writing to record as to any person United States to any foreign country, whose name is signed thereto, upon or of the proper officer of any court of the request of any person interested such country, or of the mayor or other therein, upon a certificate of his ac- chief magistrate of any city, town or knowledgment before a justice, no- corporation therein, that the said tary public, recorder, prothonotary or writing was acknowledged by such clerk of any court within the United person, or proved as to him by two States, or a commissioner appointed witnesses, before any person having within the same by the governor of such appointment, or before such 19 146 Forms of court, mayor or chief magistrate. If the acknowledgment be before a no- tary without the State, he shall cer- tify the same under his official seal. (Id., §3-) When a husband and wife have signed a writing purporting to con- vey real estate, the wife may ac- knowledge the same together with or separately from her husband. If both acknowledge said writing at the same time, the certificate of such acknowledgment shall be in form or effect as follows: (here is inserted form No. 143). If a wife acknowledge a deed or other writing separately from her hus- band, the certificate of her acknowl- edgment after the (*) in the foregoing form, shall be in the form or effect as follows: (here is inserted form No. 143). If the acknowledgment be before a notary without the State of West Virginia, he shall certify the same under his official seal. (Id., § 4.) The certificate of acknowledgment of a corporation or joint-stock asso- ciation may be in form or effect as prescribed in the next preceding sec- tion down to the (*), and then as fol- lows : (here is inserted form No. 144). (Id., § 5.) If the deed is executed by a married woman, who, at the time of its exe- cution and acknowledgment, is living separate and apart from her husband, or whose husband is non compos men- tis, and such deed be for real estate which is her sole and separate prop- erty, such facts shall be recited in the deed; and if her husband has not joined therein, no person authorized by the provisions of section 4 of this chapter to take such acknowledg- ment shall take and certify the same, until it is proved to his satisfaction that such real estate is the sole and separate property of such married woman, and that she was and is liv- ing separate and apart from her hus- band, or that her husband is non compos mentis at the date of such deed, and the acknowledgment thereof; and it shall be stated in the certifi- cate of such acknowledgment that all of such facts were shown to the satis- faction of the person taking the same. The certificate as to such facts may be in form or effect as follows: (here is inserted last clause in form No. 143). Such certificate shall, in all cases, when the validity of such deed comes in question, be prima facie evidence of the facts therein stated. If any person shall willfully make any false certificate contrary to the true facts of the case, he shall be guilty of a misdemeanor, and, upon conviction thereof, be fined and imprisoned' at the discretion of the court. (Id., § 6.) No. 143. Certificate of acknowledgment by husband and wife, or by wife, of conveyance of real estate situated in West Virginia. (Code of West Virginia, 1891, chap. 73, § 3.) As in form No. 142, to (*), and frorh thence as follows : of the peace of said county of ; or, I (name of officer), a notary of the said county of ; or, I (name of officer), Acknowledgment and Proof of Deeds. 147 a prothonotary (or, clerk) of the Court (or, county) of ; or, other officer or person authorized to take acknowl- edgments by section 3 of this chapter, as the case may be (f ), do certify that and , his wife (or, that , the wife of ), whose name (or, names) is (or, are) signed to the writing above (or, hereto annexed), bearing date the day of , I , have (or, has) this day acknowl- edged the same before me in my said (and I further certify that before taking such acknowledgment, it was proved to my satisfaction that the real estate in said writing men- tioned was the sole and separate property of said , and that she was at the date of such writing, and now is, living separate and apart from her husband (or, that her husband is non compos mentis). Given under my hand, this day of , i } [SEAL, when required.] (Signature and title of ofiScer.) I. See note i, to form No. 142. No. 144. Certificate of acknowledgment, by corporation or joint-stock association, of conveyance of real estate situated in West Virginia. (Code of West Virginia, 1891, chap. 73, § 5.) As in form No. 142, to (*) and from thence as follows : do certify that personally appeared before me in. my said , and being by me duly sworn (or, afifirmed), did depose and say, that he is the president (or, other officer or agent) of the corporation (or, association) described in the writing above (or, hereto annexed), bearing date the day of , I , authorized by said corporation (or, asso- ciation) to execute and acknowledge deeds and other writ- ings of said corporation (or, association), and that the seal affixed to said writing is the corporate seal of said corpora- tion (or, the seal of said association as the case may be), and that said writing was signed and sealed by him in behalf of said corporation (or, association) by its authority 148 Forms of duly given. And the said acknowledged the said writ- ing to be the act and deed of said corporation (or, associa- tion).i [SEAL, when required.] (Signature and title of officer taking acknowledgment.) I. See note i, to form No. 142. If the corporation has no corporate seal, or the association has no seal, omit the words "seal affixed to said writing is the corporate seal of said corporation (or, the seal of said asso- ciation, as the case may be)," and say No. " said corporation (or, association)- has no seal." And in such case omit the word " sealed " after the words " signed and," and insert, in lieu of it, the word " executed." (Code W. Va., 1891, chap. 73, § 5.) 145- ss.. Certificate of acknowledgment of conveyance of real estate situated in Wisconsin, by grantor. (Ann. Stats, of Wisconsin, § 2217.) State of (Wisconsin), ) county, S Personally came before me, this day of , i , the above (or, within) named A. B. and C. B., his wife (or, if an officer, adding the name of his office), to me known to be the person (or persons) who executed the foregoing (or, with- in) instrument, and acknowledged the same.' E. F., (Insert designation of officer.) i. Conveyances of land, or of any lands, or any interest therein, may acknowledge the execution thereof before any judge or clerk of a court of record, court commissioner, county clerk, register of deeds, notary pub- lic, or justice of the peace. The officer taking such acknowledgment shall indorse thereon a certificate of the acknowledgment thereof, and the true date of making the same, under his hand. (Ann. Stats, of Wisconsin, § 22l6.) Or such acknowledgment may be made before a United States court commissioner, if a certificate of his appointment be filed with the clerk of the Circuit Court of his county. (Id., § 2216a.) estate or interest therein, may be made by deed, signed and sealed by the person from whom the estate or interest is intended to pass, being of lawful age, or by his lawful agent or attorney, and acknowledged or proved as directed in this chapter, without any other act or ceremony whatever ; but no mortgage or other alienation by a married man of his homestead, exempt by law from exe- cution, shall be valid, or of any effect as to such homestead, without the signature of his wife to the same. (Ann. Stats, of Wisconsin, § 2203.) The persons executing conveyances within the State of Wisconsin, of Acknowledgment and Proof of Deeds. 149 A scroll or device answers ihe pur- pose of a seal. (Id., § 2215.) Such certificate of acknowledgment shall be sufficient if made substan- tially in the following form: (here is inserted form No. 145.) (Id., g 2217.) If such conveyance shall be exe- cuted in any other State, Territory, . ■or district of the United States, it may be executed in the manner and acknowledged in the form pre- scribed in the next preceding section, or according to the laws of such State, Territory or district, and the execution thereof may be acknowl- edged before any judge or clerk of a court of record, notary public, jus- tice of the peace, master in chancery, or other officer authorized by the laws of such State, Territory or dis- trict, to take acknowledgments of deeds therein, or before any commis- sioner appointed by the governor of the State of Wisconsin for such pur- pose ; and, if executed within the jurisdiction of any military post of the United States not within the State of Wisconsin, it may be acknowl- edged before the commanding officer thereof. (Id., § 221S.) In the cases provided for in the next preceding section, unless the ac- knowledgment be taken before a. commissioner appointed by the gov- ernor of the State of Wisconsin for that purpose, a clerk of a court of record, with its seal attached, or the commanding officer of a military post, such conveyance shall have at- tached thereto a certificate of the clerk, or other proper certifying offi- cer of a court of record of the county or district within which such ac- knowledgment was taken, under the seal of his office, that the person whose name is subscribed to the cer- tificate of acknowledgment was, at the date thereof, such officer as he is therein represented to be, and that he believes the signature of such per- son subscribed thereto to be genuine, and if such deed be executed and ac- knowledged according to the laws of such State, Territory or district, such certificate shall state that fact. If any such deed, the acknowledgment of which shall be taken by any such commissioner, clerk of a court of record, notary public, or command- ing officer of a military post, shall be executed and acknowledged accord- ing to the laws of such State, Terri- tory or district, the certificate of ac- knowledgment shall certify that fact. (Id., I 2219.) If any such conveyance be exe- cuted in any foreign country, it may be executed in the manner and ac- knowledged in the form prescribed in sections 2216 and 2217, or accord- ing to the laws of such country, and the execution thereof may be ac- knowledged before any notary pub- lic, or other officer authorized by the laws of such country to t.ike the ac- knowledgment of deeds therein, or before any minister plenipotentiary, minister extraordinary, minister resi- dent, charge d'aflfaires, commissioner or consul of the United States, ap- pointed to reside therein; such ac- knowledgment shall be certified by the officer taking the same, under his hand, and if taken before a notary public, his seal of office shall be af- fixed thereto; and if such convey- ance be executed and acknowledged according to the laws of such country, the certificate of acknowledgment shall certify that fact. (Id., § 2220.) A married woman of full age may convey her lands or release her dower in the same manner and with like effect, and by deed acknowledged in the same manner as if she were un- married. (Id., §2221.) ISO Forms of No. 146. Certificate of acknowledgmeiit of conveyance of real estate situated in the State of Wyoming. (Rev. Stats, of Wyoming, 1887, § 8.) ss.: State of (Wyoming), County of , I, A. B., a (describe officer), in and for said county, in aforesaid, do hereby certify that , personally known to me as the person whose name subscribed to the an- nexed instrument, appeared before me this day in person and acknowledged that -; signed, sealed and delivered the said instrument of writing as free and voluntary act, for the uses and purposes therein set forth. Given under my hand and seal, this day of , A. D., I } (My commission as such notary (justice of the peace or commissioner of deeds) will expire on the day of , I ■)' (Signature and title.) All conveyances of real estate, and other instruments required by the laws of the Territory, may be ac- knowledged before the clerk of any court of record within the Territory and without the Territory. (Id., §9.) By an act, chapter 61 of the Laws of Wyoming, passed in 1890, section II of the Revised Statutes of Wy- oming is amended and re-enacted as follows: " § II. Any deed, mort- gage, conveyance, power of attor- ney or instrument in writing, re- quiring an acknowledgment, exe- cuted outside of that Territor}', may be acknowledged before any officer authorized by law to take acknowl- edgments at the place where such acknowledgment is taken. When- ever the officer taking such acknowl- edgment has no seal, the certificate of such officer shall have attached I. Deeds, mortgages or conveyan- ces of lands, or any interest in lands, executed within the (Territorj') of Wyoming, shall be executed in the presence of one witness, who shall subscribe the same as such, and the person executing such deed, mort- gage or conveyance shall acknowl- edge the execution thereof before any judge or clerk of a court of record, or before any court commissioner ap- pointed under or by authority of the laws of the United States, or any county clerk, justice of the peace or notary public within the Territory, and the officer taking such acknowl- edgment shall indorse thereon a certificate of the acknowledgment thereof, and the true date of sealing the same, under his hand and seal of office, if there be one. (Rev. Stats. of Wyoming, 1887, § 8.) Acknowledgment and Proof of Deeds. iSi thereto the certificate of a clerk of a court of record, or a county clerk of the same place having a seal, certify- ing that the officer taking the ac- knowledgment is authorized to take the same, and that he believes that the signature appended to the ac- knowledgment is genuine. Each in- strument of writing as aforesaid, exe- cuted and acknowledged as afore- said, shall be as valid and have the same force and effect as if executed in Wyoming, according to the pro- visions of section 8." (Laws of Wy- oming of i8go, chap. 6i, § i.) Every notary public, justice of the peace and commissioner of deeds for Wyoming, who takes an acknowl- edgment of any written instrument to be recorded in any public office in Wyoming, shall add to his certifi- cate the date when his commission expires. (Id., § 2.) This act shall take effect and be in fotce from and after June i, i8go. (Id., § 3-) Any deed, mortgage or conveyance executed in any other State, Terri- tory, district or country, which shall be executed according to the laws of the Territory of Wyoming, and ac- knowledged before a clerk of a court of record, county clerk or a commis- sioner appointed as aforesaid, shall have the same effect as if executed and acknowledged within that Terri- tory. (Id., § 12.) If any deeds, mortgages or convey- ances of lands, or of any interest in lands, be executed in any foreign country, government or empire, such deed, mortgage or conveyance of land may be executed according to the laws of the Territory of Wyom- ing, and may be acknowledged be- fore a consul-general, consul or vice- consul of the United States; and when so acknowledged, the officer taking the acknowledgment shall certify the same over his hand and official seal, or the seal of the consu- late to which he is attached, if there be any such seal; and in case he has no official seal, and there be no seal of his consulate, that fact shall be stated in the certificate; and no other or further authentication shall be re- quired to entitle such instrument to record in the Territory of Wyom- ing. This section shall also apply to powers of attorney executed in any such foreign country, government, kingdom or empire. (Id., §14.) A certificate of the acknowledg- ment of any deed, mortgage or con- veyance, or proof of the execution thereof, before a court of record or a justice of the peace, signed by the clerk of such court (or, by the jus- tice) before whom the same was taken, as provided by this chapter, and in the cases where the same is necessary, the certificate required by section 11 shall entitle such deed, mortgage or conveyance, certificate or certificates aforesaid, to be re- corded in the office of the register of deeds in the county where the land lies. (Id., § 15.) A married woman may, by her deed or mortgage, convey her real estate in like manner as she might if she were an unmarried woman. (Id., § 2.) When any married woman not re- siding in the Terjitorj' of Wyoming, shall join with her husband in any conveyance of real estate situated within the Territory of Wyoming, the conveyance shall have the same ef- fect as if she were sole, and the ac- knowledgment or proof of the execu- tion of such conveyance by her may be the same as if she were sole. (Id., §13.) A married woman may relinquish her right of dower in any of the real IS2 Forms of estate of her husband, or in any real estate, by joining with her husband in a deed, mortgage or conveyance, power of attorney, release or other writing of or relating to the sale, con- veyance or other disposition thereof. (Laws of Wyoming of 1888, chap. 75, § I.) See, further, as to dower, Id., §§ 2-9- By section 2i of the act of admis- sion of the State of Wyoming, ap- proved July lo, i8go, it is provided that all laws in force made by the Territory of Wyoming at the time of its admission into the Union, until amended or repealed, shall be in force in said State, except as modi- fied or changed by that act, or by the Constitution of the State. Every owner or occupant of a homestead, as established herein, may voluntarily sell, mortgage or otherwise dispose of or incumber the same; provided, that every such sale, mortgage, disposal or incum- brance shall be absolutely void un- less the wife of the owner or oc- cupant of such homestead, if he have any, shall, separate and apart from her said husband, freely and voluntarily sign and acknowledge the instrument in writing, conveying, mortgaging, disposing of or incum- bering such homestead, and the offi- cer taking her acknowledgment shall fully apprise her of her right and the effect of signing and acknowledg- ing such instrument. (Rev. Stats, of Wyoming, 1887, § 2784.) 2. See section 2 of chapter 61 of Laws of Wyoming of i8go, cited in last note. Adoption of Minor Children 153 CHAPTER IV. Forms of Adoption of Minor Children. No. 147. Agreement of adoption of minor child, with consent of parents. 148. Consent of parties to the adoption of child. 149. Consent of parents to adoption of minor child, where they do not reside in the county. 150. Order of county judge, directing the adoption of minor child. No. 147. Agreement of adoption of minor child, with consent of parents. {Laws of New York, of 1873, chap. 830, § 8, as amended by chap. 485 of Laws of 1888.) (Title of proceeding as in form No. 1 50.) Whereas, A. B., being of full age and residing in the town •of , in the county of , is desirous of adopting, pur- suant to the statutes of this State in such case made and provided, M. P., the minor child of F. P. and C. P., of the age of (twelve) years and upwards ; and whereas said A. B. has appeared before the undersigned, county judge of county, on the day of , i , at the chambers of said judge in the city of , and the (said child and) the other persons whose consent is necessary to such adoption having appeared with him before said judge at said time and place (excepting the said F. P. and C. P., who reside (or, are) in the county of , and whose consent, duly executed, acknowledged and certified according to law, has been presented to said county judge, to be filed with this agreement) and the necessary consent having thereupon been signed : Now, therefore, the said A. B. doth hereby agree, pursuant to said statutes, that the said M. P. shall be and is hereby 20 154 Forms of adopted by him, and shall be henceforth treated, in all re- spects, as his own lawful child should be treated. In witness whereof the said A. B. has hereunto set his hand, and said county judge has hereunto set his hand this day of , I } A. B. J-C, County Judge of county. I. Section 8 of chapter 830 of the Laws of New York of 1873, as amended by chapter 485 of Laws of 1888, requires that the person adopt- ing a child, and the child adopted, and the other persons whose consent is necessary, shall appear before the county judge of the county in which the person adopting resides, and the necessary consent shall thereupon be signed, and an agreement be exe- cuted by the person adopting, to the effect that the child shall be adopted and treated, in all respects, as his own lawful child should be treated. But in case such parent shall not be or reside in said county, such con- sent may be signed, duly acknowl- edged and certified in the manner re- quired for conveyances of real es- tate, to entitle them to be recorded in said county, and such consent shall be presented to such county judge, and filed with the said agreement; and such parent shall not be required to appear before such county judge. See as to parties whose consent is required to be given to the adoption, same chapter, sections 3-7 and 11, cited in note i to form No. 150. As to the signature of the judge, or of a judge of the Supreme Court to such agreement, and the filing thereof, or of a duplicate thereof, in the county clerk's office, see section 13 of said act, cited in notei to form No. 150. For the other provisions of said chapter 830, see the sections cited in notes to forms Nos. 148, 149, 150. For forms of consent, see forms Nos. 148 and 149; for form of order, see form No. 150. See, also, Matter of Larson (31 Hun, 539; reversed, S. C, 96 N. Y. 382) construing the provisions of said section 8. No. 148. Consent of parties to the adoption of child. (Laws of New York, of 1873, chap. 830, §§ 3-8.) (Title of proc'eeding as in form No. 1 50.) We, F. P. and C. P., the parentsj (or, I, F. P., the father, or, I, C. P., the mother) the mother (or, father) being dead, etc.) of M. P., a minor child, M. B., the wife of A. B.,^ and Adoption of Minor Children. 155 said M. P.,^ do hereby consent, pursuant to statute, to the adoption of said M. P. by A. B. of the (town) of . Witness our hands, this day of , i : In presence of J. C. F. P. C. P. M. P. M.B. J. C, County Judge of county (or Judge of the Supreme Court.) (Acknowledgment or proof, as in form No. Sg.)* 1. See section 5, cited in note i to the county clerk's office, see section form No. 150. ' 13 of said act, cited in note i to form 2. See section 3, cited in note 1 to No. 150. form No. 150. Under Laws of 1876, chapter 343, 3. See section 4, cited in note i to the " Home of the Friendless, in form No. 150. northern New Yorlc,'' may give the See, also, section 11 of chapter 830 consent required by chapter 830 of of Laws of New York of 1873, cited Laws of 1873, in case of children un- in note i to form No. 150, as to con- der its care. sent in case of abandonment by pa- See, also, notes to forms Nos. 147, rent. 149 and 150, generally as to this pro- As to signature of the judge, or of ceeding. ajudgeof the Supreme Court, to such 4. The acknowledgment or proof consent, and the filing and recording are not necessary under the statute, hereof, or of a duplicate thereof in but may be made for convenience. No. 149. Consent of parents to adoption of minor child, when they do not reside in the county. (Laws of New York, of 1873, chap. 830, § 8, as amended by chap. 485 of Laws of 1888.) (Title of proceeding as in form No. 150.) We, F. P. and C. P., the parents (or, I, F. P., the father, or, C. P., the mother, the mother (or, father) being dead, etc.), residing in the county of , of M. P., a minor child, do hereby consent, pursuant, etc. (conclude as in form No. 148).' In presence of J. C. (Signatures, as in form No. 148.) (Acknowledgment as in form No. 89.) (Certificate of county clerk, as in form No. 103.) I. See note to forms Nos. 147, 148, Laws of 1888, cited in note i to form 150, and particularly section 8 of No. 150, and also section 11, id., chapter 830 of Laws of New York of cited in same note. 1873, as amended by chapter 485 of 156 Forms of No. 150 Order of county judge, directing the adoption of minor child. (Laws of New York, of 1873, chap. 830, §'9.) In the Matter of the Adoption ) of M. P. by A. B. j A. B., of the town of , in the county of , being of full age and desirous of adopting M. P., the minor child over (or, under) the age of twelve years, of F. P., and C. P., his wife ; and the said A. B., and M. B., his wife, having appeared before me this day, and the necessary consent to said adoption having been signed by said M. P. and her said parents, and by said M. B., the wife of said A. B. (or, otherwise according to the requirements of the statute'), and an agreement having been executed by said A. B., to the effect that the said child shall be adopted and treated, in all respects, as his own lawful child should be treated ; and I having examined all the persons so appear- ing before me, as aforesaid, and being satisfied that the moral and temporal interests of the said M. P. will be pro- moted by the said adoption, for the following reasons (state them), I do hereby order and direct, pursuant to the statutes in such case provided, that the said M. P. shall be adopted by and from henceforth regarded and treated, in all respects, as the child of said A. B. Dated at the city of , in the county of , this day of , I J. c, County JuQge of county. I. The provisions of chapter 830 § 2. Any minor child may be of Laws of New York, of 1873, on adopted by any adult, in the cases the subject of adoption, are in part and subject to the rules prescribed as follows; in this act. Section i. Adoption, as provided § 3. A married man, not lawfully for in this act, is the legal act whereby separated from his wife, cannot adopt an ^dult person takes a minor into a child without the consent of his the relation of child, and thereby ac- wife; and a married woman, not law- quires the rights and incurs the re- fully separated from her husband, sponsibilities of parent in respect to cannot adopt a child without the such minor. consent of her husband. Adoption of Minor Children. 157 § 4. The consent of a child, if over the age of twelve years, is necessary to its adoption. § 5. Except in the cases provided for in the next section, a legitimate child cannot be adopted without the consent of its parents, if living, or the survivor, if one is dead; nor an illegitimate child without the consent of its mother, if she is living. § 6. The consent provided for by the last section is not necessary from a father or mother deprived of civil rights, or adjudged guilty of adultery or cruelty, and who is, from either cause, divorced, or is adjudged to be an insane person or an habitual drunkard, or is judicially deprived of the custody of the child on ac- count of cruelty or neglect. § 7. When the child to be adopted has neither father nor mother living, or whose consent, if living, is made unnecessary by the provisions of the last section, such consent must be given by an adult person having the lawful custody of the child. § g. The judge shall examine all persons appearing before him pur- suant to the last section (section 8 cited in note i to form No. 147), each separately; and if satisfied that the moral and* temporal interests of the child will be promoted by the adoption, he shall make an order in which shall be set forth at length, the reasons for such order, directing that the child shall thenceforth be re- garded and treated, in all respects, as the child of the person adopting.- g 10. (As amended by chapter 703 of Laws of 1887.) A child, when adopted, shall take the name of the person adopting, and the two thence- forth shall sustain toward each other the legal relation of parent and child, and have all the rights and be sub- ject to all the duties of that relation, including the right of inheritance, and the heirs and next of kin of the child so adopted shall be the same as if the said child was the legitimate child of the person so adopting, ex- cept that as respects the passing and limitation over of real and personal property, under and by deeds, con- veyances, wills, devises and trusts.de- pendent upon the person adopting dying without heirs, said child adopted shall not be deemed to sus- tain the legal relation of child to the person so adopting, so as to defeat the rights of remainderman, and in case of the death of the person so adopted, the person so adopting as above pro- vided shall, for the purpose of in- heritance, sustain the relation of pa- rent to the person so adopted. § II. (As amended by chapter 58 of Laws of 1889.) Whenever a pa- rent has abandoned or shall abandon an infant child, such parent shall be deemed to have forfeited all claim that he or she would otherwise have as to the custody of said child or otherwise, against any person who has taken, adopted and assumed the maintenance of such child; and in such case the person so adopting, taking and assuming the maintenance of such child may adopt it under the provisions of this act, with the same eiTect as if the consent of such pa- rents had been obtained. In such case of abandonment, the county judge may make the order provided for in this act without the consent of such parent or parents. § 12. The parents of an adopted child, are from the time of the adop- tion, relieved from all parental du- ties toward, and of all responsibility for, the child so adopted, and have no right over it. Section 13 of said act provides as follows: Nothing herein contained 158 Forms of shall prevent proof of the adoption of any child, heretofore made ac- cording to any method practiced in this State, from being received in evidence, nor such adoption from having the eflfect of an adoption here- under; but no child shall hereafter be adopted except under the provis- ions of this act, nor shall any child that has been adopted be deprived of the rights of adoption, except upon a proceeding for that purpose, with the like sanction and consent as is required for an act of adoption under the eighth section hereof; and any agreement and consent in respect lo such adoption, or abrogation thereof hereafter to be made, shall be in writing, signed by such county judge or a judge of the Supreme Court; and the same, or a duplicate thereof" shall be filed with the clerk of the county and recorded in the book of miscellaneous records, wherein the same shall be made, andacopy of the same, certified by such clerk, may be used in evidence in all legal pro- ceedings; but nothing in this act contained in regard to such adopted child inheriting from the person adopting shall apply to any devise or trust now made or already Created, nor shall this act in any manner change, alter or interfere with such will, devise or said trust or trusts, and as to any such will, devise or trust said adopted child shall not be deemed an heir so as to alter estates or trusts, or devises in wills already made or trusts already created. Chapter 830 of Laws of New York of 1873 only applies to such adop- tions as take place after its passage. (Hill V. Nye, 17 Hun, 457.) The provisions of section 13 of that act, "that nothing herein con- tained shall prevent proof of the adoption of any child heretofore made, according to any method prac- ticed in this State, from being re. ceived in evidence, nor such adop- tion having the effect of an adoption hereunder," does not give to such former adoption the effect of one made under that act, but merely pre- vents those adoptions from being subtracted from. (Id.) That act does not prevent the grandparents of a deceased person from sharing in the distribution of his property, as his next of kin, be- cause of their having, previous to its enactment, given away the father of such deceased person, and permitted him to be adopted by a third party. (Id.) Such act does not affect or modify the provisions of the act chapter 244 of 1849, incorporating the American Female Guardian Society. (Matter of Larson, 31 Hunj 539, rev'd on other grounds, S. C, 96 N. Y. 382.) See, also,. People, ex rel. Burns, v. Bloedel (4 N. Y. Supp. no; S. C, 20 N. Y. State Rep'r, 161). Agreements. 159 CHAPTER V. Forms of Agreements. No. 151. A general release. 152. A release between partners on a settlement 153. A release of a trust. 154. A release of a legacy. 155. Receipt and release to executor, etc., on payment of a legacy. 156. Release from a legatee on coming of age. 157. Release to executor by devisee and legatee. 158. Release to a guardian. 159. Release by a mortgagee to a mortgagor of part of the mortgaged premises on payment of part of the money secured. i6o. Release to joint debtor, compounding separately with creditor. 161. Release to partner compounding separately with creditor. 162. Agreement of indemnity to person becoming stockholder and di- rector in corporation on request. 163. Agreement between shipwright and his workmen for building a new ship. 164. Agreement for freight of a ship. 165. Agreement to hold parts of ship to be built and pay proportions of its cost and outfit. 166. Bill of lading. 167. Agreement submitting controversies to arbitration, full form. 168. Agreement submitting controversies to arbitration, short general form. 169. Agreement submitting a particular controversy to arbitration. 170. Agreement for the sale and purchase of a freehold estate in lands. 171. An agreement for a lease. 172. An agreement for lodgings or part of a house. 173. An agreement respecting a party-wall. 174. An agreement respecting a party-wall, another form. 175. Agreement for building a house. 176. An agreement to erect a building or buildings, another torm con- taining special provisions. 177. Agreement for purchase of coin, etc., at the seller's option. 178. Another form of contract for purchase or delivery of property at option of buyer or seller. 179. Agreement to change mortgage security. 180. Agreement to bear equal shares in the expense of a lawsuit. 181. Agreement for sale of manuscript and copyright of a book. 182. Articles of copartnership between two attorneys. i6o Forms of No. 183. Same between two tradesmen. 184. Agreement for dissolution of copartnership. 185. Same, indorsed on original articles. 186. Agreement continuing partnership indorsed on original articles^ 187. Articles of agreement between a merchant and his clerk. 188. Memorandum on a sale of wheat. l8g. Articles of marriage. igo. Same, another form. 191. Articles of separation between husband and wife. ig2. Jointure in lieu of dower right. 193. Agreement between an executor and creditor to refer a disputed claim. 194. Agreement giving priority to a mortgage about to be executed over one previously executed. 195. Release of land from the lien of a judgment. 196. Release of dower. 197. Same, in consideration of an annuity given by a will. ig8. A mutual general release. 199. A release of a proviso or condition. 200. An agreement between a mortgagee and mortgagor, to grant building and other leases. 201. Agreement giving, the right to manufacture and sell a patented article, within certain territory. No. 151. A general release. Know all men by these presents, that I, A. B., of, etc., in consideration of the sum of one dollar and other good and valuable considerations to me in hand paid, by B. C, of, etc., have remised, released and forever discharged, and by these presents do, for me, my heirs, executors and ad- ministrators, remise, release, and forever discharge said B. C, his heirs, executors and administrators, of and from all and all manner of actions, causes of action, suits,. debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, damages, judgments, executions, claims, and demands, whatsoever, in law or equity, which against the said A. B. I ever had, now have, or which I, my heirs, executors, or administrators hereafter can, shall or may have, for, upon or by reason of any matter, cause or thing whatso- ever (or, for, upon or by reason of a certain bond, etc., dated. Agreements. i6i etc., specifying particular claim to be released), from the beginning of the world to the day of the date of these presents. In witness, etc., (as in form No. 30). A. B. [L. S.] ' Sealed and delivered in presence of E. F. (Certificate of acknowledgment or of proof by subscribing witness as in chapter 3, forms Nos. 6, etc.) I. Notwithstanding the provision A release not under seal and with- of 2 New York Rev. Stat. 406, § 77 (N. out consideration to support it is Y. Code Civ. Proc, § 840) allowing the presumption of a consideration for a sealed instrument to be rebutted, a release under seal, although for a nominal consideration, operates, as at common law, as a discharge of the debt. If, however, the consideration for the release was merely nominal, the moral obligation to pay the debt may remain, and form a sufficient consideration for a new promise. (Stearns v. Tappen, 5 Duer, 294; Noble V. Kelly, 40 N. Y. 415, 421.) A general release executed by a contractor to a city and covering all demands for, upon or by reason of a certain contract, held, to include and bar a claim for damages founded on the delay on the part of the city in removing obstructions, wherebj' the contractor was prevented from pro- ceeding with the performance of the contract. (Phelan v. Mayor, etc., of New York, 119 N. Y. 86; S. C, 28 N. Y. State Rep. 683.) A mutual general release between the parties to an apparently absolute deed does not estop the grantor from claiming that the deed was a mortgage; because while it might re- lease the debt it is against the policy of the law to treat it as with primage and average accustomed. In witness whereof, the said master has on this day of , I , affirmed to (three) bills of lading, all of this tenor and date, one of which being accomplished, the others to stand void. (Signature of master.) Master. I. A bill of lading is defined to be the written evidence of a contract for the carriage and delivery of goods sent by water, for a certain freight. It is signed by the captain or master of the ship or vessel, and states, among other things, by whom the goods are shipped, and where and to whom they are to be delivered. There are generally three or more parts of the instrument, one of which is usually sent to the consignee by the ship which carries the goods; another is sent to him by some other convey- ance, and a third is kept by the mer- chant or shipper. (Covill v. Hill, 4 Den. 323, 330.) Contracts for the freighting of goods on our canals are usually less full and formal than when the prop- erty is to be carried by sea ; but they must have all the essential qualities, or else they cannot have the effect of bills of lading. (Id.) The form first above given is more adapted for inland navigation, and is in substance the form of the bill in the case above cited. The second form above given is the usual form in shipping to foreign ports. See, also, as to form and effect of bill of lading and signature thereto, Dow V. Greene (24 N. Y. 638); Lang V. N. Y. Central Railroad Co. (50 id. 76); Vari Etten v. Newton (29 N. Y. State Rep. 411); S. C. (8 N. Y. Supp. 478); Jennings v. Grand Trunk R. Co. (52 Hun, 227); McKinney v. Jewett (go N. Y. 267); Nicholas v. N. Y. Central, etc., R. Co. (89 id. 370); Koenigsheim v. Hamburg and Am. Packet Co. (17 N. Y. Week. Dig. 405); Holsapple v. Rome,Water- town, etc., R. Co. (86 N. Y. 275); Sherman v. Inman Steamship Co. (11 N. Y. Week. Dig. 267); Spinetti V. Atlas Steamship Co. (80 N. Y. 171); Swinger v. Raymond (83 id. 192); Merchants' Bank v.Union R. R., etc., Co. (69 id. 373); Wolfe v. Myers (3 Sandf. 7); Abbe v, Eaton (51 N. Y. 410); Nelson v. Stephenson (5 Duer, 558); Park V. Preston (108 N. Y. 434); Price V. Powell (3 id. 322); El- lis V. Willard (9 id. 529); Mercantile Ins. Co. V. Caleb (20 id. 173); Phelps V. Williamson (5 Sandf. 578); Aymar V. Astor (5 Cow. 267), among other cases. . As to protection afforded to per sons advancing money upon bills of lading, etc., by section 3 of the Factory i8o Forms of and Warehousemen Act, chap. 179 of M. & T. Bank of Buffalo v. F. & M. LawsofNewYork, of 1830,866 Moore Nat. Bank of Buffalo (60 id. 40); V. Kidder (34 Hun, 534, and cases Rowland v. WoodruflF (id. 73), S. C. there cited); Farmers and Mechanics' (16 Abb. N. S. 411); Dorrance v. Nat. Bank of Buffalo v. Logan (74 N. Dean (106 Id. 203); Cartwright v. Y. 568); Same v. Armstrong (id. Wilmerding (24 id. 521); Covell v. 587); Soltau V. Gerdau (119 id. 380); Hill (6 id. 375). No. 167. Agreement submitting controversies, etc., to arbitration, full form. (N. Y. Code Civ. Proc, § 2366.) Whereas, matters are now in controversy and difference, between the undersigned A. B. and C. D., both of (which matters might be made respectively the subjects of actions).^ Now, therefore, we, the said A. B. and C. D., do hereby mutually covenant and agree, to and with each other, to sub- mit, and do hereby submit, all and all manner of actions, cause and causes of action, suits, controversies, claims and demands whatsoever now pending, existing or held by and between the said parties to (naming arbitrators), who, or any two of whom, shall arbitrate, award, adjudge and determine of and concerning the same (with power to award the payment of costs and expenses of such arbitration).^ And we do mutually further covenant and agree to and with each other, that the said award to be made by said ar- bitrators, or any two of them, or of an additional arbitrator (or, umpire), selected (or, appointed) by them, as hereinafter provided for, shall in all things by us, and each of us, be well and faithfully kept and observed; provided, however, that the said award shall be made in writing, under the hands of the said arbitrators, or any two of them [and duly acknowl- edged, or proved and certified as required by law, and filed in the county clerk's oiifice (or, in the ofifice of the clerk of the court), or, be delivered to the said parties in difference, or either of them, or his attorney], on or before the day of , I . Agreements. i8i (The said arbitrators may select (or, appoint) an additional arbitrator (or, umpire), by appointment in writing.)^ And we further agree, that a judgment, etc. (concluding as in form No. i68).* A. B. In presence of C. D. C. H. (Acknowledgment or proof as in chap. 3, forms Nos. 89, etc.) 1. The N. Y. Code of Civ. Proc, State by statute, see N. Y. Code Civ. § 2366, requires that the matter Proc, §§ 2377, 2378. submitted should be a controversy 3. See section 2367 of N. Y. Code which might be the subject of an of Civ. Proc, as to additional arbi- action. trator or umpire. 2. As to costs and expenses of 4. See notes to form No. 168. arbitration as regulated in New York No. 168. Agreement submitting controversies to arbitration; short general form. (N. Y. Code Civ. Proc, § 2366. We, A. B., of, etc., and C. D., of, etc., do hereby mutually covenant and agree to submit all our controversies and mat- ters in difference between us of every name, kind and nature existing at the date of this agreement, and which might re- spectively be the subjects of actions, to the arbitration, de- termination and award of M. N., etc. (naming arbitrators), as arbitrators, the said arbitrators, or any two of them,^ to hear and determine the same, and all matters relative thereto (with power to award the payment of costs and expenses of such arbitration),^ and to make their award in writing, on or before the day of , i . (The said arbitrators may select (or, appoint) an additional arbitrator (or, an umpire) by appointment in writing.) And we further covenant and agree (pursuant to the pro- visions of section 2366 of the Code of Civil Procedure of the State of New York) that a judgment of a court of record, to-wit (the Supreme Court to be entered in the county of 1 82 Forms of y shall be rendered upon the award made pursuant to this submission. Witness our hands (and seals), this day of , i .* In presence of A. B. F. R. C. D. (Acknowledgment or proof, as in chapter 3, forms Nos. 89, etc.) 1. By section 2371 of the N. Y. against parties the costs of the arbi- Code of Civil Procedure, all the ar- tration was an incident of the author- bitrators selected as prescribed in ity contained in the general submis- that act must meet together and hear sion of their disputes. (N. Y. Lum- all the allegations of the parties, but ber, etc., Co. v. Schneider, 119 N. Y. an award by a majority of them is 475, 482.) valid, unless the concurrence of all 3. The name of the court must be is expressly required in the subrais- inserted. If the Supreme Court is sion. This provision, however, only specified, the submission may also applies to submissions made as pre- specify the county in which the judg- scribed in title 8 of chapter 17 of that ment may be entered. If it does not, statute. See Lorenzo v. Dewey (26 the judgment may be entered in any Hun, 447). county. (N. Y. Code Civ. Proc, 2. See as to costs upon submis- § 2366.) sions under that act, sections 2377 4- See The N. Y. Lumber, etc., and 2378 of the N. Y. Code of Civil Co. v. Schneider (119 N. Y. 475) Procedure. The authority to award generally as to arbitrations. No. 169. Agreement submitting a particular controversy to arbitrators. (N. Y. Code Civ. Proc, § 2366.) Whereas, a controversy is now pending between the un- dersigned A. F. and A. M., in regard to (state subject of con- troversy), [which might be the subject of an action] : Now, therefore, we do hereby mutually covenant and agree to submit the said controversy, and all questions of difference in regard thereto, to the arbitrament and decision of (naming arbitrators) [or any two of them]. [The said arbitrators may select, etc. (as in form No. 167.)] And we do further mutually covenant and agree, etc. (concluding as in form No. 167).^ A. F. In presence of AM M. N. (Acknowledgment or proof as in chapter 3, forms Nos. 89, etc.) 1. See note to forms Nos. 167 and 168. Agreements. 183 No. 170. Agreement for the sale and purchase of a freehold estate in lands. Articles of agreement had, made, concluded and agreed upon between A. B., of, etc., of the one part, and C. D., of, etc., of the other part. First. The said A. B., in consideration (of the sum of dollars to him in hand paid by the said C. D., at or before the sealing and delivery of these presents, and) of the (further) sum of dollars to be paid (or secured) as hereinafter is mentioned, doth hereby for himself, his heirs, executors and administrators, and every of them, covenant, promise and agree to and with the said G. D., his heirs, executors and ad- ministrators and every of them, by these presents, that he, the said A. B., his heirs and assigns (and all and every other person and persons whomsoever, claiming or to claim any right, title or interest under him or any person or persons whomsoever, of, in and to the lands, hereditaments and prem- ises hereafter mentioned, including rights of dower vested or inchoate') shall and will at the proper costs and charges of the said A. B., his heirs and assigns, on (or before) the day of next ensuing [at (stating place of delivery) at o'clock in the noon] upon payment being made [and security given as hereinafter provided, by said C. D.] by war- ranty deed to be approved by the counsel of said C. D., [and containing also covenants (stating other covenants required)] \^ell and sufficiently convey and grant to the said C. D., his heirs and assigns (in fee-simple absolute)^ all that certain lot etc., situate, etc., (describing premises to be conveyed) now in the tenure and occupation of, etc., or his assigns. In con- sideration whereof, the said C. D., for himself, his heirs, ex- ecutors, administrators and assigns, doth hereby covenant, promise and agree, to and with the said A. B., his heirs, ex- ecutors and administrators, by these presents, that the said C. D., his heirs, executors or administrators, or some of them, shall and will, on having a good title, to the satisfaction and approbation of his counsel or conveyancer to the estate aforesaid, well and truly pay, or cause to be paid, unto the 1 84 Forms of said A. B., his heirs, executors and administrators, the afore- said sum of at the time of executing the said convey- ance (or well and truly pay, or cause to be paid, unto the said A. B., the sum of dollars, part of the sum aforesaid, at the time of executing said conveyance, and will at the same time secure the payment of the balance of the aforesaid sum of dollars in years from the date of said convey- ance by his bond in the penal sum of dollars and his mortgage upon said premises, to be executed and delivered to said A. B., conditioned for the payment of the said sum of as aforesaid, with interest thereupon at the rate of (six) per centum per annum, payable (semi-annually) until the whole of said principal sum shall be paid. Said bond and mort- gage to contain the usual covenant of insurance of the build- ings standing or to be erected upon said premises, to the amount of dollars and tax, assessment and interest con- ditions as required by said A. B.) (Said C. D. also agrees to pay all taxes and assessments that shall be taxed or assessed upon said premises from the date hereof until the payments shall be made and security given as hereinafter provided.)^ Said A. B. agrees that on the (said) day of i and upon the performance by said C. D. of the covenants herein contained on his part to be performed, he will deliver to said C. D. quiet and peaceable possession of said premises in as good condition as they now are, natural wear excepted. It is further covenanted and agreed, that in case the said C. D. has possession of said premises before the execution and delivery of said deed, and in case of failure on his part to perform any of the covenants herein contained, he will yield and deliver to the said A. B. quiet and peaceable pos- session of said premises ; that the said A. B. may immedi- ately after such failure re-enter and take possession of the same, without any previous notice to quit, in reference to any legal proceedings to recover possession thereof. And for the true performance of all and every the cove- nants and agreements aforesaid, each of said parties to these presents doth hereby bind himself, his heirs, executors, ad- ministrators and assigns to the other of them, his heirs, ex- Agreements. 185 ecutors, administrators and assigns in the penal sum of dollars (or, doth hereby agree to pay the sum of dollars as liquidated damages and not as a penalty.)' In witness whereof, the said parties to these presents have hereunto set their hands and seals, the day and year first above written.'' A. B. CD. [L. S.J [L. S.] Sealed and delivered in presence of G. H. (Acknowledgment or proof as in chap. 3, forms No. 6, etc.) forced in equity at the suit of the purchaser. (Bostwick v. Beach, 103 N. Y. 414) Plaintiffs, as executors, having, by the will of their testator, a power of sale of the real estate, on December 27, 1881, signed a paper acknowl- edging receipt from defendant of $500, to apply on purchase of a farm, which they stated had been "bar- gained to be sold to him for $r,ooo on ist day of March, 1882, on pay- ment of the balance." In an action for a specific performance, held, that this constituted a valid contract of sale. (Id.) See, also, McDermott V. Palmer (11 Barb. 9; rev'd in part, S. C, 8 N. Y. 383); Richards v. Edick (17 Barb. 260). Where the testator's widow was also executrix, and as such one of the parties to the contract of sale, and was made a party defendant to an action for specific performance, both in her representative and indi- vidual capacity, held, that by joining in the contract of sale, without any reservation therein of her dower right, she consented, so far as her in- dividual rights were concerned, to make a good title and to look to the purchase-money, as a substitute for the land, for her dower right therein. (Bostwick V. Beach, supra.') See, also, as to the rights of the 1. Where there is any known ex- isting right or interest in the premises other than that of the vendor it is bet- ter, if possible, to procure the agree- ment of the owner of such interest to convey. A widow may dispose of her dower right before it is admeasured. (Bost- wick V. Beach, 103 N. Y. 414; cited in note 4 to this form.) A purchaser of real estate for full value is entitled to have incum- brances removed out of the purchase- money (Id.) 2. Or state other estate conveyed. 3. See Kern v. Towsley (45 Barb. 150), as to effect of this covenant. 4. As to the construction of such an agreement for damages on breach of the contract, see Staples v. Parker {41 Barb. 648, and cases there cited); Little V. Banks (85 N. Y. 258, 265); Howell V. Long Island R. Co. (37 Hun, 381); Leggett v. Mut. Life Ins. Co. of N. Y. (53 N. Y. 394, rev'g S. C.,64 Barb. 23); Noyes v. Phillips <6o N. Y. 408); Smith v. Coe (33 N. Y. Super. Ct. 480); Colwell v. Law- rence (38 N. Y. 71, affg S. C, 38 Barb. 643). Where executors, empowered by the terms of the will to sell their tes- tator's real estate, enter into an executory contract for such sal.e, per- formance of the contract may be en- 24 1 86 Forms of purchaser to the rents and profits of the land, and of the vendor to in- terest upon the purchase-money, Id. By section 8 of title i of chapter 7 of the N. Y. Revised Statutes, it is provided that every contract for the sale of any lands, or any interest in lands, shall be void, unless the con- tract, or some note or memorandum thereof, expressing the consideration, be in writing, and be subscribed by the party by whom the sale is to be made. (2 R. S. 135, § 8; 7th ed., 2326.) By section g of same title it is pro- vided that every instrument required to be subscribed by any party, under the last preceding section, may be subscribed by the agent of such party lawfully authorized. (Id., § 9.) By section 10 of same title it is pro- vided that nothing in that title con- tained shall be construed to abridge the powers of courts of equity to compel the specific performance of agreements in cases of part per- formance of such agreements. (Id., §10.) The above-mentioned statute, while it applies to contracts relating to real property within the State of New York, does not apply to those made within but relating to real property without the State. (Marie v. Garri- son, 13 Abb. N. C. 299.) See, also, Burrall v. Root (40 N . Y. 496). It seems, that under the statute in this form a contract in violation of it is absolutely void, in equity as well as at law. (Marie v. Garrison, supra, p. 261.) It is not enough to bring a con- tract within the above-mentioned eighth section, to show that it con- cerns an interest in lands. It must in substance be a sale. (Id., p. 271.) A contract for the sale of a parcel of land, described by metes and bounds, stated that it contained a certain number of acres "more or less," for which the purchaser agreed to pay $350 per acre. When the deed thereof was subsequently exe- cuted in pursuance of the contract, the vendor claimed that by survey there were two acres more than stated in the contract, and the corrected number was stated in the deed, and the consideration expressed and paid was calculated on the basis of that number of acres; held, in an action to recover back the money paid for the land in excess of the actual quan- tity in the price, that the two instru- ments, construed together, showed that the sale was by the acre, and not in bulk. (Wilson v. Randall, 67 N. Y. 338, aifgS. C.,7 Hun, 15;. See, also, Faure v. Martin (7 N. Y. 216). As to execution of contract for sale of real estate under New York stat- ute, see Worrall v. Munn (5 N. Y. 229); DeBeerski V. Paige (36 id. 537); Snyder v. Neefus (53 Barb. 63); Prin- gle V. Spaulding(id. 17), among other cases. It has been held that a contract for the sale of land, which gives no other description of the premises than the simple statement that the vendor's "farm" is thereby sold, is not void for uncertainty, that it presents merely a case of latent ambiguity, which may be explained by parol evidence. (Brinkerhoff v. Olp, 35 Barb. 27.) This case has been said to carry the doctrine laid down by it "to its utmost limit." (Rourk v. Murphy, 12 Abb. N. C. 405, per In- galls, J.) See, also, Rollin v. Pick- ett (2 Hill, 552), holding that an agreement to convey seventy acres of land without describing them, or des- ignating the place, is void for uncer- tainty, and that a claim giving some clue to the identity of a small part Agreements. 187 only did not help it. And see Rich- ards V. Edick (17 Barb. 260). In a contract consisting of an agree- ment on the one hand to execute and deliver a deed of lands, and on the other to pay and secure the stipulated price, these to be simultaneous and concurrent acts, the covenant of one to deliver the deed, and by the other to pay and secure the purchase-price, are dependent covenants, and neither party can maintain an action against the other at law for a breach, without showing performance or an offer to perform on his part. (Frey v. John- son, 22 How. Pr. 316.) See, also, that case and Beecher v. Conradt (13 N. Y. 108), cited therein, as to pay- ment by installments. The purchaser of lands, from the time of entering into an effectual contract for the purchase, is deemed the owner in equity, and his estate descends, and is devisable. (Cogs- well V. Cogswell, 2 Edw. 231; Pelton v. Westchester Fire Ins. Co., 77 N. Y. 605.) The vendor from that time retains the legal title as a mere lien or security for the unpaid purchase- money. (Moore v. Burrows, 34 Barb. I73-) I A statement, therefore, in an ap- plication for a policy of insurance by one who is in possession of lands under a contract of purchase by him, and of sale by the owner of the fee, that he is the owner is not, it seems, untrue ; nor, ii seems, is the omission to state the nature of th» interest a breach of a condition in the policy, forfeiting it in case the interest of the assured is other than " the entire, un- conditional and sole ownership," and it is not so represented to the com- pany. (Pelton r. Westchester Fire Ins. Co , supra.) No. 171. An agreement for a lease. Memorandum of an agreement made this day of , in the year i , between A. B., of the (city) of , and C. D., of (said city), witnesseth, that the said A. B. agrees by indenture, to be executed on or before the day of next, to demise and let, to the said C. D., the house and lot known as number in street in said city, at present in the occupation of E. F., to hold to the said C. D., his executors, administrators and assigns, from the first day of May next, for and during the term of (twenty- one yjears), at or under the clear yearly rent of dollars, payable quarterly, clear of all taxes and deductions, in which lease there shall be contained covenants on the part of the said C. D., his executors, administrators and assigns, to pay rent (except in case the premises are destroyed by fire the rent is to cease until they are rebuilt)' knd to pay all taxes and assessments ; to repair the premises (except damages by i88 Forms of fire); not tq carry on any offensive (or other) business upon the premises (except by the written permission of the said A. B.); to deliver the same up at the end of the term in good repair (except damages by fire as aforesaid); with all other usual and reasonable covenants; and a proviso for the re- entry of the said A. B., his heirs or assigns, in case of the non-payment of the rent for the space of fifteen days after either of said rent days, or the non-performance of any of the covenants ; and there shall also be contained therein covenants on the part of said A. B., his heirs and assigns, for quiet enjoyment, to renew said lease at the expiration of said term, for a further period of (twenty-one years) at the samt rent, on the said C. D., his executors, adminis- trators or assigns, paying the said A. B., his executors, ad- ministrators or assigns, the sum of dollars, as a premium for such renewal ; and that in case of an accidental fire at any time during the said terms or either of them, the said A. B. will forthwith proceed to put the premises in as good repair as before the fire, the rent in the meantime to cease ; and the said C. D. hereby agrees to accept such lease upon the terms aforesaid ; and it is mutually agreed that the costs of making, executing and recording said lease and a counter- part thereof, shall be borne by the said parties equally. As witness our hands and seals the day and year first above written. A. B. [L. s.j C. D. [L. S.] Sealed and delivered in presence of E. F. (Acknowledgment or proof as in chap. 3, forms Nos. 6, etc.) I. See chapter 345 of Laws of New No. , and the cases referred to in York of i860, cited in note to form that note. No. 172. An agreement for lodgings or part of a house. Memorandum of an agreement entered into the day of , I , by and between A. B., of , and C. D., of , whereby the said A. B. agrees to let, and the said C. Agreements. 189 D. agrees to take, the rooms or apartments following : that is to say, aji entire first floor, and one room in the attic story or garret, and a back kitchen and cellar opposite, with the use of the yard for drying linen or beating carpets or clothes, be- ing part of a house and premises in which the said A. B. now resides, situate and being in number in said street, in the city of New York, to have and to hold the said rooms and apartments, and the use of the said yard as aforesaid, for and during the term of half a year, to commence from the day of , instant, at and for the yearly rent of dol- lars, lawful money of the United States, payable monthly, by even and equal portions, the first payment to be made on the day of , next ensuing the date hereof ; and it is further agreed, that at the expiration of the said term of half a year, the said C. D. may hold, occupy and enjoy the said rooms and apartments, and have the use of the said yard as aforesaid, from month to month, for so long a time as the said C. D. and A. B. may and shall agree at the rent above specified ; and that each party be at liberty to quit possession on giving the other a month's notice in writing ; and it is also further agreed, that when the said C. D. shall quit the premises, he shall leave them in as good condition and repair as they shall be in on his taking possession thereof, reasonable wear and damage by the elements excepted. As witness our respective hands and seals the day and year aforesaid. In presence of A. B. [L. s.] E. F. C. D. [L. s.] (Acknowledgment or proof as in chapter 3, forms Nos. 6, etc.) No. 173. An agreement respecting a party- wall. This agreement, made this day of , in the year I , between D. L., of the city of New York, merchant, of the first part, and P. S., of said city, merchant, of the second part, witnesseth : Whereas, the said D. L. is the owner in fee of the lot and store known as number in street. igo , Forms of in the first ward of the city of New York, and the said P. S., the owner in fee of the lot known as number — — in street, aforesaid, immediately adjoining to and on the south- erly side of said lot and store number , on which lot of the said P. S. he is about to erect a brick store ; and whereas, it has been agreed by and between the said parties that the said P. S., in erecting his said store, shall make use of the gable-end wall of the said store of the said D. L., immediately contiguous to and adjoining the said%t of the said P. S., as a party-wall, upon the terms, conditions and considerations hereinafter mentioned, the said wall of the said D. L.,- so to be used as a party-wall, standing and being entirely on the said lot of the said D. L. Now, there- fore, this agreement witnesseth, that the said D. L., for and in consideration of the sum of dollars, to him in hand paid by the said P. S., at or before the ensealing and deliv, ery of these presents, the receipt whereof is hereby acknowl- edged, doth for himself, his heirs, executors, administrators, and assigns, covenant, grant, promise, and agree to and with the said P. S., his heirs, executors, administrators, and as- signs, forever, that he, the said P. S., his heirs and assigns, shall and may, in erecting and building the said store upon the said lot of the said P. S., freely and lawfully, but in a workmanlike manner, and without any interruption, molesta-. tion, or hindrance of or from said D. L.,his heirs or assigns, make use of said gable-end wall of said store of the said D. L., immediately adjoining or contiguous to the said lot of the said P. S., or such parts or so much thereof as he, the said P. S., his heirs or assigns, may choose as a party-wall. And, further, that should the said wall, hereby made a party-wall, be at any future time or times injured or destroyed, either by decay, lapse of time, fire, accident, or other cause what- ever, so as to require to be either repaired or rebuilt in whole or in part, then and in every such case, the said D. L. and the said P. S. by these presents, for themselves, respectively, and their respective heirs and assigns forever, mutually cove- nant and agree to and with each other and their respective heirs and assigns forever, that such reparation or rebuilding, as the case may be, shall be at the mutual, joint and equal Agreements. 191 expense of them, the said D. L. and P. S., their respective heirs and assigns forever ; as to so much and such parts of said wall as shall be used by the said P. S., his heirs and as- signs, in erecting and building the said store which he is now about erecting on his said lot, and as to all coping of the said gable end, whether such coping be used by the said P. S., his heirs or assigns, in erecting and building the said store or not, and as to the residue of said wall not used by said P. S., his heirs or assigns, in erecting and building the said store, such reparation or rebuilding of such residue of the said wall shall be at the sole and separate expense of the said D. L., his heirs or assigns forever ; and that in every case of such reparation or rebuilding, should the same be necessary and proper, and either party, his heirs or assigns, request the other to unite in the same^ and to contribute to the expense thereof, according to the true intent and meaning of this agreement, then the other party, his heirs or assigns forever, may cause such reparation or rebuilding to be made and done, and charge the other party, his heirs and assigns, for- ever, with the proportion of the expenses, costs, and charges thereof, according to the true intent and meaning of this agreement ; and that in every case of such reparation or re- building, as the case may be, such repairs shall restore the said wall to the state and condition in which it now is, in all respects as nearly as may be ; and that in every case of re- building, such wall shall be rebuilt updn the same spot on which it now stands, and be of the same size and the same materials, as far as they may go, and as to the deficiency with others of the same quality and goodness, and in all re- spects shall be made of the same quality and goodness as the present wall. It being further in like manner mutually un- derstood and agreed by and between the said parties, that this agreement shall be perpetual, and run with the land and be obligatory upon the heirs and assigns of the said parties, respectively, forever, and in all cases and on all occasions, shall be construed as a covenant running with the land ; but that this agreement shall not have the effect or operation of conveying to the said P. S., his heirs or assigns, the fee-sim- ple of the one moiety or any other part of the ground or 192 Forms of land on which the said wall now stands, but only the right to the use and benefit of the said wall as a party-wall for- ever.' In witness, etc. (as in form No. 163.) D. L. P. S. [L. S.] [L. S.] Sealed and delivered in presence of G. H. (Acknowledgment or proof as in chap. 3, forms Nos. 6, etc.) I. A covenant to contribute to the construction of a party-wall, when he shall use the same, entered into by an owner of land, for himself, his heirs and assigns, does not run with the land, and is not enforceable against a subsequent grantee of the 3 Northwestern Rep'r, 292, and cases there cited); McDonnell v. Culver (8 Hun, 158), as to effect of such a covenant. Without an agreement between the owners allowing them, windows have no proper place in a party-wall. land; and this, although his deed is Whether the erection of fire-escapes by its terms subject to the agreement would be a proper use thereof, query ? for the building of the wall contain- ing the covenant. (Scott v. McMil- lan, 76 N. Y. 141; Hart v. Lyon, 90 id. 663; Squires v. Pinckney, 13 N. Y. State Rep. 749.) It seems, however, that a right given by the contract to either of the parties, their heirs and assigns, to rebuild and repair the party-wall is a covenant running with the land. (Hart v. Lyon, supra^ An owner of a lot who is using a party- wall standing partly thereon, and who, pursuant to the demand of the other owner, has united in the appointment of arbitrators to ap- praise its value pursuant to the pro- visions of the agreement under which (N. Y. Supr. Ct., Sp. Term, St. John V. Sweeney, 59 How. Pr. 175.) See, also, Vrooman v. Jackson (6 Hun, 326); Musgrave v. Sherwood (23 id. 66g); Same v. Same (54 How. Pr. 338); Rindge v. Baker (57 N. Y. 209); Brown v. McKee (57 id. 684) ; Hendricks v. Stark (37 id. 106); Fettrecht v. Leamy (9 Bosw. 510); Nash V. Kemp (12 Hun, 592); Potter V. White (6 Bosw. 644); Max- well V. East River Bank (3 id. 124); Webster v. Stevens {5 Duer, 553); Brondage v. Warner (2 Hill, 145); Wolf V. Frost (4 Sandf. Ch. 72); Partridge v. Gilbert (15 N. Y. 601, alTg S. C, 3 Duer, 1-85); Armstrong V. Schermerhorn (2 N. Y. Leg. Obs. it was originally built, is concluded 40); Campbell v. Mesier (4 Johns. by the award, not only as to the amount but as to his liability to pay. (Bedell v. Kennedy, 109 N. Y. 153, affg S. C, 38 Hun, 510.) See, also, Guentzer v. Juch (51 id. 397). See, also, Kearr v. Sossan (9 N. Y. State Rep'r, 25); Kingsland v. Tucker (115 N. Y. 574, rev'g S. C, 44 Hun, gi); Gibson v. Holden (111., 1886, I Western Rep'r, 677; S. C, Ch. 334); Sherred v. Cisco (4 Sandf. 480); Brown v. Pentz (11 N. Y. Leg. Obs. 24; I Abb. Ct. App. Dec. 227); Burlock v. Peck (2 Duer, 90); Ket- eltas V. Penfold (4 E. D. Smith, 122); Ogden V. Jones (2 Bosw. 685); Hamman v. Jordan (36 N. Y. State Rep'r, 423; S. C, 13 N. Y. Supp. 228); Mott V. Oppenheimer(39N. Y. State Rep. 458; S..C., 15N. Y.Supp. Agreements. 193 166); Hamman v. Jordan (30 N. Y. State Rep. 795); Betty v. Todd (15 State Rep. 249; S.C, 9 N. Y. Supp. id. 371); Keller v. Abrahams (13 423; rev'd, S. C, 129 N. Y. 61); Daly, 188), among other cases, as to Heartt v. Kruger (121 N. Y. 386); rights of parties to agreement for a Squires v. Pinckney (13 N. Y. State party-wall, and owners of the prop- Rep. 749) ; Scott V. McMillan (76 erty to which such agreement relates. N. Y. 141); Same v. Same (l6 N. Y. No. 174. Agreement respecting a party-wall, another form. It is hereby agreed by and between J. B. T. and A. G. Q., both of the (city) of (Albany), in consideration of the mutual covenants (and grants) herein contained, and of the sum of one dollar by each to the other in hand paid (and to settle and prevent all disputes), that the (north) wall of the build- ing lately erected by said J. B. T., (mainly) upon his lot on the (east) side of street in said city, which lot was con- veyed to him by I. J., and wife, by deed dated , i , and recorded in county clerk's oflSce, in Book of Deeds No. , at page , adjoining on the (south), a lot of said A. G. Q., convteyed to said Q. by I. J., and wife, by deed dated , I , aftd recorded (or, to be recorded) in county clerk's office (in Book No. of Deeds, at page ), whiph said (north) wallTwas built at the joint expense of the parties hereto, and which stands (about) one-half upon the said lot of said Q., was built as, is and shall remain forever a common and party-wall to be continued and used as such forever by the parties hereto, their heirs and assigns, for all the purposes of an exterior wall of their respective buildings, and of the proper and usual connections of other walls therewith, and of supporting their roofs thereupon, and inserting joists and timbers therein, and with all other rights, circumstances, in- cidents and privileges, pertaining and belonging to a party- wall. And it is further agreed between the said parties, in con- sideration as aforesaid, that if it shall hereafter become necessary to repair or rebuild the whole, or any portion of the said party-wall, the expense of such repairing or rebuild- ing shall be borne equally by the said parties, their respective heirs and assigns, and that whenever said party-wall, or any 2S 194 Forms of portion thereof shall be rebuilt, it shall be erected on the same ground where it now stands, and be of the same size and of the same or similar materials, and of like quality with the present wall. (And it is further agrbed between the said parties in con- sideration as aforesaid that the dividing line between the said lot of said T., and the said lot of said Q., shall be and re- main forever a line, commencing at the middle point of said party-wall on street, and running thence (easterly) through the middle of said wall to the end thereof, and thence continued directly to the (east) bounds of said lots.) (And the said J. B. T. doth hereby grant and convey in consideration as aforesaid to said A. G. Q., all of his (said T.'s) said lot which lies north of the said dividing line, and said A. G. Q. doth hereby grant and convey to said J. B. T. all of his (said Q.'s) said lot which lies south of said dividing hne.) The covenants herein contained shall be perpetual and shall bind the parties hereto, their heirs and assigns, and shall be at all times construed as covenants running with the land. In witness, etc. (as in form No. 163.) J. B. T. [L. 3.] A. G. Q. [L. 3.] Sealed and delivered in presence of E. F. (Acknowledgment or proof as in chap. 3, forms Nos. 6, etc.) No. 175. Agreement for building a house. Be it remembered, that on this day of , i , it is agreed between A. B., of , and C. D., of , in man- ner and form following, viz.: the said C. D., for the considera- tions hereinafter mentioned, doth for himself, his heirs, ex, ecutors and administrators, covenant with the said A. B., his executors, administrators and assigns, that he, the said C. D., or his assigns, shall and will, within the space of next after the date hereof, in a good and workmanlike manner, and at his own proper charge and expense, at , well and substantially erect, build and finish, one house, or messuage, Agreements. 195 according to the draught, scheme, specifications and explana^ tion hereunto annexed, with such stone, brick, timber or other materials as the said A. B. or his assigns shall find or provide for the same Cor, of good and substantial materials);^ in consideration whereof the said A. B. doth for himself, his executors and administrators, covenant with the said C. D,, his executors, administrators and assigns, well and truly to pay unto the said C. D., his executors, administrators and assigns, the sum of of lawful money of (the United States), in manner following, viz. : part thereof at the beginning of the said work, more, another part thereof, when the said work shall be half done, and the remaining " in full for the said work, when the same shall be com- pletely finished. [And also that he, the said A. B., his ex- ecutors, administrators or assigns, shall and will, from time to time, as the same shall be required, at his or their own proper expense, find and provide stone, brick, timber or other materials necessary for making, building and finishing the said house.]^ And for the performance of all and every the articles and agreements above mentioned, the said A. B. and C. D. do hereby bind themselves, their executors, adminis- trators and assigns, each to the other, in the penal sum of firmly by these presents.^ In witness, etc. (as in form No. 163). A. B. [L. s.] C. D. [L. s.] (Acknowledgment or proof as in chap. 3, forms Nos. 6, etc.) (Annex specifications.) 1. Substitute this clause if the ma- the materials are to be furnished by terials are to be furnished by the the owner. contractor. 3. See, also, the special provisions 2. Omit this clause in brackets if contained in next form. No. 176. No. 176. An agreement to erect a building or buildings ; another form, containing special provisions. Articles of agreement made, agreed and fully concluded upon the day of , i , between A. B., of the one part, and C. D., of the other part, as follows : 196 _ Forms of First. The said A. B., for himself, his heirs, executors and administrators, doth hereby covenant, promise and agree to and with the said C. D., his executors, administrators and as- signs, that he, the said A. B., his executors or administrators, shall and will, on or before the day of , i , now next ensuing, in consideration of the sum of dollars, of lawful money, etc., to be paid to him at the time (or, times) hereinafter mentioned, build and completely cover in and finish upon ground belonging to the said C. D., at E., the several edifices and buildings set forth in the schedule, pro- posal or estimate hereunder written, and according to the plan and elevation, signed by the said A. B., the same to be done within the time aforesaid (except the whitewashing of the plastering, which is not to be done until after the aforesaid works are finished) in a good, workmanlike, substantial man- ner, and to the good liking and satisfaction of F. G., builder, or any other surveyor, whom the said C. D. shall for that purpose name and appoint, to be testified by a writing or cer- tificate under the hand of the said F. G., or such other per- son or surveyor ; and also shall and will find and provide good, proper and sufficient materials of all kinds whatsoever, for erecting the said edifice (s) and building (s), and com- pletely finishing the said work(s), building(s) and erection(s). And it is further agreed, by and between the said parties, that if the said A. B., his executors or administrators, shall in any manner neglect or be guilty of any delay whatsoever, in the building, finishing and completing the said work(s), erection(s) and building(s) so contracted by the said A. B. to be done as aforesaid, and the said C. D. shall give or leave no- tice in writing of such neglect or delay, at the place of abode of him, the said A. B., his executors or administrators, that then and in such case it shall and may be lawful for the said C. D., his executors or administrators, within the space of twenty days after such notice given or left as aforesaid (in case the said A. B., his executors or administrators, shall not according to the direction of the said F. G. or C. D., proceed on the com- pletion of the said works, in pursuance of the said notice), to purchase proper and sufficient materials, and also to employ a sufficient number of workmen to finish and complete the said Agreements. 197 edifice(s), building(s), work(s) and erection(s), and that the said C. D., his executors, administrators and assigns, shall and may deduct and retain to themselves the costs of such materials, and all such sum and sums of money as he or they shall pay to such workmen, for the completion of such build- ings, etc., out of the money that shall be so due to him, the said A. B., in pursuance and by virtue of the said agree ment. And that the said A. B., his executors or adminis- trators, shall not nor will in any manner do, or cause or procure to be done, any act, matter or thing whatsoever, to prevent or hinder the said persons so to be employed by the said C. D., his executors, administrators or assigns, from completing and finishing the said edifice(s), etc., and other the said work(s) in pursuance of the said covenant, or in using the materials which shall be provided for the doing of the same, or in any way molest, or cause to be molested, the said C. D., his executors or administrators, or any person or persons employed by him or them in the do- ing thereof. And the said C. D. doth hereby agree for himself, his heirs, executors and administrators, that he, the said C. D., his executors, administrators and assigns, shall and will well and truly pay, or cause to be paid, unto the said A. B., his execu- tors, administrators or assigns, the sum of dollars, of lawful, etc., within twenty days next after the said edifice(s), building(s), work(s) and erection(s) shall be completely built, done and finished.^ Provided always, and it is hereby agreed and declared, by and between the said parties to these presents, that in case the said C. D., his executors, administrators or assigns, shall direct any more work to be done, in or about the said build- ings and premises than what is contained in the said schedule hereunder written, that then and in such case the said C. D., his executors, administrators or assigns, shall pay, or cause to be paid, unto the said A. B., his executors, administrators or assigns, so much money as such extra work shall be worth upon a reasonable valuation. And in case it shall be thought proper by the said C. D., his executors, administrators or assigns, to diminish or omit 198 Forms of any part of the work in the said schedule hereunder written (or, hereto annexed), that then in such case, the said A. B., his executors, administrators or assigns, shall deduct and allow out of the money agreed to be paid by him, the said C. D., as aforesaid, so much money as the work so to be diminished or omitted shall amount unto upon a reasonable valuation, any thing hereinbefore contained to the contrary notwithstanding. t And lastly, it is hereby covenanted and agreed by and be- tween the said parties to these presents, that if any dispute or difference shall happen, or be made, between them, touch- ing or concerning the said edifice(s), etc., hereby covenanted to be made and done as aforesaid, or touching or concerning the money to be paid for the same, according to the admeas- urement and value thereof, in case the same shall be ad- measured and valued, or touching or concerning any altera- tion, addition or determination into or from the same, or touching or concerning any additional payment to be made by the said C. D., his executors or administrators, to the said A. B., his executors, administrators or assigns, or any allow- ance to be made by the said C. D., his executors, etc., in respect thereof, or touching or concerning any other matter, or thing whatsoever, relating to the work hereby contracted to be done, that then and in such case such dispute or differ- ence shall be left to the determination and award of three indifferent persons, one to be named and appointed in writ- ing by .the said A. B., his executors, etc., the other by the said C. D., his executors, etc., and the third to be chosen by the said two persons, so to be named by the said A. B. and C. D., respectively, immediately after such dispute or differ- ence shall so happen. Arid the said parties hereto do hereby covenant, promise and agree, to and with each other, that they, the said parties, shall and will severally stand to, abide, perform and keep the award and determination of the said three persons so to be chosen, or any two of them, touching the said several matters and things referred to them as afore- said, so as the same be made in writing under the hands and seals of the said arbitrators, or any two of them, within one calendar month next after such reference. Agreements. 199 And for the due performance of those presents, the said parties do hereby bind themselves respectively, their respect- ive heirs, executors and administrators, each unto the other, in the sum or penalty of dollars, of lawful money of the United States, as liquidated damages to be paid by the fail- ing party. In witness, etc. (as in form No. 30). ( A. B. [L. S.] CD. [L. S.] Sealed and delivered in presence of G. H. (Acknowledgment or proof as in chap. 3, forms Nos. 6, etc.) (Annex schedule, etc., referred to in above form.) I, See also the provisions as to payment contained in last form, No. 176. No. 177. Agreement for piirehase of coin, etc., at the seller's option. (Date.) Know all men by these presents, that I, C. B., for and in consideration of the sum of dollars, good and lawful money of the United States, to me in hand paid by M. C. B., the receipt of which is hereby acknowledged, do agree to re- ceive from said M. C. B., at any time within (six months) from date, he may choose to deliver the same (two thousand five hundred dollars in gold coin of the United States), for which I agree to pay to the said B. (ninety-five per cent premium on the dollar, or at the rate of one hundred and ninety-five dollars in good current funds, for each and every one hundred of coin). The said B. does not contract to de- liver the (coin), but pays the (two hundred and fifty dollars) for the privilege of delivering or not, at his option.^ C. B. I. The above contract is taken meaning of the statutory provision from the case of Bigelow v. Bene- (i N. Y. Rev. Stats. 662, § 8) declar- dict (70 N. Y. 202), In which case it ing such contracts void, is held that such a contract is not on In the absence of evidence to the its face a wager contract within the contrary it will be presumed that the 200 Forms of contract was made in good faith, with ence shall be paid according to the intent on the part of both parties to fluctuations of the market, the con- perform. (Id.) tract is a wager within the meaning It seems, that when an optional of the statute and so void. (Id.) contract for the sale of property is See, also, note to next form. No. made and there is no intent on the 178, and see Kingsbury v. Kirwan (77 one side to sell or on the other to N. Y. 612); Harris v. Tumbridge (83 purchase; but merely that the differ- id. 92) No. 178. Another form of contract for purchase or delivery of property at option of buyer or seller. (Date.) For value received, the bearer may call on the undersigned for one hundred (lOO) shares of the (capital stock of the Western Union Telegraph Company), at seventy-seven and one-half {']^^ per cent, any time in thirty (30) days from date. Or the bearer may, at his option, deliver the same to the undersigned at seventy-seven and one-half {J^^ per cent, any time within the period named, one day's notice required. All dividends or extra dividends declared during the time are to go with the stock in either case, and this instrument is to be surrendered upon the stock being either called or delivered.' S. N. I. I. See note to last form, No. 177, from which the form is taken, as to and Story v. Salomon (71 N. Y. 420), the legal effect of this agreement. No. 179. Agreement to change mortgage security. This agreement, made the day of , in the year I , between (the rector, wardens and vestrymen of the Church in the city of New York), of the first part, and C. M., of (the said city), of the second part, witnesseth; That whereas the said parties of the first part have sold and conveyed in fee, unto the said party of the second part, the six several lots of ground in said city known as numbers -, Agreements. 201 for the price or consideration of (fifty thousand) dollars, part of which sum has been paid down on the delivery of the deeds therefor ; and whereas, in order to secure to the said parties of the first part the payment of the residue of the said purchase-money, to-wit, the sum of (thirty thousand) dollars, in six equal payments of (five thousand) dollars each in (ten years), with interest thereon at the rate of (six) per cent per annum, the said party of the second part and , his wife, have executed and delivered to the said parties of the first part, six several mortgages on the said premises, as collateral security for the six several bonds of cor- responding amounts, executed and delivered by the said party of the second part to the said parties of the first part ; and whereas, also, it may at some future time become expedient, or advantageous, for the said party of the second part to sell or otherwise dispose of the said premises, so purchased by him as aforesaid, free and clear from the incumbrance of the said mortgages : Now, therefore, this agreement witnesseth, That the said parties of the first part, for and in considera- tion of the premises and of one dollar to them in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, do, for themselves, their successors and assigns, forever covenant, promise and agree, to and with the said party of the second part, his heirs, executors, administrators and assigns, that he, the said party of the second part, shall and may, at all times hereafter, have and retain the right of changing the security above mentioned, by substituting, instead of any, either or all of the said mortgages, the like security on other real estate or property of at least equal value with the said mortgaged premises. And this agreement further witnesseth : that whenever the said party of the second part, his heirs, executors, adminis- trators or assigns, shall furnish the said parties of the first part, their successors or assigns, with such other satisfactory security as aforesaid, the said parties of the first part, their successors or assigns, shall and will, upon request to them made, forthwith execute and deliver to the said party of the second part, his heirs, executors, administrators and assigns, good and sufiScient releases and discharges of the said mort- 26 202 Forms of gages or any of them, and of the said premises therein mentioned. In witness whereof, the said parties of the first part have hereto set their corporate seal and caused their rector to sign his name hereto the day and year first above written. [L. S.] The Rector, etc., of the Sealed and delivered in ) Church in the City of New presence of [ York, by A. B., its Rector. E. F. (Acknowledgment or proof as in chapter 3, form No. 6, etc.V No. 180. Agreement to bear equal shares in the expense of a lawsuit. Articles of agreement, mutually made and entered into the day of , in the year i , by and between A. B., C. D., and E. F., of, etc. Whereas, the said parties to this agreement are each in possession of, or claim title to, or some interest in, the whole or part of that certain lot, piece or parcel of land situate, etc. (describing it) (or, are each in possession of, or claim some interest in lands through which a certain stream called runs ; or, state the inducement for the contract) in relation to the title, or use, or occupation of which some, or divers suit or suits at law are likely to arise, be brought or com- menced. And, whereas, it is agreed by and between the said parties, that if any such suit or suits, action or actions, shall or may be brought, commenced or prosecuted by or against the said parties, any or either of them, at any time or times hereafter, that they and every of them do and shall bear and pay their respective and equal shares and parts of the costs and damages thereof : Now these presents witness, that the said, etc., and every of them, do hereby covenant, promise and agree, to and with each other, that they, the said, etc., and every of them, their and each and every of their execu- tors, administrators and assigns, shall and will pay and bear their respective equal shares and proportions of all costs and damages of all and every such action and actions, suit and Agreements. 203 suits (if any) that at any time or times hereafter shall or may be brought by or against them, or any or either of them, on that account. In witness, etc. (as in form No. 163). In presence of A. B. G. H. C. D. E. F. (Acknowledgment or proof as in chapter 3, forms Nos. 6, etc.) No. 181. Agreement for sale of manuscript and copyright of a book. This agreement, made and entered into this day of -, in the year i , between A. B., of the (city) of in the State of , party of the first part, and C. D. and E. F., composing the firm of C. D. & Co., of the (city) of , in said State, parties of the second part ; Witnesseth, that the said party of the first part, for and in consideration of the sum of dollars to be paid to him by the said parties of the second part, in the manner herein- after mentioned, agrees with the said parties of the second part, their survivors and assigns, to prepare, compose and write a good, accurate and reliable [law] book, upon the sub- ject of (stating same) [or, entitled (stating title of book)] [including that by public corporations], and to expend in the writing and preparation thereof, his best skill, judgment and literary ability, and thereinto fairly and accurately state and define the law applicable to said subject, and to annotate the same with full, copious and accurate references to the re- ported decisions of the several courts of the various States of the United States of America, and of the United States courts, and to the statutes of the said various States, and to the reported decisions of the courts of Great Britain upon the said subject, and properly arrange them under the re- spective subdivisions of such subjects, so as to set forth and illustrate the present condition of the law, and decisions upon said subjects, and all the general principles relating thereto],* and to prepare a full and accurate index to said 304 Forms of book, a table of contents thereof, and also a table of cases cited, to appropriately divide the book into chapters with proper headings. The said book shall consist of pages, including index, but exclusive of table of contents, and of cases when printed. And the said party of the first part, in consideration afore- said, agrees promptly to read, examine and correct the proof sheets of the said work as the same shall be printed, and re- turn the copy so read and corrected to the parties of the second part, or to a printer to be designated by them in the State of , and to complete the manuscript of said book [and all such work and labor] on or before the day of And said party of the first part, for himself, his heirs and assigns, further agrees, in consideration aforesaid, to make and execute any and all papers and instruments, and to do all matters and things which may be necessary or proper to secure to said parties of the second part, their survivors or assigns, the perfect copyright and renewals of copyright of and to the said work. And said parties of the second part hereby agree with said party of the first part, to print with all reasonable dis- patch the body of the said work, when the same shall be ready for printing within the term aforesaid, and within six weeks after the body of said work is ready to be printed, to forward the proof sheets thereof in convenient portions and at convenient times, to the said party of the first part, at aforesaid, for him to read and correct, and also to forward to him at the aforesaid place a copy of the body of the said work as soon as the same shall be printed, or within a rea- sonable time thereafter, to enable the said party of the first part to prepare the said table of contents, and of cases and the index. And the said parties of the second part further agree to pay to the said party of the first part, the sum of dol- lars, as follows (stating manner of payment), and to deliver to said A. B., his executors, administrators or assigns (fifteen) copies of said book, upon the publication thereof, free of charge. Agreements. 205 And it is further agreed by and between the parties hereto, that in case the party of the first part shall fail to perform the matters and things hereinbefore agreed to be done by him, that then he will and shall pay to the parties of the sec- ond part the sum of dollars, as and for liquidated dam- ages for such failure, which damages are hereby fixed at that amount, unless such failure shall be caused by the death of the said party of the first part, or his illness, extending over a space of three months.^ In witness whereof, the said parties have hereunto set their hands, the day and year first above written. In presence of A. B. G. H. C. D. & Co. (Acknowledgment or prooi as m forms Nos. 6, etc.) 1. Omit these words in brackets and see as to contract for liquidated wlien tlie contract relates to a book damages, cases cited in note 3 to other than a law book. form No. 170. See also form No. 2. See notes to last form, No. 180, No. 182. Articles of copartnership between two attorneys. Articles of agreement, made the day of , in the year i , between A. B., of, etc., of the first part, and C. D.^ of, etc., of the second part, (*) attorneys and counselors at law.' Whereas, the said A. B., for the consideration hereinafter mentioned, hath agreed to admit the said C. D. to be a co- partner in profit and loss, in the proportions hereinafter men. tioned, with him, the said A. B., in the business or profession of an attorney and counselor at law [and of a (solicitor and) conveyancer],^ and in all business common or incident thereto, or to either of them, and in all other business that he, the said A. B., shall be concerned or employed in for the term of (ten) years, to be computed from the date of these presents ; if both of them, the said A. B. and C. D., shall so long live,' (**) (or, whereas the said A. B. and C. D. have agreed to form a copartnership for the considerations herein- after mentioned, in the business and profession of attorneys 2o6 Forms of and counselors at law [and of (solicitors and) conveyancers], and in all business common or incident thereto, or to either of them, and in all other business that they, the said A. B. and C. D., shall be concerned or employed in for the term, etc. [as above to (**)] the same to be managed and carried on in the joint names of the said A. B. and C. D., at [their office (or, at the ofifice of the said A. B.), No. , A street in the (city) of ], or at such other place as the same shall be from time to time removed to by their mutual consent, subject to and under the several covenants, provisos and agreements, hereinafter contained. Now these presents witness, that in pursuance of the said recited agreements, and in consideration that the said C. D. hath agreed (or, that the said A. B. and C. D. have agreed) to employ his whole time (or, their whole time) in the man^ agement of the said business, in promoting and conducting the same, to the utmost of his (or, their) skill, he, the said A. B., for himself, his heirs, executors and administrators, doth hereby covenant, promise and agree, to and with the said C. D., his executors and administrators, and the said C. D., for himself, his heirs, etc., doth hereby covenant, promise and agree, to and with the said A. B., his executors, etc.; in man- ner and form following, that is to say, that they, the said A. B. and C. D., shall and will become, continue and be copart- ners together, under the firm name and style of B. & D., in profit and loss, in the proportion hereinafter mentioned, in the said business or profession of attorneys and counselors (and solicitors) in the carrying on, prosecuting, managing and defending all and every suit and suits at law and in^ equity (which he, the said A. B., is already concerned in, and) which they, the said A. B. and C. D., or either of them, at any time during the said copartnership, shall be concerned in, and in perusing, drawing and settling all and every such deeds, titles, writings, conveyances and other instruments whatsoever, which they, the said A. B. and C. D., or either of them, shall be employed about during the said copartnership, and all procurations, gratuities, rewards, and in all other business common or incident to the business of an attorney and counselor (solicitor and conveyancer), or in which they, or Agreements. 207 either of them, shall be employed (save and except as herein- after mentioned or excepted), for the term of (ten) years, to be computed from the day of the date of these presents, if they, the said parties, shall so long live, to be carried on at the office of the said A. B. and C. D., or other place above mentioned (in the same manner as the same is now carrying on there, and that the said A. B., dur- ing so long as the said business shall be carried on in his present, or any other office owned by him hereafter at any time, during the said term? of (ten) years be paid and allowed yearly and every year, at and after the rate of dollars per annum, for and toward the rent and taxes of said office, in the same manner as such business hath been lately carried on there, and for the usual necessary coals, lights and other expenses of said office, incurred personally by him). That neither of them, the said A. B., or C. D., shall or will, at any time during the continuance of this co- partnership, carry on; prosecute or defend any suit or suits at law or in equity, or make any conveyances, deeds, writ- ings or securities, or transact or do any other affairs or busi- ness incident or belonging to the profession of an attorney and counselor (solicitor or conveyancer) for any profit or advantage on his own separate account, or for any other account than for the joint benefit of the said A. B. and C. D., in the proportion hereinafter mentioned (save and ex- cept, etc., which shall be prosecuted and carried on and com- pleted for the sole and separate account and benefit of the said A. B., and the said C. D. is not to have any part or share of the profits which have arisen, or shall arise there- from). That they, the said A. B. and C. D., shall during this copartnership, and in the end thereof, have, and be en- titled to such respective shares, rights and interests in the profits and advantages arising therefrom, and to be made of the said copartnership business as hereinafter mentioned, viz.: (for the first two years of the said term of years, the said A. B. shall be entitled to two-third parts thereof, and the said C. D. to one-third part thereof. And for the re- maining years of the said term of years, they, the said A. B. and C, D., shall have, and be entitled to the said 2o8 Forms of profits and advantages arising from the said copartnership business in equal moieties, share and share alike). And that all debts that they, the said parties, shall owe or contract on account of the said copartnership, and all losses which they shall sustain by reason of the said copartnership business, and all clerks' and writers' salaries, disbursements for coun- sel fees, and other charges, demands and necessary expenses that shall be occasioned or happen on account of their copart- nership, shall be sustained and borne by them, the said A. B. and C. D., respectively, and their respective executors and administrators, in the proportion above memtioned (regard being had to the time when such debts, losses and payment of salaries, and other charges and expenses shall happen to be made or contracted, whether in the first years or in the last years of the said term of (ten) years). That all and every sum and sums of money to be advanced by the said parties, for the carrying on the said copartnership, and all and every sum and sums of mOney that shall be re- ceived by either of them, on account of the said copartner- ship business, or for fees, rewards or gratuities, shall from time to time be deposited and remain in the hands of the said A. B., in trust for the joint use and benefit of both the said parties, according to their respective proportions and inter- ests therein, as before mentioned, and that out of the said money, he, the said A. B., shall and will pay to and supply the said C. D. with all such sum and sums of money as shall from time to time be necessary or expedient for the carry- ing on and prosecuting the said joint business, or that he, the said C. D., shall expend on account thereof. That for the more easy and better carrying on the said business of the said copartnership, they, the said parties, or one of them, shall and will, from time to time, duly and faithfully enter, or cause to be entered, all sum and sums of money that shall be received for, or on account of the said copartnership busi- ness, or for fees, gratuities or rewards, and all sum and sums of money that shall be laid out or expended on account of the said copartnership business in proper books of account, to be kept for that purpose. And, also, that they, the said parties, shall and will keep as many such books of account as Agreements. 209 shall be thought necessary for the manifesting the state and proceedings of the said joint business, all which books shall be kept in such place or places at the said office, or such other place as the said joint business for the time being shall be carried on at, where each of the said parties shall from time to time during the said copartnership have free access and recourse to read, peruse, examine and copy out of the same at his pleasure. And that all such books, and also all books of precedents, papers and vouchers in the proceedings of business, done and effected by the said parties, shall, at the end of the said co- partnership, be delivered up to, and become the sole property of, such of the said parties hereto as shall thus continue to be the (solicitor or)* attorney for the parties whose affairs and concerns were principally involved therein. And that neither of the said parties to these presents shall or will from henceforth, during all the term of the said co- partnership, enter into any contract, promise or undertaking to appear and put in bail to the sheriff, or to put in and per- fect bail in any court whatsoever, for any person or persons whomsoever, without the consent of the other of the said parties hereto in writing, first for that purpose had and ob- tained. Nor shall nor will hire, engage into or discharge from their official employ, any clerk or writer, either to be articled with or without premium, or hired at any salary or wages, without their like mutual consent and privity. That if either of the said parties shall give credit to, or disburse any sum or sums of money for any particular person or persons whomsoever (which he shall have been forewarned of by the other of them not to trust, by a notice or warning in writing), any such party or parties shall alone stand to the loss, hazard and adventure thereof, and the share of the said party in the profit of the said business shall stand charged with the same. That the said parties shall and will yearly during the said copartnership, on the day of , in every year, or within days after, at the farthest, join in account to- gether in making' and stating a true, just, plain and perfect general account and reckoning in writing, of, for and con- cerning all business and transactions whatsoever, relating to 27 210 Forms of the said copartnership, and of all sum and sums of money, and other estates, that shall be due and owing, or belonging to them, and of all debts and duties which they, the said parties, shall then owe to any person or persons whomsoever, without fraud or delay, and that the said first general account shall be made up and stated by the said parties, on the day of , in the year i , or within days after at the farthest, and that, upon stating and finishing such ac- ccount as aforesaid, they, the said parties, will use their joint and utmost endeavors to recover, receive and collect in all and every such sum and sums of money as shall appear to be due and owing to them, and after payment and deduc- tion of all sum and sums of money due and owing from the said copartnership (and of such sums as are hereinbefore agreed to be retained as aforesaid), they, the said parties, shall thereupon make a partition and division between them of such part of the clear gains and profits of the said copart- nership and joint business, and of all sum and sums of money as shall then be had and gotten, in the shares arid proportions hereinbefore mentioned. That in case of the death of either of the said parties, the survivor shall and will, as soon as conveniently may be after the death of such party, adjust, strike and make up a perfect, true and just account and reckoning, in writing, of all matters and transactions relating to or concerning the said copart- nership, and of all such debts as by or to the said copartner- ship shall be due and owing by reason of the said copart- nership, and within six months next after the decease of the party so dying, deliver, or cause to be delivered unto, his executors or administrators, a true statement of such account and reckoning, in writing, and recover, receive and get in, as soon as may be, all and every such debts, sum and sums of money as shall then be owing to the said copartnership, and well and truly pay, or cause to be paid, after a deduction of all debts by them owing on account of the said copartner- ship, unto the executors or administrators of the party dying, such sum and sums of money as shall be then in hand, at the death of the party so dying, and such part of the outstand- ing debts as shall appear by the said account, to be so set- Agreements. 211 tied on account of the death of such party to be the share of the party so dying, as the same shall from time to time be had, collected, got in and received." (That all and every sum and sums of money as shall at any time be paid to, or received by either of the said parties, from any person or persons whomsoever, who is or are debtor or debtors of the said A. B., for or on account of any business done and per- formed, or to be done and performed, shall in the first place be applied toward the discharge of such debt or debts as were due and owing by the said A. B., before the com- mencement of this copartnership, and the remainder of such sum and sums shall go and be applied to the said copart- nership account.) And lastly, it is hereby covenanted, concluded and agreed, by and between the said parties, that if at any time here- after, any doubt, question, variance or controversy shall arise between the said parties, during the continuance of this co- partnership, or either of them, their or either of their execu- tors or administrators, for, touching or concerning the said copartnership business in any wise, and they cannot of them- selves agree and determine the same, then in such case, the said parties, their executors or administrators, respectively, shall and will forthwith nominate and appoint two discreet and indifferent persons to end and determine all matters, differences and cohtroversies then depending between them, one of them to be chosen by each party, or his respective executors or administrators ; and in case such two persons cannot agree to determine the matters to them referred, within days next after the reference, then the same shall be referred to and discussed by such an indifferent person as the said two first referees shall for that purpose nominate or appoint, who shall determine the same within days next after he shall be appointed umpire, and the said parties, their executors and administrators, shall and will stand to, and perform the award and determination which shall be made by the said arbitrators, or their umpire so to be elected and appointed as aforesaid, so as the said award and deter- mination of the said arbitrators or umpire be made and put in writing under their respective hands and seals, ready to 212 Forms of be delivered to the said parties when they shall require the same of the said arbitrators or umpire. (And further it is. agreed that such submission and reference shall from time, to time be made by written agreement, made, executed and acknowledged as required by the Code of Civil Procedure of the State of New York,)* In witness, etc. (as in form No. i8l). In presence of A. B. E. F. C. D. (Acknowledgment or proof as in chap. 3, forms Nos. 6, etc.) Provision for dissolving the copartnership. Provided, nevertheless, that in case either of them, the said A. B. and C. D., shall be desirous of dissolving the part- nership by these presents entered into, before the said term of (ten) years be expired, and shall give to either of them months' notice in writing of such his intention (the said months to end on the day of , in the year in which such notice shall be given), that then the copartner- ship hereby created shall cease, determine and be utterly at an end, any thing herein contained, notwithstanding ' 1. By rules of the Court of Ap- 3. The death of one of the partners peals of New York, relating to the operates of itself as a dissolution of admission of attorneys and counsel- the firm, and the administrators, etc., ors, adopted May 4, 1882, to take ef- of his estate upon their appointment feet July I, 1882, the distinction be- become tenants in common with the tween the two offices is abolished, survivorsof the partnership property, and three years' study will entitle subject to the right of the surviving the candidate to be admitted as an partners to its possession and man- attorney and counselor. (See Rule 3 agement for the purpose of closing of such rules; Hun's Rules, 1888, up the partnership affairs. (Sagev. p. 38.) Woodin, 66 N. Y. 578, 580; Williams 2. There is no longer any office of v. Whedon, 109 id. 333.) solicitor in New York State, that of- A provision in a partnership agree- fice having been abolished with the ment that the death of a member shall Court of Chancery. A solicitor is not work a dissolution, but that the defined by Bouvier's Law Dictionary business shall continue and be con- to be a person whose business is to ducted by the survivors until a day be employed in the care and manage- specified, is invalid and abortive, it ment of suits depending in courts being beyond the competency of the of chancery. parties thus to abrogate the law of Agreements. 213 wills and distribution, in case of in- testacy. (Laney v. Laney, 6 Dera. 241.) 4. See note 2 to this form. 5. See note 3 to this form. 6. Sections 2365 and 2366 (title 8 of chap. 17) of the Code of Civil Procedure of the State of New York provides as follows, as to submission to arbitration: § 2365. A submission of a contro- versy to arbitration cannot be made, either as prescribed in this title or otherwise, in either of the following cases: 1. Where one of the parties to the controversy is an infant, or a person incompetent to manage his affairs, by reason of lunacy, idiocy, or habitual drunkenness. 2. Where the controversy arises re- specting a claim to an estate in real property, in fee or for life. But where a person, capable of en- ering into a submission, has know- ingly entered into the same with a person incapable of so doing, as pre- scribed in subdivision first of this section, the objection, on the ground of incapacity, can be taken only in behalf of the person so incapacitated. And the second subdivision of this section does not prevent the submis- sion of a claim to an estate for years, or other interest for a term of years, or for one year or less, in real prop- erty; or of a controversy respecting the partition of real property between joint tenants or tenants in common ; or of a controversy respecting the boundaries of lands, or the adraeas. urement of dower. § 2366. Except as otherwise pre- scribed in the last section, two or more persons may, by an instrument in writing, dul}' acknowledged or proved, and certified, in like manner as a deed to be recorded, submit, to the arbitration of one or more arbi- trators, any controversy existing be- tween them at the time of the sub- mission, which might be the subject of an action. They may, in the sub- mission, agree that a judgment of a court of record, specified in the in- strument, shall be rendered upon the award, made pursuant to the submis- sion. If the Supreme Court is thus specified, the submission may also specify the county in which the judg- ment shall be entered. If it does not, the judgment may be entered in any county. Section 2367 provides that where a submission is made as prescribed in this title, an additional arbitrator, or an umpire, cannot be selected or ap- pointed, unless the submission ex- pressly so provides. Where a sub- mission, made either as prescribed in this title or otherwise, provides that two or more arbitrators, therein designated, may select or appoint a person as an additional arbitrator or as an umpire, the selection or ap- pointment must be in writing. An ad- ditional arbitrator or umpire must sit with the original arbitrators, upon the hearing. If testimony has been taken before his selection or appointment, the matter must be reheard, unless a rehearing is waived in the submission, or by the subsequent written consent of the parties, or their attorneys. For forms of proceedings relating to arbitrations under that title, see Lansing's Forms of Civil Procedure, Vol. 2, Nos. 1269-1288, and see forms Nos. 167, 168, 169, and forms under title "Award" contained herein. Section 2366, above cited, is only applicable to submissions made as prescribed in that title. (Lorenzo v. Deery, 26 Hun, 447.) 7. This provision is intended to be incorporated into the above agree- ment, if desired, at the proper place. 214 Forms of No, 183. Articles of copartnership agreemeat between two trades- men. As in last form No. 182, to (*), and from thence as follows : The said A. B. and C. D. have agreed and do agree to be- come copartners together, under the firm name and style of B. & D., in the art or trade of, etc., and all things thereto belong- ing, and also in buying, selling, vending and retailing of all sorts of wares, goods and commodities belonging to the said trade of, etc., which said copartnersI;iip, it is agreed, shall con- tinue from, etc., for and during, and until the full end and term of (eight) years, from thence next ensuing, and fully to be complete and ended ; and to that end and purpose, he, the said A. B., hath, on the day of the date of these presents, de- livered in as stock, the sum of dollars, and the said C. D., the sum of dollars, to be used, laid out and employed in common between them, for the management of the said trade of, etc., to their utmost benefit and advantage ; and it is hereby agreed between the said parties, and the said co- partners, each for himself, respectively, and for his own par- ticular part, and for his respective executors and adminis- trators, doth covenant, promise and agree with the other of them, his respective executors and administrators, by these presents, in manner and form following, that is to say : First. That they, the said copartners, shall not, nor will at any time hereafter, use, exercise or follow the trade of, etc., aforesaid, or any other trade whatsoever, during the said term, to their private benefit or advantage, but shall and will from time to time, and at all times during the said term, if they shall so long live, do their and each of their best" and utmost endeavors, in and by all means possible, to the ut- most of their skill and power, for their joint interest, profit, benefit and advantage, and truly employ, buy, sell and mer- chandise with the stock aforesaid, and the increase thereof in the trade of, etc., aforesaid, without any sinister intentions or fraudulent endeavors whatsoever. Agreements. 215 Second. And also, that they, the said copartners, shall and will, from time to time, and at all times hereafter, during the said term, pay and bear and discharge equally between them, the rent of the shop, which they, the said copartners, shall rent or hire for the joint exercising or managing the trade aforesaid. Third. And that all such gain, profit and income that shall come, grow or arise, for or by reason of the said trade or joint business as aforesaid, shall be from time to time, during the said term, equally and proportionately divided between them, the said copartners, share and share alike. Fourth. And also, that all such losses as shall happen in the said joint trade by bad debts, ill commodities or other- wise, without fraud or covin, and all wages, charges, expen- ses, purchases and payments, whatsoever, relative to and in the said joint trade, shall be paid and borne equally and proportionately between them. Fifth. And further, that neither of the said parties hereto shall take any apprentice into the said joint trade without their mutual consent, and that all apprentice fees to be re- ceived by them, or either of them, shall be carried to their joint account. Sixth. And that neither of the said parties shall or will sign and execute or deliver any bond, judgment, or warrant of attorney to enter up judgment, nor give, sign, indorse, draw or accept any bill of exchange or promissory note what- soever, whereby the said joint trade can be affected in any manner howsoever, or without the consent of the other of the said parties being first obtained, or the same being duly entered, in case of the absence of the other of the said parties, into the proper book or books of the transactions of the said copartnership, or use or employ the firm name of the said copartnership in any transactions of notes or bills for accom- modation in any manner howsoever, or become bail to the sheriff, or in any court of law or judicature whatsoever, for any person or persons whomsoever. Seventh. And further that no importation or large pur- chase of goods or other things shall be made, nor any trans- action out of the usual course of the retail business shall be 2i6 Forms of undertaken by either of the partners, without previous con- sultation with, and the approbation of, the other partner. Eighth. Neither party shall withdraw from the joint stock, at any time, more than his share of the profits of the busi- ness then earned, nor shall either party be entitled to inter- est on his share of the capital ; but if, at the expiration of the year, a balance of profits be found to either partner, he shall be at liberty to withdraw the said balance, or to leave it in the business, provided the other partner consent thereto, and in that case he shall be allowed interest on the said balance. And further, it is agreed, by and between the said co- partners, that there shall be had and kept, from time to time, and at all times during the said term and joint business and copartnership together, as aforesaid, perfect, just and true books of accounts, wherein each of the said copartners shall duly enter and set down as well all money by him received, paid, expended and laid out, in and about the management of the said trade, as also all wares, goods, commodities, and merchandises by them, or either of them, bought and sold by reason, or means, or upon account of the said copartnership, and all other matters and things whatsoever to the said joint trade, and the management thereof, in any wise be- longing or appertaining ; which said books shall be used in common between the said copartners, so that either of them may have free access thereto without any interruption by the others. Ninth. And also, that they, the said copartners, once in three months, or oftener if need shall require, upon the rea- sonable request of one of them, shall make, yield and ren- der each to the other, or to the executors or administrators of each other, a true, just and perfect account of' all profits and increase by them, or either of them, made, and of all losses by them, or either of them, sustained, and also of all payments, receipts, disbursements and all other things what- soever by them made, received, disbursed, acted, done or suffered in the said copartnership and joint business as afore- said, and the same account so made shall and will clear, ad- just, pay and deliver each unto the other, at the time of Agreements. 217 making such account, their equal shares of the profits so made as aforesaid. Tenth. And at the end of said term of (eight) years, or other sooner determination of these presents, be it by the death of one of the copartners or otherwise,^ they, the said copartners, each to the other, or in case of the death of either of them, the surviving party to the executors or administra- tors of the party deceased, shall and will make a true, just and final account of all things as aforesaid, and divide the profits as aforesaid, and in all things well and truly adjust the same, and that also upon the making of such final ac- count, all and every the stock and stocks, as well as the gains and increase thereof, which shall appear to be remain- ing, whether consisting of money, wares, debts, etc., shall be equally parted and divided between the said copartners, their executors or administrators, share and share alike; and if the said parties, or their legal representatives, cannot agree in the division of the stock then on hand, the whole copart- nership effects, except the debts due the firm, shall be sold at public auction, at which both parties shall be at liberty to bid and purchase like other individuals, and the proceeds shall be divided, after payment of the debts of the firm, in the proportions aforesaid. Eleventh. For the purpose of securing the performance of the foregoing agreements, it is agreed that either party, in case of violation of them, or either of them, by the other, shall have the right to dissolve this copartnership forthwith, on his becoming informed of such violation. (Insert clause for arbitration, if desired, like that contained in last form.)^ In witness, etc. (as in form No, 181.) A B. In presence of C. D. E. F. (Acknowledgment or proof as in chap. 3, forms Nos. 6, etc.) 1. See note i to last form, No. 182. 2. See as to arbitration, note 6 to last form, No. 182 28 2i8 Forms of No. 184. Agreement for dissolution of a copartnership. This indenture made this day of , in the year I , between A. B. of the one part, and C. D. of the other part. Whereas, by indenture, dated on the day of , in the year i , it was covenanted and agreed, that the said A. B. and C. D. should become partners and joint traders together, under the firm name and style of A. B. & Co., in the art and trade of , for the term of years, from the day of , then next ensuing, upon a joint (and equal) capital, to be made up between them, upon and sub- ject to the terms and conditions in the said indenture par- ticularly mentioned, as in and by said indenture will more fully and at large appear. And, whereas, the said A. B. and C. D. have mutually consented and agreed to dissolve the said copartnership, on the day of , next ensuing the date of these presents, and that the said A. B. shall quit and give up the said trade to the said C. D., and also the said joint stock, upon the terms and conditions hereinafter mentioned, expressed and declared. And, whereas, all ac- counts relative to the receipts and disbursements on account of the said joint trade, and of all sums of money advanced and paid by the said parties, have been settled and adjusted up to the day of the date hereof, and upon such account there appears to be due and owing from the said A. B. to the said C. D. the sum of dollars. And, whereas, the said joint stock in trade has been valued and appraised at the sum of dollars, one moiety or half part whereof the said C. D. is entitled to, and the said A. B. has agreed to secure the payment of the said sum of dollars, and the sum of dollars, being one-half part of the value of the stock in trade to the said C. D. And, whereas, it also ap- pears that there is due and owing to the said copartnership estate, from sundry persons, the sum of dollars, and that the said copartnership estate stands indebted to sundry persons in the sum of dollars : Agreements. 219 Now, this indenture witnesseth, that the said A. B. and C. D., in pursuance and performance of the said agreement, for themselves, their executors and administrators, have cove- nanted and agreed, and by these presents do covenant and agree, to and with each other, their executors and admin- istrators, that the said copartnership trade, and all deal- ings and transactions relative thereto, shall, from the said day of , next ensuing the day of the date of these presents, cease and determine, and that the said indenture of copartnership, and every covenant, article, clause and agreement therein contained, as to the residue of the said term, shall from thenceforth cease and determine, and be absolutely void. And it is further covenanted and agreed, that the said trade and business shall be exercised and car- ried on from the said day of , by the said A. B., and in his own name and for his own benefit only and at his own risk, and that the name of the said C. D. shall not be made use of in the said trade from that time, and that the said C. D., his executors or administrators, shall not be entitled to any subsequent profits or subject to any losses that may arise thereby. And it is further covenanted and agreed that the said A. B. shall collect, receive and get in all debts due and owing to the said copartnership, and shall and will from time to time, as such debts shall be received and got in, pay and ap- ply the same toward the discharge of all demands on the said copartnership, and after such payment, shall and will, out of the surplus thereof, pay to the said C. D., his execu- tors or administrators, the share or interest of the said C. D. therein and thereto, as the same shall be made to appear by the accounts of the said copartnership. And for the better enabling the said A. B. to collect, re- ceive and get in the debts due and owing to the said copart- nership, the said C. D. doth hereby authorize and empower the said A. B. to ask, demand, sue for, levy, recover and re- ceive the same, and to take all lawful ways and means to compel the payment thereof. And the said A. B. for the considerations aforesaid, doth hereby covenant and agree, to and with the said C. D., that 220 Forms of the said A. B. shall and will, by one bond or obligation, be- come bound for payment of the sum of dollars (being one moiety of the valuation of the said stock in trade), with interest for the same after the rate of (six) dollars, per centum per annum, in manner following (that is to say), dollars and interest, part thereof, on the • day of , i , and the further sum of dollars and interest, on every succeed- ing day of the month, till the whole sum of dollars shall be fully paid and satisfied ; and also, shall and will pro- cure three sufficient and responsible persons, who shall be- come bound with the said A. B. by one other bond or obli- gation, in the penal sum of dollars, conditioned for the payment of dollars (being the sum hereinbefore men- tioned to be due to the said C. D., on settling accounts as aforesaid), with interest for the same, after the rate of (six) per centum per annum, in manner following, that is to say : the sum of dollars, part thereof, and interest on the day of ■ next ensuing, and the further sum of dol- lars and interest, on every succeeding day of the month, till the whole sum of dollars shall be fully paid and satis- fied. And it is hereby further covenanted that the said joint stock in trade shall, from the said day of , become, remain and continue the sole property of the said A. B., in case the said A. B. shall have executed and delivered such bonds to the said C. D. , with such conditions as are herein- before set forth, and from the execution thereof. And the said C. D., for himself, his executors and administrators, doth hereby covenant and agree to and with the said A. B., his executors and administrators, to grant to the said A. B., his executors, administrators and assigns, a lease of the said messuage, warehouse and premises in which the said joint trade has been carried on for the term of years from the said day of , at the yearly rent of dollars, in which lease shall be contained common and usual covenants. And finally, the said parties hereto do hereby mutually covenant and promise, the one unto the other of them, to sign and cause to be inserted in the and such other pub- lic newspapers as shall be thought expedient, and as either Agreements. 221 of them shall require, due notice of the said dissolution of their said copartnership, and such other notification thereof, by letters or otherwise, as may be found necessary.^ In witness, etc. (as in form No. i8i). In presence of A. B. E. F. C. D. (Acknowledgment or proof as in chap. 3, forms Nos. 6, etc.) Publication of notice of the disso- lution of a partnership in a news- paper, at the place where the business is carried on, is not sufficient to re- lieve a retiring partner from liability for subsequent transactions in the firm name, with one having dealings with the firm prior to the dissolution; in such case notice must be brought home to the dealer, or it must appear that facts have come to his knowledge sufficient to advise him, or to give him reason to believe that a dissolu- tion has taken place. (Id.) Such publication is sufficient notice however, to all persons not having had prior dealings with the firm. (Id.) The mailing of a notice of dissolu- tion, properly directed to the party sought to be charged with notice, is not sufficient alone to relieve the re- tiring partner; it raises a presump- tion of notice, but one which may be repelled by proof that the notice was not in fact received. (Id.) Where a change has been made in the proprietorship of a business, it is not necessary, in order to charge a customer with notice of the retire- ment of one with whom he has been accustomed to deal, that notice of the change should be positive and ex- plicit, but it must be sufficient to put the former upon inquiry, in order to relieve the former proprietor from liability upon the new transactions. (Lewis V. Shepard, 35 N. Y. State Rep. 378; S. C, 12 N. Y. Supp. 209.) I. It is necessary that actual notice of the retirement of one of the mem- bers of a copartnership should be given to those who have given credit to the firm, to protect the retiring partner from liability to such persons as to subsequent transactions with the other members in the name of the firm. (Clapp v. Rogers, 12 N. Y. 283.) It seems, that it is not requisite that persons who have had no deal- ings with a copartnership, except to sell its property for cash paid on its delivery, should be notified of its dissolution to protect its members from liability. (Id.) See, further, as to who are to be considered dealers with the firm, so as to be entitled to notice of its dis- solution in order to protect the sev- eral partners from liability for subse- quent dealings had with them by the firm, National Shoe and Leather Bank V. Herz (24 Hun, 260; afTd, S. C, 89 N. Y. 630); Forbes v. Garfield (32 Hun, 389); Merritt v. Williams (17 Kans. 287); Austin v. Holland (69 N. Y. 571; S. C, 25 Am. Rep. 246); Dailey v. Blake (35 N. H. 9). A retiring partner is liable for ser- vices rendered subsequent to the dis- solution of the partnership by an agent in its employment at that time, and who, thereafter, without notice of thd dissolution, continues under the same apparent employment. (Austin V. Holland, supra.') 222 Forms of No. 185. Dissolution of copartnership indorsed on original articles. It is hereby agreed between the parties to the within arti- cles of agreement, dated , i , that the copartnership mentioned in said articles (*) is hereby dissolved (from the day of next), and that either one of the partners (or, that A. B., one of the partners) is authorized to receive money, and to compromise claims due the said copartner- ship, and to give receipts and acquittances therefor [and, it is further agreed that (stating any further terms of the disso- lution.)]! Dated , i . A. B. CD. (Acknowledgment or proof, as in chap. 3, forms Nos. 6, etc.) I. See notes to last form. No. 184. No. 186. Agreement continuing partnership, indorsed on original ar- ticles. As in form No. 185, to (*) and from thence as follows : be and the same is hereby agreed to be continued between said partners for the further term of years from and after the day of , i , upon the same terms, con- ditions, covenants and provisions as are contained in the said articles [except (state any changes in original terms, etc.)]. Dated , i A. B. CD. (Acknowledgment or proof as in chap. 3, forms Nos. 6, etc.) No. 187, Articles of agreement between a merchant and his clerk. Articles of agreement made this day of , in the year i , between A. B., of, etc., of the first part, and C D., of, etc., of the second part. Agreements. 223 The said C. D., for the considerations hereinafter men- tioned, doth hereby for himself, his executors and adminis- trators, covenant, promise and agree, to and with the said A. B., his executors and administrators, by these presents, that he, the said C. D., shall and will, during the space of (five) years, to commence from the day of the date hereof (dwell, continue and abide in the house of the said A. B., and) diligently and faithfully serve the said A. B. during the said term (in keeping the books of account of him, the said A. B.,and) in such (other) employment, business and affairs as he, the said A. B., shall think proper to employ him in during the said term, and therein shall, from time to time, and at all times during the said term, observe, fulfill and keep the lawful and reasonable commands and directions of the said A. B., without disclosing the same or the secrets of his employment, business or dealings to any person or per- sons whomsoever, during the said term, and shall not at any time hereafter during the said term correspond with any person or persons corresponding with the said A. B., nor use any traffic or dealing in the way of the said A. B., either for himself or for any other person or persons other than the said A. B., without the permission and con- sent of the said A. B. first had and obtained for that pur- pose. And the said C. D., for himself, his executors and admin- istrators, doth hereby further covenant, promise and agree to and with the said A. B., his executors and administrators, that he, the said C. D. (will from time to time, during the said term, write and keep a true and perfect account and ac- counts for him, the said A. B., and) will not embezzle, pur- loin, willfully waste or misspend any of the goods, wares, moneys, merchandise and commodities of the said A. B. (his servants, family, or any of them). And also shall and will, upon every request to him made for that purpose, make and give unto the said A. B., his executors or administrators, a full, true, just and perfect ac- count in writing of and for all money which he shall receive in or pay out of all goods and commodities which he shall at any time during the said term receive in or deliver or 224 Forms of pay out, for or upon the account and for the use or by the order of the said A. B. And also, that he, the said C. D., his executors or admin, istrators, shall and will well and truly pay, or cause to be paid, unto the said A. B., his executors or administrators, all such sum or sums of money as shall appear to be due upon the foot of any such account or accounts. And further, that he, the said C. D., shall not, nor will at any time or times during the said term, trust or deliver forth, or pay upon credit, any of the goods, wares, merchandises, moneys or securities of or belonging to or in the hands, cus- tody or power of the said A. B., to any person or persons whomsoever, without the previous consent and direction of the said A. B. In consideration of all which said services, to be observed, done and performed by the said C. D., as aforesaid, he, the said A. B., doth hereby covenant and promise, for himself and his executors and administrators, that he, the said A. B., shall and will pay, allow and give unto him, the said C. D., the sum of dollars, by the year, for every year dur. ing the aforesaid term of (three) years, by even (quarterly) payments, the first (quarterly) payment thereof to be made on the (fifth) day of (July), i ; (and shall and will, during all the said term, find and provide for the said C. D. suffi- cient meat, drink, lodging and washing). And finally, it is hereby mutually agreed, by and between the said parties to these presents, that it shall be at all times in the option and power of the said A. B. to put an end to this agreement, and to the said term of service hereby con- tracted, by giving to the said C. D. (three months') notice thereof in writing, under the hand of him, the said A. B., any thing heretofore contained notwithstanding. In presence of A. B. E. F. C. D. (Acknowledgment or proof as in chap. 3, forms Nos. 6, etc.) Agreements. 225 No. 188. Memorandum on a sale of wheat. It is agreed by and between E. F. and G. H., of, etc., that he, the said G. H., in consideration of three hundred bushels of wheat, sold to him this day by the said E. F., and by him agreed to be delivered to the said G. H., free of all charges and expenses whatsoever, at, etc., on or before the, etc., next, shall and will pay, or cause to be paid, to the said E. F., or his assigns, within three months after such delivery, the sum of . And the said E. F., in consideration of the agreement aforesaid, of the said G. H., doth promise and agree, on or before, etc., aforesaid, at his own proper expenses, to send in and deliver to the said G. H., or his assigns, the said three hundred bushels of wheat so sold him as aforesaid, and that he, the said E. F., shall and will warrant the same to begood^ clean and merchantable grain. In witness whereof, etc. (as in form No. 181).^ E. F. In presence of G. H. A. B. (Acknowledgment or proof as in chap. 3, forms Nos. 6, etc.) I. By the New York Revised Second. Unless the buyer shall ac- Statutes it is provided that every con- cept and receive part of such goods, tract for the sale of any goods, chat- or the evidences, or some of them, tels or things in action, for the price of such things in action; or, of $50 or more, shall be void, unless, Third. Unless the buyer shall, at First. A note or memorandum of the time, pay some part of the pur- such contract be made in writing, chase-money. (2 N. Y. Rev. Stat, and be subscribed by the parties to 136; 7th ed. 2328.) be charged thereby; or. No. 189. Articles of marriage. Articles of agreement of three' parts, made this day of , I , between A. B., of, etc., of the first part, E. 29 226 Forms of D., of, etc., of the second part, and C. D., of, etc. (and E, F., of, etc.), of the third part, as follows : Whereas, the said E. D. is seized to her, and to her heirs in fee-simple, of and in certain lands, messuages and tenements, with their appur- tenances, described as follows, to-wit : All that certain lot, etc., situate, lying and being, etc. (describing same), and is also seized of certain personal property, to-wit : (describing the same). And, whereas, a marriage is shortly intended to be had and solemnized between the said A. B. and E. D. And, whereas, it has been agreed between the said A. B- and E. D., that said estate shall be settled upon the trusts, and for the uses and purposes hereinafter declared (*). It is, therefore, covenanted arid agreed, by and between the said parties to these presents, in manner and form following, that is to say: First, the said A. B., for himself, his heirs, executors and administrators, doth covenant and agree to and with the said C. D. (and E. F.), his (or, their) heirs and assigns, that they, the said A. B. and E. D., his intended wife, in case the said intended marriage shall be had and solemnized, by some good and suiiScient conveyance or conveyances in the law, shall settle and assure all these lands, messuages or tene- ments, with the appurtenances and personal property whereof she, the said E. D., is seized as aforesaid, on and to the said C. D. (and E. F.), to the use and behoof of the said A. B., and his assigns, during the term of his natural life; and from and after the decease of the said A. B., then to the use and behoof of the said E. D., his said intended wife, for and during the term of her natural life ; and from and after her decease, then to the use and behoof of the heirs of the body of the said E. D. by the said A. B., lawfully to be begotten, and for the default of such issue, then to the use and behoof of the said E. D., her heirs and assigns forever, and to and for no other use, intent or purpose whatsoever. And, whereas, the said E. D. is also possessed of, or inter- ested in, for the remainder of a term of years (if she shall so long live), all that messuage or tenement, with the Agreements. 227 appurtenances, situate, etc. (describing property), by virtue of a certain indenture of lease thereof granted to the said E. D., by L. M., of, etc.: Now the said A. B., for himself, his heirs and executors, doth further covenant, grant and agree, to and with the said C. D. (and E. F.), his (or, their) heirs and assigns, that they, the said A. B., and E. D., his said intended wife (in case the said marriage shall take effect), shall and will, by like good and sufficient conveyances in the law, settle and assure the said messuage or tenement, with the appurtenan- ces, in such manner as that the same may be held and en- joyed, and the rents and profits thereof may be had, re- ceived and taken by the said A. B. and his assigns, during so many years of the said term as he shall happen to live ; and from and after his decease, then by the said E. D., his said intended wife and her assigns, for and during so many years of the said term as she shall happen to live ; and from and after her decease, then by such children of the said E. D. by the said A. B. to be begotten, in such manner as it may not be in the power of the said A. B. to defeat such, their issue ; and for default of such issue, then by the exec- utors, administrators or assigns of the said E. D., and upon no other trust, and- to and for no other use, intent or pur- pose whatsoever. And forasmuch as the said A. B. is not at present seized or possessed of any estate sufficient to make a jointure for the said E. D., his intended wife, equivalent to her fortune, the said A. B. doth, for himself, his heirs, executors and ad- ministrators, covenant, grant and agree, to and with the said C. D. (and E. F.), his (or, their) heirs and assigns, that in case the said intended marriage shall take effect, and he, the said A. B., shall happen to die in the life-time of the said E. D., that then he, the said A. B., shall and will, by his last will and testament, in writing or otherwise, give and assure unto the said E. D. the sum of dollars, of lawful money of the United States, or the full value thereof in lands, tene- ments, goods or chattels, to be at her own proper disposal. 228 Forms of and to be by her received and taken lO her own proper use and benefit.' In witness, etc. (as in form No. i8i). A. B. [L. S.] E. D. [L. S.] CD. [L. S.] [E. F.] [L. S.] (Acknowledgment or proof as in chap. 3, forms Nos. 6^ etc.) I. See next form, No. igo, for a married woman by a marriage set- another form of marriage articles. tlement, by which the entire legal es- A power, general or special, bene- tate is vested in trustees. (Wright ficial or in trust, may be reserved to v. Tallmadge, 15 N. Y. 307.) No. 190. Articles of marriage, another form. As in last form, No. 189, to (*) and from thence as follows: Now, therefore, in consideration of the said intended marriage and of the sum of one dollar to the said party of the second part in hand paid by the said party (or, parties) of the third part, the receipt whereof is hereby acknowledged, the said party of the second part hath granted and conveyed, and by these presents doth grant and convey unto the said party (or, parties) of the third part, his (or, their) successors and assigns, all and singular the above-mentioned and described premises upon the following trusts, viz.: For the use and benefit of the said E. D., until her said intended marriage shall take place, and from and after the solemnization thereof, then upon trust, from time to time to apply to the use of the said E. D., all the interest, dividends and annual produce thereof, during the joint lives of the said A. B. and E. D., to her own proper use and benefit, and upon her own proper receipt for the same, notwithstanding her coverture, to the intent that the same may not be at the disposal or under the control of the said A. B., or in any manner subject to his debts and engagements ; and from and immediately after the decease of the said A. B., in case the said E. D. shall survive him, then upon trust for the use and benefit of the said E. D., her executors, administrators and assigns, and upon trust in such case to grant and convey the trust estate Agreements. 229 ^nd every part thereof, to the said E. D., absolutely, or to grant and convey the same to such person or persons as she, by any writing to be by her duly executed, may limit, direct and appoint ; but in case the said A. shall survive the said E., then upon trust, from and immediately after her decease, to apply to the use of the said A., all the interest, dividends and annual produce thereof, from time to time, during his natural life, to and for his own use and benefit ; and on the decease of the said A., to pay and divide the capital or prin- cipal of the said trust fund, and to grant and convey all her real estate to and among the lawful children of the said E. and their issue, in such proportions, shares, manner and form, as she, by any writing under her hand subscribed in the presence of two or more witnesses, shall direct and ap- point ; and for want of such appointment, to and among the children of the said E., and the lawful issue of such of them as may be deceased, according to the rules of descent and of distribution in cases of intestacy. But if there shall be no issue of the said E. then surviving, then, upon trust, to pay and dispose of the said capital or principal, and grant and convey the said real estate, according to the direction and appointment of the said E. ; and for want of such ap- pointment to and among her three surviving nephews and nieces, children of her sisters and the lawful issue of such of them as may be deceased, according to the like rule of de- scent and distribution. And the said C. D. (and E. F.) may upon the request of said E., in writing, sell and convey any part of the said estate or the whole thereof, upon such terms as she shall direct, and may receive and invest the proceeds thereof, for the like uses and purposes hereinbefore declared with respect to the property hereby conveyed.' In witness whereof (as in form No. i8i). A. B. [L. S.J E. D. [L. S.] CD. [L. S.] E. F. [L. S.] (Acknowledgment or proof as in chap. 3, lorms Nos. 6, etc.) I. This form is from the case of ment see last form. No. i8g. See, also, Wright V. Tallmadge, 15 N. Y. 307. note i to that form; and see Genet For another form of marriage settle- v. Hunt (113 N. Y. 158). 230 Forms of No. 191. Articles of separation between husband and wife. This indenture of three parts, made between G. G., of , of the first part, A., his wife, of the second part, and B. (a trustee) of the third part. Whereas, etc. (here insert recital of the settlement before marriage, if any such marriage . set- tlement there be), and whereas, some unhappy differences have lately arisen between the said G. G., and A., his wife, and they have mutually agreed to live separate and apart from each other ; and previous to such separation, he, the said G. G., hath consented thereto, and also proposed and agreed that he, out of his own proper moneys, would allow and pay to the said A., his wife, during the term of her natural life, for her better support and maintenance (over and above the provision made and settled upon her, the said A., for her separate use, by the above-recited indenture), one annuity or yearly sum of , clear of all taxes, charges and deductions whatsoever, payable to her in such manner as hereinafter is mentioned, subject, nevertheless, to the pro- visions hereinafter contained, touching the payment of the said annuity; and, also, that in case the said A., his wife, should die before him, the said G. G., that then the said G. G. should pay to her executors the sum of dollars to- ward her funeral charges, and that the said G. G. would hereby ratify and confirm the hereinbefore-received settle- ment in such manner as hereafter is mentioned : Now this indenture witnesseth, that the said G. G., in pursuance of his aforesaid proposal and agreement, Joth hereby for him- self, his executors, administrators, and for every of them,, covenant, promise and agree, to and with the said B. (the trustee), his executors, admihistrators and assigns, and doth also agree with the said A., his wife, in manner and form following, that is to say, that it shall and may be lawful to and for the said A., his wife, and that he, the said G. G., shall and will permit and suffer her, the said A., from time to time, and at all times from henceforth, during her natural life, to live separate and apart from him, and to reside and be in such place and places, and in such family and families, and Agreements. 231 with such relations, friends and other persons, and to follow and carry on such trade and business, as she, the said A., from time to time, at her will and pleasure (notwithstanding her present coverture, and as if she were a feme sole and un- married), shall think fit ; and that he, the said G. G., shall not, nor will at any time or times hereafter, sue her, the said A., in any court, for living separate and apart from him, or molest, disturb or trouble her for such living separate and apart from him, nor sue, molest or trouble any other person or persons whomsoever, for receiving, harboring or enter- taining her ; nor shall or will, without the consent of the said A., visit her, or knowingly come into any house or place where she shall or may dwell, reside or be ; or send, or cause to be sent, any letter or message to her; nor shall or will, at any time hereafter, claim or demand any of the money, rings, jewels, plate, clothes, linen, household goods or stock in trade, which she, the said A., has now in her custody, power or possession, or which she shall or may, at any time here- after, buy or purchase, or which shall be devised or given to her, or she shall otherwise acquire, and that she shall and may enjoy and absolutely dispose of the same, as if she were a feme sole and unmarried. And further, that he, the said G. G., his executors or administrators, or some or one of them, shall and will well and truly pay, or cause to be paid, unto the said A., his wife, or her assigns, during the term of her natural life, for and toward her better support and mainte- nance, one annuity or yearly sum of , of lawful money of the United States,, free and clear of all taxes, charges and deductions whatsoever ; the said annuity or yearly sum of to be paid and payable to her, the said A., and her as- signs, during her natural life, at or upon the first days of (naming the months), or within ten days next after each of the said days, by four equal parts ; the first quarterly pay- ment thereof to begin and be made on the first day of (naming month) next, or within days next following, which dollars per annum, so hereby made payable to her, the said A., in manner as aforesaid (and the provision so made for her by the said recited indenture of settlement in manner as aforesaid), she, the said A., doth hereby agree 232 Forms of to accept and take .n full satisfaction for her support and maintenance, and all alimony whatsoever during her cover- ture. Provided always, and it is hereby expressly agreed and declared, by and between all the parties hereunto, and the true intent and meaning of them and these presents is and are, that in case he, the said G. G., his executors or ad- ministrators, shall at any time hereafter be obliged to, and shall actually pay any debt or debts which she, the said A., his wife, shall at any time hereafter during her present cov- erture, contract with any person or persons whatsoever, that then and in such case, it shall and may be lawful to and for the said G. G.,his executors and administrators, to deduct, retain and reimburse to him and themselves out of the said annuity or yearly sum of dollars, so hereby made payable to her, the said A., as aforesaid, all and every such sum or sums of money as he or they shall be obliged to, and shall so actually pay for or on account of such debt or debts to be by her, the said A., at any time hereafter so contracted as aforesaid, to- gether with all costs, charges and damages which he or they shall or may pay or sustain on account thereof ; any thing herein contained to the contrary thereof, notwithstanding. And the said B. (the trustee), in consideration of the sum of one dollar, to him duly paid, doth covenant and agree to and with the said G. G. that he will, provided the said G. G. per- forms all the agreements herein entered into by him, in- demnify and save him harmless of and from all debts of said A., his said wife, contracted, or that may hereafter be con- tracted by her, or on her account ; and if the said G. G. shall be compelled to pay any such debt or debts, the said B. hereby agrees to repay the same, on demand, to the said A. B., with all loss and damage that he may sustain thereby. (And lastly, the said G. G. (in pursuance and full perform- ance of his said recited agreement, and divers other good and valuable causes and considerations, him thereunto espe- cially moving), hath, and by these presents doth absolutely establish, ratify and confirm, as well the said hereinbefore recited indenture of assignment and settlement made of the said personal estate of the said A., his wife, and of the said and gold watch by the said G. G. and A., his wife. Agreements. 233 so thereby respectively assigned to them, the said G. G. and J. B. (the trustees) as aforesaid, and all and every the several trusts, uses, declarations, conditions and agreements in the same indenture mentioned, limited, expressed and declared ■of and concerAing the same respectively.) In witness whereof, etc. (as in form No. 181).^ G. G. A. G. B. B. Sealed and delivered in presence of E. F. (Acknowledgment or proof as in chap, ■etc.) I. As to the validity of an agree- ment for present separation between iusband and wife, or relating to one "that has already taken place, and for a separate maintenance to the wife, through the medium of a trustee, see Carson v. Murray (3 Paige, 483) ; Rogers v. Rogers (4 id. 516); Floren- tine V. Wilson (Hill & D. Supp. 303) ; Beach v. Beach (2 Hill, 260) ; Champlin v. Champlin (HofFm. 55) ; Mann y. Hulbert (38 Hun, 27) ; Cal- kins V. Long (22 Barb. 97, 106) ; Peo- ple V. Mercein (3 Hill, 399, 411) ; Wallace V. Bassett (41 Barb. ,92); Dupre V. Rein (.56 How. 228) ; Mor- gan V. Potter (17 Hun, 403) ; Magee V. Magee (67 Barb. 487) ; Allen v, AfHeck (14 N. Y. Week. Dig. 536) ; S. C. (64 How. 380 ; 4 Am. Law Rev., N. S. 78) ; Zimmer v. Settle, (19 id. 245); Stratton v. Stratton (Me., 1885, 20 Rep. 555) ; Clark v. Fos- dick (i N. Y. State Rep. 90) ; Car- penter V. Osborn (102 N. Y. 552) ; Pettit v. Pettit (107 id. 677) ; Tal- linger v. Mandeville (48 Hun, 152 ; aff'd, 113 N. Y. 427) ; Galusha v. Galusha (116 id. 235) ; Clark v. Fos- •dick (118 id. 7). An agreement for a separation can- not be supported, unless the separa- tion has already taken place, or is to 30 [L. S.] [L. S.] [L. S.] 3, forms Nos. 6, take place immediately upon the exe- cution of such agreement. (Carson V. Murray, supra.) Subsequent cohabitation operates as a revocation of articles of separa- tion, and avoids a security given for separate maintenance. (Shelthar v. Gregory, 2 Wend. 422 ; Carson v. Murray, 3 Paige, 483.) A stipulation in the articles of sepa- ration reserving to the parties the right of visiting each other, in case of sickness, by mutual consent, if not afterward carried into effect will not render the agreement void. (Car- son v. Murray, 3 Paige, 483.) See also Heyer v. Burger (HofFm. i) ; Duryea v. Bliven (14 N. Y. State Rep. 881). The obligation of a husband to pay a stipulated sum for the support of the wife under a separation agree- ment is not terminated by the wife's recovering a divorce in another State for a cause existing prior to the exe- cution of such agreement, where the agreement itself does not contain any provision to that effect. (Clark v. Fosdick [N. Y. Com. PI., 1886], N. Y. State Rep. 90; afFd, S. C, 118 N. Y. 7). See also Carpenter v. Os- born (102 N. Y. 552). 234 Forms of No. 192. Jointure in. lieu of dower right. It is hereby agreed as follows, between A. B., of , of the first part, C. D., of' , of the second part, and E. F., of , of the third part, as follows : 'First. The said A. B. doth hereby covenant and agree to and with the said C, his heirs and assigns, in consideration of a marriage about to be contracted between him and the said E., that he, the said A. B., his heirs and assigns, shall and will forever hereafter stand seized of and in that certain tract, piece or parcel of land, with the appurtenances, situate, etc. (describing premises), to the following uses, viz.: to the use of the said A., for and during his natural life, and after his marriage with the said C, and after his decease, to the use of the said C, during her natural life (or, so long as the said C. shall remain his widow), for her jointure, and in full satis- faction of her entire dower in his estate after his decease, and at the expiration of her estate, to the use of his heirs and as- signs forever. Second. The said E., in consideration of the premises and of one dollar to her in hand paid, hereby covenants and agrees with the said A. that the lands so assigned and set apart to her shall be in full satisfaction of her dower or claim of dower in his, the said A.'s estate, and shall bar her from making claim to any dower, if she shall survive him af- ter said marriage, and that she will not claim any share in his personal estate unless the said A. shall give her some part thereof by his will, or by some act done by him subse- quent to the execution of these presents. In witness whereof, the said parties have hereunto set their hands and seals, on this day of •, in the year I .» A. B. [L. s.] C. D. [L. s.] Sealed and delivered in presence of G. H. (Acknowledgment or proof as in chap. 3, forms Nos. 6, etc.) I. The New York Revised Stat- ure, that whenever an estate in lands utes provide, on the subject of joint- shall be conveyed to a person and his Agreements. 235 intended wife, or to such intended wife alone, or to any person in trust for such person and his intended wife, or in trust for such wife alone, for the purpose of creating a jointure for such intended wife, and with her assent, such jointure shall be a bar to any right or claim of dower of such wife in any lands of the husband (i N. Y. R. S. 741, § g; 7th ed., 2197). The assent of the wife to such joint- ure shall be evidenced, if she be of full age, by her becoming a party to the conveyance, by which it shall be settled; if she be an infant, by her joining with her father or guardian in such conveyance. (Id., § 10.) A jointure is defined to be a com- petent livelihood of freehold for the wife, of lands and tenements; to take effect in profit or possession, pres- ently after the death of the husband, for the life of the wife at least. (Bouv. L. Diet., title "Jointure;" Cruise's Dig., tit. 7; 2 Bl. Com. 137.) In its more enlarged sense, a jointure signifies a joint estate limited to both husband and wife. (Id.) Under the provisions of the statute of 27 Henry VIII, c. 10, commonly called the Statute of Uses, and the decisions made thereunder, by the rules contained in which jointures are still generally regulated, in order to make a good jointure it must take effect in possession or profit immedi- ately from the death of the husband; it must be for the wife's life, or for some greater estate; it must be lim- ited to the wife herself and not to any other person in trust for her ; it must be made in satisfaction of the wife's whole dower, and not of part of it only; the estate limited to the wife must be expressed or averred to be in satisfaction of her whole dower; and it must be made before marriage. (Id.) It will be observed that in addition to the other modifications made by the New York statute above recited, the provisions in regard to the joint- ures not being made in trust for the wife, are abrogated by those statutes. This rule of law was deduced from the said statute of Henry VIII. A conveyance to trustees for the use of the wife after her husband's death is, in point of lav,r, no jointure ; but such a settlement, if in other respects good, will be enforced in chancery as an equitable bar of dower; and courts of equity have greatly relieved the parties from the strict legal construc- tion given to the English statute. See 4 Kent's Com. 55. An agreement made during cover- ture between a husband, his wife, and a trustee of the latter, that in consideration of her enjoying sepa- rately and absolutely controlling her separate property, she would relin- quish her dower in his lands, is in- valid, and cannot be enforced against her in an action for her dower. (Townsend v. Townsend, 2 Sandf. 711.) See, also, the further provisions of the New York Revised Statutes on this subject, contained in sections 12, 13, 14, 15 and 16, pages 741 and 742; (7th ed., 2198). 236 Forms of No. 193. Agreement between an executor and a creditor to refer a dis- puted claim. (N. Y. R. S., part 2, chap. 6, title 3, art. 2, § 36, as amended by chap. 261 of Laws of N. Y., of 1859.) Whereas, A. B., of the town of , in the county of , and State of , has this day presented a claim against the estate of C. D., late of the town of , in the county of , and State of , a copy of which claim, as presented by the said A. B., is hereunto annexed. And whereas, E. F., executor (or, administrator) of the said C. D., having de- clined to allow or pay the same, a controversy has thereupon arisen, between the said A. B. of the one part, and the said E. F., executor (or, administrator) of the said C. D., of the other part, whether or not such claim, or any part thereof, is just and valid against the estate of the said deceased ; and whether or not the same or any, and if any, what part thereof should be allowed or paid by the said E. F., as such executor (or, administrator) of the said C. D., deceased ; and both the said claimant and the said executor (or, adminis- trator) being desirous of doing what is just and reasonable in the premises, and to avoid all unnecessary costs and trouble in relation thereto, have agreed, and do hereby agree, to refer the matter in controversy to E. F. (G. H. and I. J.), in case the surrogate of the county of shall approve thereof, to hear and determine upon the same with all con- venient speed.' Dated , i . A. B., C. D., Executor. (or. Administrator.) The undersigned, surrogate of the county of , hereby, pursuant to statute, approves of the person (or, persons) named as referee (or, as referees) in the foregoing agreement. Dated , i . X. H., Surrogate. I. The statute of New York pro- trator doubts the justice of any claim vides that if the executor or adminis- so presented, he may enter into an Agreements. 237 agreement, in writing, with the claim- tion or term, referring the matter in ant, to refer the matter in controversy controversy to the person or persons to three disinterested persons, or to so selected. (N. Y. R. S., part 2, a disinterested person, to be ap- chap. 6, tit. 3, art. 2, § 36, as amended proved by the surrogate, and upon by chap. 261, p. 569 of Laws of 1859.) filing such agreement and approval For further proceedings under the of the surrogate in the office of the above section and subsequent sec- clerk of the Supreme Court in the tions, see Lansing's Forms of Civil county in which the parties, or either Procedure, vol. 3, pp. 651-661, and of them, reside, a rule shall be en- notes thereto> tered by such clerk, either in vaca- No. 194. Agreement giving priority to a mortgage about to be exe- cuted over one previously executed. Know all men by these presents, that whereas A. G. of, etc., and E. G., his wife, did, on the day of , i , execute and deliver to (The N. C. B. of A.) a mortgage upon a certain farm of land, of which D. G. died seized and possessed, situate partly in the town of and partly in the town of — — , in the county of and State of New York, conditioned for and to secure the payment of the sum of — — dollars, which said mortgage was recorded in the county clerk's office of county on the day of , I , in Book of Mortgages No. , at page ; and whereas, the said A. G. and his wife, for the purpose, among other things, of paying or securing certain debts owed by D. G. at the time of his death, have agreed to execute and deliver a mortgage upon said premises to F. V. of, etc., con- ditioned for the payment of the sum of dollars, to be a first mortgage upon said premises : Now, therefore, the said N. C. B. of A. of, etc., in con- sideration of the premises and of the sum of one dollar to it in hand paid by said A. G., the receipt whereof is hereby acknowledged, and of other good and valuable and sufficient considerations and causes moving thereto, hath bargained, consented, promised and agreed, and doth hereby bargain, consent, promise and agree to and with the said A. G., his heirs and assigns, that the mortgage upon said premises thus to be executed by said A. G. and wife to the said F. V. for 238 Forms of the amount and interest above mentioned shall at all times be a prior mortgage and a prior lien upon said premises to the said mortgage of the N. C. B. of A., first above mentioned. And the said The N. C. B. of A. in consideration as afore- said and for the purposes aforesaid, hath granted, released, quitclaimed and set over, and by these presents doth grant, release, quitclaim and set over to the said A. G., and to his heirs and assigns all and every part of the premises described in said mortgage, with the hereditaments and appurtenances thereunto belonging, and all the right, title and interest of the said The N. C. B. of A., in or to the same, to the intent that all of the said land and premises may be discharged from its said mortgage, solely and only so far as may be necessary to secure to said mortgage so to be executed and delivered as aforesaid, priority thereto, as above mentioned, holding and reserving its said mortgage unsatisfied and in full force and effect as a second and subsequent mortgage and lien on said premises after the mortgage to be executed thereon, as herein above mentioned, in all respects the same as if these presents had not been executed. In witness whereof, the said N. C. B. of A. hath hereunto caused its corporate seal to be affixed, and these presents to be subscribed by its president, this day of — — , in the year i . [SEAL.] The N. C. B. of A. by R. S., its President. (Acknowledgment or proof by president, as in forms Nos. 89, 94, etc.) No. 195. Release of land ftom the lien of a judgment. SUPREME COURT, County. Recovery, $- Costs i- A. F. B. agst. C. R. F. Judgment-roll filed and judgment docketed in county clerk's office^ on the day of , i , at M. I, A. F. B., the judgment creditor in the above-mentioned judgment, do hereby, in consideration of the sum of Agreements. 239 dollars, to me in hand paid by C. D., of, etc., remise, release and discharge the land and pre'mises described as follows, to-wit : All, etc. (describing property), from all claim to or in- terest in the same, or any part thereof, which I may have by virtue of said judgment, and from all lien or incumbrance which has attached to the same, by reason of the said judg- ment. In witness whereof, etc., as in form No. 30. A. F. B. [L. S.] (Certificate of acknowledgment or proof by A. F. B., as in chap. 3, forms Nos. 6, etc.) No. 196. Release of dower. To all to whom these presents may come : I, A. B., relict, (or, widow) of B. B., late of , send greeting : Know ye, that I, the said A. B., for and in consideration of the sum of dollars, to me in hand paid, at or before the ensealing and delivery of these presents, by my son, C. B., of, etc., and for the love and affection which I have for my said son, have granted, remised, released and forever quitclaimed, and by these presents do grant, remise, release and forever quit- claim unto the said C. B., his heirs and assigns forever, all the dower and thirds, right and title of dower and thirds, and all other right, title, interest, property, claim and demand whatsoever, in law or equity, of me, the said A. B., of, in and to a certain pared of land, situated, etc. (describe property), (or, if the release is intended to be a general one, say, of, in and to all and every the messuages, lands, tenements and. real estate whereof the said B. B. died seized or possessed, or whereof he was seized or possessed at the time of his inter- marriage with me, the said A. B., or at any time since, where- soever the same may be, and be situate), so that I, the said A. B., my heirs, executors, administrators or assigns, nor any other person or persons, for her, them, or any of them, shall have, claim, challenge, or demand, any dower or thirds, or any other right, title, claim or demand, of, in o*- to the same, 240 Forms of or any part or parcel thereof, in whosesoever hands, seizin or possession, the same may or can be, but thereof and there- from shall be utterly debarred and excluded forever, by these presents.' In witness whereof, etc. (as in form No. 30). A. B. [L. s.] Sealed and delivered in presence of E. F. (Certificate of acknowledgment or proof as in forms Nos.. 6, etc.) I. To the consummation of the title to dower, three things are re- quisite, viz. : Marriage, seizin of the husband, and his death. (4 Kent's Com. 36; Co. Litt. 31a.) Under such circumstances the widow is entitled at common law to be endowed, for her natural life, of the third part of all the lands whereof her husband was seized, either in deed or in law, at any time during the coverture, and of which any issue that she might have had, might by possibility have been heir. This con- dition in respect to the wife's issue is, however, not contained in the statutes of some of the United States, c. g.. New York, New Jersey, Vir- ginia, Arkansas or Missouri. (Id. 35, and note l>.) The inchoate right attaches upon the land as soon as there is a concur- rence of marriage and seizin, and under the New York Revised Stat- utes, the husband alone cannot de- feat it by any act in the nature of alienation or charge, without the as- sent of the wife given and proved ac- cording; to law. (i N. Y. Rev. Stat. 742, § 16; 7th ed., 2198.) No sepa- rate acknowledgment of the release of her dower need now be made by the wife. (Laws of N. Y., 1879, chap. 249, as amended by Laws of 1S80, chap. 300; R. S., 7th ed., 2233.) By that act her acknowledgment is to be in all cases the same as if she were sole. Under the statutes of that State, in case of divorce, dissolving the mar- riage contract, for the misconduct of the wife, she shall not be endowed. (I N. Y. R. S. 741, § 8; 7th ed., 2197.) A wife cannot relinquish her dower in the real estate of her husband by executing a release thereof to him, or in any other way than by joining with him in a conveyance to n third person. (Carson v. Murray, 3 Paige, . 483, 503; Marvin v. Smith, 46 N. Y. 571, 575.) The law regards the act of the wife, in joining in the deed, not as the alienation of an estate, but as a renunciation of her inchoate right of dower in favor of the grantee of her husband, so far as respects the title or interest created by his conveyance. (HinchclifFe v. Shea, 103 N. Y. 153, 155.) See, also, Jones V. Fleming (104 N. Y. 418, rev'g S. C, 37 Hun, 227); Witthaus V. Schack (105 N. Y. 332, and the cases there cited). The right to dower before assign- ment resting in action only, was for- merly held to be inalienable so as to enable the grantee to bring an action for it in his own name. (Jackson v. Vanderheyden, 17 Johns. 167; S. C, 8 Am. Dec. 378.) The widow, it was Agreements. 241 held, might release it, but could not dower arises. (Green v. Putnam, i convey or assign it. But see Mutual Barb. 500; Scott v. Howard, 3 id. Life Ins. Co. v. Shipman (119 N. Y. 319.) But she has nevertheless an in- 332); Payne v. Becker (87 id. 153); teresl therein which may be pledged. Pope V. Mead (99 id. 201), and Howell transferred or conveyed by any ap- V. Newman (59 Hun, 538, 539), that propriate instrument evidencing an this rule no longer exists. Until the intent to so transfer it. (Mutual Life assignment of her dower she has no Ins. Co. v. Shipman, supra, 332.) estate in the land out of which such No. 197. A release of dower, in consideration of an annuity given by a wiU. Whereas, my late husband, M. N., in and by his last will and testament, duly signed, sealed and published, bearing date , I , did settle and secure unto and upon me, R. N., an annuity of — — dollars, to be paid to me half yearly, by equal payments, in lieu and full satisfaction of the dower or thirds at common law or by statute, which I might otherwise have, claim, or be entitled to, out of all and every the lands, tenements and hereditaments whatsoever, of my said husband, deceased, or of, in, and to or out of the rever- sion, or remainder, rents, issues and profits thereof: Now, therefore, I, the said R. N., for and in consideration of the said annuity so secured to me as aforesaid, and in pursuance and part performance of the said last will and testament of my said late hu.sband, do hereby declare myself fully satisfied and contented therewith, and do hereby re- mise, release and forever quitclaim unto T. H. of, etc., and F. C, of, etc., trustees appointed by said last will and testa- ment of my said late husband (in their actual possession and seizin now being), their executors, etc., all and all manner of dower, etc. (as in form No. 196). In witness, etc, (as in form No. 30).^ R. N. [L. S.] Sealed and delivered in presence of G. H. Certificate of acknowledgment or proof, as in chap. 3, forms Nos. 6, etc.) I. See note i to form ^fo. 151, and Lee v. Tower (124 N. Y. 370; S. C, note I to form No. 196. See, also, 36 N. Y. State Rep. 344). 31 242 Forms of No. 198. A mutual general release. This indenture made this day of , between M. B. of, etc., of the one part, and G. H. of, etc., of the other part, witnesseth : That said M. B. and G. H. have this day in consideration of the sum of dollars by each to the other in hand paid, canceled and delivered up to the other certain cove- nants, bonds, notes of hand and written contracts, upon which each of the parties claimed and pretended to have claims and demands upon the other; the said claims and contracts so canceled and delivered up being supposed and intended to be all the claims and evidence of claim by each of the parties hereto upon the other, and in consideration thereof, each of them, the said M. B. and G. H., does hereby, for himself and his legal representatives, release and abso- lutely and forever discharge the other of and from all claims and demands, actions, causes of action of every name and nature, so that neither of them shall have any claim on the other, directly or indirectly, on any contract or supposed lia- bility or thing undertaken, done or omitted to be done, from the beginning of the world to this day. In testimony whereof, etc. (as in form No. 163).^ M. B. [L. S.j In presence of G. H. [L. S.] CD. I. See note to form No. 151. No. 199. A release of a proviso or condition. Know all men by these presents, that I, M. B. of , for divers gbod and valuable considerations, me hereunto moving, have remised, released and quitclaimed, and by these presents, for me, my executors, administrators and as- signs, as well do remise, etc., unto L. M. of , his heirs, executors, administrators and assigns as well one proviso or Agreements. 243 condition, and all and every the sura and sums of money specified in the same proviso or condition contained or com- prised in one pair of indentures of, etc., bearing date , I , made between me, the said M. B., of the one part, and the said L. M. of the other part, and also all and all manner of actions and suits, cause and causes of actions and suits, for or concerning the said proviso or condition. In witness, etc. (as in form No. 30).' M. B. [L. S.] Sealed and delivered in presence of J.F. (Certificate of acknowledgment, etc., as in chap. 3, forms Nos. 6, etc.) I. See note i to form No. 151 No. 200. An agreement between mortgagee and mortgagor for mort- gagor to grant building and other leases. Agreement, etc., between A. B. of the one part and C. D. of the other part. Whereas, by indenture of mortgage bear- ing date the day of, etc.,, and made or expressed to be made between the said C. D. of the one part and the said A. B. of the other part, all and singular his the said C. D.'s messuages, etc., situate, etc., were granted, bargained, sold, released and assured unto and to the use of the said A. B., his heirs and assigns, by way of mortgage for securing the payment of the sum of dollars advanced and lent by the said A. B. to the said C. D. with interest for the same as in the said indenture of mortgage is mentioned. And whereas, several parts of -the said premises are capable of great improvement by being let on building or repairing leases, and it may be expedient to let other parts thereof : Now these presents witness, and the said A. B., for himself, his heirs, executors and administrators, doth hereby cove- nant, declare and agree to and with the said C. D., his heirs and assigns, that if at any time whilst the principal sum of dollars, or any part thereof, shall remain due and owing upon the said recited securities before the said A. B., his 244 Forms of executors, administrators or assigns shall have filed a bill to foreclose the equity of redemption of the said mortgage and premises, the said C. D. shall be desirous of granting any such leases, then it shall and may be lawful to and for him, the said C. D., by indenture or indentures under his hand and seal, to demise, lease, and grant all or any part or parts of the said hereditaments and premises, comprised in the said hereinbefore in part recited indenture of mortgage unto any person or persons who shall be willing to build upon or to improve the same on repairing leases for any term or number of years not exceeding ninety-nine years ; and also to demise, lease and grant all or any part of the said lands, heredita- ments and premises as have usually been letten at rent or rents unto any person or persons who shall be willing to take the same for any term or number of years not exceeding (twenty-one) years, so as the respective lease or leases be made to take effect in possession and not in reversion, or by way of future interest, and so as such respective grants or leases for (ninety-nine) years be made in order for the premi- ses to be built uppn or improved. And also, that in all and every the said leases there be reserved and made payable,, half-yearly or oftener during the continuance of the said term thereby to be granted, the best and most approved yearly rent and rents that can be had or reasonably gotten for the same without taking any sum or sums of money or other things by way of fine, income or foregift, and so as the sev- eral lessees in the said several building or repairing leases do enter into proper and usual covenants to build and keep in repair the messuages, erections and buildings agreed to be erected and built upon the ground thereby to be leased re- spectively, with covenants in all the leases that the tenants and lessees do leave and surrender the premises at the end of the term or terms in such leases respectively to be granted, and so as in every of the said leases there be contained con- ditions of re-entry, etc., and that he, the said A. B., his heirs, executors, administrators and assigns, shall and will, from time to time, upon the reasonable request, and at the costs and charges of the said C. D., his heirs and assigns, allow, ratify and confirm all and every the lease and leases to be Agreements. ■ 245 granted in conformity to the restrictions hereinafter men- tioned. Provided, such confirmation does not prejudice his right to enter into and recover and hold the possession of the said mortgaged premises by virtue of the said recited mort- gage deeds, subject only to such leases as have been granted by the said C. D., agreeable to the true intent and meaning ^of these presents. In witness, etc. (as in form No. 163).* A. B. [L. s.] C. D. [L. s.] (Certificate of acknowledgment or proof as in chap. 3, forms Nos. 6, etc.) I. See note i to form No, 151. No. 201. Agreement giving right to manufacture and sell a patented article within certain territory. In consideration of the sum of dollars, to him in hand paid by C. D., of, etc., and of other considerations, covenants and agreements hereinafter mentioned, the undersigned A. B., of, etc., does hereby license and authorize the said C. D., his executors, administrators and assigns, to make and vend, at wholesale or retail, the patented articles mentioned in cer- tain letters-patent issued therefor to said A. B. by the United States of America, dated the day of , i , during the continuance of the said patent (or, of any renewal thereof or new patent therefor), within (stating territory), and to re- ceive all the profits and advantages of such manufacture and sales within the said territory, without any interference, suit, trouble or hindrance, of, from or by him, the said A. B., or any other person or persons claiming to hold and use said in- vention from, by, under or in trust for him or them, by vir- tue of said letters-patent or otherwise. And said A. B., for himself, his executors, etc., hereby covenants and agrees with the said C. D., his executors, etc., that he will not at any time during the residue of said term, or of any such future term, grant any license to any other person to make or vend the said articles within said limits, 246 Forms of without first obtaining the consent and license, in writing, of the said C. D., his executors, etc. And it is further agreed that in case of any infringement of said letters-patent within the said territory, the said C. D., his executors, etc., may, at his or their option, in the name of said A. B., his executors, etc., commence and prose- cute all such actions as may be deemed expedient, against any person or persons making such infringement ; and said A. B. hereby constitutes said C. D., his executors, etc., the lawful attorney and attorneys of said A. B., irrevocable, at the cost and expense and for the benefit of said C. D., his execu- tors, etc., to commence and prosecute, in the name of said A. B., all such suits and actions as aforesaid. In witness, etc. (as in form No. 181). A. B. CD. (Certificate of acknowledgment, etc., as in chap. 3, forms Nos. 6, etc.) Apprenticeship. 247 CHAPTER VI. Forms of Apprenticeship. No. 202. Indenture of apprenticeship by a minor, with consent of his pa- rents, or parent or guardian. 203. Indenture of apprenticeship by a minor, with consent of an over seer or county superintendent of the poor, or his guardian. 204. Certificates to be indorsed upon indenture. 205. Indenture of clerkship. 206. Indenture of a female servant, who binds herself with the consent of her parents, or parent or guardian. 207. Agreement of a father or guardian to be annexed to the indenture of apprenticeship to be bound in damages for the default of the apprentice. 208. Contract to bind to service until twenty-one, or for a shorter pe- riod, a minor coming from a foreign country beyond sea. 209. Contract of service for one year to pay an emigrant's passage. 210. Assignment of an emigrant's contract of service indorsed thereon. 211. Assignment of an indenture of apprenticeship. 212. Certificate of employer at the expiration of apprenticeship . 213. Assignment of indenture or contract of service on death of master. 214. Consent of apprentice, etc., to assignment of indenture. 215. Affidavit upon application for order of Court of Sessions direct- ing assignment of indentures of apprenticeship. 216. Notice of application for order of Court of Sessions directing as- signment of indentures, etc., to be made. 217. Order of Court of Sessions directing such assignment to be made. 218. Complaint in action against employer for neglect to teach, etc., apprentice. 219. Complaint against the master for cruelty, misusage or violation of duty, where money has been paid or agreed to be paid at the time of binding. 220. Undertakingof master where complaint is not compromised. 221. Order of Court of Sessions on hearing of complaint, form No. 219. 222. Same complaint, when no money has been paid or agreed to be paid for his instruction. 223. Summons issued upon complaint, form No. 222. 224. Dismissal of complaint or discharge of apprentice. 225. Complaint against apprentice or servant for absenting himself or refusing to serve, or for a misdemeanor or ill-behavior, where money has been paid or agreed to be paid by or to the master. 226. Warrant upon filing of complaint, form No. 225. 248 Forms of No. 227. Undertaking to be given by clerk or apprentice for his appear- ance at Court of Sessions, where money has been paid or agreed for on binding him out. 228. Order of court on hearing of complaint, form No. 225. 229. Same complaint against apprentice, where no money has been paid or agreed to be paid for his instruction. 230. Warrant when complaint is made in the absence of the defendant. 231. Commitment or discharge of defendant by magistrate. 232. A release of an apprentice from his indenture. No. 202. Indenture of apprenticeship by a minor, with consent of his parents, or parent or guardian. This indenture, made the day of , in the year I , between A. B., of the age of years, on the day of last,^ the son of J. B. (and M. B.), of the (town) of , in the county of , and State of (New York), and said J. B. and M. B. (or, E. F., the guardian of said A. B.), of the one part, and C. D. of the same place of the other part, witnesseth •? (f )That the said A. B., by and with the consent of the said J. B., his (father) (and of his mother, the said M.B.)^ (or, of E. F., his said guardian), [signified in writing at the end of (or, indorsed upon) this indenture],* and by the free will and consent of the said A. B., hath placed and bound himself apprentice to C. D., of the (town) of , (black- smith,) which (trade) the said C. D. now follows ; and with the said C. D. to dwell, continue and serve, from the day of the date hereof, until the said A. B. shall have attained the age of twenty-one years, which will be on the day of , in the year i (or, if drawn under the laws of New York, and more than five or less than three years will elapse before the minor will arrive at age, say as follows ■ For the term of three (or, five) years from the date hereof), during all which time the said apprentice shall well and faithfully serve his said master, keep his secrets, and obey his lawful commands. (*) He shall do no hurt to his master, nor suffer it to be done by others, but shall to his utmost power prevent the same, or forthwith give notice thereof to his master ; he shall not embezzle or waste the goods of his said master, nor lend them without his master's consent ; he Apprenticeship. 249 shall not play at cards or dice, or any other unlawful game ; he shall not frequent taverns, ale houses or tippling houses; he shall not commit fornication, nor contract matrimony (he shall not leave his said employer duriug the said term for which he is hereby indentured),* and shall not depart or ab- sent himself from the service of his said master, without his said master's leave or consent, but in all things he shall de- mean and behave himself toward his said master during the said term as a good and faithful apprentice (and if he shall leave the said C. D., his employer, except by his consent or for sufficient cause and shall refuse to return, the said C. D. may compel his return under the penalties of an act of the legislature of the State of New York, entitled " An act in ref- erence to apprentices and employers," passed May 27, 1871J [And the said C. 'D. acknowledges that he has received with the said A. B., from the said J. B., his (father), the sum of dollars as a compensation for his instruction as here- inafter mentioned (or, state any agreement as to payment of wages or salary to apprentice.)]' And the said C. D. covenants and agrees to and with the said A. B., that he will teach and instruct the said A. B., or cause him, to be carefully and skillfully taught and in- structed, after the best way and manner he can, in every branch of said (trade) of a (blacksmith) to which said A. B. is hereby indentured,' with all things belonging thereto, and that he shall and will find (and provide at all times during'" the continuance of said apprenticeship) and al- low to the said apprentice suitable and proper board, lodg- ing and medical attendance," [meat, drink, washing, lodg- ing, suitable apparel for working and holydays and all other things necessary, fit and convenient for said apprentice], dur- ing the term aforesaid, (and that at the end of said term he will give to said A. B. a certificate in writing, stating that the said A. B. has served a full term of apprenticeship of three, (or four, or five) years at said (trade)],^ and that he will cause the said apprentice within such term to be instructed to read and write, and in the common and general rules of arithmetic (as far as the rule of three direct, inclusive,) and at the end of said term will give to the said apprentice a new 32 2SO Forms of Bible.^^ (And for the true performance of all and singular the covenants and agreements aforesaid, the said parties bind themselves each to the other firmly by these presents.) In witness whereof, the said parties have hereunto re- spectively set their hands and seals, the day and year first above written." A. B. [L. s.] C. D. [L. s.] (Acknowledgment or proof as in forms Nos. 6, etc.) 1. See note 2 to this form, as to Third. By the guardian of such in- this statement of age being required fant duly appointed. If such infant by statute in New York and as to have no parent living, or none in a construction of statute. legal capacity to give consent, and 2. The provisions of the New York there be no guardian, then Revised Statutes on the subject of Fourth. By the overseers of the apprenticeship are in part as follows : Every male infant, and every un- poor, or any two justices of the peace of the town, or any judge of the married female under the age of county courts of the county, where eighteen years, with the consent of the persons or oflScers hereinafter mentioned, may of his or her own free will, bind himself or herself, in writing, to serve as clerk, apprentice or servant in any profession, trade or emploj'ment ; if a male, until the age of twenty-one years, and if a female, until the age of eighteen years, or for any shorter time; and such binding shall be as valid and effectual, as if such infant was of full age, at the time of making such en- gagement. (2 N. Y. Rev. Slat. 154, §1; 7th ed. 2348.) Such consent shall be given : First. By the father of the infant. If he be dead, or be not in a legal capacity to give his consent, or if he shall have abandoned and neglected to provide for his family, and such such infant shall reside. (Id., § 2.) Such consent shall be signified in writing, by the person entitled to give the same, by a certiiicate at the end of, or indorsed upon, the indentures, and not otherwise. (Id., § 3.) The above provisidns have been held to be not merely directory, but peremptory and absolute, and that they must be substantially complied with, otherwise the indenture will notbebindingupon the infant. (Peo- ple, exrel. Barbour, v. Gates, 57 Barb. 291, 2gg,reversed on other points by the Court of Appeals, 43 N. Y. 40.) See, also, § 26, page 158, N. Y. R. S. ; 7th ed. 2352. By chapter 934 of the Laws of New York of 1871, p. 2147, the following provisions were made: Section i. On and after the pas- fact be certified by a justice of the sage of this act, it shall not be lawful peace of the town, and indorsed on for any person or persons in this State the indenture, then Second. By the mother. If the mother be dead, or be not in a legal capacity to give such consent, or re- fuse, then to employ or take as an apprentice any minor person to learn the art or mystery of any trade or craft without first having obtained the consent of such person's legal guardian or guar- Apprenticeship. 251 dians; nor shall any minor person be taken as an apprentice aforesaid un- less an agreement or indenture be drawn up in writing, in accordance with the provisions of this act, and duly executed under seal by the per- son or persons employing said ap- prentice, and also by the parents or parent, if any be living, or by the guardian or guardians of said appren- tice, and likewise by said minor per- son so becoming an apprentice. § 2. Said agreement or indenture, in order to make the law valid, shall contain the following covenants and provisions: t. That said minor per- son shall be bound to serve his em- ployer or employers for a term of not less than three or more than five years. 2. That said minor person so indentured shall not leave his said employer or employers during the term for which he shall be indentured, and if any said apprentice so inden- tured as aforesaid shall leave his said employer or employers, except as hereinafter provided, the said em- ployer or employers may compel the return of the said apprentice under the penalties of this act. 3. That said employer or employers shall covenant and agree in said indenture to provide at all times during the continuance of the same, suitable and proper board, lodging and medical attendance for said apprentice, and said employer or employers shall also further cove- nant and agree to teach or cause to be carefully and skillfully taught to his or their said apprentice every branch of his or their business to which said apprentice may be indentured, and said employer or employers shall be further bound, at the expiration "of said apprenticeship, to give to said ap- prentice a certificate in writing, stat- ing that said apprentice has served a full term of apprenticeship of not less than three or more than five years, at such trade or craft as may be speci- fied in said indenture. j5 3. (As amended by chap. 437 of Laws of 1888, p. 713.) Any person or persons taking an apprentice with- out complying with the provisions of this act shall be deemed guilty of a misdemeanor, and on conviction thereof before any magistrate or court having jurisdiction, held in the county in which the business of said employer or employers may be con- ducted, shall be subject to a fine of not less than five hundred dollars, the fine to be paid to the treasurer of the said county for the use and bene- fit of said county. It shall be the duty of the factory inspector and the deputy factory inspectors to see to it that the duties and obligations of em- ployers to their apprentices are ob- served and enforced, to enforce this act, and to prosecute such employers for a failure to perform such duties and obligations, or any violation of this act. § 6. Any indentures made and exe- cuted, wherein parts conflict with or are not in accordance with the pro- visions of this act, shall be invalid and without any binding effect. § 7. All acts or parts of acts incon- sistent herewith are hereby repealed. For further provisions of the act of 1871, above mentioned, see notes i to forms Nos. 203, 204. The mode provided b}' the Revised Statutes for the apprenticeship of minors (2 N. Y. R. S. 154, above cited) being inconsistent with the provisions contained in chapter 934 of 1871 above referred to, the validity of articles of apprenticeship must now be determined by the latter act. (Barton v. Ford, 35 Hun, 32.) Articles of apprenticeship which do not contain the provision and 252 Forms of covenant, specified In the second subdivision of section 2 of chapter 934 of 1871, to the effect that the appren- tice shall not leave during the terra, and may be compelled to return if he does, are, because of such omis- sion, rendered invalid and of no effect by the express provision of section 6 of the said act. (Id.) 3. The words in parenthesis are inserted under the provisions of sec- tion I of chapter 934 of 1871, cited in note to this form, which require that both parents if living, or the guardian or guardians of the minor, shall execute the indenture. (Section 3, N. Y. R. S., cited in note 2 to this form.) 4. The words in brackets seem necessary to be inserted in New York, as it does not clearly appear that this consent is not still to be given in the manner required by the Revised Statutes of that State. 5. See provisions of subdivision I of section 2, chapter 934 of Laws of 1871, cited in note 2 to this form. 6. See provisions of subdivision 2 of section 2 of chapter 934 of Laws of 1871, cited in note 2 to this form. 7. See provisions of subdivision 2 of section 2 of chapter 934 of Laws of 1871, cited in note 2 to this form. 8. The New York Revised Statutes require that every sum of money paid or agreed for, with, or in rela- tion to, the binding out of any clerk or apprentice, shall be inserted in the indentures. (2 N. Y, Rev. Stats., 155. § 9; 7th ed. 2340.) 9. See the provisions of subdi vision 3 of section 2 of chapter 934 of Laws of 1871, cited in note 2 to this form. 10. See provisions of subdivision 3 of section 2 of chapter 934 of Laws of 1871, cited in note 2 to this form. ir. See provisions of subdivision 3 of section 2 of chapter 934 of Laws of 1871, cited in note 2 to this form. 12. See the provisions of subdi- vision 3 of section 2 of chapter 934 of the Laws of 1871, referred to in note 2 to this form. 13. The New York Revised Stat- utes require that whenever any child shall be bound out by the county superintendents of the poor of any county, or by the overseers of the poor of any city or town, the inden- tures shall contain an agreement on the part of the person to whom such child shall be bound, that he will cause such child to be instructed to read and write, and if a male, will cause him to be instructed in the general rules of arithmetic: and that every such indenture shall also con- tain an agreement, that the master will give to such apprentice, at the expiration of his or her service, a new Bible. (2 N. Y. R. S. 155, § 10; 7th ed. 2349.) 14. Indentures are not void be- cause they do not specify the trade in which the apprentice is to be in- structed. The statute does not re- quire it to be specified. (Fowler v. Hallenbeck, 9 Barb. 309.) Therefore an indenture providing that the master should teach the ap. prentice such manual occupation, or branch of business, as should be found best adapted to his capacity, was held valid. (Id.) The age of every infant apprentice is required by the provisions of the New York Revised Statutes to be in- serted in the indentures, and that the same shall be taken to be the true age, without further proof. Public officers ate required, whenever they are au- thorized to execute any indentures, to inform themselves fully as to in- fant's age. (2 N. Y. R. S. 155, § 8; 7th ed. 2349.) Apprenticeship. 253 The statute makes the evidence of age by the statement in the inden- ture prima facie only. It may always be contradicted by the infant and it may be shown in defense by a person sued by the master for employing the apprentice, that the apprentice's minority has" expired. (Drew v. Peck- well, I E. D. Smith, 408 ; Banks v. Metcalfe, i Wheel. Cr. Cas. 381; Matter of Brennan, i Sandf. 711.) Females, as well as males, are in- tended by the provisions of the N. Y. Rev. Stat., relative to masters and apprentices. (2 N. Y. R. S. 161, § 43 ; 7th ed. 2353.) As to assignability of indentures see Nickerson v. Howard (ig Johns. 113); Guilderland v. Knox (5 Cow. 363); Williams v. Finch (2 Barb. 208); N. Y. Code Crim. Proc, §§ 939, 940; 2 N. Y. R. S. 156, § 14, cited in note I to form No. 210. Counterparts of the indentures executed by poor officers are re- quired to be filed in the clerk's offices of their county, city or town. (2 N. Y. R. S. 155, § 11; 7th ed. 2349.) Other provisions are contained in the New York Revised Statutes on the subject, all of the provisions of which statutes are to be construed with reference to section 6 of the act of 1871, cited in note 2 to this form. (See 2 R. S. 154-161; 7th ed. 2348- 2354.) See also chap. 438, p. 511, of Laws of New York of 1884; People, ex rel. Wehle, V. Weissenbach (60 N. Y. 385); People, ex rel. Heilbronner, v. Hoster (14 Abb. N. S. 414); Matter of Barre (id. 426); Johnson v. Dodd (56 N. Y. 76); Matter of Forsyth (66 How. Pr. 180); Potter v. Greene (39 Hun, 72); Patterson v. Kelly (37 N. Y. State Rep. 468); S. C. (14 N. Y. Supp. 118); further as to indentures, of apprentices, etc. No. 203. Indenture of apprenticeship by a minor with, consent of an overseer or county superintendent of the poor, as his. guardian. (2N.Y. R. S. iS4,§§S,6.) day of -, in the year years, on the day This indenture made the — - I , between A. B. of age of of last, and E. D. (and G. J.,) the overseer (or, over- seers) of the poor of the city (or town) of , in the county of , (or, superintendents of the poor of the county of ), in the State of New York, of the one part, and C. D. of the same place of the other part, witnesseth : That whereas, the said A. B. has been sent to the county poor-house of the county of (or, to the poor-house of the town or city of in said county), (or, whereas, the said A. B., or the parents of the said A. B.) has (or, have) become chargeable to the said county of (or, to the said town or city of ): 2S4 Forms of Now, therefore, the said A. B., by and with his own free will and consent, and with the consent of his said legal guar- dians, the said E. D., as overseer of the poor, etc., as afore- said, signified in writing at the end of (or, indorsed upon) this indenture hath placed, etc. (continuing as in form No, 202),* omitting, however, covenant to perform on the part of the overseer, etc. E. D. G. J. A. B. C. D. Sealed and delivered in presence of G. H. (Acknowledgment or proof as in forms Nos. 89, etc.) overseers, etc. [L. S.] [L. S.J [L. S.] I. See notes to last form, No. 202, as to statutes of New York regulat- ing generally the apprenticing of minors. The New York Revised Statutes provide as follows, in regard to ap- prenticing of minors by officers of the poor, viz.: The county superin- tendents of the poor in the several counties, may bind out any child, un- der the ages above specified, who shall be sent to any county poor- house, or who is or shall become chargeable, or whose parent or parents shall become chargeable, to such county, to be clerks, appren- tices or servants, until such child, if a male, shall be twenty-one years old, or if a feniale, shall be eighteen years old; which binding shall be as effectual as if such child had bound himself with the consent of his father. (2 N. Y. R. S. 154, § 5; 7th ed. 2349.) The overseers of the poor of any town or city, may, in like manner, bind out any such child, who, or whose parent or parents, shall be- come chargeable to such town or city, or who shall have been sent to any poor-house, other than a county poor-house, with the consent in writing, of any two justices of the peace of the town, or of the mayor, recorder and aldermen of any city, or of any two of them. (Id., § 6.) The county superintendents of the poor, and the overseers of the poor of the respective cities or towns shall be the guardians of every per- son bound or held in service, in their respective citifes or towns, to take care that the terms of the con- tract of service be fulfilled, and that such person be properly used ; and it is hereby made their especial duty to inquire into the treatment of eyery such person, and redress any griev- ance in the manner prescribed by law. (Id. 158, § 27; 7th ed. 2352.) Under the provisions of section i of chapter 934 of the Laws of New York of i87t, cited in note 2 to form No. 202, every agreement or inden- tu*re of apprenticeship is required to be " duly executed under seal by the person or persons employing said apprentice, and also by the parents or parent, if any be living, or by the guardian or guardians of said appren- tice, and likewise by said minor per- son so becoming an apprentice." Apprenticeship. 255 Under the provisions of section 27 above cited it is probably not neces- sary for the overseers of the poor to be appointed the guardians of the ap- prentices, but it will be necessary for the county superintendents of the poor to receive such appointment to render the indenture valid under the provisions of said section i of chap- ter 934 of the Laws of 1871. The term " sent to the county poor- house'' has reference to the object for which such poor-house was erected, and a person can only be said to have been sent there, within the meaning of the statute (g 5, above cited), when he is sent there accord- ing to law, and for the purposes contemplated by law. (People, ex rel. Bentley, v. Hanna, 3 How. Pr. 39-) Where a person is relieved, on his own application, by an overseer of the poor, without a previous order for that purpose, this is sufficient to authorize the overseers of the poor to bind out the children of such person as poor apprentices. (Schermerhorn V. Hull, 13 Johns. 270.) But see Peo- ple, ex rel. Heilbronner, v. Hosier (14 Abb. N. S. 414). The authority to bind minors as apprentices, given by section 5, above cited, to county superintend- ents of the poor may, under the pro- visions of I R. S. 617, § 15, be exe- cuted by a majority of the board, without a meeting of or notice to all. (Johnson v. Dodd, 56 N. Y. 78.) The board of commissioners of public charities and corrections of the city and county of New York, created by the act of i860 (chap. 510, Laws of i860), has power to bind out as an apprentice any minor child un- der its care, chargeable to the city. (People, ex rel. Wehle, v. Weissen- bach, 60 N. Y. 385.) See.also, Ham- ilton V. Eaton (6 Cow. 658). It is probably no longer necessary to annex the consent of the overseers of the poor to the indenture in addi- tion to their joining in the indenture, as required by the New York Re- vised Statutes (2 R. S. 154, § 2, subd. 4), but if considered necessary to be annexed, the form of such consent will be found in form No. 204. No. 204. • Certificates to be indorsed upon indenture. 2N.Y. R.S. i54,§§2, 3-) I. Of parents. I, J. B. (or, M. B., or we, J. B. and M. B.), of the town of -, in the county of , the father (and mother) [or, the mother] of A. B., named in the above (or, within) indenture, having consented that he should bind himself as therein stated, do hereby signify my (or, our) consent thereto, ac- cording to the statute in such case made and provided. Dated the day of in the year -i } J.B. M.B. 2s6 Forms of 2. Of justice of the peace. I, J. G., a justice of the peace of the town of , in the county of aforesaid, do certify that J. B., the father of the infant named in the within indenture, is dead (or, is not in legal capacity to give his consent thereto ; or, has aban- doned and neglected to provide for his family). Dated this day of , in the year i . J.G., Justice of the Peace. 3. Of guardian. I, P. W., the guardian duly appointed of A. B., in the within indenture named, do certify that the father and mother of the said A. B. are dead (or, that the father of said A. B. is dead, and that the mother of the said A. B. refuses, her consent to the said indenture of apprenticeship ; or, is not in a legal capacity to give her consent to the said inden- ture of apprenticeship), and that I have consented as his guardian, and hereby consent that he, the said A. B., should bind himself in and by the said indenture. Dated the day of , i . P. W. 4. Of overseers of the poor, etc. The undersigned, overseers of the poor of the town of (or, two justices of th^ peace of the town of ; or, judge of the County Court of the county of ), where the within named A. B. resides, do certify that the said A. B. has no pa- rent living ; (or, no parent in legal capacity to give consent to the within indenture ; or, no father living, and his mother is not in legal capacity to give consent to the within indenture), and that he hath no guardian, other than the undersigned, and that we, the said overseers (or, justices, or, judge,) do hereby signify our consent that the said A. B. should bind himself, as in and by this indenture he hath done. Dated the day of , i . G. H. J.K. I. This certificate of consent and utes (sections 2 and 3, cited in note the three following ones are prepared i to last form, No. 203). It maybe under the New York Revised Stat- considered doubtful whether any Apprenticeship. 257 certificates of consent are now re- as that act requires " the consent of quired in that State, where the parent the legal guardian or guardians " of or parents or the guardian or guar- the apprentice, and requires the in- dians join in the indenture, and their denture to be " duly executed under consent is therein stated, and the seal by the person or persons em- circumstances are recited under ploying said apprentice, and also by which the consent is given, so as to the parents or parent, if any be liv- show conformity with the, statute of ing, or by the guardian or guardians 1871, chap. 934, cited in note i to of said apprentice, and likewise by last form, No. 203, but these certifi- said minor person so becoming an cates are given here, as it may be apprentice." They will, however, thought to be more prudent to annex be of use in States whose statutes them to or indorse them upon the in- upon the subject are similar to the denture. See, also. People v. First New York Revised Statutes. Judge of Livingston (2 Hill, 596), See further as to effect of joining cited in note i to form No. 207. in the indenture as to consent, Scott Numbers 2 and 4 can hardly be v. Mills (40 A. L. J. 372; 115 N. Y. used under the said statute of 1871, 376). No. 205. Indenture of clerkship. As in form No. 202, substantially to (*) and from thence as follows : And the said C. D. covenants and agrees to and with the said A. B., that he will find and furnish to the said A. B., employment during the said period, in and about the busi- ness of a merchant, in the buying and selling of goods and merchandise, and the keeping of books of account, and in such other things as appertain and belong to the business of a merchant, as it has heretofore been conducted and carried on by the said C. D.; arid that he, the said C. D., will well and faithfully teach and instruct, or cause to be carefully and skillfully taught the said A. B., in the art, business and em- ployment aforesaid, and every branch thereof to which he is hereby apprenticed ; and that he will find and provide for the said' A. B., at all times during the continuance of said appren- ticeship, suitable and proper board, lodging and medical at- tendance (clothing and other necessaries), and will, at the ex- piration of said apprenticeship, give to said apprentice, A. B., a certificate in writing, stating that said A. B. has served a full term of apprenticeship of three (or, four ; or, five) years, at such trade, craft and business specified in this indenture. 33 258 Forms of And that he will cause said A. B., within such term, to be instructed to read and write; and in the common and general rules of arithmetic (as far as the rule of three direct inclu- sive), and at the end of said term will give to the said A. B. a new Bible. And the said C. D. acknowledges that, etc. (as in form No. 2 of'receipt of money by him), (or, insert any agreement for payment of wages or salary to apprentice) In witness, etc. (as in form No. 206).' (Signatures and seals as in form No. 206.) Sealed and delivered in presence of G. H. (Acknowledgments or proof as in forms Nos. 6, etc.) I. See notes to form No. 202. No. 206. Indenture of a female servant, who binds herself with, the consent of her parents or parent or guardian. This indenture, made the day of , in the year I , between Mary S., an unmarried female, of the age of (twelve) years,^ on the day of , i , last, of the town of , in the county of , the daughter of John S. (and Jane S.) of the same place, and said John S. (and Jane S.), (or, I. J., the guardian of said Mary S.), of the one part, and C. D. of the town and county aforesaid, of the other part, witnesseth : That the said Mary hath of her own free will, and by and with the consent of the said John S., her father (and Jane S., her mother), (or, of I. J., her said guardian), placed and bound herself as a servant to the said C. D., with the said C. D. to continue and serve, from the day of the date hereof, until the said Mary S. shall have at- tained the age of eighteen years (or, for the term of three or four or five years),^ which will be (or, expire) on the day of , in the year i , during all which term the said Mary shall well and faithfully serve and obey the said C. D. as a good and faithful servant, in all such lawful business as the said Mary shall be put unto, by the command of the said C. D., and honestly and obediently in all things shall behave Apprenticeship. 259 herself toward the said C. D., and honestly and orderly to- ward the rest of his family. That said Mary S. shall not leave the said C. D. during the said term for which she is hereby indentured, and if said Mary S. shall leave the said C. D., except as is provided by an act of the legislature of the State of New York, entitled " An act in reference to apprentices and employers," passed May 27, 1871, the said C. D. may compel her return under the penalties of said act.^ And the said C. D. covenants and agrees to and with the said Mary S., that he will provide at all times, during the continuance of the said apprenticeship, suitable and proper board, lodging, washing, and medical attendance (and all other necessaries), for said Mary S., and further that he will teach, or cause to be carefully and skillfully taught to said Mary S., every branch of his business to which she is hereby inden- tured, and further that he will, at the expiration of said appren- ticeship, give to said Mary S. a certificate in writing, stating that the said Mary S. has served a full term of apprenticeship of three (or, four ; or, five) years, at the trade or craft of a ser- vant f and that he will cause her to be taught to read and write, and at the erfd of said term will give to her a new Bible. [And the said C. D. acknowledges that he has received with the said Mary S., from her father, said John S., the sum of dollars, as a compensation for his instruction as here- inbefore mentioned],' (or, state any agreement as to payment of wages or salary to servant.) In witness whereof, the said parties have hereunto respect- ively set their hands and seals, the day and year first above written.'' M. S. [L. s.] J.S. [L. s.] J.S. [L.S.] [or, I. J. (L. s.)] Sealed and delivered in presence of E. F. (Acknowledgment or proof as in forms, Nos. 6, etc.) I. Under the provisions of the 2. By chapter 934 of Laws of New New York Revised Statutes the age York of 1871, § , the term of ap- of the apprentice is required to be prenticeship must be at least three stated in the indenture. (See note and not more than five years. (See 2 to form No. 202.) note 2 to form No. 202.) 26o Forms of 3. This covenant on the part of the employer is required to be inserted by section 2, subdivision 2, of chap- ter 934 of the Laws of New York of 1871. (See that section cited in note 2 to form No. 202.) See also Barton v. Ford (35 Hun, 32), cited in same note. 4. This covenant is required by section 2, subdivision 3 of chapter 934 of the Laws of New York of 1871. (See that section cited in note 2 to form No. 202.) 5. This covenant is required by the New York Revised Statutes in case of the apprentice's being bound out by officers of the poor. (See § 10, vol. 2, p. 155; 7th ed. 2349.) 6. By the New York Revised Stat- utes every sum of money paid or agreed for, with or in relation to the binding out of any clerk or appren- tice, is required to be inserted in the indentures. (2 N. Y. R. S. 155, | g; 7th ed. 2349.) 7. See generally on this subject the notes to form No. 202. • No. 207. Agreement of a father, or guardian, to be annexed to the in- denture of apprenticeship to be bound in damages for the default of the apprentice. In consideration of the covenants and agreements in the within indenture to be performed by the said C. D. to and with my son (or, ward), A. B., within named, I do hereby bind myself to the said C. D. for the true and faithful per- formance and observance by the said A. B. of the matters and things to be performed and observed in and by the said indenture ; and I do hereby covenant to and with the said C. D. that the said A. B. shall in all things well and truly perform and observe the same. Witness my hand and seal, the day and the date of said indenture.^ J. B. [L.S.] Sealed and delivered in presence of E. F. (Acknowledgment or proof as in forms Nos. 6, etc.) I. Where the father's , consent was expressed in the instrument, and he signed it, and also signed an agree- ment at the end of the indenture, binding himself for the faithful per- formance of the indenture by the ap- prentice, it was held a sufficient con- sent, signified in writing by a certifi- cate at the end of the indentures, un- der 2 N. Y. R. S. 154, § 3. (People V. First Judge of Livingston, 2 Hill, 596.) An indenture, after stating the con- sent of the guardian and the terms and duration of the apprenticeship, concluded thus: For the true per- Apprenticeship. 261 formance of all and singular the said Though it is not necessary the covenants and agreements, the said parent or guardian should bind master, apprentice and guardian himself for the good conduct of have hereunto interchangeably set the apprentice, yet if the language of their hands and seals, etc. The in- the indenture evinces an intention to strument was signed and sealed by do so, he will be held. (Bull v. Fol- all three. Held, that the guardian lett, 5 Cow. 170.) See, also. Mead was personally bound for the per- v. Billings (10 Johns, gg); Ackley v. formance of the covenant and for the Hoskins (14 id. 374). good conduct of the apprentice. No. 208. Contract to bind to service until twenty-one, or for a shorter period, a minor coming from a foreign country beyond sea. (2 N. Y. Rev. Stats. 155, 156, §§ 12, 13.) This contract, made the day of , in the year i , between J. N., an infant under the age of twenty-one years, to-wit, of the age of (nineteen) years on the (first) day of (March) last, and of F. N., the father, and M. N., the mother, of said infant (or, of C. J., the guardian of said infant) of the one part,^ and J. S., of the city of New York, merchant, of the other part, witnesseth : (*) That the said J. N., in pursu- ance of the statute in such case made and provided, and in consideration of the covenants hereinafter mentioned, with the consent of his said parent (or, parents ; or, guardian), hath bound himself, and hereby ^oth bind himself to service to the said J. S. and his assigns, with him and them to continue and serve from the day of the date hereof, unto the full end and term of (two) years (or, until the said J. N. shall be twenty-one years of age, which will be on the day of , in the year i ),2 during all which term the said J. N. shall well and faithfully serve the said J. S. and his as- signs, in all such lawful business as he shall be put to by the said J. S. or his assigns, to the utmost of the power and ability of the said J. N., and that he will behave himself honestly and obediently to the said J. S. and his assigns, at all times. That said J. N. shall not leave the said J. S. during the said term for which he is hereby indentured, and if said J. 262 Forms of N. shall leave the said J. S. except as is provided by an act of the legislature of the State of New York, entitled " An act in reference to apprentices and employers," passed May 27, 1 87 1, the said J. S. may compel his return under the penalties of said act. And the said J. N. covenants and agrees to and with the said J. S., that he will provide at all times during the con. tinuance of the said apprenticeship, suitable and proper board, lodging, washing and medical attendance, and all other neces- saries for said J. N., and further that he will teach or cause to be carefully and skillfully taught to said J. N. every branch of his business to which he is hereby indentured, and further, that he will, at the expiration of said apprenticeship, give to the said J. N. a certificate in writing, stating that the said J. N. has served a full term of apprenticeship of (two) years, at the trade or craft of a (stating business) f and that he will cause him to be taught to read and write,*and at the end of said term will give to him a new Bible. [And the said J. S. acknowledges that he has received with the said J. N., from his (father), said F. N., the sum of dollars, as a compensation for his instruction, as herein- before mentioned], (or, state any agreement for payment of wages or salary to apprentice). In witness whereof, the said parties have hereunto re- spectively set their hands and seals the day and year first above written.' , J.N. [L. S.] - F.N. [L. S.] M.N. [L. S.] J.S. [L. S.] Sealed and delivered in presence of E. F. State of New York, , y ss.. County, I hereby certify that on the day of , in the year I , J. N., to me known to be the person who executed the within contract, personally came before me, and on a private examination before me, acknowledged that the said Apprenticeship. 263 contract was by him made and executed freely, for the pur» poses therein expressed.^ VV. G. Justice of the Peace. (Acknowledgment or proof by other parties than the ap- prentice, as in forms Nos. 6, etc.) I. See the notes to form No. 202, will be of full age ; but it shall in no astocontentsof indenture of appren- case be for a longer term. (2 N. Y. ticeship, required by New York R. S. 155, § 12; 7th ed. 2350.) See statutes. McNulty v. Prentice (25 Barb. 204). By the New York Revised Stat- 2. No contract made under the utes any person coming from any last section, shall bind the servant, foreign country beyond sea, may unless it be acknowledged by him bind himself to service, if an infant, before some mayor, recorder, or al- until he attain the age of twenty-one derman of a city, or before some jus- years, or for a shorter term. Such tice of the peace ; nor, unless a cer- contract for service, if made for the tificate of such acknowledgment, and purpose of raising money to pay his that the same was made freely on a passage, or for the payment of such private examination, be indorsed passage, may be for the term of one upon such contract. (2 N. Y. R. S. year, although such term may extend 156, § 13; 7th ed. 2350.) beyond the time when such person No. 209. Contract of service for one year, to pay an emigrant's passage. (2 N. Y. R. S. 156, § 12.) As in form No. 208, to (*) and from thence as follows : That the said J. N., for the purpose of raising the sum of dollars to pay his passage from Ireland, and in consid- eration that the said J. S. hath advanced and paid the same, hath bound himself, and doth hereby bind himself with the , consent of his said parent (or, parents; or, guardian), to service to the said J. S., with him to dwell, continue and lerve, dur- ing the term of one year from the date hereof ; during all which time the said J. N. shall well and faithfully serve, etc. (concluding as in form No. 208).^ (Signatures and seals as in form No. 208.) Sealed and delivered in presence of E. F. (Acknowledgments, etc., as in forms Nos. 89, etc.)' I. See§i2of2N.Y.R. S. I55,and 2. See § 13 of N. Y. R. S. 156, other statutes of that State, referred referred to in note 2 to form No. to in note i to last form. No. 208. 208. 264 Forms of No. 210. Assignmeiit of an emigrant's contract of service, indorsed thereon. (2N.Y. R. S. 156, §13.) For and in consideration of the sum of dollars to me paid, I do hereby assign, transfer and set over to A. B., of the (town) of , in the county of , the within contract, and all my right to the services of J. M., within mentioned, for the use and benefit of the said A. B., his executors, ad- ministrators and assigns, and the said J. M. is hereby re- quired to render his services to the assignee accordingly. And the said A. B. covenants and agrees with the said J. S. to fulfill and perform the covenants to be performed and fulfilled for the benefit of the said J. M. in and by the in- denture, from the date of this assignment. Witness our hands and seals this day of , in the year i .' J.S. [L.S.J A. B. [L. s.] Sealed and delivered in presence of . E. F and G. H.^ (Acknowledgment or proof as in form No.-Sg, etc.) Magistrate's approval of the assignment to be indorsed on the contract (2 R. S. 156, § 14), as follows: I approve of the assignment of the within contract, by J. S. to A..B., as above written and executed. J. G.. Justice of the Peace. I. Section 14 of 2 New York Re- approved of, in writing, by any mag- vised Statutes, page 156, provides istrate mentioned in the preceding that the contracts specified in the two section (13, cited in note 2 to form No. last sections (forms Nos. 209, 210), 208), and such approbation shall be 'may be assigned by the master, by also indorsed on the contract. (N. an instrument in writing indorsed Y. R. S., 7th ed., 2350.) thereon, executed in the presence of 2. The statute requires two wit- two witnesses, if such assignment be nesses to the assignment. Apprenticeship. 265 No. 211. Assigmneut of an indenture of apprenticeship. Know all men by these presents, that I, the within-named A. B., for divers good causes and considerations, have as- signed and set over, and by these presents (as far as I law- fully may or can), do assign and set over the within inden- ture, and the apprentice therein named, unto C. D., of , his executors, administrators and assigns, for the residue of the term within mentioned, he and they performing all and singular the covenants therein contained, on my part to be kept and performed, and indemnifying me from- the same.^ In witness, etc. (as in form No. 30.) A. B. I. As to the assignability of the ties and corrections, the personal master's interest in the services of representatives of the master may, the apprentice, the rule seems to be with the written consent of the clerk, that an assignment, although not apprentice or servant, acknowledged good as such, will yet operate as a before a justice of the police or po- covenant that the apprentice shall lice justice, assign the indenture or serve the party named as assignee, contract of service to another, who on which the assignee may recover thereby becomes vested with all the against the assignor. (Nickerson v. rights of the master. CN. Y. Code Howard, ig Johns. 113.) Crim. Proc, § 939.) If, however, the apprentice ratifies If, in the case mentioned in the the assignment by serving the as- signee, it will be sustained as an as- signment, for the purpose of en- last section, the written consent of the clerk, apprentice or servant be re- fused, the assignment may be made abling the apprentice to gain a settle- with the same effect, under an order ment under the poor laws, at his of th*e Court of Sessions of the county, new residence with the assignee, upon fourteen days' notice of the ap- (Guilderland v. Knox, 5 Cow. 363.) plication therefor, to the apprentice, And it will be sustained for the or to his parent or guardian, if there purpose of defeating any right of ac- be any in the county. (Id., § 940.) tion by the apprentice to recover on Sections 41 and 42 of the New an implied assumpsit for services York Revised Statutes, volume 2, p. rendered to the assignee. (Williams 160, are believed to have been super- V. Finch, 2 Barb. 208.) seded by the above sections. (See Upon the death of a master to note, 7th ed. 2353.) whom a person has been bound to See also as to assignment of con- service as a clerk, apprentice or tracts for services made by minors servant, by the county superintend- coming from any foreign country be- ents of the poor, or bj' the overseers yond the seas, last form, No. 210, of the poor, or in the city of New and notes thereto. York, by the commissioners of chari.. 34 266 Forms of No. 212. Certificate of employer at the expiration of apprenticeship. (Laws of N. Y. of 1871, chap. 934, § 2, subd. 3.) I, C. D., do hereby certify, pursuant to the statute in such case made and provided, that A. B. has served a full term of apprenticeship of three (or, four, or five) years, with me, at the trade or craft of a (blacksmith). In witness whereof I have hereunto set my hand this ■ day of , I } CD (Acknowledgment or proof as in forms Nos. 89, etc.) I. See subdivision 3 of section 2 No. 202, as to such certificate and the of chapter 934 of the Laws of New contents thereof. York of 1 87 1, cited in note 2 to form No. 213. Assignment of indenture or contract of service on death of master. (N. Y. Code Crim. Proc, § 939.) This indenture, made the day of , i , between A. B. (and C. D.), as executor (or, executors) of the last will and testament of E. F., late of , deceased, (or, as ad- ministrator or administrators), of all and singular the goods, etc., of E. F., late of -, deceased), and B. R. of, etc., wit- nesseth : That whereas, J. K. was by an indenture of apprentice- ship (or, by a contract of service) dated , i , duly apprenticed and bound to service to said E. F. as apprentice (or, clerk ; or, servant), by N. M. and O. P., county superin- tendents of the poor of the county of (or, overseers of the poor of the city of ; or the commissioners of chari- ties and corrections of the city of New York). And whereas, the said E. F. departed this life on the day of , I , being at the time of his death a resident of the (town) of in the county of , leaving a last will and testament (or, intestate). And whereas, the said A. B. (and C. D.) Apprenticeship. 267 have been duly appointed the executors of said will (or, the administrators of, etc.), of said E. F., deceased : Now, therefore, pursuant to the statute in such case made, we do hereby in consideration of the sum of (one dollar) to us in hand paid by said B. R., the receipt of which is hereby acknowledged, transfer, assign, and set over unto said B. R., with the written consent of said J. K., duly acknowledged by him and hereto annexed (or, under an order of the Court of Sessions of the county of , a copy of which is hereto annexed), the said indenture of apprenticeship, to have and to hold to the said B. R., his executors, administrators and assigns. In witness whereof, we have hereunto set our hands and seals, the day and year first above written.^ A. B. [L. S.J C. D. [L. s.] Sealed and delivered in presence of G. H. (Acknowledgment or proof as in forms Nos. 89, etc.) (Annex consent of apprentice, form No. 214.) I. Section 939 of the New York thereby becomes vested with all the Code of Criminal Procedure provides rights of the master, that upon the death of a master to Section 940, id., provides that if in whom a person has been bound to the case mentioned in the last section, service as a clerk, apprentice or the written consent of the clerk, ap- servant, by the county superintend- prentice or servant be refused, the as- ents of the poor, or by the overseers signment may be made with the same of the poor, or in the city of New effect, under an order of the Court of York, by the commissioners of char- Sessions of the county, upon fourteen ities and correction, the personal days' notice of the application there- representatives of the master may for, to the apprentice, or to his parent with the written consent of the clerk, or guardian, if there be any in the apprentice or servant, acknowledged county. before a justice of the police court or For forms of affid.ivit, notice and a police justice, assign the indenture order upon such application, see or contract of service to another, who forms Nos. Z15, 216, 217. No. 214. Consent of apprentice, etc., to assignment of indenture. (N. Y. Code Crim. Proc, § 939.) I, J. K., the apprentice, etc., named in a certain indenture of apprenticeship or contract of service, dated , i , 268 Forms of executed by me and by E. F. and G. H., county superintend- ents of the poor of the county of (or, overseers of the poor of the city of ), with C. D., by which indenture I was bound as apprentice to said C. D., as specified in said in- denture, do hereby consent, pursuant to statute, to the as- signment of said indenture to B. R. by C. W. (and M. N.), the executor (or, executors) of the last will and testament of said C. D. [or, the administrator (or, -administrators) of, etc., of said C. D.]. In witness whereof, I have hereunto set my hand this ■ day of , I } In presence of J. K. G. H. (Acknowledgment as in form No. 89, which must be made before a justice of the police court or police justice.) I. See § 939, N. Y. Code Crim. Proc, cited in note i to form No. 213. V No. 215, Aflldavit upon application for order of Court of Sessions, di- recting assignment of indenture of apprenticeship. (N. Y. Code Crim. Proc, § 940.) State of (New York), 1 County of , ) A. B. of , being duly sworn, deposes and says : That he is the executor (or, one of the executors) of the will of E. F., late of , deceased (or, insert other description of de- ponent). That said E. F., in his life-time, entered into an in- denture (or, contract of service) with J. K., and with M. N. and O. P., the county superintendents of the poor of the county of (or, overseers of the poor of the city of ; or, commissioners of charities and correction of the city of New York), dated , 1 , by which said J. K. was bound as an apprentice (or, clerk ; or, servant), a copy of which instrument is hereto annexed, and marked schedule A. That afterward and on or about the day of , i , said E. F. de- parted this life, being at the time of his death a resident of the town of , in the county of , leaving a last will and testament (or, intestate), and that the deponent (and C. D.) has (or, have) been duly appointed the executor (or, Apprenticeship. 269 executors) of said will [or, the administrator (or, adminis- trators) of, etc., of said E. F., deceased]. That the said executors (or, deponent as said executor) [or, administrators (or, deponent as said administrator)] de- sire to make an assignment of said indenture or contract of service, to B. R., pursuant to the statute in such case made, but that the said J. K. has refused to give his consent, in the manner required by statute, to the assignment of said inden- ture (or, contract). That said B. R. is willing to take said assignment and to pay therefor the sum of dollars. And deponent asks that the court will make an order di- recting said assignment to be made.^ A. B. Sworn before me, this ) day of , I . j I. See g§ 939 and 940 of the New cited in note 1 to form No. 213, as York Code of Criminal Procedure to this application. No. 216. Notice of application for order of Court of Sessions directing assignment of indenture, etc., to be made. (N. Y. Code Crim. Proc, § 940.) To J. K. and to F. K., father (or, mother ; or, guardian) of said J. K.: Take notice, that upon the affidavit of A. B., a copy of which is hereto annexed, an application will be made to the Court of Sessions of the county of , at a term of said court to be held at the (city hall) in the city of , in said county, on the day of , i , at the opening of the court on that day,- or as soon thereafter as counsel can be heard, for an order directing the assignment of the inden- ture (or, contract) mentioned in said affidavit, and for such other or further relief as may be proper.' Dated , i . Yours, etc., A. B. C. D. (Executors of the will of E. F., deceased.) I. See §§ 939, 940 of the New York in note i to form No. 213, as to this Code of Criminal Procedure, cited application. 270 Forms of No. 217. Order of Court of Sessions directing assignment of Indenture, etc., to be made. (N. Y. Code Crim. Proc, § 940.) At a Court of Sessions of the county of , held at the (city hall) in the city of , in said county, on the day of , I . Present — J. C, County Judge. M. F., Justice of the Peace. P. C, Justice of the Peace. % In the Matter of the Applica- tion of A. B. (and C. D.), executor (or, executors) of the will of E. F., deceased, for an order directing the assignment of an indenture of apprenticeship. On reading and filing the afifidavit of A. B., the executor (or, one of the executors of the will of E. F., deceased), dated , i , and notice of motion, with proof of due service of copies of said affidavit and notice upon J. K., and upon F. K., the father (or, mother ; or, guardian), [or, proof by the afifidavit of E. M., dated , i , that the said J. K. has no parent or guardian in said county, and after hear- ing I. L. for the said (executor), and R. M., for said J. K. (and F. K.), (or, no one appearing to oppose): It is hereby ordered, that an assignment be executed by said A. B., as such (executor) to B. R., upon payment of the amount specified in the said affidavit.^ I. See §S^ 939, 940, of the New note to form No. 213, as to this pro- York Code of Crim. Pro., cited in ceeding Apprenticeship. 271 No. 218. Complaint in action against employer for neglect to teach, etc., apprentice. (Laws of N. Y. of 1871, chap. 934.) New York Supreme Court, county. A. B., an infant, by C. D., his guardian, plaintiff, against C. D., defendant. The complaint of A. B., the above-named plaintiff, respect- fully shows : That the plaintiff is an infant, under the age of twenty-one years; that on the day of , i , the said G. H. was appointed, upon application duly made in his behalf, as guardian ad litem of said plaintiff, by the court (or, by Hon. C. C, a judge of this court ; or, by Hon. C. P., county judge of county), by order duly entered, for the pur- poses of this action.* That heretofore and on or about the day of , I , by an agreement or indenture of apprenticeship in writing, dated that day, duly executed under seal by plaintiff and by J. B. Tand C. B.), his father (and mother), [or, by C. B., his mother, (or, guardian)], and by the defendant, C. D., he, said plaintiff, was duly apprenticed to said C. D., for the term of (three) years, from the said day of , i , in the trade and business of a (blacksmith), which said C. D. was engaged in. That it was covenanted and agreed in and by said inden- ture on the part of the said C. D., among other things, that he would provide at all times, during the continuance of said apprenticeship, suitable and proper board, lodging and medi- cal attendance, for the said A. B., and would teach or cause to be carefully and skillfully taught to said A. B. every branch of said business to which the said A. B. was indentured as aforesaid. 272 Forms of And plaintiff further shows, that the said A. B. entered into the service of said C. D., under said indenture, as his apprentice, and has faithfully performed the covenants and agreements contained in said indenture on his part to be per- formed, but that the said C. D. has not performed said cove- nants on his part therein contained, but has, during all the term of said apprenticeship, neglected and refused to teach, or cause to be taught, to said A. B. the art or mystery of the trade or craft to which said A. B. was indentured as aforesaid (and has failed for (three months) last past to provide suitable and proper board, lodging and medical attendance for said A. B.), though often requested to do so by the said A. B. And plaintiff further shows, that said A. B. has sustained damages by reason of said neglect and refusal to the amount of dollars. The plaintiff, therefore, prays judgment that he may recover from said defendant the sum of dollars, and that the court will direct said indenture to be canceled, and will en- force a fine upon said defendant of one thousand dollars for said neglect and refusal, to be collected of him and paid over to said A. B., or, to the plaintiff for the sole use and benefit of said A. B., as provided by statute. And that plaintiff may recover against said defendant the cost of this action,^ and may have such other and further relief as may be proper, F. M., Attorney for plaintiff. (Office address.) COUNTY, ss.: A. B. of , being duly sworn, says, that he is the plain- tiff in the above-entitled action ; that he has read the fore- going complaint subscribed by him, and knows the contents thereof ; that said complaint is true to the knowledge of de- ponent, except as to the matters therein stated to be alleged upon information and belief, and as to those matters he be- lieves it to be true. Sworn before me, this ] A. B. day of , I . ) I. See Grantman v. Thrall (44 How. Pr. 413), as to necessity of this Barb. 173); Hubbard v. Young (13 allegation. Apprenticeship. 273 2. Section 5 of chapter 934 of the lect or refusal ; and, if proved to the Laws of New York of 1871 provides satisfaction of the court, said court that should any employer or employ- shall direct said indentures to be can- ers neglect or refuse to teach, or celed, and may impose a fine on said cause to be taught to said apprentice employer or employers, not exceed- the art or mystery of the trade or ing one thousand and not less than craft to which said apprentice has one hundred dollars, and said fine been indentured, or fail at any time shall be collected and paid over to to provide suitable and proper board, said apprentice or his parent or guar- lodging and medical attendance, said dian for his sole use and benefit, apprentice, individually, or his parent The foregoing complaint may be or parents, guardian or guardians, easily adapted to the case of a suit may bring an action against said em- brought by the parent or guardian of ployer or employers, to recover dam- the infant, ages sustained by reason of said neg- No. 219. Complaint against the master for cruelty, misusage or viola- tion of duty, where money has been paid or agreed to be paid, at the time of binding. As in form No. 222, to (*) omitting the words " and that the said C. D. has not received, and is not entitled to receive any sum of money as a compensation for the instruction of your petitioner," and from thence as follows : That the said C. D. has already received from your petitioner (or, that there has been agreed to be paid to said C. D., by) said A. B., the sum of dollars, on the, binding out of said A. B., as compensation for his instructions [or, that said C. D. has agreed to pay your petitioner the amount of dollars, stating agreenaent, as wages or compensation for his services as such apprentice (and has already paid the said A. B. the sum of dollars, on account of said wages or compensa- tion)]. Conclude as in form No. 222, from v*)-' Dated , i . A. B. (Verification as in form No. 222.) I. Section 934 of the New York the magistrate to whom it is made Code of Criminal Procedure pro must examine it, as provided in sec- vides that where money is paid or tion 932 (cited in note I to form agreed to be paid, on binding out a No. 224), and on such examination, clerk or apprentice, he may make the may make such order and direction complaint mentioned in section 931 between the parties, as the justice of (cited in note i to form No. 222), and the case may require. 35 274 Forms of No. 220. Undertaking of master where complaint is not compromised. (Code Crim. Proc, § 935.) Before L. R., justice of the peace, in the town of -, in the county of . In the Matter of the Complaint made by A. B., an appren- tice, against C. D., his mas- ter. Whereas, complaint on oath has been made to F. R. (a justice of the peace of the county of ,)by A. B., an ap- prentice, against C. D., his master, and the parties having been summoned and appeared before the said justice, and after due examination into the premises, the complaint can- not be compromised : Now, therefore, we, E. F. (merchant), and G. H. (farmer), of, etc., do hereby jointly and severally undertake, pursuant to statute, in the sum of dollars, that the said C. D. shall personally be and appear at the Court of Sessions of the county of , at the next term thereof, to be held at the city of , in and for said county, then and there to answer said complaint, and to do and receive what shall, by the court, be then and there enjoined upon him, and shall not depart the court without leave.^ Dated . E. F. G. H. (Acknowledgment by E. F. and G. H., as in form No. 89.) COUNTY, ss.: E. F. and G. H., being severally duly sworn, each for him- self deposes and says : That he is one of the sureties named in the foregoing undertaking ; that he is a resident of and a householder (or, freeholder), within the said county (or, within the State), and is worth the sum of dollars (twice the sum specified in the undertaking), over all the Apprenticeship. 275 debts and liabilities which he owes, or has incurred, and exclusive of property exempt by law from levy and sale under execution. Sworn to before me, this ) E. F. day of , I . ) G. H. I. Section 935 of the New York be compromised, the magistrate must Code o( Criminal Procedure pro- take a written undertaking from the vides that in the case mentioned in master, for his appearance at the next the last section (cited in note i to Court of Sessions of the county, in a form No. 219), the complaint cannot sum, with sureties approved by him. No. 221^ Order of Court of Sessions on hearing of complaint, form No. 219. (N. Y. Code Crim. Proc, § 936.) At a Court of Sessions held in and for the county of , at , in the city of , on the day' of , i . Present — J. C, County Judge, M. N., Justice of the Peace, C. F., Justice of the Peace. In the Matter of The Com- plaint of A. B., an appren- tice, against C. D., his master, j The said A. B., an apprentice under indenture dated , I , having filed his complaint, under oath, pursuant to statute, before L. R. (a justice of the peace of said county of ) against said C. D., his master, who had re- ceived the sum of dollars as a compensation for his in- struction on the binding out of such apprentice (or, state agreement for payment according to the facts) ; that the said C. D. has cruelly beaten and wounded said A. B., being his apprentice as aforesaid (or, had misused or ill-treated said A. B., being his apprentice as aforesaid, by refusing to furnish him, the said A. B., with necessary provisions and clothing ; or, state other violation of duty, in like manner), and the said parties having been summoned by said justice to appear, an,d having appeared before him, and the said justice having examined the said complaint, on which examination the said 2/6 Forms of complaint could not be compromised, and the said justice having thereupon taken a written undertaking pursuant to statute, from the said C. D., for his appearance at this Court of Sessions, to answer to said complaint, etc., and the testi- mony of the parties having been heard and considered, and the said parties having been heard by their respective coun- sel, it is hereby ordered, decreed and determined, by this court, that the said A. B. be discharged from the service of the said C. D. And it is further ordered, that the said amount of dollars, paid in binding out the said A. B. to the said C. D., be refunded by the said C. D. to the said A. B. (or, to F. B., the father, or, mother, or guardian) of the said A. B. And it is further ordered that the said F. B., the father (or, mother, or guardian) of the said A. B., be discharged from his obligation or agreement to pay any further sum to said C. D. as a compensation for the instruction of the said A. B., and also ordered that the said indentures of appren- ticeship and the securities given for such payment be forth- with given up and canceled.' P yr pjgj.]. I. Section 936 of the New York agreed for in binding him out, be Code of Criminal Procedure provides refunded, if paid, to the person who that upon hearing the parties, the advanced it, or his personal represen- court may, by an order entered upon tatives, or if not paid, that it be dis- the minutes, direct that the clerk or charged, and that any security given apprentice be discharged from ser- therefor be delivered up or canceled, vice, and that the money paid or No. 222. Complaint against the m.aster for cruelty, misusage or viola tion of duty, where no money has been paid or agreed to be paid for his instruction. (N. Y. Code Crim. Proc, § 931.) To F. R., Esq., a justice of the peace of the town of , in the county of [or, a police justice in the county of , or, the mayor (or, recorder, or city judge) of the city of ] : The petition of A. B., of the (town) of , in said county, respectfully shows : That your petitioner was lawfully bound Apprenticeship. 277 as an apprentice to one C. D., by indenture of apprentice- ship, bearing date on the day of , I , a copy of which said indenture is hereto annexed ; that the term of apprenticeship for which your petitioner was bound has not yet expired, and that the said C. D. has not received, and is not entitled to receive, any sum of money as a compensation for the instruction of your petitioner. (*) That said C. D. has been guilty of cruelty to, and misusage of, your petitioner in that he has cruelly beaten and wounded him (and has re- fused and still refuses to furnish him with necessary provis- ions and clothing) (or, state any other violation of duty) as is prescribed by special statutes of this State (or, by the said indentures) at , the town of aforesaid, on the day of , I , and at divers other times within last past.^ A. B. County of- A. B., being sworn, says, that the facts stated in the above petition, subscribed by him, are true. Sworn before me, this ] A. B. day of , I . i F. R., Justice of the Peace. I. Section 931 of the New York note i to form No. 229), who must Code of Criminal Procedure pro- summon the defendant before him, vides that if a master be guilty of at a specified time and place, cruelty, misusage, refusal of neces- Where a complaint is made to a sary provisions or clothing, or any magistrate under the above section, other violation of duty toward his the decision of the magistrate thereon apprentice or servant, as prescribed is not reviewable on appeal. (Killo- by special statutes, or by the inden ran v. Barton, 26 Hun, 648.) tare or contract of service, the ap- See, also, § 933, id., cited in note i prentice or servant may make com- to form No. 2^9, as to the cases to plaint on oath, to any of the magis- which § 931 is applicable, trates mentioned in section 927 (see 2/8 Forms of No. 223. Summons issued upon, complaint, form No. 222 (N. Y. Code Crim. Proc, § 931.) County of , ss.: In the name of the People of the State of New York, to any peace officer of the county of (or, of the city of ), greeting : Complaint having been made on oath by A. B., an ap- prentice, of the (town) of in said county, to me, a jus- tice of the peace in and for said county, that C. D., to whom said A. B. is lawfully bound as an apprentice, and who has not received, and is not entitled .to receive, any sum of money with him, as a compensation for his instruction, has been guilty of cruelty to and misusage of said apprentice, in that he has cruelly beaten and wounded him (and has refused and still refuses to furnish him with necessary provisions and clothing) (or, state any other violation of duty as alleged in the petition), to-wit, at , in said county, on the day of , I , and at divers other times within past:' Now, therefore, you are hereby commanded and required to summon the said C. D. before me at my office in said town of , on the day of , i , at o'clock in the • noon of that day, in order that I may hear, examine and de- termine as to the truth of the allegations of said complaint. Witness my hand this day of , i } F. R Justice of the Peace. I. See § 931 of New York see § 933, id., cited in note i to fornt Code of Criminal Procedure, cited No. 229. in note i to last form, No. 222, and No. 224. Dismissal of complaint, or discharge of apprentice. (N. Y. Code Crim. Proc, § 932.) ss.: Town of County of — A. B., of , having presented to me, the undersigned, a justice of the peace of said town, a complaint on oath, Apprenticeship. 279 that the said C. D., to whom the said A. B. was lawfully bound by indenture of apprenticeship, the term of whose service in which was still unexpired, and who had not re- ceived, nor was entitled to receive, any sum of money as a compensation for the instruction of said A. B., had been guilty of cruelty to, and misusage of said apprentice, in that he had cruelly beaten and wounded him (and had refused to furnish him with necessary provisions and clothing (or, state any other violation of duty as alleged in the petition), and the said A. B. and C. D. having been brought before me, by virtue of my summons issued upon said petition of complaint, and I having proceeded to hear the allegations and proofs of the parties, (*) I find the said C. D. to be guilty of the said acts and misdemeanors alleged in said com- plaint and that said complaint is well founded : Now, there- fore, I do by this certificate discharge A. B., the said ap- prentice, from the service of his master, the said C. D., any thing in his indenture of apprenticeship to the contrary not- withstanding. Given under my hand this day of , i .' L. R., Justice of the Peace. [Or, as above to (*) and from thence as follows : I find the said C. D. not to be guilty of the said acts and mis- demeanors alleged in said complaint ; and that said com- plaint is not well founded. Now, therefore, I do by this certificate, dismiss the said complaint. Given, etc. (as in above form). L. R., Justice of the Peace.] I. Section 932 of the New York with his name of ofBce, discharge the Code of Criminal Procedure pro- apprentice or servant from the ser- vides that the magistrate must im- vice of his master; or, if not, he mediately, or at a time to which he must, by a similar certificate, dismiss may, for good cause, adjourn the the complaint. matter, proceed to hear the allega- See, also, § 933, id., cited in note i tions and proofs of the parties, and to form No. 229, as to the cases to if the complaint be well founded, which the above cited section is ap. must, by a certificate under his hand, plicable. 28o Forms of No. 225. Complaint against apprentice or servant for absenting himself or refasing to serve, or for a misdemeanor or ill-behavior, where money has been paid or agreed to be paid by or to the master. (N. Y. Code Crim. Proc, § 937.) As in form No. 229, to (*), omitting therefrom the words, " who has not received and is not entitled to receive any sum of money with him, as a compensation for his instruction." And from thence as follows : That your petitioner has al- ready received from (or, That there has been agreed to be paid to your petitioner by) said A. B., the sum of dol- lars, on the binding out of said A. B., as compensation for his instructions [or, That your petitioner has agreed to pay the said A. B. the amount of dollars (stating agreement) as wages or compensation for his services as such apprentice (and has already paid the said A. B. the sum of dol- lars on account of said wages or compensation)]. Concluding as in form ISTo. 229, from {*)} Dated — -, I . C. D. (Verification as in form No. 222.) I. Section 937 of the New York inclusive, and may discharge the Code of Criminal Procedure provides complaint, or if in his opinion it be that the master of a clerk or appren- well founded may take a written un- tice, where money is paid or agreed dertaking, in a sum and with sure- for on binding him out, may make ties to be approved by him, for the the complaint mentioned in section appearance of the clerk or apprentice 927, and the magistrate to whom it at the next Court of Sessions of the is made must proceed thereupon, as county, provided in sections 927 to 930, both No. 226. Warrant upon filing of complaint, form No. 225. (N. Y. Code of Crim. Proc, §§ 930, 937.) County of , jj. .• In the name of the People of the State of New York, to any peace officer of the county of (or, city of ), greeting : Complaint on oath having been made to me (a justice of the peace of said county) by C. D., of the (town) of , in Apprenticeship. 281 said county, that A. B., an (apprentice) of said C. D., whose term of service is still unexpired, and for whose instruction the said C. D. has received the sum of dollars (or, is entitled to receive the sum of dollars at the expiration of said apprenticeship), has willfully absented himself from the service of his said master, without the leave of his said master, and has refused to return thereto (or, state other violation of duty), as he is required by law, and by the terms of his apprenticeship to do [or, has been guilty of a misde- meanor, to-wit (stating same), or of ill-behavior, to-wit (stating same)]. Now, therefore, you are hereby commanded, etc. (conclud- ing as in form No. 230).-' F. R., Justice of the Peace. 1. See §§ 929 and 937 of New York 230, and in note i to form No. 225, Code of Criminal Procedure, cited as to this warrant, respectively in note I to form No. No. 227. Undertaking to be given by clerk or apprentice for his ap- pearance at Court of Sessions, where money has been paid or agreed for on binding him out. (N. Y. Code Crim. Proc, § 937.) Before F. R., justice of the peace. In the Matter of the Com- plaint made by C. D., master, against A. B., his apprentice. Whereas, complaint on oath has been made to F. R., a justice of the peace of the county of , by C. D., a mas- ter, against A. B., his apprentice, under indentures dated , I , and the defendant having been brought before said justice, and said justice having proceeded to hear the allega- tions and proofs of the parties, and after due examination into the premises, the complaint being in his opinion well founded : Now, therefore, we, E. F., merchant, and G. H., farmer, of, etc., do hereby jointly and severally undertake, pursuant to 36 282 Forms of statute, in the sum of dollars, that if said A. B. shall personally be and appear at the Court of Sessions of the county of -, at the next term thereof, to be held at the city of , in and for the said county, then and there to answer said complaint, and to do and receive what shall, by the court, be then and there enjoined upon him, and shall not depart the court without leave.^ Dated , i . E. F. G. H. (Acknowledgment as in forms Nos. 89, etc.) (Affidavit of justification by sureties as in form No. 220.) I. See § 937 of New York Code of Grim. Proc, cited in note 1 to form No. 225. No. 228. Order of court on hearing of complaint, form No. 225. (N. Y. Code Crim. Proc, § 938.) At a Court of Sessions held for the county of , at , in the city of , in said county, on the day of , I : Present — J. C, County Judge. P. F., Justice of the Peace. B. N., Justice of the Peace. In the Matter of the Com- plaint of C. D., a master, against A. B., his apprentice. The said C. D. having filed his complaint under oath, be- fore L. R. (a justice of the peace of said county of ), against said A. B., his apprentice, setting forth that said A. B. being lawfully bound under indentures, dated , i , to serve the said C. D., as prescribed by special statutes of this State, the said C. D. having received with said appren- tice the sum of dollars as a compensation for his in- struction on his binding out (or, state agreement for payment, according to the facts) the said A. B. had willfully absented himself from his service, without the leave of his said master, and had refused to return thereto [or, had been guilty of a Apprenticeship. 283 misdemeanor, to-wit : (stating same) ; or, of ill-behavior, to- wit : (stating same)], and the said L. R. having caused the said A. B. to be brought before him, and having proceeded to hear the allegations and proofs of the parties, and the said complaint having appeared to said justice to be well founded, and the said justice having thereupon taken a written under- taking pursuant to statute, for the appearance of the said A. B., at this Court of Sessions of said county, to answer to the aforesaid complaint, and now the testimony of the several parties having been duly submitted, and the said parties hav- ing been heard by their respective counsel, it is hereby or- dered and decreed (*) that the said A. B. be fined in the sum of dollars, and that he stand imprisoned in the county jail of said county till the same be paid, and until he shall consent to serve the said C. D.* I. Section 938 of the New York 936 (cited in note i to form No. 221), Code of Criminal Procedure pro- and may punish the clerk or appren- vides that upon hearing the parties tice by fine or imprisonment, or both, the court may proceed as in section as for a misdemeanor. No. 229. Complaint against apprentice or servant for absenting him- self, or refusing to serve, or for a misdem.eanor or ill-taehai?- " ior, where no money has been paid or agreed to be paid for his instruction. (N. Y. Code Crim. Proc, § 927.) To F. G., Esq., Justice of the Peace, of the town of , in the county of (or, police justice in the county of ; or, mayor, recorder, or city judge of the city of )■ The petition of C. D., of said town, respectfully shows, that by an instrument in writing dat^d — — , i , one A. B. was apprenticed to your petitioner, as appears from the said instrument, a copy of which is hereto annexed ; that said term of apprenticeship has not yet expired, and that said A. B. refuses to serve your petitioner, who has not received, and is not entitled to receive, any sum of money with him, as a compensation for his instruction, as he is required to do in and by the terms of the said indenture (or, willfully absents 284 Forms of himself from the service of your petitioner, his said master, without the leave of his said master, and refuses to return, or, has been guilty of a misdemeanor (or, ill-behavior), to, wit : (stating same), (*) and your petitioner asks that a war- rant may issue to apprehend the said A. B., and bring him before you, that he may answer for his refusal or neglect in the premises (or, for said ill-conduct or misdemeanor).^ Dated , I . C. D. County of -»« — , ss.: C. D., the above-named petitioner, being sworn, says he has read the foregoing petition by him subscribed, and that he knows the contents thereof, and that the facts and cir- cumstances therein stated are true. C. D. Sworn before me, this ) — : — day of , I . ) F. G., Justice of the Peace. I. Section 927 of the New York a justice of the peace or police jus- Code of Criminal Procedure pro- tice in the county, or before the vides that if an apprentice or ser- mayor, recorder or cit}' judge of the vant, lawfully bound to serve as pre- city where he resides, scribed by special statutes, willfully Section 933, id., provides that the absent himself therefrom, without preceding sections (§§ 927-932) of the leave of his master, or refuse to that title (9 of part 6) do not extend serve according to his duty, or be to an apprentice, whose master has guilty of any misdemeanor or ill- received, or is entitled to receive, a behavior, his master may make com- sum of money with him, as a com- plaint of the facts under oath, before pensation for his instruction. No. 230. Warrant, when, complaint is made in the absence of the de- fendant. (N. Y. Code Crim. Proc, § 928.) County, ' lown of , j In the name of the People of the State of New York, to any peace ofificer of the county of (or, of the city of ), greeting : A. B., a person lawfully bound to service as prescribed by special statutes, having willfully absented himself therefrom, Apprenticeship. 285 without the leave of his master, C. D., and having refused to return (or, state other facts proven to the magistrate), and his said master, who has not received, and is not en- titled to receive, any sum of money with him, as a compen- sation for his instruction, having made his complaint thereof under oath to the undersigned, a (justice of the peace of the said town and county) in the absence of the defendant, and said facts having been proven to my satisfaction : You are, therefore, hereby commanded to arrest the said A. B. and to bring him before me at my ofifice in the said town of forthwith (or, on the day of , i , at o'clock in the noon,) to answer the said complaint. Given under my hand, this day of , i .' F. G., Justice of the Peace. I. Section 928 of the New York or at a specified time and place, to Code of Criminal Procedure pro- answer the complaint, vides that if the complaint be made Section 929, id., provides that the in the absence of the defendant, and peace officer must accordingly exe- the facts be proved to the satisfac- cute the warrant by arresting the de- tion of the magistrate, he must issue fendant and taking him before the a warrant, signed by him, with his magistrate. name of office, to a peace officer of See, also, § 933, id., cited in note the county or city, commanding him i to last form, No. 229, as to cases to arrest the defendant and bring to which this proceeding is appli" him before the magistrate forthwith, cable. No. 231. Commitment or discharge of defendant by magistrate. (N. Y. Code Crim. Proc, § 930.) In the name of the People of the State of New York, to any peace officer of the county of (or, of the city of ), greeting : A. B., a person lawfully bound to service as prescribed by special statutes of the State of New York, having willfully ab.sented himself therefrom without the leave of his master, C. D., and having refused to return (or, state other facts), and his said master, who has not received and is not entitled to receive any sum of money with the said A. B., as a compensa- tion for his instruction, having made his complaint thereof, 286 Forms of under oath, to the undersigned, a (justice of the peace of the said town and county), in the absence of the said defendant, and I thereupon having issued my warrant, pursuant to stat- ute, for the arrest of said defendant, and he having been brought before me at this time and place (or, on the day of , I ), pursuant to the directions of said warrant (and said matter having been for good cause duly adjourned to this time and place), and I having proceeded to hear the allegations and proofs of the parties, they being present, (*) and the said complaint appearing to be well founded : You are, therefore, hereby commanded to deliver the body or person of the said A. B., at the county jail of said county, to the sheriff of the said county, or to the keeper of said jail (or, at the city prison of the city of New York, to the keeper of said prison), who are respectively (or, who is) required to receive him, the said A. B., and to commit and imprison him, the said A. B., in the said county jail (or, city prison), there to remain for (one month) at hard labor, and where he must be confined in a room with no other person. Given under my hand, this day of , i } F.G, Justice of the Peace. [Or, as above, to (*), and from thence as follows : I do hereby by this, my certificate, made pursuant to statute, discharge the said defendant, A. B., from the service of his said master, C. D., and the said master from all obligations to the said defendant. Given, etc. (as in above form). F. G., Justice of the Peace.] I. Section 930 of the New York city, for not exceeding one month, at Code of Criminal Procedure pro- hard labor, where he must be con- vides that the magistrate must im- fined in a room with no other person; mediately, or at a time to which he or may, by a certificate, signed by him may, for good cause, adjourn the with his name of office, discharge the matter, proceed to hear the allega- defendant from the service of his tions and proofs of the parties, and master, and the master from all obli- if the complaint appear to be well gallons to the defendant. See, also, founded, must commit the defendant § 933, id., cited in note i to form to the county jail, or in the city of No. 229, as to the proceedings to New York, to the city prison of that which that section is applicable. Appointments. 287 Appointments. See Guardian and Ward Arbitration and Award. Agreement for submission — See Agreements. Arbitration bond — See Bonds. Award by arbitrators — See Award. Notice of revocation to arbitrators and to parties — See Award Oatlis in arbitration proceedings — See Oaths. 288 Forms of CHAPTER VII. Forms of Assignments. No. 233. Assignment of copyright in a book, for one edition, or in full. 234. Assignment of partnership property by one partner to the other, on dissolution. 235. Assignment by partners, each to the other, of debts owing to them jointly. 236. Assignment of a bond or other instrument for the payment of money. 237. Assignment of a bond, or other instrument indorsed thereon 238. Assignment of a mortgage. 239. Same, another form. 240. Assignment of a bond and mortgage, with covenants. 241. Assignment of a bond and mortgage as collateral security for a debt. 242. Assignment of a demand as collateral security for an indorse- ment. 243. Assignment of a demand as collateral security for a promissory note, etc. 244. Assignment of a judgment. 245. Same, short form. 246. Same, another form. 247. Assignment of dower. 248. Assignment by lessee of lease under seal. 249. Assignment of lease by indorsement. 250. Assignment of lease by executor of lessee. 251. Assignment of a patent right, or of an interest therein. 252. Assignment of book account. 253. Assignment of a man's whole estate in consideration of certain specified debts. 254. Assignment of indenture of apprenticeship (reference to No. 2[l). 255. Assignment by old sheriff to the new sheriff. 256. Assignment of entire or part interest in invention. 257. Assignment of entire interest in invention, with certificate of record in United States patent office. 258. Assignment of part interest in invention, with certificate of record in United States patent office. Assignments. 289 No. 233. Assignment of copyright in a book, for one edition, or in full This indenture, made this day of , in the year -, by and between A. B., of — » — , of the first part, and C. D. and E. F., of , booksellers and copartners, under the style and firm of C. D. & Co. of the second part, witnesseth : First. That the said A. B., for the considerations hereinafter mentioned, doth hereby license and authorize the said C. D. & Co., or their legal representatives, to print, publish and sell [an edition of five hundred and twenty copies of (each volume of)], a work now in preparation by the said A. B., to be called (here insert the title of the work) [the said A. B. hereby reserving to himself the general copyright in said work]. Second. That the said C. D. & Co., in consideration of the license aforesaid, do hereby covenant and agree, for them- selves and their legal representatives, to and with the said A. B. and his legal representatives, that they will publish the said work as soon as practicable after they shall receive the manuscript, in good style and in such manner as they shall deem expedient, and will keep the market at all times fully supplied therewith, and will pay to said party of the first part, or his legal representatives, the sum of (per volume) (or, per cent upon the regular retail price of said book) for each and every copy of the said [five hundred and twenty copies of the said] book, payable semi-annually as fast as the said copies shall be sold, or otherwise disposed of, they rendering to said A. B. an account of sales of the said work [accompanied with the certificate of the printer to the number printed (or, and exhibiting to him on request their manufacturer's books showing the number printed)]' at the expiration of each six months from the day of the first publication [until the whole shall be sold] and that they will give to said A. B., or his representatives, the said twenty copies handsomely bound, free of charge (to be disposed of by him or them as may best promote the sale of said work). {Third. That the said C. D. & Co., in consideration also 37 290 Forms of of the aforesaid license, for themselves and their legal repre- sentatives, covenant and agree that they will not print, pub- lish or sell any more than the said five hundred and twenty copies until authorized so to do by the said A. B., or his legal representatives, in writing ; it being understood that the -license herein contained e«tends only to one edition of the number of copies above specified.] Fourth. That the said A. B., in consideration of the pay- ments above agreed and covenanted to be made by said C. D. & Co., and of the said twenty copies, for himself and his legal representatives doth hereby covenant and agree with the said C. D. & Co. and their legal representatives, that he will furnish to the printer to be employed by them, fair copy of the said work, and will superintend the printing, and correct the proofs thereof in the usual manner ; and that he will take out the usual evidences of copyright, for the protection of said work, and will not authorize any person to print, publish or sell, and will not himself print, publish or sell any other copies of the said work [until the whole of the said five hundred copies shall have been sold or disposed of by the said C. D. & Co., or their legal representatives]. In case of non-performance by the said parties of the sec- ond part, of either of the provisions of this contract, on their part to be performed, then their right to publish and sell the said book shall be forfeited and shall revert to the party of the first part ; who shall then have the right of purchasing the plates (and engravings) then used in publishing the work at a fair valuation. In testimony whereof, etc. (as in form No. 163).^ A. B. [L. s.] C. D. & Co. [L. s.] Sealed and delivered in presence of E. F. (Acknowledgment or proof as in forms Nos. 6, etc.) 1. These words in brackets are to as follows: "No person shall main- be inserted in case the contract is for tain an action for the infringement of the entire copyright of the work. his copyright unless he shall give 2. It is provided by United States notice thereof by inserting in the Revised Statutes, Supp. No. i, 40 several copies of every edition pub- (act of June 18, 1874, chap. 301, § l), lished, on the title page, or the page Assignments. 291 immediately following, if it be a book; or if a map, etc., by inscribing upon some visible portion thereof, or of the substance on which the same shall be mounted, the following words, viz.: 'Entered according to act of Congress, in the year , by A. B., in the office of the librarian of Congress, at Washington; ' or at his option, the word 'Copyright,' to- gether with the year the copyright was entered, and the name of the party by whom it was taken out; thus, 'Copyright, 18—, by A. B.'" By section 4956of the United States Revised Statutes, it is provided " that no person shall be entitled to a copy- right unless he shall, before publica- tion, deliver at the office of the libra- rian of Congress, or deposit in the mail addressed to the librarian of Congress at Washington, District of Columbia, a printed copy of the title of the book or other article, or a de- scription of the painting, etc., for which he desires a copyright, nor un- less he shall also, within ten days from the publication thereof, deliver at the office of the librarian of Con- gress at Washington, District of Co- lumbia, two copies of such copyright book or other article, or in case of a painting, etc., a photograph of the same." Under these provisions, to secure a copyright in a book or dramatic composition: i. The title page must be filed with the librarian of Congress; 2. The work must be published within a reasonable time thereafter; and, 3. Within ten days from the publication thereof, two copies must be mailed to the librarian. (Boucicault v. Hart, 13 Blatchf. 47.) Publication and delivery of two copies are as much a condition to the creation of a valid copyright, as is the filing of a copy of the title page. (Id.) The requirement of section I of the act of 1874, above mentioned, that the notice of entry of 'copyright to be inserted in or inscribed on copies of the work, shall contain the " name of the party" by whom it was taken out, is sufficiently complied with by giving the surname and initial of the Christian name. This fully secures the object intended by the law, which is to give notice to the public, by placing upon each copy, in some visible shape, the name of the author, the existence of a claim of exclusive right and the date at which this right was obtained. Thus the words " Copyright, 1882, by N. Sarony," are a sufficient imprint in the case of a photograph. (Burrow-Giles Litho- graphic Co. v. Sarony, in U. S. 53 ; afF'g Sarony v. Burrows-Giles Litho- graphic Co., 17 Fed. Rep. 591.) See also Dwight v. Appleton (i N. Y. Leg. Obs. 195) ; Myers v. Calla- ghan (10 Biss. 139); U. S. R. S., §4963- Copyrights shall be granted for the term of twenty-eight years from the time of recording the title thereof, as provided by section 4956, United States Revised Statutes. (U. S. R. S., §4953.) The author, etc., if he be still liv- ing and a citizen of the United States or resident therein, or his widow or children, if he be dead, may have the same exclusive right continued for the further term of fourteen years, upon recording the title of the work or description of the article so secured a second time, and complying with all other regulations in regard to original copyrights, within six months before the expira- tion of the first term. And such person shall, within two months from the date of said renewal, cause a copy of the record thereof to be 292 Forms of published in one or more news- papers, printed in the United States, for the space of four weeks. (U. S. R. S., § 4954.) As to construction of a similar statute (of 1790), see Wheaton v. Peters (8 Pet. 591). Copyrights are assignable in law, by any instrument of writing, and such assignment must be recorded in the office of the librarian of Con- gress within sixty days after its exe- cution; in default of which it shall be void as against any purchaser or mortgagee for a valuable considera- tion, without notice. (U. S. R. S., § 4955.) A contract between author and publisher, for the publication of a book, which does not purport to con- vey the copyright, need not be under seal, nor attested by witnesses. (Pulte V. Derby, 5 McLean, 328.) The transfer of an exclusive lite- rary right, for a limited locality, oper- ates, at law, as a mere license; and is ineffectual as an assignment. But, in equity, a limited local, or other partial assignment of a copyright, if made for a valuable consideration, will be carried into eifect, whether it would be effectual in lajv or not. (Keene v. Wheatley, 9 Am. Law Reg. 33.) An assignment of an existing copy- right, without words looking beyond the existing term, and without a con- sideration extending beyond that, is not to be extended by construction to pass the right to a renewal; nor does a usage among booksellers to regard the renewal as passing by such assignment, a£fect the question, unless the parties are both acquainted with the usage, or belonged to the trade. (Pierpontv. Fowle, 2Woodb. & M. 23 ) See, also, Cowen v. Banks (24 How. Pr. 72); Paige v. Banks (13 Wall. 608, aff'g 7 Blatch. 152); Roberts v. Myers (13 Law Rep. 396); Mackay v. Mallony (r2 Fed. Rep. 328); Bouci- cault v. Fox (5 Blatch. 87), as to con- struction of assignments of copyright. No. 234. Assignment of partnership property by one partner to the other, on a dissolution. Whereas, a copartnership has heretofore existed between J. D. and R. R., both of, etc., which copartnership has been known under the name of D. & R., and which it is the inten- tion of the said copartners forthwith to dissolve and deter- mine: Now, this indenture of two parts, made this day of , in the year i , by and between the said J. D. of the one part, and the said R. R. of the other part, witnesseth : First. That the copartnership aforesaid is hereby, by the mutual consent of the said parties, dissolved and determined. Second. The said J. D. doth hereby sell, transfer, assign, and set over unto the said R. R., his moiety of all the stock Assignments. 293 in trade, goods, merchandise, effects and property of every description, belonging to or owned by the said copartnership, wherever the same may be, together with all debts, choses in action, and sums of money due and owing to the said firm, from any and all persons whomsoever, to hold the same to the said R. R., and his assigns forever, in trust, for the fol- lowing purposes, namely : That the said R. R. shall sell and dispose of all the goods, property and effects belonging to the said firm, at such time and in such manner as he may deem prudent ; and shall, with reasonable diligence, collect all the debts and sums of money due and owing to the said firm ; and shall, out of the proceeds of the said sales, and with the money thus collected, pay and discharge all the debts and sums of money now due and owing from the said firm, as far as the proceeds of said sales and the sums of money collected will go ; and, after fully satisfying all de- mands against the said firm, if there be any surplus, shall pay over one moiety thereof to the said J. D., or his assigns. Third. The said J. D. doth hereby constitute and appoint the said R. R., his attorney irrevocable, in his the said R. R's own name, or in the name of the said firm, to demand, col- lect, sue fir and receive any and all debts and sums of money due and owing to the said firm ; to institute and prosecute any suits for the recovery of the said debts, or to compound the same, as he may judge most expedient ; to defend any and all suits against the said firm ; to execute all such paper writings and acquittances as may be necessary ; and generally to do all such acts and things as may be necessary or proper for the full and complete settlement of all business and con- cerns of the said copartnership. Fourth. The said R. R., for himself and his heirs, execu- tors and administrators, hereby covenants to and with the said J. D. and his assigns, that he will sell and dispose of all the partnership property and effects to the best advantage ; that he will use his best diligence and endeavors to collect all debts and sums of money due and owing to the said firm ; and that he will truly and faithfully apply the proceeds of said sale, and the moneys collected, to the payment, dis- charge and satisfaction of all debts and demands against the 294 Forms of said firm, as far as the same will go ; and, after discharging;- all such debts, will pay over to the said J. D., or his assigns, one moiety of any surplus that may remain ; and further, that he will keep full and accurate accounts of all moneys re- ceived by him for goods sold, or debts collected, as well as of moneys paid out ; and will render a just, true and full ac- count therefor to the said J. D., or his assigns. Fifth. The said J. D., for himself, his, etc., covenants with the said R. R., his, etc., that upon settlement of ac- counts, if it shall be found that the debts due and owing from the said firm exceed the amount of moneys received from the sales of the said goods, and the debts collected, he will pay unto the said R. R., or his assigns, one moiety of any balance that may then be due and owing from the said firm. In witness, etc. (as in form No. 163). J. D. [L. S.J R. R. [L. s.] Sealed and delivered in presence of A. F. (Acknowledgment or proof by both parties, as in forms Nos. 6, etc.) No. 235. Assignment by partners of debts owing to them jointly. This indenture, made, etc., between A. B., etc., of the one part, and C. D., etc., of the other part : Whereas, the said parties were lately copartners in the trade of , which partnership is determined and dissolved ; and whereas, sev- eral debts owing to the said parties on account of their late partnership are still standing out and unreceived, which are mentioned in two schedules hereon indorsed ; and they have agreed to divide the same in manner as hereunder is men- tioned, viz. : The said A. B. is to have and receive the debts mentioned in the first schedule hereon indorsed, to his own use ; and the said C. D. is to have and receive the debts men- tioned in the second schedule hereon indorsed : Now, therefore, these presents witness, that in pursuance of the said agreement, and in consideration of one dollar in Assignments. 295 hand paid to the said A. B. by the said C. D., he, the said A. B., doth hereby fully and absolutely assign and release unto the said C. D., his, etc., to his and their own proper use and uses, without any account to be made or given for and concern- ing the same, all his right, title, claim, interest, part, share, benefit and demand whatsoever, of, in and to the several de- mands and sums of money due and owing to the said parties on the joint account as aforesaid, mentioned in the said sec- ond schedule, hereon indorsed by virtue of the said copart- nership or otherwise howsoever : And the said A. B. doth hereby make and appoint the said C. D. his, etc. (letter of attorney), to receive the said debts mentioned in the said schedule, to his and their own use and uses as aforesaid, from the several persons therein mentioned, and all others whom it may concern, and upon receipt, etc. And these presents further witness, that in pursuance of the agreement aforesaid and in consideration of one dollar to the said C. D. in hand paid by the said A. B., etc. (C. D. in like manner assigns to A. B. the debts mentioned in the first schedule, and em, powers him to receive the same, etc.) And each of them, the said A. B. and C. D., for himself, his executors, etc., doth hereby covenant, etc., to and with the other of them, his exec- utors, etc., as follows, that is to say, that neither of them, the said A. B. nor C. D., hath at any time before received, released or discharged the debts hereinbefore assigned, and released to the other of them, nor any of them, nor any part thereof ; and that neither of them, his executors, etc., will at any time hereafter receive, etc., the debts, by them respect- ively assigned to the other of them, or any part thereof, or commence any action, suit or process for the recovery and receiving thereof, but at the request and with the consent in writing for that purpose, under the hand and seal of the other of them, his executors, etc. And that either of them, his executors, etc., shall and will at the request and charge of the other of them, his, etc., do any further act for the better and more perfect assigning, releasing and confirming the debts hereinbefore assigned by them respectively unto the other of them, his, etc., and for the enabling him and them to receive and recover the same to his and their own use and 296 Forms of uses as aforesaid, as shall be reasonably required. And lastly, that in case it shall appear that either of the said parties hath received any of the debts hereinbefore assigned to the other of them, or any part thereof, in such case, such of the said parties who shall so have received the same, his execu- tors, etc., shall and will pay and make good the full debts, so by him received or discharged, to the other of them, his executors, etc., within one month after notice thereof, to him or them to be made or given. In witness, etc. (as in form No. 163). A. B. [L. S.J C. D. [L. s.] (Acknowledgment or proof, as in forms Nos. 6, etc.) No. 236. Asaignment of bond, or other instrument for the payment of money. Whereas, A. B., of, etc., in and by one bond or obligation, bearing date on the day of , i , became bound to C. D., of, etc., in the penal sum of dollars, conditioned for the payment of dollars and interest, at a day since past (or, otherwise describe instrument assigned), as by the said (bond and condition thereof) may appear. And whereas, there now remains due to the said C. D., for principal and interest on the said (bond), the sum of dollars: Now know all men by these presents, that the said C. D., for and in consideration of the said sum of to him in hand paid by E. F. of , the receipt whereof the said C. D. doth hereby acknowledge, he, the said C. D., hath assigned and set over, and by these presents doth assign and set over unto the said E. F. the said recited (bond or obligation), and the moneys thereupon due and owing ; and all his right and in- terest of, in, and to the same. And the said C. D., for the consideration aforesaid, hath made, ordained, constituted and appointed, and by these presents doth make, etc., the said E. F., his executors and administrators, his true and lawful attor- ney and attorneys, irrevocable, for him and in his name, and in the name and names of his executors and administrators, but Assignments. 297 for the sole and proper use and benefit of the said E. F., his executore, administrators and assigns, to ask, require, de- mand and receive of the said A. B., his heirs, executors and administrators, the money dute and to become due on the said (bond), and on non-payment thereof, to sue for, recover and receive the same. And on payment thereof, to dehver up and cancel the said (bond), and give sufficient releases and discharges thereof, and one or more attorney or attor- neys under him to constitute ; and whatsoever the said E. F., or his attorney or attorneys, shall lawfully do in the premises, the said C. D. doth hereby allow and confirm. And the said C. D. doth covenant with the said E. F. that he, the said C. D., hath not received, nor will receive, the said moneys due on the said (bond), nor any part thereof, neither shall or will release or discharge the same, or any part thereof, but will own and allow of all lawful proceed- ings for recovery thereof,, he, the said E. F., saving the said C. D. harmless, of and from any costs that may happen to him thereby. In witness whereof, etc. (as in. form No. 30). C. D. [L. S.] Sealed and delivered in presence of E. F. (Acknowledgment by C. D., or proof by E. F., as in forms Nos. 6, etc.) No. 237. Assignment of a bond or other instrument indorsed thereon. Know all men by these presents, that I, the within-named A. B., in consideration of the sum of dollars, to me in hand paid by C. D., the receipt whereof I do hereby ac- knowledge, have bargained, sold and assigned, and by these presents do bargain, sell and assign, to the said C. D., his executors, administrators and assigns, the within written obligation or bond (or, name other instrument) (and condi- tion), and all sum and sums of money due and to grow due on the same. And I do covenant with the said C. D. that there is now due on the said obligation or bond (etc.), (ac- 38 298 Forms of cording to the condition thereof) for principal and interest, the sum of dollars, and I do authorize the said C. D., in my name, to demand, sue for, recover, receive, and enjoy the moneys due and to become due as aforesaid. A. B. [L. s.] Sealed and delivered in presence of E. F. (Acknowledgment by A. B., or proof by E. F., as in forms Nos. 6, etc.) No. 238. . Assignment of a mortgage. Know all men by these presents. Whereas, A. B. of, etc., on the day of , i , by his deed of mortgage of that date, for the consideration of dollars, did grant, bargain, sell and convey unto me, C. D., of , my heirs and assigns, all and singular the premises described as fol- lows : (Here describe same.) To have and to hold the same, to me, the said C. D., my heirs and assigns forever, upon condition (here recite the conditions) : Now, therefore, I, the said C. D., in consideration of the sum of dollars to me in hand paid, before the ensealing hereof, by W. S., of, etc., do by these presents, grant, bargain, sell, transfer, assign and make over unto the said W. S., his heirs and assigns forever, the said above-described premises, to have and to hold the same to him, the said W. S., his heirs and assigns forever, as fully, and in as ample a manner, as I, the said C. D., my heirs or assigns, might hold and enjoy the same by virtue of the mortgage deed aforesaid and not other- wise. And I do, for myself, my heirs, executors and admin- istrators, hereby authorize and empower the said W. S., his heirs, executors and administrators, to receive to his and their own use, the sum or sums mentioned in the condition of said deed, whenever the same shall be tendered, or paid to him or them, by the said A. B., his heirs, executors or adminis- trators, agreeably thereto, and to discharge the said mortgage, or to take and pursue such other steps and means for the recovery of the said sum or sums, with the interest, by sale of the said mortgaged premises, or otherwise, as by law is Assignments. 299 provided, as fully to all intents and purposes, as I, the said C. D., my heirs, executors or administrators, might or could do in the premises.^ And I do, for myself, my heirs, execu- tors and administrators, covenant with the said W. S., his heirs and assigns, that I have good right to assign the said premises as aforesaid, and that he, the said W. S., shall and may have, hold, occupy, possess and enjoy the same (sub- ject, however, to the right of redemption, as by law in such cases provided), against the lawful claim of all persons. In witness, etc. (as in form No. 30).^ Sealed and delivered in presence of E. F. C. D. [L. S.] (Acknowledgment by A. B., or proof by E. F., as in forms Nos. 6, etc.) 1. The Revised Statutes of the State of New York (Art. 3, Title 2 of Chap. I of Part i,§ 133), provide that virhere a power to sell lands shall be given to the grantee, in any mortgage or other conveyance intended to secure the payment of money, the power shall be deemed a part of the security, and shall vest in, and may be exe- cuted by any person, who, by assign- ment or otherwise, shall become en- titled to the money so secured to be paid, (i N. Y. R. S. 737; 7th ed. 2194.) 2. By section 139 of article 4 of same title, no mortgage shall be con- strued as implying a covenant for the payment of the sum intended to be secured ; and where there shall be no express covenant for such payment contained in |^the mortgage, and no bond or other separate instrument to secure such payment shall have been given, the remedies of the mortgagee shall be confined to the lands men- tioned in the mortgage. (Id. 738; 7th ed. 2195.) The assignment of a mortgage given without bond or other extrinsic writ- ten evidence of the debt secured, and containing no express covenant to pay, transfers to the.assignee all the mortgagee's claim under the mort- gage, viz.: His remedy against the land. (Severance v. Griffith, 2 Lans. 38.) See, also, notes to form No. 239, and see Gaylord v. Knapp (15 Hun, 87); Caryl v. Williams (7 Lans. 416); Mack V. Austin (29 Hun, 534; aflF'd, S. C, 95 N. Y. 513); Spencer v. Spen- cer (95 N. Y. 353). Although it seems (see Cooper v. Newland, 17 Abb. 342; Merritt v. Bartholick, 47 Barb. 256; S. C. afFd, 36 N. Y. 44) that an assignment of a mortgage alone without the bond ac- companying it is a nullity, yet, where the bond was, in fact, transferred with the mortgage, although not mentioned in the written assignment, and was actually delivered with the mortgage and assignment, the trans- fer is valid, and the registry of such assignment is sufficient notice of the fact. (Yates County National Bank V. Baldwin, 43 Hun, 136.) 3CX) Forms of No. 239. ABsignment of mortgage, another form. For and in consideration of the sum of dollars, to me paid, I, O. P., of the (town) of , etc., do hereby grant, bargain, sell, assign and set over unto C. D., of, etc., a cer- tain indenture of mortgage, executed by A. B., and M., his wife, of the (town) of , in the county of , bearing date the day of , i , to the said O. P., on cer- tain lands in the town aforesaid, together with the bond therein referred to,^ and which said mortgage is recorded in Book of Mortgages No. — — ■, on pages , etc., in the of. fice of the (clerk) of the county of , to have and to hold the said bond and mortgage, and the debt thereby secured (and all the interest conveyed by the mortgage in and to the lands therein described)^ to the said C. D, his heirs, executors, administrators and assigns forever, for his and their use and benefit. And I do hereby covenant to and with the said C. D., that the sum actually due on the said bond and mort- gage amounts, principal and interest, to dollars, and that I have good right to assign the same. And the said C. D. is hereby authorized to receive and enforce the payment of the said money by all lawful ways and means, in law or equity ; but this assignment is made in all respects, except as above stated, at the risk of the said C. D., and the debt is to be collected at his expense and not mine. In witness whereof, I have hereunto set my hand and seal, this day of , in the year .' O. P. [L. S.] Sealed and delivered in presence of G. H. (Acknowledgment by O. P., or proof by G. H., as in forms Nos. 6, etc.) 1. See Yates Co. Nat. Bank v. or pledge of the land covered by it, Baldwin (43 Hun, 136), cited in note for the money borrowed or owing, 2 to form No. 238. and referred to in it, and that the 2. The law is well settled in New mortgagor remains the owner of the York State, that a mortgage, both at estate mortgaged, and may maintain law and in equity, is a mere security trespass as against even the mort- Assignments. 301 gagee. The mortgagee has but achat- It is not usual, therefore, in that tel interest. (Kortright V. Cady, 21 N. State, to insert in assignments of Y. 343, 347; Runyan v. Mersereau, il bonds and mortgages any conveyance Johns. 534; Odell v. Montross, 68 of the interest of the mortgagee in the N, Y, 499, 503.) premises mortgaged. The assignment of the debt draws 3. A mortgage may be assigned the land after it, as n consequence, by mere delivery, without writing, the debt being considered the princi- (Runyan v. IWersereau, 11 Johns. 534.) pal and the land as an incident only. See, also, notes to form No. 238, (Runyan v. Mersereau, supra.) No. 240. Assignment of bond and mortgage, with covenants of amount due and of payment or collection. This instrument, made this day of , i , be- tween A. B., of etc., of the first part, and C. D., of, etc., of the second part, witnesseth : That the party of the first part, for a good and valuable consideration (or, for and in considera- tion of the sum of dollars), to him in hand paid by the said party of the second part, hath sold, assigned, transferred and conveyed, and doth hereby sell, assign, transfer and con- vey to the said party of the second part, a certain mortgage, bearing date the — — day of , l , made by E. F. (and M. F., his wife), of, etc., to said A. B., (or to I. J.), to secure the payment of the sum of dollars, payable in years from the date thereof, with interest thereupon, at the rate of per centum per annum, payable semi-annually, which said mortgage was (assigned to said A. B. by said I, J., by instrument in writing dated , i , and recorded in county clerk's office, on the day of , I , in Book No. of Mortgages, at page , and was) re- corded in the clerk's office of county, in Liber of Mortgages, at page , on the day of , i , at o'clock, M., together with the bond accompanying said mortgage, and therein referred to, and all sums of money due and to grow due thereon. (And the said party of the first part hereby covenants that there is secured to be paid by and (due and) unpaid on said bond and mortgage the sum of dollars, with interest thereupon from , i , at the date of this assignment, and hereby, in consideration as 302 Forms of aforesaid, guarantees the payment (or, the collection) of said bond and mortgage, and all moneys due (and to fall due) thereupon). And the said party of the first part hereby appoints and constitutes said party of the second part his true and lawful attorney, irrevocable, in the name of said party of the first part or otherwise, but at his own proper costs and charges, to have, use and take all lawful ways and means for the re- covery of the said money and interest, and in case of pay- ment, to discharge the same as fully as said party of the first part might or could do, if these presents were not made. In witness whereof, the party of the first part has hereunto set his hand and seal the day and year first above written.' In presence of L. M. A. B. [L. S.J (Acknowledgment or proof as in forms Nos. 6, etc.) I. A guaranty indorsed upon a bond, "of the collection of within amount as it becomes due," is not equivalent to a guaranty of payment. Mere non-payment is not sufficient to give the guarantee a right of ac- tion against the guarantor. He is bound to talie proper measures to collect the debt within a reasonable time. (Craig v. Parkis, 40 N. Y. 181.) The absolute guarantor of payment of a debt is liable, collaterally, upon notice being given him of the failure of the principal to pay. (Bank of N. y. V. Livingston, a Johns. Cas. 409:) A guaranty of punctual payment of interest on a bond expressed to be payable after a term of years, with interest meanwhile, is a guaranty only of the interest accruing before the principal became due. (Hamil- ton V. Van Rensselaer, 43 N. Y. 244; Melick V. Knox, 44 id. 677.) Defendants assigned a bond and mortgage to N. ; the assignment con- tained a guaranty of the payment of the mortgage to N. Held, that this guaranty was not personal, and could be assigned with the bond and mort- gage. (Stillmanv. Northrup, 109 N. V. 473-) Also held, that the guaranty was not inoperative, because, by its terms, it was for payment of the mortgage, not the bond; that the intent was to . guarantee the debt secured by the mortgage. (Id.) N. executed an assignment of the bond and mortgage, which did not expressly assign the guaranty; he subsequently executed another, in- cluding the guaranty. Held, that this was sufficient to vest the guaranty in the assignee. (Id.) It seems, an assignment of a bond and mortgage carries with it a guar- anty of payment or collection, al- though not mentioned in the assign- ment. (Id.) See, also, notes to forms Nos, 238 and 239. Assignments. 303 No. 241. Assignmeut of a bond and mortgage as collateral security for a debt. This indenture, made the day of , in the year I , between C. P. of the (town) of , in the county of , of the one part, and C. D. of (the same place), of the oth^r part, witnesseth : That the said C. P., for and in con- sideration of the sum of dollars, to him in hand paid by the said C. D., hath granted, bargained, sold, assigned and set over unto the said C. D., a certain indenture of mortgage, executed by A. B. (and M., his wife), of the (town) of , in the county of , to the said C. P., bearing date the day of , in the year i , on certain lands in the (town) aforesaid, together with the bond therein referred to, and which said mortgage is recorded in Book of Mortgages No. , on pages , in the office of the (clerk) of the county of , to have and to hold the said bond and mortgage, and the debt thereby secured (and all the title and interest 'conveyed by the said mortgage in the lands and premises therein described), to the said C. D., his heirs, executors, ad- ministrators and assigns, forever.^ But this indenture is, nevertheless, made upon this express condition, that if the said C. P., his heirs, executors or ad- ministrators, shall well and truly pay, or cause to be paid, unto the said C. D., his heirs, executors, administrators or assigns [the sum of dollars, on or before the day of , in the year i , with interest from the date of this indenture], this indenture shall be void and of no effect ; this indenture being made for the purpose of securing the payment of [the said sum of dollars, with interest as aforesaid], and for no other purpose whatever. And in case the said C. D., his heirs, executors, administrators or assigns, shall collect and receive the money due on the said mort- gage hereby assigned, he shall after retaining the said [sum of dollars, with the interest thereon], and his reason- able costs and charges in that behalf expended, pay the surplus, if any, to the said C. P., his executors, administrators or assigns. 304 Forms of In witness whereof, the said parties have hereto respect- ively set their hands and seals, the day and year first above written.^ C. P. [L. S.] C. D. [L. s.] Sealed and delivered in presence of E. F. (Acknowledgment or proof as in forms Nos. 6, etc.^ 1. See note 2 to form No. 239. to the right of the assignor to redeem 2. See notes to forms No. 238, 239, by payment of the debt, and upon 240. such payment he is entitled to the Where the mortgage of a third per- land. (Matter of Gilbert, 104 N. Y. son has been assigned by the mort- 200, distinguishing Bloomer v. Stur- gagee as collateral for his own debt, ges, 88 id. 168, as a case in which the foreclosure of the mortgage and the assignee was made a defendant, purchase at the foreclosure sale by the and his equity as well as that of the assignee of the mortgaged premises, mortgagor extinguished by the sale.) as against the assignor, where the See, also, Hoyt v. Martense (16 N. latter is not made a party to the fore- Y. 231); Dalton v. Smith (86 id. 176), closure and his equitable right fore- and the cases there cited further as closed, simply substitutes the land to the rights of the parties to an as- for the mortgage, and the assignee signment of a mortgage as collateral holds it as a security merely, subject security for the payment of a debt. No. 242. Assignment of a demand, as collateral security for an indorse- ment. Whereas, A. B., of, etc., heretofore became at my redjuest and for my accommodation and benefit, the indorser upon a certain promissor}' note, etc., dated i , made by me for the sum of dollars (and interest thereupon), payable (one month) from date (or, on demand), to the order of said A. B.: Now, therefore, I do hereby assign and transfer to said A. B., a certain (describing demand assigned), this assign- ment being made in order to secure the said A. B. against any and all loss or damage which may be incurred or sus- tained by him, by reason of his said indorsement of said note, etc., and the payment of which said promissory note, etc., will render this assignment void, otherwise the same is to remain in full force and virtue . Witness my hand (and seal) this day of, , i • G. H. (Acknowledgment or proof as in forms Nos. 6, etc.) Assignments. 305 No. 243. Assignment of a demand, as collateral security for a promis- sory note, etc. Whereas, I, A. B., have executed, for value received, a cer- tain promissory, note, dated this day, payable ( days) after date (or, on demand), at, etc., for dollars (with interest), to the order of C. D. (or, otherwise describing the obligation): Now, therefore, in order to secure the payment of said (note), when the same shall become due and payable, I do hereby transfer and assign to said C. D., a certain (describe demand), as collateral security for such payment upon the condition that a payment of said note, according to the terms thereof, shall render this assignment void, otherwise the same is to remain in full force and virtue. A. B. In presence of G. H. (Acknowledgment, etc., as in forms Nos. 6, etc.) No, 244'. Assignment of a judgment. This indenture, made this day of , in the year I , between A. B. of , of the one part, and C. D. of , of the other part. Whereas, the said A. B. did on the day of , I , recover a judgment in the [Supreme Court of the State of 1, against E. F. of for dollars and cents, damages and costs (as by the record thereof, now remaining in the county clerk's office of the county of , may appear) •} Now, this indenture witnesseth, that for and in considera- tion of the sum of dollars of lawful money of the United States, to him, the said A. B., in hand well and truly paid by the said C. D., at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, he, the said A. B., hath granted, bargained, sold, assigned, trans- 39 3o6 Forms of ferred and set over unto the said C. D., his executors, admin- istrators and assigns, the said judgment so recovered as aforesaid, against the said E. F., and all the benefit and ad- vantage, sum and sums of money that may be had, obtained or gotten by reason or means of the said judgment, or any proceedings to be had thereupon. And the said party of the first part doth hereby constitute and appoint the said party of the second _,part, and his as- signs, his true and lawful attorney and attorneys, irrevoca- ble,^ with power of substitution and revocation, for the use and at the proper costs and charges of the said party of the second part, to ask, demand and receive and to sue out exe- cutions and take all lawful ways for the recovery of the money due or to become due on the said judgment ; and on payment to acknowledge satisfaction, or discharge the same ; and attorneys one or more under him or them, for the pur- pose aforesaid, to make and substitute, and at pleasure to revoke ; hereby ratifying and confirming all that his or their said attorney or attorneys or substitute shall lawfully do in the premises. And the said, party of the first part doth hereby covenant that there is now due upon the said judgment the sum of dollars, and that he will not collect or receive the sarrie or any part thereof, nor release or discharge the said judg- ment, but will own and allow all lawful proceedings thereon, the said party of the second part saving the said party of the first part harmless of and from any costs and charges in the premises. In witness whereof, the party of the first part has here- unto set his hand and seal the day and year first above written. A. B. [L. S.J Sealed and delivered in presence of G. H. (Acknowledgment or proof as in forms Nos. 6, etc.) 1. These words in brackets may revocable " in a power of attorney, see be inserted or not according to cir- Napier v. McLeod (g Wend. 120) ; cumstances. Raymond v. Squire (11 Johns. 47); 2. As to the force of the word " ir- Hilton v. Vanderbilt (82 N. Y. 595). Assignments 307 No. 245. Assignment of judgment, short form. {Title of cause.) Judgment for $ damages and $ costs, docketed in county, , i , in favor of the plaintiff (or, de- fendant). (*) In consideration of dollars to me paid, I, J. D., do hereby assign and transfer to J. P. the judgment above men- tioned, for his use and benefit ; hereby authorizing him to collect and enforce payment thereof in my name or other, wise [and covenanting that the sum of dollars with the -interest thereon from the day of in the year i is due thereon.] But this assignment is made and taken in all (other)^ respects at the risk of the said J. P., who is to collect the same at his own expense, and not to subject the said J. D.to the payment of any costs or expenses whatever. In witness whereof, I have hereunto set my hand this ro rata to the amount of each such claim.* Second. The following debts owing by the said A. B., and which are hereby designated as class second, viz.: To E. F. & Co. of (the city of New York), the amount of a promissory note of said A. B., held by them, dated, etc., for dollars (and interest thereupon from , i ), Assignments for Creditors. 323 also the amount of a promissory note held by the bank of , dated, etc., made by the said A. B., and indorsed by G. H., for the sum of dollars (and interest thereupon from , I ) ; also, etc. (describing each debt intended to be put in this class). If there is not sufficient of the said fund for the payment of all the debts set forth in the said class second, then the said C. D. shall distribute the same amongst the creditors of the said A. B. therein named, pro rata, or in proportion to their said respective demands. Third. After the payment of all the debts set forth in class second, the rest and residue of the said fund, if any there be, shall be used and applied by the said C. D. for and toward the payment of the following debts owing by the said A. B., and which are hereby designated as class third, and which the said C. D. shall pay and discharge, or as far as the said fund will go for that purpose, in the following ■order and manner, viz.: No. I. A debt owing by the said A. B. to, etc. (state amount, etc., as in class second). No. 2. (The like.) No. 3. (The like.) (State in like manner each debt intended to be put in this ■class.) It is intended that the said debts hereby set forth in class third shall be paid in full, if there is sufficient of the said fund for that purpose ; but if there shall not be sufficient for the payment of the whole, then the said C. D. shall use and apply the said fund, or as far as the same shall extend, to the payment and discharge of such debts, in the order in which they are above placed and numbered ; and no part of the said fund shall be applied to the payment of any part of either of such debts except the first, until that which imme- diately precedes it in the above order and arrangement sh all have been paid in full. [The provisions above made and designated as " second " and " third," relating to preferences under this assignment, are also hereby expressly declared to be intended to be sub- ject to the provisions of chapter 503 of the Laws of New 324 Forms of York of 1887, entitled "An act, etc. (giving title of that chapter), passed June 2, 1886, to-wit : That such preferences shall not be effectual, except to the amount of one-third in value of the estate hereby assigned, left after deducting the wages and salaries, the payment of which is above provided for, and the costs and expenses of executing this trust : and that should said one-third of the assets of said A. B. be in- sufficient to pay, in full, the said preferred claims, then the said assets shall be applied to the payment of the same pro rata to the amount of each such preferred claim, in the order and manner above provided, and the provisions above made in regard to the preference of claims are to be carried out only to the extent to which the same can be legally carried out under such statutory provisions.]^ Fourth. After the payment of all the debts embraced in class third, as aforesaid, the rest and residue of the said fund, if any there shall be, shall be used and applied by the said C. D. for and toward the payment of all the other debts owing by the said A. B. And after the payment of all the costs, charges and expenses attending the execution of the said trust, and the payment and discharge in full of all the lawful debts owing by the said A. B., of any and every kind and description, if any part of the said fund shall remain in the hands or control of the said C. D., he shall return the same to the said A. B., his executors, administrators or as- signs.^ [The schedule hereunto annexed, marked A, is intended to contain a just and true statement of all the real estate, chattels real, and personal property belonging to the said A. B., and of all the debts owing to him, whether due or not due at the date of this instrument.]'' [If any dispute or misunderstanding shall at any time arise or exist respecting the title to any of the property hereby conveyed or transferred to the said C. D., or respecting the debts owing by the said A. B., the said C. D. is authorized, in his discretion, to submit the same to, and have the same determined by arbitrators or referees ; and he is also author- ized to compound and liquidate any of the said debts owing to the said A. B., which he may deem bad or doubtful for Assignments for Creditors. 325 such proportion thereof, and upon such terms as he may deem proper and most for the interest of the said creditors of the said A. B.]^ And the said party of the second part doth hereby assent to and accept the said assignment and the trusts hereby created and reposed in him. In witness whereof, the parties to these presents have hereunto set their hands and seals the day and year first above written.® A. B. [L. S.] C. D, [L. s.] Sealed and delivered in presence of E. F. (Acknowledgment as in forms Nos. 89, etc.)"* I, J. W., the assignee mentioned in the foregoing assign- ment, do hereby assent to and accept the said assignment, and the trusts created and reposed in me thereby. In witness whereof, I have hereunto set my hand and seal, this day of , i ." C. D. [L. S.J Sealed and delivered in presence of G. H. (Acknowledgment as above.) 1. The words "his heirs, executors, convert the property into money, etc., administrators and assigns," follow- in eifect authorized the assignees " to ing the name of the assignee in this discharge their duties whenever it clause of the assignment, have been should suit their pleasure and con- held to be used to describe the venience," and, therefore, rendered quality of the estate conveyed and the assignment void. That the cred- not the class of persons taking it, itors were entitled to have the assets and consequently not to render the as- converted into money, and their debts signment fraudulent or void. (Flag- paid without any unnecessary delay, ler v. Schoeffel, 40 Hun, 178 ; Hess (Woodburn v. Mosher, g Barb. 255.) V. Blakeslee, 2 N. Y. State Rep. 309.) And this ruling was sustained by 2. It was held by the New York Murphy v. Bell (8 How. Pr. 468). Supreme Court at Special Term that a But in the case of Benedict v. clause in an assignment of all the as- Huntington_ (32 N. Y. 219), it was signer's property for the payment of said that the construction given to hisdebts.whichrequiredtheassignees the assignments in those cases had forthwith to take possession of the been overruled by the later cases, premises "and within convenient and that these cases were not au- time as to them shall seem meet." to thority upon the questions of con- 326 Forms of struction arising from the terms of those assignments, and an assign- ment authorizing the assignee to forthwith take possession of all the assigned property and " within such convenient time as to him might seem meet, by public or private sale, for the best price that could be procured, to convert all and singular the said premises, property and estate into money, etc.,'' was valid. See further that case and the cases therein cited and referred to as to the principles governing the construction of assign- ments, and particularly as to the pro- visions from which a power to sell on credit may be implied; and see also Rapalee v. Stewart (27 N. Y. 310) ; Jacob v. Remsen (36 id. 668) ; Coyne v. Weaver (84 id. 386). An assignment by insolvent debt- ors, of their property, to trustees for the benefit of their creditors, author- izing the trustees to sell the assigned property upon credit, is fraudulent and void as against the creditors of the assignors. (Nicholson v. Leavitt, 6 N. Y. 510.) 3. The law has fixed the compen- sation which the assignee shall re- ceive under a general assignment for creditors. That is the extent to which it has been deemed proper or judicious to allow the assigned estate to be charged, and the assignor has no authority to charge it further for payment of compensation to the as- signee to the prejudice of his cred- itors. Held^ accordingly, that an agreement between the assignee and assignor, by which he was to receive a certain fixed sum, which was in ex- cess of commissions to which he would be entitled, as compensation in case the assignor should com- pound with his creditors, or the as- signment should be attacked by creditors and set aside, was void, and such compensation could not be al- lowed upon the assignee's account- ing, the assignment having been set aside as fraudulent. (Boegler v. Epp- ley, 40 Hun, 523, following decision in Matter of Hurlbut, 89 N. Y. 259.) If the assignee is entitled to any thing beyond his legal commission, he must, it seems, look to the as- signor individually for the diflFerence. (Id.) See also Keteltas v. Wilson (3& Barb. 298 ; S. C, 23 How. Pr. 6g) ; Halstead v. Gordon (34 Barb. 422) ;, Campbell v. Wood worth (33 id. 425;. aflF'd, S. C, 24 N. Y. 304). Section 26 of chapter 466 of Laws of New York of 1877, as amended by chapter 318 of Laws of 1878, provides that the assignee or assignees named in any assignment shall receive for his or their services a commission of five per centum on the whole sum which will have come into his or their hands. (Laws of N. Y. of 1878, p. 410; R. S., 7th ed., 2281.) It was held in Matter of Shaw (18 Hun, 195), that under a general as- signment made before the above amendment was passed, providing that the assignees were " to pay and discharge all the just and reasonable expenses,costs and charges of execut- ing this assignment and of carrying into effect the trust hereby created, to- gether with a reasonable commission or compensation to the assignees for their own services in executing the said trust; " that the assignees were only entitled to receive the same com- missions as are by law allowed to executors and administrators. Commissions of an assignee will not be allowed where creditors' suits have been commenced, to have the assignment adjudged fraudulent, (Dexter V. Adler, i N. Y. Supp. 684.) See, also, Matter of Bassford (13 Daly, 22); Matter of Rauth (10 id. 52); Matter of Wolf (i N. Y. State Rep. 273); Hynes v. Campbell (39 id. 874; S. C, 15 N. Y. Supp. 506). Assignments for Creditors. 327 4. It is provided by chapter 283 of the Laws of New York of 1886, amending section 29 of chapter 466 of Laws of 1877, as previously amended by chapter 328 of the Laws of 1884, that in all distributions of assets under all assignments, made in pursuance of the act, the wages or salaries actually owing to the em- ployees of the assignor or assignors at the time of the execution of the as- signment shall be preferred before any other debt; and should the assets of the assignor or assignors not be sufficient to pay in full all the claims preferred, pursuant to that section, they shall be applied to the payment of the same pro rata to the amount of each such claim. (Laws of N. Y. of 1886, p. 461.) The instrument of assignment it- self, made pursuant to the act, is not, however, rendered void by the omis- sion to insert therein a clause giving such preference, but the instrument is to be read in connection with the statute, as if the said provision formed part of it; and so, the statu- tory preference is impressed upon the trust fund in the hands of the as- signees. (Richardson v. Thurber, 104 N. Y. 606.) A statute imposing such a prefer- ence upon a voluntary assignment is not unconstitutional. The legisla- ture may permit it to be made only on the expressed conditions, and the assignor, by the act of making the as- signment, accepts the conditions. (Id.) See, also, Johnston v. Kelly (43 Hun, 379); Matter of Heath (46 id. 114); Smith v. Hartwell (i N. Y. State Rep, 241; aff'd, S. C, 28 Week. Dig. 239; 55 N. Y. Super. Ct. 325), as to the construction of this provis- ion of the statute. 5. A schedule containing the names of preferred creditors, referred to in a general assignment for the bene- fit of creditors, was not, at the time the assignment was executed, an- nexed to the assignment, was not ac- knowledged by the assignor or as- signee, and was not filed with the county clerk until three days after the filing of the assignment. Seld, that the assignment did not comply with the statutes relating to general assignments, and was properly set aside. (Franey v. Smith, 47 Hun, 119.) Under the Voluntary Assignment Act of the State of Illinois which de- clares that all preferences in any as- signment thereafter made shall be void, when an insolvent debtor, re- alizing that he can no longer continue business, determines to yield the do- minion of all his property, and exe- cutes, in pursuance of that purpose, in favor of certain of his creditors who understand his purpose, con- fessions of judgment, conveyances, bills of sale, etc., at short intervals, and as parts of one transaction, such instruments constitute an assign- ment, within the meaning of the statute, and the preferences are void. But the creditors thus attempted to be preferred are entitled to share pro rata with the other creditors. (White V. Cotzhouzen [U. S. Sup. Ct., Jan., 1889], 39 Alb. L. J. 270.) By chapter 503 of the Laws of New York of- 1887, section 30 was added to chapter 466 of the Laws of 1877, providing as follows : " In all general assignments of the estates of debtors for the benefit of creditors hereafter made, any preference cre- ated therein (other than for the wages or salaries of employees under chap- ter three hundred and twenty-eight of the Laws of eighteen hundred and eighty-four, and chapter two hundred 328 Forms of and eighty-three of the Laws of eigh- teen hundred and eighty-six) shall not be valid except to the amount of one-third in value of the assigned es- tate left after deducting such wages and salaries, and the costs and ex- penses t)f executing such trust ; and should said one-third of the assets of the assignor or assignors be in- sufficient to pay in full the preferred claims to which, under the provisions of this section, the same are appli- cable, then said assets shall be ap- plied to the payment of the same pro rata to the amount of each said pre- ferred claims." (Laws of N. Y. of 1887, p. 634.) The provision above referred to, that if one-third of an estate assigned for the benefit of creditors shall be insufficient to pay all of the preferred claims, such third shall be applied to their payment pro rata, refers only to claims preferred equally, and in the same class. It does not prevent giv- ing a preference to certain claims preferred in a primary class, over certain other claims preferred in a secondary class. (N. Y. Com. Pleas, 1891, Matter of Boyd, 35 N. Y. State Rep. 37; S. C, 12 N. Y. Supp. 284.) The efiFect of the above statute of 1887 was simply to limit the amount which should be applied to the pay- ment of preferred claims, and an as- signor still has the power to designate the manner in which that amount shall be applied. (Matter of Sisson, 59 Hun, 330, 335; S. C, 36 N. Y. State Rep. 290; 12 N. Y. Supp. 820; Matter of Eaton, 59 Hun, 84; aff d without opinion, J26 N. Y. 655.) The provision is not confined to preferences in the assignment itself, but applies to those created by a separate instrument in contemplation of the assignment; it includes all in- strumeHtalities which the insolvent debtor, in contemplation of a general assignment, voluntarily employs to give a preference, and, it seems, the want of knowledge on the part of a creditor so preferred, that an assign- ment was contemplated, will not avail to validate the preference. (Berger v. Varrelman, 127 N. Y. 281.) But while it seems that if the cred- itor accepts the security with knowl- edge that the debtor intends to make an assignment, and that the secu- rity was executed in contemplation thereof, and that it will result in a violation of the provisions of the act of 1887, the security will be void; yet, held, that if the creditor accepts it in ignorance of any such existing intent on the part of the debtor, the provision does not apply, and the se- curity is not rendered invalid by the fact that the debtor does thereafter execute an assignment. (Manning V. Beck, 129 N. Y. i, distinguishing Berger v. Varrelman, supra.) See, also, as to preferences. White v. Cotzhouzen (39 Alb. L. J. 279; S. C, 129 U. S. 281), above cited, and other cases cited in note 4 to this form. 6. A provision in a general assign- ment for the benefit of creditors, that after the payment of the creditors specifically named and preferred, their said debts, demands and lia- bilities, the assignee shall return the surplus, if atiy, to the assignor, ren- ders the assignment fraudulent and void as against the general creditors. (Sutherland v. Bradner, 39 Hun, 136 ; aff'd, S. C, 116 N. Y.410; Barney V. Griffin, 2 N. Y. 365; CoWomb v. Cald- well, 16 id. 484.) See, also. Bank of Portchester v. Halstead (20 Abb. N. C. 155). An assignment, void on its face, cannot be reformed or validated by a supplementary assignment, so as to cut off a lien of a judgment recov- Assignments for Creditors. 329 ered after its execution, and before its reformation or attempted correc- tion. (Sutherland v. Bradner, 116 N. Y. 410.) 7. An assignment of all the prop- erty contained in Schedule B, to pay the debts mentioned in Schedule A, and which referred to the schedules as annexed, though not annexed in fact, and not recorded in the office of the county clerk with the assignment, held, valid in an action to set it aside, as neither of the schedules was a necessary part of the assign- ment. (Burghard v. Sondheim, 50 N. Y. Super. Ct. [J. & S. ]ii6.) See, also, Wronknaw v. Killeen (19 Daily Reg., No. 133; S. C, 3 Law Bull. Si); and see note i to form No. 261. By section 3 of chapter 466 of the Laws of New York of 1877, as amended by chapter 318 of Laws of 1878, it is provided that a debtor making an assignment shall, at the date thereof or within twenty days thereafter, cause to be made, and de- livered to the county judge of the county where such assignment is re- corded, an inventory or schedule, containing First. The name, occupation, place of residence, and place of business, of such debtor. Second. The name and place of residence of the assignee. Third. A full and true account of all the creditors of such debtor, stat- ing the last known place of residence of each, the sum owing to each, with the true cause and consideration therefor, and a full statement of any. existing security for the payment of the same. Fourth. A full and true inventory of all such debtor's estate at the date of such assignment, both real and personal, in law and in equity, with the incumbrances existing 42 thereon, and of all the vouchers and securities relating thereto, and the nominal as well as actual value of the same according to the best knowledge of such debtor. Fifth. An affidavit made by such debtor, that the same is in all re- spects just and true. (But, etc., see further provisions of that section, cited in note i to form No. 261, for proceedings by assignee in case the debtor shall omit, neglect or refuse to make and deliver such inventory or schedule within the twenty days required). See, also, as to such in- ventory, Pratt V. Stevens (94 N. Y. 387); Matter of Leahy (8 Daly, 124); Warner v. Jaffray (96 N. Y. 248). 8. Section 23 of chapter 466 of Laws of New York of 1877, as amended by chapter 464 of Laws of 1885, provides that the county judge [of the county] where the assignment is recorded, may, upon the applica- tion of the assignee and for good and sufficient cause shown, and upon such terms as he may direct, author- ize the assignee to sell, compromise or compound any claim or debt be- longing to the estate of the debtor. But such authority shall not prevent any party interested in the trust es- tate from showing upon the final ac- counting of such assignee that such debt or claim was fraudulently or negligently W^, compounded or com- promised. The sale of any debt or claim heretofore made in good faith by any assignee shall be valid, subject, however, to the approval of tlie county judge, and the assignee shall be charged with and be liable for, as part of the trust fund, any sum which might or ought to have been collected by him. (Laws of N. Y. of 1885, p. 805). The changes made by the amend- mant of 1885 in the section was by the insertion of the words above 330 Forms of printed in italics. The words " of the county," in brackets above, were omitted from the section as amended. A general assignment is not viti- ated by the insertion of a clause therein authorizing the assignee " to compromise or compound any claim by taking a part for the whole where they shall deem it expedient so to do." (Gunther v. Richmond, l8 Hun, 232.) So held in relation to an assignment made since thepassage of the act of 1877. See also Coyne V. Weaver (84 N. Y. 386) ; McCon- nell V. Sherwood (id. 522): The court to which an application is made by an assignee for the benefit of creditors for leave to compromise a claim due the estate may, in its discretion, require notice of the hear- ing thereof to be given to the cred- itors and may refer such application to a referee, with directions to give eight days' notice to the creditors named in the schedules, personally, when practicable, or by mail. (Mat- ter of Youngs, 5 Abb. N. C. 346.) See, also, Matter of Ransom (8 Daly, 89) ; Matter of Wooster (10 id. 6) ; Matter of Goldschmidt (id. 38); Anonymous v. Gelpke (5 Hun, 245). Section 26 of said chapter 466 of Laws of New York of 1877, as amended by chapter 318 of 1878, pro- vides that the court, in its discretion, may order a trial by jury or before a referee, of any disputed claim or matter arising under the provisions of that act (of 1878) or the act thereby amended. (Laws of N. Y. of 1878, p. 410.) See In re Feigelstock (5 Law Bull. 71). 9. Section 2 of chapter 466 of Laws of 1877 as amended by chapter 294 of the Laws of 1888 provides as follows : Every conveyance or assignment made by a debtor of his estate, real or personal, or both, to an assignee for the creditors of such debtor, shall be in writing, and shall specifically state therein the residence and the kind of business carried on by such debtor at the time of making the assignment, and the place at which s'Uch business shall then be conducted, and if such place be in a city, the street and number thereof, and if in a village or town, such apt designation as shall reasonably identify such debtor. Every such conveyance or assignment shall be duly acknowl- edged before an officer authorized to take the acknowledgment of deeds and shall be recorded in the county clerk's office in the county where such debtor shall reside or carry on his business at the date thereof. An assignment by copartners shall be recorded in the county where the principal place of business of such copartners is situated. When real property is a part of the property as- signed, and is situated in a county other than the one in which the original assignment is required to be recorded, a certified copy of such as- signment shall be filed and recorded in the county where such property is situated. The assent of the assignee, subscribed and acknowledged by him, shall appear in writing, em- braced in or at the end of, or in- dorsed upon the assignment, before the same is recorded, and, if separate from the assignm'ent, shall be duly acknowledged. (Laws of N. Y. of 1S88, p. 509.) The changes made by the amend- 'ment of 1888 are indicated above by italics. It will be observed that the statute does not, in terms, provide for the proof of the instrument or of the as- sent by a subscribing witness, but only for their acknowledgment by the assignor and assignee, respect- Assignments for Creditors. 331 ively. See note 11 to this form upon that subject. Under an assignment for creditors tlie assignee is merely the representa- tive of the debtor and must be gov- erned by the express terms of his trust. (Matter of Lewis, 81 N. Y. 421.) The material and essential charac- teristic of a general assignment is the presence of a trust, the assignee tak- ing title, not as absolute ovi?ner, but merely as trustee for the perform- ance of trust duties. (Brown v. Guthrie, no N. Y. 435.) An assignment of the property of a debtor in trust for creditors, exe- cuted in the name of a debtor and duly acknowledged by an attorney duly constituted for that purpose, was held to be valid under the Gen- eral Assignment Act of i860, chapter 340, requiring every assignment to be in writing and duly acknowl- edged, and is effectual to vest in the assignee the title to the assigned property. (Lowenstein v. Flauraud, 82 N. Y. 494 ; S. C., 11 Hun, 399.) See, also, Darrow, Rec'r, v. Bruff (36 How. 479); Chandler v. Powers (N. Y. Daily Reg., Dec. 28, 1883). See, also, Mcllhargy v. Chambers (51 Hun, 332), as to execution of as- signment. The statutes regulating such as- signments have reference only to general assignments made by in- solvent debtors for the benefit of their creditors, and the various pro- visions of those statutes are entirely inapplicable to the case of a partial assignment of a portion of the debt- or's property for the benefit of a speci- fied part of his creditors. (Knapp v. McGowan, 96 N. Y. 75) By section 4 of title 4 of chapter 18 of part 2 of the Revised Statutes of New York, it is provided that it shall not be lawful for an incorporated company to make any transfer or as- signment in contemplation of the insolvency of such company, to any person or persons whatever, (i N.Y. R. S. 603; 7th ed. 1534.) This section was repealed by Laws of 1882, chapter 402, but reinstated by chapter 434 of Laws of 1884. Where it appears upon the face of a general assignment, that it was made by a manufacturing corporation in contemplation of insolvency, the in- strument is void, though it provides for the ratable distribution of the proceeds among all the creditors. (Sibell V. Remsen, 33 N. Y. 95. Proof, however, that at the time of the transfer or assignment by a cor- poration it was in fact insolvent, is not conclusive evidence that the transfer or assignment was made " in contemplation of the insolvency of such company," within the meaning of the statute (i R. S. 603, § 4), de- claring such a disposition of its prop- erty unlawful and void ; to come within the prohibition of the statute the act must have been done because of existing or contemplated insolv- ency. (Paulding v. The Chrome Steel Company, 94 N. Y. 334.) 10. An acknowledgment of an as- signment for creditors before a notary who is not a party to the assignment is valid, although such notary is pre- ferred as a creditor therein. (Wen- dell V. Reves, 26 Week. Dig. 239; S. C, 6 N. Y. State Rep. 863.) See, further, as to acknowledg- ment, Camp V. Buxton (34 Hun, 511; S. C, 20 N. Y. Week. Dig. 479); Claflin V. Smith (35 Hun, 372; S. C, 15 Abb. N. C. 241); Hardman v. Bowen (39 N. Y. 196; S. C, 5 Abb. N. S. 332); Britton v. Lorenz (45 N. Y. 51, aflf'g S. C, 3 Daly, 22); Wood V. Bach (54 Barb. 134); Smith v. Tiro 332 Forms of (i4 Abb. N. C. 447); Smith v. Boyd (loi N. Y. 472, rev'g S. C, 10 Daly, 149); Franey v. Smith (125 N. Y. 44, rev'g S. C, 47 Hun, iig); Mcllhargy V. Chambers (51 Hun, 332); Britton V. Lorenz (3 Daly, 22, afF'd, 45 N.Y. 51); Randall v, Dusenbury (39 N. Y. Super. Ct. 174; aff'd, S. C, 63 N. Y. 645); Hooper v. Baillie (118 N. Y. 413)- The statute of New York, chapter 466 of Laws of 1877, as amended by chapter 294 of Laws of 1888, provides that every such conveyance or assign- ment shall be duly acknowledged be- fore an officer authorized to take the acknowledgment of deeds. (Laws of N. Y. of 1888, p. 509.) The same was contained in the section as origi- nally enacted. See, also, for the en- tire section as amended note 9 to this form No. 259. II. By section 2 of chapter 466 of the Laws of New York of 1877, as amended by chapter 294 of Laws of 1888, the assent of the assignee, sub- scribed and acknowledged by him, shall appear in writing, embraced in or at the end of, or indorsed upon the assignment, before the same is recorded, and, if separate from the assignment, shall be duly acknowl- edged. (Laws of N.Y. of 1888, p. 509.) The amendment of 1888 did not, however, relate to this provision of the section which was contained in the section as originally enacted, for which, as amended, see note 9 to this form. No. 259. See, also, Royer Wheel Co. v. Fielding (31 Hun, 274, 281; rev'd, loi N. Y. 504), where it was held that the instrument was not a general as- signment for creditors, and was not subject to the provisions of the act. Schwartz v. Soutter (41 Hun, 323; affd, S. C, 103 N. Y. 683); Noyes V. Wernburg (15 Abb. N. C. 164); Scott V. Mills ( 18 id. 330; S. C, 45 Hun, 263), and note 10 to this form. It will be observed that the statute above cited does not provide, in terms, for proof, by subscribing wit- ness, either of the original instru- ment or of the assent, but only for their acknowledgment. It was held, in Adams v. Houghton (3 Abb. N. S. 46 [N. Y. Com. Pleas, Gen. Terra, i866]), that under the act of i860 (Laws of i860, p. 594), regulating as- signments for creditors and requiring every such assignment to be in writ- ing and duly acknowledged, an as- signment for the benefit of creditors must be acknowledged by the debtor in person; that it cannot be acknowl- edged by his attorney or proved through the medium of a witness. But see as to execution by an attorney in the name of the debtor, Lowenstein v. Flauraud (82 N. Y. 494), cited in note 9 to this form; and Chandler v. Powers (N. Y. Daily Reg., Dec. 28, 1883). No. 260. General assignment in trust for the benefit of creditors, with preferences, by the members of a copartnership. This indenture, made the ■ ■ day of , in the year I , between John Doe, residing at this date in the (city) of , in the county of and State of New York, and Richard Roe, residing at this date in, etc., copartners in Assignments for Creditors. 333 trade, and dealers, at this date, in (hardware) at (No. B. street), in the (said city) of , in the county of , and State of , under the name, firm and style of Doe & Roe, parties of the first part, and John Stiles, of, etc., of the second part, witnesseth ■} That whereas, the said parties of the first part are justly indebted to divers individuals (and corporations), and being in embarrassed circumstances and unable to pay all their said debts, are desirous of making a just and fair distribution of their property and effects among their creditors : Now, therefore, this indenture witnesseth, that the said parties of the first part, in consideration of the premises and of the sum of one dollar, to them in hand paid by the said party of the second part, the receipt whereof is hereby ac- knowledged, have granted, bargained and sold, released, as- signed, transferred and set over, and by these presents do grant, bargain and sell, release, assign and set over, unto the said party of the second part, and to his heirs and assigns forever,^ all and singular the lands, tenements and heredita- ments, situate, lying and being within the State of (New York) ; and also, all the goods, chattels, merchandise, bills, bonds, notes, book accounts, claims, demands, choses in ac- tion, books of account, evidences of debt and property of every name, nature and description whatever and whereso- ever of the said parties of the first part (more particularly enumerated and described in the schedule hereto annexed, marked A, or intended so to be),' except such articles as are by law exempt from execution, to have and to hold the same, and every part and parcel thereof, with the appur- tenances, to the said party of the second part, his heirs, executors, administrators and assigns, in trust, neverthe- less, and to and for the following uses, intents and pur- poses : that is to say, that the said party of the second part shall take possession of all and singular the lands, tene- ments and hereditaments, and all other the property and effects hereby assigned or intended so to be, and sell and dispose of the same, either at public or private sale, to such person or persons, for such prices (and upon such terms and conditions), as in his judgment may appear best and most 334 Forms of for the interest of the parties concerned, and convert the same into money ; and also to collect all and singular the said debts, dues, bills, notes, accounts, claims, demands and choses in action, or so much thereof as may prove collectible, and thereupon to execute, acknowledge and deliver good and sufficient deeds, bills of sale, releases and other instruments of conveyance that may be necessary and proper to effect a sale and transfer of any and all the estates, property and effects, hereby conveyed, or intended so to be. And by and with the proceeds of such sales and collections, the said party of the second part shall first pay and disburse all the just, reasonable and usual expenses, costs, charges and commis- sions of making, executing and carrying into full effect, this assignment and the objects thereof^ (in doing which, the said party of the second part is hereby authorized to employ one or more agent or agents, attorney or attorneys, who shall be paid out of such proceeds a reasonable compensation for their services),' (and the said party of the second part shall also, at the charge of the said trust fund, obtain, and at all times keep, suitable and reasonable insurance on the said property and effects hereby assigned and conveyed, and shall also pay the rents and taxes now due and to grow due upon the premises at present occupied by the said parties of the first part, until the said property and effects shall be sold and disposed of, or as long as it may be necessary to retain and use the said premises for the storage or safe keeping of said trust property and effects).* And the residue of the proceeds of such sales and collections shall be considered as the net avails or proceeds of the property and effects hereby assigned. By and with the said net avails and proceeds, the said party of the second part shall pay and discharge the said debts of the said parties of the first part, in the order and manner following, that is to say : [First. The said party of the second part shall pay and discharge the wages or salaries actually owing to the em- ployes of said parties of the first part, at the time of the execution of this assignment, amounting to- (about) the sum of dollars, and should the assets of the said parties of the first part not be sufficient to pay in full said wages or Assignments for Creditors. 335 salaries, they shall be applied to the payment of the same ^ro rata to the amount of each such claim. 7 Second. The said party of the second part shall pay and discharge in full the several respective debts, bonds, and sums of money, due and to grow due from the said parties of the first part, or for which they are liable to the several persons and firms (and corporations) named and designated in the schedule hereto annexed, marked B, together with the interest due and to grow due on such debts, bonds, notes and sums respectively ; and if said net proceeds shall not be sufficient to pay the said debts and liabilities, mentioned in said schedule B, in full, then the same shall be paid pro rata with such net proceeds, share and share alike, as far as the same will go in proportion to their respective amounts. Third. By and with the rest, residue and remainder of said net proceeds, if any shall remain after the payment in full of the said debts and liabilities mentioned in said schedule B, the said party of the second part shall pay and discharge all the other copartnership debts, demands and liabilities whatsoever now existing, whether due or hereafter to become due, against the said parties of the first part, provided such remainder shall prove sufficient for that purpose ; and if in- sufficient, then to apply such remainder to the payment and liquidation of such debts and demands, pro rata, share and share alike, according to their respective amounts, as far as such remainder will extend for that purpose.^ Fourth. By and with the rest, residue and remainder of said net proceeds, if any shall remain after paying all copart- nership debts, the said party of the second part shall pay and discharge all other private or individual debts now existing of the said parties of the first part, or either of them, whether due or to grow due, provided the respective amounts of the individual debts of each of said parties does not exceed his portion of the surplus that may remain after paying all the said partnership debts ; and if it should, then his interest in ■said surplus is to be divided pro rata among his individual creditors, in proportion to their respective demands; it being understood that no part of the said surplus which will 336 Forms of belong to each of said individual parties of the first part respectively, after the payment of the copartnership debts, is to be made liable for the individual debts of the other of them.' And lastly, the said party of the second part shall return the surplus, if any rerriains after the payment of all debts due by the said parties of the first part, or either of them, to the said parties of the first part, their executors, administrators or assigns. (The provisions above made and designated as " Second," relating to preferences under this assignment, are hereby expressly declared to be intended to be subject to the provisions of chapter 503 of the Laws of New York of 1887, entitled ' An act, etc. (giving title of that chapter) passed June 2, 1886, to-wit : That such preferences shall not be efTectual except to the amount of one-third in value of the estate hereby assigned left after deducting the wages and salary, the payment of which is above provided for, and the costs and expenses of executing this trust ; and that should said one-third of the assets of said parties of the first part be insufificient to pay, in full, the said preferred claims, then the said assets shall be applied to the payment of the same, pro rata, to the amount of each such preferred claim, in the order and manner above provided, and the provisions above made in regard to the preference of claims are to be carried out only to the extent to which the same can be legally carried out under such statutory provis- ions)." (And the said parties of the first part, for themselves, their and each of their heirs, executors, administrators and assigns, covenant and agree, to and with the said party of the second part, his executors, administrators and assigns, that they will, when requested, make, or cause to be made, such further assignments, deeds and conveyances as shall be neces- sary to carry into full and complete effect the intentions of the parties to these presents.)" And the said party of the second part doth hereby assent to and accept the said assignment and the trusts hereby created and reposed in him.''^ Assignments for Creditors. 337 In witness whereof, the parties to these presents have here- unto set their hands and seals, the day and year first above written.' Sealed and delivered in presence of K. L. J- R. D. R. [L. S.] [L. S.] (Acknowledgment of execution by all the parties substan- tially as in form No. 259.) I, J. S., the assignee mentioned in the foregoing assign- ment, do hereby assent to and accept the said assignment, and the trusts created and reposed in me thereby. In witness whereof, I have hereunto set my hand and seal this day of , i ." J.S. [L.S.] (Acknowledgment by assignee as above.) 1. As to general requisites pro- vided by the New York statute in re- gard to assignments for benefit of creditors, see § 2 of chapter 466 of Laws of New Yorlc of 1877, as amended by chapter 294 of Laws of 1888, cited in note g to form No. 259. Among other provisions of that section such assignment is re- quired to be in writing, and to spe- cifically state therein the residence and the kind of business carried on by the debtor at the time of making the assignment, and the place at which such business shall then be conducted, and if such place be in a city, the street and number thereof, and if in a village or town, such apt designation as shall reasonably identify such debtor. (Laws of N. Y. of 1888, p. 509.) 2. See the cases cited in note i to form No. 259 as to effect of these words following the name of the as- signee. 3. In New York State, a schedule being required by statute (§ 3 of chap. 466 of Laws of 1877) to be 43 filed within the time prescribed, it is not now usual to annex a schedule describing the property to the assign- ment itself. Before the statute re- quiring such schedule, which was originally enacted in 1S60, it was held that an inventory or schedule of the property assigned was not indis- pensable, as a condition precedent to the taking effect of the deed; and that the omission of it was not of it- self sufficient to avoid an assign- ment: although it might be evidence of fraud. (Kellogg v. Slawson, 15 Barb. 56, and cases there cited.) See, also, Moir v. Brown (14 id. 39) de- cided in 1852, holding that the effect of not annexing a schedule which was referred to in the assignment as annexed and containing a more par- ticular enumeration and description of the property assigned, which prop- erty was described generally in the assignment as "all the goods, chat- tels, etc., and property of the parties of the first part," was that the prop- erty was not transferred. But see Burghard V. Sondheim(5oN. Y. Super. 338 Forms of Ct. (J.&S-) ii6): Wronknwwv. Kil- leen (19 Daily Reg., No. 133), cited in note 7 to form No 259, and Scott V. Guthrie (10 Bosw. 408; S. C, 25 How. Pr 512); Spring v. Strauss (3 Bosw. 607); Hoptop V. Neidig (17 Abb. Pr. 332); Kercheis v Schloss (49 How. Pr. 284); Turner v. Jaycox (40N. Y. 470), cited innote i to form No. 261, and Emigrant Industrial Savings Bank v. Roche (93 id. 74); Franey V. Smith (125 id. 44), cited in same note. 4. See note 3 to form No. 259, as to the compensation of assignee and provisions therefor. Where the assignment authorized the trustees to take possession of the property and sell and dispose of the same upon such terms and condi- tions as in their judgment might ap- pear best and most for the interests of the parties concerned, and con- vert the same into money, such as- signment was held valid. (Kellogg V. Slauson, 11 N. Y. 302.) See, also, Townsend v. Stearns (32 id. 209); Benedict v. Huntington (id. 219); Rapalee v. Stewart (27 id. 310). 5. An assignment for the benefit of creditors contained a provision au- thorizing the assignee " to employ suitable agents, at a reasonable com- pensation, to be paid out of the ef- fects assigned;" held, that the pro- vision did not render the assignment void, as it conferred no authority be- yond what the law would give to the assignee. (Mann v. Whitbeck, 17 Barb. 388.) See, also, Jacob v. Rem- sen (36 N. Y. 668); Casey v. Janes (37 id. 608); Hynes v. Campbell (39 N Y. State Rep. 874; S. C, 15 N. Y Supp. 506). 6. An authority to the assignee to insure the property, or to maintain an existing insurance upon it, so long as he may deem necessary, will not vitiate the assignment. It con- fers no more power upon him than he would have possessed without such provision. (Whitney v. K rows, II Barb. 198.) A direction to pay rent, taxes and assessments on the real estate until sold, is a necessary power to preserve the property, and the assignee would have been authorized to do it, if the authority was not included in the in- strument itself. (Van Dine v. Wil- lett, 24 How. Pr. 206; S. C, 38 Barb. 319-) A tenant made an assignment in trust for the benefit of creditors. His assignee entered under the assign- ment without giving any notice to the landlord that he did not occupy as assignee. He continued to oc- cupy until the landlord took meas- ures to dispossess him. Held, that such assignee was liable for the rent becoming due during his occupancy. (Astor V Lent, 6 Bosw. 612.) See, also, Jones v. Hausman (10 id, 168); Eyre v. Beebe (28 How. Pr. 333, 339). An assignee for the benefit of cred- itors, u nder an assignmen t which con- tains no provision giving any pref- erence to taxes, or special directions for their payment, will not be re- quired, on application of mortgagees who are engaged in foreclosing a mortgage given by his assignor, and have possession of the lands through a receiver, to pay taxes in arrears, al- though the mortgaged lands may be an insufficient security. (Matter of Lewis, 81 N. Y. 421.) As to whether taxes as a debt due to the State are entitled to a prefer- ence in payment from an insolvent estate, qiiere? If so, the State alone can assert .the right. An individual cannot interfere in its behalf. (Id.) 7. It is provided by chapter 283 of Laws of New York of 1886, amend- Assignments for Creditors. 339 ing section 29 of chapter 466 of Laws of 1877, as previously amended by chapter 328 of Laws of 1884, that in all distributions of assets under all as- signments made in pursuance of the act, the wages or salaries actually owing to the employes of the assignor or assignors at the time of the execu- tion of the assignment, shall be pre- ferred before any other debt, and should the assets of the assignor or assignors not be sufficient to pay in full all the claims preferred, pur- suant to that section, they shall be applied to the payment of the same pro rata to the amount of each such claim. The amendment of 1886 was by the insertion of the words above given in italics. Under the above section as it read before the amendment of 1886, it was held that the instrument itself was not rendered void by the omission to insert therein a clause giving such preference ; that the instrument was to be read in connection with the statute, as if such provision formed part of it, and so the statutory pro- vision is impressed upon the trust fund in the hands of the assignee. (Richardson v. Thurber, 104 N. Y. 606, affg S. C, 39 Hun, 637.) A statute imposing such a prefer- ence upon a voluntary assignment is not unconstitutional; the legisla- ture may permit it to be made only on expressed conditions, and the as- signor, by the act of making the as- signment, accepts the conditions. (Id.) See, also, Johnston v. Kelly (43 Hun, 379), to the same effect. 8. An assignment by a firm is in- validated by a preference of an indi- vidual debt of a partner out of the proceeds of the partnership property. (First Nat. Bank of Portchester v. Halsted, 20 Abb. N. C. 155, and cases there cited.) This rule applies without reference to whether all the partners executing the assignment knew the fraudulent nature of the preference. (Fourth Nat. Bank v. Burger, 15 N. Y. State Rep. loi.) See, further, as to assignments by firm for benefit of creditors. Crook V. Rindskopf (105 N. Y. 476, rev'g S. C, 34 Hun, 457), and the cases cited in note 13 to this form. 9. An assignment for benefit of creditors, executed by the assignors as individuals and as members of a firm, is not invalidated by a pror vision for the return of the surplus to the assignors, " after payment of the debts of the parties of the first part," if the assignment clearly embodies an implied direction not to return the surplus until all the debts, firm as well as individual, are paid. (First Nat. Bank of Portchester v. Hal- sted, 20 Abb. N. C. 155.) 10. For provisions of chapter 503 of Laws of New York of 1887, see note 5 to form No. 259. See, also. White v. Cotzhausen, cited in note 4 to that form. 11. This covenant is sometimes in- serted in assignments for creditors. 12. It is necessary under the stat- ute of New York, chapter 466 of 1877, that this assent of the assignee, subscribed and acknowledged by him, shall appear in writing, em- braced in or at the end of or in- dorsed upon the assignment, before the same is recorded, and, if sepa- rate from the assignment, shall be duly acknowledged. (See § 2 of that chapter, cited in note 11 to form No. 259.) 13. See generally as to assign- ments by members of a copartner- ship, among other recent cases. Crook V. Rindskopf (105 N. Y. 476, 340 Forms of rev'g S. C, 34 Hun, 457); Haynes v. Brooks (116 N. Y. 487; affg S. C.,42 Hun, 528); Becker v. Leonard (42 Hun, 221); First National Bank of Champlain v. Wood (45 id. 411) ; Haynes v. Brooks (17 Abb. N. C. 152); Baste V. Burger (id. 162; affd, S. C, no N. Y. 644); Brown v. Hal- stead (id. iy7); Eastern Nat. Bank V. Hulzhizer (2 N. Y. State Rep. 93); Adee v. Cornell (25 Hun, 78; aff'd, S. C, 93 N. Y. 572); Stadelman v. Loehr (47 Hun, 327); Friedburger v. Jaberg (20 Abb. N. C. 279); Klumpp V. Gardener (15 N. Y. State Rep. 100); Gorham v. Jervis (40 Alb. L. J. 93); Smedley v. Smith (28 N. Y. State Rep. 414; S. C, 8 N. Y. Supp. 100); and seethe notesto form N0.259. «.The statute (§ 2 of chapter 466 of Laws of New York of 1877), as amended by chapter 294 of Laws of 1888, provides that an assignment by copartners shall be recorded in the county where the principal place of business of such copartners is situ- ated. The same provision was con- tained in the section as originally en- acted. A sole surviving partner of an in- solvent firm may make a general as- signment for the benefit of creditors containing preferences, of all the firm property for the benefit of the firm creditors, and without the as- sent of the representatives of the de- ceased partner, and in the absence of fraud, such an assignment cannot be disturbed by an unpreferred cred- itor. (Williams v, Whedon, 109 N. Y. 333, afFg S. C, 39 Hun, 98.) See, also, Durant v. Pierson (124 N. Y. 444). The act of i860 (chapter 348) re- lating to assignments for the benefit of creditors (for which the act of 1876 was a substitute) was only in- tended to apply to assignments exe- cuted by resident debtors ; and an assignment executed by a non-resi- dent in accordance with the law of his own State, and not void by any law of this State, will, except in case of fraud, convey personal property here as against the claims of resident creditors. (Ackerman v. Cross, 54 N. Y. 29.) 14. See note 12 to this form. No. 261. Schedule to be annexed to assignment for benefit of creditors, when referred to as annexed. I. Schedule marked A, referred to in the foregoing (or, annexed) instrument. A just and true inventory of all the property, real and personal, which belonged to A. B. (or, to the said firm of Doe Sz; Roe), on the — ■ — day of , i (date of assign- ment). Real estate. One farm, situate, etc. (specify the whole of the real es- tate, with a convenient description of each lot or parcel). Assignments for Creditors. 341 Personal estate. A bond (or, note) against E. F., dated , i , for dollars (and interest from ), on which is now due dollars. A book account against E. F., on which is now due dollars. One piece of black broadcloth, containing forty yards. One piece of blue broadcloth, containing twenty-five yards (specifying the choses in action and articles of personal prop- erty). 2. Schedule marked B, referred to in the foregoing (or, annexed) instrument. Statement of debts owing by said A. B. (or, by said firm of Doe & Roe), included in this schedule, and to be paid as provided in the foregoing (or, annexed) instrument. A debt owing to E. F. & Co., on a promissory note, dated , I , for the sum of dollars, payable days from date (with interest from , i ), which was given for merchandise, and on which is now due dollars. The like to G. H., for dollars on account, for money loaned, etc., etc. (specifying all the debts to be embraced in this schedule.)* 1. See, as to these schedules, note inventory of his property was subse- 7 to form No. 259. quently made and filed, in which a A general assignment for the bene- certain judgment was not inserted, fit of creditors, assigning "all goods. Afterward, under the directions of chattels, merchandise, bills, bonds, the decree made upon the assignee's notes, book accounts, claims, de- final accounting, which provided mands, choses in action, judgments, that the assignee should convey to evidences of debt and property of H. (the assignor) all the real estate every name and nature whatsoever" assigned to the assignee " and men- (of the assignor), more particularly tioned in the inventory and sched- enumerated and described in the ules and remaining unsold," and schedule hereto annexed, covers all "should convey to A. B. all the rest personal property of the assignor, and residue of th" assigned estate, in- though none was enumerated or de- eluding cash, mortgages, judgments scribed in the specified schedule, and all other personal property of (Turner v. Jaycox, 40 N. Y. 470, every kind and nature whatsoever, aff'g S. C, 40 Barb. 164.) including book accounts, debts due. An instrument of assignment in etc., assigned to such assignee and terms conveyed all the property of particularly mentioned in the inven- the assignor, real and personal ; an tory and schedules filed in the office 342 Forms of of the clerk of U. county, on, etc., excepting only such property as is by law exempted." In pursuance of this decree the assignee assigned to said A. B. certain articles of personal property particularly mentioned, and all claims, notes, book accounts, judg- ments and other evidences of debt which existed in favor of the assignor or assignee against certain persons particularly named, and against " any other person or persons not named above." Held, that the first- mentioned judgment passed by the assignment to the assignee, and by the decree and assignment to A. B., although at the time of the latter assignment neither A. B. nor his as- signor knew of the existence of that judgment. (Emigrant Industrial Sav- ings Bank v. Roche, 93 N. Y. 374.) The rule that general words in an assignment are restricted by a subse- quent clause referring to a schedule annexed is subordinate to the rule requiring all instruments to be so construed as to give effect to the in- tention of the parties. (Id.) No. 262. Inventory or schedule required by Laws of New York, to be made and filed by a debtor making general assignment for creditors. (Laws of N. Y. of 1877, chap. 466, § 3.) Inventory made and filed pursuant to statute by A. B., re- siding in the (city) of , in the county of , and State of New York, by occupation a dealer in (hardware, etc.), at No. street in said (city), under assignment dated , I , made by said A. B. to C. D., who resides at the (city of aforesaid).^ Assignments for Creditors. 343 1 s 3 3 N'atiiieof the debt and vouchers therefor. a S 1 a u |l i 1 OS u Q o Ed < 344 Forms of O d o n 01 o 5 >■ ■n i 1 1 •a 1 o 3 1 ►1 pi g Q til Pi o o < Assignments for Creditors. 345 Inventory of goods, etc., assigned by A. B. to C. D., . 1 . Nominal value. Deduct per cent for sales made for cash, etc . . Actual value Real estate belonging to said A. B., , i . Premises No. street, in the (city) of $1, 000 00 Less incumbrances thereon, viz.: A mortgage executed by said A. B. to C. D. for dol- lars principal, and interest from , i . 532 00 $468 00 Cash in bank , i $ Summary statement. Goods, nominal value , $5, 000 00 Fixtures in store No. street, nominal value 500 00 Accounts, notes, etc., nominal value 1, 400 00 Real estate less incumbrances 468 00 Sundries 10 00 $7, 378 00 Deduct allowances above stated for cash sales, etc 2, 400 00 $4,978 00 State of New York, ) County of , S " A. B., of , being duly sworn, says' that he is the debtor and assignor mentioned in the foregoing inventory or 44 346 Forms of schedule ; that the said inventory or schedule is in all re- spects just and true. A. B. (Jurat as in form No. 32.) [Or, as follows ; ^ In the Matter of the Assign- ment of A. B. to C. D. for the benefit of creditors. County of , ss.: A. B., of , being duly sworn, says that he is the as- signor named in the above-mentioned assignment, which bears date the —- — day of , i , and which is re- corded in the ofHce of the county clerk of the county of -^ on the day of , i . That the inventory and schedule hereto annexed contain a full and true account of all the creditors of said deponent ; the last known residence of each creditor ; also the sum owing to each creditor ; also the true cause and considera- tion of such indebtedness in each case ; also a statement of any existing security for the payment of any such debts ; also a full and true inventory of all the estate, both real and per- sonal, in law and equity, of deponent, at the date of said as- signment and incumbrances existing thereon, and of all vouchers and securities relating thereto, and the nominal as well as actual value of such estate according to the best knowledge of deponent. And deponent further says that the annexed inventory and schedules are in all respects just and true. A.B.] (Jurat as in form No. 32.) I. Section 3 of chapter 466 of the such assignment is recorded, an int Laws of New York of 1877, as ventory or schedule containing amended by chapter 318 of the Laws i. The name, occupation, place of of 1878, provides as follows in re- residence, and place of business, of gard to this inventory or schedule: such debtor. §3. A debtor making an assign- 2. The name and place of resi; ment shall, at the date thereof or dence of the assignee, within twenty days thereafter, cause 3. A full and true account of all to be made, and delivered to the the creditors of such debtor, stating county judge of the county where the last known place of residence of Assignments for Creditors. 347 each, the sum owing lo each, with the true cause and consideration therefor, and a full statement of any existing security for the payment of the same. 4. A full and true inventory of all such debtor's estate at the date of such assignment, both real and per- sonal, in law and in equity, with the incumbrances existing thereon, and of all vouchers and securities relat- ing thereto, and the nominal as well as actual value of the same, ac- cording to the best knowledge of such debtor. 5, An affidavit made by such debtor, that the same is in all re- spects just and true. But in case such debtor shall omit, neglect or refuse to make and deliver such in- ventory or schedule within the twenty days required, the assignee named in such assignment shall, within thirty days after the date thereof, cause to be made, and de- livered to the county judge of the county where such assignment is re- corded, such inventory or schedule as above required, in so far as he can ; and for such purpose said county judge shall, at any time, upon the application of such as- signee, compel by order such delin- quent debtor, .'ind any other person to appear before him and disclose, upon oath, any knowledge or in- formation he may possess, necessary to the proper making of such inven- tory or schedule. The assignee shall verify the inventory or schedule so made by him, to the effect that the same is in all respects just and true to the best of his knowledge and be- lief. But in case the said assignee shall be unable to make and file such inventory or schedule within said thirty days, the county judge may, upon application upon oath, show- ing such inability, allow him such further time as shall be necessary, not exceeding sixty days. If the as- signee fail to make and file such in- ventory or schedule within said thirty days or such further time as may be allowed, the county judge shall re- quire, by order, the assignee forth- with to appear before him and show cause why he should not be removed. Any person interested in the trust estate may apply for such order and demand such removal. The books and papers of such delinquent debtor shall at all times be subject to the inspection and examination of any creditor. The county judge is au- thorized by order to require such debtor or assignee to allow such inspection or examination. Dis- obedience to such order is hereby declared to be contempt, and obedi- ence to such order may be enforced by attachment. The inventory or schedule shall be filed by said county judge in the office of the clerk of said county in which said assign- ment is recorded. See, also, Produce Bank v. Morton (67 N. Y. 199); Pratt V. Stevens (94 id. 387, rev'g S. C, 26 Hun, 229); Franey V. Smith (47 Hun, 119); Easton Nat. Bank v. Hulshizer (24 N. Y. Week. Dig. 266); Denton v. Morrell (43 Hun, 224) ; Em. Ind. Savings Bank V. Roche (93 N. Y. 374), cited in note I to form No. 261; Matter of Leahy (8 Daly, 124) ; Warren v. Jaffray (96 N. Y. 248), generally as to such inventory. 2. See statute cited in note I to this form, also Pratt v. Stevens (94 N. Y. 387, rev'g S. C, 26 Hun, 229) , Produce Bank v. Baldwin (49 How. Pr. 277), as to verification of inventory. The form of affidavit first given is exactly in compliance with the statute, but the one sec- ondly above given is sometimes used. 348 Forms Relating to CHAPTER IX. Forms Relating to Auctioneers. No. 263. Auctioneer's bond on his appointment. 264. Notice to comptroller of approval of bond of auctioneer by officer taking the same. 265. Oath of auctioneer to be taken before the otScer to whom his ac- count is exhibited. 266. Oath to be taken by clerk or copartner of auctioneer making sales at auction. 267. Oath to be taken by auctioneer's partner or clerk to be indorsed on account containing sales made by him. 268. Form of auctioneer's account of sales, etc. 269. Terms of sale by auctioneer, etc No. 263. Auctioneer's bond upon his appointment. (I N.Y. R. S. 531, §11-) Know all men by these presents, that we, E. F., G. H. and I. K., of the (city) of , in the county of , and State of New York, are held and firmly bound unto the peo- ple of the State of New York, in the sum of five 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 this day of , I . The condition of this obligation is such, that whereas, the above-bounden E. F., being a citizen of said State, intends to become an auctioneer in the said county of , in which he resides, and to transact his business and perform his du- ties as such in said county, pursuant to the statute in such case made and provided : Now, therefore, the condition of this obligation is such, that if the said E. F. shall faithfully perform the duties of Auctioneers. 349 his said office and pay the duties that are or shall be imposed by law, and that shall accrue on sales made by him or under his direction, by virtue of his said office, and shall render a true and accurate account se"mi-,annually on the first Mondays of July and January in each year, of all goods sold or struck off by him, in the form and manner required by law, then this obligation to be void, otherwise to be and remain in full force and virtue, and said bond be deemed to have been forfeited by said obligors.^ Sealed and delivered in presence of A.B. State of New York, City and (or, city of ), county of E. F. [L. S,l G. H. [L. S.] I. K. [L. S.] On this day of , in the year i , before me, the mayor (or, recorder) of said cit_y (or, the county judge of the county of ), personally appeared E. F., G. H. and I. K., to me known to be the same persons described in and who executed the foregoing instrument, and to me severally ac- knowledged that they executed the same. And I hereby certify, pursuant to statute, that I have taken and approved of the said instrument, on the day aforesaid.^ A. M. Mayor (or, Recorder) of the city of (or, County Judge of county). [Indorsed in N. Y. county. County of . I, A. M., mayor (or, recorder) of the city of (or, name other magistrate), do hereby certify, that the within is a true copy of a bond taken and approved by me, and of the certificate of acknowledgment and approval thereon indorsed by me, and of the whole of said bond and certificate. Dated, , i . M. N., Recorder, etc.] I. See I N. Y. R. S. 531, § 11; 7th chap. 52, § 2 (N. Y. R.' S., 7th ed., ed. 1273; Laws of N. Y. of 1838, 1278), as to this bond. The auction- 350 Forms Relating to eer's account required by said section 2 to be rendered quarterly, is by sec- tion 3 of chapter 62 of Laws of 1846, required to be rendered semi-annu- ally on the first Mondays of July and January in each year. By sec- tion 4 Of said chapter 62^, the bond is required to be renewed on or before the first Monday in January in each and every year. See, also, as to pun- ishment for a failure to file bonds, etc., section 4 of same chapter, and as to forfeiture for selling without having given the required security, see§ 15, I N. Y. R. S. 531; 7th ed. 1273. 2. SeeiN.Y.R.S. 531, §§12-14, as to approval of this bond. In regard to the statutes regulating auction duties and their payment, it is to be remarked that sections i and 4 of title i of chap- ter 17 of part I of the New York Re- vised Statutes were repealed by sec-, tion 10 of chapter 62 of Laws of 1846, and sections i and 2 of the latter act substituted in their place. By sec- tion I of chapter 547 of Laws of 1866, section i of chapter 62 of Laws of 1846 was amended " so as to read as follows:" a new section following these words. By section i of chap- ter 106 of Laws of 1868, it is enacted "that chapter 547 of the Laws of 1866 entitled, etc., is hereby repealed," no substitute for the repealed section being given. It seems, therefore, to be very doubtful as to whether sec- tion I of the Revised Statutes and section i of the act of 1846 have not been Jjoth repealed, since 1868. See People, ex rel. The C. N. Bank, etc., V. Supervisors of Montgomery (67 N. Y, 109). The provisions of the act of 1853, " to punish frauds and suppress mock auctions" (§ 3, chap. 138, Laws of r853), which requires all auc- tioneers doing business in the city and county of New York to obtain from the mayor a license on filing a bond as prescribed, did not, nor does the similar provision of the New York Consolidation Act of 1882 (§ 113 of chap. 410 of the Laws of 1882), which has superseded that of 1853, make it obligatory upon the mayor to grant a license to any per- son applying therefor and filing the bond required; but by necessary implication authorizes him to refuse a license to any person whose char- acter and qualifications are not satis- factory to him, or when, in his judg- ment, the public interest requires it. (People, ex rel. Schwab, v. Grant, 126 N. Y. 473.) The exercise of this discretion on the part of the mayor is not subject to supervision or control. (Id.) No. 264. Notice to comptroller of approval of bond of auctioneer by ofS.cer taking the same. (iN.Y. R. S. S3i,§i4-) To the Comptroller of the State of New York : You are hereby notified, pursuant to statute, that on the day of , I , I, the undersigned, as mayor (or, re- Auctioneers. 351 corder) of the city of (or, as county judge of the county of ), took and approved a bond of E. F., of , with G. H. and I. K., of , as sureties, given by said E. F. upon his becoming an auctioneer of the (city of , in the) county of , which said bond was dated and executed on the day of — , I— — } Dated , i . A. M., Mayor, etc., of the city of (or. County Judge of - county). 1. See § 14 of I N. Y. R. S. 531; 7th ed. 1273, as to this notice. No. 265. Oath of auctioneer to be taken before the of9.cer to whom his account is exhibited. (I N. Y. R. S. 533, § 29.) County of , ss.; I, E. F., do solemnly and sincerely swear (or, afifirm) that the account now exhibited by me, and to which I have sub- scribed my name, contains a just and true account of all the goods, wares, merchandise and effects, sold or struck off, or bought in by me, at public sale, or sold by me at private sale on commission, whether subject to duty or not, or sold, struck off or bought in as aforesaid, by others, in my name, or under my direction, or for my benefit, within the time mentioned in the within account ; and of the days upon which the same were respectively sold ; and that I have at- tended, personally, such of the said public sales as are not stated in the said account to have been made without my attendance ; and that the causes therein mentioned, of my absence from such sales as I did not attend, are truly stated ; that I have examined the entries of all the sales mentioned in said account in the book kept by me for that purpose, and fully believe this account to be in all respects correct ; and further, that I have, during the time therein mentioned, con- formed, in all things, to the true intent and meaning of the 352 Forms Relating to laws regulating sales by auctioneers, according to the best of my knowledge, information and belief.' E. F. Sworn (or, affirmed) before me, ) this day of , i . ) M. N. Mayor (or. Recorder) of the city of (or. County Judge of county). I. See § 29 of title i of chap. 17 be reduced to writing, indorsed on of part I of N. Y. R. S., 7th ed., the account, and subscribed by the 1276, as to this oath, which is to auctioneer taking it. No. 266. Oath to be taken by clerk or copartner of auctioneer before making sales at auction. (i N. Y. R. S. 530, § 8, as amended by chap. 62 of Laws of 1835O State of New York, ) . County of — — ■, ) I, G. H., of , do solemnly swear that I am the copart- ner (or, clerk) of A. B., an auctioneer duly authorized to act as such in the county of — (hired and employed by him in that capacity),'(*) and that I will fully and faithfully perform the duties incumbent upon me as such copartner (or, clerk) by the provisions of title i of chapter 17 of part i of the Revised Statutes of the State of New York, and the acts amendatory thereof.^ (Jurat, as in form No. 32.) G. H. I. Insert these words in paren- 2. See § 8 of title i of chap. 17 of theses, in case of a clerk making the part i of N. Y. R. S. (7th ed., 1292), affidavit. as to this affidavit. No. 267. Oath to be taken by auctioneer's partner or clerk to be in- dorsed, on account containing sales made by him. (i N. Y. R. S. 534, § 30, as amended by Laws 183S, chap. 62.) As in form No. 266, to (*), and from thence as follows : And have been such clerk (or, partner) for six months last Auctioneers. 353 past : That I have read the foregoing account subscribed by the said E. F., and believe the account so rendered to be just and true in every particular ; that all the sales therein mentioned, opposite to which my name (or, my initials) is (or, are) set, are all the sales liable to auction duties, public or private, made by me within the time mentioned in the said account ; and that the account of such sales so therein stated is just and true ; that such sales were made by me, in the absence of said E. F., who was unable to attend from the causes specified in his account ; and that in all the acts performed by me in behalf of said E. F., during the time aforesaid, I have endeavored to conform to the true intent and meaning of the laws regulating sales by auc- tioneers.^ (Jurat as in form No. 32.) G. H. I. See §§ 30, 31 of title i, chap. 17 of part i of N. Y. R. S. as to this affidavit. No. 268. Form of auctioneer's account of sales, etc (I N. Y. R. S. 533, § 27.) I, E. F., an auctioneer residing in the (city) of , in the county of , in the State of New York, whose bond as such auctioneer, with and as sureties, was made and executed on the day of , i , do hereby render my account, pursuant to statute, as follows, viz.: I. Schedule A, hereto annexed, contains a statement of the sums for which any goods or effects have been sold at every auction held by me or in my behalf, from the day of , I , the time of my entering into my bond, as aforesaid (or, the date of my last half-yearly account). Also of the days on which such sales were so made, and the amount of each day's sale, designating the sales made by myself or in my presence, and those made in my absence by a partner or clerk acting in my behalf, specifying the causes of such absence. Also a statement of the amount of the duties chargeable on all such sales under the pro- 45 354 Forms Relating to visions of title i of chapter 17 of part i of the Revised Statutes. 2. Schedule B, hereto annexed, contains a statement of the amount of all private sales made by myself or any of my partners, on commission, and the days upon which such sales were made. Also a statement, etc. (as above, in the case of public sales).^ (Annex schedules as given below, p. 355, and oaths, forms Nos. 265, 266 and 267.) 1. See § 27 of title i of chap. 17 of as to this account. See, also, note i part I of N. Y. R. S. (7th ed.) 1275, to form No, 263. Auctioneers. 355 3 u c o u a s o 1 ^ ■ (fi a a o 1 la (0 Q cop am is D 03 n CD o 03 1 1 (0 Q g E o 10 ■o 1 en a w < > ft. o H ID o < 3S6 Forms Relating to No. 269. Terms of sale by auctioneer, etc. (Title of cause or proceeding.) The premises described in the annexed advertisement of sale or, described as follows (inserting description), will be sold under the direction of, etc., upon the following terms : 1st. (Ten) per cent of the purchase-money of said premises will be required to be paid to the said at the time and place of sale, and for which the receipt will be given. 2d. The residue of said purchase-money will be required to be paid to the said at his ofifice in the of , on the day of , at — — o'clock in the — — noon, when the said deed will be ready for delivery. 3d. The ■ is not required to send any notice to the purchaser ; and if he neglect to call, at the time and place above specified, to receive his deed, he will be charged with interest thereafter on the whole amount of his purchase, un- less the shall deem it proper to extend the time for the completion of said purchase. 4th. All taxes, assessments, and other incumbrances which, at the time of sale, are hens or incumbrances upon said premises, will be allowed by the out of the purchase- money, provided the purchaser shall, previously to the de- livery of the deed, produce to the proof of such liens, and duplicate receipts for the payment thereof. 5 th. The purchaser of said premises, or any portion thereof, will, at the time and place of sale, sign a memorandum of his purchase (and pay in addition to the said per cent of the purchase-money, the auctioneer's fee of dollars for each parcel separately sold, and the referee's (or, sheriff's) fee of two dollars for a deed.) 6th. The biddings will be kept open after the property is struck down, and in case any purchaser shall fail to comply with any of the above conditions of sale, the premises so struck down to him will be again put up for sale, under the direction of said under these same terms of sale, with- out application to the court, unless the {plaintiff^s attorney) Auctioneers. 357 shall elect to make such appHcation ; and such purchaser will be held liable for any deficiency there may be between the sum for which said premises shall be struck down upon the sale, and that for which they may be purchased on the re-sale, and also for any costs or expenses occurring on such resale. (If the property is to be sold subject to any right of dower, charge or lien, state the same.)' Dated , i . (Signature of officer, etc., making the sale.) (Annex notice of sale.) Memorandum of sale. I (or, we), have this day of , i , purchased the premises (first) described in the above annexed printed advertisement of sale, for the sum of dollars, and hereby promise and agree to comply with the terms and conditions, of the sale of said premises, as above mentioned and set forth? Dated . i . (Signatures.) , I , received from A. B. (or, A. B. and C. D.) the sum of dollars, being (ten) per cent of the amount bid by him (or, them) for property sold by me, under the judg- ment in the above entitled action (or, pursuant to the an- nexed notice of sale) referred to in the foregoing memoran- dum. $ . (Signature.) I. It is required by section 1678 of See, also, Day v. Hunt (112 N. Y. the New York Code of Civil Pro- 191). cedure, that if the property sold at a 2. See Wadsworth v. Lyon (93 N. judicial sale, or any part thereof, is Y. 219), as to effect of no memoran- sold subject to a right of dower, dum of sale being signed at a judicial charge or lien, that fact must be de- sale, clared at the time of the sale. 358 Forms of CHAPTER X. Forms of Award by Arbitrators. No. 270. Award by arbitrators. 271. Same, another form. 272. Revocation of the powers of arbitrators. 273. Notice of revocation of powers of arbitrators. No. 270. Award by arbitrators. (N. Y. Code Civ. Proc, §§ 2371, 2372.) A. B. I and V In arbitration. C. D. ) The undersigned, C. E., etc. (naming arbitrators), having been duly appointed arbitrators (or, a majority of the arbi- trators duly appointed), as to certain matters in controversy between the above-named A. B. and C. D., by a bond (or, sub- mission in writing), executed by the said parties, bearing date on the day of , i , as by reference thereto will fully appear, and having heard the proofs and allegations of the said parties, and duly deliberated thereupon, do hereby award, de- termine and order, that (insert the decision of the arbitrators). And we do further require the payment by (name party) of our fees and expenses as such arbitrators, to-wit : the sum of dollars, for days' attendance of each of us as such arbitrators, and the sum of dollars for expenses, to-wit (naming same). In witness whereof, we have hereunto set our hands (and seals) this day of , i } (Signatures of arbitrators.) In presence of H. A. (Acknowledgment or proof as in forms Nos. -Y I. All the arbitrators, selected as New York Code of Civil Procedure, prescribed by title 8 of chapter 17 of must meet together, and hear all the Award by Arbitrators. 359 allegations and proofs of the parties; the award to be enforced as pre- but an award by a majority of thera scribed by title 8 of chapter 17 of is valid, unless the concurrence of that statute. See, also, Gidley v. all is expressly required in the sub- Gidley (65 N. Y. 169). mission. Unless it is otherwise ex- In legal contemplation an award pressly provided in the submission, takes efTect when ready for delivery the award may require the payment, and the parties have been notified to by either party, of the arbitrators' that effect. (N. Y. Lumber, etc., Co. fees, not exceeding the fees allowed v. Schneider, 119 N. Y. 475.) to a like number of referees in the The authority to award against Supreme Court; and also their e\- one or both parties the costs of the penses. (N. Y. Code Civ. Proc, arbitration is incident to the general § 2371.) See, also, Brown v. Lyddy submission, and the arbitrators have (II Hun, 451); Lorenzo v. Deery (26 a right to hold the award as security id. 447). for the payment of their charges in 2. See as to acknowledgment, etc., the absence of a condition in the section 2372 of the New York Code agreement of submission to the con- of Civil Procedure, and other neces- trary. (Id.) sary requirements in order to entitle No. 271. Award by arbitrators, another form. (N. Y. Code Crim. Proc, §§ 2371, 2372.) (Title, as in form No. 270.) To all to whom these presents shall come or may concern : We (naming arbitrators), to whom was submitted as arbi- trators, the matter (or, matters) in controversy existing be- tween and , as by the conditions of their mutual bonds or obligations (or, by a submission in writing) executed by the said parties respectively, and sealed with their respect- ive seals, dated the day of , i , by reference thereto will more fully appear : Now, therefore, know ye, that we, the arbitrators men- tioned in said bonds, having heard the proofs and allegations of the said parties, and examined the matter (or, matters) in controversy by them submitted therein, do, therefore, make this award, in writing, that is to say, the said, etc. In witness whereof, we have subscribed these presents, '^ ^^ ° ' ^ ~" (Signatures of arbitrators.) In the presence of F. G. (Acknowledgment or proof as in form No. 89.) I. See notes to form No. 270. 360 Forms of No. 272. Bevocation of the powers of arbitrators. (N. Y. Code Civ. Proc, § 2383.) (Title, as in form No. 270.) To (naming arbitrators) : Take notice, that I hereby revoke your powers as arbitra- tors, under the submission made to you by and myself, by our mutual bonds (or, submission in writing), dated , I . Witness my hand (and seal) this day of J. D. [L. S.J I. See section 2383 of New York Code of Civil Procedure, as to this notice, which by that section is not required to be under seal. It is pro- vided by the same section, that a sub- mission to arbitration, made either as prescribed in title 8 of chapter 17 of that statute, or otherwise, cannot be revoked by either party, after the allegations and proofs of the parties have been closed, and the matter finally submitted to the arbitrators for their decision, also that any party to a submission may revoke it, whether he is a sole party to the controversy, or one of two or more parties on the same side. (By L. M., his agent.) A submission of disputes to arbi- trators, governed by common-law principles and rules, may be compe- tently made, notwithstanding the pro- visions of the Code of Civil Proced- ure on that subject; and the provis- ion of section 2383, making a sub- mission irrevocable by either party, after their allegations and proofs have closed, and the matter has been finally submitted, applies to such a submission. (N. Y. Lumber, etc., Co. V. Schneider, 119 N. Y. 475.) See, also, as to revocation. People, ex rel. Union Insurance Co. of Phila- delphia, V. Nash (ill N- Y. 310). No. 273. Notice of revocation of powers of arbitrators. (N. Y. Code Civ. Proc, § 2383.) To E. F. : Take notice, that I have this day revoked the powers of (naming arbitrators), arbitrators chosen to settle (the) mat- Award by Arbitrators. 361 ters in controversy between us, by an instrument of revoca- tion, of which the following is a copy.' Dated , i . Yours, etc., J.D. (Here insert copy of revocation.) I. See note i to form No. 272. N. Y. Code of Civil Procedure; and See, as to liability of party who re- see, also, People, ex rel. Union Ins. vokes to the other party or parties to Co. of Philadelphia, v, Nash (in N. the submission, §§ 2384 and 2385, Y, 310). Banks. See Corporations. 46 362 Forms of CHAPTER XI. Forms of Bills of Sale. No. 374. Bill of sale of goods and chattels, with covenant of warranty. 275. Bill of sale of a United States registered vessel. 276. Same, of a United States enrolled vessel. 277. Bill of sale of personal property by brother to sister, in consid- eration of the maintenance of the vendor during his life. No. 274. Bill of sale of goods and chattels, with covenant of warranty. Know all men by these presents, that I, M. E., of, etc., party of the first part, for and in consideration of the sum of doHars, to me in hand paid by E. F., of, etc., party of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, have bargained, sold, granted, conveyed, assigned and deliy- ered, and by these presents do grant, etc., unto said E. F., the following goods and chattels, viz. (describing them), (or, the goods and chattels described in a schedule hereto annexed, marked " A "), to have and to hold the said goods and chattels, and each and every of them, unto the said party of the second part, his executors, adminis- trators and assigns forever [subject, however, (stating any claims or liens upon the goods, etc.)] (And I do hereby warrant the said horse to be sound in every respect, and without vice or blemish, and that he is well broken and kind and gentle in double and single harness and under the saddle.)^ And I do hereby covenant, for myself and my executors and administrators, to and with the said party of the second part, to warrant and defend the said goods ,and chattels above described, hereby sold unto the said party of the sec- Bills of Sale. 363 ond part, his executors, administrators and assigns, against all and every person and persons whomsoever. In witness, etc. (as in form No. 30). M. E. [L. S.] Signed, sealed and delivered in presence of F. G. (Acknowledgment or proof as in forms Nos. 6, etc.) Schedule " A," referred to in annexed assignment. The following is a schedule of all the goods and chattels referred to in and conveyed by the annexed bill of sale (de- scribing and enumerating the goods). Dated , i M. E. (Signature of vendor.) I. This covenant is intended for sale of a chattel. (Scranton v. Clarke, insertion in case of the sale and trans- 39 N. Y. 220, afF'g S. C, 39 Barb. fer of a horse. 273; Sweetman v. Prince, 26 N. Y. See note i to form No. 188, for 224, 230.) provisions of the statute of frauds of The rule is otherwise, however, if New York State. the chattel sold is not in the posses- Any words importing a bargain, sion of the seller at the time of the whereby the owner of a chattel signi- sale. (Scranton v. Clark, supra.) fies his consent to sell and another And it makes no difference that person signifies his consent to buy the chattel subsequently came into it, at present, for a specified price, his possession. (Id.) would be a sale and transfer of the Where an express warranty is right to a chattel, except for the stat- given, a broader one cannot be im- tute of frauds. (De Fonclearv. Shat- plied. (Prentice v. Dike, 6 Duer, tenkirk, 3 Johns. 170.) 220.) A warranty of title is implied in the No. 275. Bin of sale of a United States registered vessel. To all to whom this present bill of sale may come, greeting : Know ye, that I, A. B., of, etc., owner (or, we, A. B., of, etc. (^), and C. D., of, etc. (^) owners) of the bark (or, vessel) called The (insert name), for and in consideration of the sum of dollars, to me (or, to us) in hand paid by E. F., of, etc., at or before the ensealing and delivery of these presents, the receipt whereof I (or, we) do hereby acknowledge, and 364 Forms of am (or,- are) therewith fully satisfied and contented, have granted, bargained and sold, and by these presents do grant, bargain and sell, unto the said C. D., all the hull and body of the said bark, etc., now lying at the port of , together with all and singular, her tackle, apparel and furniture, and all other necessaries thereunto belonging or appertaining, the certificate of whose registry is as follows, viz. : No. . Permanent. In pursuance of an act of the Congress of the United States of America, entitled " An act concerning the regis- try and recording of ships or vessels, A. B., of the (city) of , in the county of , and State of , having taken and subscribed the oath (or, affirmation) required by the said act ; and having sworn (or, affirmed) that he, said A. B., is the owner (or, that they, the said A. B. {^) and C. D. (|), of said place, are the owners) of the ship (or, vessel) called The , of , whereof M. N. is at present master, and is a citizen of the United States ; and that the said ship (or, vessel) was built at in the State of , in the year i , as per register No. , issued this day at this port, now canceled, property changed. And said register having certified that the said ship (or, vessel) has decks and masts, and that her length is feet and inches, her breadth feet and inches, her depth feet and inches ; and that she measures tons ; that she is a (bark), has a stern, no galleries and head, and the said (A. B.) having agreed to the description and admeasurement above specified, and sufficient security having been given, according to the said act, the said (bark) has been duly registered at the port of . Given under our hands and seals, at the port of , this day of , in the year one thousand hundred and To have and to hold the said granted and bargained (bark) -, with all the appurtenances, unto the said C. D., his heirs, executors, administrators or assigns, to his and their only proper benefit and behoof forever, and I, the said Bills of Sale. 365 A. B. (or, we, the said A. B. and C. D.) do hereby avouch myself (or, ourselves) to be the true and only lawful owner (or, owners) of the said (bark) and her appurtenances, and that I have in me (or, that we have in us) full power, good right and lawful authority to dispose of the said (bark) and her appurtenances in manner as aforesaid. And furthermore, I, the said A. B. (or, we, the said A. B. and C. D.) do hereby (jointly and severally) covenant and agree to and with the said C. D., to warrant and defend the said (bark) and appur- tenances, against the lawful claims and demands of all per- sons whomsoever. In witness whereof, I, the said A. B. (or, we, the said A. B. and C. D.) have hereunto set my (or, our) hands and seals, the day of i } A. B. [L. S.J C. D. [L. s.] Signed, sealed and delivered m presence of G. H (Acknowledgment, etc., as in forms Nos. 6, etc.)^ I. Vessels engaged in the foreign trade are registered, and those en- gaged in the coasting and home trade are enrolled; and the words " regis- ter" and " enrollment " are used to distinguish the certificates granted to these two classes of vessels. (The Mohawk, 3 Wall. 566.) See, also. United States v. The Forrester (Newb. Adm. 81). Evety vessel of the United States which is afloat is bound to have with her, from the officers of her home port, either a register or an enrollment. If found afloat, whether by steam or sail, without one or the other of these, and without the right one with reference to the trade she is engaged in, or the place where she is found, she is not entitled to protec- tion under the laws of the United States, but is liable to seizure for such violation of the law; and in a foreign jurisdiction, or on the high seas, can claim no rights as an American vessel. (Badger v. Gutierez, III U. S. 734.) As to what vessels are entitled to registry and where and how they are to be registered, see United States Revised Statutes, §§ 4132-4136, 4141- 4158. For provisions in regard to regis- try of vessels sold to or becoming the property of foreigners ; registry of vessels sold, or transferred, while without the limits of the United States; and new registry upon sale or alteration of vessel, see id., §§ 4165, 4166, 4170, 4172. All bills of sale of vessels regis- tered or enrolled shall set forth the part of the vessel owned by each person selling and the part conveyed to each person purchasing. (Id., § 4196-) 2. It is provided by section 4193 of the United States Revised Stat. 366 Forms of utes, that no bill of sale, mortgage above provisions, only for the pur- hypothecation, conveyance or dis- pose of authenticating it for record ; charge of mortgage or other incum- as between the parties, or as against brance of any vessel shall be re- other persons having actual notice it corded, unless the same is duly ac- is valid without acknowledgment or knowledged before a notary public record. (Moore v. Simonds, 100 U. or other officer authorized to take ac- S. 145.) knowledgment of deeds. That the filing of a chattel mort- By section 4192, id. , the bill of sale, gage on a vessel, under a State law of etc., must be recorded in the office New York regarded as notice, does of the collector of the customs where not ailect third parties unless the such vessel is registered or enrolled, owner continues to reside in the in order to be valid against any other State, see Thomas v. Kosciusko (11 person than the grantor, etc., his heirs N. Y. Leg. Obs. 38.) and devisees. See, also, §§ 4194, The bill of sale of an unregistered 4195, id., as to certified topies of the or unenroUed vessel does not diflfer records, etc. from an ordinary bill of sale, as in The acknowledgment of a mort- form No. 274. gage of a vessel is needful, under the No. 276. Bill of sale of TTuited States enrolled vessel. To all to whom this present bill of sale shall come, greeting : Know ye, that I, A. B., of, etc., sole owner (or, that we, A. B., of, etc., ^, and C. D., of, etc., ^, owners) of the (de- scribing vessel) or vessel called The (insert name of vessel) of the burden of tons or thereabouts, for and in considera- tion of the sum of dollars, lawful money of the United States of America, to me (or, to us) in hand paid by E. F., of, etc., before the ensealing and delivery of these presents, the receipt whereof I (or, we) do hereby acknowledge, and am (or, are) therewith fully satisfied and contented, have granted, bargained and sold, and by these presents do grant, bargain and sell, unto the said E. F., all the hull and body of the said (describing vessel) or vessel, now lying at the port of , together with all her tackle, apparel, furniture and all other necessaries thereunto appertaining and belonging, the certificate of whose enrollment is as fol- lows, viz. : No. . Enrollment in conformity to an act of the Congress of the United States of America, entitled " An act Bills of Sale. 367 for enrolling and licensing ships or vessels to be employed in the coasting trade and fisheries, and for regulating the same." A. B., of the city of , in the county of , and State of , having taken and subscribed the oath required by said act, and having sworn that he is a citizen of the United States, and is sole owner (or, that said A. B. and C. D. are the owners, each of one-half) of the (describing vessel), called The (insert name of vessel), of , whereof M. N. is master, and as he hath sworn is a citizen of the United States, and that said (describing vessel) or vessel was built at , in the State of , in the year i , as per enrollment No. , issued at this port. And said A. B. having certified that the said (describing vessel) or vessel, has deck and masts, and that her length is • feet and inches, her breadth feet and inches, her depth feet and inches, and that she measures tons ; and that she is a square-sterned schooner, has a round tuck, no galleries and a billet head ; and the said A. B. having agreed to the description and ad- measurement above specified, and sufficient security having been given according to the said act, the said (describing ves- sel) has been duly enrolled at the port of . Given under hand — and seal — at the port of , this day of , in the year one thousand hundred To have and to hold the said granted and bargained and premises, with the appurtenances, unto the said , heirs, executors, administrators or assigns, to only proper use, benefit and behoof forever. And , the said , do avouch to be the true and lawful owners of the said and her appurtenances, and have in full power, good right and lawful authority to dispose of the said and her appurtenances, in manner as aforesaid. And furthermore, , the said, do — hereby covenant and agree to war- rant and defend the said and appurtenances against the lawful claims and demands of all persons whatsoever, unto the said . 368 Forms of In witness whereof, , the said , ha — hereunto set hand — and seal — , the day of , in the year of our Lord one thousand hundred and • (Signature of owner.) Signed, sealed and delivered in presence of (Acknowledgment or proof as in forms Nos. 6, etc. I. See notes to last form. No. 275. No. 277. Bill of sale of personal property by brother to sister, in con- sideration of the natural love and affection and mainte- nance of the vendor during his life. Know all men by these presents, that I, A. B., etc., in con- sideration of the natural love and affection which I have and bear for my sister, C. B., and also for divers other good causes and considerations, me, the said A. B., hereunto mov- ing, have given, granted and confirmed, and by these presents do give, grant and confirm unto the said A. B., all and singu- lar my goods, chattels, leases and personal estate whatsoever, in whose hands, custody or possession so ever they be : To have, hold and enjoy all and singular the said goods, chat- tels and personal estate aforesaid unto the said C. B., her executors, administrators and assigns, to the only proper use and behoof of the said C. B., her executors, administrators and assigns forever. And I, the said A. B., all and singular the said goods, chattels, personal estate and other the prem- ises to the said A. B., her executors, administrators and as- signs against me, the said C. B., my executors and administra- tors and all and every person and persons whatsoever shall and will warrant and forever defend by these presents ; of all and singular which said goods, chattels, personal estate and other the premises I, the said A. B., have put the said C. B., in full possession by delivering to her one pewter dish, at the time of the sealing and delivery of these presents, in the name of the whole premises hereby granted. (*) In witness, etc. (as in form No. 30). A. B. [L. S.j Sealed and delivered in presence of E. F. (Acknowledgment, etc., as in forms Nos. 6, etc.) Bills of Sale. 369 [As above, to (*), and from thence as follows : And in con- sideration of the premises, I, the said C. B., do hereby cove- nant, for myself, my executors and administrators, with the said A. B., that I will support and maintain, and comfortably and sufficiently clothe the said A. B., and in all respects care for and provide for him during the remainder of his natural life, and that I will pay to him the sum of dollars, on the days of and in each and every year during his said life. The said A. B. is, however, to reside in the said county of , unless proper and sufficient board, lodging and maintenance cannot be obtained in that county. In witness, etc. (as in form No. 163). A. B. [l. s.] C. B. [l. S.] Sealed and delivered in presence of , M. H. (Acknowledgment as above.)] 47 370 Forms of CHAPTER XII. Forms of Bonds. No. 278, Common form of bond. 279. Bond with condition to pay money at different times. 280. Same, with condition to Iceep mortgaged premises insured, and to assign the policy, etc. 281. Same, with condition to execute a conveyance. 282. Same, with condition of indemnity to a surety in a bond. 283. Same, with condition to indemnify on payment of a lost note. 284. Bond of indemnity to a sheriff. 285. Bond with condition for payment of an annuity. 286. A bottomry bond. 287. A respondentia bond. 288. Bond with condition to maintain a person during life. 289. Same, with condition to procure an heir, etc., to convey when of age, and for quiet enjoyment. 290. Same, with condition to marry a person, or pay, etc. J 201. Same, with condition for performance of covenants. 292. Bail bond. 293. Bond with condition for jail limits. 294. Auctioneer's bond. 295. A penal bill. 296. A single bill. 297. Bond by legatee to executor when legacy is to be paid within one year, etc. 298. Bond on bringing suit for legacy. 299. Same, by a minor. 300. Bond of a general guardian. 301. Arbitration bond. 302. Bond of executor or administrator. 303 Bond of guardian ad litem in partition suit. 304. Same, in suit brought for a legacy. (See form No. 298.) 305. Bond of receiver. 306. Bond by guardian before receiving property. 307. Bond in action or special proceeding, general form. 308. Bond of assignee for creditors. 309. Bond of commissioner of highways. 310. Bond of new trustee appointed in place of deceased trustee of express trust. \: Bonds. 37 i No. 311. Same, of trustee appointed in place of one whose resignation has been accepted. 312. Bond of auctioneer upon his appointment. (See form No. 263.) 313. Bond of sheriff. 314. Same, of deputy sheriff. 315. Bond to a town for support of a child. 316. Bond of a treasurer of a corporation. 317. Bond with warrant of attorney to confess judgment. 318. Bond of railroad corporation. 3x9. Bond of railroad corporation secured by mortgage. 320. Coupon to be annexed to bonds, forms Nos. 318, 319. No. 278. Common form of bond. Know all men by these presents, that I, A. B., of the •city of and State of , merchant, am held and firmly bound unto C. D., of the said city, gentleman (or, unto the people of the State of New York), in the sum of one thousand dollars (this amount is called the penal sum, and is commonly double the amount of the real debt, in order to cover interest, costs and other contingencies) good and law- ful money of the United States, to be paid to the said^. D. (or, to the said people), his (or, their) certain attorney, execu- tors, administrators and assigns, to which payment, well and truly to be made, I do bind myself, my heirs, executors and administrators, and every of them, firmly by these presents. Sealed with my seal, dated the (first) day of , A. D., one thousand hundred and . (f) The condition of this obligation is such that if the above-bound A. B., his heirs, executors or administrators, or any of them, shall and do well and truly pay or cause to be paid, unto the above-named C. D. (or, unto the said people), his (or, their) certain attorney, executors, administrators and assigns, the just and full sum of dollars, lawful money aforesaid, with legal interest for the same, on or before the (first) day of in the year of our Lord one thousand hundred and , without fraud or further delay, then 372 Forms of this obligation to be void and of no effect, or else to remain and be in full force and virtue. • In witness whereof, etc. (as in form No. 30.)' A. B. [L. s.] Signed, sealed and delivered in presence of E. F. (Acknowledgment, etc., as in forms Nos. 6, etc.) I. A bond given to a sheriff to ob- As to the principal debtor in a tain a release of a party detained on money bond, the amount secured by attachment, is sufficient to sustain an action against the obligor, not- withstanding, the omission of a seal. (Kelly V. McCormick, 28 N. Y. 318, affg S. C, 2 E. D. Smith, 503.) See, also, Stegman v. HoUingsworth (39 N. Y. State Rep. 18; S. C, 14 N. Y. Supp. 465); Town of Solon v. Wil- liamsburgh Sav. Bank (114 N. Y. 122) ; Hyatt v. Dusenbury (12 Civ. Pro. R. (Browne) 152) ; Board of Education of Fairport v. Fonda (77 N. Y. 350); Northrup v. Garrett (17 Hun, 4^) ; People v. Groat (22 id. 164). But the giving of a bond in the f6rm prescribed by the statute in re- lation to justices' courts (2 N. Y. R. S the condition is the real debt which he is both legally and equitably bound to pay, whether it be more or less than the formal penalty of the bond. (Mower v. Kip, 6 Paige, 88 ; Tazewell v. Saunders, 13 Gratt. 354, 366. J As a general rule, however, the surety in a bond is not liable beyond the amount of the penalty, although the principal and interest due by the condition of the bond exceeds that amount. But it seems that interest, by way of damages for the detention of the debt, during the time the de- fendant delays its collection by an improper or protracted litigation, 230, § 29) being necessary to confer may be recovered even as against a jurisdiction upon the Marine Court of the city of New York to issue an attachment, an instrument without a seal is not sufficient, and an attach- ment issued thereon is void. (Tiffany V. Lord, 65 N. Y. 310.) On a bond in a penalty of one thousand dollars, conditioned for the payment of five hundred dollars, in case of the breach of an agree- ment referred to, the sum mentioned in the bond is not to be regarded as a penalty, but as liquidated damages. (Cotheal v. Talmage, g N. Y. 551, affg S. C, I E. D.Smith, 573; Smith V. Smith, 4 Wend. 468.) The condition of a bond, as well after as before forfeiture, is the amount due upon it. (Strang v. Holmes, 7 Cow. 224.) surety. (Mower v. Kip, supra.) In an action against principals on a bond for the recovery of money only, when the sum actually due by the condition, without interest, equals the penalty of the bond, interest can be recovered as damages beyond the penalty. The penalty does not al- ways limit the recovery. (Lyon v. Clark, 8 N. Y. 148, aff 'g S. C, i E. D. Smith, 250.) But in an action against a surety upon a bond for the breach of a con- dition other than the payment of money, the statute (2 R. S. 378, § 5 et seq.) provides that there be proof of, and a finding of the actual dam- ages sustained, and though judgment be entered for the penalty, that there should be further judgment for exe- Bonds. 373 cution for the damages assessed ; the penalty is the limit beyond which the liability of the surety will not go if he is prompt to pay it, and actual damage only up to the amount of the penalty and interest thereon, can in any case be recovered. (Beers v. Shannon, 73 N. Y. 292, rev'g S. C, 12 Hun, 161.) The statute referred to in the above decision has been repealed by ch.ip- ter 245 of the Laws of 1880. See Republic of Mexico v. Ockershausen (37 Hun, 533, 535). Section igi 5 of the New York Code of Civil Procedure provides that a bond in a penal sura, executed within or without the State, and containing a condition to the effect, that it is to be void, upon performance of any act, has the same effect, for the pur- pose of maintaining an action or special proceeding, or two or more successive actions or special pro- ceedings thereupon, as if it con- tained a covenant to pay the sum, or to perform the act, specified in the condition thereof. But the damages to be recovered for a breach, or suc- cessive breaches, of the condition cannot, in the aggregate, exceed the penal sum, except where the con- dition is for the payment of money; in which case, they cannot exceed the penal sum^ with interest there- upon, from the time when the de- fendant made default in the perform- ance of the condition. See, also, Smedes v. Hooghtaling (3 Caines, 48) ; Brainard v. Jones (18 N. Y, 35) ; Hood V. Hayward (124 id. i; S C, 26 Abb. N. C. 271; 24 N. Y State Rep 229; 20 Civ. Proc. Rep. 47); Cleveland v. Burnham (25 Northwestern Rep., Wise, 1885.) One who signs as surety a bond which mentions no other surety nor leaves a blank, etc., for any other name, cannot defend on the ground that he signed on condition that an- other person should also be surety, when the person to be secured was a minor, and, therefore, incapable of receiving or being charged with no- tice. (Bangs V. Bangs, 41 Hun, 41.) The true rule stated to be that when there is nothing upon the face of the paper indicating that other sureties were expected to become parties to the instrument, and no fact is brought to the knowledge of the obligee before he accepts the in- strument, calculated to put him on his guard in respect to that point, and to induce him, in the exercise of ordinary and reasonable caution and prudence, to make inquiry be- fore accepting the security, the fault cannot be said to rest to any extent upon the obligee, and the failure to procure other sureties is no defense. (Id.) Sureties who signed a bond, ex- pecting another person to execute it, as a co-surety, and left it with the principal, who delivered it to the obligee, without its being executed by such third person, held, liable, as they placed it in the power of the principal to make the delivery (Rus- sell V. Freer, 56 N. Y. 67.) The fact that the name of such in- tended surety was erased from the body of the bond, held, not sufficient notice to put the obligee upon in- quiry. (Id.) The omission of a penalty in a bond, held, not to affect its validity. The only effect was to make the liability commensurate with the condition. (Dodge V. St. John, 96 N. Y. 260.) The indorsement upon a bond " for value received, we become jointly liable in all respects with the original makers of the within bond," not under seal, signed by others than 374 Forms of the original obligors of the bond, obligors and necessary parties to an held, in view of the intent of the par- action on the bond. (Brown v, ties as indicated by the circumstances, Champlin, 66 N. Y. 214.) not to make such indorsers joint No. 279. Same, with, condition, to pay money at diSerent times. As in form No. 278, to (f ) and from thence as follows : The condition of this obligation is such that if the above bound A. B., his heirs, executors or administrators, or any of them, shall well and truly pay, or cause to be paid, unto the above-named C. D., his executors, administrators or as- signs, the just and full sum of dollars, lawful money as aforesaid, in manner following, to-wit : dollars, part thereof, on the day of next ensuing the date hereof ; dollars more thereof, on the day of then next following, and dollars, the residue, and in full payment thereof on the day of , which will be in the year of our Lord, one thousand hundred and ; (with legal interest, at the time of each payment, upon all the principal then remaining unpaid), then this obligation to be void ; but if default shall be made in the payment of any or either of the said sums on the days and times hereinbefore mentioned and appointed for payment thereof respectively, then this bond shall remain in full force and virtue. In witness, etc., as in last form. No. 278.^ A. B. [L. S.] Signed, sealed and delivered in presence of E. F. (Acknowledgment, etc., as is forms Nos. 6, etc.) I. Where the condition of a bond payment was to be made. (Fellows dated December 14, 1833, was that v. Harrington, 3 Barb. Ch. 652.) the obligor should pay to the obligee See, also, as to construction of the sum of $3,200, to be paid in man- bonds for payment of money by in- ner following, viz.; $1,000 on the stallments, French v. Kennedy (7 first day of April next, the remainder Barb. 452); Lanning v. Cole (8 How. in four annual payments thereafter, Pr. 148) ; Cook v. Clark (68 N. Y. of $550 each, interest annually ; held, 178, aff'g S. C, 3 Hun, 247); Archi- that the obligee was not entitled to bald v. Thomas (3 Cow. 284); Farm- any Interest during the interval be- ers' Loan and Trust Co. v Hunt (16 tween the date of the bond and the Barb. 514) ; and see note i to last 1st of April, 1834, when the first form. No. 278, generally as to bonds. Bonds. 375 No. 280. Same, with ooudition to keep mortgaged premises insured, and to assign the policy, etc. As in form No. 278, to (f ) and from thence as follows : Whereas, by a certain indenture of mortgage bearing even date herewith, the said A. B., as collateral security for the payment of the sum of money hereinafter mentioned, hath mortgaged to the said C. D. all that certain lot, piece or parcel of land situate, etc. (describing the premises as in the mortgage) (or a certain lot, etc., described in the said mort- gage, as by reference thereto will more fully appear) : Now, therefore, the condition of this obligation is such that if the said A. B., his heirs, executors or administrators do, and shall well and truly pay, or cause to be paid, to the said C. D., his executors, administrators or assigns, the sum of dollars, lawful money of the United States, (stating the time or times and manner of payment) without fraud or other delay ; and shall also keep a certain brick dwelling- house, etc. (describing the building intended) or (the build- ings now standing or hereafter to be erected on the said mortgaged premises) insured against loss or damage by fire in some solvent incorporated insurance company in this State, so long as the sum of money herein mentioned, or any part thereof, shall remain unpaid, to the amount of dollars at least, and shall assign and keep as- signed to the said C. D., his executors, administrators or assigns, th,e policy or policies of such insurance, so that there shall be at all times while the said sum of money herein mentioned, or any part thereof, shall be or remain unpaid in the hands or possession of the said C. D., his, etc., a good and sufficient policy or policies of insurance as above men- tioned, then this obligation to be void, otherwise to be and remain in full force and virtue. And in case of failure of said A. B. so to insure, the said C. D. may effect or continue such insurance in the name of said A. B., or otherwise, and the premium paid therefor shall be charged and become a part of the said principal sum herein secured to be paid. 3/6 Forms of And it is further provided that in case any installment of principal, or any part thereof, or any interest moneys, or any part thereof, hereby secured to be paid, shall remain due and unpaid for the space of sixty days, after the same shall by the terms hereof become due and payable, that then, and in that case the whole principal sum hereby secured to be paid, together with the interest thereon, shall (at the option of the said obligee, his executors, etc.), become due and payable forthwith, any thing herein contained to the contrary not- withstanding.^ In witness, etc. (as in form No. 30). A. B. [L. s.] Sealed and delivered in presence of G. H. (Acknowledgment, etc., as in forms Nos. 6, etc.) I . That such a condition is valid See, also, note i to form No. 278, as see Rubens v. Prindle (44 Barb. 336). to bonds generally. No. 281. Send ■with condition to execute a conveyance. As in form No. 278, to (f ) and from thence as follows : The condition of this obligation is such, that if the said A. B., on or before the day of next ensuing the date hereof, or in case of his death before that time, if the heirs of the said A. B., within three months, next after his decease (if such heirs shall be then of full age, or if within age, then within three months after such heirs shall be of full age), shall and do, upon the reasonable request and at the charges of the said C. D., his heirs and assigns, make, execute and ac- knowledge, or cause so to be, all and every such deed or deeds, conveyance or conveyances whatsoever, which shall be needful for conveying and confirming unto the said C. D., his heirs and assigns, a good, absolute and indefeasible estate of inheritance in fee-simple, clear of all incumbrances of and in a certain messuage, etc., with the appurtenances ; and if in the meantime and while and until the same deed or deeds shall be executed, the said A. B., his heirs and assigns, shall and do Bonds. 377 permit and suffer the said C. D., his heirs and assigns, peace- ably and quietly to have, hold and enjoy the same messuage and tract of land, then the above obligation to be void or else it shall be and remain in full force and virtue. In witness, etc., (as in form No. 30.)' A. B. [L. S.] Sealed and delivered in presence of G. H. (Acknowledgment, etc., as in forms Nos. 6, etc.) I. See note i to form No. 278. No. 282. Bond with condition of indemnity to a surety in a bond. As in form No. 278, to (f ) and from thence as follows : The condition of this obligation is such that whereas the above-named C. D., at the special instance and request of the above-bound A. B., and for his debt, together with and as well as he, the said A. B., are held and firmly bound unto a certain E. F., of, etc., in and by an obligation bearing even date herewith, in the penal sum of four thousand dollars, lawful money as aforesaid, conditioned for the true payment of two thousand dollars, like money, on or before the first day of May next ensuing the date of the said obligation, to- gether with lawful interest for the same as by the same obligation and condition thereof, relation being thereunto had, appears ; if, therefore, the said A. B., his heirs, executors or administrators, shall, on or before said first day of May, well and truly pay, or cause to be paid, unto the above- named E. F., his executors, administrators or assigns, the aforesaid debt or sum of two thousand dollars, with interest, in the discharge of the said recited obligation, and also shall from time to time, and at all times hereafter, well and suf- ficiently save, defend, keep harmless and indemnify the said C. D., his heirs, -executors and administrators, and his and their goods and chattels, lands and tenements of and from the said obligation, and of and from all actions, costs and 48 378 Forms of damages for or by reason thereof, then this obligation to be void, or else to be and remain in full force and virtue. In witness whereof (as in form No. 30.)' A. B. [L. S.] Sealed and delivered in presence of G. H. (Acknowledgment, etc., as in forms Nos. 6, etc.) I. See note i to form No. 278. No. 283. Bond, with oondition to indemnify on payment of a I'ost note. As in form No. 278, to (f) and from thence as follows : Whereas, the above-named E. F., by his promissory note signed by him for the said G. F., his father and himself, dated the day of , i , did promise to pay unto Y. Z. or order, dollars, sixty days after date, for value received, and such said note was afterward indorsed by the said Y. Z. and others, and became the property of A. B., of , as the said A. B. avers ; and whereas, the said A. B. al- leges he sent the said note by the mail on the day of last, to the above-named C. D., to be received by him for his, the said A. B.'s use ; which mail being robbed and the note not having been offered for payment, it is appre- hended the said note was stolen out of the said mails or otherwise lost ; and whereas, the said E. F. and G. F. have, on the day of the date hereof, at the request as well of the said A. B. as of the said C. D., and upon his, the said C. D., pro'mising to indemnify the said E. F. and G. F., and deliver up to them the said note to be canceled, when found, paid the said C. D. the sum of dollars, in full satisfaction and discharge of the said note (the receipt whereof the said C. D. does hereby acknowledge), the condition, therefore, of the above written obligation is such, that if the said C. D., his heirs, executors or administrators, or any of them, do and shall, from time to time, and at all times hereafter, save, de- fend and keep harmless and indemnified the said E. F. and G. F., their executors and administrators, of, from and against the said note of dollars, and of and from all costs, dam- Bonds. 379 ages and expenses that shall or may happen to arise there- from, and also deliver, or cause to be delivered up, the said note, when and so soon as the same shall be found, to be canceled, then, etc. In witness, etc. (as in form No. 30).^ A. B. [L. S.] Sealed and delivered in presence of G. H. (Acknowledgment, etc., as in forms Nos. 6, etc.) 1. As to undertaking in action fended by the people of the State, or upon lost negotiable paper under by a public officer in their behalf, New York Code of Civil Procedure, the people or the public officer may see section 1917 of that statute, and prove the contents of a lost note or see Scott v. Meeker (20 Hun, 171); bill of exchange by parol or other Frank v. Wessels (64 N. Y. 155); secondary evidence, and may recover Wright v. Wright (54 id. 437); Smith or set off the amount due thereupon, V. Young (2 Barb. 545); Desmond v. without giving any security to the Rice (i Hilt. 530). For form of such adverse party. (Id., § 1918.) undertaking see form No. 966, Lan- See, also, generally as to bonds, sing's Forms of Civil Procedure, note i to form No. 278. vol. 2. In action prosecuted or de- No. 284. Bond of indemnity to a sheriff. Know all men by these presents that we, A. B., C. D. and E. F., are held and firmly bound unto A. M., sheriff of the county of , in the sum of dollars, to be paid to said A. M., his executors, administrators or assigns, to which pay- ment, well and truly to be made, we jointly and severally bind ourselves, our heirs, executors and administrators, firmly by these presents. Sealed with our seals this day of in the year I . Whereas, a writ of fieri facias (or, of execution) issuing out of the Supreme Court of Judicature of the people of the State of New York, in favor of the above-named A. B. against Y. Z., hath been directed and delivered to the said A. M., sheriff of the county of , by virtue of which the said sheriff, at the request and by the direction of the said A. B., hath seized and levied on (or is about to seize and 38o Forms of levy on) certain goods and chattels alleged by the said A. B. to belong to the said Y. Z., but which are claimed by O. P. (or, by other persons) : Now, therefore, the condition of this obligation is such that if the said A. B. shall well and truly indemnify and save harmless the said A. M., the sheriff aforesaid, and his deputies, and the persons acting under his or their authority, and each and every of them, against all suits, actions, judgments, exe- cutions, troubles, costs, charges and expenses arising, or which may be had or made against him, them, or any of them, by reason or in consequence of such levy and seizure, or of the subsequent proceedings thereon, then this obliga- tion shall be void, otherwise it shall remain in full force and virtue.' A. B. [L. s.] C. D. [L. s.] E. F. [L. s.] Sealed and delivered in presence of E. F. (Acknowledgment or proof as in forms Nos. 6, etc.) I. As to extent of recovery by a (39 N. Y, Super. Ct. (J. & S.) 244); sheriff upon a bond of indemnity, Preston v. Yates (17 Hun, 92); Same see Chamberlain v. Beller (18 N. Y. v. Same (24 id. 534); Johnson v. Gil- 115); Horning v. Hoppock (15 id. bert (9 id. 469); Miles v. Brown 409, aff'g S. C, 3 Duer, 20); Grif- (37 N. Y. Super. Ct. (J. & S.) 400); fifths V. Hardenbergh (41 id. 464); Home Ins. Co. v. Watson (59 N. Y. Howe V. Wilkins(i05 id. 322); Alston 390); Dyett v. Hyman (37 State Rep. V. Conger (66 Barb. 272); Clark v. 251); S. C, 13 N. Y. Supp. 895); Woodruff (83 N. Y. 518, aflf'g S. C, Am. Surety Co. v. Thurber (121 N. 18 Hun, 419); Reilly v. Coleman (62 Y. 655), among other cases. How. Pr. 289); Chapman v. O'Brien No. 285. Bond for the payment of an annuity. ' As in form No. 278, to (f ) and from thence as follows : Whereas, the above bound A. B., on the day of the date of the above written obligation, has had and received to his own use, of and from the above-named C. D., the sum of (the receipt whereof is hereby acknowledged), in considera- tion whereof the said A. B. has agreed to pay the said C. D. Bonds. 381 an annuity, or clear yearly sum of , for and during his natural life, to be paid in the manner hereinafter mentioned (or, make other proper recitals, according to the facts) ; now " the condition of this obligation is such that if the above bound A. B., his heirs, executors and administrators, or any of them, do and shall, yearly and every year during the natural life of the said C. D., well and truly pay, or cause to be paid, to him, the said C. D., or his assigns, the clear yearly sum of , in quarter-yearly payments of , each payable on the first days of each and every January, April, July and October, in each and every year, which shall occur during the natural life of the said C. D. (and shall also pay the proportion of said annuity which shall accrue between the last payment to be made as aforesaid and the date of the death of the said C. D.), then this obligation shall be void ; but if default -be made in any of said quarter-yearly pay- ments, or any part of them, then the same shall remain and be in full force and virtue.^ A. B. [L. s.j Sealed and delivered in presence of G. H. (Acknowledgment or proof as in forms Nos. 6, etc.) I. See note i to form No. 278, gen- is not retrospective. (Irving v. Ran- erally as to bonds. As to apportion- kine, 13 Hun, 147.) ment of annuities, see chapter 542 It is well settled that at the com- (p. 616) of the Laws of New York of mon law there can be no apportion- 1875. ment of annuities. (Id.) The apportionment under that act No. 286. Bottomry bond. Know all men by these presents, that I, A. B., comman- der and two-thirds owner of the ship , for myself and C. D., remaining third owner of the said ship, am held and firmly bound unto E. F. in the penal sum of dollars, for the payment of which, well and truly to be made unto 382 Forms of the said E. F., his heirs, executors, administrators or assigns, I hereby bind myself, my heirs, executors and administra- tors, firmly by these presents. In witness whereof, I have hereunto set my hand arid seal this day of , in the year of our Lord one thousand hundred and . Whereas, the above bound A. B. hath borrowed, taken up and received of the said E. F., the full and just sum of dollars, which sum is to run at respondentia on the block and freight of the ship , whereof the said A. B. is now master, from the port or road of , on a voyage to the port of , having permission to touch, stay at and proceed to all ports and places within the limit of the voyage, at the rate or premium of per cent for the voyage. In consideration whereof, usual risks of the seas, rivers, ene- mies, fires, pirates, etc., are to be on account of the said E. F. And for the further security of the said E. F!, the said A. B. doth by these presents, mortgage and assign over to the said E. F., his heirs, executors, administrators and assigns, the said ship and her freight, together with* all her tackle, apparel, etc. And it is hereby declared that the said ship and her freight is thus assigned over for the security of the respondentia taken up by the said A. B., and shall be delivered to no other use or purpose whatever until payment of this bond is first made, with the premium that may be- come due thereon. Now the condition of this obligation is such that if the above bound A. B., his heirs, executors or administrators, shall and do well and truly pay, or cause to be paid, unto the said E. F., or to his attorneys in , legally authorized to receive the same, their executors, administrators or assigns, the full and just sum of dollars, being the principal of this bond, together with the premium which shall become due thereupon, at or before the expiration of ninety days after the safe arrival of the said ship at her moorings in , or in case of the loss of the said ship , such an average as by custom shall have become due on the sal^ vage ; then this obligation to be void and of no effect ; otherwise to remain in full force and virtue. Having signed Bonds. 383 to three bonds of the same tenor and date, the one of which being accomplished, the other two to be void and of no effect.* A. B., for self and C. D. [L. S.] Signed, sealed and delivered in the presence of G. H. I. K. I. A bottomry bond is a bona given for a loan of money upon the security of a vessel and its accruing freight, its payment being dependent upon maritime risks, to be borne by the lender. (Cole v. White, 26 Wend. 511.) See, also, The Draco (2 Sumn. 157). Whether the doctrine applies to navigation on the lakes, query? (Id.) The essential difference between a. bottomry and a simple loan is, that in the latter, the money is at the risk of the borrower, 'and must be paid at all events ; while in the former, it is at the risk of the lender during the voyage, and the right to demand payment depends on the safe arrival of the vessel. It is the fact that the perils of the sea are at the risk of the lender, which gives him the right of reserving any rate of interest agreed upon without incurring the penalties of usiny. (T^e Mary, i Paine, 671; The Atlantic, Newb. Adm. 514.) Though the form of bottomry bonds differs in different countries, in re- spect to the obligation of the owners the established doctrine in England and America is that the owners are not personally bound, except to the extent of the fund pledged which comes into their hands. To this ex- tent they may be said to be personally bound, as they cannot subtract the fund and refuse to apply it to the discharge of the debt. (The Virgin V. Vyfhius, 8 Pet. 538.) Where the value of the ship, being the only fund out of which payment can be made, falls short of the full amount due upon the bond, this is the misfortune of the lender, and not the fault of the owners; the latter are not to be personally responsible be- cause the fund turns out to be inade- quate. So held, on a bond made by the master as such. (Id.) A valid, bottomry bond may be made by the owner of a vessel, either in a foreign or home port. (The Draco, 2 Sumn. 157; The Mary, supra; The Panama, Olc. 343.) Such a bond is equally valid, whether made for a definite period of time, or for a specified voyage. (The Yixzco, supra.^ It is only when making a bottomry bond is a necessary step, abroad, that the master can give one. If the owner can be consulted he must be. (The Archer, 23 Fed. Rep. 350; 23 Blatchf. 186; The Giulio, 27 Fed. Rep. 31S.) An instrument cannot be enforced as a bottomry bond, in which the master binds himself absolutely, as well as the vessel and cargo, to repay the loan in a specified time, and does not set out any particular voyage, on which the amount shall be risked. (The Clotilde and cargo, i Hask. 412.) See, also, Braynard v. Hoppock (32 N. Y. 571, afFg 7 Bosw. 157); Northwestern Ins. Co. v. Ferward (36 N. Y. 139); Kelly v. Cushing (48 Barb. 269); 3 Alb. L. J. 480, as to validity of bottomry bonds. 384 Forms of No. 287. A respondentia bond. Know all men by these presents, that we, J. P. F., com- mander of the ship , in the service of , and P. D. of , are held and firmly bound to H. B. of , merchant, in the sum or penalty of dollars, of good and lawful money of the United States to be paid to the said H. B., or to his certain attorney, executors, administrators or assigns, to which payment well and truly to be made we bind our- selves jointly and separately, our heirs, executors and ad- ministrators, firmly by these presents. Sealed with our seals, dated this day of , in the year of our Lord, one thousand hundred and . Whereas, the above-named H. B. has on the day of the date above written, advanced and lent unto the said J. P. F. and P. D. the sum of dollars upon the goods and mer- chandises and effects laden and to be laden "on board the good ship or vessel called the , of the burden of or thereabouts, now riding at anchor in , outward bound to , and whereof J. P. F. is commander, by his accept- ance of a bill of exchange to that amount at date for the account of them, the said J. P. F. and P. D., now the condition of this obligation is such,. that if the said ship or vessel do and shall with all convenient speed proceed and sail from and out of the said , on a voyage to any port or place, ports or places in the , or elsewhere beyond the -, and from thence do and shall sail, return and come back into the said , at or before the end and expiration of calendar months to be accounted from the day of the date above written, and there to end her said intended voy- age (the dangers and casualities of the seas excepted), and if the said J. P. F. and P. D., or either of them, their or either of their heirs, executors or administrators, do and shall within days next after the said ship or vessel shall be arrived at her moorings in the said , from her said intended voyage, or at or upon the end and expiration of the said calendar months to be accounted as aforesaid Bonds. 385 (which of the said times shall first and next happen), well and truly pay or cause to be paid unto the said H. B., his exec- utors, administrators or assigns, the full sum of dol- lars of lawful money of the United States, together with dollars of like money per calendar month for each and every calendar month, and so proportionably for a greater or lesser time than a calendar month for all such time, and so many calendar months as shall be elapsed and run out of the said calendar months, over and above calendar months to be accounted from the day of the date above written, or if in the said voyage and within the said calendar months to be accounted as aforesaid an utter loss of said ship or vessel by fire, enemies, men-of-war, or any other casualties shall unavoidably happen, and the said J. P. F., and P. D., their heirs, executors or administrators, do and shall within calendar months next after such loss, well and truly account for (upon oath if required) and pay unto the said H. B., his executors, administrators or assigns, a just and proportionable average on all the goods and effects of the said J. P. F., carried from on board the said ship or vessel, and the net proceeds thereof and on all other goods and effects which the said J. P. F. shall acquire during the said voyage for or by means of such goods, merchandises and effects, and which shall not be unavoidably lost, then the above written obligation to be void and of none effect ; else to stand in full force and virtue.* J. P. F. [L. S.J P. D. [L. S.] Sealed and delivered in presence of G. H. (Acknowledgment, etc., as in forms Nos. 6, etc.) I. The word respondentia prop- arrival of the cargo at the port of erly applies only to a loan of money destination. The money raised upon secured upon the merchandise laden, it is for the purpose of the cargo only, or to be laden on board a ship, re- (Macl. Ship., 2d ed.,48.) See, also, payment thereof with maritime inter- note I to last form, No. 286. est, being made contingent on the 49 386 Forms of No. 288. Bond, with condition to maintain a person during life. As in form No. 278 to (f) and from thence as follows: The condition of this obligation is such that whereas the above bounden A. B., for and in consideration of a compe- tent sum of money to him in hand paid by the above-named C. D., hath agreed and undertaken to keep and maintain the said C. D. during his life ; if, therefore, the said A. B., his • executors or administrators, do, and shall from time to time and at all times hereafter during the natural life of the said C. D., well and sufficiently maintain and keep, or cause to be well and sufficiently maintained and kept, the said C. D., in the house of him, the said A. B., with meat, drink, clothes, and all other things necessary and convenient, then, etc., or else, etc' A. B. [L. s.] Sealed and delivered in presence of G. H. (Acknowledgment, etc., as in forms Nos. 6, etc.) I. See Stewart v. Cuyler (17 Barb. Hun, 251); Cornell v. Cornell (96 N. 482); Hawley v. Morton (23 id. 255); Y. 108), as to construction of such Exrs. of Schoonmaker v. Elmen- an agreement. See, also, note i to dorf (10 Johns. 49); Loomis v. Loomis form No. 278, as to bonds generally. (35 Barb. 624); Bennett v. Akin (38 No. 289. Bond with condition to procure an heir, etc., to convey when of age, and for quiet enjoyment. As in form No. 278, to (f) and from thence as follows: Whereas, the above-bound I. K., by indenture of bargain and sale (or, as the case may be), bearing even date herewith, and made between her, the said I. K., by the name of, etc., widow and relict of R. K., late of, etc., her late husband, deceased, of the one part, and the above-named R. H., by the name of R. H., etc., of the other part, for the considera- tion therein mentioned, hath granted, etc., unto the said R. H., etc., all that, etc., to hold the same premises unto, and to use of the said R. H., his heirs and assigns, forever. Bonds. 387 Now the condition of the above obligation is such that if E. K., the only child of R. K. (or, heir-at-law, etc., as the case may be), being now an infant of the age of years, or thereabouts, at any time or times, after she, the said E. K., shall have attained the age of twenty-one years, if then sole and unmarried, and if then married, the said E. K., and her husband, do and shall, at the request, costs and charges, of the said R. H., his heirs or assigns, duly execute all and every further conveyance and assurance, or do, commit and suffer, any and every act, deed, matter, or thing necessary for the full, complete and absolute conveyance, confirmation and assurance of the said messuages, hereditaments and prem- ises, etc., and every part thereof, unto and to the use of the said R. H., his heirs and assigns, discharged of all prior grants, charges and incumbrances, by the said E. K., or her said husband, done, committed, or suffered ; and if the said R. H., his heirs and assigns, shall and may, at all times here- after, peaceably and quietly, have, hold and enjoy all and singular, the said hereditaments and premises, and receive and take the rents, issues and profits thereof, to his and their own use, without any let, suit, interruption, claim or demand, of the said E. K., or any issue of her body, or any other per- son or persons having, or lawfully claiming, any estate, right, title or interest of, in or to the said hereditaments and prem- ises, or any part thereof, by, from or under her, the same E. K., or of the issue of her body, then, etc.^ A. B. [L. S.] Sealed and delivered in presence of G. H. (Acknowledgment, etc., as in forms Nos. 6, etc. I. See note i to form No. 278, as to bonds generally. No. 290. Bond with condition to marry a person or pay, etc. As in form No. 278, to (f ) and from thence as follows : The condition of this obligation is such that if the above- bounden A. B. do, on or before the day of , next 388 Forms of ensuing the date of the above-written bond or obligation, espouse and lawfully marry C. D., daughter of, etc., if she, the said C. D., will thereunto consent, and the laws of this State permit the said marriage to be consummated. Or, if it shall happen that the said A. B. shall not marry and take to wife the said C. D., as aforesaid ; if then .the said A. B. shall well and truly pay, or cause to be paid, to the said C. D., her executors, administrators and assigns, the full sum of, etc., of lawful money of , on or before the day of, etc., above mentioned. Then, etc., otherwise, etc.^ A. B. [L. s.] Sealed and delivered in presence of G. H. (Acknowledgment, etc., as in forms Nos. 6, etc.) I. See note i to form No. 278, as to bonds generally. No. 291. Bond, with condition for performance of covenants. As in form No. 278, to (f) and from thence as follows : The condition of this obligation is such that if the above- bound A. B., his heirs, executors and administrators, do, and shall in all things, well and truly observe, perform, fulfill, ac- complish, pay and keep, all and singular, the covenants, grants, articles, clauses, provisions, payments, conditions and agreements whatsoever, which, on the part and behalf of the said A. B., his heirs, executors and administrators, are, or ought to be, observed, performed, fulfilled, accomplished, paid and kept, comprised or mentioned in a certain inden- ture of, etc., bearing even date with the bond or obligation above written, and made or mentioned to be made between the said A. B., of the one part, and the above-named C. D., of the other part, according to the purport, true intent and meaning of the same, then, etc.^ A.B. [L.S.] Signed and sealed in presence of G. H. (Acknowledgment or proof, as in forms Nos. 6, etc.) I. See note i to form No. 278, generally as to bonds. Bonds. 389 No. 292. Undertaking to procure dlsoharge &om arrest. (N. Y. Code Civ. Proc, § 575, subd. i.) (Title of action.) Whereas, C. D., the defendant above named, has been ar- rested by E. D., the sheriff of the county of , under and by virtue of an order of arrest made in the above entitled action, by, etc., dated , i : Now, therefore, we, M. N., of, etc., merchant, and P. R., of, etc., banker, do hereby, jointly and severally, undertake, in the sum of dollars, that the said defendant, C. D., will obey the direction of the court, or of an appellate court, contained in an order or a judgment, requiring him to per- form the act specified in the said order of arrest ; or in de- fault of his so doing, that he will, at all times, render himself amenable to proceedings to punish him for the omission. In witness whereof, we have hereunto set our hands, this day of , I } M. N. P. R. (Acknowledgment as in form No.,89.y I. The statute, section 576 of the ing to become bail, concerning their New York Code of Civil Procedure, property and their circumstances, provides that it is not necessary that The examination must be reduced to the undertaking should be approved, writing, subscribed by the bail, and or accompanied with an affidavit of annexed to the undertaking, justification of the bail. But the of- See, also, Toles v. Adee (84 N. Y. ficer, taking the acknowledgment of 222); Carr et al. v. Sterling (114 id. the undertaking, must, if the sheriff 558, rev'g S. C, 21 J. & S. 255); Ha- so requires, examine under oath, to berstro v. Bedford (118 id. 187). a reasonable extent, the persons offer- No. 293. Bond, with condition for jail limits. As in form No. 284, to (f) and from thence, as follows-: Whereas, the above bounden A. B. is now in custody of the above-named sheriff, A. M., by virtue of a writ of execution against the person of the said A. B., issued out of the Su- 390 Forms of preme Court of Judicature of the State of (New York) (oi out of the County Court (or, Court of Common Pleas) in and for the county of , at the suit of G. H. against the said A. B., indorsed for the sum of dollars, tested the day of , , (or, instant) : Now, therefore, the condition of this obligation is s'uch, that if the above bounden A. B., so in custody of the above- named sheriff as aforesaid, shall remain a true and faithful prisoner, and shall not at any time or in any manner escape or go without the limits and boundaries of the liberties es- tablished for the jail of the county of , until discharged by due course of law, then this obhgation to be void, other- wise to remain in full force and virtue. A. B. [L. s.] C. D. [L. s.] E. F. [L. s.] Sealed and delivered in presence oP G. H. I. See note i to form No. 278, generally as to bonds. No. 294. Auctioneer's toond. See form No. 263. No. 295. Penal bill. Know all men by these presents, that I, C. D., do owe unto E. F. the sum of dollars, to be paid to the said E. F., his executors, administrators or assigns, with interest, on or before the next ; for the which payment well and truly to be made I bind myself, my heirs, executors and ad- ministrators, in the penal sum of dollars, firmly by these presents. In witness, etc., sealed, etc.* CD. [L. S.J (Acknowledgment, etc., as in forms Nos. 6, etc.) I. Sfee note i to form No. 278, as to bonds generally. Bonds. 391 No. 296. Single bill. Know all men by these presents, that I, C. D., do owe and am indebted to E. F. the sum of dollars to be paid to the said E. F., his executors, administrators or assigns, with interest on or before, etc. In witness, etc. (as in form No. 30).' C. D. [L. S.J Sealed and delivered in presence of G. H. (Acknowledgment, etc., as in forms Nos. 6, etc.) I. See note i to form No. 278, generally as to bonds. No. 297. Bond by legatee to executor, when legacy is to be paid within one year, etc. Know all men by these presents, that we, A. B., of the town of , in the county of , and State of New York, as principal, and C. D. and E. F., both of the town of , in the county of , and State aforesaid, as sureties, are held and firmly bound unto G. H., executor of the last will and testament of I. K., late of the town of , in the county of , and State aforesaid, deceased, in the penal sum of (this blank should be filled with a sum double the amount of the payment made) dollars to be paid to the said G. H., as such executor as aforesaid, or to his attorney, suc- cessors or 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, and dated this day of —, one thousand hundred and . Whereas, by the said last will and testament of the said G. H., deceased, a legacy of dollars is directed to be paid to the said A. B. (here state the time when the legacy is di- rected to be paid). And whereas, letters testamentary upon said will were granted by the surrogate of the county of , to the said G. H., on the day of , one thousand eight hundred and , being less than one year preceding this date. And whereas, the said G. H., as such executor 392 Forms of as aforesaid, upon the demand and at the request of the said A, B., has paid to him the whole amount of said legacy (or, dollars, being a portion of said legacy) : Now, therefore, the condition of this obligation is such that if in case any debts against the said deceased shall duly ap- pear, and which there shall be no other assets to pay, or in case there shall be no other assets to pay other legacies or not sufficient, that then the said A. B. shall refund the amount so as aforesaid paid to him by the said G. H., or such ratable proportion thereof with the other legatees, as may be necessary for the payment of the said debts and the proportional parts of such other legacies, if there be any, and the costs and charges incurred by reason of the payment to the said A. B., as aforesaid. And if in case the probate of said will under which such payment was made shall be re- voked, or said will declared void, the said A. B. shall refund the whole amount so as aforesaid paid to him by the said G. H., as such executor as aforesaid, with interest to the executor or administrator entitled thereto, then the above obligation to be void ; otherwise to remain in full force and virtue.* A. B. [L. s.] C. D. [L. s.] E. F. [L. s.] Sealed and delivered in the presence of G. H. (Acknowledgment, etc., as in forms Nos. 6, etc.) I. See note I to form No. 278, gen- granting of letters. And for bond to erally as to bonds, and see section be given upon such application, 2719 of New York Code of Civil see Lansing's Forms of Civil Proced- Procedure, as to compelling executor ure, v. 2, p. 1319, form No. 1473. to pay legacy within a year from the No. 298. The like upon bringing a suit for a legacy. Know all men by these presents, that we, A. B., of the town of , in the county of , and State of New York, as principal, and C. D. and E. F., both of the town of ■, in the county of , and State aforesaid, as sureties, are held and firmly bound unto G. H., executor of the will of I. K., de- ceased, in the penal sum of (the penalty must be double the Bonds. 393 amount of the legacy) dollars, to be paid to the said G. H., as such executor as aforesaid, or to his certain attorneys, successors or assigns. For which payment, well and truly to be made, we bind ourselves, our heirs, executors and ad- ministrators, jointly and severally, firmly, by these presents. Sealed with our seals and dated the day of , one thousand hundred and . Whereas, the said A. B. is about to commence a suit in the Supreme Court of Judicature of the State of New York (or, such other court as the fact may be) against the said G. H. as such executor as aforesaid, for the purpose of recovering the amount of a certain legacy of dollars, bequeathed to him in and by the last will and testament of the said I. K., deceased : Now, therefore, the condition of this obligation is such that if in case any debts owing by said testator shall hereafter be recovered, or duly made to appear, for the payment of which there shall be no assets other than the said legacy, and the said A. B. shall refund the said legacy in case the same shall be recovered by him in such action, or such ratable part or proportion thereof, with the other legatees and representa- tives of the deceased, as may be necessary for the payment of the said debts, and the costs and charges incurred by a recovery against such executor in any suit therefor. And, also, in case no sufficient assets shall remain after the payment of said legacy to pay any other legacy which may be due, and the said A. B. shall refund such ratable part or pro- portion of the legacy which shall be recovered by him, with the other legatees or other representatives of the deceased, as may be necessary, for the payment of the proportional part of such other legacy, then this obligation to be void ; otherwise to remain in full force and virtue.^ a t> r i A. B. [L. s.J C. D. [L. s.] E. F. [L. s.] Sealed and delivered in the presence of G. H. (Acknowledgment, etc., as in forms Nos. 6, etc.) I. See note i to form No. 278, as State by section 1819 of the Code of to bonds generally. In New York Civil Procedure, if, after the expira- 50 394 Forms of tion of one year from the granting of such an action against him as the case letters testamentary, or letters of ad- requires. A bond is required in the ministration, an executor or adminis- case of an action brought by a trator refuses, upon demand, to pay minor, to be given to the minor by a legacy or distributive share, the his guardian ad litem, for form of person entitled thereto may maintain which see next form, No. 299. No- 299. The like by a minor. Know all men by these presents, that we, A. B., of the town of , in the county of , and State of New York, as principal, and C. D. and E. F., both of the town of , in the county of , and State aforesaid, as sureties, are held and firmly bound unto G. H., an infant under the age of twenty-one years, of the town of , in the county of , and State aforesaid, in the penal sum of dollars, to be paid to the said G. H., or to his certain attorney, exec- utors, 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 day of , one thousand hundred and . (*) Whereas, the above-named A. B., as the guardian ad liiem (or, next friend) of the above-named G. H., is about to insti- tute a suit or action in the Supreme Court of Judicature of the State of New York (or, other court, as the case may be), against I. K., executor (or, administrator, as the case may be) of, etc., of L. M., deceased, to recover a certain legacy be- queathed by the said L. M., in and by his said will, to the said G. H. (or, to recover the distributive share to which the said G. H. is entitled as one of the next of kin of the said L. M., deceased, as the case may be) : Now, therefore, the condition of this obligation is such that if the above bounden A. B., as such guardian (or next friend) as aforesaid, shall duly account to the said G. H. when he arrives at the age of twenty-one years, or to his personal representatives in case of his death, for all moneys or propv- Bonds. 395 erty, which said guardian may receive by reason of such legacy (or, distributive share), then this obligation to be void ; otherwise to remain in full force and virtue.^ A. B. [L. s.j C. D. [L. s.] E. F. [L. s.] Sealed and delivered in the presence of G. H. (Acknowledgment or proof as in forms Nos. 89, afifidavits of justification and approval substantially as in form No. 302.) I. See note i to last form No. 298; see, also, note i to form No. 278, as to bonds generally. No. 300. Bond, of a general guardian. Know all men by these presents, that we, A. B., of the town of , in the county of , and State of New York, as principal, and C. D. and E. F., both of the town of , in the county of , and State aforesaid, as sureties, are held and firmly bound unto G. H., of the town of , in the county of , and State aforesaid, an infant under the age of twenty-one years, in the penal sum of dollars, to be paid to the said G. H., or to his certain attorney, execu- tors, 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 day of , one thousand hundred and . Whereas, the above bounden, A. B., has applied to the Surrogate's Court of the county of , to be appointed the general guardian of G. H., the infant above named, and by a decree of said court made on the day of , i , said A. B. was appointed such guardian on his executing and filing his bond as such guardian, with the sureties and upon the condition and in the penalty as mentioned by said decree : Now, therefore, the condition of this obligation is such that in case the said A. B., having been appointed such gen- eral guardian as aforesaid, shall faithfully in all things dis- 396 Forms of charge the duty of such guardian to such minor according to law, and shall render a just and true account of all moneys and property which shall be received by him as such guar- dian, and of the application thereof, and of his guardianship in all respects to any court having cognizance thereof, when thereunto required, then this obligation to be void, otherwise to remain in full force and virtue.' A. B. CD. E. F. [L. S.] [L. S.] [L. S.] [. i, etc., afifidavits Sealed and delivered in the presence 01 G. H. (Acknowledgment, etc., as in form No. 6, etc, and approval by surrogate, as in form No. 302.) I. See generally as to bonds, note see section 2830 of New York Code I to form No. 278 ; as to general of Civil Procedure, guardian's bond in New York State, No. 301. Arbitration bond, general form of. Know all men by these presents, that I, A. B., of, etc., am held and firmly bound unto G. H., of, etc. (or, that I, G. H., of, etc., am held and firmly bound unto A. B., of, etc.),' in the sum of dollars, lawful money of the United States of America, to be paid unto the said G. H., his executors, administrators or assigns ; for which payment well and truly to be made, I bind myself, my heirs, executors and adminis- trators, firmly by these presents. Sealed with my seal, and dated the day of , in the year i . The condition of this obligation is such (*) that if the above- bounden A. B. shall well and truly submit to the decision of M. N., etc. (naming arbitrators), selected and chosen arbitra- tors as well by and on the part and behalf of the said A. B., as of the said G. H., between whom a controversy exists, to hear all the proofs and allegations of the parties, of and concerning (state matters in controversy), and all matters relative thereto (with power to award the payment of costs and expenses of Bonds. 397 such arbitration). But before proceeding to take any testi- mony therein, the said arbitrators shall be sworn " faithfully and fairly to hear and examine the matters in controversy be- tween the parties to these presents, and to make a just award according to the best of their understanding," so as the award of the said arbitrators shall be made in writing, subscribed by them or any two of them, and duly acknowledged or proved and certified in like manner as a deed, to be recorded and ready to be delivered to the said parties (or, filed in the clerk's office, or, delivered to one of said parties or his attorney),^ on or before the day of , i (and if they should not make their award in writing on or before the day aforesaid, then, if the said A. B., his heirs, etc., do and shall well and truly perform and keep the award and umpir- age of such person as the said arbitrators shall choose for umpire, so as that the said umpire shall make his umpirage in writing, subscribed by him, and ready to be delivered to the parties aforesaid, on or before the day of fol- lowing), then the above obligation to be void. And it is hereby mutually agreed, by and between the parties to these presents, that judgment shall be rendered upon the award which may be made pursuant to this sub- mission, in the (Supreme Court, in the county of ),' to the end that all matters in controversy in that behalf, between the said parties, shall be finally concluded, pursuant to the provisions of the statute for determining controversies by arbitration, to-wit, of (title 8 of chapter 17 of the Code of Civil Procedure of the State of New York). A. B. [L. s.] Sealed and delivered in the presence of A. B. (Acknowledgment, as in form No. 89, or proof as in form No. 89.) 1. A bond is given by each of the 3. The county need only be named parties to the arbitration to the other, in case the judgment is to be entered 2. See section 2372 of New York in the Supreme Court. Code of Civil Procedure. 398 Forms of No. 302. Bond of executor or administrator. Know all men by these presents, that we, A. B., of, etc., merchant, C. D., of, etc., banker, and E. F., of, etc., merchant, are held and firmly bound unto the people of the State of New York in the sum of dollars, to be paid unto the said people, or to their certain attorney, successors and as- signs, for which payment, well and truly to be made, we jointly and severally bind ourselves, our heirs, executors and administrators, firmly by these presents. Sealed with our seals, this day of , i . The condition of this obligation is such (*) that if the above bounden A. B. shall faithfully discharge the trust reposed in him as executor of the will of M. N. (or, as administrator of all and singular the goods, chattels and credits of M. N.), late of the (city) of , deceased, and shall obey all lawful de- crees and orders of the Surrogate's Court of the county of , touching the administration of the estate committed to him as such executor or administrator, then the preceding obligation to be void, otherwise to remain in full force and virtue. A. B. [l. S.J C. D. [L. s.] E. F. [L. s.] Sealed and delivered in presence of G. H. (Acknowledgment, etc., as in forms Nos. 89, etc.; justifica- tion of sureties, as in form No. 220,) I hfereby approve of the foregoing bond, as to its form and manner of execution, and as to the sureties therein mentioned. Dated , i . A. O., Surrogate of county. No. 303. Bond of guardian ad litem in partition suit. As in form No. 302, to (*) and from thence as follows : That if the above bounden A. B. shall faithfully discharge the trust committed to him as guardian of the infant defend- Bonds. 399 ant C. H., in an action for partition in the Court, in which M. C. is plaintiff, and P. R. and others are defendants, and shall render a just and true account of his guardianship in any court or place when thereunto required, then this ob- ligation to be void, otherwise to be and remain in full force and virtue. A. B. [L. S.J C. D. [L. S.] E. F. [L. s.] Sealed and delivered in presence of J. K. (Acknowledgment or proof as in form No. 89 ; affidavits and approval as in last form, No. 302.) I. By section 1536 of New York is to be executed by one or more Code of Civil Procedure, the bond sureties to the people of the State. No. 304. Bond of guardian ad litem in suit brought for a legacy. Same as in form No. 299. No, 305. Bond of receiver. As in form No. 302, to (*) and from thence as follows : Whereas, by an order of the Court, of, etc., made at, etc., bearing date , i , in an action wherein M. B. was plaintiff, and C. R. and others were defendants, the above bounden A. B. was appointed receiver of all the partnership property of the late firm of M. B. & Co. (or, otherwise de- scribing property) : Now, therefore, the condition of this obligation is such, that if the above bounden A. B. shall faithfully discharge his duties as such receiver, then this obligation shall be void, otherwise to be and remain in full force and virtue. A. B. [L. s.] C. D. [L. s.] E. F. [L. s.] Sealed and delivered in presence of G. H. (Acknowledgment, etc., substantially as in form No. 89.) 400 Forms of No. 306. Bond by guardian before receiving property. As in form No. 302, to (*) and from thence as follows : The condition of this obligation is such, that, whereas, the said A. B. has been appointed as guardian ad litem of the said C. D., an infant defendant in an action now pending in the Court, between M. N., plaintiff, and said C. D. and others, defendants ; and, whereas, the said A. B. is about to receive, as such guardian, money to the amount of dol- lars (or, property to the value of dollars) : Now, therefore, if the said A. B. shall duly account for and apply the said money (or, property) when received by him, under the direction of the court, then this obligation to be void, otherwise to be and remain in full force and virtue.^ A. B. [L. s.j C. D. [L. s.] Sealed and delivered in presence of ' ' L -I M. B. (Acknowledgment, etc., as in form No. 89 ; justification by sureties and approval substantially as in form No. 302.) I. See New York Code of Civil to form No. 278, as to bonds gen- Procedure, § 474. See, also, note i erally. No. 307. Bond iu action or special proceeding, general form. As in form No. 302, to (*) and from thence as follows : The condition of this obligation is such, that if the above bounden, A. B., his heirs, etc., shall and do well and truly (insert condition of bond), then the preceding obligation to be void, otherwise to remain in full force and virtue.* A. B. [L. s.] C. D. [L. s.] p -p Ft s 1 Sealed and delivered in presence of • ■ L • -J G. H. (Acknowledgment, etc. as in form No. 89; justification by sureties and approval, substantially as in form No. 302.) I. See sections 810-812 of New see note i to form No. 278, generally, York Code of Civil Procedure, and as to bonds. Bonds. 401 No. 308. Bond of assignee for creditors. As in form No. 302, to (*) and from thence as follows : The condition of this obligation is such, that, whereas, the above bounden A. B. was, by an assignment, made to him by C. D. of said city, made assignee for the creditors of said C. D., and duly accepted said assignment and assented thereto : Now, therefore, the condition of this obligation is such, that if the said A. B. shall faithfully discharge his duties as such assignee, and shall duly account for all moneys re- ceived by him, without fraud or delay, then the preceding obUgation to be void, otherwise to remain in full force and virtue.i ^ ^ B [-L. g.J C. D. [L. s.] E. F. [L. S.] Sealed and delivered in presence of M. N. (Acknowledgment, etc., as in form No. 89 ; affidavit by sureties and approval by county judge, etc., substantially as in form No. 302.) I. See section 5 ol chapter 466 An assignee, however, has no (page 544) of Laws of New Yorli of power to act in execution of the 1877, as to this bond, and see note i trust, without giving a bond with to form No. 278, as to bonds gen- sureties as required. Until this is erally. done his trust is simply to take pos- The assignment is not rendered session of and hold the property, void by the fact that the bond of the (Brennan v. Willson, supra.) assignee is not approved by the A special county judge, elected county judge, as required by the act under and by virtue of legislative of i860 (chap. 348, Laws of i860), authority, with power to perform the The giving of the bond is not a pre- duties of the county judge, has the requisite to the validity of the assign- power to approve such bond. (Thras- ment, and if the former, when given, her v. Bentley, supra.) is irregular and void, it does not See, also, Van Slyke v. Bush (123 affect the validity of the latter. N. Y. 47; S. C, 33 State Rep. 65)' (Thrasher V. Bentley, 59 N. Y. 649; as to liability of sureties. Brennan v. Willson, 71 id. 502.) 51 402 Forms of No; 309. Undertaking of commissioner of highways. Whereas, M. N., of, etc., has been duly elected (or, ap- pointed) a commissioner of highways of the said town of , in the county of , to serve for the period of one year (or, until the day of next), and until a suc- cessor shall have been elected (or, appointed) in his place : Now, therefore, we, M. N. and E. D., of the said town of , do hereby undertake pursuant to statute, in the sum of dollars, that the said M. N. will faithfully discharge his duties as such commissioner of highways in and for said town, and, within ten days after the expiration of his term of office, will pay over to his successor in ofifice all moneys remaining in his hands as such commissioner, and render to such successor a true account of all moneys received and paid out by him as such commissioner.' In witness whereof, etc. (as in form No. 181). M.N. In presence of E. D. M. H. R. F. (Acknowledgment, etc., as in form No. 89). Indorsed. I hereby approve of the within undertaking, as to the form and sufficiency thereof. , I . F. P., Supervisor of the town of . I. See section 63 of chapter 569 of ered to the supervisor, and filed by Laws of New York of 1890, as to this him in the office of the town clerk undertaking, which is to be deliv- within ten days thereafter. No. 310. Bond of new trustee appointed in the place of deceased trus- tee of express trust. As in form No. 302 to (*), and from thence as follows : The condition of the above obligation is such, that if the above-bounden J. F. shall and do well and faithfully execute the trusts created by a certain trust deed, dated , i •, Bonds. 403 executed by (**) J. M., of (and C. M., his wife) to P. J., of , under the direction of this court, for which pur- pose he has been duly appointed by an order of this court, made and entered on the day of , i , in the matter of, etc. (insert title of proceeding), and shall observe all such orders as shall be made by this court in relation to said trust, then the preceding obligation to be void, otherwise to remain in full force and virtue.^ A. B. [L. S.J C. D. [L. s.] [E. F.] [L. s.] Sealed and delivered in presence of M. R. (Acknowledgment, etc., as in form No. 89 ; affidavits of sureties and approval substantially as in form No. 302.) I. See, as to action on this bond, see note i to form No. 278 as to People V. Nestor (9 N. Y. 176); and bonds generally. No. 311. Soud of trustee appointed in. place of one whose resignation has been accepted. As in last form No. 310, to (**), and from thence as fol- lows : By M. N. (and P. N., his wife), to F. E., as trustee thereunder, to which position (or, for which purpose) he has been appointed by order of this court, made and entered on the day of , i , in place and stead of (said E. F.), who has resigned as such trustee, and shall observe all such orders as shall be made by this court in relation to the said trust, then the preceding obligation to be void, otherwise to be and remain in full force and virtue.^ (Signatures, etc., as in form No. 310.) Sealed and delivered in presence of E. M. (Acknowledgment, etc., as in form No. 310.) I. See note to last form, No. 310, and the note therein referred to. No. 312. Bond of auctioneer on his appointment. See form No. 263. 404 Forms of No. 313. Sheriff's bond. Know all men by these presents, that we, A. B., of, etc.^ C. D., of, etc., and E. F., of, etc., are held and firmly bound unto (*) the people of the State of (New York) in the penal sum of (ten) thousand dollars ; 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 day of (January) in the year i , (**). Whereas, the above-bounden A. B. has been elected to the ofifice of sheriff of the county of , at the general (or, at a special) election held therein on the day of , i , (or, has been appointed by the governor of the State of New York to execute the duties of the office of sheriff of the county of , during the vacancy therein caused by the death (or, resignation ; or, removal from office) of -, late sheriff of said county ; or, was duly elected sheriff of the county of at the general (or, a special) election held therein on the day of , i and whereas, the said A. B. did duly enter upon the duties of the said office, and has continued in said office until this time, and now is the sheriff of said county) : Now, therefore, the condition of the above obligation is such, that if the said A. B. shall well and faithfully, in all things, perform and execute the office of sheriff of the said county of during his continuance in the said office by virtue of the said election (or, appointment), without fraud, deceit or oppression, then the above obligation to be void, or else to remain in full force.^ A. B. [L. S.J C. D. [L. s.] E. F. [L. s.] I. See note i to form No. 278, as cute bonds within twenty days af- to bonds generally. ter notice of election is directory Tiie provision of i N. Y. R. S. merely, and omission to comply with 378, § 57, requiring sheriffs to exe- it works no forfeiture of the office, Bonds. 405 provided the bond is filed within fif- ure to do so, files his bond within a teen days after commencement of the reasonable time thereafter and before terra. (People v. Holley, I2 Wend, notice to or action by the governor, 481.) there is no vacancy in his office, and If a sheriff, required by statute (i his laches are remedied. (1855, N. Y. R. S. 379, § 70) to renew his opinion of Attys.-Gen'l., 233.) bond every year within twenty days See, generally, as to bonds of sher- after the first Monday of January, the iffs, form of, filing, etc., i N. Y. R. office to become vacant upon his fail- S. 378, § 67, et seq. No. 314. Bond of deputy sheriff. As in last form, No. 313, to (*), and from thence as fol- lows: M. N., sheriff of the county of , in the State of New York, in the sum of thousand dollars, to be paid to the said M. N., or his certain attorney, executors, admin- istrators or 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, etc. (as in form No. 313). Whereas, the above-bounden has been appointed to the office of under sheriff (or, deputy sheriff ; or, deputy sheriff and jailer) of the said county of , by the said M. N., as such sheriff: Now the condition of this obligation is such, that if the above-bounden shall well and faithfully execute and dis- charge the duties of the said office of (under sheriff) during his continuance therein, without any deceit, fraud, delay, neglect or oppression, and shall save harmless and indemnify the said M. N., his executors and administrators, from and ■against all acts or doings, or neglect of duty of him, the said , as such (under sheriff), and pay off and discharge and save him harmless of and from all judgments, penalties, fines, costs, charges and damages in any action or proceed- ing that may be brought against the said M. N., as such sheriff, by reason of any act or omission done, committed or suffered by the said as such (under sheriff) ; and shall likewise pay and discharge and save the said M. N. harmless from any costs and expenses he may incur or be put to in de- fending any action or proceeding commenced against him as 4o6 Forms of such sheriff by reason of any acts or doings, or neglect of duty of him, the said , whether such action or proceed- ing is rightfully brought against the said M. N., as such sher- iff, or not ; and shall pay to the said M. N., as such sheriff,, his proportion of the legal fees received by him, the said , at any time, as such (under sheriff) as aforesaid ; and also that if the said shall, at the termination of his ap- pointment as such (under sheriff), account to and with the said A. B., his representatives, assigns or duly authorized agent, for all moneys collected or received by him as such (under sheriff) as aforesaid, including all legal fees for servi- ces as such (under sheriff), and pay over all moneys collected by him as aforesaid and remaining in his hands, as well as the portion or share of the legal fees received by him, the said , as such (under sheriff) as aforesaid, to which the said A. B. is entitled, then this obligation to be void, other- wise to remain in full force and virtue,' [L. S.] [L. S.] [L. S.] Signed, sealed and delivered in the presence of G. H. (Acknowledgment or proof as in forms Nos. 6, etc.) I . The sureties on the bond of a day of its date is destroyed by proof deputy sheriff for the faithful dis- of the time of its actual delivery, charge of his duties, are bound only (Reilly v. Dodge, 42 Hun, 646.) See, for acts done after its delivery. The also, as to bonds generally, note i to presumption of its delivery upon the form No. 278. No. 315. Bond to a town for support of a child. Know all men by these presents, that we, A. B. and F. G., of the town of , in the county of , and State of , are held and firmly bound unto L. M. and N. O., overseers of the poor of the said town for the time being, in the just and full sum of three hundred dollars, to be paid to the said overseers of the poor, or to either of them or either of their successors or assigns ; to which payment well and truly to be • Bonds. 407 made we bind ourselves, jointly and severally, our heirs, executors and administrators and every of them firmly by these presents. Sealed with our seals, dated the first day of May in the year of our Lord one thousand hundred and . The condition of this obligation is such, that whereas, M. W., of the said town,' single woman, is now pregnant with a bastard child (or, has lately been delivered of a male bastard child in the township aforesaid), and has charged the said A. B. with being the father of the said child, if therefore the said A. B. shall and do from time to time, and at all times hereafter, well and sufficiently save, keep harmless and in- demnify the said town of , and also all the inhabitants of the said town, of and from all expenses, costs and damages whatsoever, which shall or may hereafter happen or accrue for or by reason of the birth, maintenance, education or bringing up of the said child (or, of such child or children wherewith the said M. W. now goes), and of and from all actions, troubles and demands touching or concerning the same, then this obligation shall be void ; otherwise it shall be and remain in full force and virtue. A. B. [L. S.J F. G. [L. S.] Sealed and delivered in presence of G. H. (Acknowledgment, etc., as in forms Nos. 6, etc.) No. 316. Bond of a treasurer of a corporation. As in form No. 280, to (f) and from thence as follows: Whereas, the above-bounden A. B. has been chosen treasurer of the (naming corporation), by reason whereof he will re- ceive into his hands divers sums of money, goods and chattels, and other things, the property of the said corporation : Now the condition of this obligation is such, that if the said A. B., his executors or administrators, at the expiration of his said office, upon request to him or them to be made, shall make and give unto such auditor or auditors as shall be 4o8 Forms of' appointed by the said corporation, a just and true account of all such sum or sums of money, goods, chattels, and other things, as have come into his hands, charge or possession as treasurer aforesaid ; and shall and do pay and deliver over to his successor in ofifice, or any other person duly authorized to receive the same, all such balances or sums of money, goods and chattels and other things, which shall appear to be in his hands, and due by him to the said company, then this obligation to be void or else to be and remain in full force and virtue. A. B. [L. S.] Sealed and delivered in presence of E. F. Acknowledgment, etc., as in forms Nos. 6, etc.) t. See note i to form No. 278, as to bonds generally. No. 317. Bond with warrant of attorney to confess judgment. As in form No. 278, to (f) and from thence as follows: The condition of this obligation is such, that if the abbve- bounden A. B., his heirs, executors, administrators, or any of them, shall and do, well and truly pay, or cause to be paid, unto the above-named C. D., his executors, administrators or assigns, the just and full sum of dollars, with legal in- terest for the same, on or before the day of , i , then this obligation to be void and of no effect, or else to be and remain in full force and virtue. A. B. [L. S.] Sealed and delivered in presence of E. F. (Acknowledgment, etc., as in forms Nos. 6, etc.) To Y. Z., esquire, attorney of the court of , in the State of , or to any other attorney of the said court, or of any other court elsewhere : Whereas, I, A. B., of , by a certain obligation bearing even date herewith, do stand bound unto C. D., of , in the sum of (penalty), conditioned for the payment of Bonds. 409 (real debt), these are to desire and authorize you, or any of you, on the request of said C. D., to appear for me, my executors or administrators, in the said court, or else- where, in an action (of debt) there or elsewhere brought, or to be brought against me, my executors or administrators, at the suit of the said C. D., his executors, administrators or assigns, on the said obligation, as of any term, the present, or any other subseqent term of the said court, or any other court there or elsewhere to be held, and confess judgment thereupon against me, my executors or administrators, for the said sum of (penalty) debt, besides costs of suit, by (non sum informatus, nihil dicit), or otherwise as to you shall seem meet ; and for your, or any of your, so doing, this shall be your sufficient warrant. And I do hereby for myself, my executors and administrators, remise, release and forever quit- claim unto the said C. D., his executors, administrators and assigns, all and all manner of error and errors, defects and imperfections whatever in the entering of the said judgment, •or any process or proceedings thereon or thereto, or in any wise touching or concerning the same. In witness whereof, I have hereunto set my hand and seal the day of , i . A. B. [L. s.] Sealed and delivered in presence of O. P. {Acknowledgment, etc., as in forms Nos. 6, etc.) ' No. 318. Bond, of railroad corporation. (Name of corporation.) No. . This is to certify that the (name of corporation) has received the sum of dollars from A. B., and, in con- sideration thereof, doth hereby promise and agree to pay to him, or to the bearer (or to his assigns), the said sum of ■dollars, on the day of , in the year i— , and also interest thereupon at the rate of per centum per annum, payable on the day of every and ■ ensuing the date hereof, until said principal sum shall be paid, upon presentation of the annexed interest warrants, as they sever- 52 4IO Forms of ally become payable at (the office of said corporation in the city of , in the State of ). In witness whereof, the said (name corporation) has caused its president and its treasurer, etc., to sign this obligation and to affix thereto the corporate seal of said corporation, on this day of , in the year i . (Seal.) (Signature of president), (Signature of treasurer), ' President. Treasurer. No. 319. Bond of railroad corporation secured by mortgage. No. . Know all men by these presents, that the (insert name of corporation) hereby acknowledges itself to be indebted to (naming trustees) or bearer, in the sum of dollars, law. ful money of the United States of America, which sum it promises to pay at, etc., on (or, before) the day of , in the year i , with the interest thereupon at the rate of per centum per annum, payable semi-annually at, etc., on the day of and in each year, until said principal sum is paid. This bond is one of a series of bonds, all of like tenor and date herewith, and numbered from one to , consecutively, given by the said (name of corpora- tion) to (stating purpose for which they are given). The holder hereof is entitled to the security of a certain mortgage, bearing even date with said bonds, which said mortgage is made, executed and delivered by the said (name of corporation) to the said (naming trustees) as trustees in fact, to secure the payment of the principal and interest of said bonds ; which said mortgage embraces (here designate property, substantially as in mortgage), which said property is more particularly described in said mortgage, and in the schedule thereunto annexed. In witness, etc., (as in last form.) (Signatures and titles of officers executing.) (Seal of corporation.) Sealed and delivered in presence of M. H. Bonds. 411 The foregoing bond is one of a series of bonds referred to in a certain mortgage of even date herewith, executed to the undersigned as trustees in fact, as stated in the foregoing obligation, to secure the payment of the principal and inte- rest of certain bonds, numbered from one to . Dated , i . A. B. CD. E. F. Trustees. No. 320. Ckiupou to be annexed to bonds (forms ITos. 318, 819). No. . i The (name of corporation) promises to pay to the bearer ■ dollars, semi-annual interest due upon its bond No. on presentation at the ofifice of said corporation. No. , in the city of . (Signature of officer.) 412 Forms of CHAPTER XIII. Forms of Charter-Party. Ho. 321. Charter-party. 322. Charter-party: another form. No. 321. Charter-party. This charter-party, made and concluded on the day of , in the year i , between A. E. B., owner of the scliooner J. H., of P., of the burden of tons, or there abouts, now lying in the port of (New York), of the first part, and I. & B., of the second part, witnesseth : That the said party of the first part, for and in considera- tion of the covenants and agreements hereinafter contained, on the part of the said party of the second part to be kept and performed, doth hereby covenant and agree to charter the said vessel unto the said party of the second part, for a voyage from the port of N., to L. and return to N., upon the following terms, viz.: First. The said party of the first part engages that the said vessel, in and during the said voyage, shall be kept tight, staunch, well fitted, tackled and provided with men, provisions and every requisite for such voyage. - Second. The said party of the first part further engages that the whole of the said vessel (with the exception of the cabin, the deck and the necessary room for the accommoda- tion of the crew, and the stowage of the sails, cables and provisions) shall be at the sole use and disposal of the said party of the second part during the said voyage, and that no goods or merchandise whatever shall be laden on board, otherwise than from the said party of the second part, or his agent, without his consent, under penalty of the forfeiture of the amount of freight agreed upon for the same . Charter-Party. 413. Third. The said party of the first part agrees to take on board said vessel, during the said voyage, all such lawful goods and merchandise as the said party of the second part, or his agents, may think proper to ship. Fourth. The party of the first part agrees to proceed with all dispatch from N. direct to L., and return to N., and there discharge the cargo aforesaid. (Here insert any special cove- nants between the parties.) And the said party of the second part agrees to pay to the said party of the first part, or his agent, for the charter or freight of the said vessel during said voyage, the sum of dollars, payable upon the delivery of the cargo at N. (or, otherwise, according to the agreement of the parties). The party of the first part is to pay all the expenses of the ves- sel, including port charges and stevedore bills. It is further agreed between the said parties, that said party of the second part shall be allowed for loading and discharg- ing of the said vessel at the respective ports aforesaid, lay days as follows, that is to say : Dispatch loading and discharging at the port of L., and running days at the port of ; and in case the said vessel is detained, the said party of the second part agrees to pay to the said party of the first part, demurrage at the rate of dollars per day, day by day, for every day so detained, provided such detention shall happen by default of the said party of the second part, or his agent. It is further understood and agreed, that the cargo or cargoes shall be received and delivered alongside of the ves- sel, within reach of her tackles, or according to the usages and customs at the ports of loading and discharging. It is further agreed, that this charter shall commence when said vessel is ready to receive her cargo at her place of loading, and notice thereof has been given to the party of the second part, or to his agent, and terminate on the return of the vessel and the discharge of her cargo at the last port of delivery. It is also further agreed, that the risks and responsibilities assumed by the party of the first part shall be solely and only those of his neglects or omissions, and of that of his ser- 414 Forms of vants. And that all and every other of the risks, hazards and contingencies of the elements and navigation, of all and every class, character and description, are assumed and to be borne by the party of the second part. ^ (Insert here any further special stipulations.) And the said parties to the true performance of all and every of the foregoing covenants and agreements each to the other, do hereby bind themselves, their heirs, executors, administrators and assigns, especially the said party of the first part, the said vessel, her freight, tackle and appurte- nances, and the said party of the second part, the merchan- dise to be taken on board, each to the other in the penal sum of dollars.' In witness, etc. (as in form No. 163). A. E. B. H. B. [L. S.] [L. S.] Sealed and delivered in presence of C.B. (Acknowledgment, etc., as in forms Nos. 6, etc.) I. A charter-party is a species of contract by which an owner of a ves- sel lets her to another person to be freighted by him. (Spring v. Gray, 6 Pet. 151.) A charter-party made in good faith by the managing owners and ship's husband, is binding upon all the per- sons interested in the vessel. (Bangs V. Lowber, 2 Cliff. 157.) In construing charter-parties it must be remembered that they are often informal instruments, having inaccurate clauses; and on this ac- count they should be construed as liberally as mercantile contracts usu- ally are, in furtherance of the real in- tention of the parties and usage of the trade. (Raymond v. Tyson, 17 How. 53.) The owner of a vessel who offers her for charter is understood, unless the contrary is expressed, to warrant her as seaworthy; and to undertake to keep her in repair, unless pre- vented by perils of the seas or una- voidable accident. He is not ex- cused from liability for a defect be- cause it was not known at the time of chartering. (Work v. Leathers, 97 U. S. 379, aff'g I Woods, 271.) The presumption is that a defect developed without apparent cause in a vessel sailing under charter-party, existed when the service began, and therefore is within the owner's im- plied warranty of seaworthiness. (Id.) The charterer of a vessel takes all risks as to delay from any unforeseen circumstances. (The Thomas Jef- iferson, 3 Ben. 302.) Representations as to measure- ment are to be taken as merely de- scriptive, when the contract taken as a whole shows that the real conside- ration was the actual carrying ca- Charter-Party. 415 pacity of the vessel. Watts v. Ca- mors (10 Fed. Rep. 145. See, also, Simonetti v. Foster (2 id. 415); Baker V. Ward (3 Ben. 497); Rugerv. Rech ■(26 Int. Rev. Rec. 87); Schmidt v. Smith (7 Ben. 361); Ashburner v. Balchen (7 N. Y. 262). A charter-party cannot, by its stipulations, limit or relieve the re- sponsibilities of vessels or masters imposed by passenger laws of Con- gress. (The Prinz Georg, 23 Fed. Rep. 906.) See, further, as to construction of different clauses contained in char- ter-parties, Watts V. Camors (1x5 U. S. 353); Barrett v. Oregon Ry. and Nav. Co. (22 Fed. Rep. 452); Almgren v. Dutilh (5 N. Y. 28); Holmes v. Pavenstedt (5 Sandf. 97); McTaggart v. Henry (3 E. D. Smith, 3go); Williams v. Johnson (n Barb. SOi); Field v. Chase (Hill & D. Supp. 50); Renard v. Sampson (12 N. Y. 561); Hagar v. Clark (78 id. 45); Roberts v. Opdyke (40 id. 259); Nelson v. Rechnagle (3 Bosw. 459); Robbins v. Codman (4 E. D. Smith, 315); Rowe v. Smith (10 Bosw. 268); Ames V. Belden (17 Barb. 513); Nel- son v. Odiorne (45 N. Y. 489); Stur- gis V. N. J. Steamboat Co. (62 id. 625); Elwell V. Skiddy(77 id. 282); Funch V. Abenheim (20 Hun, i); Stone V. WoodrufT (28 id, 534); Ahrenberg v. Wright (30 id. 75); Roberts v. Societa Anonima (53 N. Y. Super. Ct. Q. & S.] 424); Bald- win v. Stamford Manfg. Co. (16 N. Y. State Rep. 585); Porteous v. Wil- liams (115 N. Y. 116); Woolsey v. Funke (121 id. 87; S. C, 30 N. Y. State Rep. 768); Van Etten v. Norton (29id.4ii; S. C, 8N. Y. Supp. 478); Russell V. Allerton (29 N. Y. State Rep. 169; S. C, 8 N. Y. Supp. 688). No. 322. Charter-party ; another form. Memorandum of an agreement between I. N. L. and H. A. W. & Co., to-wit : Said I. N. L. agrees to charter to H. A. W. & Co. the boat Jeffersonian now lying in Albany , for the sum of five hun- dred dollars, payable as follows : One hundred dollars June first ; July first, one hundred dollars ; September first, one hundred dollars ; October first, one hundred dollars ; De- cember first, one hundred dollars, and to run and man said boat at one hundred and ten dollars per month, and ten cents per mile for towing day and night. Tolls on boat and horses to be paid by H. A. W. & Co. All other running ex- penses are included above. Said boat is to be kept in good running order free of expense to said W. & Co., and should she be lost, burned or otherwise disabled, said charter is to be paid for as pro rata for. the whole season. Said charter 4i6 Forms of commences on the opening of canal navigation, i , and continues to its close. In case said L. should sell said boat, he has liberty to trans- fer this charter to the new boat he may obtain in exchange.' , , I . I. N. L. H. A. W. & Co.. (Acknowledgment, etc., as in forms Nos. 6, etc.) I. See note i to last form, No. 321. Chattel Mortgages. See Mortgages of Real and Personal Property.. Condemnation of Real Property. 417 CHAPTER XIV. Forms of Condemnation of Real Property. (N. Y. Code Civ. Proc, chap. 23, title i.) No. 323. Petition for condemnation of real property. 324. Notice of presentation of above petition . 325. Order appointing guardian ad litem for infant, idiot, etc., defend- ant, in such proceeding. 326. Bond of guardian ad litem of infant, etc., in such proceeding. 327. Answer by owner of property to above petition. 328. Decision of court on trial of issues in such proceeding. 329. Order of reference in such proceeding. 330. Oath of referee in such proceeding. 331. Referee's report in such proceeding. 332. Notice of motion for judgment upon the report of referee in such proceeding, and for appointment of commissioners of appraisal 333. Judgment after trial in such proceeding. 334. Judgment for plaintiff in case no answer is interposed to petition in such proceeding. 335. Subpoena issued by commissioners of appraisal in such proceeding. 336. Oath to be administered to witness by commissioners of appraisal in such proceeding. 337. Notice of meeting of commissioners in such proceeding. 338. Oath of commissioners in such proceeding. 33g. Report of commissioners in such proceeding. 340. Notice of filing report of commissioners in such proceeding. 341. Order confirming or setting aside the report of commissioners in such proceeding. 342. Offer to purchase the property at a specified price, before service of petition and notice in such proceeding. 343. Acceptance of offer, form No. 342. 344. Order upon offer and acceptance in such proceeding. 345. Notice by plaintiff of abandonment of such proceeding. 346. Notice of appeal from final order in such proceeding. 347. Notice of appeal from judgment rendered in favor of defendant in such proceeding. 348. Notice of argument of appeal from final order confirming the re- port of commissioners in such proceeding. 349. Order upon appeal from final order in such proceeding, directing reappraisal by same or new commissioners. 53 4i8 Forms of 350. Order affirming, reversing or modifying judgment on appeal there- from in such proceeding. 351. Judgment of affirmance on appeal from judgment in such proceed- ing. 352. Affidavit on motion for permission to plaintiff to enter upon real property, in such proceeding. 353. Notice of motion for permission to plaintiff to enter upon real property in such proceeding. 354. Order permitting the plaintiff to enter upon the real property to be taken in such proceeding. 355. Notice of pendency of such proceeding. No. 323. Petition for condemnation of real property. (N. Y. Code Civ. Proc, § 3360.) (Folio I.) Supreme Court, County of . A. B. (or, The M. P. Com- pany), plaintiff, against C. D., E. F., G. H., etc., de- fendants. To the Supreme Court of the State of New York : * The petition of A. B. (or, of the M. P. Company), respect- fully shows : First. That your petitioner resides in the (city) of , in the county of , and State (aforesaid), and is engaged in the business of (stating same), [or, that your petitioner is e. g. a (domestic railroad corporation, duly incorporated under the provisions of an act of the legislature of (2) the State of (New York) entitled, " An act to authorize the formation of railroad corporations, and to regulate the same,' passed April 2, 1850, and the several acts amendatory thereof and supplementary thereto ; or, a joint-stock associ- ation, duly organized under the provisions of an act, etc., stating title and date of passage as above, and the acts amendatory thereof, etc. That the principal place of busi- ness of said corporation (or, association) within the State is the (city) of , in the county of , and the names and Condemnation of Real Property. 419 (3) places of residence of its principal officers are as follows, viz. : C. F., its president, whose place of residence is the (city) of (in the county of ) ; P. M., its secretary, whose place of residence is, etc. (stating same as above) ; R. P., its treasurer, etc. (stating names and places of resi- dence of principal officers). That the names and places of residence of its directors (or, trustees ; or, board of managers), are as follows (stating same in manner as above), and the object and purpose of its organization are e. g. to construct (4) and finish a railroad from and to the places named for that purpose in its articles of association, to-wit : (state the ter- mini, as contained in the articles of incorporation)].^ Second. That the said A. B. (or, the said M. P. Company), desires to obtain the condemnation of the real property of which the following is a specific description, and location by metes and bounds, to-wit : All, etc. (describing property). Third. That said property is required for [stating public use, e. g., for the purpose of constructing and operating the (5) proposed road (here set forth facts showing the nece.ssity of its acquisition for such use).] Fourth. That the names and places of residence of the owners of said property are as follows : (stating same). That said E. F., etc. (naming infants) are infants, and that the name of the general guardian of said E. F., is C. R., and his residence in the (city) of , in the county of (or, that said E. F. has no general guardian, and that he resides with G. H., whose place of residence is the (city) of , in the (6) county of ), [and so on, making similar statements as to each infant]. That said G. H. is a lunatic (or, idiot ; or, habitual drunkard), and that the name and place of residence of his committee (or, trustee) is the (city) of , in the county of (or, that said G. H. has no committee or trustee, and that he resides with M. B., whose place of resi- dence is the (city) of , in the county of ), [and so on, making similar statements as to each lunatic, etc.]. That I. K. is not a resident of this State, but resides at the (city) (7) of , in the county of , and State of , and that K. L. is the agent or attorney of the said I. K., and is authorized to contract for the sale of the said property. 420 Forms of That the place of residence of said L. M. cannot, after diligent inquiry, be ascertained ; inquiry therefor having been made as follows : (stating, specifically, extent of in- quiry). Fifth. That the plaintiff, your petitioner, has been unable to agree with the owner (or, owners) of said property for its (8) purchase, and that the reason of such inability is as follows : (state same). Sixth. That the value of said property to be condemned according to the best of your petitioner's knowledge, infor- mation and belief, is (stating value). Seventh. That it is the intention of the plaintiff, your pe- titioner, in good faith to complete the work (or, improve- ment) for which the said property is to be condemned,, to-wit: (state same, e.g. as follows, the construction and (9) completion of a railroad from and to the places named in its articles of association, viz., from to ), and that all the preliminary steps required by law have been taken to entitle your petitioner to institute this proceeding. Eighth. Your petitioner, therefore, demands as and for relief, that it may be adjudged that the public use requires the condemnation of the real property above described, and that the plaintiff, your petitioner, is entitled to take and hold (10) such property for the public use specified, upon making compensation therefor, and that commissioners of appraisal be appointed to ascertain the compensation to be made to the owners of the property so taken. Dated , i . A. B. (or. The M. P. Company, by F. R., its President.) State of New York, ) ^^ . County of , ) A. B. (or, F. R.), of , being duly sworn, deposes and says, that he is the (president of the M. P. Company, the) petitioner named in the foregoing petition ; that he has read the foregoing petition, by him subscribed, and knows the contents thereof; that the same is true to the knowledge of deponent, except as to the matters therein stated to be al- Condemnation of Real Property. 421 to those matters I A. B. (or, F. R.) leged on information and belief, and as to those matters he believes it to be true.^ (Jurat, as in form No. 32.) (Annex notice of presentation of petition, form No. 324.) 1. The proceeding is required to and contents of the verification of be instituted by the presentation of pleadings in courts of record, and the a petition by the plaintiff to the Su- persons by whom it may be made, are preme Court. (N. Y. Code Civ. made applicable to the verification. Proc, g 3360, subd. i.) (N. Y. Code Civ. Proc, § 3366.) 2. If the corporation is a political The provisions for the condemna- division of the State, the names and tion of real property, under which places of residence of its principal this form and the following forms of officers ; and if the State, the name chapter xiv have been prepared.were and place of residence of the officer added to the New York Code of acting in its behalf in the proceed- Civil Procedure, by act of the legisla- ing are required to be stated. (Id.) ture passed April 4, 1890. 3. The petition or the answer These provisions took effect May thereto must be verified, and the i, 1890, and are not to affect any pro- provisions of the New York Code of ceeding previously commenced. (Id., Civil Procedure relating to the form §3384.) No. 324. Notice of presentation of petition, form No. 323. (N. Y. Code Civ. Proc, § 3361.) (Title of proceeding as in form No. 323.) Take notice that the petition of A. B. (or, of the •company) in the above-entitled proceeding (a copy of which is hereto annexed and herewith served upon you), will be presented to a Special Term of the Supreme Court, to be held at the (court-house) in the (city) of , on the day of , I , at the opening of the court on that day (or, at o'clock in the noon of that day), or as soon thereafter as counsel can be heard, and that a motion will then and there be made that the prayer of the said peti- tion be granted.^ Dated , i . Yours, etc., I. T. , Attorney for petitioner. (Office address.) To C. D., etc. (naming defendants). I. The petition (form No. 323) is the Supreme Court, held in the judi- to be presented to a Special Term of cial district where the property or 422 Forms of some portion of it is situated, and a vice of petition and notice appear- copy of tlie petition and notice must ance for infant, etc., Id., §§3362- be served upon all the owners of the 3364. And for forms of proof of ser- property at least eight days prior to vice of petition and notice, etc., see its presentation. (N. Y. Code Civ. Lansing's Forms of Civil Procedure, Proc, § 3361.) See, also, as to ser- vol. i, pp. 42 to 70. No. 325. Order appointing guardian ad litem for infant, idiot, etc., de- fendant, in proceeding for condemnation of real property. (N. Y. Code Civ. Proc, § 3363.) At,, etc., as in form No. 329. (Title of proceeding, as in form No. 323.) The petition of the plaintiff in the above-entitled proceed- ing and notice of the presentation thereof at this time and place, having been presented to the court, with proof of due service thereof, and it appearing that the defendant, E. F., is an infant (or, idiot ; or, lunatic ; or, habitual drunkard) having no general guardian (or, committee ; or, trustee) [or, whose general guardian ; or, committee ; or, trustee, has failed to appear for him]. It is hereby ordered, that M. B., of , be and he is hereby appointed guardian ad litem of the said defendant, E. F., whose duty it shall be to appear for him and attend to his interests in said proceeding, and that said M. B., be- fore entering upon the discharge of his duties, as such guar- dian, give security for the faithful performance of his duties as such, by his bond, with sufficient sureties, to be approved by a justice of this court, in the penal sum of dollars.' I. See § 3363 of the New York Code of Civil Procedure. No. 326. Sond of guardian ad litem of infant, etc., in proceeding for condemnation of real property. (N. Y. Code Civ. Proc, § 3363.) As in form No. 299, to (*) and from thence as follows : That if the above bounden M. B. shall and do well and faithfully discharge his duties as guardian ad litem of E. F., an (infant) defendant in a proceeding in said court, for the Condemnation of Real Property. 423 condemnation of real property, in which A. B. (or, The A B. Company) is plaintiff and said E. F. and others are de- fendants, to which he has been duly appointed by an order of the said court made in said proceeding, dated , i , then the preceding obligation to be void, otherwise to be and remain in full force and virtue.' Sealed and delivered in ) E. F. [L. S.] presence of f G. H. [L. s.] K. L. [I. J. [L. s.]] (Acknowledgment, affidavit by sureties and approval by judge, as in form No. 302.) I. See § 3363 of New York Code to bond in legal proceeding, §§ 8lo of Civil Procedure, and generally as to 8i6, id. No. 327. Answer by owner of property to petition. (N. Y. Code Civ. Proc, § 3365.) (Title of proceeding, as in form No. 323.) The defendant, E. F., answering the petition of the plain- tiff in the above-entitled proceeding, denies (or, denies upon information and belief)' that, etc. [stating allegation of the petition denied by him, and in like manner make denial of each allegation specifically denied]. [Or, denies (upon information and belief ; or; any knowl- edge or information sufficient to form a belief, as to^) each and every allegation in the said petition contained.] [Or, denies any knowledge or information sufficient to form a belief as to whether, etc. (stating the allegation as to which such denial is made), and in like manner as to each allega- tion so denied.] And the said defendant, further answering the said peti- tion, alleges that, etc. (stating new matter constituting a de- fense to the procefeding).^ P. G., Defendant's Attorney (Office address.) [Verification substantially as in form No. 323.]^ I. A denial, in a verified answer, complaint, upon information and of a material allegation of the belief, is good. (Bennett v. Low 424 Forms of Manufacturing Company, no N. Y. formation thereof sufficient to form 150.) a belief, or a statement of new mat- 2. See Mahan v. Harlem Savings ter constituting a defense to the pro- Bank (5 Hiin, 439). ceeding. (N. Y. Code Civ. Proc, 3. Upon presentation of the peti- § 3365-) tion and notice with proof of ser- As to the manner of trial and de- vice thereof, an owner of the prop- cision of the issues caused by the pe- erty may appear and interpose an tition and answer, see § 3367, id. answer, which must contain a gene- 4. See § 3366, New York Code of ral or specific denial of each material Civil Procedure, cited in note 3 to allegation of the petition controverted form No. 323. by him, or of any knowledge or in- No. 328. Decision by court on trial of issues in proceeding for condem- nation of real property. (N. Y. Code Civ. Proc, § 3367.) (Title of proceeding, as in form No. 323.) The issues raised by the petition and answer of the defend- ant, A. B., herein, having been tried by the court, and the court having heard the allegations of the respective parties, and arguments of counsel having been heard and duly considered, I do find and decide as matters of fact, as follows : First. Second. Third. And I find and decide as matters of law, as follows : First. Second. Third. That the plaintiff is entitled to the relief demanded by the petition herein, and to judgment that the condemna- tion of the real property described in the petition herein is necessary for the public use, and that the plaintiff is entitled to take and hold the said property for the public use speci- fied in said petition, to-wit : (stating same), upon making compensation therefor [or, that the defendant is entitled to judgment that the said petition be dismissed with costs, to Condemnation of Real Property. 425 be taxed by the clerk.] And I direct judgment to be entered hereupon accordingly. Dated , i A. M., Justice of the Supreme Court. I. The decision of the court or exceptions thereto, and the making referee in writing is to be filed or de- and settlement of a case for the livered to the attorney for the pre- review thereof upon appeal, and vailing party, within twenty days to the proceedings which may be after the final submission of the had, in case such decision is not proofs and allegations of the parties, filed or delivered within the time and the provisions of the Code of above required, and to the powers Civil Procedure, relating to the form of the court and referee upon such and contents of decisions upon the trial, shall be applicable to a trial and trial of issues of fact by the court or decision in these proceedings. (N. a referee, and to making and filing Y. Code Civ. Proc, § 3367.) No. 329. Order of reference in proceeding for condemnation of real property. (N. Y. Code Civ. Proc, § 3367.^ At a special term of the Supreme Court, held at the (city hall), in the (city) of , on the day of , I . Present — Hon. A. B., Justice. (Title of proceeding, as in form No. 323.; On reading and filing the petition of A. B. (or, of the company), in the above-entitled proceeding, dated — ; — , I , and notice of presentation thereof at this term, with due proof of service thereof upon the defendants, and C. D., one of the owners of the real property described in said pe- tition, having appeared and interposed an answer to said petition, and after hearing M. R., counsel for said petitioner, and P. F., counsel for said C. D., it is hereby ordered, that the i.ssue (or, issues) raised by the said petitioh and answer, be and the same is (or, are) hereby referred to I. J., of- , as referee, to hear and determine the same.^ I. See note i to form No. 328, as to this reference. , 54 426 Forms of No. 330. Oatb. of referee appointed in proceeding for condemnation of real property. (Title of proceeding as in form No. 323.) County, .tj..- I, I. J., of , the referee appointed by order of the- court in the above-entitled proceeding, do solemnly swear that I will fairly and faithfully try the issues in the said pro- ceeding, and will make a just and true report, according to the best of my understanding.' (Jurat, as in form No. 32.) I. J. 1. The statute (N. Y. Code Civ. Proc, § 3367) does not seem to re- quire the making of this oath. No. 331. Beferee's report in proceeding for condemnation of real property. (N. Y. Code Civ. Proc, § 3367.) (Title of proceeding, as in form No. 323.) ' I, I. J., referee, duly appointed by the court in the above- entitled proceeding to hear and determine the issues raised by the petition and answer therein, do respectfully report : That having been attended by the parties and their coun- sel (and having taken the oath as referee which is hereto an-- nexed, before proceeding to. hear the testimony in said pro- ceeding),' and having heard the proofs and allegations of the respective parties, I do find and decide as follows : I find as matters of fact : First. That (insert finding). Second. That (insert finding). And I find, as conclusions of law, as follows : First. That (insert finding). Second. That (insert finding). Third. That (insert third finding of law contained in form No. 328), and I direct judgment to be entered accordingly.^ Dated , i . I. J., Referee. 1. See note i to form No. 330. ence by notice, as prescribed by the 2. See note i to form No. 328. To Code of Civil Procedure (§ 1019), the prevent the termination of a refer- report must be actually delivered to Condemnation of Real Property. 427 the attorney of one of the parties, or limited for the delivery of the report filed with the clerk within sixty days is twenty days after the final submis- from the time the cause was finally sion of the proofs and allegations of submitted. An offer by a referee to the parties. (See note above referred deliver his report to the successful to.) party, on payment of his fees, within The report must state separately the time limited, is not equivalent to the facts found and the conclusions a delivery. (Little v. Lynch, gg N. of law, and must direct the judg- Y. 112.) ment to be entered thereupon. (N. Under section 3367 of New York Y. Code Civ. Proc, § 1022.) Code of Civil Procedure, the time No. 332. Notice of motion for judgment upon the report of referee or decision of the colirt in proceeding for condemnation of real property, and for appointment of commissioners of appraisal. (N. Y. Code Civ. Proc, § 3369.) (Title of proceeding, as in form No. 323.) Take notice that upon the report of J. L., referee (or, upon the decision of Hon. A. O., justice of the Supreme Court), made in the above.entitled proceeding, dated , I , a copy of which report (or, decision) is herewith served upon you, and upon all the papers and proceedings in the above-entitled proceeding, a motion will be made at a Special Term of the Supreme Court, to be held at the (city hall) in the (city) of , in the county of , on the day of , I , at the opening of the court on that day, (or, at o'clock in the noon), or as soon thereafter as counsel can be heard for judgment pursuant to the di- rection of the referee (or, court), contained in the said re- port (or, decision), and adjudging that the condemnation of the real property described in the petition in said proceed- ing is necessary for the public use, and that the plaintiff, A. B. (or, the company), is entitled to take and hold the said property for the public use specified in said report (or, decision), upon making compensation therefor, and, also, for the appointment, pursuant to statute, of three disinterested and competent freeholders, residents of the county of , or of some adjoining county, as commissioners to ascertain the compensation to be made to the owner (or, owners), for 428 FaRMS OF the property to be taken for the public use specified in the said report (or, decision), and that the court will fix the time and place for the first meeting of the said commissioners, and for such other or further relief as may be proper.^ Dated , i . Yours, etc., F. P., Attorney for the said petitioner. (Office address.) To F. P., etc. (naming the defendants who have appeared or their attorneys). I. If a trial has been had, at least ants who have appeared. (N. Y. eight days' notice of such appoint- Code Civ. Proc, § 3369, last clause.) ment must be given to all defend- No. 333. Judgment, after tria" in proceeding for oondemnation of real property. (N. Y. Code Civ. Proc, § 3369.) (Title of proceeding, as in form No. 323.) At a special term of the Supreme Court, held at tne (city) of , in the county of , on the day of , I . Present — Hon. A. O., Justice. The issues raised by the petition and answer in the above- entitled proceeding having been tried before I. J., Esq., the referee appointed by order of this court, duly made and en- tered, dated , i , to hear and determine the same (or, at a court, held at the (city) of , on the day of , I , before Hon. A. M., a justice of said court), and the report of said referee (or, the decision of said court), dated , i , in favor of plaintiff (or, defendant), hav- ing been duly made in writing and filed : Now, therefore, it is adjudged, pursuant to the direction of the said court (or, referee), contained in said decision (or, report), on motion of M. N., attorney for the plaintiff [or, defendant (A. B.)], that the condemnation of the real prop- Condemnation of Real Property. 429 erty described in the petition in this proceeding as follows, to-wit : (describing property), is necessary for the public use, and that the plaintiff, A. B. (or, The Company), is en- titled to take and hold the said property for the public use specified in said petition', to-wit, (stating same), upon mak- ing compensation therefor, and it is further ordered and ad- judged that J. F., of , I. M., of , and O. M., of , three disinterested and competent freeholders, residents of the county of , be and they are hereby appointed com- missioners to ascertain the compensation to be made to the said A. B., etc., the owner (or, owners) of said property, and that the first meeting of the said commissioners be held at (insert place of meeting) on the day of , i , at o'clock in the noon [(*)] (or, that the said petition be dismissed and that the defendant, C. D., recover from and against the plaintiff, A. B. (or. The Company), his costs of this proceeding, to-wit, the sum of dollars, and cents.]* J. L-, Clerk. I. See section 3369 of New York as are allowed, of course, to a de- Code of Civil Procedure, as to judg- fendant prevailing in an action in the ment to be rendered. The costs to Supreme Court, including the allow- be allowed to the defendant upon a ances for proceedings before and after dismissal of the petition are to be notice of trial. (Id., § 3369.) taxed by the clerk at the same rates No. 334- Judgment for plaintiflFin case no answer is interposed to pe- tition in proceeding for condemnation of real property. (N. Y. Code Civ. Proc, § 3369.) At a special term, etc. (as in form No. 329.) Present — Hon A. O., Justice. (Title of proceeding, as in form No. 323.) Judgment of the day of , i . On filing the petition of A. B. (or, of the Company) in the above-entitled proceeding, dated , i , and notice 430 Forms of of the presentation of the same at this time and place^ with due proof of the service of copies of said petition and notice upon all the owners of the property described in said pe- tition at least eight days since, and the affidavit of C. D., dated , i , that no answer has been interposed thereto, and it appearing from the said petition that the plaintiff is entitled to the relief thereby demanded, and on motion of P. R., of counsel for said petitioner, no one ap- pearing in opposition thereto (or, after hearing M. N., of counsel for the defendant A. B.): It is ordered and a-djudged that the condemnation of the real property described in said petition as follows, viz. : All, etc. (describing property), is necessary for the public use, and that the plaintiff A. B. (or, the Company), is entitled, etc. (concluding as in form No. 333, to (*).' I. See § 3369 of New York Code has been interposed, and it appears of Civil Procedure, as to judgment from the petition that the plaintiff is in this proceeding in case no answer entitled to the relief demanded. No. 335- Subpoena issued by commissioners of appraisal in proceeding for condemnation of real property. (N. Y. Code Civ. Proc, § 3376.) The People of the State of New York to M. F. (and F. P.): You (and each of you) are hereby commanded to be and appear at , in the (city) of , in the county of , on the — — day of , i , at o'clock in the noon, before C. D., E. F., and G. H., commissioners appointed pursuant to statute to ascertain the compensation to be made to the owners for the property to be taken for the pub- lic use in the matter of A. B. (or, the A. B. Company), plaintiff, against C. D., defendant, to testify, all and singular, what you may know in the said matter, on the part of the plaintiff (or, defendant), [and that you bring with you, and produce at the time and place aforesaid, a certain (describ- ing book, paper, etc.) now in your custody, and all other Condemnation of Real Property. 431 deeds, evidences and writings, which you have in your custody or power concerning the premises], and for a failure to attend you will be deemed guilty of contempt of court, and liable to pay all loss and damage sustained thereby to the party aggrieved, and forfeit fifty dollars in addition thereto. Witness, Hon. A. O., one of the justices of our said court, at , this day of , i } A. M., C. D., (Plaintiff's ), attorney, Commissioner. (Office address.) I. Any of the commissioners may to witnesses. (N. Y. Code Civ. issue subpoenas and administer oaths, Proc, §3370.) No. 336. Oath to be administered to witness by commissioners of ap- praisal in proceeding for condemnation of real property. (N. Y. Code Civ. Proc, § 3370.) You do solemnly swear that the evidence you shall give in the matter of A. B. (or, the A. B. Company), plaintiff, against C. D., defendant, shall be the truth, the whole truth, and nothing but the truth, so help you God.^ I. See note i to form No. 335. No. 337. notice of meetings of commissioners in proceedings fbr con- demnation of real property. (N. Y. Code Civ. Proc, § 3370.) (Title of proceeding, as in form No. 323.) Sir: You are hereby notified that a meeting of the undersigned, commissioners appointed in the above-entitled proceeding, to ascertain the compensation to be made to the owners for 432 Forms of the property to be taken for public use in said proceeding, will be held at , in the (city) of , on the day of Dated , i . (Signatures of Commissioners.) Commissioners. To C. D. (or, M. N., attorney or agent for C. D., etc.) de- fendant. I. Whenever the commissioners notice of such meeting to be given shall meet, except by appointment of to the defendants who have appeared, the court or pursuant to adjournment, or their agents or attorneys. (N. Y. they shall cause at least eight days' Code Civ. Proc, § 3370.) No. 338. Oath of commissioners of appraisal in proceeding for condem- nation of real property. (N. Y. Code Civ. Proc, § 3370.) (Title of proceeding, as in form No. 323.) County of , ss.: We, the undersigned, commissioners appointed by a judg- ment of the Supreme Court, made in the above-entitled pro- ceeding, at a special term of the said court held at, etc., oni etc., and duly entered in county, to ascertain the com- pensation to be made to the owners for the property de- scribed in said judgment to be taken for the public use, specified in said judgment, do solemnly swear (or, affirm) that we will support the Constitution of the United States, and the Constitution of the State of New York, and that we will faithfully discharge the duties of the office of such commis- sioners, according to the best of our ability.' (Signatures of Commissioners.) (Jurat, as in form No. 32.) I. See first clause of § 3370 of the N. Y. Code of Civil Procedure, as to the commissioners' oath. Condemnation of Real Property. 433 No. 339. Beport of conumssioners of appraisal in proceedings for eoa- demnation of real propertyr (N. Y. Code Civ. Proc, | 3370.) (Title of proceeding, as in form No. 323.) To the Supreme Court of the State of New York : We, the undersigned, commissioners appointed by a judg- ment of this court, made and rendered at a Special Term thereof, held at the (city) of , on the day of , I , and duly entered in Albany county, to ascertain the compensation to be made to the owners for the real prop- erty to be taken for the public use specified in said judg- ment and hereinafter described, do respectfully report : First. That we met at the time and place fixed by the said judgment for our first meeting, and having severally taken and subscribed the constitutional oath of office, which oath is annexed to this report, proceeded to view the premises described in the petition herein, and to hear the proofs and allegations of the parties. Second. That we first viewed the premises owned by A. B., aforesaid, described as follows : All, etc. (insert descrip- tion), and heard the proofs and allegations of the parties in respect thereto. That after the testimony in respect to said claim was closed, we (or, a majority of us, all being present) did, without unnecessary delay, ascertain and determine that the compensation which ought justly to be made by the plaintiff to the said A. B, for the real estate aforesaid, was the sum of dollars. Third. That we secondly viewed, etc. (proceed in like manner, as above, as to each claim). Fourth. That the minutes of the testimony taken by us, in respect to the said claims and each of them, are hereto annexed marked " Exhibit A." All of which is respectfully submitted.^ Dated , i . ic- ^ c r- ■ ■ \ (Signatures of Commissioners.) (Annex " Exhibit A " minutes of testimony.) I. The commissioners are to v>iew tion, and hear the proofs and allega- the premises described in the peti- tions of the parties, and reduce the 55 434 Forms of testimony taken by them, if any, to property shall belong to any other writing, and after the testimony in railroad corporation, the commis- each case is closed, they, or a ma- sioners, on fixmg the amount of such jority of them, all being present, are, compensation, shall fix the same at without unnecessary delay, to ascer- its fair value for railroad purposes, tain and determine the compensation (N. Y. Code Civ. Proc, § 3370 ) which ought justly to be made by They are to make a report of their the plaintiff to the owners of the proceedings to the Supreme Court, property appraised by them; and in with the minutes of testimony taken fixing the amount of such compen- by them, if any; and they are each to sation, they are not to make any al- be entitled to six dollars for services, lowance or deduction on account of for every day they are actually en any real or supposed benefits which gaged in the performance of their du- the owners may derive from the pub- ties, and their necessary expenses, lie use. But in case the plaintiff is to be paid by the plaintiff. (Id.) a railroad corporation, and such real No. 340. ITotice of filing report of commissioners of appraisal, and of motion for confirmation thereof. (N. Y. Code Civ. Proc, § 3371.) (Title of proceeding, as in form No. 323.) Take notice that a motion to confirm the report of the commissioners of appraisal herein, dated , i , which was filed in the county clerk's office of county, on the day of , I , will be made at a Special Term of the Supreme Court to be held at the in the city of , on the day of , i , at the opening of the court on that day (or, at — — o'clock in the noon), or as soon thereafter as counsel can be heard, and for such other and further relief as may be proper. That said motion will be made upon the said report, a copy of which is herewith served upon you, and upon the papers and proceedings herein.^ Yours, etc., Dated , i . M. N., Attorney for (Petitioner). " (Office address.) To A. B., etc. (naming parties who have appeared, or their attorneys). I. Upon filing the report of the held in the district where the prop- commissioners, any party may move erty or some part of it is situated, for its confirmation at a special term, upon notice to the other parties who Condemnation of Real Property. 435 have appeared, and upon such mo- before the commissioners, or upon tion the court may confirm the re- the ground that the award is exces- port, or may set it aside for irregu sive or msulBcient. (N. Y. Code larity, or for error in the proceedings Civi Proc, § 3371.) No. 341. Order eonflrmlng or setting aside the report of commissioners of appraisal in proceedings for condemnation of real property. (N. Y. Code Civ. Proc, § 3371.) At, etc. (as in form No. 329). (Title of proceeding, as in form No. 323.) It appearing to the satisfaction of the court, that upon due notice to all the owners of the property described in the pe- tition herein, A. B. (or, the A. B. Company) duly presented to the Supreme Court of the State of New York, at a Spe- cial Term thereof, held at the (city) of , on the day of , I , its petition in due form of law, duly verified, dated , i -, demanding for relief, that it might be ad- judged that the public use required the condemnation of the real property therein described, and that the plaintiff was en- titled to take and hold such property for the public use specified, to-wit, for (stating public use), upon making com- pensation therefor, and that commissioners of appraisal be appointed to ascertain the compensation to be made to the owners for the property so taken. That such proceedings were thereupon had, that on the day of , I , a judgment was made at a Special Term of the Supreme Court, held at the (city) of , on , the — — day of , l , and duly entered in county, adjudging that the condemnation of said real property was necessary for the said public use, and that the plaintiff was entitled to take and hold the said property for said public use, upon making compensation therefor, and appointing E. F., G. H. and I. J., three disinterested and competent free- holders, residents of the county of , as commissioners for the purposes aforesaid, and fixing the day of , I , at , in the (city) of , in the county of , at 436 Forms of o'clock in the noon, as the time and place for the first meeting of the said commissioners. That on the day of , i , the said commission- ers made a report of their proceedings, together with the tes- timony taken by them, to the said court, by which it ap- pears that the said commissioners met at the said time and place designated in said order, and having first taken and subscribed the constitutional oath of office, proceeded to view the premises described in said petition, and to hear the proofs and allegations of the parties ; that the said commissioners first viewed the premises owned by A. B., and described as follows : All, etc. (insert description), and h6ard the proofs and allegations of the parties in respect thereto ; that after the testimony in respect to said case was dosed, the said commissioners (or, a majority of the said commis- sioners, all being present), without unnecessary delay, ascer- tained and determined that the compensation which ought justly to be made by the plaintiff to the said A. B., for the real estate aforesaid, was the sum of dollars (proceed in like manner as to each piece of property) ; Now, upon the proceedings herein, and upon proof of due service of a copy of said report of said commissioners, and notice of motion to confirm the same, upon (name parties and their attorneys served), and on motion of A. M., of counsel for the said plaintiif, and after hearing, etc., and on reading and filing (name opposing affidavits) ; It is ordered and directed that the said appraisal and report be and the same is hereby (*) in all respects confirmed, and that compensation shall be made to the said owners of the said property by the plaintiff, pursuant to the determination of the said commissioners, that is to say, to the said A. B., the sum of ^ dollars : to the said C. D., the sum of dollars, etc. ; And it is further ordered, that upon payment of such com- pensation, the plaintiff shall be entitled to enter into the pos- session of the said property condemned, and take and hold it for the public use specified in said judgment.^ And it is further ordered, that the (defendant, C. D.) re- cover of the plaintiff [A. B. (or. The A. B. Company)], the Condemnation of Real Property. 437 costs of this proceeding, to be taxed by the clerk of county [including an additional allowance of dollars]. And it is further ordered that (here insert directions for payment to the general or special guardian, or committee or trustee of an infant, idiot, lunatic or habitual drunkard, or to an attorney appointed by the court to attend to the interests of any defendant, upon whom other than personal service may have been made, and who has not appeared, for costs, expenses and counsel fees, and by whom or out of what fund the same shall be paid),^ [or, as above to (*) and from thence as follows : Set aside and that a rehearing be had before the said commissioners (or, before I. J., K. L., and L. M., three disinterested and competent freeholders, residents of the county of , who are hereby appointed commissioners to ascertain the compensation to be made to the owners for the said property to be taken for the public use above specified)].* of infants, etc., and see § 3373, id., as to proceedings under final order, and effect of such order. 3. Upon the motion the court may confirm the report, or may set it aside for irregularity, or for error of law in the proceedings before the commis- sioners, or upon the ground that the award is excessive or insufBcient. If the report is set aside, the court may direct a rehearing before the same commissioners, or may appoint new commissioners for that purpose, and the proceedings upon such re- hearing shall be conducted in the manner prescribed for the original hearing, and the same proceedings shall be had for the confirmation of the second report, as are prescribed for the confirmation of the first re- port. (Id., §3371.) I. If the report is confirmed, the court shall enter a final order in the proceeding, directing that compensa tion shall be made to the owners of the property, pursuant to the determi- nation of the commissioners, and that upon payment of such compensa- tion, the plaintiff shall be entitled to enter into the possession of the prop- erty condemned, and take and hold it for the public use specified in the judgment. Deposit of the money to the credit of, or payable to the order of the owner, pursuant to the direction of the court, is to be deemed a payment within the provisions of title i of chapter 23 of the Code of Civil Pro- cedure. (N. Y, Code of Civ. Proc, § 3371, last clause.) 2 See I 3372 of Code of Civil Procedure, as to costs and general directions for payment to guardians 438 Forms of No. 342. Offer to purchase the property at a specified price, before ser- vice of petition and notice in proceeding for condemnation of real property. (N. Y. Code Civ. Proc, § 3372.) (Title of proceeding, as in form No. 323.) The plaintiff hereby offers, pursuant to the provisions of section 3372 of the Code of Civil Procedure, to purchase from you the property described in the petition in the above- entitled proceeding as follows : (Insert description of prop- erty) at the sum of dollars.^ Yours, etc., A. B., (or, the A. B. Company, by R. F., President,) Plaintiff. To C. D., Defendant. I. In all cases where the owner is ten days thereafter be filed in the a resident and not under legal d is- office of the clerk of the county where ability to convey title to real property the property is situated; and which the plaintiff before service of his peti- cannot be given in evidence before tion and notice, may make a written the commissioners, or considered by offer to purchase the property at a them. (N. Y. >Code Civ. Proc, specified price, which must within § 3372.) No. 343. Acceptance of plaintiff's offer, form No. 342. (N. Y. Code Civ. Proc, § 3372.) (Title of proceeding, as in form No. 323.) The defendant, C. D., hereby accepts the offer of the plaintiff, dated , i , made in the above-entitled pro- ceeding and heretofore served upon him, to purchase the property described in the petition in the said proceeding at the sum of dollars.^ Yours, etc., CD., To A. B. Defendant, (or, The A. B. Company, plaintiff.) I. The owner may at the time of at any time previously, serve no- the presentation of the petition, or tice in writing of the acceptance of Condemnation of Real Property. 439 plaintiff's offer, and thereupon the the possession of the real property plaintiff may upon filing the petition, described in the petition, and take with proof of the making of the offer and hold it for the public use therein and its acceptance, enter an order specified. (N. Y. Code Civ. Proc, that upon payment of the compensa- § 3372.) tion agreed upon, he may enter into No. 344. Order upon offer and acceptance in proceeding for condemna- tion of real property. (N. Y. Code Civ. Proc, § 3372.) At, etc., as in form No. 329. (Title of proceeding, as in form No. 323.) A written offer having been made on the day of , I , by the plaintiff in the above-entitled proceeding, be- fore service of the petition and notice, pursuant to section 3372 of the Code of Civil Procedure, to the defendant, C. D., a resident of this State, and not under legal disability to con- vey title to real property, to purchase the property described in said petition at the price of dollars, and said offer having been filed in the clerk's office of county, on the day of , I , and the said C. D., having at (or, previous to) the time of the presentation of said petition, served notice in writing of the acceptance of plaintiff 's said offer. Now, upon filing the petition, with proof of making the said offer and its acceptance, it is hereby ordered, pursuant to said section 3372 of the Code of Civil Procedure, that upon payment of the compensation agreed upon, the plaintiff may enter into possession of the real property described in the petition as follows, to-wit : All, etc. (describing property), and take and hold said real property for the public use therein specified, to-wit, for (stating public use).* I, See note i to form No. 343, 440 Forms of No. 345. Notice by plaiutiflT of abandonment of proceeding fbr con- demnation of real property. (N. Y. Code Civ. Proc, § 3374.) (Title of proceeding, as in form No. 323.) Notice is hereby given that the plaintiff has determined to abandon and does hereby abandon the above-entitled pro- ceeding.' Dated , i . M. F., Attorney for plaintiff. (Office address.) To the clerk of county, and to C. D., etc. (name par. ties and their attorneys). I. This notice must be filed and compensation shall not be enforced, served within thirty days after the but in such case the plaintiff cannot entry of the final order, and the renew proceedings to acquire title to plaintifi must also pay the fees and such land, or any part thereof with- expenses of the commissioners, and out a tender or deposit in court of the costs and expenses directed to the amount of the award and interest be paid in such order ; and thereupon thereon. (N. Y. Code Civ. Proc, payment of the amount awarded for § 3374.) No. 346. Kotice of appeal &om final order in proceeding for condenmar tion of real property. (N. Y. Code Civ. Proc, § 3375.) (Title of proceeding, as in form No. 323.) Sirs: Take notice, that the (defendant) C. D. hereby appeals from (so much of) the final order made in the above-entitled proceeding, dated , i (as affects the said C. D.), (and that (so much of) the judgment made on the day of , I , in said proceeding and entered in the ■ county clerk's office on the day of , i , and the Condemnation of Real Property. 441 proceedings antecedent thereto (affecting the said C. D.), will be brought up for review upon such appeal).' Dated , i Yours, etc., M. F., Attorney for (defendant, C. D.) (Office address.) I. See section 3375 of the New York Code of Civil Proceedure, as to such appeal and the effect thereof. No. 347. Kotice of appeal from judgment rendered in fkvor of defend- ant in proceeding for condemnation of real property. (N. Y. Code Civ- Proc, § 3376.) (Title of proceeding, as in form No. 323.) Take notice, that the plaintiff, A. B. (or, The A. B. Com- pany), appeals upon questions of law and upon the facts' to the General Term of the Supreme Court from (so much of) the judgment entered in the above-entitled proceeding on the day of , i , in the county clerk's of- fice (as directs that, etc.)^ (and that the appellant intends to bring up for review upon such appeal the order entered in said proceeding, on the day of , i ).^ Dated , i . J.F., Attorney for the Plaintiff. (Office address.) To M. N., Esq., Attorney for the defendant, and the clerk of county. 1. See § 1346 of New York Code but if reversed or modified, no costs of Civil Procedure of the appeal shall be allowed to 2. See § 3376 of New York Code either party. (Id., § 3376-) of Civil Procedure, as to this appeal. 3. See § 1301 of New York Code If the judgment is affirmed, costs of Civil Procedure, shall be allowed to the respondent, 56 442 Forms of No. 348. ITotice of argument of appeal &om the final order confirming the report of commissioners of appraisal in proceeding for condemnation of real property. (N. Y. Code Civ. Proc, § 337;.) (Title of proceeding, as in form No. 323.) Sir: Take notice that the appeal of C. D., from (so much of) the final order, in the above-entitled proceeding (as affects the said C. D.), will be brought to a hearing and argument before this court, at a General Term thereof, to be held at the court-house in the (city) of , on the day of • I , at the opening of the court on that day (or, at ' o'clock in the noon of that day), or as soon thereafter as. counsel can be heard. Dated i . Yours, etc., M. N., Attorney for Appellants. (Office address.) To P. C, Esq., Attorney for respondent. No. 349. Order upon appeal from final order in proceeding for con- demnation of real property directing re-appraisal by same or new commissioners. (N. Y. Code Civ. Proc, § 3377.) At a General Term of the Supreme Court held in and for the judicial department, at in the (city) of , on the day of , i- Present : — Hons. A. A., Presiding Justice, and W. L. and J. L., Justices. (Title of proceeding, as in form No. 323.) (*) The appeal of C. D., herein,, coming on to be heard, and after hearing M. N. of counsel for the appellant, and J. F. for the respondent herein, and due deliberation having been had thereupon : Condemnation of Real Property. 443 It is hereby ordered, that the report and appraisal made herein, be and the same are hereby respectively set aside, and that the order confirming said report and appraisal be and the same is hereby vacated. And it is further ordered, that a new appraisal be had herein before the same commissioners heretofore appointed [or, and for that purpose it is further ordered, that I. J. of , J. K. of , and K. L. of , three disinterested and competent freeholders, residing in the county of , be and they are hereby appointed commissioners to ascer- tain the compensation to be made to the owners for the property hereinafter described, to be taken for the public use specified in the petition in this proceeding, to-wit, for (stat- ing public use.)] And it is further ordered, that the first meeting of said commissioners be held at (insert place of meeting), on the day of , I , at o'clock in the noon.' I. See § 3377 of the New York That a second appraisal cannot be Code of Civil Procedure. The re- claimed as a matter of right, see N. port of the commissioners upon this Y. and Erie Railroad Co. v, Coburn second appraisal is made final and (6|How. Pr. 223); Buffalo, etc.. Plank- conclusive upon all parties inter- road Co. v. Commissioners of High- ested. ways (10 id. 237). No. 350. Order affirming, reversing or modifying judgment on ap- peal therefrom, in proceeding for condemnation of real property. (N. Y. Code Civ. Proc, § 3376.) As in form No. 349, to (*) and from thence as follows : The appeal in the above-entitled proceeding from the judgment entered therein on the day of , i , having been heard at this term, it is hereby, on motion of A. M., for the respondent, after hearing M. N. for the appel- lant : Ordered, that the said judgment be and the same is hereby wholly afifirmed, with costs of the said appeal, to the respondent [or, wholly reversed and a new trial therein or- 444 Forms of dered f or, modified in the following particulars, to-wit (state modification) : and that the said judgment, as thus modified, be and the same is hereby affirmed (or state other relief)]^ 1. See note to next form, No. 351, in case of reversal may grant a new as to cases in which new trial should trial, or direct that judgment be en- be granted. tered in favor of the plaintiff. If the 2. The provisions of chapter 12 of judgment is affirmed, costs shall be the New York Code of Civil Pro- allowed to the respondent,' but if re- cedure relating to appeals from judg- versed or modified, no costs of the ments are made applicable to such appeal shall be allowed to either appeals; and on the hearing of the party. (N. Y. Code Civ. Proc. appeal the General Term may affirm, § 3376.) reverse or modify the judgment, and No. 351. Judgment of afOrmance on appeal &oia judgment in proceed- ing for condemnation of real property. (N. Y. Code Civ. Proc, § 3376.) (Title of proceeding, as in form No. 323.) Judgment of the day of , i . The appeal taken by the defendant, C. D. (or, by the plaintiff) in the above-entitled proceeding, having been heard at a General Term of the court, held in and for the Judicial Department, on the day of , i , and am order of said General Term having been made and entered affirming the judgment of the Supreme Court, entered in said proceeding on the day of , i , in the county clerk's office of county, with costs of the said appeal to the respondent ; (or, reversing the judgment of, etc. (as above), and ordering a new trial ; or modifying the judg- ment of, etc. (as above), as hereinafter mentioned). Now, on motion of M. N., attorney for the (respondent), it is hereby adjudged that the said judgment appealed from be and the same is hereby wholly (*) affirmed, and that the respondent '(A. B., or, the A. B. Company) recover from and against the appellant the sum of dollarSj costs of said fippeal. Condemnation of Real Property. 445 (Or, as above, to (*), and from thence as follows : reversed and a new trial ordered.)^ [Or, as abore, to (*), and from tbence as follows : modi- fied in the following particulars, to-wit (state modification) : and that the said judgment, as thus modified, be and the same is hereby affirmed.]^ J. L., Clerk. I. See, as to cases in which new Robinson (37 id. 345); Thomas v. N. trial should be granted,, Ehrichs v. Y. Life Ins. Co. (gg N. Y. 250); De Mill (75 N. Y. 370, 374),; Price V. 2. See note 2 to last form No. 350. Price (33 Hun, 432); Patterson v. No. 352. AfB.davlt upon motion for permission to plaintifiTto eztter upon real property in proceedings for its condemnation. (N. Y. Code Civ. Proc, § 3380.) (Title of proceeding, as in form No. 323.) A. B., of , being duly sworn, says : That he is (de- scribing affiant) ; that the above-entitled proceeding has been commenced to acquire title to the real property described in the petition therein, a copy of whieh is hereto annexed, for the public use mentioned in said petition by condemnation thereof. That an answer to said petition has been interposed by the defendant C. D., a copy of which is hereto annexed. That the public interests will be prejudiced by delay in plaintiff's entering upon the said real piroperty, as w31 appear from the following facts, namely (state facts showiiig this to be the case).' A. B. (Jurat, as in form No. 32.) I. See § 3380 of the New York Code of Civil Procedure as to this pro- ceeding. 446 Forms of No. 353. ITotiee of motion for permission to plaintifTto enter upon real property in proceeding for its condemnation. (N. Y. Code Civ. Proc, § 3380.) (Title of proceeding, as in form No. 323.) To C. D., Esq. (attorney for) defendant. Sir: Take notice that upon the affidavit and papers with copies of which you are herewith served, and upon all the papers and proceedings in the above-entitled proceeding, a motion will be made at a special term of the Supreme Court, to be held at , in the (city) of ■, on the day of , I , at the opening of the court (or, at o'clock in the noon), or as soon thereafter as counsel can be heard, for an order (*) directing that the plaintiff be permitted to enter immediately upon the real property described in the petition in said proceeding, and devote it temporarily to the public use specified in said petition, upon depositing with the court the sum stated in the answer of said C. D. as the value of the property, to-wit : The sum of dollars, and for such other or further relief as to the said court may seem just and proper.^ Dated , i Yours, etc., I. J., Attorney for plaintiff. (Office address.) 1. See § 3380 of the New York Code of Civil Procedure, generally as to this application. No. 354- Order permitting the plaintiff to enter upon the real property to be taken in proceeding for its condemnation. (N. Y. Code Civ. Proc, § 3380.) At, etc., as in form No. 329. (Title of proceeding, as in form No. 323.) On reading and filing the affidavit of A. B., dated ; I , with notice of motion and proof of due service thereof Condemnation of Real Property. 447 upon C. D., the attorney for the defendarit, and on motion of M. N., counsel for the plaintiff, after hearing O. F., counsel for the defendant C. D. (or, no one appearing to oppose) ; It is hereby ordered, that the plaintiff be permitted to enter immediately upon the real property described in the petition in the above-entitled proceeding, and devote it temporarily to the public use specified in the petition, upon depositing with the court the sum stated in the answer of said C. D. as the value of the said property, to-wit, the sum of dollars.'' I. As to the application to be made section 3880 of the New York Code of the amount deposited, and further of Civil Procedure, proceedings in regard thereto, see No. 355. Notice of pendency of proceeding for the condemnation of real property. (N. Y. Code Civ. Proc, § 3381.) (Title of proceeding, as in form No. 323.) Notice is hereby given, that a proceeding has been com- menced in the Supreme Court of the State of New York, by the above-named plaintiff against the above-named defend- ant (or, defendants), and is now pending in said court, and that the object of said proceeding is to acquire title to the real property described in the petition in said proceeding, for the public use of (stating same) by the condemnation of said real property in the manner prescribed in title one of chapter twelve of the Code of Civil Procedure, and that the real property situated in the county of , affected by said proceeding, is described as follows, to-wit (describe prop- erty).i Dated , i M. N., Plaintiff's Attorney. (Office address.) 448 Forms of To the county clerk of county : You are hereby directed to index the foregoing notice to the names of all the defendants [or, to the name (or names), of the defendant (or, defendants, C. D. and (E. F.)], in the above-entitled proceeding.^ M. N., Plaintiff's Attorney. (Office address.) 1. As to contents of this notice and filing and effect thereof, see section 3381 of the New York Code of Civil Procedure. 2. The county elerk must imme- diately record such notice when filed, in the book in his office kept for the purpose of recording notices of pen- dency of actions, and index it to the name of each defendant specified in the direction appended at the foot of the notice, and sabscribed by the plaintiff or his attorney. (N. Y. Cede Civ. Proc, § 338i.> Conveyances. See Deeds ; Bills of Sale ; Assignments. Copyright. 449 CHAPTER XV. Forms of Copyright. No. 356. Record to be made of the name of a book, etc., upon granting a copyright, by librarian of Congress. No. 356. Becord to be made of name of book, etc., upon granting of copyright by librarian of Congress. (U. S. Rev. Stat., § 4957.) Be it remembered that on — , hath deposited in this Library of Congress, to-wit : the day of — A. B., of office the title of a book (map, chart, or otherwise, as the case may be, or description of the article), the title or de- scription of which is in the following words, to-wit : (here insert the title or description) the right whereof he claims as author, (originator, or proprietor, as the case may be) in conformity with the laws of the United States respecting copyrights.^ CD., Librarian of Congress. The "printed " copy of the title of a book required by section 4956 of the United States Revised Statutes, to be delivered or mailed to the libra- rian of Congress, may be " printed " with a pen as well as type, with or without the aid of tracing paper. (Chapman v. Ferry, 18 Fed. Rep. 539-) See, also, Marsh v Warren (14 Blatchf. 263); Donnelley v. Ivers (20 id. 281; 18 Fed. Rep. 592); Lawrence V. Dana (4 Cliff, i, 63; S. C, 2 Am. L. T. N. S. 402), generally as to de- posit of title. I. See Revised Statutes of the United States, §§ 4956, 4957, as to delivery at the office of the librarian of Congress, or depositing in the mail addressed to such librarian, of a printed copy of the title of the book or other article, etc., and the record to be made by him. Section 4957 also provides that he shall give a copy of the title or description, un- 4er the seal of the librarian of Con- gress, to the proprietor whenever he shall require it. As to his fees for recording title and copy, see id., § 4958. 57 450 Forms Relating to CHAPTER XVI. Forms Relating to Corporations. TITLE I. Forms Under Banking Law of the State of New York. (Laws of N. Y. of 1892, chap. 689.) Article i. Forms Relating to Banking Corporations and Individual Bankers. (Laws of N. Y. of 1892, chap. 689, art. 2.) No. 357. Affidavit to be made before commencing business of banking. 358. Report by banking corporation or individual banker, to be made at least once in every three months. 359. Statement to be published annually by bank or individual banker of unclaimed deposits, dividends, etc. 360. Application to superintendent of banks by corporation for leave to change place of business. 361. Certificate of superintendent of banks consenting to change of location. 362. Certificate of superintendent of banks of approval, and of com- pliance with provisions of banking laws. 363. Certificate of superintendent in case of foreign corporation. 364. Appointment of superintendent as attorney for service of process. 365. Certificate of incorporation of bank. 366. Certificate of individual banker's residence to be filed by him, 367. Notice of change of place of residence of individual banker. 368. Agreement of consolidation of two or more banking corpora" tions. 369. Notice to stockholders of intention to consolidate two or more banking corporations. 370. Affidavit of service of notice of intention to consolidate two or more banking corporations. 371. Consent of stockholders of banking corporation to consolidation. 372. Affidavit of assent of stockholders owning two-thirds of stock of banking corporation to consolidation. 373. Certificate of superintendent as to value of property of corpora- tions to be consolidated. Corporations. 45 1 No. 374. Dissent of stockholder to consolidation of banking corporation. 375. Oath of directors of banking corporation. 376. Authority of stockholders to change National bank to State bank. 377. Resolution of board of directors of bank in favor of change of National bank to State bank. 378. Certificate of incorporation of banking corporation changing from National to State bank. 37g. Notice to comptroller of the currency that a vote of stockholders of National bank to go into liquidation and be closed has been taken. 380. Notice to be published of vote of shareholders owning two-thirds of stock of National bank to go into liquidation and close up its alfairs. 381. Assent of depositors to the transfer of their deposits. 382. Power of attorney for distant stockholders, if their assent is needed. No. 357. Affidavit to be made before commencing business of banking. (Laws of N. Y. of 1892, chap. 689, § 13.) — -County, ss.: A. B. and C. D., of, etc., being severally duly sworn, say, and each for himself says : That the said A. B. is the (presi- dent), and said C. D. the (cashier) of the (name of corpora- tion). That the whole (or, the portion) of the capital stock of said banking corporation has been actually paid or secured according to law.* (Jurat, as in form No. 32.) A. B. C. D. I. Section 13 of chapter 689 of paid or secured according to law. Laws of New York of 1892 requires Such affidavit may be made before that no banking corporation shall any officer authorized to administer commence its corporate business un- oaths in the county where the corpo- til its president and cashier, or treas- ration has its principal place of busi- urer or secretary, or its two principal ness, and shall be filed in the clerk's officers by whatever name known, office of such county. Every such shall have made and subscribed an corporation shall cease to be a cor- affidavit stating that the whole of its poration if the affidavit above re- capital stock, or such portion thereof quired shall not be made and filed as by law shall be required to be paid within one year from the time its or secured before the commencement charter is granted . of its operations, has been actually 452 Forms Relating to No. 358. Beport by banking corporation or individual banker, to be made at least once in every three months. (Laws of N. Y. of 1892, chap. 689, § 20.) Quarterly Report of the Bank of , on the Morning of the day of , i . Resources. Loans and discounts, less due from directors $352,711 16 Due from directors 40,500 00 Overdrafts, as per schedule 168 53 Due from trust companies, State and National banks, as per schedule 25,729 38 Stocks and bonds, as per schedule 1,000 00 Specie , 1,54074 U. S. legal tender notes and circulating notes of National banks 6,301 00 Cash items, viz.: Bills and checks for the next day's exchanges . $744 98 Other items carried as cash, as per schedule.. . 2,590 53 3.335 51 Loss and expenses, viz.: Current expenses 382 50 Assets not included under any of the above heads, viz.: Furniture and fixtures 3,000 00 $434,668 82 Liabilities. Capital stock paid in, in cash ^ . , $100,000 00 Surplus fund 10,000 00 Undivided profits, viz.: Discount $52898 Exchange 9 65 Other profits 1,43226 1,970 89 Due depositors as follows, viz.; Deposits subject to check $200,704 20 Demand certificates of deposit i,352 50 Time certificates of deposit 50,204 75 252,261 45 Due trust companies. State and National banks, as per schedule 19,384 66 Due treasurer of the State of New York 51,051 82 $434,668 82 Corporations. 453 Ew York, |^ ^^ County of ■ State of New York, ) , president, and , cashier of the bank of N. Y., a bank located and doing business at No. , in the city of , in said county, being duly sworn, each for himself, says, that the foregoing report, with the schedule accompanying the same, is, in all respects, a true statement of the condition of the said bank, before the transaction of any business on the day of , i , to the best of his knowledge and, belief; and they further say that the business of said bank has been tran- sacted at the location named, and not elsewhere; and that the above report is made in compliance with an official notice received from the superintend- ent of the banking department, designating , the day of , I — , as the day on which such report shall be made.' , President. . Cashier. Severally subscribed and sworn to by both depo- ) nents, the day of , i , before me. ) Notary Public, County. I. See section 20, chapter 68g of such report, or to include therein any Laws of New York of 1892, as to this matter required by the superintend- report and its contents. Also as to ent, see § 21, id. contents of report by savings banks. As to publication by superintend- trust companies and safe deposit com- ent of summary statement of such re- panies, see same section. port, see § 22, id. As to penalties for neglect to make No. 359. Statement to be published annually by bank, or individual banker, of unclaitned deposits, dividends, etc. (Laws of N. Y. of 1892, chap. 689, § 28.) Statement by the (name of corporation) a banking cor- poration of the State of New York (or, by A. M., an individual banker of the State of New York) located, etc. (or of, etc.) made pursuant to section 28 of chapter 689 of the Laws of New York of 1892, of all deposits made with such bank (or, with said A. M.), and of all dividends and interest declared upon any of the stock, bonds, or other evidences of indebtedness, which at the date of this state- 454 Forms Relating to ment amount to fifty dollars or over, and have remained unclaimed by any person or persons authorized to receive the same, for five years next preceding such date, viz. : Date of deposit. Amount th,ereof. Name and residence of person making it. Name and residence of person in wnose favor dividend was declared or interest ac- crued. Time when declared or when in!;er est accrued. Amount of dividend or interest, On what number of shares, and on what amount of bonds, stock or other evidence of indebtedness declared or accrued. Dated The (name of corporation.) by C. R., Cashier, (or, A. M.) State of New York, ) > ss. : County, 1 C. R. (or, A. M.) of , being duly sworn, says : That he is the cashier of the (name of corporation) (or, is the indi- vidual banker) mentioned in the foregoing statement : That said statement is true and accurate.* C. R. (or, A. M.) (Jurat, as in form No. 32.) I. See section 28 of chapter 689 of Laws of New York of 1892, as to this statement which is required by that section to be published annually, on or before September first, for six suc- cessive weeks in one newspaper of the county in which such bank or in- dividual banker is located, and in a paper at Albany, in which notices by State officers are required by law to be published. As to such newspa- pers, see Laws of N. Y. of 1885, ch. 262, § I, Birdseye's Stats., 2807. Corporations. 455 No. 360. Application to superintendent of banks, by corporation, for leave to change place of business. (Laws of N. Y. of 1892, chap. 689, § 29.) To Hon. A. M., Superintendent of Banks of the State of New York : The (name of corporation) a banking corporation organized I -, pursuant to an act of the legislature of the State of New York, entitled "An act, etc.," passed i (and the acts amendatory thereof and supplementary thereto), hereby makes application pursuant to statute for leave to change its place of business from its present location in the (city) of , in the county of , to (stating place) ; the reasons for which proposed change are as follows (stating same) : That notice of the intention of said corporation to make this application has been published according to law, and that the proofs of such publication are annexed to this application. Dated i . (Signatures of majority of the directors.) (Acknowledgment by directors, as in form No. 89.) We, the undersigned, stockholders of the (name of corpo- ration), holding (more than) two-thirds in amount of the stock of said corporation, and each the number of shares thereof set opposite our respective signatures hereto, do hereby assent (*) to the change of the location of the place of business of said corporation, mentioned in the above application, from the city of , in the county of , to (stating place). Dated , i . A. B. shares. C. D. shares, etc. (Acknowledgment by stockholders, as in form No. 89.) 456 Forms Relating to No. 361. Certiflcate of superintendent of banks consenting to change of location. (Laws of N. Y. of 1892, chap. 689, § 30.) An application dated , i , having been duly made to the undersigned, superintendent of banks of the State of New York, which application is signed by (a majority of) the directors of the (name of corporation) a banking corpo- ration duly incorporated under an act of the legislature of the State of New York, entitled " An act, etc.," passed I , for leave to change the place of business of said cor- poration from its present location at the (city) of , in the county of , to (stating place), and said application being accompanied by the written assent of (more than) two-thirds in amount of the stockholders of said corporation, and by proof of the publication of notice of this application, as re- quired by law. And I being satisfied that there is no reasonable objection to such change of location, I do hereby make this certificate pursuant to statute, hereby authorizing, when the require- ments of section 22 of chapter 689 of the Laws of New York of 1892 shall have been fully complied with, the said change of the location of the place of business of the said (name of corporation) on or after the day of , i , from its said present location to (stating place). In witness whereof, I have hereunto set my hand and ofificial seal this day of , in the year i , at the city of Albany, in the State of New York.' (Signature of Superintendent.) [L. S.] Superintendent. I. See section 22 of chapter 689 of with the clerk of the county to which the Laws of New York of 1892, as to its place of business is changed, if this certificate, which is to be filed in in another county, and published the Office of the superintendent, and once in each week for four succes- a certified copy with the clerk of the sive weeks in the newspapers in county in which the place of business which the notice of application was of the corporation is located, and published. Corporations. 457 No. 362. Certificate of superintendent of banks of approval and of com- pliance •with provisions of banking law* (Laws of N. Y. of 1892, chap. 689, § 30.) I, A. B., superintendent of banks of the State of New, York, do hereby certify, pursuant to statute, that the (name of corporation) a ('*) banking corporation duly incorporated under the act of the legislature of said State, entitled " An act in relation to banking corporations," passed May 18, 1892, known as the banking law, has complied with the pro- visions of that act, and with all the requirements of law, and that it is authorized to transact within that State the busi- ness of banking as defined by that act, to-wit : to issue bills, notes or oth^r evidences of debt for circulation as money, and to receive deposits of money and commercial paper, and to make loans thereon, and to discount bills, notes and other commercial paper, and to buy and sell gold and silver bul- lion, or foreign coins or bills of exchange (or, state other business authorized by section 2 of that act, as may be re- quired), and that such business can be safely intrusted to it, and I do hereby approve of the transaction of such business by said banking corporation.' [L. S.J A. B., Superintendent. I. See section 30 of chapter 68g of to be kept by him for that purpose the Laws of New York of 1892, as to and a certified copy thereof filed in this certificate, which is required by the office of the clerk of the county that section to be recorded in the where the corporation is to have its office of the superintendent in a book principal office. No. 363. Certificate of superintendent in case of foreign corporations. (Laws of N. Y. of 1892, chap. 689, § 31.) As in last form. No. 362, to (*), and from thence as fol- lows : Foreign corporation incorporated under the laws of the State of , for the purpose of carrying on the business of (stating same as specified in articles 5, 6 or 7 of chapter 689 of Laws of New York of 1892), has complied with all 58 4S8 Forms Relating to the provisions of an act, etc. (describing same as in last form. No. 362), applicable to it, and with all the requirements of law, and that it is authorized to transact the business of (banking) within this State, to-wit (stating particulars as in form No. , or, otherwise stating business of corporation), and that such business may be safely intrusted to it. In witness, etc. (as in last form. No. 362).* (Signature of superintendent) t^^^^-J Superintendent. I. See section 31 of chapter 689 of time to time for a lilje period if satis» Laws of New York of 1892, as to this fied that the corporation has 'coin- certificate and permission, which is plied with all the provisions of said to continue in force only for one chapter and with the requirements of year from its date, but may be re- law and that such business can be newed by the superintendent from safely intrusted to it. No. 364. Appointment of superintendent as attorney for service of process. (Laws of N. Y. of 1892, chap. 689, § 32.) Know all men by these presents, that the (name of cor- poration), a (banking) corporation organized pursuant to (or, incorporated by) the laws of the State of , does hereby appoint and constitute A. M., the superintendent of banks of the State of New York, its true and lawful attorney, upon whom all process in any action or proceeding by any resi- dent of the State of New York against it, may be served with the same effect as if it existed in the State of New York, and had been lawfully served with process therein. In witness whereofj the said (name of corporation) has caused its corporate seal to be hereunto afifijted and these presents to be signed by its president, this day of , y 1 j The (name of corporation) [SEAL.J by M. R., President. Sealed and delivered in presence of E. B. (Acknowledgment or proof, as in forms Nos. 6, etc.) I. See section 32 of chapter 689 of this appointment and as to duty or the Laws of New York of 1892, as to superintendent and hjis fees upon re- Corporations. 459 ceiviog process. The tenn process any suit, action or proceeding shall in this section includes any writ, be commenced by a resident of the summons, petition or order whereby State, No. 365. Certificate of inoorporation of bank. (Laws of N. Y. of 1892, chap. 689, § 40.) We, the undersigned, for the purpose of becoming a bank, pursuant to the provisions of an act of the legislature of the State of New York, passed in the year 1892, and known as the banking law, do hereby make and acknowledge in dupli- cate the following certificate, and do hereby certify and state : First. That the name by which such bank is to be known shall be the (insert name of corporation). Second. That the operations of discount and deposit of said bank are to be carried on at the city (or, town, or vil- lage) of , in the county of r, in said State. Third. That the amount of the capital stock of said bank shall be dollars,' which capital stock shall be divided into shares, of — — dollars each. Fourth. That the names and places of residence of the stockholders of said bank, and the number of shares of the stock of said bank held by them respectively, are as follows : J. R., who resides in the city of , in the county of ■, and State of, and is the holder of shares of said stock; P. B., who resides in the (town) of , in the county of and State of , who is the holder of shares of said stock, etc. (stating in like manner as to each stock- holder). Fifth. That said corporation shall commence on the day of , in the year i , and terminate on the day of , in the year i . Sixth. That the number of the directors of said bank shall be (five),^ and the names of the stockholders who shall be such directors for the first year of its incorporation, are as follows (naming them) : 460 Forms Relating to [Seventh. (Here insert any provisions for an increase of the capital stock and of the number of persons forming the corporation from time to time as the stockholders may deem proper, and for the manner in which the stock of the corpo- ration may be transferred, and for the number of directors necessary to constitute a quorum, and for the time when the annual election of directors shall be held.)]' (f) In witness whereof, we have hereunto set our hands this day of I .* (Signatures of corporators.) (Acknowledgment, as in form No. 89.) 1. The amount of the capital stock not be inserted. (Id., subd. 6, last shall not be less than $50,000 in any clause.) city, village or town whose popula- 4. See section 40 of chapter 689 of tion does not exceed thirty thousand, Laws of New York of 1892, generally and not less than $100,000 elsewhere, as to this certificate and its contents. (Laws of 1892, chap. 689, § 40, See, also, §41, id., as to amended cer- subd. 3.) tificate. 2. The number of directors shall The above certificate is to be filed not be less than five. (Id., subd. 6.) in the office of the clerk of the county See also section 50 of same chapter where the bank is to be establishedi as to qualifications of directors. For and a certificate in duplicate is to be form of oath to be taken by directors, filed in the office of the superintend- see form No. 375. ent of banks. (Id., § 40.) 3. These provisions may or may No. 366. Certificate of individual banker's residence to be filed by him. (Laws of N. Y. of 1892, chap. 689, § 42.) I, A. B., an individual banker, transacting (or, intending to transact) banking business at the (city) of , in the county of , in the State of New York, do hereby certify, pursuant to and in compliance with the banking laws of said State, that I reside in the said (city) of .' Dated , i . A. B. (Acknowledgment, as in form No. 89.) I. See 'section 42 of chapter 68g frequently used in our statutes and re- of Laws of New York of 1892. The ports, and has acquired a definite term "individual banker" has been meaning. It denotes a person who. Corporations. 461 having complied with the statutory any special privileges or authority requirements, has received authority from the State. (Perkins v. Smith, from the banking department to en- Ii6 N. Y. 441; S. C, 27 N. Y. State gage in the business of banking, sub- Rep. 541.) See, also, Laws of New ject to its inspection, supervision, York of 1892, chap. 689, § 2, for defi- and to the burdens imposed. Pri- nition of the term " individual vate bankers are persons or firms banker." engaged in banking without having No. 367. Notice of change of place of residence by individual banker. (Laws of N. Y. of 1892, chap. 689, § 42.) Notice is hereby given, pursuant to the banking law of the State of New York, by the undersigned, A. B., an indi- vidual banker, now transacting banking business at the (city) of , in the county of , in the State of New York, that his place of residence has been changed from the said city to the (city) of , in the county of , in said State.' Dated . i . A. B. (Acknowledgment, as in form No. 89.) I. This notice is to be forthwith (Laws of N. Y. of 1892, chap. 689, filed in the office of the superintend- § 42.) See, also, note i to last form, ent of banks upon any change of No. 366. residence by an individual banker. No. 368. Agreement of consolidation of two or more banking corpora- tions. (Laws of N. Y. of 1892, chap. 689, § 45.) This agreement made between the (name of corporation), party of the one part, and the (name of corporation), party of the other part, said parties being organized as banks, un- der the laws of the State of New York, and located in the same city (or, village, or, town), of said State, to-wit, in the (city) of , in the county of . 462 Forms Relating to Witnesses : First. That the said parties for the purpose of effecting a consolidation of said corporations, pursuant to the banking laws of the State of New York, do hereby enter into this agreement upon the following terms and conditions (stating same and the mode of carrying them into effect). Second. That the name of the said new corporation shall be (insert name), and the duration thereof shall be (stating term). Third. That the number of directors of said new cor. poration shall be , and the names of the persons to constitute the first board of directors thereof are (stating them). Fourth. That the time and place of holding the first elec tion of directors of said new corporation shall be (stating same). Fifth. The manner of converting the shares of each of such corporations into the shares of said new corporation shall be as follows (stating same). Sixth. (Add such other details and provisions as may be deemed expedient, not inconsistent with law.) In witness whereof we have hereunto set our hands and the seals of said corporations at the (city) of this day of , I . [SEALS.] (Signatures of directors.) (Acknowledgment, as in form No. 89.) I. See section 45 of chapter 689 of the Laws of New York of 1892, as to this agreement. No. 369. Notice to stockholders of intention to consolidate two or more banking corporations. (Laws of N. Y. of 1892, chap. 689, § 45.) To A. B., etc., stockholders of the (name of corporation): You are'hereby notified that it is proposed by the directors of the (name of corporation) to consolidate said corporation Corporations. 463 with the (name of corporation), pursuant to a resolution of the board of directors thereof, passed , i , of which a copy is hereto annexed.' Dated , i . By order of the board of directors. M. W., (Annex copy resolution.) Secretary. I. See section 45 of chapter 689 of No. 370. The service must be made Laws of New York of 1892, as to this personally or by mail at least ten notice and service thereof. For form days previous to entering into the of affidavit of service, see next form, agreement to consolidate. No. 370. Affidavit of service of notice of intention to consolidate two or more banking corporations. (Laws of N. Y. of 1892, chap. 689, § 45.) County of , ss.:_, A. M., of , being duly sworn, says, that on the day of , I , he served the annexed notice upon the following persons, stockholders of the (name of corporation), viz. (naming persons served), by delivering to and leaving with each of them personally a copy of said notice and of the resolution, a copy of which is thereto annexed : That on the day of , i , he served the said notice upon the following persons, stockholders of said cor- poration, viz. (naming persons served), by mailing to each of them copies of said notice and of said resolution at the post- office at the (city) of , inclosed in a sealed wrapper and directed respectively to each of said persons at their respective places of residence, and paying the postage upon each copy so deposited. That the persons so served are all the stockholders of said corporation.* A. M. (Jurat, as in form No. 32.) 1. See section 45 of chapter 68g of Laws of New York of 1892. See, also, note I to last form. No. 369. 464 Forms Relating to No. 371. Consent of stockholders of banking corporation to consoli- dation. (Laws of N. Y. of 1892, chap. 689, § 45.) We, the undersigned, stockholders of the (name of cor- poration), a corporation organized as a bank, under the laws of the State of New York, owning (more than) two-thirds in amount of the capital stock of the said corporation, do hereby consent, pursuant to the provisions of the banking law of said State, to the consolidation of said corporation with the (name of corporation), under an agreement entered into by the directors of said corporations under their respect- ive seals for such consolidation, which agreement bears date on the day of , i . In witness, etc. (as in form No. 365).* (Signatures of stockholders.) In presence of A. F., etc. (Acknowledgment, etc., as in form No. 89.) I. See section 45 of chapter 689 of Laws of New York of 1892, as to this consent. No. 372. Aflldavlt of assent of stockholders owning two-thirds of stock of banking corporation to consolidation. (Laws of N. Y. of 1892, chap. 689, § 45.) County, ss.: A. B., of , being duly sworn, says, that he is the (name office) of the , a corporation organized as a bank under the laws of the State of New York, which it is pro- posed to consolidate with the , another corporation organized as a bank under said laws. That an agreement has been entered into by the directors of said corporations under their respective corporate seals, for the consolidation of said corporations, as is required by the Corporations. 465 banking laws of said State, and that the written consent of stockholders of said (naming corporation) owning (more than) two-thirds in amount of the capital stock of said (last) mentioned corporation to such agreement, as required by said law, has been obtained.' A. B. (Jurat, as in form No. 32.) I. See section 45 of chapter 689 of by an officer of each corporation Laws of New York of 1892, as to separately, this affidavit, which should be made No. 373- Certificate of superintendent as to value of the property of corporations to be consolidated. (Laws of N. Y. of 1892, chap. 689, § 45.) I, M. N., superintendent of banks of the State of New York, do hereby certify, pursuant to the statute hereinafter mentioned, that upon the presentation to me of an agree- ment entered into in compliance with the statute known as the banking law, by the directors of the (name, of corpora- tion), and of the (name of corporation), corporations organ- ized as banks under the laws of the State of New York, and located in the same (city), to-wit, the city of , in the county of , under their respective corporate seals, for the consolidation of said corporations into a single corpora- tion to be located in said (city), to be named the (insert new name), which agreement is duly proved (or, acknowledged), with satisfactory proof by affidavit of the assent thereto of stockholders of each of said corporations owning (more than) two-thirds in amount of the capital stock of each corpora- tion, and of the service of notice upon each stockholder of said corporations respectively, personally or by mail (more than) ten days previous to entering into such agreement of the intention to consoHdate said corporations, I have caused to be made an examination of the books, property and lia- bilities of such corporations, and that from the result of such examination I have determined the value, in my judgment, of the property of said corporations above and beyond such 59 466 Forms Relating to debts and liabilities, and do certify that the value of siich property of the said amounts to the sum of del- lars, and that the value of the property of the said amounts to the sum of dollars.' In witness, etc. (as in form No. 361). [SEAL.J M. N., Superintendent. I. See section 45 of chapter 689 of See, also, same section as to record- Laws of New York of J892, as to this ing agreement, form No. 368, and certificate. The value of the property the above certificate and the effect as stated therein determines the thereof, capital stock of the new corporation. No. 374. Bissent of stockholder to consolidation of banking corpora- tion. (Laws of N. Y. of 1892, chap. 689, § 48.) - • I, M. B., a stockholder of the (name of corporation), own- ing — — shares of the stock thereof, and not having assented to the consohdation thereof with the (name of corporation) under the agreement of the directors of said corporations, dated , i , do hereby object to the said consolida- tion and demand payment for my said stock therein.' Dated , I . M. B. I. See section 48 of chapter 689 of Nos. 368, 373; and see same section the Laws of New York of 1892, as to as to payment for such stock by the this dissent, which is to be made new corporation, of the value thereof within twenty days of the recording of as determined by such certificate, the agreement and certificate, forms No. 375- Oath of directors of banking corporation. (Laws of N. Y. of 1892, chap. 689, § 51.) COUNTY, ss.: A. B., of , being duly sworn, says: That he will, so far as the duty devolves upon him, diligently and honestly administer the affairs of the (name of corporation), of which Corporations. 467 corporation he has been elected (or, appointed) a director, and will not knowingly violate, or willingly permit to be vio- lated, any of the provisions of law applicable to such corpo- ration, and that he is the owner in good faith and in his own right, of the number of shares of stock required by chapter 689 of the Laws of New York of 1892, known as the banking law, subscribed by him or standing in his name on the books of the said corporation, and that the same is not hypothe- cated, or in any way pledged as security for any loan or debt. A. B. (Jurat, as in form No. 32.) I. Such oath is to be subscribed transmitted to the superintendent of by the director mailing it, and certi- banks, and filed and preserved in his fied by the officer before whom it is office. (Laws of N. Y. of 1892, chap. taken, and is to be immediately 689, § 51.) No. 376. Authority of stockholders to change National bank to State bank. (Laws of N. Y. of 1892, chap. 689, § 63.) We, the subscribers, stockholders in the (name of corpo- ration) a banking corporation located in the (city) of , in the county of and State of New York, owning two- thirds of its stock, do hereby vote to have said bank go into liquidation under and by authority of the forty-second section of the National Currency act, approved June 3, 1864, entitled "An act to provide a National Currency," etc., and for that pur- pose we hereby request and empower the directors of said bank, or a majority of 'them, to do and perform all necessary acts for us, and in our respective names, in furtherance of the object of this vote for closing up the affairs of said bank or banking association. And we hereby authorize and empower said directors, or a majority of them, to reorganize said bank under the bank- ing laws of the State of New York, agreeably to the pro- visions of an act of the legislature of said State, passed May 18, 1892, known as the banking law. 468 Forms Relating to And in reorganizing said bank or banking coi-poration^ full authority is hereby given to a majority of the said di- rectors to execute the certificate of incorporation required by section 63 of said last-mentioned act. The name to be assumed by the reorganized bank shall be the (state name). . And we, the subscribers, respectively and collectively agree to ratify and confirm all that said directors may legally do in our behalf. Witness our hands and seals, with the number of shares owned by each of us expressed opposite our respective names. Signatures. No. shares. A. M. (l. s.) shares. C. N. (l. s.) shares, etc., as to each. (Acknowledgment or proof by signers, as in form No. 89. )^ No. 377- Besolution of board of directors of bank in favor of change ol National bank to State bank. (Laws of N. Y. of 1892, chap. 689, § 63.) Whereas, a vote of stockholders owning (more than) two- thirds of the stock of the (name of corporation), has this day been presented to this board, for going into liquidation and closing up the affairs of said corporation agreeably to section 42 of the National Currency act, approved June 3, 1 864 : Therefore, resolved, that we proceed at once to com- ply with said vote, and that we take all necessary steps for the execution of the same. That our cashier notify the comptroller of the currency of this vote, and send him a certificate of the same, under the seal of this association, and publish the same as required by law. That our circulation be retired or provided for, and the bonds pledged for its re- demption be redeemed agreeably to the provisions of said . National Currency act, or any act or acts amendatory of the same. And a majority of this board, having simultaneously herewith executed and filed the certificate of incorporation Corporations. 469 authorized by an act of the legislature of the State of New- York, passed May 18, 1892, and known as the banking law, whereby a State banking corporation was organized as the (insert name of corporation), as required by section 63 of said banking law, to take the place of this National asso- ciation. Resolved, that all the effects and assets of every kind, real and personal, be passed over and transferred, and hereby are passed over and transferred to said (name of new corporation), organized to take the place of the said National ■association. (Signatures of directors.) No. 378. Certificate of incorporation of banking corporation changing from. National to State bank. (Laws of N. Y. of 1892, chap. 689, § 63.) Whereas, the (insert name of corporation), a corporation organized and doing business under the act of Congress " to provide a National currency secured by a pledge of United States bonds, and to provide for the circulation and redemp- tion thereof," approved June 3, 1864, was, under the pro- visions of said act of Congress, authorized to dissolve its organization as such National Banking Association ; And whereas, said National Banking Association has taken the action required by said act of Congress, to effect such dissolution : Now, therefore, we, the subscribers, constituting a majority of the board of directors of the (name of corporation), hav- ing been authorized in writing by the owners of two-thirds of the capital stock of said bank, to execute the certificate of incorporation required by section sixty-three of chapter six hundred and eighty-nine of the laws of eighteen hundred and ninety-two of the State of New York, known as the banking law, do make and execute the following certificate of incorporation : 470 Forms Relating to Certificate of Incorporation of the Bank OP , made and executed under and pursuant to an act of the leg- islature of the State of New York, passed May 9, 1892, known as the banking law, and under and by the authority in writing of the owners of (more than) two-thirds of the capital stock of the bank of (which authority is hereby declared to be and is in the following words). (Here insert such authority as in form No. 376.) Witnesseth : First. That the name by which such bank is to be known shall be the (insert name of corporation). Second. That (insert here the second clause contained in form No. 365). Third. That (insert here the third clause contained in form No. 365). Fourth. (Insert here the fourth clause contained in form No. 36s). _ . , Fifth. That said corporation shall commence simulta- neously with the dissolution of the (name of former corpora- tion) of, etc., to-wit, on the day of , i , and shall terminate on the day of , i . Sixth. (Insert here the sixth clause contained in form No. 365.)! Seventh. (Here insert the matters contained in the seventh clause of form No. 365, the names of the directors for the first year being those of the directors of the dissolved cor- poration at the time of such dissolution.) In witness whereof, we, a majority as aforesaid of the board of directors of the bank of , have hereunto set our hands and seals this day of , A. D., i ^ (Signatures of directors.) (Acknowledgment or proof, as in form No. 89.) 1. The directors of the dissolved rectors thereafter, and shall have corporation at the time of such dis- power to take all necessary measures solution shall be the directors of the to perfect its organization, and to bank created in pursuance hereof adopt such regulations concerning until the first annual election of di- its business and management as may Corporations. 471 be proper and just and not incon- of which is to be filed in the office of sistent with law. (Laws of 1892, the superintendent of banks, with chap. 68g, § 63.) proof that the original is duly re- 2. See notes to form No. 365, and corded in the office of the clerk of see section 63 above cited as to this the county where any office of such certificate of incorporation, a copy corporation shall be located. No. 379. Notice to oomptroUer of the currency that a vote of stock- holders of National bank to go into liquidation and be closed has been taken. It is hereby certified that a vote of the shareholders own- ing two-thirds of the stock of the (name of corporation), of , to go into liquidation and be closed has been taken. Witness the corporate seal of said association hereto af- fixed and the signature of its president, hereto subscribed this day of -, i . M. D., '- ■ '-^ . President. To the Comptroller of the Currency, Washington, D. C. : Sir: Notice is hereby given to you of the fact certified under the seal of the (name of corporation), of , by the presi- dent of said association as above, that a vote of the share- holders owning two-thirds of the stock of said association, to go into liquidation and be closed, has been taken. By order of the board of directors. A. B., Cashier. No. 380. Notice to be published of vote of shareholders owning two- thirds of stock of National bank, to go into liquidation and close up its afiairs. (U. S. Rev. Stats., § 5220.) The (name of corporation), of . Notice is hereby given that a vote of the shareholders owning two-thirds of the stock of this association to go into 472 Forms Relating to liquidation and be closed, has been taken, and that this as- sociation is closing up its affairs accordingly. And the holders of the notes of this association and other creditors thereof are hereby notified to present said notes , and other claims against this association for payment at the banking-house of said association in the (city) of . Dated at — — , i . By order of the board of directors.* C. D., Cashier. This bank has reorganized as a State institution and will continue business as usual. I. See section 5220 of United tion, which is to be made for a period States Revised Statutes (§ 42 of act of two months in a newspaper pub- of 1864), that any National banking lished in the city of New York, and association may go into liquidation also in a newspaper published in the and be closed by the vote of its city or town in which the association shareholders owning two-thirds of is located, or, if no newspaper is its stock, and see section 5221, id., as there published, then in the news- to the above notice and its publica- paper published nearest thereto. No. 381. Assent of depositors to the transfers of their deposits. (Name of corporation.) (Date) . Dear Sir : We, this day, close up the affairs of this bank, and organize as the (name of new corporation). We pass over and transfer all our effects, including your deposit, from the National to the State association, and if agreeable to you, please add your name to the approval at foot, and return this in the inclosed envelope by mail, as early as convenient ; and hereafter strike out " National " in draw- ing your checks.* Very respectfully, CD., Approved. Cashier. (Signature of depositor.) I. The dissolution of a National had for the redemption of its circu- banking association is not complete lating notes, either by actually re- until the necessary action has been deeming them and surrendering them Corporations. 473 to the comptroller of the currency, better to have the approval of the de- or by depositing an amount of treas- positor to the continuing of the de- ury notes with him, adequate to their posit, as a precaution against the in- redemption. (National Banking As- terference of the comptroller of the sociation, 13 Op. Attys.-Gen. 56.) currency. This assent being had, The resolution to liquidate is not a leaves only the circulation to be ad- dissolution. (Ordway v. Central Na- justed of all the assets of the old tional Bank, 47 Md. 217.) bank. Under these decisions it is deemed No. 382. Power of attorney for distant stockholders if their assent is needed. I, , the subscriber, own shares in the capital stock of the National Bank of . And whereas, it is contemplated to have said bank go into liquidation under au- thority of the National Currency act, approved June 3, 1864, and thereupon to reorganize as a bank under the banking laws of the State of New York, agreeably to the provisions of an act passed by the legislature of the State of New York, May 18, 1892, and known as the banking law : Therefore, to facilitate and further the aforesaid object, I, the sub- scriber, do hereby constitute and appoint , my true and lawful attorney, for me, and in my name and behalf, to exe- cute all necessary papers and authority for the liquidation and closing of the aforesaid ■ Bank of , and for reorganiz- ing as a banking association under the laws of the State of New York above referred to. And for that object, to do and perform all acts and deeds as fully and perfectly as I might or could do in person. And I hereby vote in favor of said liquidation and reorganization, and agree to ratify and confirm all necessary acts and doings of my said attor- ney in the premises. Witness my hand and seal this day of , A. D. 1 . ( Signature.) L. I. (Acknowledgment by stockholder, as in form No. 89.) 60 474 Forms Relating to Article 2. Forms Relating to Savings Banks, (Laws of N. Y. of 1892, chap. 689, art. 3.) No. 383. Report by savings bank to superintendent of banlcs of dormant accounts. 384. Certificate of incorporation of savings bank. 385. Notice of intention to organize a savings bank. 386. Certificate of authorization to open office for deposit of savings. 387. Order of superintendent of banks extending time for organization of savings bank. 388. Copy of record of meeting called to determine as to necessity, etc., of dissolution of solvent savings bank, certified by president, etc. 389. Notice to creditors, etc., of banking corporation, of the adoption. of resolution, form No. 388. No. 383. fieport by savings bank to superintendent of banks of dor- mant accounts. (Laws of N. Y. of 1892, chap. 689, § 28.) To the superintendent of banks of the State of New York : The (name of corporation) hereby makes the following^ report, pursuant to the provisions of section 28 of chapter 689 of the Laws of New York of 1892, concerning such accounts of depositors of amounts of five dollars or more, as have been dormant for twenty-two years and upwards, from the first day of May, i ; that is, accounts which have not been increased or diminished by deposits or withdrawals, exclusive of interest credits, to-wit . s •3 o-'S Is ci a V m i 1 lis if "E si ■a .3 «!§■ ta-a 3 d •3 i 11 ate when ban continued the ing of interest count. i ■0 Z Q lA Q z & Q < 9 The (name of corporation). by L. B., its (Treasurer.) Corporations. 475 State of New York, , ss. County of - A. B. and C. D., of , being, severally, duly sworn, say, and each for himself says : That said A. B. is the (presi- dent), and said C. D. is the treasurer of the , a savings bank (or, institution for savings), organized under the (bank- ing law of the State of New York). That the foregoing re- port is true to the best of deponents' knowledge, informa- tion and belief. A. B. (Jurat, as in form No. 32.) C. D. I. See section 28 of chapter 689 of Laws of New York of 1892, as to this report and its contents. No. 384. Certificate of incorporation of savings bank. (Laws of N. Y. of 1892, chap. 689, § 100.) We, the undersigned, in order to become a savings bank, pursuant to the provisions of article 3 of chapter 689 of the Laws of New York of 1892, known as the banking law, do hereby execute and acknowledge the following certi- ficate in duplicate, and do hereby certify and set forth as follows : First. That the said corporation shall be known by the name of (insert name of corporation). Second. That the business of said corporation shall be transacted in (the ward of) the (city) of , in the county of , and State of New York. Third. That A. B., who resides at (number , street), in the city of , in the State of (New York), by occupation a , and whose post-office address is (stating same) ; C. D., who resides, etc. (as above, and so on as to each member),^ are the members of said corporation. Fourth. That each member of said corporation will accept the responsibilities and faithfully discharge the duties of a 476 Forms Relating to trustee in said corporation, when authorized according to the provisions of law. In witness, etc. (as in form No. 213).^ (Signatures and seals.) (Acknowledgment, as in form No. 89.) 1. The name, residence, and, if in a city, the street and number, occu- pation and post-ofBce address of each member must be stated. (Laws of N. Y. of 1892, chap. 68g, § 100, subd. 3.) 2. See section 100 of chapter 689 of Laws of New York of 1892, as to this certificate, which is to be exe- cuted and aclcnowledged in dupli- cate, one of which shall be filed in the office of the clerk of the county, and the other in the office of the superintendent of banks, within sixty days after its acknowledgment. See, also, section 132 of same chap- ter, as to charters and acts of incor- poration of existing savings banks. No. 385- Notice of intention to organize a savings bank. (Laws of N. Y. of 1892, chap. 689, § loi.) Notice is hereby given, pursuant to statute, that A. B., C. D., etc. (stating names of the proposed corporators), pro- pose to organize, pursuant to the provisions of article 3 of chapter 689 of the Laws of New York of 1892, a savings bank, to be named the (stating proposed name), and to be located at (stating location as in certificate form No. 384).^ Dated ,T[ . I. See section loi of chapter 689, Laws of New York of 1892, as to this notice, which is required by that sec- tion to be published at least once a week for four weeks previous to fil- ing the certificate of incorporation in at least one newspaper of the largest circulation published in the city, vil- lage or town where such savings bank is proposed to be located, or, if there is no newspaper published therein, then some newspaper pub- lished in the county; if none in the county, in an adjoining county; and if there is any savings bank organ- ized and doing business in such county, a copy of such notice shall also be sent to every such savings bank so organized and doing busi- ness, at least fifteen days before the filing of such certificate. Corporations. 477 No. 386. Certiflcate of authorization to open o£Q.ce for deposit of savings. (Laws of N. Y. of 1892, chap. 689, § 104.) A certificate of incorporation of the (name of bank) in due form and duly executed according to the provisions of article 3 of chapter 689 of the Laws of New York of 1892, and ac- companied by evidence satisfactory to me of the proper publication and service in good faith of the notice, required by section loi of that article to be published and served, having been received by me on the day of , i , and I being satisfied from my own knowledge and from in- formation gained concerning the several matters specified in section 103 of said article, that the organization of the said savings bank as proposed in said certificate will be a public benefit : I do hereby authorize A. B., etc. (naming persons),' to open an office for the deposit of savings at, etc. (designating same), subject to the provisions of said chapter 689 of the Laws of 1892. In witness, etc. (as in form No. 361).'' J- P., [L. S.] Superintendent. 1. This authorization is to be is- Also, as to his action in case he shall sued to the persons named in the not be satisfied that the establish- certificate of incorporation or to a ment of a savings banlc as proposed portion of them, together with such in any certificate filed by him is ex- other persons as a majority of those pedient or desirable. named in such certificate shall in As to effect of filing certificate of writing approve. • No person shall authorization see same chapter, sec- be named in the certificate of author- tion 105. ization, who shall not have made and By section 106, id., every such cor- acknowledged the declaration pre- poration which shall not organize scribed in subdivision 4 of section 100 and commence business within one of chapter 689 of 1892. (Laws of N. year after such certificate has been Y. of 1892, chap.. 689, § 104.) filed, shall forfeit its rights and 2. See section 104 of chapter 689 privileges as a corporation under of Laws of New York of 1892, as to that chapter. As to extension of this certificate and the duty of the this time by superintendent see same superintendent in regard thereto, section; and next form, No. 387. 478 Forms Relating to No. 387. Order of superintendent of banks, extending time for organ- ization of savings bank. (Laws of N. Y. of 1892, chap. 689, § 106.) Satisfactory cause therefor having been shown to me, the superintendent of banks of the State of New York, I do hereby, pursuant to section 106 of chapter 689 of the Laws of New York of 1892, extend the term within which the (name of corporation), a savings bank duly incorporated pursuant to said chapter, and to which bank a certificate of authorization has been issued by me and filed according to law, on the day of , i , may organize and com- mence business, to the day of , i } Witness my hand and ofificial seal this day of , r n A. B., Ft c 1 L ■ ■-■ Superintendent. I. This extension shall not exceed together with its certificate of incor- one year. The order is to be trans- poration and certificate of authoriza- mitted to the county clerk of the tion. (Laws of N. Y. of 1892, chap, county in which such savings banli is 68g, § io6.) to be located, who shall file the same, No. 388. Copy record of meeting, called to determine as to necessity, etc., of dissolution of solvent savings bank, certified by president, etc. (Laws of N. Y. of 1892, chap. 689, § 133.) A meeting of the trustees of the (name of corporation), called for the purpose of determining as to the necessity or expediency of closing the business of such corporation, was held at, etc., on the day of -, i , of which meeting all the trustees of said corporation had due notice, at which meeting the following trustees were present, viz.: A. B., etc., naming them. Corporations. 479 A resolution was offered by said A. B. as follows : Resolved, That it is deemed (necessary and) expedient that the (name of corporation) shall close its business and pay the moneys due depositors and creditors, and surrender its corporate franchise, pursuant to the provisions of article 3 of chapter 689 of the Laws of New York of 1892. A vote on such resolution was taken by ayes and noes, and thereupon the following trustees (naming them) voted in the affirmative, and the following trustees voted in the nega- tive (naming them), the affirmative vote thereupon being (more than) two-thirds of the whole number of said trustees. We, the undersigned, president and secretary of the (name of corporation), do hereby certify that the foregoing (or, an- nexed) record is a copy of the record of the proceedings of a meeting of the trustees of the said corporation, held at the time and place and for the purpose therein specified, of which all the trustees of said corporation were duly notified. Witness our hands and the seal of said corporation, this day of , I .' A. M., [L. S.] President. M. N., Secretary. I. See section 133 of chapter 689 that section to be filed in the bank- of Laws of New York of 1892, as to ing department, this record, which is required by No. 389. Notice to creditors, etc., of banking corporation of the adop- tion of resolution, form No. 388. (Laws of N. Y. of 1892, chap. 689, § 133.) Notice is hereby given, pursuant to the provisions of sec- tion 133 of article 3 of chapter 689 of the Laws of New York of 1892, to the depositors and creditors of the (name of corporation), a savings bank, organized pursuant to the laws of New York, located and doing business at the (city) of , in the county of , in said State, that at a meet- ing of the trustees of said corporation, held according to law, at, etc., on, etc., a resolution was passed declaring the de- 48o Forms Relating to termination of such trustees that it was (necessary and) ex^ pedient to close the business of such corporation, and to pay the moneys due its depositors and creditors and to surrender its corporate franchise.'' Dated , i . By order of the trustees. CM., Secretary. I. See section 133 of chapter 689 service thereof. See section 134, id.^ of the Laws of New York of 1892, as to further proceedings to efiFect. as to this notice and publication and dissolution. Article 3. Forms Relating to Trust Companies. (Laws of N. y. of 1892, chap. 689, art. 4.) No. 390. Certificate of incorporation of trust company. 391. Direction for publication of notice of intention to organize trust company. 392. Notice of intention to organize trust company. 393. List of stockholders of trust company to be filed with superin- tendent of banks before entering upon active duties. No. 390. Certificate of incorporation of trust company. (Laws of N. Y. of 1892, chap. 689, § 150.) We, the undersigned, for the purpose of forming a trust company, pursuant to the provisions of article 4 of chapter 689 of the Laws o,f New York of 1892, passed May 18, 1892, and known as the banking law, do hereby execute and ac^ knowledge the following organization certificate, in dupli- cate, and hereby certify and specifically state as follows : First. That said corporation shall be known by the name of the (stating name). Second. That the -business of said corporation is to be transacted at the (city) of , in the county of , and State of New York. Third. That the amount of the capital stock of said cor-^ poration shall be (five hundred thousand) dollars, which Corporations. 481 capital stock shall be divided into shares of dol- lars each. Fourth. That the name, residence and post-office address of each member of said corporation is as follows : A. B., who resides at the (city) of , in the county of , and State of (New York), and whose post-office address is (stating same) ; C. D., who resides, etc. (as above) ; E. F., who re- sides, etc. (stating in like manner as to each member). Fifth. That the term of the existence of said corporation shall be (fifty) years.* Sixth. That each member of said corporation will accept the responsibilities and faithfully discharge the duties of a director therein, if elected to act as such, when authorized by the provisions of said chapter 689 of the Laws of New York of 1892. In witness whereof, we have, etc. (as in form No. 365, add- ing after word " hands " the words " and seals.")^ (Signatures and seals of members.) (Acknowledgment, as in form No. 89.) 1. Not to exceed fifty years. of the county wherein such trust 2. See section 150 of chapter 689 company is proposed to be located, of the Laws of New York of 1892, as and one in the office of the superin- to this certificate, which is required tendent of banks of the State. by that section to be filed within See section 156 of the same chap- sixty days after its acknowledgment, ter as to powers of trust companies one in the office of the county clerk organized under that chapter. No. 391. Direction for publication of notice of intention to organize trust company. (Laws of N. Y. of 1892, chap. 689, § 151.) I, , superintendent of banks of the State of New York, do hereby designate the (name of newspaper), a newspaper published in the city of , in the county of , as the paper in which shall be published, according to law, a notice of the intention to organize the (name of corporation), as a trust company, to be located in said city.' ^ -^ Superintendent. Dated , i- I. See section 151 of chapter 68g of Laws of New York of 1892, as to this direction. 61 482 Forms Relating to No. 392. Notice of intention, to organize trust company. (Laws of N. Y. of 1892, chap. 689, § 151.) Notice is hereby given of the intention of A. B., etc., as corporators, to organize a trust company, pursuant to article 4 of the banking law of the State of New York, said com- pany to be called the (name of corporation), and to be located in the city of , in the county of , and State of New York.^ Dated , i . I. See section 151 of chapter 689 in the case of savings banks, form of the Laws of New York of 1892, as No. 386, and the proceedings there- to this notice and publication and upon are the same as under that service thereof. The form of author- form, ization certificate is, substantially, as No. 393. Iilst of stockholders of trust company to be filed with superin- tendent of bankSj before entering upon active business. (Laws of N. Y. of 1892, chap. 689, § 155.) The following is a list of the stockholders of the (name of corporation), filed pursuant to law, by said corporation, with the superintendent of banks of the State of New York, be^ fore entering upon active business, giving the name, resi- dence, post-office address, and number of shares of stock held by each of them respectively, to-wit : ' Name of stock- holder. Place of residence. Post-office address. Number of shares of stock held by them respectively. A.B CD Albany, N.Y New York City. . . street, Albany, N. Y. street. New York City 50 is and so on. Corporations. 483 State of New York, county, M. N., of , and C. P., of , being duly sworn, say : That the said M. N. is the president, and the said C. P. is the secretary of the (name of corporation). That the fore- going list of stockholders of the said corporation is a correct list thereof, and correctly states the names, residences, post- office address, and number of shares held by them respect- ively. (Jurat, as in form No. 32.) M. N. C. P. I. See section 155 of chapter 689 this list, and its verification and ■of Laws of New York of 1892, as to filing. Article 4. Forms Relating to Building and Mutual Loan Corporations. (Laws of N. Y. of 1892, chap. 689, art. 5.) No. 394. Certificate of incorporation of building and mutual loan cor- poration. No. 394. Certificate of incorporation of building and mutual loan cor- poration. (Laws of N. Y. of 1892, chap. 689, § 170.) We, the undersigned, in order to become a corporation for the purpose of accumulating a fund for the purchase of real property, etc. (stating all or any of the purposes mentioned in section 170 of chapter 689 of the Laws of 1892), do hereby make and acknowledge the following certificate of incorpo- ration, hereby certifying and setting forth as follows, viz. : First. That the name of said corporation shall be the {insert name). Second. That the principal business office of said corpora- tion shall be located at the (city), of , in the county of , and State of New York. 484 Forms Relating to Third. That the regular meetings of said corporation shall be held (stating times and places), and special meetings thereof may be called (stating how). Fourth. shall be a quorum for the transaction of busi- ness at the meetings of said corporation. Fifth. Members of said corporation shall be admitted (stating manner) and the qualifications of such members, shall be as follows (stating same). Sixth. There shall be the following officers (and directors),, (or, attorneys), of said corporation, viz.: (stating them), who' shall be chosen (stating manner). Seventh. The duties of such officers and directors (or, at- torneys), shall be as follows, that of the (stating name of officer and his duties, and in like manner stating the name of each officer and his duties), and they may be removed or suspended from office (stating manner of such removal or suspension). Eighth. A. B. shall be the of said corporation, and C. D. the for its first year and until others are chosen in their places ; M. N., etc., shall be the directors of said cor- poration for its first year, and until others are chosen in their places. Ninth. The entrance fee of new members and new shares shall be (stating same). Tenth. The amount of each share of said corporation shall be (stating same). And so on, stating all the matters required by the twenty- two subdivisions of section 170 of chapter 689 of 1892, and by sections 171 and 173 of that chapter. In witness, etc. (as in form No. 365).^ (Signatures of corporators.) (Acknowledgment, as in form No. 89.) I hereby approve of the foregoing certificate of incorpora- tion of the (name of corporation). Dated , i . A. M., Superintendent of Banks. I. See sections 170, 171 and 173 of contents of this certificate, whicli chapter 689 of Laws of 1892, as to must be approved by the superin- Corporations. 485 tendent of banks, and filed in the successors, shall be a corporation by office of the clerk of the county in the name specified in such certificate, which such corporation shall have and see section 175 of same chapter, its principal business office, and a as to the manner in which existing certified copy thereof must be filed corporations may become entitled to in the office of such superintendent, the benefit of article 5 of that chapter. Thereupon the persons who have See, also, People v. Troy House subscribed such certificate and such Company (44 Barb. 625); The Con- other persons as shall become mem- cordia Savings and Aid Association bars of the corporation, and their v. Read (93 N. Y. 474). Article 5. Forms Relating to Co-operative Loan Associations. (Laws of N. Y. of 1892, chap. 689, art. 6.) No. '395. Certificate of incorporation of co-operative loan associations. No. 395. Certificate of incorporation, of co-operative loan associations. (Laws of N. Y. of 1892, chap. 689, § 180.) We, the undersigned, in order to become a corporation, pursuant to the provisions of article 6 of chapter 689 of the Laws of New York of 1892, passed May 18, 1892, and known as the banking law, for the purpose of encouraging industry, frugality, home building and savings among its members, the accumulation of savings, the loaning of such savings to its members, and the repayment to each member of his sav- ings when they have accumulated to a certain sum, or at any time when he shall desire the same, or the corporation shall desire to repay the same,^ do hereby make and acknowl- edge the following certificate of incorporation and do certify and state as follows : First. That the name of said corporation shall be The Co-operative Savings and Loan Association of, etc. (or, other name which shall contain as a part thereof the words " Co- operative Savings and Loan Association.") Second. That said corporation is formed for the purposes hereinabove expressed and contained. Third. That the principal place of business of said cor- poration shall be located at the (city) of , in the county of , and State of New York. 486 Forms Relating to Fourth. That the minimum number of shares of stock which said corporation shall have outstanding at any one time shall be shares. In witness, etc. (as in form No. 365.) (Signatures of corporators.) (Acknowledgment, as in form No. 89, and approval by- superintendent of banks, as in last form. No. 394.) I. Such certificate must be ap- therein, their associates and succes- proved by the superintendent of sors shall become, and be a corpora- banks, and filed and recorded in his tion by the name specified therein. office, and a certified copy thereof (Laws of N. Y. of 1892, chap. 689, filed in the office of the clerk of the § 180.) county where its principal business As to by-laws to be adopted by the office is to be located, and upon the corporation, see section i3i of the filing of such certificate and the cer- same chapter, tified copy thereof.the persons named Article 6. Forms Relating to Mortgage, Loan and Investment Corporations.. (Laws of N. Y. of 1892, chap. 689, art. 7.) No. 396. License by superintendent of banks to foreign mortgage, etc., com- pany, to transact business within the State. 397. Certificate to be filed by such mortgage, loan or investment com- pany. 398. Designation of superintendent of banks as attorney by such mortgage, loan or investment corporation. No. 396. License by superintendent of banks to foreign mortgage com- pany to transact business within tlie State. (Laws of N. Y. of 1892, chap. 689, § 200.) It having appeared to my satisfaction from an examina- tion made by me personally [or, by A. B. (and C. D.), a competent person (or, competent persons)], appointed by me, as required by section 201 of article 7 of chapter 689 of the Laws of New York, passed in the year 1892, and known as the banking law, into the condition, business methods, resources and affairs generally of the (stating name of com- pany, association, etc.), of (stating location, etc., of com- pany, etc.), and from the statement or report submitted by Corporations. 487 such company, etc., pursuant to the requirements of the said section, that (its) affairs are being conducted in a safe and lawful manner, I, M. N., superintendent of banks of the State of New York, do hereby, pursuant to said article, license and permit the said (name of company, etc.), to transact business in this State for the term of one year from the date hereof. Witness my hand and official seal at the city of Albany, this day of , i } [L. S.] (Signature of superintendent.) I. See sections 200-202 of chapter filed by the company, see section 689 of Laws of N. Y. of 1892, as to 203 of same chapter, and form No. this license, and for certificate to be 397. No. 397. Certificate to be filed by foreign mortgage, loan or investment eompany. (Laws of N. Y. of 1892, chap. 689, § 203.) The (name of company, etc.), does hereby certify, pur- suant to section 203 of chapter 689 of the Laws of New York of 1892, that the name and business address of every person, association, corporation, company, firm or others, who act or propose to act in this State as the agent or rep- resentative of said company, is as follows : Name. Business address. A C Witness my hand and (the) seal of said (corporation) at , this day of , i .' The . [L. S.] by A. T., President. I. See section 203 of chapter 689 authorized to transact business in of Laws of New York of 1892, as to that State. And in case of any this certificate, which is to be filed in change in any such representative, the oiBce of the superintendent of an amended certificate shall be forth- banks, within thirty days after being with filed. 483 Forms Relating to No. 398. Designation of superintendent of banks as attorney, by foreign mortgage, loan and investment corporation. (Laws of N. Y. of 1892, chap. 689, § 205.) Know all men by these presents, that the (name of com- pany, etc.), has appointed, and doth hereby appoint M. N., the superintendent of banks of the State of New York, its true and lawful attorney, upon whom all process in any action or proceeding, by any resident of the State of New York against said company (etc.), may be served with the same effect as if it were a domestic corporation, and had been lawfully served with process in said State. Witness my hand and (the) seal of (said corporation), at, etc., this day of , i } The (name of corporation, etc.) by A. B., its president. 1. A certificate of such appoint- superintendent of banks, and copies ment, duly certified and authenti- certified by him or his deputy shall cated, is required by section 205 of be sufficient evidence thereof. See, chapter 689 of Laws of New York of also, same section as to efiect of 1892, to be filed in the office of the such appointment, etc. Article 7. Forms Relating to Safe Deposit Companies. (Laws of N. Y. of 1892, chap. 689, art. 8.) No. 399. Certificate of incorporation of safe deposit company. 400. Notice of election of directors of safe deposit company. 401. Notice to hirer of safe in safe deposit company, before opening safe, rent thereof being overdue for three years. No. 399. Certificate of incorporation of safe deposit company. (Laws of N. Y. of 1892, chap. 689, § 210.) We, the undersigned, in order to become a corporation pursuant to the provisions of article 8 of chapter 689 of the Corporations. 489 Laws of New York of 1892, known as the banking laws, for the purpose and business hereinafter stated, do hereby make and acknowledge the following certificate, and certify and state as follows : First. That the corporate name of said corporation shall be (stating same). Second. That the business of said corporation shall be as follows, viz. : The taking and receiving upon deposit, as bailee for safe keeping and storage, jewelry, plate, money, specie, bullion, stocks, bonds, securities and valuable papers of any kind, and valuable personal property, and guarantee- ing their safety upon such terms and for such compensation as may be agreed upon by it and the respective bailors thereof ; and the letting out vaults, safes and other recepta- cles for the uses and purposes of such corporation. Third. That the amount of the capital stock of said cor- poration is dollars,^ to consist of shares of ■ each. Fourth. That the term of the existence of said corpora- '^ tion shall be years.^ Fifth. That there shall be directors ^ of said corpo- ration, and the names, residences and post-office addresses of the directors who shall manage its concerns for the first year, are as follows : Name. Residence. Occupation. Post-office address. A. B C. D Albany, N.Y Newlfork City Banker Merchant Albany, N. V. New York City. etc., stating in like manner as to each. Sixth. That the operations of said corporation are to be carried on at the (city) of , in the county of , and State of New York. In witness whereof, etc. (as in form No. 365).'' (Signatures of corporaljors.) (Acknowledgment, as in form No. 89.) 62 49° Forms Relating to I hereby approve of the foregoing certificate pursuant to the provisions of section 210 of chapter 689 of the Laws of New York of 1892. Dated , i . A. M., Superintendent of Banks. 1. Not to exceed one million, nor to be less than one hundred thou- sand dollars, except in cities or vil- lages of less than one hundred thou- sand inhabitants, in which the capital shall not be less than ten thousand dollars. (LawsofN.Y. of 1892, chap. 689, § 200.) 2. Not to exceed fifty years. (Id., § 200.) 3. The affairs of such corpora- tion shall be managed by not less than five nor more than thirteen di- rectors, who shall be stockholders, and a majority of whom shall be citizens of the State of New York. (Id., § 201.) 4. See section 200 of chapter 689, of Laws of New York of 1892, gen- erally as to this certificate and its contents. No such corporation shall commence or transact business until the whole amount of its capital stock shall have been paid in; nor make any loan or advance on any property left with it for storage or safe keep- ing. The certificate is to be filed in the office of the clerk of the county in which its principal place of busi ness is to be located, and a duplicate thereof in the office of the superin- tendent of banks (See same sec- tion) No. 400. ITotice of election of directors of safe deposit company. (Laws of N. Y. of 1892, chap. 689, §211.) Notice is hereby given that the annual election of the di- rectors of the (name of corporation) will be held at, etc., on etc., at o'clock in the noon.^ Dated , i . By order of the board of diijectors. M. F., Secretary. 1. By section 211 of chapter 689 of Laws of New York of 1892, this no- tice is required to be published not less than ten days previous to the election in a newspaper in the town or city in which the operations of such corporation shall be carried on, and the election shall be made by such of the stockholders as shall at- tend for that purpose, either in per- son or by proxy. Corporations. 491 No. 401. IN'otice to hirer of safe in safe deposit company before opening safe, rent thereof being overdue for three years. (Laws of N. Y. of 1892, chap. 689, § 214.) To L. M.: You are hereby notified, pursuant to the provisions of sec- tion 214 of chapter 689 of Laws of New York of 1892, known as the banking law, that the amount of dollars (with interest thereon from , i ), is due from you for the use of a box (or, safe), in the vaults of the (name of corporation), and that if such amount is not paid within sixty days from the date of this notice, the said corporation will then cause such box (or, safe) to be opened in the presence of its president, or secretary, or treasurer, and of a notary public not an officer or in the employ of said cor- poration, and the contents thereof, if any, to be sealed up by such notary public in a package upon which such notary public will distinctly mark your name and address being that of the person in whose name such box (or, safe) stands upon the books of the said corporation, and the estimated value thereof; and the package so sealed and addressed, when marked for identification by such notary public, will be placed by such notary public in one of the general safes or boxes of the said corporation.^ Dated , i . Yours, etc.. The (name of corporation), by C. B., its (secretary). I. See section Z14 of chapter 68g of due for the use thereof, in full up to Laws of New York of 1892, as to this the date of such notice. The notice notice, and as to the proceedings of is to be sent to the person in whose such corporation upon the expiration name such safe or box stands on its of sixty days from the date of mail- books in a securely closed, post-paid ing such notice, and the failure of registered letter, directed to such such person in whose name such' person at his post-office address as safe or box stands on the books of recorded in the books of the corpora- the corporation to pay the amount tion. 492 Forms Relating to TITLE II. Forms Relating to Business Corporations. (Laws of N. Y. of 1890, chap. 567, as amended by Laws of N. Y. of 1892, chap. 689.) No. 402. Certificate of incorporation of business corporation. 403. Certificate required to be filed by business corporation before en- gaging in its business, 404. By-laws of business corporation. 405. Notice of meeting of stockholders for reorganization of existing business corporation. 406. Certificate of reorganization of existing business corporation. 407. Certificate of payment of capital stock of business corporation. 408. Supplemental certificate to be filed by business corporation, in order to become a full liability corporation. 409. Copy resolutions to be annexed to certificate, form No. 408. 410. Consent of stockholders to be annexed to certificate, form No. 408. 411. Amended certificate to extend business of business corporation- 412. Affidavit of directors present at meeting of stockholders of busi- ness corporation to be annexed to certificate, form No. 411. 413. Agreement for consolidation of business corporations. 414. Notice of meeting of stockholders for submission of agreement, form No. 413. 415. Proceedings of meeting held pursuant to notice, form No. 414. No. 402. Certificate of incorporation of business corporation. {Laws of N. Y. of 1890, chap. 567, § 2, as amended by chap. 691 of Laws of N. Y. of 1892.) We, the undersigned, A. B., whose post-office address is at ; C. D., whose post-ofifice address is at ; E. F., whose, etc. (as above, stating name and post-office address of each subscriber), in order to become a corporation of that State for the purpose of carrying on the business (*) herein- after mentioned,' do hereby make, sign and acknowledge the following certificate, pursuant to the provisions of chapter 267 of the Laws of New York of 1890, passed June 7, 1890, known as the business corporation law, as amended by chap- ter 691 of Laws of New York of 1892, viz. : First. The name of said corporation hereby formed shall be (stating same).^ <30RP0RATI0NS. 495 Second. The objects for which the said corporation is to be formed, are the carrying on the business of (stating same) at (stating locality of business). Third. The amount of the capital stock of said corpora- tion shall be (name amount), and the number of shares thereof shall be (stating same) of dollars each,^ viz. : shares of common stock, and shares of preferred stock (or, otherwise describing same), of which said A. B. hereby agrees to take shares ; said C. D. hereby agrees to take shares ; said E. F. hereby agrees, etc. (as above, stating number of shares agreed to be taken by each sub- scriber to the certificate). Fourth. The principal business office of said corporation shall be located at the (city) of , in the county of , in the State of New York. Fifth. The duration of said corporation shall be • years.'* Sixth. The number of directors of said corporation shall be (stating same),' each of whom shall be a stockholder thereof, having at least five shares of stock. Seventh. The names of the directors for the first year and their post-office addresses are as follows : A. M., whose post- office address is at ; B. N., .whose post-ofifice address is at (and so on, stating directors and their post-office ad- dresses). Eighth. (Insert any other provisions for the regulation of the business and the conduct of the affairs of the corpora- tion, and any limitation upon its powers, and the powers of its directors and stockholders, which does not exempt them from any obligation, or from the performance of any duty imposed by law.)' In witness whereof, we have hereunto set our hands, this day of , in the year i .° (Signatures of corporators.^ (Certificate of acknowledgment by subscribers, as in form No. 89.) I. No corporation can be formed 691 of i8q2, for the purpose of carry- under chapter 567 of Laws of New ing on any business which might be York of i8go, as amended by chapter carried on by a corporation formed 494 Forms Relating to under any other general law of the State, authorizing the formation of corporations for the purpose of car- rying on such business. (Section t of that act, as amended.) 2. No certificate of incorporation of it proposed corporation shall be filed or recorded, having the same name as an existing domestic cor- poration, or a name so nearly resem- bling it as to be calculated to de- ceive, but a corporation formed by the reincorporation, reorganization or consolidation of other corpora- tions, or'upon the sale of the property or franchises of a corporation, may have the same name as the corpora- tion or one of the corporations to whose franchises it has succeeded. (Laws of N. Y. of i8go, chap. 563, § 4, as amended by chap. 689 of Laws of 1892, § 6.) 3. Each share shall be not less than five nor more than one hundred dol- lars. (Laws of N. Y. of 1890, chap. 567, § 2, subd. 4, as amended by § 2 of chap. 691 of Laws of N. Y. of 1892.) 4. Not to exceed fifty )'ears. (Id., § 2, subd. 6.) 5. Not less than three nor more than thirteen directors, who shall each be a stockholder having at least five shares of stock. (Id., § 2, subd. 7, as amended by Laws of 1892, chap. 691, § 2, subd. 7.) 6. See section 2 of chapter 567, p. 1168, of the Laws of N. Y. of 1890, which took eflFect May i, 1891, as amended by chapter 691 of Laws of N. Y. of 1892, § 2, as to this certifi- cate and its contents. By section 7 of same chapter, as amended, such a corporation may be or become a full liability corporation by inserting a statement in the cer- tificate of incorporation, that the cor- poration thereby formed is intended to be a full liability corporation; and in case of an existing corporation, which is not a full liability corpora- tion, it may become such by filing in the offices where certificates of incor- poration are required to be filed a supplemental certificate, as to which see form No. 408 and notes thereto No. 403. Certificate required to be filed by business corporation before engaging in its business. (Laws of N. Y. of 1890, chap. 567, § 3, as amended by § 3, chap. 691 of Laws of N. Y. of 1892.) We, the undersigned, A. C, the president (or, vice- president), and M. R., the treasurer (or, secretary), of the (name of corporation), do hereby certify, pursuant to the provisions of section 3 of chapter 567 of the Laws of New York of 1890, passed June 7, 1890, and known as the business corporation law, as amended by section 3 of chap- ter 691 of the Laws of New York of 1892, that one-half of Corporations. 495 the capital stock of the said corporation has been in good faith subscribed.^ In witness whereof, we have hereunto set our hands, this day of , in the year i . A. C, (President.) M. R., (Treasurer.) (Certificate of acknowledgment by the president and treas- urer, as in form No. 89.) County, ss.: A. C, of , and M. R., of , being severally duly sworn, say : That the said A. C. is the (president) and that the said M. R, is the (treasurer) of the (name of corporation); that the statements contained in the foregoing certificate by them subscribed are true. (Jurat, as in form No. 32.) A. C. M. R. 1. See sections of chapter 567 of this certificate, which is to be filed be- Laws of New Yorlc of i8go, which fore the corporation shall engage in chapter took effect May i, 1891, as the transaction or management of its amended by section 3 of chapter 6gt business in the office where its certifi- of Laws of New York of 1892, as to cates of incorporation were filed. No. 404. By-laws of business corporation. The following by-laws of the (name of corporation) were adopted, pursuant to law, at a meeting held at on the day of , I , of the stockholders of said corpora- tion :' I. The term of office of the directors of said corporation shall be (stating time not exceeding one year).^ II. The manner of filling vacancies among directors and offi- cers shall be (stating same).' 496 Forms Relating to III. The annual meeting of the stockholders of said corpora- tion for the election of directors shall be held at the office of said corporation at in the city of , on the day of , in each year, or wherever the said office shall be hereafter located, by a change thereof made pursuant to law, at o'clock in the noon.^ IV. Special meetings of the stockholders of said corporation shall be called by (stating by whom) by (stating manner of calling) and shall be held (stating manner of holding).' V. The attendance of at least stockholders, either in person or by proxy, shall be necessary at any meeting of the stockholders in order to constitute a quorum.' VI. The officers of said corporation shall be a president, a vice- president, a secretary (and) a treasurer (naming any other officers),' who shall be appointed by and from the number of the directors. The powers and duties of the president shall be (stating same) ; the powers and duties of the vice- president shall be (stating same) ; the powers and duties of the secretary shall be (stating same) ; [and so on, stating powers and duties of each officer]. VII. There shall be inspectors of election of said corpora- tion who shall be elected [(or, appointed) (stating manner of election or appointment)].* VIII. The by-laws of said corporation may be amended (stating manner of amendment).' I. By section 4 of chapter 567 o£ above form of by-laws was drawn in Laws of New York of l8go, the man- conformity thereto. That section has^ ner of adopting the by-laws of a busi- been repealed by chapter 691 of Laws ness corporation, and the contents of New York of 1892, but the form thereof, were prescribed and the is inserted as giving a general form Corporations. 497 of by-laws of a corporation, and of the subjects proper to be embraced in them. 2. The directors of every stock corporation shall be chosen from the stockholders at the time and place fixed by the by-laws of the corpora- tion by a plurality of the votes of the stockholders voting at Such election. By section 2 of chapter 687 of Laws of New York of 1892, amend- ing the general corporation law, chapter 563 of 1890, a business cor- poration is classed as a stock cor- poration. 3. By section 20, chapter 564 of Laws of New York of 1890, as amended by chapter 688 of Laws of New York of 1892, vacancies in the board of directors of a stock corpora- tion are to be filled in the manner required by the by-laws, and if a di- rector shall cease to be a stockholder his office shall become vacant. 4. The directors of every stock corporation shall be chosen from the stockholders at the time and place fixed by the by-laws of the corpora- tion by a plurality of the votes of the stockholders voting at such election; at least one-fourth in number of the directors of every stock corporation shall be elected annually. (Laws of N. Y. of i8go, chap. 564, § 20, as amended by chap. 688 of Laws of N. Y. of 1892.) If the directors shall not be elected on the day designated in the by-laws, or by law, the corporation shall not for that reason be dissolved ; but every director shall continue to hold his office and discharge his duties until his successor has been elected, (Laws of N. Y. of 1892, chap. 687, § 23, 63 amending § 18 of chap. 563 of Laws of 1890.) 5. See section 24 of chapter 687 of Laws of New York of 1892, amend- ing chapter 563 of Laws of 1890, as to special elections of directors, and notice to be given thereof. 6. At a special meeting of the stockholders for election of directors, the members attending shall consti- tute a quorum. 7. The directors of a stock corpo- ration may appoint from their num- ber a president, and may appoint a secretary, treasurer and other officers, agents and employees who shall re- spectively have such powers and perform such duties in the manage- ment of the property and affairs of the corporation, subject to the con- trol of the directors, as may be pre- scribed by them or in the by-laws. (Laws of N. Y. of 1892, chap. 688, § 27, amending same section of chap. 564 of Laws of N. Y. of 1890.) 8. The inspectors of election of every stock corporation shall be ap- pointed in the manner prescribed in the by-laws, but the inspectors of the first election of directors, and of all previous meetings of the stockhold- ers shall be appointed by the board of directors named in the certificate of incorporation. (Laws of N. Y. of 1892, chap. 688, § 28, amending same section of chap. 564 of Laws of N. Y. of 1890.) 9. Subject to the by-laws, if any, adopted by the members of a corpo- ration, the directors may make nec- essary by-laws of a corporation. (Laws of N. Y. of 1892, chap. 687, § 29, amending same section of chap. 563 of Laws of N. Y. of 1890.) 498 Forms Relating to No. 405. Notice of meeting of stockholders for reorganization of exist- ing business corporation. (Laws of N. Y. of 1890, chap. 567, § 5, as amended by §4 of chap. 691 of Laws of N. Y. of 1892.) To the stockholders of the (name of corporation) : Notice is hereby given that a meeting of the stockholders of the said corporation will be held pursuant to law at , in the (city) of , on the day of , i , at , o'clock in the noon, for the purpose of (*) reincorporat- ing the said corporation, pursuant to the provisions of sec- tion 5 of chapter 567 of the Laws of New York of 1890, passed June 7, 1890, and known as the business corporartion law, as amended by section 4 of chapter 691 of Laws of New York of 1892 (and for the transaction of such other business as may properly come before said meeting).' Dated , i . (Signatures of directors.) I. It is provided by section 5 of above notice, signed by at least a chapter 567 of the Laws of New York majority of them, in a newspaper in of 1890, which act took effect May i, the county in which its principal 1891, as amended by section 4 of office is situated, once a w€ek, for at chapter 6gi of Laws of New York of least three successive weeks, and by i8g2, that any corporation theretofore serving upon each stockholder, at organized, except such corporations least three weeks before the meeting, as are prohibited by the first section a copy of such notice either person- of that chapter (see that section cited ally or by depositing it in the post- in note I to form No. 402), may re- office, postage prepaid, addressed to incorporate under that chapter in the him at his last known post-office ad- following manner : dress. See, also, as to further pro- For this purpose a meeting of the ceedings, form No. 406, and note i stockholders is to be called by the thereto, directors by the publication of the No. 406. Certiflcate of reorganization of existing business corporation. (Laws of N. Y. of 1890, chap. 567, § 5, as amended by §4 of chap. 691 of Laws of New York of 1892.) We, the undersigned, the officers of a meeting of the stockholders of the (name of corporation), called pursuant Corporations. 499 to the provisions of section 5 of chapter 567 of the Laws of New York of 1890, passed June 7, 1890, and known as the business corporation law, as amended by section 4 of chap- ter 691 of the Laws of New York of 1892, by the directors of said corporation, by a notice stating the time, place and object thereof, signed by a majority of said directors and published once a week for three successive weeks in the (name of newspaper), a newspaper published in the county of , in which county the principal office of said corporation is situated, a copy ofwhich notice was also served three weeks before such meeting upon each stockholder of said corpora- tion either personally or by depositing it in the post-office at — — , postage prepaid, addressed to such stockholder at his last known post-office address, and a copy of which notice with proof of publication and service thereof is hereto an- nexed, marked " A," do hereby certify pursuant to the pro- visions of said section, as follows : That the stockholders of said corporation met at the time and place specified in said notice, to-wit, at (state place), in the (city) of , on the day of , i , at — — o'clock in the noon, and organized by choosing the undersigned, A. F., one of the directors of said corporation, as chaffinan, and the undersigned, G. H., as secretary thereof, and then took a vote of those present in person or by proxy upon the proposition to reincorporate said cor- poration under said chapter 567 of the Laws of New York of 1890, as amended as aforesaid, and that votes represent- ing a majority of all the stock of said corporation were then and there cast in favor of that proposition, to-wit, the votes of shares of the said stock. And we do further certify as follows, pursuant to the pro- visions of said chapter, as amended, to-wit : First. That the name of said corporation as so reorgan- ized shall be (stating same). Second. Same as the second clause in form No. 402 Third. That the amount of the capital stock of said cor- poration shall be (name amount) and the number of shares thereof shall be (stating same) of dollars each, consist- 500 Forms Relating to ing of shares of common stock, and of shares of preferred stock (or, give other description of stock), of which A. B., whose post-office address is at , has agreed to take shares ; C. D., whose post-office address is, etc. (as above, stating number of shares, etc., of each subscriber to original certificate of incorporation). Fourth. Same as fourth clause of form No. 402. Fifth. Same as fifth clause of form No. 402. Sixth. Same as sixth clause of form No. 402. In witness, etc. (as in form No. 402).^ A. F., President. G. H., Secretary. (Acknowledgment, as in form No. 89.) (Annex exhibit "A," referred to in certificate.) I. The above certificate is required of incorporation under that chapter by section 5 of chapter 567 of the are to be filed. As to such filing see Laws of New York of i8go, as section 3 of chapter 563 of Laws of amended by section 4 of chapter 691 New York of tSgo, as amended by of Laws of New York of i8g2, to be section 5 of chapter 687 of Laws of filed in the offices where the certificates New York of 1892. No. 407. Certificate of payment of capital stock of business corporation. (Laws of N. Y. of 1890, chap. 567, § 6, as amended by § 5 of chap. 691 of Laws of N. Y. of 1892.) We, the undersigned, a majority of the directors of the (name of corporation), the principal place of business of which corporation is located at , in the county of -, do hereby certify, pursuant to section 6 of chapter 567 of the Laws of New York of 1890, known as the business corporation law, as amended by section 5 of chapter 691 of the Laws of New York of 1892, as follows: That one-half of the capital stock of said corporation has been paid in, Corporations. 501 the last installment thereof having been paid in on the day of , I . In witness whereof, we have hereunto ,set our hands this day of , I } (Signatures of directors.) (Acknowledgment, as in form No. 89.) State of New York, , County, \ A. B. and C. D., of, etc., being severally duly sworn, say, and each for himself says : That said A. B. is the presi- dent (or, vice-president), and said C. D. is the secretary (or, treasurer), of the (name of corporation), named in the fore- going certificate. That the statements contained in the said certificate are true. (Signatures of affiants.) (Jurat, as in form No. 32.) I. See section 6 of chapter 567 (p. amended by section 5 of chapter 691 1169) of Laws of New York of 1890, of Laws of New Yorlt of 1892, as to which took effect May i, 1891, as this certificate. No. 408. Supplemental certificate to be filed by business corporation in order to become a full liability corporation. (Laws of N. Y. of 1890, chap. 567, § 7, as amended by Laws of N. Y. of 1892, chap. 691, § 6.) We, the undersigned, the president and treasurer of the (name of corporation), a corporation formed under chapter 567 of the Laws of New York of 1890, passed June 7, 1890, and known as the business corporation law, as amended by chapter 691 of the Laws of New York of 1892, do hereby certify, pursuant to the provisions of section 7 of said chap- ter, as amended as aforesaid, in order that said corporation may become a full liability corporation, as follows : That hereafter the said corporation intends to be a full liability corporation. That we have annexed hereto, pursuant to said section 7, as amended as aforesaid, a copy of a resolu- tion adopted by a two-thirds vote of the board of directors 502 Forms Relating to of said corporation and the written consent of all the stock- : holders of said corporation, authorizing and consenting to the change of said corporation to a full liability corporation, marked respectively " A " and " B." In witness, etc. (as in form No. 402).^ A. B., President. E. R, Treasurer. (Certificate of acknowledgment, as in form No. 89. ) (Annex exhibits "A" and " B," referred to in the above certificate, forms Nos. 409 and 410.) I. See section 7 of chapter 567 of individually liable to its creditors Laws of New York of i8go, which for all its debts and liabilities, and act' took effect May l, 1891, as may be joined as defendants in any amended by section 6 of chapter 691 action against it. The change takes of Laws of New York of 1892, as to eflFect from the time of filing the cer- this certificate. By that section, if tificate in the offices where certificates the corporation is formed as or be- of incorporation are required to be comes a full liability corporation, all filed, the stockholders are to be severally No. 409. Copy resolution to be annexed to certificate, form No. 408. (Laws of N. Y. of 1890, chap. 567, § 7, as amended by § 6 of chap. 691 of Laws of N. Y. of 1892.) At a meeting of the board of directors of the (name of cor- poration), held at, etc., on, etc., the following resolution was adopted by a two-thirds vote of said board : Resolved, That this board does hereby authorize and con- sent, pursuant to statute, to the change of the (name of corporation) to a full liability corporation. Copy. M. R., Secretary. Corporations. 503 No. 410. Consent of stockholders to be annexed to certificate, form No. 408. (Laws of N. Y. of 1890, chap. 567, § 7, as amended by § 6 of chap. 691 of Laws of N. Y. of 1892.) We, the undersigned, all the stockholders of the (name of corporation), do hereby consent, pursuant to the provisions of section 7 of chapter 567 of the Laws of New York of 1890, passed June 7, 1890, and known as the business cor- poration law, as amended by section 6 of chapter 691 of the Laws of New York of 1892, to the change of said corpora- tion to a full liability corporation. In witness, etc. (as in form No. 402).^ A. B., shares. C. D., shares, etc. (Certificate of acknowledgment by the stockholders, as in form No. 89.)^ I. See section 7 of chapter 567 of 2. The statute does not, nowever, Laws of New York of 1890, which require the consent to be acknowl- act took effect May i, 1891, as edged, amended by section 6 of chapter 691 of Laws of New York of 1892, as to this consent. No. 411. Amended certificate for the purpose of extending business of business corporation. (Laws of N. Y. of 1890, chap. 567, § 8, as amended by § 7 of chap. 691 of Laws of N. Y. of 1892.) As in form No. 402, to (*), and from thence as follows : Of (stating additional business) in addition to the business mentioned in the original certificate of incorporation of said corporation, dated , i , do hereby execute the fol- lowing amended certificate, pursuant to the provisions of section 8 of chapter 567 of, etc. (describing act as in form 504 Forms Relating to No. 402), as amended by, etc., the extension of business proposed hereby having been authorized by a vote of stock- holders representing three-fourths of the capital stock of said corporation, at a meeting called and held as provided in section 2 of said act, and a copy of the proceedings of which meeting, verified by the affidavit of three of the directors present thereat, is filed herewith : First. Same as in form No. 402. Second. The object for which the said corporation is to be formed is the carrying on the business of (stating same) in addition to the business of (stating same) as stated in the said original certificate of incorporation of said corporation ; and the locality at which said business is to be carried on is at (stating locality of business). Third. Same as in form No. 402. Fourth. Same as in form No. 402. Fifth. Same as in form No. 402. Sixth. Same as in form No. 402. Seventh. Same as in form No. 402. In witness, etc. (as in form No. 402).* (Signatures ot corporators.) (Certificate of acknowledgment, as in form No. 89.)^ (Annex copy of proceedings of meeting of stockholders and verification thereto, as required by section 8 of chapter 567 of Laws of New York of 1890, as amended by section 7 of chapter 691 of Laws of New York of 1892.) I. See section 8 of chapter 567 of tion, and the extension of business Laws of New York of 1890, which must be of the same general charac- act took efTect May i, 1891, as ter as that stated in and which might amended by chapter 6gi of Laws of have been properly included in the New York of 1892, section 7, as to this original certificate, certificate; and see form No. 402, and 2. The statute does not, in terms, notes thereto. This extension may require this amended certificate to be be made within one year from the acknowledged, but that is probably date of the certificate of incorpora- its intention. Corporations. 505 No. 412. Affidavit of directors present at a meeting of stockholders of business corporation to be annexed to a copy of proceed- ings of such meeting, annexed to amended certificate, form No. 411. (Laws of N. Y. of 1890, chap. 567, § 8, as amended by § 7 of Laws of N. Y. of 1892.) State of New York, County, A. B., C. D. and E. F., being severally duly sworn, say, and each for himself says : That they are directors of the (name of corporation) and were present at a meeting of the stockholders of said corporation held at, etc., on, etc., that the paper hereto annexed, marked " A," is a copy of the proceedings of such meeting.' A. B. C. D. (Jurat, as in form No. 32.) E. F. I. See section 8 of chapter 267 of of Laws of New York of 1892, as to Laws of New York of 1890, as this affidavit, amended by section 7 of chapter 6gl No. 413. Agreement for consolidation of business corporation. (Laws of N. Y. of 1890, chap. 567, § 13, as amended by § 8 of chap. 691 .of Laws of New York of 1892.) This agreement, made this day of , in the year I , between the board of directors of the (name of cor- poration) and the board (or, boards) of directors of the (name or names of corporation or corporations), corporations organized for the purpose of carrying on the business of (state same), witnesseth : That the said boards of directors do hereby agree, pur- suant to section 13 of chapter 567 of the Laws of New York of 1890, passed June 7, 1890, and known as the business cor- poration law, as amended by section 8 of chapter 691 of Laws of New York of 1892, for the purpose of consolidating the said corporations into a single corporation, as follows, viz.: 64 5o6 Forms Relating to First. That the terms and conditions of such consolidation and the mode of carrying the same into effect shall be as follows, viz.: (stating same.) Second. That the name of the new corporation shall be the (insert same) and the term of existence of said corpora- tion shall be (fifty) years. Third. That the number of the directors who shall man- age the affairs of such new corporation shall be (stating number, not less than three nor more than thirteen), and that the names and post-office addresses of the directors thereof for the first year shall be, A. B., whose post-office address is at the (city) of , in the county of , and. State of ; C. D., whose, etc. (as above, stating in like manner the name and post-office address of each). Fourth. That the operations of said new corporation are to be carried on at the (town) of , in the county of , in the State of New York [and at the (town) of , in the county of , and State of New York, etc. (mentioning each town or city and county)]. Fifth. That the principal place of business of said new corporation is to be situated at the town (or, city) of , in the county of , and State of New York. Sixth. That the amount of the capital stock of said new- corporation shall be dollars,^ which stock is to be di- vided into shares of dollars each and is to be dis- tributed among the holders thereof in the following manner, to-wit, (stating manner). [Seventh. That it is proposed that a part of the business, of said new corporation, to-wit (stating what part shall be carried on at (stating place), in the State of , (and stat- ing such other particulars as are deemed necessary).p In witness, etc. (as in form No. 368). (Signatures of directors.) (Affix seals of both corporations.) I. The amount of capital stock is 8 of chapter 691 of Laws of New not to be larger than the fair aggregate York of 1892). value of the property, franchises and 2. If said corporations, or either of lights of such corporations (Section them, shall have been organized for 13 of chapter 567 of Laws of New the purpose of carrying on any part York of 1890, as amended by section of its business in any place out of Corporations. 507 the State, and such new corporation Laws of New York of 1890, which, shall propose to carry on any part of took effect May i, l8gi, as amended its business out of the State, the by section 8 of chapter 6gi of Laws agreement must so state. of New York of 1892, as to this »See section 13 of chapter 567 of agreement. No. 414. Notice of meeting of stockholders of business corporations for submission of agreement for consolidation. (Laws of N. Y. of 1890, chap. 567, § 14, as amended by § 9 of chap. 691 of Laws N. Y. of 1892.) As in form No. 405, to (*), and from thence as follows : The approval, pursuant to the provisions of section 14 of chapter 567 of the Laws of New York of 1890, as amended by section. 9 of chapter 691 of Laws of New York of 1892, of an agree- ment, dated , i , made between the board of directors of said corporation and the board (or, boards) of directors of the (name (or, names) of corporation (or, corporations) with which agreement is to be made) for the consolidation of the said corporations, which agreement will be submitted to such meeting, and for the transaction of such other business as may properly come before said meeting. By order of the board of directors.* Dated , i . A. M., Secretary of the (name of corporation). I. See section 14 of chapter 567 of New York of 1B92, § 9, as to this no- Laws of New York of i8go, which tice and its service and publication, act took effect May i, 1891, as See, also, forms Nos. 413, 415, and amended by chapter 6gi of Laws of notes the'-eto as to this proceeding. Mo. 415. Proceedings of meeting of stockholders of business corpora- tion, held pursuant to notice, form N"o. 414. (Laws of N. Y. of 1890, chap. 567, § 14, as amended by § 9- of chap. 691 of Laws of N. Y. of 1892.) At a meeting of the stockholders of the (name of corpora- tion) held, pursuant to law, at (name of place), in the (city} 5o8 Forms Relating to of , in the county of and State of New York, on the day of , i , the following proceedings were had:> The meeting was called to order by A. B., upon whose motion F. R. was made president and P. C. secretary thereof. A vote by ballot of the stockholders was taken upon the question of (*) the approval of the agreement made by the board of directors of said corporation with the board of directors of the (name of corporation), dated , i , providing for the consolidation of said corporations pursuant to the provisions of chapter 567 of the Laws of the State of New York of 1890, as amended by section 9 of chapter 691 of the Laws of New York of 1892, and upon the counting of such ballots, stockholders owning (more than) two-thirds of the stock of said (name of corporation) were found to have voted in favor of the approval of such agreement. P.C, Secretary. State of New York, ] ' y ss. : County of , ) P. C, of , being duly sworn, says : That he was the secretary of the meeting of the stockholders of the (name of corporation) above referred to. That the foregoing is a true copy of the record of the proceedings of said meeting.' (Jurat, as in form No. 32.) P. C. I. The agreement, form No. 413, chap. 567 of Laws of New Vork and the verified copies of the proceed- of 1890, as amended by g 9 of chap, ings of the meetings of the corpora- 691 of the Laws of New York of 1892.) tions are to be made in duplicate, one As to objection by stockholder not of which is to be filed in the office of voting in favor of the agreement to the secretary of State, and the other consolidate, to such consolidation, in the office of the clerk of the county and demand of payment for his where the principal business office stock, and the appraisal of such jtock of the new corporation is to be situ- and purchase thereof by the new ated in the State of New York, and corporation, see same section, the thereupon such corporations shall be provisions of which are substantially merged into the new corporation the same as those of section 2 of specified in such agreements, to be chapter 960 of Laws of 1867. (See known by the corporate name therein forms under that section Nos. 222- mentioned, and the provisions of 227, Vol. 3, Lansing's Forms of Civil such agreement shall be carried into Procedure.) effect as therein provided. (§ 14 of Corporations. 509 title iii. Forms Under General Corporation Law. (Laws of N. Y. of i8go, chap. 563, as amended by chap. 687 of Laws of N. Y. of 1892.) No. 416. Certificate of authority of a foreign corporation. 417. Statement and designation by foreign corporation in order to ob- tain certificate of authority. 418. Proxy to vote at election for a member of corporation. 419. Oath by member of corporation upon his vote being challenged. 420. Oath by proxy of member upon challenge. 421. Notice of special election of such directors. 422. Certificate of extension of corporate existence of corporation. No. 416. Certificate of authority of a foreign stock corporation, other than a monied corporation. (Laws of N. Y. of 1890, chap. 563, as amended by chap. 687 of Laws of N. Y. of 1892, § 15.) State of New York, , ss.: Office of the Secretary of State, L M. F., secretary of State of the State of New York, do hereby certify, pursuant to the provisions of the general corporation law, as amended, that the (name of corporation) a foreign corporation, the business (or, objects) of which are (stating same), has complied with all the requirements of law to authorize it to do business in this State, and that the business of the said corporation to be carried on in this State is such as may be lawfully carried on by a corporation incor- porated under the laws of this State for such or similar business (or, by two (or, state number of) corporations incor- porated under the laws of this State for such kinds of busi- ness respectively). In witness whereof, I have hereunto set my signature and the seal of said State, this day of , i .' [L. s.] M. F., Secretary of State. I. See section 15 of chapter 687 of act chapter 563 of the Laws of New Laws of New York of 1892, by which York of 1890 is amended, as to this 510 Forms Relating to certificate, without having procured of New York. See, also, same sec- which no foreign stock corporation, tion as to such corporations doing other than a monied corporation, is business in that State at the time of permitted to do business in the State the passage of the act. No. 417. . statement and designation by foreign stock corporation in order to obtain certificate of authority, form No. 416. (Laws of N. Y. of 1890, chap. 563, as amended by chap. 687 of Laws of N. Y. of 1892, § 16.) The (name of corporation), a foreign stock corporation, organized under the laws of the (State) of , does hereby, pursuant to the general corporation law of the State of New York, as amended by chapter 687 of the Laws of New York of 1892, make the following statement and designation : First. That the business (c(r, objects) of the said corpora- tion which it is engaged in carrying on (or, which it proposes to carry on) within the State of New York is (or, are) as follows : (stating same). Second. That the place of business of said corporation within the State of New York, which is to be its principal place of business therein, is in the (city) of , in the county of . Third. The said corporation does hereby designate and appoint, pursuant to said act, A. M., who has an office (or, place of business) (at No. ■ — — street), in the (city) of in the State of New York,^ as a person upon whom a summons or any process or other paper, whereby a special proceeding is commenced in a court or before an officer, ex- cept a proceeding to punish for contempt, and except where special provision for the service thereof is otherwise made by law, may be served foresaid corporation within that State. In witness whereof, the said (name of corporation) has caused its (president, etc.) to affix hereto his signature and its corporate seal this day of , in the year i ^ -, A. M., Tl s 1 T ■ ( President (or, naming other act- In presence of . , \ r ^- \ B_ M mg head of corporation). (Acknowledgment or proof, as in form No. 89.) Corporations. 5 1 1 I, A. M., the person named in the foregoing instrument, do hereby consent to the designation of myself, made by said instrument, as a person upon whom a summons, process, or other paper as therein mentioned may be served within the State of New York, upon (name of corporation). Dated , i . A. M. In presence of B. M. (Acknowledgment, etc., as in form No. 89.) I. The person so designated must York Code of Civil Procedure, as to have an office or place of business at this statement and designation. For the place where such corporation is revocation of authority, see Lan- to have its principal place of busi- sing's Forms of Civil Procedure, vol- ness within the State. (Laws of N. ume i. No. 87; and see provisions of Y. of 1892, chap. 687, § 16.) section 16 above cited in case of death I. See section 16 of chapter 687 of or removal of persons designated Laws of New York of 1892, amend- from the principal place of business ing the general corporation law, and within the State of the corporation, subdivision 2 of section 432 of New No. 418. Proxy to vote at election or meeting for a member of corpora- tion. (Laws of N. Y. of 1890, chap. 563, as amended by chap. 687 of Laws of 1892, § 21.) Know all men by these presents, that I, A. B., of , do hereby constitute and appoint E. F., of , my attorney and agent for me and in my name, place and stead, to vote as my proxy at any election of directors (or, meeting of the stockholders) of the (name of corporation), according to the number of votes I shall be entitled to vote if then personally present. (This proxy is to continue in force until the day of , I -, unless sooner revoked.) In witness whereof, I have hereunto set my hand and seal this day of , i } A. B. [L. S.J (by C. R., his attorney.) Sealed and delivered in presence of LJ. (Acknowledgment, etc., as in form No. 89.) I. See section 21 of chapter 687 of which act chapter 563 of Laws of 1890 Laws of New York of 1892, by is amended, as to this proxy, and as to 512 Forms Relating to revocation, expiration, etc. By that corporation. A corporation having section no officer, clerk, teller or no capital stock may, by that section, book-keeper of a corporation formed prescribe in its by-laws the persons under or subject to the banking law who may act as proxies for members, shall act as proxy for any stock- and the length of time for which holder at any meeting of any such proxies may be executed. No. 419. Oath by member of corporation upon his vote being chal- lenged. (Laws of N. Y. of 1890, chap. 563, as amended by chap. 687 of Laws of N. Y. of 1892, § 22.) I, A. B., do solemnly swear that in voting at this election I have not, either directly, indirectly or impliedly, received any promise or sum of money, or anything of value to influence the giving of my vote or votes at this meeting or as a con- sideration therefor (and that I have not sold or otherwise disposed of my interest in or title to any shares of stock or bonds in respect to which I offer my vote at this election, but that all such shares or bonds are still owned by me.)' A. B. (Jurat, as in form No. 32.) I. See section 22 of chapter 687 of The words in parenthesis are to be Laws of New York of 1892, amend- inserted, in case of a stock corpora- ing chapter 563 of Laws of 1890, as tion, in both oaths. to this oath, and oath form No. 420. No. 420. Oath by proxy of member of corporation upon challenge. (Laws of N. Y. of 1890, chap. 563, as amended by chap. 687 of Laws of N. Y. of 1892, § 22.) I do solemnly swear that I have not, either directly, indirectly or impliedly, given any promise or any sum of money or anything of value, to induce the giving of a proxy to me to vote at this election, or received any promise or any sum of money or anything of value to influence the giv- ing of my vote at this meeting, or as a consideration there- Corporations. 513 for (and that the title to the stocks and bonds upon which I now offer to vote is, to the best of my knowledge and belief, truly and in good faith vested in the persons in whose names they now stand).' C. D. (Jurat, as in form No. 32.) I. See note to last form, No. 419. No. 421. Notice of special election of directors of corporation. (Laws of N. Y. of 1890, chap. 563, as amended by chap. 687 of the Laws of N. Y. of 1892.) • To the stockholders of the (insert corporate name): You are hereby notified that a meeting (*) of said corpora- tion for the purpose of electing directors thereof, will be held at the office of said corporation (No. street), in the (city) of -, on the day of , i , at o'clock in the noon. Dated , i . By order of the board of directors. M. F., Secretary. [Or, To, etc. (as above). Notice is hereby given that no election of directors of said corporation having been held on the day of , i , designated by the by-laws of said corporation therefor, and none having been called by the directors of said corporation (or, that at the meeting held at , on the day of , i , as designated by the by-laws of said corporation, no directors of said corporation were elected, a meeting (as above from (*) omitting the words " By order, etc.").i Dated , i . E. F., Stockholder (or, member) of said corporation.] 1. See section 24 of chapter 687 New York of 1890, as to this notice of Laws of New York of 1892, and the publication and service amending chapter 563 of Laws of thereof. 65 514 Forms Relating to No. 422. Certificate of extension of corporate existence of corporation. (Laws of N. Y. of 1890, chap. 563, as amended by chap. 687 of Laws of N. Y. of 1892.) We, the undersigned, stockholders owning (more than) two-thirds in amount of the capital stock (or, two-thirds of the members) of the (name of corporation), do hereby, pur- suant to the general corporation law of the State of New York, as amended, for the purpose of extending the cor- porate existence of said corporation for the term of years beyond the time specified in its original certificate of incorporation (or, by law ; or, in a certificate of extension of •its corporate existence, dated , i , and filed in the (naming offices) on the day of , i ), certify that we consent to such extension for the period above men- tioned, that is to say, for years from the day of , I . In witness, etc. (as in form No. 365).' (Signatures of stockholders or members.) (Acknowledgment, as in form No. 89.) I. See section 32 of chapter 687 of to this certificate and filing and effect Laws of New York of 1892, amend- thereof, ing chapter 563 of Laws of 1890, as TITLE IV. Forms Relating to Railroad Corporations. (Laws of N. Y. of 1890, chap. 563, as amended by chap. 676 of Laws of ' N. Y. of 1892.) Article i. Forms Relating to Railroads Generally. (Same act as amended, art. i.) No. 423. Certificate of incorporation of railroad corporation. 424. Affidavit to be indorsed upon or annexed to certificate of incor- poration of railroad corporation. 425. Supplemental certificate of names and places of residences of directors omitted from original certificate of incorporation of railroad corporation. Corporations. 515 No. 426. Notice to occupant of lands of filing map and profile of route, etc. 427. Petition by owner or occupant of land over which route of rail- road is located for the appointment of commissioners to examine the route. 428. Notice of application to justice of Supreme Court for appointment of commissioners to examine route of railroad corporation. 429. Order appointing commissioners to examine route of railroad. 430. Determination of commissioners appointed to examine route of railroad. 431. Notice of appeal from the decision of the commissioners ap- pointed to examine the route of railroad. 432. Order of the General Term upon appeal from decision of commis- sioners appointed to examine the route of railroad. 433. Certificate of change of route or termini of railroad. 434. Certificate of incorporation of railroad corporation for construction, etc., of railroad in foreign country. 435. Notice to railroad corporation by laborer of amount due him from contractor. 436. Notice of sale of unclaimed freight or baggage by railroad cor- poration. 437. Report to comptroller of sale of unclaimed freight, etc. 438. Proofs of advertisement accompanying report, form No. 437. 43g. Oath of policeman appointed by the governor to act for railroad corporation. 440. Notice by railroad corporation that they no longer require the ser- vices of a policeman. 441. Agreement for consolidation of railroad corporations. 442. Notice of meeting of stockholders to consider as to consolidation of railroad corporations. 443. Certificate of adoption of agreement for consolidation of railroad corporations. 444. Notice of meeting of stockholders of railroad corporation to con- sider question of leasing of road. 445. Certificate of adoption of agreement for leasing of railroad. No. 423. Certificate of incorporation of railroad corporation. (Laws of N. Y. of 1890, chap. 565, § i, as amended by chap. 676 of Laws of 1892.) We, the undersigned, A. B., whose post-ofilice address is at , C. D., whose post-office address is at , etc. (stating name and post-office address of each subscriber to the certificate), in order to become a corporation formed 5i6 Forms Relating to for the purpose of building, maintaining and operating a railroad (or, for the purpose of maintaining and operating a railroad already built, not owned by a railroad corporation),^ do hereby execute and acknowledge the following certificate pursuant to the provisions of article i of chapter 565 of the Laws of New York, passed June 7, 1890, known as the rail- road law, as amended by chapter 676 of the Laws of New York of 1892, and do hereby state as follows : (*) First. That the name of said corporation shall be the (insert name).^ Second. That the said corporation shall continue for years. Third. That the kind of road to be built (or, operated) by said corporation is (stating same). Fourth. That the length of road is to be miles, and the termini thereof are at or near (or, at or near in ; or, at a convenient point in) the (city of , in the county of and State of New York), and at or near — — , in, etc. (stating in like manner the other terminus).' Fifth. That the names of the counties and of each of them in which said road or some part thereof is to be located, are as follows, viz.: the counties of (stating them). Sixth. That the amount of the capital stock of said cor-. poration is to be dollars, and the number of shares into which said capital stock is to be divided is shares of dollars each ;* of which said A. B. agrees to take shares ; said C. D. agrees to take shares (and so on, stating the number of shares agreed to be taken by each subscriber to the certificate). shares of said stock are to be common stock, and shares of said stock are to be preferred stock, and the latter is to be entitled to the fol- lowing rights and privileges over the former, viz.: (stating them).* Seventh. That the names of the (nine)^ directors of said corporation who shall manage its affairs for the first yeari are as follows, viz.: A. B., whose post-office address is (stat- ing same); C. D., whose post-office address is (stating same); [and so on, stating in like manner the name and post-office address of each such director]. Corporations. 517 Eighth. That the place where the principal office of said corporation is to be located is the (city) of , in the county of . [Ninth. That the names and description of the streets, avenues and highways in which such road is to be con- structed are as follows : (giving names, etc.)7 Tenth. (Here are to be inserted in the case of a steam railway in a county or city provided for by article 5 of chapter 565 of Laws of New York of 1890, as amended by chapter 676 of Laws of New York of 1892, the statements re- quired by section 126 of that article.) In witness whereof we have hereunto set our hands, at the (city) of , on this day of , i .' (Signatures of corporators.) (Certificate of acknowledgment by corporators, as in form No. 89.) (Annex affidavit next form. No. 424, and in case of railway corporation specified in article 5 of said chapter 565, annex also the certificate of the railroad commissioners showing the organization of the corporation for the purposes mentioned in the certificate.) 1. The corporation may be formed Buffalo and Pittsburgh Railroad Co. for either or both purposes by fifteen v. Hatch (20 id. 157); N. Y., Lacka- or more persons. wanna, etc., Railroad Co. v. Union 2. See section 4 of chapter 563 of Steamboat Co. (35 Hun, 220; afTd, Laws of New York of 1890, which S. C, gg N. Y. 12); BufTalo, Corn- took effect May i, 1891, as amended ing and N. Y. Railroad Co. v. Pot- by section 6 of chapter 688 of Laws tie (23 Barb. 21); construing section of New York of i8g2, cited in note i of chapter 140 of Laws of New 2 to form No. 202, as to name of cor- York of 1850. poration. 4. The amount of the capital stock 3. See Mason v. Brooklyn, etc., shall be not less than ten thousand Railroad Co. (35 Barb. 373) ; People dollars for every mile of road built V. Brooklyn, etc., Railway Co. (8g or proposed to be built, except a N- Y. 75); Mohawk Bridge Co. v. narrow-gauge road, when it shall be Utica and Schenectady Railroad Co. not less than three thousand dollars (6 Paige, 554) ; Brooklyn Central for every such mile. (Laws of New Railroad Co. v. Brooklyn City Rail- York of i8go, chap. 565, § 2, as road Co. (32 Barb. 358); People v. amended by Laws of New York of Albanyand Vermont Railroad Co. (24 1892, chap. 676, § 2.) N. Y. 261); Buffalo and Jamestown 5. If the capital stock is to consist Railroad Co. v. Gilford (87 id. 2g4); of common and preferred stock. Si8 Forms Relating to insert this clause. (See same sec- tion.) A subscription for stock made be- fore the incorporation of the com- pany and contained in the articles of association, is obligatory upon the subscriber, although he makes no cash payment whatever. The right to membership is a sufficient con- sideration for the subscriber's lia- bility, and he cannot revoke the sub- scription. (Lake Ontario, etc., Rail- road Co. V. Mason, i6 N. Y. 451.) 6. Not less than nine directors. Where at the time of signing the articles of association of a railroad company the names of the directors were left in blank, it was held that the instrument was incomplete and inoperative as against one of the signers who was sued for his first subscription to the stock ; that there was no implied consent upon his part to the insertion of the names of any persons as directors; and that by the insertion of such names with- out his consent, the instrument was not made binding upon him. (Dutch- ess and Columbia Railroad Co. v. Mabbett, 58 N. Y. 397.) See, also, section 3 of chapter 565 of Laws of New York of 1890, as amended in 1892, as to filing sup- plemental certificate containing the names and places of residence of the directors, where these shall have been omitted from the certificate, when executed and acknowledged, and thereafter the requisite number of directors has been chosen at a meeting of the subscribers to the certificate. For form of such certi- ficate, see next form. No. 424. 7. Insert this clause in case of a street surface railway. 8. See section t of article i of chapter 565 of Laws of New York of l8go, which took effect May i, 1891, as to this certificate and its contents. That section is a substitute for sec- tion I of chapter 140 of the Laws of 1850, which section is repealed by said chapter 565 of 1890. The articles of association to be filed may be upon separate sheets, each of which, being a copy of the others, has been signed by only a portion of the members of the com- pany. (Lake Ontario, etc.. Railroad Co. V. Mason, 16 N. Y. 451.) See, also, Erie and N. Y. City Railroad Co. v. Owen (32 Barb. 616); Burt V. Farrar (24 id. 518); >Ogdens- burg, etc.. Railroad Co. v. Frost (21 id. 541), generally as to articles and their execution. See as to execution of articles by agent. Matter of N. Y., L., etc., R. R. Co. (99 N. Y. 12). See as to amended certificate of in- corporation, section 5 of chapter 563 of Laws of New York of 1890, as amended ; as to filing certified copy of certificate in case of loss of either of duplicate certificates, see section 6, id., as amended; as to filing certifi- cate, see section 3, id., as amended; and see that act, which took elfect May 1, 1891, and amendments thereto by chapter 687 of Laws of New York of 1892, generally as to corpora- tions. It is provided by section 5 of chap- ter 565 of Laws of New York of 1890, that if any domestic railroad corpora- tion shall not, within five years after its certificate of incorporation is filed, begin the construction of its road and expend thereon ten per cent of the amount of its capital, or shall not finish its road and put it in operation in ten years from the time of filing such certificate, its corporate ex- istence and powers shall cease. Corporations. 519 No. 424. Affidavit to be indorsed upon or annexed to certificate of in- corporation of railroad corporation. (Laws of N. Y. of 1890, chap. 565, § 2, as amended by chap. 676 of Laws of N. Y. of 1892.) State of New York, County, A. B., of , C. D., of , and E. F., of , being severally duly sworn, depose and say,- and each for himself deposes and says, that they are three of the directors of the (name of corporation), a railroad corporation, who are named in the certificate of incorporation of said corpoi^ation as directors who shall manage its affairs for the first year. That at least (one thousand dollars)^ of stock for every mile of road built (or, proposed to be built) by said corporation has been subscribed thereto, and paid in good faith and in cash to the said directors named in said certificate, and that it is in- tended in good faith to build, maintain and operate the road mentioned in said certificate.^ (Add in case of a railway corporation specified in article 5 of chapter 565 of Laws of New York of 1890, as amended, the additional matter re- quired by section 1 28 of that article.) (Jurat, as in form No. 32.) A. B. C. D. E. F 1. The amount of capital stock, by on the day of its delivery, to a director subdivision 6 of section 2 of chapter of the company named in the articles, 565 of Laws of New York of 1890, payable to his order as treasurer of as amended in 1892, is required to be the company, which check was de- at least $10,000 for every mile of posited by the director on the day of road built or proposed to be built, such filing, although credit was not except a narrow-gauge road, when it given to him therefor upon the books shall not be less than $3,000 for of the bank until the next day. ffeld, every such mile. to be a compliance with the provis- 2, The delivery of a certified check ions of the statute as to payment in by a subscriber to the stock, for ten cash of ten per cent on the subscrip- per cent upon the amount of his sub- tion prior to the filing of the articles, scription on the day previous to the (Matter of Staten Island Rapid Tran- day of the filing of the articles, dated sit Railroad Co. v. Bodine, 38 Hun, 520 Forms Relating to 381; citing Matter of Seneca Co. v. Starin, 37 id. 422; aff'd, S. C, loi N. Y. 636.) The affidavit of three directors that $84,100 has been subscribed in good faith to the capital stock, annexed to and referring to the articles which state the termini of the road, and that its length is about seventy-five miles, is sufficient evidence that at least $1,000 of stock for every mile of the road proposed is subscribed. (Buffalo and Pittsburgh Railroad Co. v. Hatch, 20 N. Y. 157.) The statement in such affidavit, that "ten per cent has been paid in cash on said subscription," is suffi- cient, without adding that it was paid to the directors or in good faith. (Id.) The defendant having been applied to by an agent employed to procure subscriptions to the stock of the plaintiff, gave his check for the ten per cent required by the act of 1850 to be paid in cash, upon the express agreement that he should never be called upon to pay the same. In an action brought by the company upon the check. Held, (i) that the taking of the check for the ten per cent required to be paid in cash was not such a violation of the act as to render it void; (2) that the agent had no au- thority, no express authority to do so being shown, to bind the company by his agreement in regard to the lia- bility of the defendant upon the check. (Syracuse, P. & O. Railroad Co. V. Gere, 4 Hun, 392.) It is not necessary that ten per cent be paid upon the amount of each subscription at the time of making the same, or previous to the filing of the articles with the secretary of State. It is sufficient if the cash payments, by whomsoever made, amount in the aggregate to ten per cent upon $1,000 for each mile of road proposed to be constructed. (Lake Ontario, Auburn and New York Railroad Co. v. Mason 16 N. Y. 451.) The mere filing of articles of asso- ciation will not constitute a railroad corporation de jure, but there must be a stock subscription of at least $1,000 for every mile of the proposed rail- road, and the payment thereon of tea per cent in cash, as required by the General Railroad Act. (Farnham v. Benedict, 107 N. Y. isg.) See as to contents of this affidavit the last paragraph of section 2 of chapter 565 of Laws of New York of i8go, which act took effect May i, 1891. By that chapter section i of chapter 140 of Laws of 1850, entitled " An act to authorize the formation of railroad corporations, and to regu- late the same," is repealed. No. 425. Supplemental certifleate of names and places of residence of directors, omitted from original certificate of incorporation of railroad corporation. (Laws of N. Y. of 1890, chap. 565, § 3.) Whereas, the names and places of residence of the directors of the (name of corporation), were omitted from the original certificate of incorporation of the said corporation, when the same was executed and acknowledged. Corporations. 521 And whereas, the requisite number of said directors has been since chosen at a meeting of the subscribers to said certificate, held at , on the day of , i : Now, therefore, we. A* B., etc., the subscribers to said cer- tificate, do hereby execute and acknowledge the following supplemental certificate, pursuant to section 3 of article i of chapter 565 of the Laws of New York of 1890, passed June ' 7, 1890, and known as the railroad law, as follows : That the following persons were chosen at said meeting as directors of said corporation, viz.: A. B., whose place of residence is at, etc. (stating same); C. D., whose place, etc., is (stating in like manner the names and places of residence of such directors). In witness, etc. (as in form No. 423;.^ (Signatures of subscribers.) (Certificate of acknowledgment, as in form No. 89.) I. See section 3 of chapter 565 of to in note 6 to form No. 423, as to Laws of New York of 1890, which this certificate and its contents, act took effect May i, 1891, referred No. 426. Notice to occupant of lands of filing map and profile of route, etc. (Laws of N. Y. of 1890, chap. 565, § 6, as amended by chap. 676 of Laws of N. Y. of 1892.) To A. B. (naming occupant) : You are hereby notified that the map and profile of the route adopted by the (name of corporation), in the county of , duly certified as required by law, were filed in the county clerk's office of the county of , on the day of — -, I , at o'clock in the noon, and are there on file, and that the route designated thereby passes over lands occupied by you.' Dated , i . Yours, etc.. The (name of company) by F. R., Secretary, 1. Section 6 of chapter 565 of Laws a substitute for section 22 of of New York of 1890, which is chapter 140 of the Laws of New 66 522 Forms Relating to York of 1850, repealed by that chapter, as amended, provides that every railroad corporation, except a street surface railroad corporation and an elevated railway corporation, be- fore constructing any part of its road in any county named in its certificate of incorporation, shall make a map and profile of the route adopted by it in such county, certified by the presi- dent and engineer of the corporation, or a majority of the directors, and file it in the office of the clerk of the county in which the road is to be made. The corporation is required to give written notice to all actual occupants of the lands over which the route of the road is so designated, and which has not been purchased by or given to it, of the time and place such map and profile were filed, and that such route passed over the land of such occupants. Said section 5 was amended by chapter 676 of Laws of New York of 1892. The right to the notice required to be given by the above section (22) is a right given to each owner, by the statute, and it is not for the corpora- tion or for the court to deprive him of it. (Matter of N. Y. and Boston Railroad Co. v. Goodwin, 62 Barb. 85.) If the occupant does not take the statutory steps, within fifteen days, to secure a review or alteration of the route, the route may be con- sidered settled, and his right there- after to object to the location as lost. (Id.) As to the requisites of the map and profile to be filed, see same case. A railroad company was organized by an act of the legislature and au- thorized to construct its road between two points, and over certain streets and rs 1, 1891. substantially the same as the above No. 516. Consent of owners of property to taking of highway for plank road or turnpike. (Laws of N. Y. of 1890, chap. 566, § 122.) We, the undersigned, owners of land along the highway leading from to , actually residing on (that part of) said highway (on which the plank road or turnpike of the (name of corporation) is to be constructed), do hereby consent, pursuant to statute, to the taking of (such part of) said highway for the purpose of said road, by said corporation.' Dated , i . /c- .. r \ (Signatures of owners.) I. See section 122 of chapter 566 this consent, and see note i to form of Laws of New York of 1890, as to No. 515. No. 517. Application to board of supervisors for authority to lay out a plank road or turnpike or to construct a bridge. (Laws of N. Y. of 1890, chap. 566^ § 123.) To the board of supervisors of the county of i'- The (name of corporation), a plank road (or, turnpike ; or, bridge), corporation duly incorporated under article 9 of chapter 566 of the Laws of 1890 of the State of New York, passed June 7, 1890, known as the transportation corpora- tions law, for the purpose of constructing, maintaining and owning a plank road, etc., between the points (and upon the route) hereinafter mentioned, hereby applies to you for authority to lay out (build) and construct a plank road (or, turnpike ; or, bridge) from to [upon the following route (stating route of road) ; or, across the ], and to take the necessary real estate for such purpose, the lands necessary for the construction of said road (or, bridge) in 620 Forms Relating to said county not having been procured by gift or purchase, and the right to take and use (a part of) the highway in said county leading from to not having been procured by agreement with the supervisor and commissioners of highways of the town (or, towns) of , in which such highway is situated, and that three commissioners may be appointed pursuant to said statute to lay out the said (road).^ Dated , i . The (name of corporation) By J. B., President. L. M., Secretary. I. The application is to be made 2. See chapter 566 of Laws of New to the board of supervisors of each Yorli of 1890, section 123, page 1155, county, in which such bridge or road, which took effect May i, 1891, as to or any part thereof, is to be located, this'application. No. 518. ITotice of application to board of supervisors for authority to lay out plank road, or turnpike, or to construct bridge. (Laws of N. Y. of 1890, chap. 566, § 123.) Notice is hereby given, pursuant to statute, that an applica- tion will be made and presented by the (name of corpora- tion), to the board of supervisors of the county of , at a meeting of said board to be held at , on the day of , I , at o'clock in the noon, for authority to lay out (build) and construct [in the said county], the road (or, bridge) of said corporation, and to take the necessary real estate for such purpose. Said road is proposed to be constructed from to , through the following cities (villages and towns), tb-wit : (specify same), and is to be miles in length (or, said bridge is proposed to be constructed between and , across the , and is to be ■ feet long and feet in breadth.)^ Dated , i . ' i The (name of corporation), G. H., Secretary. by E. F., President. I. This notice is to be published county. (Laws of N. Y. of 1890, for six successive weeks, in at least chap. 566, p. Ii55i § 123.) one public newspaper printed in each See, also, note i to form No. 517. Corporations. 621 No. 519. Notice of special meeting of board of supervisors for hearing application of plank road, turnpike or bridge corporation, for authority to construct such road or bridge. (Laws of N. Y. of 1890, chap. 566, § 123.) To the supervisors of the county of : Gentlemen : Take notice that a special meeting of the board of supervisors of the county of will be held at , on the day of , i , at o'clock in the noon, for the purpose of hearing the application of the (name of corporation), a plank road (or, turnpike ; or, bridge) corporation, for authority to lay out and construct a plank road (or, turnpike ; or, bridge), from to , through the following cities (towns and villages), viz.: (specify same), [or, between and across the ] and to take such action thereupon as the said board may deem advisable. Witness our hands this day of — — -, i } A. F., G. H., I. J., Supervisors of said county, I. If the corporation desires a his place of residence at least twenty- special meeting of the board of super- days before the meeting, and the ex- visors for hearing the application, penses of such special meeting, and any three members of the board may of notifying the members of the fix a time when the same shall be board thereof, shall be paid by the held, and notice thereof shall be corporation. (Laws of N. Y. of i8go, served upon each of the other chap. 566, p. 1155, § 123.) supervisors, by delivering the same See, also, note 2 to form No. 517. to him personally, or leaving it at No. 520. Affidavit of service of notice of meeting, form Ifo. 519. (Laws of N. Y. of 1890, chap. 566, § 23.) County, ss..- A. M., of , being duly sworn, says, that on the day of , I , he served a notice, of which the annexed is a copy, upon M. R., one of the members of the board of supervisors of the county of , by delivering the same to 622 Forms Relating to the said M. R., personally (or by leaving the same at the place of residence of said M. R. in the (town of , in said county).' A. M. (Jurat, as in form No. 32.) (Annex notice, form No. 519.) I. See section 123 of chapter 566 form No. 519, as to service of this of Laws of 1890, cited in note i to notice, and see notes to form No. 517. No. 521. Order of board of supervisors authorizing construction of plank road or turnpike. (Laws of N. Y. of 1890, chap. 566, §§ 123, 124.) At a (special) meeting of the board of supervisors of the county of , held at, etc., on the day of , I . Present— A. B., C. D., etc. The (name of corporation) having heretofore made appli- cation, pursuant to statute, at a regular (or, special) meeting of this board, legally held at , on the day of , I • (pursuant to notice, fixing the time thereof, given by three members of said board, and duly served upon each of the other supervisors of said county),' for authority to lay out and construct a plank road (or, turnpike) from to , upon the following route, viz.: (set forth same as stated in the application), [or, a bridge from to , across the ], and due notice of said application at said meeting having been given by said company previous to presenting the same to such board, in the manner required by law, and the said board having heard the said application and all per- sons appearing and desiring to be heard having been heard in respect thereto, and the said board having taken testimony in respect to said application (or, testimony in respect to said application having been taken by a committee of said board, who were duly authorized by said board to take the same) [and the hearing thereof having been 4uly adjourned from time to time tdi this time] : Now, therefore, it is hereby ordered, after hearing said application, that the said (name of corporation) be and it is Corporations. 623 liereby authorized to construct such a road (or, bridge), and to take the real estate necessary for that purpose. [And it is hereby further ordered that L. M., M. N. and H. P., (three) disinterested persons who are not the owners of real estate in any town through which the said road is proposed to be <;onstructed, or in any adjoining town, be and they are hereby appointed commissioners to lay out such road.]^ 1. Insert this clause, in brackets, in the office of the clerk of the county •when the meeting is a special one. in which such bridge or road is lo- 2. See as to this order sections 123 cated before any act shall be done ■and 124 of chapter 566 of Laws of under it. New York of i8go, p. 1155. See, also, notes to forms Nos. 517- A copy of the order certified by the 520. clerk of the board is to be recorded No. 522. Survey and description of the route of plank road or turnpike, by commissioners appointed to lay out same. (Laws of N. Y. of 1890, chap. 566, § 124.) The undersigned, duly appointed by the supervisors of the county (or, counties) of (tiaming same) as commissioners to lay out a plank road (or, turnpike) from to upon the following route, viz.: (insert route as in application) after taking the oath prescribed by the Constitution have pro- ceeded without unnecessary delay to lay out the route of such road in such manner as in their opinion will best pro- mote the public interests, and have heard all persons inter- ested who have applied to them to be heard (and have taken testimony in relation thereto), and have caused the follow- ing accurate survey and description to be made of such road, and of the necessary buildings and gates, to-wit: (Insert sur- vey and description.) Dated at , this day of , i^ } M. N., etc., Commissioners. (Acknowledgment by commissioners, substantially as in form No. 89.) 1. The commissioners are required the county. (Laws of N. Y. of i8go, to cause this survey and description chap. 566, p. 1155, § 124.) to be recorded in the clerk's office of If the road is situated in more 624 Forms Relating to than one county such survey and de- scription are to be separate as to that portion in each county, and filed in the office of the clerk of the county to which it relates. The corporation is required to pay each commissioner three dollars for every day spent by him in the performance of his duties and his necessary expenses. See section 125 of chapter 566 of Laws of New York of 1890, as to entering upon by the corporation, and taking and holding for the purposes of its incorporation, the lands described in such survey as necessary for the construction of its road, and requisite buildings and gates. If for any cause the owner of any such lands shall be incapable- of selling the same, or his name 01 place of residence cannot with rea- sonable diligence be ascertained or the corporation is unable to agree with the owner for the purchase thereof, it may acquire title by con- demnation. Section 3357 of the New York Code of Civil Procedure provides that whenever any person is author- ized to acquire title to real property for a public use by condemnation, the proceeding for that purpose shall be taken in the manner prescribed, in title i of chapter 23 of that code. See forms Nos. 323, etc., contained herein under that statute. No. 523. Oath of commissioners appointed to lay out plank or turnpike road. (Laws of N. Y. of 1890, chap. 566, § 124; N. Y. Const, art. 12, § I.) County of , jj..- We do severally solemnly swear (or, affirm) that we will support the Constitution of the United States, and the Con- stitution of the State of New York, and that we will faithfully discharge the duties of the office of (*) commissioners to lay out a plank (or, turnpike) road from to , accord- ing to the best of our ability.* A. B., C. D., E.F., Commissioners. (Jurat, as in form No. 32.) I. As to officers before whom this oath may be taken and subscribed, see article 3, title 6, chapter 5 of New York Revised Statutes, part i (i N. Y. R. S., 119; 7th ed., 367). This oath is required to be taken by the commissioners before entering upon their duties. (Laws of N. Y. of 1890, chap. 566, § 124, p. II55-) See, also, generally as to this pro- ceeding, notes to forms Nos. 521, 522- Corporations. 625 No. 524. Beloase of real property by owner to plank or turnpike road corporation, for the use of its road. Quit-claim deed of property, a& in form No. , adding after description the words, as follows, viz.: for the uses and purposes of constructing thereon a plank (or, turnpike) road, and for no other purpose whatever. In witness, etc. (as in form No. ). A. B. [L. s.] In presence of C. B. [L. S.] E. F. (Acknowledgment or proof, as in form No. 89.) No. 525. Certificate of commissioners of highways, of completion of bridge or of turnpike, or plank road. (Laws of N. Y. of 1890, chap. 566, § 129.) We, the undersigned (a majority of), the commissioners of highways of the town of , in the county of , do hereby certify, pursuant to the provisions of section 129 of article 9 of chapter 566 of the Laws of New York of 1890, passed June 7, 1890, known as the transportation corpora- tions law, that upon the application of the (name of corpo- ration), we (or, the said commissioners)^ have inspected the portion of the plank road (or, turnpike) of said corporation, situated in the said town of (or, the bridge of said (name of corporation), situated in said town crossing the ), and that we are satisfied that the said portion of said road (or, said bridge) is made and completed as required by law and in a manner safe and convenient for the public use.^ In witness whereof, etc. (as in form No. 403). (Signature of commissioners.) (A majority of said) commissioners. I. Use the words in brackets where 2. See section 129 of chapter 566 the certificate is made by a majority of Laws of New York of i8go, which of the commissioners. act took effect May i, 1891, as to this 79 626 Forms Relating to certificate, and see section 128 of sioner shall be paid by the corpora- same chapter as to the manner of tion two dollars per day for his ser- construction of such bridge and the vices and necessary expenses, bridges to which the provisions of See, also, The Eastern Plank that chapter are applicable. The cer- Road Company v, Vaughan (14 N. Y. tificate is to be filed in the office of 546). the county clerk. Each commis- No. 526. Petition by eommissioners of highways for order to change location of gate of plank road or turnpike road. (Laws of N. Y. of 1890, chap. 566, § 133.) To the County Court of county : The petition of A. B. (and) C. D. (and E. F.) respectfully shows that they are (a majority of) the commissioners of highways of the town of , in the county of ; that your petitioners are of the opinion that the toll-gate located on the road of the (name of corporation), a plank road (or, turnpike) corporation, at (describing situation), in the town of , in said county (which said town adjoins the town of ), is unjust to the public interest, by reason of the prox- imity of diverging roads, to-wit (naming such roads) [or, by reason, etc. (stating other reasons)]. Wherefore, your petitioners pray that an order may be granted to alter or change the location of the said gate to (describing new location),* pursuant to the provisions of section 133 of article 9 of chapter 566 of the Laws of New York of 1890, known as the transportation corporations law. Dated , i , A. B. CD. E. F. County, ss.: A. B., C. D. and E. F., being severally duly sworn, say : That they have read the foregoing petition subscribed by them and know the contents thereof ; that said petition is Corporations. 627 true to their knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters they believe it to be true.^ (Signatures of petitioners.) (Jurat, as in form No. 32.) I. See section 133 of chapter 566 all the commissioners or a majority of. Laws of New York of 1890, page of them. 1158, as to this proceeding, also notes 2. The statute does not, in terms, to forms Nos. 527, 528. require the petition to be verified. The application must be made by (Id.) No. 527. ITotice of application upon petition, form No. 526. (Laws of N. Y. of 1890, chap. 566, § 133.) To M. N., the president (or, secretary) of the (name of cor- poration) : Take notice that upon the petition, a copy of which is hereto annexed and herewith served upon you, an applica- tion will be made, at a term of the County Court, to be held at, etc., on, etc., at the opening of the court on that day (or, at o'clock in the noon of that day), or as soon thereafter as counsel can be heard, for an order to alter or change the location of the gate of the plank road (or, turn- pike) of the (name of corporation) mentioned in the said peti- tion, to the place mentioned in the said petition or other proper location, and for such other and further relief as may be proper.^ , Dated , i . Yours, etc., M. F., Attorney for A. B., etc. (a majority of the) commissioners of highways of the town of , in the county of . (Office address.) I. See section 133, referred to in fifteen days' notice, and see that note note I to last form, No. 526, as to generally as to this proceeding, this notice, which is required to be a r 628 Forms Relating to No. 528. Order of County Court upon application by commissioners of highways, for change of location of gate of plank road or turnpike corporation. (Laws of N. Y. of 1890, chap. 566, § 133.) At a term of the County Court of county, held at, etc.,, on, etc. Present: Hon. J. H. C, Judge In the matter of the applica- tion of A. B., etc. (a ma- jority of) the commission- ers of highways of the town of , in the county of , for a change in the location of a toll gate on the plank road (or, turn- pike) of the (name of cor- poration). On reading and filing the petition, dated , i , of A. B., etc. (a majority of the) commissioners of highways of tjie town of , in the county of , praying for an order to alter or change the location of a toll gate located in said town, upon the plank (or, turnpike) road of the (name of corporation) from its present location at (describing loca- tion as in petition, form No. 526), to (stating place as in pe- tition) or other profjer location, with proof of due service more than fifteen days since of notice of this application upon M. N., president (or, secretary) of said company, and on reading and filing (name other papers read on the mo- tion), and on motion of G. R., of counsel for said commis- sioners, and after hearing H. L. for the said corporation (or, no one appearing to oppose) [and on viewing said premises] ; it is hereby ordered that, etc.^ I. Insert this clause in brackets, in 2. The court is to malse such order case the court shall have deemed such in the matter as may be just and view necessary. (Section 133, supra.) proper. (Id.) Corporations. 629 See, also, McAllister V. The Albion 210 of Laws of New York of 1847, Plank Road Company (10 N. Y. 353), for which said section 133 of chap- S. C. (ii Barb. 610); Matter of Com- ter 566 of Laws of 1890, repealing raissioners, etc., of Lewiston (15 said act of 1847, is a substitute, id. 136). These cases were de- Said chapter 566 took effect May i, cided under section 37 of chapter i8gi No. 529. Notice of appeal from order of County Court changing, etc., location of gate on plank road or turnpike. (Laws of N. Y. of 1890, chap. 566, § 133.) (Title of proceeding, as in form No. 528.) Take notice that A. B. (and) C. D. (and E. F.), (a ma- jority of the) commissioners of highways of the town of , in the county of , hereby appeal [or that the (name of corporation) hereby appeals] to the General Term of the Supreme Court from the order made in the above entitled proceeding by the County Court of county, at a term thereof, held at , on the day of , i , and entered in the clerk's office.^ Yours, etc., F. P., Attorney for commissioners (or, for said company.) (Office address.) To A. B., attorney for the (name of corporation) (or. To A. B., etc., (a majority of the) commissioners of highways of town of ) and the county clerk of the county of . I. Either party may, within fifteen the appeal. (McAllister v. The Al- days thereafter, appeal from such bion Plank Road Company, 10 N. Y. order to the General Term of the Su- 353.) preme Court, on giving such security See, also, S. C. (11 Barb. 610), as the county judge making the order generally as to this appeal; and as to may prescribe. (Laws of N. Y. of costs therein, see Matter of Commis- 1890, chap. 566, § 133.) sioners, etc., of Lewiston (15 id. 136). An appeal does not lie to the Court And see notes to forms, Nos. 526- of Appeals from the judgment ren- 528. dered by the Supreme Court upon 630 Forms Relating to No. 530. Notice of motion for appointment of referees in appeal from order of County Court changing, etc., location of toll gate on plank road or turnpike. (Laws of N. Y. of 1890, chap. 566, § 133.) (Title of proceeding, as in form No. 528.) Sir : — Take notice that upon the notice of appeal to the General Term of the Supreme Court herein, with proof of due service and of filing thereof, and upon all other papers and proceedings in this proceeding, a motion will be made by the (appellant) in the said appeal, at, etc., on, etc., for an order to be made, pursuant to statute, appointing three dis- interested persons who are in no wise interested in said cor- poration, or in the question of the location of the toll gate thereof, and are not residents of any town through or into which such road runs, or to or from which such road is a principal thoroughfare, or any adjoining town, referees to hear, try and determine the said appeal, and for such other and further relief as may be proper (with costs of this motion).' Dated , i . Yours, etc., (Signatures, etc., as in form No. 527.) To (address as in form No. 527). 1. See section 133 of chapter 566 this notice. See, also, notes to of Laws of New York of i8go, as to forms Nos. 526-529. No. 531. Order of Supreme Court appointing referees on appeal from order of County Court, changing, etc., location of toU gate upon plank road or turnpike. (Laws of N. Y. of 1890, chap. 566, § 133.) At a General Term of the Supreme Court, held at, etc., on, etc., in and for the judicial department. Present — Hon. F. P., Presiding Justice ; A. M. and P. J-, Justices. (Title of proceeding, as in form No. 528.) On reading and filing (name papers read in behalf of mo- tion), with notice of motion for the appointment of referees Corporations. 631 upon the appeal herein, pursuant to statute [with proof of due service thereof upon E. R., attorney for the (respondent)], and on motion of F. H., counsel for said appellant (6r, re- spondent), and after hearing E. R., for said (or, no one appearing to oppose), and on reading (name papers read, if any, in opposition to motion) : It is hereby ordered that (*) J. K., of , L. M., of -, and M. N., of — ■ — •, be and they are hereby appointed refer- ees, pursuant to statute, to hear, try and determine the ap- peal taken by, etc., in the above entitled proceeding from the order of the County Court of county, dated , I , and duly entered in the county clerk's ofifice, changing the location of the toll gate upon the road of said company at, etc. (or, otherwise stating the substance of order).' I. By the provisions of section 133 which such road shall run, or to or of chapter 566 of Laws of New York from which it is the principal of 1890 (page 1158), the Supreme thoroughfare, or any adjoining town, Court, on motion of either party, on as referees to hear, try and determine due notice, shall appoint three dis- the appeal. interested persons who are not resi- See, also, notes to forms Nos. 526- dents of any town through or into 530. No. 532, Oath of referees appointed on appeal fi:om order changing, etc., location of toll gate on plank road or turnpike. (Laws of N. Y. of 1890, chap. 566, § 133.) (Title of proceeding.) County, ss.: We, J. K., L. M. and M. N., the referees appointed by order of the General Term of the Supreme Court in the above entitled proceeding, dated , i , do solemnly swear that we will fairly and faithfully hear, try and deter- mine the questions referred to us in the said proceeding, and will make a just and true report, according to the best of our understanding.' (Signatures of referees.) (Jurat, as in form No. 32.) I. See note i to form No. 533. 632 Forms Relating to No. 533- Report of referees appointed to hear, try and determine ap- peal from order changing, etc., location of toll gate on plank road or turnpike. (Laws of N. Y. of 1890, chap. 566, § 133.) (Title of proceeding, as in form No. 528.) To the General Term of the Supreme Court, in the Judicial Department : We, J. K., L. M. and M. N., referees duly appointed by the said court in the appeal taken to said court in the above entitled proceeding, to hear, try and determine the said ap- peal, do hereby respectfully report : That having been attended by the parties and their coun- sel (and having taken the oath required by law, which is hereunto annexed),^ we have proceeded to view the premises and the location of the gate affected by the order appealed from, and have heard the respective parties in the manner required by law, and do hereby respectfully find and report, &s follows : We find as matters of fact : First. That (insert finding). Second. That (insert finding). And we find as conclusions of law, as follows : First. That (insert finding). Second. That (insert finding). Third. That said gate should be removed from (stating place) to (stating place) in accordance with the directions of the said order appealed from (or, find against its removal ; or, otherwise modifying or reversing decision below). And we do further report that the reasons of our decision are as follows, viz.: (State same.) i Corporations. 633 And we further report that the evidence taken by us is contained in the schedule marked " D," hereto annexed and made part of this our report. All of which is respectfully submitted. Dated , i .^ J. K., L. M., M. N., Referees. (Annex schedule " D," referred to in report.) 1. No oath, however, seems to be which act took effect May i, iSgi, as required to be taken by the referees, to this report, which is to be reviewed unless under the provisions of sec- by the court, and judgment rendered tion 133 above referred to, that they thereon, as justice and equity shall "shall hear the parties in the same require, which shall be final and con- manner as on the trial of an issue of elusive. fact by a referee in a civil action in As to compensation of referees the Supreme Court." For form of and its payment, see same section, this oath see form No. 532. See, also, notes to forms Nos. 526- 2. See section 133 of chapter 566 of 531. Laws of New York of 1890 (p. 1158), No. 534. Order for judgment on appeal from order changing, etc., loca- tion of toll gate on plauk road or turnpike. (Laws of N. Y. of 1890, chap. 566, § 133.) At a (General) Term of the (Supreme Court), held at , on the day of , i (in and for the Judicial Department). Present — Hon. W. F. (Presiding) Justice, (and E. P. and S. R., Justices). (Title of proceeding, as in form No. 528.) On reading and filing the report dated , i , of J. K., L. M. and M. N., referees appointed by this court, pur- suant to statute, to hear, try and determine the appeal of (name of appellant), in the abave entitled proceeding from the order of the County Court of county, made and entered therein, dated , i , with the evidence taken by said referees, with proof of due service of copies of said report and evidence and notice of motion for the confirma- tion of said report, and for judgment thereupon, upon M. R., 80 634 Forms Relating to the attorney for the respondents in such appeal, and after hearing F. M. for said appellants, and P. J. for said respond- ents, and on reading (name any papers read in opposition) it is hereby ordered That, etc. (stating judgment rendered), and that the . , said , recover from the , said , the sum of dollars, for the costs and expenses of said appeal, including said referees' fees, and have execution therefor, and that judgment be entered accordingly.^ I. See section 133 of chapter 566 of as to this order, and see notes to forms Laws of New York of i8go (p. 1 158), Nos. 526-533, generally, as to thi& which act took effect May i, 1891, proceeding.- No. 535. Judgment of General Term of Supreme Court on appeal from order changing, etc., location of toll gate on plank road or turnpike. (Laws of N. Y. of 1890, chap. 566, § 133.) (Title of proceeding, as in form No. 528.) Judgment of the day of , i . Upon filing the report of J. K., K. L. and L. M., referees duly appointed to hear, try and determine the appeal in the above entitled proceeding, which report bears date on the day of , I , and the order of the court dated , I , directing judgment to be entered thereupon as hereinafter stated, and on motion of E. R., attorney for the appellants (or, respondent) : It is hereby adjudged as follows : That, etc. (stating judg- ment rendered), and that the said (appellants) [the commis- sioners of highways of the town of , in the county of , recover from and against the (respondent)], the (name of corporation), the sum of dollars, costs of said ap- peal, and that said (appellants) have execution therefor. J.L., Clerk. 1. See note 2 to form No. 535, as See, also, notes to forms Nos. 526- to the judgment to be rendered upon 533, generally, as to this proceed- the report of the referees, and also ing. section 133 of chapter 566 (p. 11 58), of Laws of New York of 1890. ' Corporations. 635 No, 536. Order of county judge fixing security to be given on appeal from order of County Court, changing, etc., toU gate on plank road or turnpike. (Laws of N. Y. of 1890, chap. 566, § 133.) (Title of proceeding, as in form No. 528.) I do hereby order and direct, on motion of D. G., attorney for (name of appelant), in the above entitled proceeding that the security to be given upon the appeal of said (naming ap- pellant) to the Supreme Court from the order of the County Court of county, dated , i , made and entered in the above entitled proceeding, changing (etc.) the location of the toll gate on the road of said (naming company), at, etc. (or, otherwise briefly stating substance of the order), shall be an undertaking on the part of said (naming appel- lant), in the sum of dollars, in the same form and duly acknowledged or proved and certified, approved and filed as required by law, and the rules of courts of record, in order to stay proceedings in the case of an appeal from a judgment or order directing the payment of money ,1 pursuant to chap- ter 12 of the Code of Civil Procedure (or, insert other direc- tions as required by judge). J. H., ~ County Judge. I. See section 133 of chapter 566 as to this order ; and as to this pro- of Laws of New York of i8go (p. ceeding generally, see notes to forms 1158), which took effect May i, 1891, Nos. 526-535. No. 537. Undertaking on appeal from order of County Court, changing, etc., location of toll gate on plank road or ttirnpike. (Laws of N. Y. of 1890, chap. 566, § 133.) (Title of proceeding, as in form No. 528.) Whereas, on the day of , i , an order was made and entered, by the County Court of county, in the above entitled proceeding (state substance of order). 636 Forms Relating to And the said (naming appellant) feeling aggrieved thereby, intends to appeal therefrom to the General Term of the Su- preme Court, and the county judge of county having made an order, dated , i , that the security to be given upon such appeal shall be an undertaking by said appellant with sufficient sureties, conditioned as herein provided : Now, therefore, we, A. M., of , by occupation a (mer- chant), and M. N., of , by occupation a (banker), do hereby, jointly and severally, undertake, that the appellant will pay all costs and damages which may be awarded against (it) on said appeal, not exceeding dollars, and do also jointly and severally undertake that if the said order ap- pealed from, or any part thereof, is affirmed, or the appeal is dismissed, the appellant will pay the sum recovered or di- rected to be paid by the said order, or the part thereof as to which it is affirmed (or, provide otherwise or further accord- ing to the directions of the county judge's order).* Dated , i . A. M. M.N. In presence of E. F. (Certificate of acknowledgment or proof, as in/orm No. 89.) (Affidavits of justification by sureties, as in form No. 220.) I hereby apprcm/'e of the foregoing undertaking as to its form and manner of execution and as to the sureties therein mentioned. Dated , i . R. F., County Judge. Indorsed : Sir: Take notice that the within (or, foregoing) is a copy of an undertaking filed in the county clerk's office on the day of , I . E. N., Attorney for appellant. To J. B., (Office address.) Attorney for respondent. I. The statute provides that either after, appeal to the General Term of party may, within fifteen days there- the Supreme Court, from the order Corporations. 637 changing (etc.) the location of the Y. of iSgo, chap. 566, § 133, p. toll gate, on giving such security 1158.) as the county judge making such See, also, notes to forms Nos. 526- order may prescribe. (Laws of N. 536, generally as to this proceeding No. 538. Notice to toll gatherer, etc., toy commissioners of highways, etc., to put road in good condition. (Laws of N. Y. of 1890, chap. 566, § 134.) To E. F., toll gatherer at, etc. (or, person attending the gate at, etc.) : Take notice that you are hereby required to cause the part of the road of the (name of corporation) lying (describe situation briefly), of which written complaint has been made to the undersigned (commissioners of highways of the town of , in the county of ), to be put in good condition within forty-eight hours from the service of this notice upon you, and that in default thereof the said (commissioners of highways) will order the toll gates upon such road to be thrown open until the said road shall be fully repaired to the satisfaction of said (commissioners).' Dated , i . Yours, etc., (Signatures of commissioners, etc.) Commissioners, etc. I. The commissioners of highways turnpikes in their respective towns, of the several towns, and the trus- cities and villages. (Laws of N. Y. tees or other officers in the incorpo- of 1890, chap. 566, § 134.) rated cities and villages who perform See the same section as to their the duties of commissioners of high- duties upon written complaint to ways in such cities and villages, are them, or any of them, that any part to be inspectors of plank roads and of such road is out of repair. 638 Forms Relating to No. 539. Notice of appeal to County Court from order of commission- ers of highways, opening toll gates upon road of plank road or turnpike corporation. (Laws of N. Y. of 1890, chap. 566, § 134.) • County Court. In the matter of the appeal of the (name of appellant), from the order of the com- missioners, of highways of the town of , in the county of , opening the gates upon the road of the (said) (name of corpora- tion). Take notice that the (name of appellant) hereby appeals to the County Court of county, from the order of the commissioners of highways of the town of , in the county of , dated , i , ordering the toll gates upon the road of the (name of corporation), to be immediately thrown open until the road shall be fully repaired to the satisfaction of the inspector.^ . -^ ' ■ Attorney for appellant. (Office address.) To the commissioners of highways of the town of , in the county of , and the county clerk of county. I. See section 134 of chapter 566 act took effect May i, 1891, as to this of Laws of New York of 1890, which order. No. 540. Notice of hearing of appeal to County Court from order open- ing gates of plank road or turnpike company. (Laws of N. Y. of 1890, chap. 566, § 134.) (Title of proceeding, as in form No. 539.) Sir : — Take notice that the appeal in the above entitled proceeding will be brought on for hearing at a term of the Corporations. 639 County Court of county, to be held at the , in the (city) of , on the day of , i , at the open- ing of the court (or, at o'clock in the noon), or as soon thereafter as counsel can be heard.' Dated , i . Yours, etc. A. M., Attorney for (appellant). (OfHce address.) To M. H., Attorney for (respondents). 1. By section 134 of chapter 566 of upon a notice of not less than five Laws of New York of 1890, this ap- days, and the County Court shall peal is to be brought to a hearing always be open to hear the same. No. 541. Order of CoTinty Court affirming, etc., order of commissioners of highways opening gate of plank road or turnpike company. (Laws of N. Y. of 1890, chap. 566, § 134.) At, etc., as in form No. 528. (Title of proceeding, as in form No. 539.) An appeal having been taken to this court on the day of , I , from the order of the commissioners of highways of the town of , in the county of , made in the above entitled proceeding, dated , i , directing that the toll gates upon the plank road (or, turnpike) of the (name of corporation) be immediately thrown open, until the road shall be fully repaired to the satisfaction of the in- spector, and the said appeal having been duly brought to a hearing at this term of said court, and the court having heard the proofs and allegations of the parties, and after hearing M. F., of counsel for said appellant, and R. P., of counsel for said respondent, it is hereby ordered. That the said order be and the same is hereby in all re- spects afifirmed (or, reversed ; or, modified, as follows : (stating modification), and as so modified is hereby affirmed.)' 1. The court may, upon hearing gates to be thrown open, they shall the proofs and allegations of the remain open during the pendency of parties, affirm, reverse or modify the the appeal. (Laws of N. Y. of l8go, order. If the order requires the chap. 566, § 134, p. 1159.) 640 Forms Relating to No. 542. Order of eoinmissioners of highways ordering toll gates of' plank road or tiimpike corporation to be thrown open. (Laws of N. Y. of 1890, chap. 566, § 134.) At a meeting of the commissioners of highways of the town of , in the county of , held at in said town, on the day of , i , all (or, two of) the said commissioners having met and deliberated on the sub- ject matter embraced in this order (and all of the said com- missioners having been duly notified to attend the said meeting for the purpose of deliberating upon the subject matter of this order) :* It is hereby ordered and determined, by the said commis- sioners, (*) that the toll gates upon the plank road (or, turn- pike) of the (name of corporation) be immediately thrown open, until the road shall be fully repaired to the satisfaction of the inspector. In witness whereof, the undersigned, comftiissioners of highways of said town, have hereunto subscribed their names, this day of , i } (Signatures of commissioners.) Commissioners. 1. Insert this clause in brackets if of Laws of New York of 1890, which, but two of the commissioners meet, act took effect May 1, i8gi, as to See I N. Y. R. S. 525, § 125. this order. See, also, note i to form 2. See section 134 of chapter 566 No. 541. No. 543. 19'otice of location of oj£ce of plank road or turnpike corpora- tion. (Laws of N. Y. of 1890, chap. 566, § 137.) Notice is hereby given (*) that the office of the (name of company), is located at (state place), in the (town) of , in^ Corporations. 641 the county of , which place has been designated, pursu-. ant to law, by the board of directors of said conapany as such ofiSce.' By order of said board of directors. Dated , i . M. F., Secretary. Or, in case of change of location, as above to (*) and from thence as follows: That the location of the office of the (name of company) has been changed by a resolution of the board of directors thereof, passed , i , from its present location, to (name of place), in the (town) of , in the county of , and that said change to said new office will be made on the day of , i , at o'clock in the noon (or, at noon). By order of said board. Dated , i . M. F., Secretary. I. See as to this designation and road or bridge is or is to be con- notice, section 137 of chapter 566 of structed. And if the location of such Laws of New York of 1890 (p. ii6o), office is changed, like notice of such which took effect May i, 1891; the no- change is to be published and filed, in tice is to be given within two weeks which the time of making the change after the formation of the company, shall be specified, before it shall and is to be published in a public take effect. newspaper of the county in which Section 137, above mentioned, is a the o65ce is located, once in each substitute for section 42 of chapter week, for three successive weeks, 210 of the Laws of New York of and a copy thereof is to be filed in 1847, repealed by said chapter 566 of the office of the county clerk of every Laws of 1890. county in which any part of such No. 544. Oertiflcate of consolidation, of two or more plank road or turn- pike corporations and of change of name. (Laws of N. Y. of 1890, chap. 566, § 138.) The (name of corporation) a plank road (or, turnpike) cor- poration duly incorporated under the provisions of article 9 of chapter 566 of the Laws of New York of 1890, known as the transportation corporations law, and the (name of cor- poration), a turnpike (or, plank road) corporation) duly in- 81 642 Forms Relating to corporated under the provisions of said article, do hereby certify, pursuant to section 138 of said chapter, that the said corporations have been consolidated into one corporation upon terms agreed upon by persons owning (more than) two- thirds of the stock of each of said corporations ; and that the name of the road of said first mentioned corporation is the (state same) and that the name of the road of said sec- ondly mentioned corporation is the (state same), and that the name by which the road of said corporations so consoli- idated shall hereafter be known shall be the (name of road.) In witness whereof, the said corporations have caused their respective corporate seals to be hereunto affixed, and this certificate to be subscribed by their respective presi- dents, at the (city) of , on this day of ■, i .' The (name of corporation) [L. S.] [L. S.] By A. B., its president. The (name of corporation) By C. D., its president. I. See section 138 of chapter 566 which is to be filed in the office of Laws of New York of 1890 (p. where the original certificates of in- 1160), which took effect May i, 1891, corporation were filed, as to contents of this certificate. No. 545- Consent to abandonment of the whole or part of plank road or turnpike. (Laws of N. Y. of 1890, chap. 566, § 139.) We, the undersigned, stockholders of the (name of cor- poration), a plank road (or, turnpike) corporation duly in- corporated under article 9, etc. (stating as in form No. 544), owning (more than) two-thirds of the stock of said company, do hereby consent, pursuant to statute, to the abandonment by the directors of said corporation of the whole of the road of said corporation (or, of the part (or, parts) of the road of said corporation described as follows : (Describing same.) Witness our hands this day of , i . ' (Signatures of stockholders.) .1. See section 139 of chapter 566 566, as to this consent and its effect. of Laws of New York of 1890, page The consent is to be annexed to the CORPORjVTIONS. 643 declaration by directors of such aban- substitute for section i of chapter 87 donment (form No. 546), and filed of Laws of 1854, as amended by and recorded therewith in the clerk's chapter 409 of Laws of 1883, both of office of the county in which any part which acts are repealed by said chap- of the road abandoned shall be situ- ter 566 of i8go, which took effect ated. May i, 1891. Section 139 above mentioned is a See, also, note i to form No. 546. No. 546. Declaration by directors of abandonment of plank road or turnpike, in "whole or in part. (Laws of N. Y. of 1890, chap. 566, § 139.) We, the undersigned, the board of directors of the (name of corporation) do hereby certify and declare, pursuant to law and to a resolution of said board, passed , i , the consent of stockholders of said corporation holding (more than) two-thirds of the stock thereof, having been given to the abandonment hereinafter mentioned, which consent is hereto annexed. That we have abandoned and do hereby abandon the whole of the road of said corporation [or, the part (or, parts) of the road of said corporation described as follows, to-wit (describe same)]. In witness whereof, we have hereunto affixed our names and the seal of said company this day of , i M. N., President. [L. S.J W. F., Secretary. R. P., etc.. Directors. (Acknowledgment by nresident and secretary, as in form No. 89.) (Annex consent, form No. 545.) t. See section 139 of chapter 566 Where the capital stock of a plank of Laws of New York of 1890, page road company has been reduced by ii6i, as to this declaration and an- forfeitures of stock, by the company, nexed consent, form No. 545, and for the non-payment of calls, the see note i to that form. consent of stockholders holding or 644 Forms Relating to representing two-thirds of the capital Fishkill, etc., Plank Road Co., 27 as thus reduced is a sufficient com- Barb. 445, 457.) pliance with the requirements of the See, also, Heath v. Barmore (50 N. statute, so held under chapter 87 of Y. 302). Laws of 1854, section r. (People v. No. 547- Ifotice of appeal to county judge by plank road or turnpike corporation from decision of assessors. (Laws of N. Y. of 1890, chap. 566, § 140.) To A. B., etc., assessors of the (town) of , in the county of : Take notice that the (name of corporation) hereby appeals to the county judge of the county of from the decision of the board of assessors of said (town), concerning the claim of said corporation to exemption from assessment and taxa- tion, of the part of the road of said corporation lying in said (town).' Dated , i . Yours, etc. A. M., Attorney for (name of corporation). (Office address.) I. See section 140 of chapter 566 took effect May i, 1891, as to this of Laws of New York of 1890, which proceeding. No. 548. ITotiee by president or secretary of plank road or turnpike corporation to road inspector of encroachment of fence or other structure upon road. (Laws of N. Y. of 1890, chap. 566, § 142.) To M. B., one of the commissioners of highways and in- spectors of roads in the (town) of in the county of : You are hereby notified, pursuant to law, that E. F. is erecting (or, has erected) a fence (or, name other structure) upon a part of the premises lawfully set apart for the turn- Corporations. 645 pike (or, plank road) of the (name of corporation), to wit : that part of said road (adjoining the land of the said E. F., on the side), the strip of said road occupied and inclosed by said fence, etc., being about feet in length and about feet in width.' Dated , i . M. N., President (or secretary) of the . I. See section 142 of chapter 566 1891, as to this notice and the pro- of the Laws of New York of i8go, ceedings thereupon, which chapter took effect May 1, No. 549. Order by road inspector to remove fence or other structure trom plank road or turnpike. (Laws of N. Y. of 1890, chap. 566, § 142.) To E. F.: Whereas, M. N., the president (or, secretary) of the (name of corporation) has notified me, a commissioner of highways and inspector of roads in the (town) of , in the county of , that you are erecting (or, have erected) a fence, etc., upon a part of the premises lawfully set apart for the turn- pike (or, plank road ) of the said corporation, to wit : that part of said rpad (describing as in notice, form No. 548); And whereas, I have examined into the facts, and it ap- pearing that said (fence) is' upon a part of said road as afore- said: Now, therefore, you are hereby ordered and directed to remove said fence (or, name other structure) from the said road within (twenty days), so that the said road shall be open and unobstructed (or, encroached upon) thereby.^ Dated , i . M. B., Commissioner of highways and inspector of roads in said town of . I. See section 142 of chapter 566 No. 548. Any person neglecting or of Laws of New York of i8go, as to refusing to remove such fence or this order, and see note to last form, other structure within twenty days, or 646 Forms Relating to such further time, not exceeding main upon such road, but no such three months, as may be fixed by the order shall require the removal of inspector, shall forfeit to the corpora- any fence, previously erected, be- tion the sum of five dollars for every tween the first day of December and day during which the same shall re- the first day of April. No. 550. Consent of board of supervisors to extension of corporate ex- istence of plank road or turnpike corporation. (Laws of N. Y. of 1890, chap. 566, § 151.) At a regular (or, special) meeting of the board of super- visors of the county of , held at the (city) of , on the day of , i , the following resolution was adopted, viz.: Resolved, That the consent of this board be and hereby is given to the extension for years,^ of the corporate existence of the (name of- corporation), a plank road (or, turnpike) corporation incorporated pursuant to article 9 of chapter 566 of the Laws of New York of 1890, passed June 7, 1890, and known as the transportation corporations law (or, pursuant to an act of, etc., as in form No. 551, referring to the act of 1847).' I, F. P., clerk of the board of supervisors of the county of , do hereby certify that a resolution, of which the above is a copy, was passed by said board at the meeting above mentioned. In witness, etc. (as in form No. 30). (Signature of clerk.) Clerk. [Or, affidavit, as follows : County of , ss.: 1. M., of , being duly sworn, says : That a resolution, of which the foregoing is a copy, was passed at a regular (or, special) meeting of the board of supervisors of the county of , held at the time and place above mentioned. (Jurat, as in form No. 32.) I. M.] I. See section 159 of chapter 566 act took eflFect May I, 1891, as to of Lawrs of New York of 1890, which this consent and its proof. Corporations. 647 No. 551. Statement of president and treasurer to be filed with, certifi- cate of continuance of existence of plank road or turnpike company. (Laws of N. Y. of 1890, chap. 566, § 159.) We, the undersigned, A. F., president, and C. M., treas- urer, of the (name of corporation), a plank road (or, turn- pike) corporation, formed under and by virtue of article 9 of chapter 566 of the Laws of New York, passed June 7, 1890, and known as the transportation corporations law [or, of an act of the legislature of the State of New York, passed May 7, 1847, entitled "An act to provide for the incorporation of companies to construct plank roads, and of companies to construct turnpike roads," and the acts amendatory thereof], do hereby make the following statement, pursuant to section 159 of said act of 1890 (or, of article 9, etc., as above), to be filed with the certificate of the extension of the corporate existence of said corporation. First. That the name of each town (and ward) through or into which the road of said corporation passes is as follows : The town of , in the county of (and so on, naming in like manner each town), and the ward (or, wards) of the city of , in the county of . Second. That the actual capital expended upon the con- struction of said road, exclusive of repairs, is the sum of dollars. > [Third. That the actual cost of the part of said road re- maining after the abandonment of the portion thereof aban- doned by said corporation, exclusive of repairs, is the sum of dollars.]' In witness whereof, etc. (as in form No. 402).^ A. F., President. C. M., Treasurer. ■ County, ss.: A. F., of , and C. M., of , being severally duly sworn, depose and say, and each for himself deposes and says: That said A. F. is the president and said C. M. is the 648 I Forms Relating to treasurer of the (name of corporation). That the matters stated in the foregoing statement subscribed by them are true. (Jurat, as in form No. 32.) A. F. CM. 1. Insert this clause in brackets, of Laws of New York of 1890, which in case any part of the road shall took effect May i, 1891. have been abandoned. No further See, also, for general provisions as abandonment of any road belonging to extension of time of corporate ex- to a corporation whose corporate ex- istence of domestic corporations of istence has been so extended shall that State, on and after May i, 1891, be made, except with the consent of section 22 of chapter 563 of Laws of a majority of the board of supervisors New York of iSgo, as amended by of the county in which the abandoned section 32 of chapter 687 of Laws of portion of the rojd may lie, which New York of 1892, and form No. 422. consent shall be filed in the office of See, also, section 25 of chapter 566 the clerk of the county. (Laws of N. above mentioned, as to construction Y. of iSgo, chap. 566, p. 1164, § 159.) of that act in connection with acts 2. See section 159 of chapter 566 repealed by it. No. 552. Consent of stockholders of plank road or turnpike corpora- tion, to extension of corporate existence. (Laws of N. Y. of 1890, chap. 566, § 159.) We, the undersigned, stockholders owning (more than) two-thirds in amount of the capital stock of the (name of corporation), a plank road (or, turnpike) corporation duly incorporated under the laws of the State of New York, do hereby consent to the extension of the corporate existence of said corporation, for years* beyond the time fixed by the articles of association of said corporation for the duration of the corporate existence thereof. In witness whereof, etc. (as in form No. 402).^ (Signatures of stockholders.) I. A term not exceeding the term 687 of Laws of N. Y. of 1892, for which it was originally Incor- § 32. porated. (Laws of N. Y. of 1890, 2. See note 2 to last form No. 551, chap. 563, § 22, which act took effect and statutes therein referred to, as May I, 1891, as amended by chap, to this consent. Corporations. 649 TITLE V. Forms of Application for Mortgage, Lease or Sale of Corporate Real Property, or of Real Property of Joint Stock Association. (N. Y. Code Civ. Proc, chap. 23, tit. 2.) No. 553. Petition for the mortgage, lease or sale of corporate real property, or of real property of joint stock association. 554. Order of court upon petition of a corporation, etc., for leave to mortgage, sell, etc., real estate. 555. Notice of application for mortgage, sale, etc., of real estate, by corporation, etc. 556. Proof of service of notice of application to court, for leave to mortgage, etc., real estate of corporation, etc. No. 553- Petition for the mortgage, lease or sale of corporate property or of property of joint stock association. (N. Y..Code Civ. Proc, § 3391.) To the Supreme Court of the State of New York (or the County Court of county) : The petition of the A. B. Company respectfully shows : First. That your petitioner is a corporation (or, joint stock association) duly incorporated (or, formed) on the day of , I , under the laws of the State of New York, pursuant to the provisions of an act of the legislature of that State, passed , I , entitled " An act, etc. (giving title of act of incorporation ; or, formation), and the acts amend- atory thereof and supplementary thereto, for the business (or, purpose ; or object) of (stating business, purpose, etc., of incorporation or association). Second. That the name of said corporation (or, association) is the (stating same). That the names of its directors (or, trustees ; or, managers) are A. B., whose place of resi- dence is the (city) of , in the county of ; C. D., whose place of residence is the (town) of , in the county of (and so on, giving the name of each director, trustee or manager, and his place of residence). That the names of the principal officers of said company (or, association) are 82 6so Forms Relating to as follows: I. ]., its president, whose place of residence is the (city) of , in the county of ; K. L., its secretary, whose place of residence is the (town) of , in the county of , and so on (giving the names and official titles of the officers and their places of residence). Third. That the interests of the said corporation (or, asso- ciation) will be promoted by the sale (or, mortgage ; or, lease) of the real property belonging to said corporation (or, associa- tion), a description of which by metes and bounds is herein- after given and set forth ; for the following reasons, viz : (stating same, e. g., that said corporation (or, association) is indebted to various individuals (residing in the said county) to the amount of dollars, and that it has no property with which to pay the said indebtedness, except the said real estate (which is unproductive, etc.). Fourth. That such sale (or, mortgage ; or, lease) has been authorized, by a vote of (more than) two-thirds of the direct- ors (or, trustees ; or, managers) of said corporation (or, asso- ciation) at a meeting thereof, duly called and held, and that the following is a copy of the resolution granting such' authority, viz. : (insert copy of resolution) ; [or, that a copy of the resolution granting such authority is hereto annexed, marked " A "]. Fifth. That the market value of the remaining real prop- erty of the said corporation (or, association), is the sum of dollars ; and that the cash value of its personal assets is the sum of dollars, and that the total amount of its debts and liabilities is the sum of ^ dollars, which are secured as follows : (state how secured). Sixth. That it is proposed to apply the moneys realized from such sale (or, mortgage ; or, lease), as follows : (state manner). Seventh. That the consent of the shareholders (or,' stock- holders ; or, members), of said corporation (or, association), which consent is required by law to be first obtained to the sale (or, mortgage, or, lease) of said real property, has been given, and that a copy of such consent (or, a certified trans- cript of the record of the meeting at which such consent was given), is annexed to this petition, marked " B." Corporations. 651 Eighth. That no previous application has been made for an order authorizing the sale of said real estate [or, if made, state to what court, and what order or decision was made thereon, and what new facts, if any, are claimed to be shown].' Wherefore, your petitioner demands leave to mortgage, lease or sell the real estate first above mentioned, of which the following is the description, viz.: All that certain lot, piece or parcel of land (with the buildings thereon), situated in the (town) of , in the county of , in the State of New York, and bounded and described as follows, to-wit : (insert description of property, by met^s and bounds, with reasonable certainty).^ Dated , i . A. W. (or. The A. B. Company, by F. M., President.) (Verification, as in form No. 323.)^ 1. See rule 25 of General Rules of Practice; Bean v. Tonelle (24 Hun, 353); Ludlow V. Mead (3 N. Y. Supp. 321); S. C. (21 State Rep'r, 435); Ross V. Wigg (6 Civ. Proc. R. (Browne), 268, n.); Schacne v. Kayser (66 How. Pr. 395). 2. It is provided by section 3390 of the New York Code of Civil Pro- cedure, that whenever any corpora- tion or joint stock association is re- quired by law to make application to the court for leave to mortgage, lease or sell its real estate, the pro- ceeding therefor shall be had pursu- ant to the provisions of title 2 of chapter 23 of the Code of Civil Pro- cedure. As to the facts to be set forth in the petition, which is to be presented to the Supreme Court of the district, or the County Court of the county where the real property, or some part of it, is situated, by the corpo- ration or association, applicant, see section 3391 of said Code. By chapter 58 of Laws of New York of 1861, section i, p. 84, ap- plication must be made to the Su- preme Court for the leasing or sale and conveyance of real estate be- longing to any benevolent, chari- table, scientific corporation, mission- ary society or orphan asylum . By section 11 of chapter 60 of Laws of New York of 1813, the chancellor of the State is given the power upon the application of any religious cor- poration, in case he shall deem it proper, to make an order for the sale of the real estate belonging to such corporation: Provided, that that act shall not extend to any of the lands granted by the State for the support of the gospel. (2 N. Y. R. L., p. 218; R. S. [7th ed.] 1661.) By the Constitution of 1846 and the ju- diciary act of 1847, the powers of the chancellor were conferred on the Su- preme Court. (N. Y. Const., art. 14, § 8; id., art. 6, § 6; Wyatt v. Benson, 16 Barb. 327; Laws of N. Y. 1847, chap. 280, § 16, repealed by chap. 417 of Laws of 1877; Code Civ. Proc, 652 Forms Relating to § 217.) As to whether, under the acts of 1875 and 1876 (chap. 79 of Laws of 1875, and chap, no of Laws of 1876), and under the "rules and usages" of the Presbyterian Church of the United States, a church be- longing to that denomination can sell its real estate without the pre- cedent consent of the Presbytery, quere. (Matter of First Presbyterian Society of Buffalo, 116 N. Y. 251.) As to what constitutes such a con- sent, see same case. The Court of Appeals has no authority to review the determination of the court below as to the propriety of such a sale. (Id.) See, also, note i to form No. 554, and as to sale of property of Ameri- can Congregational Union, chapter 431 of Laws of New York of 1885, § I. P- 739; as to sale of property of Young Men's Christian Associations, chap. 33, p. 37, of Laws of New York of 1889. 3. The petition is required to be verified in the same manner as a veri- fied pleading in an action in a. court of record. (N. Y. Code Civ. Proc, § 3391-) No. 554- Order of court upon petition of a corporation, etc., for leave to sell real estate. (N. Y. Code Civ. Proc, § 3392.) At, etc., as in forms Nos. 329, 528. In the matter of the applica- tion of the (name of cor- poration) for leave to sell real estate. On reading and filing the petition of (The A. B. Com- pany), a corporation (or, joint stock association), organized (or, formed), under the provisions of " An act, etc. (stating title of act), passed , i , for the business (or, object ; or, purpose) of (stating same), which petition bears date , I , for leave to mortgage or lease, or sell, the real estate, described in said petition, as follows : (describe same), (*) it is hereby ordered after hearing M. C, of counsel for the petitioner, that notice of such application shall be given to R. P., who is interested therein as a member (or, stock- holder ; or, creditor, etc.), of the said corporation (or, asso- ciation), and that said application shall be heard at the time and place specified in such notice. [Or, as above to (*) and from thence as follows : And the court having proceeded to hear such application and it ap- Corporations. 653 pearing upon such hearing, to the satisfaction of the court, that the interests of the said corporation (or, association) will be promoted thereby : Now, on motion of M. C, of counsel for said petitioner, it is hereby ordered, that said A. B. Company be and it is hereby authorized to sell (or, mortgage ; or, lease) the said real property described in said petition [or, that portion of the real property described in the said petition, which is described as follows, viz.: (describing such portion)], for the sum of dollars (per annum), upon the following terms (stating terms of sale, etc.] And it is further ordered that the proceeds of such sale, etc., after paying the expenses of this application and of the conveyance, etc., of said property, be disposed of by said company as follows, to-wit (state manner of disposition of proceeds).]^ [Or, as above to (*) and from thence as follows : That A. M., of , be and he is hereby appointed as referee to take the proofs concerning said sale, etc., of said real estate, and to report the same to this court, with his opinion thereon.]^ 1. Where it appears, from the ap- porators, is without jurisdiction, and plication, that a sale is sought for the a deed executed in pursuance of such purpose of distributing the proceeds an order is void. (Madison Avenue among the pewholders of a religious Baptist Church v. Baptist Church in corporation, the court has no juris- Oliver Street, 46 N. Y. 131.) diction to grant the application, and That the sale, under that act, may its order is inoperative. (Wheaton be made by a referee or other officer V. Gates, 18 N. Y. 395.) See, also, as well as by the trustees, see De further, as to powers of the court Ruyter v. St. Peter's Church (3 N. Y. with regard to the application of 238). the proceeds . Matter of Reformed See, also, Manning v. Moscow Dutch Church in Saugerties (16 Barb. Presbyterian Society (27 Barb. 52); 237). Lee V. Methodist E. Church of Fort In order to constitute a valid sale Edward (52 id. n5) ; Madison of church property under chapter 60 Avenue Baptist Church v. Oliver of Laws of New York of 1813, there Street Baptist Church (73 N. Y. must be a valuable consideration 82); South Baptist Society of Albany enuring to the benefit of the cor- v. Clapp (18 Barb. 36); Beach v. Al- poration. An order of the court, len(7Hun, 441); Lynch v. PfeifFer(38 founded upon a petition showing a id. 603; aff'd, S. C, no N. Y. 33); benefit only to the individual cor- Matter of St. George's M. E. Church 654 Forms Relating to (21 N. Y. Week. Dig. 8i), as to the 2. See sections 3392 and 3393 of the construction of that statute. New York Code of Civil Procedure The jurisdiction of the court, it as to the proceedings upon the pre seems, under the act of 1813, to order sentation of the petition, the sale to be made, depends upon If the corporation or association is the facts before it when the order is insolvent, or its property and assets made, and it seems that the order are insufficient to fully liquidate its cannot be sustained by proof that the debts and liabilities, the application facts existed which justified the or- shall not be granted, unless all the der, but which did not appear to creditors of the corporation have the court at the time of the appli- been served with a notice of the time cation. Wheaton v. Gates (i8 N. Y. and place at which the application 395)- will be heard. (§ 3394, id.) No. 555. Notice of application for sale of real estate by corporation, etc. . (N. Y. Code Civ. Proc, § 3392.) (Title of proceedingj as in form No. 5 54.) To M. B., etc.: Take notice that upon the petition, of which a copy is herewith served upon you, an application will be made in the above entitled proceeding, at a Special Term of the Supreme Court, to be held at in the (city) of , on the day of , I , at the opening of the court, (or, at o'clock in the noon of that day), or as soon thereafter as counsel can be heard for an order granting leave to mort- gage, lease or sell the real estate described in the said peti- tion, and for such other or further relief as may be proper.' Yours, etc., M. N., Attorney for Petitioner, (Office address.) 1. See section 3392 of the New this notice. For , proof of service York Code of Civil Procedure, as to thereof, see form No. 556. Corporations. 655 No, 556. Proof of service of notice of application to court, for leave to mortgage, etc., real estate of corporation, etc. (N. Y. Code Civ. Proc, § 3395.) Title of proceeding, as in form No. 554. County, ss.: A. F., of , being duly sworn, says : That on the day of , I , he served copies of the petition and notice of application to be made thereupon, hereto annexed, upon M. B., the (or, a) person to whom said notice is di- rected, by delivering said copies to said M. B. personally, at the (city) of , in the county of , and leaving the same with him [or, by leaving said copies at the residence of said A. B., Number street, in the (city) of (or, in the town of , in the county of ), with R. B., a per- son of mature age and discretion, to-wit, of the' age of at least years, said M. B. being absent from his said residence at the time of such service ; or, by mailing said copies duly enveloped and addressed to said M. B. at his residence in the city of (or, in the town of , in the county of ), and State of (New York), and paying the postage thereon]. That deponent is of full age, viz., of the age of twenty-one years and upwards [or, was of the age of (eighteen) years, on the day of , i , and knew the person served as aforesaid to be the (or, a) person to whom said notice is directed.^ (Jurat, as in form No. 32.) I. See section 3395 of New Yorl ode of Civil Procedure as to sei = . vice of the notices provided for in corporate real property, A. F. I. See section 3395 of New York title 2 of chapter 23 of that statute, Code of Civil Procedure as to ser- relating to proceeding for the sale of 656 Forms Relating to CHAPTER XVII. Forms Relating to Coroners. (N. Y. Code Crim. Proc, part 6, tit. i.) No. 557. Subpoena for witness on coroner's inquest. 558. Attachment against witness subpoenaed by coroner for non- appearance. 559. Return to attachment, form No. 558. 560. Oath to be administered to foreman of coroner's jury. 561. Oath to be administered to jurors composing coroner's jury. 562. Oath to be administered to witness at coroner's inquest. 563. Oath to be administered to interpreter at coroner's inquest. 564. Examination of witnesses before coroner's jury. 565. Inquisition of coroner's inquest. 566. Coroner's warrant for arrest of party charged. 567. Undertaking by coroner when designated to act as sheriff. No. 557. Subpoena for witness on coroner's inquest. (N. Y. Code Crim. Proc, § 775.) The People of the State of New York, to M. N.: We command you (and each of you) that all business and excuses being laid aside, you be and appear before the sub- scriber, one of the coroners of the county of , at , in the (town) 'of , forthwith (or, at o'clock in the noon of the day of , i ), to testify and give evidence upon an inquest then and there to be had upon the body of F. E., deceased (or, of a person whose name is unknown ; or, upon the examination of C. R-, charged upon inquest with the murder of E. L.), and hereof fail not at your peril. Witness my hand this day of , i ■•' L. M., Coroner. I. See section 775 of New York form of this subpoena, and as to wit- Code of Criminal Procedure, as to nesses to be subpoenaed See, also, Coroners. 657 People V. Collins (20 How. Pr. 111); People, ex rel. Cosford, v. Supervis- Crisfield V. Perine(i5 Hun, 200; aff'd, ors of Niagara County (38 N. Y. State S. C, 81 N. Y. 622); Van Hoeven- Rep. 964; S. C, 15 N. Y. Supp. 680). bergh v. Hasbrouck (45 Barb. 197); No. 558. Attachment against witness subpcenaed by coroner, for non- appearance. (N. Y. Code Crim. Proc, § 776.) The People of the State of New York to the sheriff, or to any marshal or constable of the county of : We command you, that you attach M. N., and bring him before the undersigned, one of the coroners of said county, at , in said county, forthwith, to testify upon a certain inquest, etc. (set forth as in form No. 5S7), and also to answer all such matters as shall be objected against him, for that he having been duly subpcenaed to attend upon such inquest, has refused and neglected to attend in conformity to such subpoena, and have you then there this writ.^ Witness my hand this day of , i . L. M., Coroner. I. See sections 776 and 952 of New York Code of Criminal Procedure, as to this attachment. No. 559. Betiim to attachment, form No. 558. I have arrested the within named M. N., and'have him in my custody now here, as I am within commanded.^ Dated , i . A. B., Sheriff, etc. I. See note to last form, No. 558. No. 560. Oath to be administered to foreman of coroner's jury. (N. Y. Code Crim. Proc, § 774.) You do swear that you will well and truly inquire when, where and by what means the person lying here (or, whose 83 6s 8 Forms Relating to body you have just viewed, as the case may be) came to his death (or, was wounded), and who such person was, and into all the circumstances attending such death (or, wounding), and that you will render a true verdict thereon, according to the evidence offered to you, or arising from the inspection of the body ; so help you God.* I. See section 774 of New York Code of Criminal Procedure, as to the form and contents of this oath. No. 561. Oath to be administered to jvirors composing coroner's jury. (N. Y. Code Crim. Proc, § 774.) The same oath which A. B., the foreman of this inquest, hath on his part taken, you and each of you do now take, and shall well and truly observe and keep on your part, so help you God.'' I. See section 774 of New York 560, as to oath to jurors upon core- Code of Criminal Procedure, re- ner's inquest, f erred to in note i to last form, No. No. 562. Oath to be administered to witness at coroner's inquest. The evidence which you shall give upon the inquest touch- ing the death (or, wounding) of , (or, of the person whose body has been viewed), shall be the truth, the whole truth and nothing but the truth, so help you God. No. 563. Oath to be administered to interpreter at coroner's inquest. You shall truly interpret to the witness the oath that shall be administered to him upon this inquest; and shall also truly interpret between the coroner, the jury (and the coun- sel), and the witness, so help you God. Coroners. 659 No, 564. Examination of 'witnesses before coroner's jury. (N. Y. Code Crim. Proc, § 778.) County of , ss.: Examination of witnesses produced, sworn and examined on the day of , i , at , in said county, be- fore L. M., one of the coroners of the said county, and C. D., E. F., etc. (naming the jurors), good and lawful men of said county, duly summoned and sworn by the said coroner to inquire who the person was, whose body they have viewed, and when, where and by what means he came to his death (or, was wounded, as the case may be), and into the cir- cumstances attending his death (or, wounding), and to ren- der a true verdict thereon, according to the evidence of- fered to them, or arising from an inspection of the body. F. G., being produced and duly sworn and examined, tes- tified and says as follows (give his testimony in full): F. G. Subscribed and sworn before me, this day of , i . L. M., Coroner. I do hereby certify that the foregoing testimony of the several witnesses appearing upon the foregoing inquest, was reduced to writing by me, and that the said testimony is the whole of the testimony taken on such inquest, and that the same is correctly stated, as given by the witnesses respect- ively.i L. M., Coroner. I. By section 778 of the New York the Court of Sessions of the county, Code of Criminal Procedure, the or of a city court, having power to testimony of the witnesses examined inquire into the offense by the inter- before the coroner's jury must be re- vention of a grand jury, duced to writing by the coroner, or See People v. White (24 Wend, under his direction, and must be 520, 532); Matter of Ramscar (63 forthwith filed by him, with the in- How. Pr. 255); S. C. (10 Abb. N. C. quisition, in the office of the clerk of 442; 4 N. Y. Cr. R. 126.) 66o Forms Relating to No. 565. Inquisition of coroner's inquest. (N. Y. Code Crim. Proc, § jj-j) State of New York, County of -, Inquisition taken at , on the day of , i , before L. M., one of the coroners of said county, upon view of the body of A. B. (or, person unknown), then and there lying dead (or, wounded), upon the oath of C. D., E. F., etc. (naming each juror), good and lawful men of said county, who being duly summoned and sworn to inquire into all the circumstances attending the death (or, wounding) of the said A. B. (or, person unknown), and by whom the same was pro- duced, and in what manner, and when, where and by what means he came to his death (or, was wounded), do say upon their oaths, aforesaid, that the deceased, A. B. (or, person unknown), came to his death from [a wound in the left lung inflicted by one I. F., with a knife (pistol shot, blow of a club, slung shot, etc.), at, etc., on, etc., which wound was given with the premeditated design of effecting the death of the deceased (or, otherwise describing manner of the death)], and so the said jurors say that the said killing of said de- ceased A. B. (or, person unknown), by the said I. F., was murder (or, manslaughter) in the degree. In witness whereof, as well the said coroner as the jurors aforesaid, have to this inquisition set their hands, on the day of the date hereof.^ L. M., Coroner. E. F., Foreman. G. H., etc., Jurors. I. After inspecting the body, and person killed or wounded is, and hearing the testimony, the jury must when, where, and by what means he render their verdict, and certify by came to his death or was wounded ; their inquisition in writing, signed and if he were killed or wounded, or by them, and setting forth who the his death was occasioned by the act Coroners. 66r of another, by criminal means, who See as to filing itiquisition, section is guilty thereof, in so far as by such 778 of New York Code of Criminal inquisition they have been able to Procedure. ascertain. (N. Y. Code Crim. Proc, It has been customary to affix seals § 777.) See, also, People v. Mon- to the signatures of the coroner and don (103 N. Y. 211, 216) ; People jurors, but the statute does not seem V. Budge (4 Park. Crim. Rep. 519). to require them; No. 566. Coroner's warrant for arrest of party charged. (N. Y. Code Crim. Proc, § 780.) County of , ss.: In the name of the people of the State of New York, to any sheriff, constable, marshal or policeman in this county : An inquisition having been this day found by a coroner's jury before me, stating that A. B. has come to his death by the act of C. D. by criminal means (or, as the case may be), as found by the inquisition [or, information having been this day laid before me that A. B. has been killed or dangerously wounded by C. D. by criminal means (or, as the case may be)], you are hereby commanded forthwith to arrest the above named C. D. and bring him before me, or in case of my absence or inability to act, before the nearest or most accessible coroner in this county. Dated at the (city) of Albany (or, as the case may be), this day of , i .' E. F., Coroner of the county of . I. The above form of warrant is prescribed by section 781 of the New York Code ot Criminal Procedure. No. 567, Undertaking by coroner when designated to act as sheriflf. (Laws of N. Y. of 1892, chap. 686, § 187.) Whereas, a vacancy has occurred in the office of the sheriff of county, and the county judge of said county has pursuant to the provisions of section 187 of article 9 of chap- 662 Forms Relating to ter 686 of the Laws of New York of 1892, known as the county law, designated the undersigned A. M., a coroner of said county, to execute the duties of the office of sheriff of said county, until a sheriff thereof shall be elected (or, ap- pointed) or qualified : Now, therefore, we, the said A. M. and C. P., of , and F. G., of , do hereby jointly and severally undertake, in the sum of dollars, that the said A. M. will, in all things, perform and execute the office of sheriff of said county during his continuance therein, without fraud or deceit.' Dated , i . A. M. C. P. In presence of F. G. J. R. (Acknowledgment, as in form No. 89.) I, M. B., county clerk of county, do hereby pursuant to statute approve of the foregoing undertaking, as to its. form and execution, and as to the sureties therein mentioned. Dated , i -. M. B., County clerk of county. (Annex examination of sureties as required by section i80' of article 9 of chapter 686 of Laws of New York of 1892.) I. See section i86 of chapter 686 of Laws of New York of 1892, as tO' this undertaking. Custody of Minor Child. 663 CHAPTER XVIII. Forms Relating to Custody of Minor Child, (N. Y. R. S., part 2, chap. 8, tit. 2, § i.) No. 568. Petition for writ of habeas corpus by mother to obtain custody of her children. 569. Order of the court that writ of habeas carpus issue to produce minor child. No. 568. Petition for writ of habeas corpus by mother to obtain custody of her children. (N. Y. R. S., part 2, chap. 8, tit. 2, § i.) To the Supreme Court of the State of New York : The petition of M. M. respectfully shows : That she was married to J. M., on the day of , i , at . That she lived with her said husband from the time of said marriage to the — — day of , i , and has since that time lived in a state of separation from him, without being divorced from him. [Here state the facts as the case may require, e. g. : That on that day her said husband left her, taking with him the (two) minor children of said marriage, viz., B. M., aged (12) years and J. M., aged (4) years, and a maid servant (M. P.), who hved with them, and most of the furniture and property in the house. That from that time she has not seen her said husband or directly heard from him. That she is informed and believes that her said hus- band is now living at, etc., with the said maid servant, as his wife, who has had one child by him ; that her two children are living with them, and that they receive much severe and cruel treatment from the said maid servant ; that they are ex- posed to injury from the examples of vice constantly before them. That the said children desire to return to their said 664 Forms Relating to mother.] That your petitioner is exceedingly anxious to have the said children under her care and to provide for their wants, and to furnish them with support and education. That she is able so to provide for them (stating her means of support). That the said J. M. is able pecuniarily to bring the said children into court, should a writ of habeas corpus be issued by the court for that purpose, he being worth at least the sum of dollars. That your petitioner is an inhabitant of the State of New York and resides at the (city) of , in said State. Wherefore, your petitioner prays that a writ of habeas corpus may be issued as provided by statute in such cases, directing that the said children may be brought into this court, and that the matters above mentioned may be examined into, and the care and custody of the said children may be awarded to her, and that your petitioner may have such other or further relief as may be proper. Dated -^-, i . M. M. County, ss.: M. M., being duly sworn, says, that she is the petitioner named in the foregoing petition ; that the said petition is true to her knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters she believes it to be true. M. M. (Jurat, as in form No. 32.) I. The contents of the above peti- (74 N. Y. 299); People v. Chegaray tion are taken substantially Irom The (18 Wend. 637); People v. Humph- People, ^x «/. Mary Manley, V. James reys (24 id. 521); People v. Kling Manley (2 How. Pr. 61). The court (6 Barb. 366); People, ex rel. Allen, held in that case that the motion was v. Allen (105 N. Y. 628); 2 N. Y. R. addressed to the discretion of the S. 149, §1; 7th ed. 2341. court, and that a full disclosure was The application should be made to required of all the facts relating to the court; a judge at chambers has the pecuniary ability of both parents no power to issue the writ in such a before allowing the writ to bring the case, since the repeal of subdivision children into court. 21 of section 16 of the judiciary act See, also, People, ex rel. Nicker- of 1847, by chapter 417 of the Laws son, V. (19 Wend. 16); Rising v. of 1877. (People, ex rel. Hoyle, v. Dodge (2 Duer, 48); Matter of Viele Osborne, 6 Civ. Pro. Rep. [Brown], (44 How. Pr. 14); Matter of Welch 299.) Custody of Minor Child. 665 No. 569. Order of the court that writ of habeas corpus issue to produce minor child. (N. Y. R. S., part 2, chap. 8, tit. 2, § i.) At a Special Term of the Supreme Court, held at the (city hall) in the (city) of , on the day of , i . Present — Hon. F. R., Justice (or, justices). On reading and filing the petition of M. M., dated , I , and on motion of C. F., counsel for M. M., it is hereby ordered : That a writ of habeas corpus issue under the seal of this court, in the form prescribed by statute, to F. M., commanding him to have the body (or,'bodies) of B. M. (and J. M.) before the Supreme Court, at a Special (or. General) Term thereof, to be held at the city of , on the day of , I (or, immediately after the receipt of the writ), to do and receive what shall then be considered on concern- ing the said J. M. (and B. M.).i I. See note i to form No. 568. No. 570. Writ of habeas corpus to bring minor child before the court. (N. Y. R. S., part 2, chap. 8, tit. 2, § i ; N. Y. Code Civ. Proc, § 2021.) The People of the State of New York, on the relation of M. M. to J. M.: We command you that you have the (bodies) of B. M. (and J. M.), minor (children) of J. M. and M. N., by you im- prisoned and detained, as it is said, together with the time and cause of said imprisonment and detention, by whatso- ever (names) the said B. M. and J. M. are called, before the Supreme Court,^ at a Special (or, General) Term thereof, to be held at the (city) of , on the day of , i (or, immediately after the receipt of this writ), to do and re- 84 666 Forms Relating to ceive what shall then be considered concerning the said B. M. and J. M., and have you then there this writ. Witness Hon. W. L. L., one of the justices of said court, at , this day of , in the year i ? [L. S.] A. O., Justice. C.F., Attorney for M. M. (Office address). Indorsed : Allowed this day of , i . A.O., Justice. Debtor and Creditor. (£7 CHAPTER XIX. Forms Relating to Debtor and Creditor. No. 571. A letter of license from creditors to a debtor. 572. Deed of composition of debts. 573. Deed of composition with creditors; another form. No. 571. A letter of license from creditors to a debtor. To all to whom these presents shall come, we who have hereunto on this day of , in the year i , subscribed our names and affixed our seals, creditors of A. B., of, etc., send greeting : Whereas, the said A. B., on the day of the date hereof, is . indebted to us, the several creditors hereunder named, in divers sums of money, which at present he is not able to pay and satisfy without respite and time to be given him for payment thereof : Know ye, therefore, that we the said sev- eral creditors, and each and every of us, at the particular re- quest of the said A. B. have given and granted, and by these our present letters, do give and grant unto the said A. B. full and free liberty, license, power and authority to go about, attend, follow and negotiate any affairs, business, matters or things whatsoever, to or at any place or places whatsoever, without any let, suit, trouble, arrest, attachment, or any other impediment to be offered or done, unto him the said A. B., his wares, goods, money or other effects, whatsoever, by us or any of us, or by the heirs, executors, administrators, part- ners or assigns, of us, or any of us, or by our or any of our means or procurement, to be sought, attempted or procured to be done, for and during months next and immedi- 668 Forms Relating to ately ensuing the day of the date hereof, and further, we the said creditors hereunto subscribed do, and each doth cove- nant and grant, for ourselves, our heirs, executors, adminis- trators and assigns respectively, and not jointly, or one for another, or for the heirs, executors, administrators or assigns of each other, to and with the said A. B., that we, or any of us, our heirs, executors, administrators or assigns, or any of them, shall not, nor will, during the time aforesaid, sue, arrest, attach, or prosecute the said A. B., for, or on account of our respective debts, or any part thereof. And that if any hurt, trouble, wrong, damage or hindrance be done unto the said A. B., either in body, goods or chattels, within the aforesaid term of next ensuing the date hereof, by us, or any of us, the said creditors, or by any person or persons, by or through the procurement or consent of us, or any of us, contrary to the true intent and meaning of these presents, then the said A. B. by virtue hereof shall be discharged and acquitted hereof, against such of us the said creditors, his and their heirs, ex- ecutors, administrators or assigns, by whom and by whose will, means or procurement, he shall be arrested, attached, imprisoned, grieved or damaged, of all manner of actions, suits, dues, debts, charges, sum and sums of money, claims and demands whatsoever, from the beginning of the world to the day of the date hereof. In witness, etc., (as in form No. 572.)* (Signatures and seals.) (Acknowledgment or proof, as in form No. 6, etc.) I. As to the consideration for this which may be rebutted as if the in- agreement : i. A release under seal strument was not sealed. (N. Y. requires no proof of a consideration Code Civ. Proc, § 840.) 2. If this to support it. (Pratt v. Crocker, 16 be deemed an executory release, Johns. 270.) The rule is the same taking effect only in the contingency under the New York Code of Civil of a violation of the instrument, the Procedure, as to all sealed instru- mutual promises to forbear, etc., ments except executory ones exe- would form valid considerations for cuted after the passage of that act, the each other. (Mather v. Perry, 2 seals upon which are only made pre- Denio, 162 ; Williams v. Carrington, sumptive evidence of a consideration, i Hilt. 515.) Debtor and Creditor. 669 No. 572. Deed of composition of debts. To all to whom these presents shall come, we whose names and seals are hereunto subscribed and set, creditors of R. C. and C. R., of , send greeting : Whereas, the said R. C. and C. R. are and do stand jointly indebted unto us, the said creditors, in divers sums of money, which they are willing to satisfy and pay as far as they are able: Now know ye, that we, the said creditors who have hereto subscribed our names, and affixed our seals, finding that the said R. C. and C. R. are by losses and otherwise, disabled to pay our full debts, do severally and respectively agree, and bind ourselves, our heirs, executors and administrators, unto the said R. C. and C. R., their executors or administrators, to receive after the rate of cents on the dollar, in full satisfaction of all such debts and sums of money as they jointly owe to us and every of us respectively, the same to be paid in four equal payments on the days following, that is to say, the day of , in the year i , etc., so as the said R. C. and C. R., for the more sure and better payment of the several sums of money aforesaid, in recompense and satisfaction of our and every of our said several debts as aforesaid their executors or administrators, do before the day of , I , become jointly and severally bound, with sufficient sureties unto us, and every of us respectively, by obligation, in due form of law, to be made, sealed and delivered, to each and every of us, and to each and every of our use and uses, by the appointment of us and .each of us. Provided always, that neither these presents, nor anything herein contained, shall bind us, or any or either of us, who have hereunto subscribed our names and put our seals, un- less all and every of the creditors aforesaid shall have sealed 670 Forms Relating to and executed the same on or before the day of next ensuing.^ In witness whereof, we have hereunto set our hands and seals, the day and year first above written.^ (Signatures and seals.) In presence of E. F. (Acknowledgment or proof, as in forms Nos. 6, etc.) 1. Where a debtor, in the course of compromising his debts by notes made by his brother, was required to and did give to one of his credi- tors, his own note for the balance of the debt, as a condition of such creditor's signing the deed of com- position, the other creditors being ignorant of the transaction, it was held that the note was illegal and void. (Breck v. Cole, 4 Sandf. 79.) See, also, Lawrence v. Clark (36 N. Y. 12S); Higgins v. Mayer (lO How. Pr. 363); Irving V. Humphrey (Hopk. 284); Carroll v. Shields (4 E. D. Smith, 466). 2. See as to consideration for this agreement, note i to last form, No. 571; Williams v. Carrington(i Hilt. 515); Hall V. Merrill (18 How. Pr. 38). A composition deed, though under seal, if executed by one of the part- ners in the firm name, is binding upon the partnership. It is but the compromise of a debt, which one partner may make under seal. (Beach V. AUendorf, i Hilt. 41.) In the case of composition deeds, the debtor must pay at the day ap- pointed; and if he neglects to do so, the original debt is revived. (Pen- niman v. Elliott, 27 Barb. 315.) The acceptance by the attorney of the creditor, of a second instalment, after the creditor had refused to re- ceive a tardy offer of the first instal- ment, is not a waiver of the default unless it is shown that the attorney had authority to waive the default. (Id.) But the subsequent act of the creditor in ratifying such payment to his attorney is a waiver. (Id.) It is not necessary to the validity of such a deed that it should express themutuality of all the signers. One in which the creditors " severally and each for himself agree with " the debtor to release and discharge his debt, on payment of a certain per- centage, must be regarded as a mu- tual agreement among all who sign it, to relinquish a part of their re- spective debts to the debtor, and binding upon them all. (Horstman V. Miller, 35 N. Y. Super. 29.) It is not essential that a compro- mise agreement should be in writing ; each creditor may make a separate parol agreement for the purpose of carrying the compromise into effect, and after the agreement is once made no creditor can withdraw without the consent of the debtor. (Chemical National Bank of N. Y. v. Kuhner, 85 N. Y. 189.) See, also, Strickland v. Harger (16 Hun, 465); Baxter v. Bell (19 id. 367); Durgin v. Ireland (14 N. Y. 3"): Viall V. Dater (14 N. Y. Week. Dig. 572); Bacon v. Claflin (21 id. 200); Almon V. Hamilton (100 N. Y. 527)1 Debtor and Creditor. 671 Coon V. Stoker (2 N. Y. State Rep'r, den (47 Hun, 213); Van Brunt v. 626); Continental National Bank of Van Brunt (3 Edw. 14); Lysaght v. N. Y. V. Koehler (4 id. 482); White Phillips (5 Duer, 106), among other V. Kuntz(i07 N. Y. 518; S. C, i Am. cases relating to such compromises. St. Rep. 886); Zoebisch v. Von Min- No. 573. Deed of composition with creditors. Another form. We, the undersigned creditors of P. C, have respectively received from him and hereby accept the promissory notes of B. C, payable at two, six, nine, and twelve ponths from the day of last, for the sum of cents on the dollar of the amount of our respective debts against said P. C, on compromise thereof, in full release and discharge of our said debts respectively. Witness our hands and seals this day of , i } (Signatures and seals.) In presence of E. F. (Acknowledgment or proof, as in forms Nos. 6, etc.) I. This form is from the case of Breck v. Cole (4 Sandf, 79). See, also, notes to last form. No. 575. Declaration of Trust. See Deeds. 672 Forms of CHAPTER XX. Forms of Deeds. TITLE I. General Forms. No. 574. Conveyance of real estate,- containing covenants of furtiier assur- ance, of quiet enjoyment, against grantor, against incumbrances, of seizin, of right to convey, and of general and special war- ranty, commonly called a full covenant deed. 575. Full covenant deed, containing same covenants as in last fotm; shorter form. 576. Condensed form of covenants of seizin, against incumbrances and of warranty, in deed. 577. Sheriff's certificate on a sale of real estate. 578. Assignment of sherifiF's certificate of sale, under execution, form No. 577. 579. Sheriff's deed on sale under execution. 580. Sheriff's or referee's deed in action for foreclosure of mortgage of real property. 58 £. Deed with covenants, against grantor only. 582. Deed of partition between heirs at law. 583. Same between tenants in common or joint tenants. 584. Deed under chapter 475 of Laws of New York of i8go, § 6, con- taining full covenants. 585. Executor's deed. 586. Declaration of trust. 587. Same, where land is purchased by two or more, for the benefit of themselves and others. 588. A grant of annuity by deed. 589. Deed of gift of lands. 590. Same by a father to his son, of personal property, the son to pay his father's debts, and allow him an annual sum, with clause of re-entry on default, etc. 591. Release of dower by widow indorsed on deed. 592. Sheriff's or referee's deed in action for partition of real property. 593. Deed by special guardian of infant's property, under order of the court. 594. Release by widow of her right of dower in property by form No. 593. 595. Deed by committee of lunatic of lunatic's property. 596. Deed on sale of property of decedent for payment of debts, etc. Deeds. 673 No. 574- Conveyance of real estate containing covenants of further assurance, of quiet enjoyment, against grantor, against in- cumbrances, of seizin, of right to convey, and of general and special warranty, commonly called a fall covenant deed. This indenture, made this day of , in the year I , between [or, Know all men by these presents, that I (or, we)],' A. B., of the (city) of , in the county of , and State of (and M. B., his wife), and C. D., of, etc. (and E. D., his wife), [or, the (name of corporation), a corporation duly organized under the laws of the State of , located and doing business at the (city) of , in the county of in said State] party (or, parties) of the first part, and G. H. of the (city) of , in the county of , and (State) of , and E. F. of, etc., party (or, parties) of the second part, witnesseth : That the said party (or, parties) of the first part for and in consideration of the sum of dollars to him (or, them) in hand duly paid by the said party (or, parties) of the second part, the receipt whereof is hereby confessed and acknowl- edged, has (or, have) bargained and sold, and by these pres- ents does (or, do) grant and convey unto the said party (or, parties) of the second part [and to his (or, their) heirs and assigns forever],^ all that certain lot, piece or parcel (or, all those certain lots, pieces or parcels) of land, situated, lying and being in the (said city) of -, and bounded and de- scribed as follows, to-wit : (here insert description of premises conveyed), with the appurtenances and all the estate, title and interest therein of the said party (or, parties) of the first part [to have and to hold for and during (the natural life of said C. D.; or, name other term less than a fee]^ [subject, however, to (here insert any incumbrance, etc., subject to which the premises are sold)]. [And the said (A. B. and C. D.), party (or, parties) of the first part does (or, do) hereby (jointly and severally) covenant and agree to and with the said party (or, parties) of the second part, his (or, their) heirs and assigns (f) that he, the said A. B. (or, they, the said A. B. and C. D.) and all and every other person 85 674 Forms of or persons lawfully claiming or to claim by, from, or under him or them shall and will, from time to time, and at all times hereafter, upon the reasonable request, and at the cost and charge of the said party of the second part, his heirs and as- signs, make and execute, or cause or procure to be made and executed, all and every such further and other lawful and rea- sonable deed whatsoever, for the further, better, more perfect and absolute assurance and confirmation of the said above granted and described premises, with their appurtenances, unto the said party of the second part, his heirs and assigns as by him or them, or by his or their counsel learned in the law, shall be reasonably advised, devised or required.)'' (And the said A. B. (and C. D) (further) covenants (or, covenant) to and with the said E. F., his heirs and assigns, that he, the said E. F., his heirs and assigns, shall and law- fully may, from time to time, and at all times hereafter, peaceably and quietly have, occupy, possess and enjoy, the said premises hereby granted and conveyed, or intended so to be, with the appurtenances (subject as aforesaid), without the lawful hindrance or molestation of the said A. B. (and C. D.) his (or, their) heirs or assigns, or of any other person or persons whomsoever, by or with his (or, their) act, con- sent, privity, or procurement.)' (And the said A. B. (and C. D.) for himself (or, them- selves), his (or, their) heirs, executors and administrators does (or, do (*) severally and not jointly, nor the one for the other, or for the act or deed of the other, but each for his own acts only), (further) covenant, promise, grant and agree, to and with the said E. F., his heirs and assigns, by these presents, that he (or, they, the said A. B. and C. D., has (or, have) not heretofore done or committed or wittingly or wil- lingly suffered to be done or committed, any act, matter or thing whatever, whereby the said premises hereby granted, or any part thereof (except as aforesaid), are or shall be charged or incumbered, in title, estate or otherwise), (or, from (*) as follows : that the said premises are free and clear of all incumbrances of every nature.)^ (And the said A. B. (and C. D.) (further) covenants (or, covenant) to and with the said E. F., his heirs and assigns, Deeds. 675 that at the time of the ensealing and delivery of these presents, he is (or, they are) the lawful owner (or, owners), and well seized of the premises above conveyed,' and that he has (or, they have) good right and lawful authority to sell and convey the same, and that the said premises thus conveyed, in the quiet and peaceable possession of the said E. F., his heirs and assigns, he (or, they) will forever warrant and defend (subject as above) against any person whomsoever lawfully claiming the- same, or any part thereof (or, against the lawful claims and demands of all persons claiming by, through or un- der the said A. B. (and C. D.), but against none other.)]^ [And for the consideration aforesaid, the said C. B., wife of the said A. B. (or, A. B., husband of the said C. B.), etc., hereby releases unto the said party of the second part, and his heirs and assigns, all right, of and to both dower and homestead (or, all estate by the courtesy) in the above granted premises.]' In witness whereof, the said party (or, parties) of the first part, has (or, have) hereunto set his (or, their) hand and seal (or, hands and seals), (or, has caused this instrument to be signed by E. M., its (president), and its seal to be hereto affixed)^" the day and year first above written (or, on this day of , I ). (Seal of corporation.) A. B. [L. s.]" C. D. [L. s.] (or. The (name of corporation), by E. M., its president.) Sealed and delivered in presence of J.K. (Acknowledgment or proof by grantors, as in form No. 6, etc.) I. Where a conveyance of real es- It seems, the grantee, in n. convey- tate, purporting to be an indenture ance by deed-poll containing a mort- and containing a clause by which the gage assumption clause, upon ac- grantee assumes and agrees to pay ceptance of the deed, becomes bound a mortgage upon the lands conveyed, as covenantor to pay the mortgage, has been accepted by the grantee, it (Id., p. 89, citing Atlantic Dock Co. will, for the purpose of a remedy v. Leavitt, 54 N. Y. 35; S. C, 13 against the grantee, be considered as Am. Rep. 556.) the deed of both parties, and the Where the deed, in form, begins as clause as a covenant. (Bowen v. an indenture,«but purports to be and Beck, 94 N. Y. 86.) is. In fact, the deed of and executed 6;6 Forms of only by the grantor, it has the quality merely of a deed-poll. (Champlain & St. Lawrence Railroad Co. v. Val- entine, 19 Barb. 484.) Recitals in such a deed are evi- dence against the grantee, but work no estoppel. (Id.) And see, further, as to binding ef- fect of covenants on the part of the grantee, contained in a deed-poll, Aikin v. Albany, Vermont & Canada Railroad Co. (26 Barb. 289, 299). 2. Omit the words in brackets, if the conveyance is less than of a fee. 3. Insert this clause where the con- veyance is of less than a fee. 4. The covenant of further assur- ance, as it is called, is much used in English conveyances, but not com- monly in American ones. (Gwynn V. Thomas, 2 Gill & J. 420; Nelson V. Harwood, 3 Call. 394.) It is a covenant that runs with the land, and as a consequence is assigned by a conveyance of the land. (Colby v. Osgood, 29 Barb. 339.) No action can be brought upon|it until a deed has been first presented to the party whose execution of it is desired, and a demand made for its execu- tion. (Miller v. Parsons, 9 Johns. 336.) See, further, as to the construction and effect of this covenant. Warn v. Bickford (7 Price, 550; 9 id. 43); Kingv. Jones (5 Taunt. 418); Innes v. Jackson (16 Ves. 366); Colby v. Osgood (supra); Davenport v. Lamb (13 Wall. 418). 5. See as to the nature and effect of this covenant, called the covenant of quiet enjoyment, Fowler v. Poling (6 Barb. 170); Connor v. Bernheimer (6 Dal}', 295); Rea y. Minkler (5 Lans. 199); Whitbeck v. Cook (15 Johns. 483; S. C, 8 Am. Dec. 272); Greenvault v. Davis (4 Hill, 645); Cowdrey V. Coit(44N.'y. 382; S. C, 4 Am. Rep. 6go); Home Ins. Co. v. Sherman (46 N. Y. 370); Adams v.. Conover (22 Hun, 424; aff'd, S. C, 87 N. Y. 422); Shattuck v. Lamb (65 id. 499; S. C, 22 Am. Rep. 690); Stone V. Hooker (9 Cow. 157); Sedg- wick V. HoUenbeck (7 Johns. 376); Doupe V. Genin (37 How. Pr. 5; S. C., I Sweeny, 25); Mayor, etc., v. Mabie (13 N. Y. 156); Kelley v. Dutch Church (2 Hill, 165); Scriver v. Smith (too N. Y. 471, aff-g S. C, 30 Hun, 129); Mead v. Stackpole (40 Hun, 473); Green v. Collins (86 N. Y. 346, rev'g S. C, 20 Hun, 474); Bridge v. Pierson (66 Barb. 514). In the case of a breach of this covenant the measure of damages generally adopted is the considera- tion money with interest and costs. Staats v. Ten Eyck (3 Caines, iii); Mack v. Patchin (42 N. Y. 167; S. C, I Am. Rep. 506); McGary v. Hast- ings (39 Cal. 360; S. C, 2 Am. Rep. 456. 6. As to the effect of this covenant, called the covenant against incum- brances, and as to what are to be deemed incumbrances, see Roberts v. Levy (3 Abb. Pr. [N. S.] 311); Floyd V. Clark (7 Abb. N. C. 136); Walter V. Walter (3 id. 12); Pease v. Christ (31 N. Y. 141); Dowdney v. Mayor, etc. (54 id. 186); Ramsey v. Wandell (32 Hun, 482);- Andrews v. Appal (22 id. 429); Harper v. Dowdney (47 id. 227); DePeyster v. Murphy (66 N. Y. 622, rev'g S. C, 39 Super. Ct. 255); Reading v. Gray (37 Super. Ct. 79); Barlow v. St. Nicholas Ho- tel Co. (63 N. Y. 399; S. C, 20 Am. Rep. 547); Anonymous (2 Abb. N. C. 56); Farley v. Farrell (51 How. 497); Mohr V. Parmelee (43 Super. Ct. 320); Merrill v. Clark (20 Week. Dig. 204); Huyck V. Andrews (39 Alb. L. Jour. 370), among other cases. The form of covenant against in- Deeds. 6;; cumbrances, first given above, is called the covenant against the grantor, and the one secondly given is a covenant generally against all incumbrances. It is brolcen at the instant it is made, if at all, and is held by some authorities, therefore, not to run .vfith the land, and the right of action for a breach of it not to pass to the assignee of the covenantee. (Bethell v.Bethell, 54 Ind. 428; S. C, 23 Am. Rep. 650; Richard v. Bent, 59 111. 38; S. C. ,14 Am. Rep. I ; Fuller v. Gillett, 2 Fed. Rep. 30; 9 Biss. 296; g Repr. 367.) In Vermont, however, it is held that this covenant runs with the land. (Cole v. Kimball, 52 Vt. 639.) And in Roberts v. Levy (3 Abb. Pr. [N. S.] 311), it is said that "the transfer of the land, the principal thing, should be held to imply in equity an assignirtent of all remedies under the covenant. That the broken covenant does not run with the land, and pass to the assignee, but that the action maybe brought in the name of the covenantees for the benefit of the grantee, raises only a technical scruple which is disposed of by the Code of Procedure (§ in; Code Civ. Proc, § 1909), which enacts that all actions must be brought in the name of the real party in interest." See, also, Andrews v. Appel (22 Hun, 429), and the cases cited on page 433, id. ; Coleman v. Bresnahan (54 Hun, 619); but see Mygatt v. Coe (124 N. Y. 212, 218, rev'g S. C, 44 Hun, 31). For a breach of the covenant against incumbrances, only the amount actually paid to relieve the premises therefrom can be recovered, and in no event can the recovery ex- ceed the amount of the consideration for which the deed .was given. (An- drews v. Appel, supra.') 7. The covenant of seizin is broken, if at all, at the time of the conveyance, and cannot, therefore, be taken advantage of by an heir, or an assignee, and the same rule ap- plies to the covenant for right to convey. (Hamilton v. Wilson, 4 Johns. 72; Dusenbury v. Callaghan, 8 Hun, 541; Chapman v. Holmes, 5 Halst. 20; Mott V. Palmer, i N. Y. 564; Bingham v. Weiderwax, i N. Y. 509; Swazeyv. Brooks, 30 Vt. 692; Mygatt V. Coe, 124 id. 212, rev'g S. C, 44 Hun, 31.) The covenants of seizin and of the right to convey are said by some au- thorities to be synonymous, and to have the same legal eiiect. (Rickert V. Snyder, 9 Wend. 421; Raymond V. Raymond, 10 Cush. 140; Marston V. Hobbs, 2 Mass. 437; Brandt v. Foster, 5 Iowa, 294); but see Richard- son V. Dorr (5 Vt. 21). The measure of damages for breach of either of these covenants is the consideration money and interest. (Stubbs V. Page, 2 Me. 27S; Leland v. Stone, 10 Mass. 449; Mitchell v. Hazen, 4 Conn. 495; Dale v. Shively, 8 Kans. 276; Nutting v. Herbert, 35 N. H. 120; Lacey v. Marnan, 37 Ind. 168; Phipps V. Tarpley, 31 Mo. 433; Coe V. Strode, 2 Bibb, 279; Blake v. Burnhara, 29 Vt. 437; Park v. Check, 4 Cold. 20.) 8. By the covenant of general war- ranty, the grantor undertakes that on failure of the title purported to be conveyed by the deed, either for the whole estate or for a part only, he will make compensation in money for the loss sustained by such failure. (King V. Kerr, 5 Ohio, 154; S. C, 22 Am. Rep. 777; Mitchell v. Warner, 5 Conn. 517.) The measure of dam- ages for a breach of that covenant is, generally speaking, the amount of the consideration money and interest 678 Forms of for not exceeding six years, and costs of the suit brought for eviction, in- cluding reasonable fees of counsel as well as those which are taxable.- (Staats V. Ten Eyck, 3 Caines, in; S. C, 2 Am. Dec. 254; Mack v. Patchin, 42 N. Y. 167; S. C, i Am. Rep. 506; McGary v. Hastings, 39 Cal. 360; S. C, 2 Am. Rep 456; Fos- ter v. Thompson, 31 N. H. 379; Wade V. Corastock, II Ohio St. 82; Dick- son V. Desire, 23 Mo. 166; Crisfield V. Storr, 36 Md. 150.) Upon a par- tial eviction the plaintiff is entitled to recover such proportion of the amount which he would have been entitled to recover upon the failure of title to, or eviction from posses- sion of the whole tract conveyed, as the value of that portion of the prop- erty as to which the title failed, bore to the value of the whole of it. (Adams v. Conover, 22 Hun, 424; aff'd, S. C!, 87 N. Y. 422.) In some of the States it has been held that damages for breach of the covenant should be ascertained by the value of the land at the time of the eviction. (Horsford v. Wright, Kirby, 3; S. C, I Am. Dec. 8; Smith v. Sprague, 40 Vt. 43; Hardy v. Nelson, 27 Me. 525; Wyman v. Ballard, 12 Mass. 304; Coleman v. Ballard, 13 La. Ann. 512; Smith V. Strong, 14 Pick. 128.) In Staats V. Ten Eyck, supra, the case of Horsford v. Wright, supra, is consid- ered, and this doctrine disapproved. Mesne profits recovered by the grantee should be deducted from the interest. (Combs v. Tarlton, 2 Dana, 467; Young V. Devine, 12 N. Y. Week. Dig. 18; Foster v. Thompson, 41 N. H. 373; Burton v. Reeds, 20 Ind. gi.) See, also, Winslow V. Mc- Call (32 Barb. 241). See, further, as to the nature and effect of a general covenant of war- ranty, Day V. Chism (10 Wheat. 452); Greenvault v. Davis (4 Hill, 645); Shattuck V. Lamb (65 N. Y. 499; S. C, 22 Am. Rep. 690); Scriver v. Smith (100 N. Y. 471, aff 'g S. C, 30 Hun, 129); Blydenburgh v. Cotheal(i Duer, 176), and the cases cited in note to Horsford v. Wright (i Am. Dec. 8). A covenant of warranty, and of quiet enjoyment, or against incum- brances in a deed is not broken by a mere trespass, not amounting to an eviction, committed without claim of right on the part of the trespasser, (Horton v. Bauer, 129 N. Y. 148.) 9. The words in brackets are nec- essary under the Massachusetts stat- ute to bar the wife's right of dower, or the husband's estate by the cour- tesy and the wife's right of homestead in property conveyed. (P. S., chap. 124, § 6; II Gray, 332.) 10. Where the common seal of a corporation appears to be affixed to an instrument, and the signature theret of the proper officer is proved, the seal is prima facie evidence that it was affixed by proper authority. (Trustees Canandarqua Academy v. McKechnie, 90 N. Y. 619.) 11. In regard to sealing it maybe said in general, that a deed with an impression of a seal for each grantor, opposite his or her signature, will comply with the requirements of law in every State and Territory of the United States. In some of them no seal is required; in others a scroll answers the purpose of a seal, except in the case of a corporation which must always execute under seal. See, also. Town of Solon v. Wil- liamsburgh Savings Bank (39 Alb. L. Jour. 471, N. Y. Court of Ap- peals, 1889; S. C, 114 N. Y. 122), as to what constitutes a seal in New York State. Deeds. 679 No. 575- I'ull covenant deed, containing covenants same as last form. Shorter form. Know all men by these presents:^ That we, J. D. and M- D., his wife, of the (town) of , in the county of , and State of (New York), for and in consideration of the sum of dollars, to us in hand paid, have granted, bargained, sold, and by these presents do grant, bargain, sell and convey, unto J. S., of (the same place), all that certain piece or par- cel of land, situate in the (said town) of , and described as follows (or, which, in a deed of conveyance made by R. F. to the said J. D., dated the day of , in the year I , was described as follows): All, etc. (here -insert de- scription), with the appurtenances, and all the right, title, in- terest, claim and demand of us, or either of us, in the premi- ses ; to have and to hold the same, with the appurtenances, unto the said J. S. and his heirs (in fee simple, forever).^ And I, the said J. D., for myself and my heirs, do hereby covenant and agree, to and with the said J. S., and his heirs and assigns, that I am now the owner of the said premises, and am seized of a good and indefeasible estate of inheri- tance therein,' and that I have full right and power to sell and convey the same, in fee simple absolute ;* that the said premises are free and clear of all incumbrances ;^ that the said J. S., his heirs and assigns, may forever hereafter have, hold, possess and enjoy the same, without any suit, molesta- tion or interruption, by any person whomsoever, lawfully claiming any right therein f and that I, the said J. D., and all persons hereafter claiming under me, will, at any time hereafter, at the request and expense of the said J. S., his heirs or assigns, make all such further assurances, for the more effectual conveying of the said premises, with the appurtenances, as may be reasonably required, by him or them ;' and that I, the said J. D., and my heirs, will warrant 68o Forms of and defend the said premises, with the appurtenances, unto the said J. S. (his heirs and assigns), forever.* In testimony whereof, we have hereto set our hands and seals, this day of , in the year i . J. D. [L.S.P Sealed and delivered in presence of M. D. [l. s.] E. P. (Acknowledgment or proof, as in forms Nos. 6, etc.) 1. See note i to last form, No. 574, 4. See note? to last form, No. 574. as to deeds-poll and indentures. 5. See note 6 to last form, No. 574. 2. See note 2 to last form. No. 574, 6. See note 5 to last form. No. 574. and the clause to which that note ap- 7. See note 4 to last form, No. 574. plies. For subject clause, see same 8. See note 8 to last form, No. 574. form. 9. See note 11 to last form, No. 3. See note 7 to last form. No. 574. 574. No. 576. Condensed, form of covenants of seizin, against incumbrances and warranty, in deed. As in form No. 574, to (f) and from thence as follows: That at the time of the ensealing and delivery of these presents, he is (or, they are) the lawful owner (or, owners) and well seized of the premises above conveyed free and clear from all incumbrances, of every name and nature, legal or equitable, and that the premises thus conveyed, in the quiet and peaceable possession of the said party of the second part, his heirs and assigns, he (or, they) will forever warrant and defend, against any person whomsoever lawfully claim- ing the same, or any part thereof. In witness, etc. (as in last above form to end). ' ' ^ '' (Signatures and seals as above.) (Acknowledgment or proof, as in forms Nos. 6, etc.) I. See notes to form No. 574, as to nature and efTect of these covenants. No. 577. Sheriff's certificate on a sale of real estate. (N. Y. Code Civ. Proc, § 1438.) (Title of cause.) I, M. N., sheriff of the county of , do certify, that by virtue of an execution in the above entitled action, to me Deeds. 68 i issued and delivered, by which I was commanded to satisfy a judgment rendered in the above entitled action, in favor of the said A. B. and against the said C. D., on the day of , I , for dollars and cents, and upon which was actually due the sum of dollars and cents, with interest thereupon from the day of , I , out of the personal property of the said C. D., and if sufficient personal property could not be found, then out of the real property in the said county of belonging to the said C. D., on the day of , i , the day on which the said judgment was docketed in the said county, or at any time thereafter, I have this day sold at public auction, according to the statute in such case made and provided, having previously given public notice of the time and place of sale of the same, according to law, (*) to G. H., who was the highest bidder, for the sum of dollars, which was paid by him therefor, and was the whole consideration money paid, all the right, title and interest of the said C. D., on the day of , I , or at any time thereafter, of, in and to the real estate described in the annexed notice [or, in and to the real estate described as follows (insert description)]. Given under my hand, the day of — — , i } M. N., Sheriff of the county of . (Acknowledgment, as in form No. 89.) If the sale was made in parcels, proceed as in above form to the (*), and from thence as follows : All the ^right, title and interest of the said C. D., on the day of , i , or at any time thereafter, of, in and to the real estate de- scribed in the annexed notice [or, in and to the real estate described as follows (insert description)], the whole considera- tion paid therefor being, the sum of dollars. That said sale was made in parcels as follows : The parcel described as follows (insert description) to E. F., the price hid by him therefor bejng the sum of dollars. 86 682 Forms of The parcel described, etc., to G. H., the price, etc. (and sa on in regard to each parcel sold). Given, etc. (as above to end).^ (Signature as above.) 1. A failure of the sheriff to de- liver the certificate does not author- ize an order vacating the sale. (O'Brien v. Hashagen, 20 Hun, 564.) 2. Section 1438 of the New York Code of Civil Procedure, under which this form is prepared, pro- vides as follows : § 1438. The sheriif, who sells real property, by virtue of an execu- tion, must make out, subscribe, and acknowledge before an officer author- ized to take the acknowledgment of a deed, duplicate certificates of the sale, containing : I. The name of each purchaser, and the time when the sale was made. ■^. A particular description of the property sold. 3. The price bid for each distinct parcel separately sold. No. Assignment of sheriff's certificate of sale under execution, form No. 577. (N. Y. Code Civ. Proc, § 1474.) Know all men by these presents, that I, A. B., of, etc.,. named and described in the within (or, annexed) certificate, in consideration of the sum of dollars, to me in hand paid by C. D., of, etc., have sold, assigned, transferred, and set over, and by these presents do sell, assign, transfer and set over to the said C. D., the within (or, annexed) certificate, together with all the right, title, claim or interest, which I have, or can have therein, or to the land therein described by virtue thereof. In witness whereof, I, etc. (as in form No. 30).' A. B. [L. S.] Sealed and delivered in the presence of E. F. (Certificate of acknowledgment or proof, as in form No. 89.) I. Section 1474 of the New York which the above form is prepared, Code of Civil Procedure, under provides as follows: 4. The whole consideration money paid. Section 1439, id., further provides as follows: § 1439. The sheriif must, within ten days after the sale, file one of the duplicate certificates, in the office of the clerk of the county, and deliver another to the purchaser. If there are two or more purchasers, a cer- tificate must be delivered to each. The clerk must immediately record the certificate in a book, kept by him for that purpose, and must index the record, to the name of the judgment debtor. His fees for so doing must be paid by the sheriff, as part of the expenses of the sale. See O'Brien v. Hashagen, cited in note I to this form. 578. Deeds. 683 § 1474. Before an assignee, or his fied, in like manner as a deed to be executor or administrator, is entitled recorded in the county where the to a deed, as prescribed in the last property is situated, and must be two sections, each assignment, under filed in the office of the clerk of that which the deed is claimed, must be county, acknowledged or proved, and certi- No. 579. Sheriff's deed on sale under execution. (N. Y. Code Civ. Proc, § 1471.) This indenture, made this day of •, i , between M. N., sheriff [or, late sheriff] of the county of , of the first part, and I. J., of , of the second part.^ Whereas, by virtue of a certain execution directed and de- livered to the said sheriff, commanding him to satisfy a judg- ment rendered by the Supreme Court in the action, in the said writ mentioned, in favor of A. B. and against C. D., on the day of , i , out of the personal property of the said C. D., and if sufificient personal property could not be found then out of the real property in the said county of belonging to the said C. D., on the day of , I , the day on which the said judgment was docketed in the said county, or at any time thereafter, the said [late] sheriff did, in obedience to the command of said execution, levy on and seize all the estate, right, title and interest which the said C. D. so had, of, in and to the premises hereinafter de- scribed, and on the day of , i , sold the said premises at public auction at , in the city [or, town] of , in the county of , having previously given due public notice of the time and place of such sale accord- ing to law [by causing a notice thereof to be published in a newspaper published in said county once in each of the six weeks immediately preceding said sale, and by conspicuously fastening up, at least forty-two days before the said day, in three public places in the said town [or, city] where the said sale was to take place, and also in three public places in the town [or, city] where said property is situated, a printed no- tice thereof i]^ and whereas, at such sale, the said premises 684 Forms of were struck off to said I. J. [or, to E. F.] for the sum of dollars, he being the highest bidder therefor, and that being the highest sum bidden for the same; (and whereas the sheriff's certificate of said sale has been duly assigned by said E. F. to the said I. J., together with all rights arising there- under by assignment duly acknowledged and certified and filed with the county clerk of county on the day of I ); and whereas, the said premises, after the ex- piration of fifteen months from the time of said sale, re- mained unredeemed [or, and whereas, the said premises, after the expiration of one year from the time of said sale, re- mained unredeemed by any person entitled to make such redemption within that time ; and whereas, the said I. J., a creditor of the said C. D., having in his own name (or, as as- signee, or, as executor, etc.) a judgment against the said C. D., rendered before the expiration of fifteen months from the time of said sale (or, having a mortgage duly recorded), which was a lien upon the said premises sold, has redeemed the said premises within the time and in the manner and form prescribed by the statute in such case made and provided, and more than twenty-four hours having elapsed since the time of the said redemption, and no other creditor of the said C. D. has redeemed from the said I. J.]: Now, this indenture witnesseth, that the said party of the first part, by virtue of the said writ and in pursuance of the statute in such case made and provided, and in consideration of the sum of money so bidden, as aforesaid, to him duly paid, hath sold, and by these presents doth grant and con- vey, unto the said party of the second part, all the estate, right, title and interest which the said C. D. had on the day of , I , or at any time thereafter, of, in and to all [describing premises sold]: To have and to hold the said above mentioned and de- scribed premises unto the said party of the second part, his heirs and assigns, forever, as fully and as absolutely as the said party of the first part as [late sheriff], as aforesaid, can convey by virtue of the said writ and the laws relating thereto. Deeds. 685 In witness whereof, the said [late sheriff] has set his hand and seal hereto, the day and year first above written.^ M. N. [L.S.] Signed, sealed and delivered ) [late] sheriff, in the presence of ) [By A. H., Deputy.] M. N ' (Certificate of acknowledgment or proof, as in form No. 89.)- J. See sections 1472, 1473, 1474 of the New York Code of Civil Pro- cedure, as to whom the deed is to be executed to. Section 1471 of that Code under which this form is prepared, as amended by chapter 637, p. 915 of Laws of 1886, provides as follows: § 1471. Immediately after the ex- piration of fifteen months from the time of sale, except where a redemp- tion has been made on the last day of the fifteen months, and, in that case, immediately after the expiration of twenty-four hours from the last re- demption, the sheriff who made the sale must execute the proper deed or deeds, in order to convey to the per- son or persons entitled thereto, the part or 1 parts of the property sold, which have not been redeemed by the judgment debtor, his heir, devisee or assignee. The deed conveys to the grantee therein the right, title and interest which was sold by the sheriff. After the same shall have been re- corded for twenty years in the county where the real estate is situated, it shall be presumptive evidence of the facts therein stated. The amendment of 1886 was by adding the words in last paragraph. Section 1472, id., provides as fol- lows: where the certificate of sale has been assigned, in which case it must be conveyed to the last assignee. Any part or parts of the property sold, which have been redeemed by a creditor, must be conveyed by the sheriff to the last redeeming creditor, except where he has assigned the cer- tificate of redemption, or has exe- cuted any other assignment of his right, title and interest in the prop- erty redeemed by him; in which case it must be conveyed to the last as- signee. And see section 1473, id., as to the cases in which the conveyance must be made to the executor or adminis- trator of the person entitled to a deed, and as to the effect of such convey- ance. It is provided by section 1470, id.,, that the certificate of redemption given, pursuant to statute (§ 1469, id.), upon the redemption of lands sold under execution may be ac- knowledged, or proved and certified, in like manner as a deed to be re- corded in the county where the prop- erty is situated, and that the record- ing thereof, in the office of the clerk or register of that county, in th& book for recording deeds, has the same effect, as against subsequent purchasers and incumbrancers, as § 1472. If any part of the property the recording of a conveyance, remains unredeemed by a creditor, 2. These words of recital in brack- it must be conveyed by the sheriff to ets may be and usually are omitted, the purchaser upon the sale, except in a sheriff's deed. 686 Forms of No. 580. Sheriffs or referee's deed in action for foreclosure of mort- gage of real property. (N. Y. Code Civ. Proc, § 1632.) This indenture, made the day of , i , be- tween J. R., of , sheriff of county [or, referee in the action hereinafter mentioned], of the first part, and B. J., of , of the second part. Whereas, at a Term of the Court, held at , on the day of , i , it was, among other things, ordered, adjudged and decreed by the said court, in a certain action then pending in the said court, between [name the plaintiffs] plaintiffs and [name the defendants] defendants, that all and singular the mortgaged premises mentioned in the complaint in said action, and in said judgment described, or such part thereof as might be sufficient to discharge the mortgage debt in said action, the expenses of the sale and the costs of the action, as provided by sections 1626 and 1676 of the Code of Civil Procedure, and which might be sold separately without material injury to the parties inter- ested, be sold at public auct'ion, according to law and the course and practice of said court, by or under the direction of the said sheriff of county [or, by said J. R., who was appointed a referee in said action, and to whom it was re- ferred 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 said mortgaged premises, or the greater part thereof, are situated ; that the said sheriff [or, said referee] give public notice of the time and place of such sale, according to law and the practice of said court, and that the plaintiff, or any other party in said action, might become a purchaser on such sale ; and that the said sheriff [or, referee] execute to the purchaser or purchasers a deed or deed of the premises sold ; and. Whereas, the said sheriff [or, referee], in pursuance of the order and judgment of the said court, did, on the day of , I , sell at public auction, at [state place and time of sale], the premises in the said judgment mentioned, due notice of the time and place of such sale being first Deeds. 687 given, agreeably to the said judgment, at which sale the premises hereinafter described were struck off to the said party of the second part for the sum of dollars, that be- ing the highest sum bidden for the same : Now, this indenture witnesseth, that the said sheriff [or, referee], the party of the first part to these presents, in or- der to carry into effect the sale so made by him as aforesaid, in pursuance of the judgment of the said court, and in con- formity 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 [insert description of property from judgment (or of portion conveyed)], to have and to hold, all and sin- gular, 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, benefit and behoof, forever. In witness whereof, the said party of the first part, sheriff [or, referee] as aforesaid, hath hereunto set his hand and seal, the day and year first above written.' J. R. Sheriff [or. Referee]. [L. S.] Sealed and delivered in presence of (Acknowledgment or proof, as in form No. 89.) I. An order requiring the referee, the Code of Civil Procedure of the appointed to sell by a judgment in State of New York are as follows : a foreclosure case, to convey by " a § 1632. A conveyance upon a sale, valid and sufficient deed," requires made pursuant to a final judgment, a deed sufficient in form and terms in an action to foreclose a mortgage to make the title obtained by it as upon real property, vests in the pur- valid Jo the purchaser as it is in the chaser the same estate, only, that power of the referee officially to make would have vested in the mortgagee, it. (Easton v. Pickersgill, 55 N. Y. if the equity of redemption had been 310.) And see that case generally foreclosed. Such a conveyance is as to the powers and duties of the as valid, as if it was executed by the referee or sheriff. mortgagor and mortgagee, and is an The provisions of section 1632 of entire bar against each of them, and 688 Forms of against each party to the action who filing of the notice of the pendency- was duly summoned, and every per- of the action, as prescribed in the son claiming from, through, or under last section. See, also, section 1242, a party, by title accruing after the id. No. 581. Deed with covenants against grantor only. This indenture, made this day of , i , between A. B., of the (city) of , in the county of , and State of (and C. B., his wife), party (or, parties) of the first part, and C. D., of, etc., of the second part, witnesseth : That the said party (or, parties) of the first part, for and in considera- tion of the sum of dollars, to him (or, them) in hand paid, the receipt whereof is hereby acknowledged, hath (or, have) granted, bargained, sold, released, conveyed and confirmed,, and by these presents doth (or, do) grant, bargain, sell, release,, convey and confirm, unto the said C. D., and to (his heirs and assigns forever),^ all, etc. (describing property conveyed). Together with all and singular, the hereditaments and ap- purtenances whatsoever, to the same belonging or appertain- ing, and the reversion and reversions, remainder and remain- ders, rents, issues and profits thereof, and every part and parcel thereof, and also all the estate, right, title, interest, trust, prop- erty, claim and demand whatsoever, both at law and in equity, of the said party (or, parties) of the first part in, to or out of the said lands, tenements and hereditaments, and premises.. To have and to hold the said lands, tenements and here- ditaments, and all and singular other the premises herein- before mentioned, with their appurtenances, unto the said party of the second part (his heirs and assigns), and to his and their only proper use and behoof. And the said A. B. doth hereby, for himself, his heirs,, executors and administrators covenant, promise and agree, to and with the said C. D., his heirs, executors, administra- tors and assigns, in manner and form following, that is to say : That the said party of the second part, his heirs and assigns, shall and may peaceably and quietly have, hold and enjoy the said lands, tenements, hereditaments and premises, and every part and parcel thereof, without the let, suit, trouble, eviction or disturbance, of the said A. B., his heirs Deeds. 689 or assigns, or of, or by any other person or persons lawfully claiming or to claim from, by or under, or in trust for him, them or any of them. And that the said lands, tenements, hereditaments and premises, and every part and parcel thereof, now are, and from henceforth shall continue, remain and be unto the said C. D. (his heirs and assigns), free and clear, and freely and clearly acquitted, exonerated and discharged, of, from and against all former and other gifts, grants, bargains, sales, mortgages, estates, titles, troubles, charges, and incum- brances whatsoever, had, done, committed, occasioned or suffered by the said A. B., or by any person lawfully claim- ing or to claim, by, from or under him, or by his, their, or any of their act, means, assent, or procurement. And the said A. B. and his heirs, all and singular the aforesaid lands, tenements, hereditaments and premises, and every part and parcel thereof, unto the said C. D. (his heirs and assigns) against him, the said A. B., his heirs and assigns, shall and will warrant and forever defend by these presents. In witness, etc. (as in form No. 574).^ A. B. [L. s.] Sealed and delivered in presence of C. D, [L. S.] E. F. (Acknowledgment or proof, as in forms Nos. 6, etc.) I. As to conveyance of less than 2. See generally as to conveyance, a fee, see form No. 574. notes to form No. 574. No. 582. Deed of partition between heirs at law. This indenture, made the day of , in the year I , between A. B.^ of, etc., and C. B., his wife, one of the daughters and heirs of D. E., late of, etc., of the first part, and F. G., widow, sister of the said C. B., another of the daughters and heirs of the said D. E., of the second part, witnesseth : That it is covenanted, granted and agreed be- tween the parties, for the partition to be had, and made of the inheritance of the lands, tenements and heredita- ments, which descended to the said C. B. and F, G., in 87 690 Forms of coparcenary^ (or, as tenants in common ; or, as joint tenants), by and after the death of their father, the said D. E., in manner and form following: First. It is covenanted and granted between the said parties, and the said F. G. doth grant by these presents, that the said C. B. shall have for her part and property (or, portion) of the said lands, tene- ments and hereditaments, all, etc. (describing the share), which the said C. B. shall have and enjoy, to her and her heirs, in full recompense and allowance, of and for her part and purparty (or, portion) that to her belongeth, or ought to be- long, of all the said lands, tenements and hereditaments, by and after the decease of the said D. E., as one of his daugh-. ters and heirs. Second. It is in like manner covenanted and granted, between the said parties, and the said A. B. and C. B., his wife, do grant by these presents, that the said F. G. shall have for her part and purparty (or, portion) of the aforesaid lands, tenements and hereditaments, all, etc. (describing the share) which the said F. G. shall have and enjoy to her and her heirs, in, etc. (as before).' A. B. [L. s.] C. B. [L. s.] F. G. [L. S.] (Certificate of acknowledgment or proof, as in forms Nqs. 6, etc.) 1. It is not necessary, however, more daughters or other female that the husband should join in the representatives in a remoter degree, conveyance by the wife of her sepa- In this case they all inherited equally rate property situated in New York as co-heirs in the same degree, or in State, and acquired subsequently to unequal proportions, as co-heirs in the acts chapter 200of 1848, and chap- different degrees. (4 Kent's Com., ter 375 of 1849. (Hatfield v. Sneden, 366; Litt., g§ 241, 242.) Partition 54 N, Y. 280, 287, and cases there was confined to them, at common cited; Burke v. Valentine, 52 Barb. law. (Coleman v. Coleman, 19 Penn. 412; afFdby Court of Appeals, 6 Alb. St. 100.) By the New York Revised L. Jour. 167; Beamish v. Hoj't, 2 Statutes (vol. i, 753, § 17; 7th ed., Robt. 307; Mack v. Roch, 21 Week. 2213), persons who take by descent Dig. 488, and cases there cited.) under the statute, if there be more 2. An estate in coparcenary always than one person entitled, take as arises from descent. At common tenants in common, in proportion to law it took place when a man died their respective rights; and it is only seized of an estate of inheritance, in very remote cases, which can and left no male issue, but two or scarcely ever arise, that the rules of Deeds. 691 the common law doctrine of descent In Virginia the statute of descents can apply. As estates descend in calls all the heirs, male as well as every State equally to all the children, female, parceners. (Id., note b.) no substantial difference is left be- See, also, i Washb. Real Prop. 415; tween coparceners and tenants in com- Malcolm v. Rogers (5 Cow. 188; S. men. The title inherited by more per- C, 15 Am. Dec. 464); HoSar v. De- sons than one is in some of the States ment (5 Gill, 132); Coles v. Wood- expressly declared to be tenancy ing (2 Pat. & H. 197); Campbell v. in common, as in New York and Wallace (12 N. H. 362); Stevenson New Jersey; and where it is not so v. CofFerin (20 id. 150). declared, the efifect is the same, and 3. See, generally, as to convey- the technical distinction between co- ances, note i to form No. 574. The parcenary and estates in common partition may also be made by mutual may be considered as essentially releases between the parties seized extinguished in the United States, in common, with or without recitals. <(4 Kent's Comm. 367.) No. 583. Deed of |)artitioii between tenants in common or joint tenants. This indenture, made, etc., between A. B., of, etc. (and C. B., his wife), of the one part, and C. D., of, etc. (and F. D., his wife) of the other part, witnesseth : That, whereas, the said A. B. and C. D. have and hold in common, and as ten- ants in common (or, as joint tenants) (in equal parts), all, etc. (describing property). It is covenanted, granted, con- cluded and agfeed, by and between the said parties, and each of them covenants, grants, concludes and agrees for himself land herself), his (and her) heirs and assigns, that a partition be made of the said lands and other premises, in manner and iorm following, that is to say : First. The said A. B. shall from henceforth have, hold, possess and enjoy in severalty, by himself, and to him and his heirs and assigns, for his (half) part, purparty, share and proportion of the said lands and premises, all, etc. (describ- ing such share), together with all and singular, the heredita- ments and appurtenances thereunto belonging, and the re- version and reversions, remainder and remainders, rents, is- sues and profits thereof [subject, etc. (describe any incum- brance, etc., subject to which the premises are conveyed)]. And the said C. D. (and F. D.), doth (or, do) accordingly give, grant, release and confirm unto the said A. B., his heirs 692 Forms of and assigns, the lands and premises so as aforesaid set apart to the said A. B., as and for his part and share aforesaid ; and, moreover, the said C. D., for himself, his heirs, executors, and administrators, doth hereby covenant to and with the said A. B., his heirs and assigns, that he, the said A. B., his heirs and assigns, shall and may from time to time, and at all times hereafter, well and peaceably have, hold, possess and enjoy the lands and premises hereinbefore assigned and conveyed to the said A. B., for his part and share as afore- said, free, clear and discharged of and from all estates, rights,, titles, interests, charges and incumbrances whatsoever, had,, made, caused or suffered to be made, caused or suffered, of or by the said C. D., or any person claiming, or to claim, by^ from or under him (except as aforesaid), and without any let, trouble, suit, entry, disturbance or interruption of the said C. D., his heirs or assigns,^ or of any person or persons,, lawfully claiming, or to claim, by, from, or under him, them or any of them (except under the aforesaid ). Second. The said C. D. shall from henceforth have, hold, possess and enjoy in severalty, by himself, etc. (proceed to^ set off his share as above, and add the covenants). In witness, etc. (as inform No. 574).' A. B. [L. S.] C. B. [L. S.1 CD. [L. S.] F.D. [L. S.] Sealed and delivered in presence of E. F. (Certificate of acknowledgment or of proof, as in forms Nos. 6, etc.) I. See the notes to last form, No. 582, and the notes therein referred to. No. 584. Deed with full covenants. (Laws of N. Y. of 1890, chap. 475, § 6.) This indenture, made the day of , in theyear hundred and , between A. B., of (insert occupation and residence), of the first part, and C. D., of (in- Deeds. 693 sert occupation and residence), of the second part, wit- nesseth: That the said party of the first part, in con- sideration of dollars, lawful money of the United States, paid by the party of the second part, doth hereby grant and release unto the said party of the second part, his heirs and assigns, forever (description), together with the appurtenances and all the estate and rights of the party of the first part in and to said premises. To Have and to Hold the above granted premises unto the said party of the second part, bis heirs and assigns, for- ever. And the said party of the first part doth covenant with said party of the second part, as follows : First. That the party of the first part is seized of the said premises in fee simple, and has good right to convey the same. Second. That the party of the second part shall quietly enjoy the said premises. Third. That the said premises are free from incumbrance. Fourth. That the party of the first part will execute or procure any further necessary assurance of the title to said premises. Fifth. That the party of the first part will forever warrant the title to said premises. In witness whereof, the said party of the first part hath hereunto set his hand and seal the day and year first above written.! A. B. [L. S.] In the presence of C. F. (Acknowledgment, etc., by grantor, as in form No. 89.) I. Section 6 of chapter 475 of Laws Section 7 of the same chapter pro- of New York of i8go, which act took vides that the register or county efFect September i, 1890, provides clerk of the county of New York that the schedules annexed to that and the county of Kings shall be en- act contain forms of instruments titled to charge for the recording o{ such as are authorized thereby, and any instruments containing the cove- are to be taken as a part thereof, nants mentioned in that act, or any but that nothing therein contained of them at large, instead of the short shall invalidate or prevent the use of forms thereof in that act contained, ■other forms. The above form of deed the sum of five dollars in addition to is contained in schedule "A,"' an- the fee chargeable by law for such nexed to that act. recording. 694 Forms of Section 5 of the same chapter pro- sors and assigns of the grantee or vides that all covenants contained in mortgagee, in the same manner and any grant or mortgage of real estate to the same extent, and with like ef. shall bind the heirs, executors, sue- feet, as if such heirs, executors, etc., cessors, administrators and assigns, were so named in such covenants, of the grantor or mortgagor, and shall unless otherwise in said grant or inure to the benefit of the heirs, mortgage expressly provided, executors, administrators, succes- No. 585. Executor's deed. (Laws of N. Y. of 1890, chap. 475, § 6.) This indenture, made the day of , eighteen hun- dred and , between A. B., as executor of the last will and testament of C. D., late of , deceased, of the first part, and E. F., of , of the second part, witnesseth ; That the said party of the first part, by virtue of the power and authority to him given in and by the said last •will and testament, and in consideration of dollars law- ful money of the United States paid by the said party of the second part, doth hereby grant and release unto the said party of the second part, his heirs and assigns forever (description), together with the appurtenances, and also all the estate which the said testator had at the time of his de- cease in said premises, and also the estate therein, which the said party of the first part has, or has power to dispose ofc whether individually, or by virtue of said will or otherwise. To have and to hold the above granted premises unto the said party of the second part, his heirs and assigns forever. And the said party of the first part covenants with said party of the second part that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever. In witness whereof the said party of the first part has here- unto set his hand and seal the day and year first above written. In the presence of A. B. [L. S.J (Acknowledgment, as in form No. 89.) I. This form of executor's deed is York of i8gq. See, also, sections 5, that contained in schedule " B," an- 6 and 7 of that act, cited in note i to nexed to chapter 475 of Laws of New last form, No. 584. Deeds. 695 No. 586. Declaration of trust. To all to whom these presents shall come, I, E. P., of the , send greeting : Whereas, W. F. and J. T., of said , and their wivesi have by their deed, bearing even date herewith, for the con- sideration of dollars, granted and conveyed to me in fee simple, with (full covenants and) general warranty, all those certain lots, pieces, or parcels of land, situate, lying and being in the of , in the county of , and State of , and known and distinguished on a certain map of the lands of , made by J. B., surveyor, bearing date the day of , i , now on file in the office of the (county clerk of county) as lots Nos. , as by said deed will more fully appear ; and, whereas, I have this day executed and delivered to the said W. F. a mortgage upon said premises, as collateral security for the payment of my bond, conditioned for the payment of dollars, in years, with interest at per centum per annum, payable semi-annually, to secure a part of the consideration money expressed in their said deed to me. Now know ye, that I, the said E. P., do by these presents make known, admit and declare, that said premises were so conveyed to me, and that I now hold, and will continue to hold the same in trust only, for the use and benefit of E. H., son and heir at law of V. H., deceased, his heirs, executors and adminis- trators, and that I have no beneficial interest therein, except what may arise by legal or equitable implication from the circumstance of my having executed the said bond and mortgage. And I do further admit that the residue of the consideration money expressed in said deed to me, to wit, the sum of dollars, was paid by S. R., executrix of the last will and testament of said V. H., deceased, for the benefit of said E. H. And I do for myself, my heirs, executors and administrators, covenant and agree to and with said S. R. and E. H., and each of them, and with their and each of their executors and administrators and assigns, 696 Forms of that I, or my heirs, shall and will convey the said premises, by a good and sufficient deed, to the said E. H., or his assigns, as he or they may direct or require, whenever and as soon as the said mortgage, so executed by me, shall have been paid off and discharged, or otherwise fully secured to me, and that free, clear and discharged of and from all and every incumbrance thereon, by me or my heirs. And I do further, for myself, my heirs, executors, and administrators, covenant and agree, to and with the said S. R. and E. H., and each of them, their and each of their executors, administrators and assigns, that I or my heirs shall not do, or knowingly suffer or permit, any act, deed, matter or thing, whereby said premises can, shall, or may be in anywise impaired, injured, or incumbered, in title, interest, charge, estate, or otherwise howsoever. In witness whereof, I have hereto set my hand and seal this day of in the year i } Sealed and delivered in presence of K. L. E. P. [L. s.] (Certificate of acknowledgment or proof, as in forms Nos. 6, etc.) I. Where an express trust is created of the trust, and as against purchasers but is not contained or declared in from such trustees, without notice, the conveyance to the trustees, such and for a valuable consideration. (l conveyance shall be deemed abso- N. Y. Rev. Stat., 729, § 64; 7th ed., lute as against the subsequent credi- 2183.) tors of the trustees not having notice No. 587. Declaration of trust, where land is purchased by two or more, for the benefit of themselves and others. To all to whom these presents shall come, we, A. B. and C. D., of , send greeting : Whereas, S. C. andothers, theheirsof J. C, deceased, of the (city) of in the county of , and State of , have by their certain deed bearing date on the day of the date hereof, for the price or consideration of dollars, granted and conveyed to us, in fee simple, with (full covenants and) gen- Deeds. 697 €ral warranty, all that certain messuage, dwelling house and tract of land, and meadow land, and land covered with water, and premises of the said late J. C, deceased, situated in the town of in the county of and State of , con- taining acres, more or less, with all the appurtenances, as on reference to the said deed will more fully appear. And whereas, we have this day paid the sum of dollars, part of said purchase money, and have agreed to pay the further sum of dollars on the day of , I , on which day, in order to secure the remainder of the said purchase money, we have also agreed to make and exe- cute two several bonds, with mortgages, on the said prop- erty, one for the payment of dollars in one year there- after, without interest, and the other for the payment of dollars, with interest at per centum per annum, payable semi-annually ; such interest to commence on the day of , in the year i ; the principal of which said mortgage of shall not be made payable within years thereafter, nor until after all contingencies and other defects in regard to the title of the premises are satisfactorily removed or extinguished. And whereas, J. C, J. F., C. B. and S. B., esquires, of , have agreed to become interested with us in said purchase, and have this day made and delivered to us their respective bonds, conditioned for the payment of sundry portions of the said purchase money in proportion to their several and respective interests therein, in the manner and at the time above specified for the payment of the said purchase money: Now, therefore, know ye, that we, the said A. B. and C. D., do by these presents make known, admit and declare, that the said premises were so conveyed to us by the said S. C. and others ; and that we now hold and will continue to hold the same in trust for the use and benefit of ourselves, the said J. C. and J. F., their and each of their heirs, ex- ecutors, administrators and assigns, as tenants in common, in fee simple, in proportion to their and our respective interests therein; and that the said J. C. is interested in and entitled to four equal undivided fortieth parts thereof (the whole in forty equal parts to be divided) ; that the said C. B. and S. 698 Forms of B. are together jointly interested in and entitled to four equal undivided fortieth parts of said premises; that the said J. T. is interested in and entitled to the one equal un- divided fortieth part of the said premises ; and that we, the said A. B. and C. D., are interested in and entitled to the re- maining portions thereof, as follows, to wit : The said C. D. to fifteen equal .undivided fortieth parts thereof, and the said A. B. to sixteen equal undivided fortieth parts thereof ; and that we, the said A. B. and C. D., have no other beneficial interest in the respective portions of the said premises, of, in and to which the said J. C, J. T., C. B. and S. B. are so in- terested and entitled, except what may arise by legal or equitable implication from the circumstance of our having executed the said bonds and mortgages ; it being hereby ex- pressly understood and agreed, and these presents are upon this express condition, that if default shall at any time be- made in the payment of the said sums of money mentioned in the said bond of the said J. C. (the name of only one of the parties interested to be inserted in this blank, each indi- vidual being entitled to receive one of these trust deeds), to the said A. B. and C. D., or any of them, according to the condition thereof, then and in every such case it shall and may be lawful for the said A. B. and C. D., their heirs, ex- ecutors, administrators and assigns, to grant, bargain and sell the said interest of the said (J. C), his heirs and assigns, in the said premises, or any part thereof, at pubUc auc- tion, and thereupon execute good and sufficient deeds to the purchaser therefor, according to law, and with the pro- ceeds of such sale, to pay and discharge all such sums of money then due or to grow due upon the said bond, according to the condition thereof, and all costs and charges of such sale, as aforesaid ; it being understood and agreed that at least twenty days' previous notice of the time and place of such sale shall be given by the said A. B. and C. D., by advertisement, in two or more of the daily news- papers printed in the city of New York, and in such other newspapers as shall then be printed in ; and that, in case the net proceeds of such sale shall not be sufficient to pay and satisfy the moneys so due and owing on the said bond> Deeds. 699. and the costs and charges of such sale as aforesaid, the said (J. C), his heirs, executors or administrators, shall still re- main answerable for the deficiency, by suit or other proceed- ing on the said bond ; and that in case a surplus shalj, remain, after paying the said moneys, costs and charges, as aforesaid, such surplus shall belong and be paid over to the said (J. C), his heirs, executors, administrators or assigns, on demand. And we do further admit and declare that the sum of dollars, being • equal fortieth parts of the said sum of dollars, the first installment of said purchase money, has this day been advanced and paid by the said (J. C), and that all subsequent payments are to be made in the same propor- tion, through us, in our names, but for the joint benefit of ourselves and of the said other persons above referred to, in proportion to their and our respective interests therein. And we do hereby, for ourselves respectively, and for our several and respective heirs, executors and administrators, jointly and severally covenant and agree, to and with the said (J. C), his heirs, executors, administrators and assigns, that we and each of us, and our respective heirs, executors and administrators, shall and will, from time to time, and as soon in each case as the law will permit, pay and apply toward the satisfaction of the said bonds and mortgages, so given or to be given by us as aforesaid, all such moneys as shall be received by us or them, on account of the several bonds exe- cuted to us as aforesaid, by the said (J. C), and the several other parties interested with us in the said purchase, as above recited, together with our own share or proportion (being thirty-one fortieths, as aforesaid) of the said bonds and mortgages so given, or to be given by us as aforesaid ; and that, whenever, and as soon as the said bonds so exe- cuted to us as aforesaid, shall be fully paid, we and each of us, or our respective heirs or assigns, shall and will grant and convey the said premises, by good and sufficient deeds or instruments in law, free from all incumbrances thereon, cre- ated or suffered by us respectively, or our respective heirs or assigns, to such person or persons in such parcels, and upon such terms in regard to price or payment therefor, as shall be agreed upon and directed by such of the persons or par- 700 Forms of ties then interested therein, as shall constitute a majority in point of interest of all such persons or parties ; and to that end shall and will, if so directed by such majority, offer and ex- pose the said premises, or any part or parcel thereof, for sale at public auction or otljerwise, or concur in any measure which such majority may adopt or prescribe, for the partition of the said premises, or such part or parts thereof, as may at any time remain unsold, among the several persons or par- ties then interested therein, and grant and convey the same accordingly ; we, or our respective heirs and assigns, from time to time accounting for and paying over, to the several persons or parties interested in the said premises as afore- said, their ratable and just proportion of all such moneys as shall come to our or their hands, arising from the sale or dis- position of the said premises, according to their respective shares or interests therein ; and further, that we, our and each of our heirs, shall not do or permit anyact, deed, matter or thing, whereby the interest of the said (J. C.) in the premises, or of any of the said other persons, can, shall or may be in anywise impaired, injured or incumbered, in title, interest, charge, estate, or otherwise howsoever, except as shall be agreed upon and directed by such of all said persons, so interested therein as shall constitute a majority of interest in the said premises for the general benefit. In witness whereof, we have hereto set our respective hands and seals, this day of , in the year i .' A. B. [L. S.] C. D. [L. S.] Sealed and delivered in the presence of F. G. (Certificate of acknowledgment or proof, as in forms Nos. 6, etc.) I. The above instrument does npt for the purpose of satisf3'ing any create or declare a trust valid under charge thereon." Its provisions are, the Revised Statutes of New York however, sanctioned, it seems, as a (See I N. Y. R. S., p. 728, § 55; 7th power in trust, under section 58 of ed. 2181), except so far as subdi- the same chapter (p. 729, id. ; 7th ed. vision 2 of that section authorizes a 2182), as an appointee or beneficiary trust "To sell, mortgage or lease is designated other than the donee of lands, for the benefit of legatees, or the power (Farmers' Loan and Trust Deeds. 701 Co. V. Carroll, 5 Barb. 613), or its agreements may be enforced in an action for specific performance. Section 1431 of the New York Code of Civil Procedure provides that real property, held by one person, in trust or for the use of another, is liable to levy and sale by virtue of an execution issued upon a judg- ment recovered against the person to whose use it is so held, in a case where it is prescribed by law, that, by reason of the invalidity of the trust, an estate vests in the bene- ficiary; but special provision is not otherwise made by law for the mode of subjecting it to his debts. By section 47 of article 2, title 2, of chapter i of New York Revised Statutes, entitled " Of uses and trusts," it is provided that every per- son, who, by virtue of any grant, as- signment or devise, now is, or here- after shall be entitled to the actual possession of lands, and the receipts of the rents and profits thereof, in law or in equity, shall be deemed to have a legal estate therein, of the same quality and duration, and sub- ject to the same conditions as his beneficial interest, (i R. S. 727; 7th ed. 2180.) By section 49 of the same article it is provided that every disposition of lands, whether by deed or devise thereafter made, shall be directly to the person in whom the right to the possession and profits shall be in- tended to be invested, and not to any other, to the use of, or in trust for, such person; and if made to one or more persons, to the use of, or in trust for, another, no estate or inter- est, legal or equitable, shall vest in the trustee. (Id.) Sections 51 and 52 of the same ar- ticle provide that where a grant for a valuable consideration shall be made to one person, and the consid- eration therefor shall be paid by an- other, no use or trust shall result in favor of the person by whom such payment shall be made; but the title shall vest in the person named as the alienee in such conveyance, subject only to the provision that every such conveyance shall be presumed fraud- ulent, as against the creditors, at that time, of the person paying the con- sideration; and where a fraudulent intent is not disproved, a trust shall result in favor of such creditors, to the extent that may be necessary to satisfy their just demands. (Id. 728; 7th ed. 2181.) No. 588. A grant of annuity by deed. This indenture, made, etc., between A. B., of , of the one part, and C. D., of , of the other part, witnesseth: That the said A. B., for and in consideration of the sum of dollars, to him in hand well and truly paid by the said C. D., at or before the sealing and delivery of these presents, the receipt whereof the said A. B. doth hereby acknowledge, hatL given, granted and confirmed, and by these presents doth give, grant and confirm unto the said C. D., and his as- 702 Forms of signs, one annuity yearly rent' or sum of dollars, to be received, taken, had and to be issuing out of all that messuage etc. (describing same), with all and singular the appurtenances thereunto belonging and every part and parcel thereof, unto the said C. D., and his assigns, for and during (the natural life of him, the said C. D.)^ payable and to be paid at (stat- ing place of payment) in (half) yearly installments by even and equal portions; the first payment to begin and be made at or upon the day of , i / And if it shall hap- pen that the said annuity of dollars, or any part thereof, be behind and unpaid, in part or in all, by the space of days next after either of the said days or times of payment thereof, whereupon the same ought to be paid, as aforesaid; that then, and so often, at any time thereafter, it shall and may be lawful to and for the said C. D., and his assigns, into and upon the said messuage and premises above mentioned, or any part thereof, to enter, and the rents, issues and profits thereof to receive and take, until he be therewith and thereby or by the person or persons, who shall be then entitled to the immediate possession of the said premises, paid and satisfied the same and every part thereof, and all the arrears thereof incurred before, and that shall accrue during such time as he shall receive the rents, issues .and profits thereof, or be en- titled to receive the same by virtue of such entry to be made as aforesaid, together with her costs, damages and ex- penses laid out and sustained, by reason of the non-payment thereof, or any part thereof. And the said A. B., for himself, his heirs, executors and administrators, doth covenant, grant and agree, to and with the said C. D., his executors administrators and assigns, that he, the said C. B., his heirs,* executors or administrators, shall and will well and truly pay, or cause to be paid, unto the said C. D., his executors, administrators and assigns, the said annuity, or yearly rent charge, etc., above mentioned, at the days and times and in the manner and form as above expressed and limited for the payment thereof, according to the true intent and meaning of these presents. And also, that the said messuage, etc., above mentioned, to be charged and chargeable with the said annuity hereby granted, shall Deeds. 703 from time to time be and continue over, and sufficient for the payment of the said annuity of dollars yearly, dur- ing the life of the said C. D. In witness whereof, etc. (as in form No. 585.) A. B. [L. S.] Sealed and delivered in presence of E. F. (Certificate of acknowledgment or proof, as in forihs Nos. 6, etc.) I. An annuity is defined by Lord portionment of rents, annuities, divi- Coke to be a yearly sum stipulated dends and other payments," the rule -to be paid to another in fee, or for of the common law prevailed in this life nr years, and chargeable only on the person of the grantor. (Co. Litt. 144b; 4 Kent's Comm. *46o.) If it be agreed to be paid to the annuitant -and his heirs, it is a personal fee, and transmissible by descent like an es- tate in fee, and forfeitable for treason as a hereditament (Co. Litt. 2a; Ne- ville's case, 7 Co. 34b; 4 Kent id.) and for that reason it belongs to the -class of incorporeal hereditaments (4 Kent, id. note "^ the county of , at a meeting of said commissioners duly Highways and Bridges. 785 convened and held at , in said town, do hereby order, pursuant to statute, that the said town of be and the same is hereby divided into highway districts, said districts to be as follows, viz.: 1. Highway district No. i shall embrace the following highways, viz.: (describe highways embraced in that district), and the following inhabitants and corporations of said town, liable to work upon highways, are hereby assigned to said highway district No. i, to wit : (naming them). 2. Highway district No. 2 shall include, etc. (as above). (And direct in like manner as to each district.) In witness whereof, we have, etc. (as in form No. 681).' (Signatures .of commissioners.) Commissioners. I. The effect of an order discon- 4 of article i of chapter 568 ot tinuing a highway district formed Laws of New York of i8go, which from parts of two districts but not act took effect May i, 1891, as to this expressly providing for embracing order; and see Buffalo Plank Road its territory within any other high- Co. v. Commissioners of Highways, way district, is to restore the two dis- etc. (10 How. Pr. 242, 243). tricts to their original limits, and As to statements of order of high- such order is a valid one. (People, way commissioners see note i to form exrel. Seward, v. Sly, 4 Hill, 593.) No. 68i. See subdivisions 3 and 4 of section No. 683. Order of commissioners of highways appointing overseers of highways. (Laws of N. Y. of 1890, chap. 568, § 4, subd. 5.) We, the undersigned, commissioners of highways of the town of , in the county of , do hereby, pursuant to statute, at a meeting duly convened and held in said town on the day of , i , appoint the following per- sons to be the overseers of highways in said town (for one year and until their successors shall be appointed),^ viz.: A. B., a resident of the road district, to be overseer of highways therefor ; C. D., a resident of the road 99 786 Forms Relating to district, to be overseer of highways therefor ; E. F., a resi- dent, etc., to be, etc. In witness whereof, etc. (as in form No. 68 1.)^ (Signatures of commissioners.) Commissioners. 1. These words in brackets may be inserted, although they seem to be unnecessary; 2. See subdivision 5 oi section 4 of chapter 568 of Laws of New York of i8go, which act took effect May I, 1891, as to this appointment, which is to be made in writing and filed with the town clerk, within one week after each annual town meet- ing. As to duties of overseers of high- ways see section 20 of same statute; for notice by town clerk to overseers of their appointment and newap- pointment in case of refusal to serve or vacancy, see note i to form No. 684. No. 684. Ifotice by town clerk to overseer of highways of their ap- pointment. (Laws of N. Y. of 1890, chap. 568, § 4, subd. S-) To A. B.: You are hereby notified, pursuant to law, of your appoint- ment by the commissioners of highways of the town of , in the county of , as overseer of highways of the road district of said town (for one year, and until your suc- cessor shall be appointed).' Dated , i . Yours, etc., M. N., Town Clerk of said town. I. See subdivision 5 of section 4 of chapter 568 of Laws of New York of 1890, which took effect May i, 1891, as to this notice, which is to be given within ten days after the filing of the appointment (form No. 683) with the town clerk. If any person so ap- pointed overseer shall refuse to serve, or his office shall become vacant, the commissioners are in like manner to appoint some other person to be over- seer. As to insertion of words in brackets, see note i to form No. 683. Highways and Bridges. ;87 No. 685. Notice by commissioners of highways to overseers, reqiiir- ing them to warn persons and corporations to work on high- ways. (Laws of N. Y. of 1890, chap. 568, § 4, subd. 6.) To (naming overseers) overseers of highways of the town of , in the county of : You are hereby required, pursuant to statute, to warn all persons and corporations assessed to work on highways in said town, to come and work thereon, on the day of , I , and for as long a time thereafter as maybe nec- essary, with (naming teams and implements).' Dated , I . Yours, etc., (Signatures of commissioners, or, signature of commissioner.) Commissioners (or, a Commissioner) of Highways of the said town. I. See subdivision 6 of section 11 York of 1890, which act toolc effect of chapter 568 of the Laws of New May i, 1891, as to this notice. No. 686, Eequest by commissioners of highways to supervisor or town clerk to convene town board of auditors in special session. (Laws of N. Y. of 1890, chap. 568, §11.) To A. B., supervisor (or, town clerk) of the town of , in the county of : You are hereby requested, pursuant to statute, to convene the town board of the town of , in special session for the auditing of the bills and expenses incurred in the erection (and repairs) [or, repairs] of highways (or, bridges) in said town which have been damaged (or, destroyed) by the elements (or, state other methods of destruction.)^ ,,. ' Yours, etc., A. M., M. N., etc.. Commissioners of Highways of the town of , in the county of . I. See section 11 of chapter 568 of As to constitution of town board Laws of N. Y. of 1890, which took see section 160, article 7, of chapter effect May i, 1891, as to this request. 569 of Laws of 1890. 788 Forms Relating to No. 687. Certificate of supervisor and town clerk as to amount audited and allowed by town board for repairs to highways and bridges. (Laws of N. Y. of 1890, chap. 568, § 11.) We, the undersigned, A. B., supervisor of the town of ■ , in the county of , and C. D., town clerk of said town, do hereby certify, pursuant to law, that at a meeting of the town board of said town convened in special session by said super- visor (or, town clerk) upon the written request of the commis- sioners of highways of said town, which meeting was held at , on the day of , i , the bills and expenses incurred in the erection (or, repairs) of the following highways (or, bridges), to wit : (describing them) were presented to and audited by the said town board. That the amount audited and allowed by said board at said meeting was the sum of dollars ; that said award was made in favor of (stating whom), and that the nature of the work done and material furnished therefor was as follows : (stating same.) In witness, etc., (as in form No. 681).^ A. B., Supervisor. C. D., Town Clerk. I. See section 11 of chapter 568 of is to be levied and collected in the the Laws of New York of i8go, which same manner as other town expenses, act took effect May i, i8gi, as to this See also section 12 of same chap- certificate and its contents. Such ter as to verification of account and certificate bears interest from its date, manner of auditing same. and the amount thereof, with interest' No. 688. Complaint to commissioners of highways that toll bridge has become unsafe. (Laws of N. Y. of 1890, chap. 568, § 13.) Complaint is hereby made by E. F., of , to A. B. and C. D., commissioners of highways of the town of > "^ the county of , that the toll bridge located at . Highways and Bridges. 789 and being in whole (or, in part) in said town, has become and is unsafe for the public use by reason of (stating causes). The said E. F. asks that proceedings may be taken, pur- suant to statute, for the repairing of said toll bridge, so as to make the same safe and convenient for public use.' Dated , i . E. F. County, ss.: i E. F., of , in said county, being duly sworn, says that he is the complainant mentioned in the foregoing complaint, subscribed by him ; that said complaint is true to the best of deponent's knowledge, information and belief. E. F. (Jurat, as in form No. 32.) I. See section 13 of chapter 568 of May i, 1891, and by it chapter 448 of Laws of New York of i8go, as to Laws of 1873, containing provisions this proceeding. That act took effect upon the same subject, was repealed. No. 689. Notice by commissioners of highways to owner of toll bridge or his agent that toll bridge has been found unsafe. (Laws of N. Y. of 1890, chap. 568, § 13.) To G. H., etc. (or, to G. H., agent of B. F., etc.), owner (or, owners) of the toll bridge located at , in the town of : ^ You (and each of you) are hereby notified that the under- signed, commissioners of highways of the town of , in the county of , have, upon the complaint of E. F., of , made pursuant to statute, carefully and thoroughly examined the toll bridge owned by you (or, by B. F., etc.), located at , and found the same to be unsafe for the public use, and that you are required to immediately com- mence repairing the same, and to cause such repairs to be made within one week from the day of the giving of this 790 Forms Relating to notice, or within such reasonable time thereafter as may bi necessary to thoroughly repair the said bridge so as tomab it, in all respects, safe and convenient for public use.^ Dated , i . F. M., N. P., etc.. Commissioners of Highways of said town. I. See note to last form, No. 688, of New York of 1890, therein referred and section 13 of chapter 568 of Laws to, as to this proceeding. No. 690. Annual report of commissioners of highways to town board, at its first meeting. (Laws of N. Y. of 1890, chap. 568, § 19.) We, the undersigned, commissioners of highways of the town of , in the county of , hereby make, pursuant to statute, our first annual report to the town board of said town, as follows : (*) First. That the labor assessed in said town, during the year ending on the date hereof, is days, and the amount thereof performed is days, as appears by the account rendered to us by the several overseers of highways in said town. Second. That the sum received by said commissioners for penalties, commutations and all other sources is dollars, to wit : DATE. From whom received. On what account. Amount j8 CD (The balance of money remaining in his llands as overseer.) $ Third. The improvements which have been made on the highways and bridges in said town during the year preced- ing the date of this report, are as follows : (state same) and Highways and Bridges. 791 that the state of such highways and bridges is as follows : (state whether they are in good repair or not).' All of which is respectfully submitted. Dated , i . (Signatures of commissioners.) Commissioners. I. See subdivision 3 of section 19 of 1890, which act went into effect of chapter 568 of Laws of New York May i, 1891, as to this report. No. 691. Annual report of commissioners of highways to town board at its second meeting. (Laws of N. Y. of 1890, chap. 568, § 19.) As in last form No. 690, to (*), substituting therein word " second " for word " first," and from thence as follows : First. That the following improvements necessary to be made on the highways and bridges of said town are as fol- lows : (stating same) and that the probable expense thereof will be about the sum of dollars. (Conclude as in form No. 690.)' (Signatures of commissioners.) _^ Commissioners. I. See section 19 of chapter 568 of so estimated, not exceeding five hun- Laws of New York of i8go, as to dred dollars in any one year, to be this report, a duplicate of which is assessed, levied and collected, in to be delivered to the supervisor of such town, in the same manner as the town, who shall present such du- other town charges. See, also, form plicate statement to the board of su- No. 690, and note thereto, pervisors, who shall cause the amount No. 692, Notice to overseer of highway to remove snow or other ob- struction from highway. (Laws of N. Y. of 1890, chap. 568, § 21.) To A. B., overseer of highways of the district of the town of , in the county of : _ You are hereby notified, pursuant to law, by the under- signed inhabitants of said town liable to the payment of high- 792 Forms Relating to way tax therein, that the highway in said town, leading from to , is obstructed by snow (or, name other obstruc- tion) at (stating place of obstruction), and that you are re- quested to remove said obstruction.' Dated , i . Yours, etc., C. D., E. F. I. See section 21 of chapter 568 of took effect May i, 1891, as to this no Laws of New York of 1890, wliich tlce and its effect. No. 693. Notice by overseer of highways pursuant to notice, form No. 602, to assist in removing obstructions from highway. (Laws of N. Y. of 1890, chap. 568, § 21.) To C. D., (E. F., etc.) : You (and each of you) are hereby notified and called upon pursuant to law, to appear at , on the day of , I , at o'clock in the noon, [with team and sleigh, (or, teams and sleighs,) etc.] to assist in removing the obstruc- tions to the highway in said town leading from to , caused by snow (or, name other obstruction), notice of said obstruction having been given to the undersigned by (two) of the inhabitants of the said town liable to highway tax, and which obstruction he has been requested by said notice to remove.* Dated , i Yours, etc., A. B., Overseer of Highways for the district of said town. I. See section 21 of chapter 568 of notice, and for notice by inhabitants Laws of New York of 1890, which to overseer, see last form, No. 69a. act took effect May i, 1891, as to this Highways and Bridges. 793 No. 694. Complaint by overseer of highway in action for fine against persons failing to appear pursuant to notice, form No. 693. (Laws of N. Y. of 1890, chap. 568, § 21.) In Justice's Court : Before M. N., Justice of the Peace of the town of , in the county of — -. A. B., as overseer of highways " of the district of the town of , in the county of ag'amst CD. The plaintiff as overseer of, etc., (as above) complains against the defendant, and alleges : That he was duly appointed such overseer by I. J. and K. L., commissioners of highways in the said town of , on the day of , I , by an instrument in writing under their hands filed with the town clerk of said town, and was duly notified by said town clerk of said appointment. That on or about the day of , i , he was notified in writing, as such overseer, by C. P. and J. F., two inhabitants of said town liable to the payment of the highway tax of, and requested to remove an obstruction caused by snow (or, state other obstruction) in the highway in said town leading from to ; that at the time of the receipt of said no- tice by the plaintiff said obstruction existed in said highway, and the highway labor in said district had been worked out or commuted for (or, returned to the supervisor of said town), and the plaintiff thereupon called upon the defendant, said defendant being a taxpayer of said town, to assist in remov- ing the said obstruction, notifying him of the time and place at which he was to attend for that purpose. That the de- fendant failed to appear at the time and place designated by said plaintiff, and has failed to commute for such labor at the rate of a dollar a day, days' labor having been assessed therefor upon the defendant, that being the amount of the lOG 794 Forms Relating to assessment for said labor with which the said defendant was assessable, in proportion to his original assessment for high- way labor in said town. Wherefore the plaintiff as such overseer demands judg- ment against the defendant for the sum of dollars the amount of the fine for which he is_ liable to the plaintiff at the rate of one dollar and fifty cents per day for each day's labor which he was so required to perform, and for the costs of this action.^ F. R., Agent and Attorney for plaintiff. I. See section 21 of chapter 568 of New York Code of Civil Pro- Laws of New York of i8go, as to this cedure as to indorsement upon sura- complaint ; and see section 1S97 of mons issued in such action. No, 695. Complaint in action against overseer of highways for neglect to have highway opened by removing obstruction there- from. (Laws of N. Y. of 1890, chap. 568, § 21.) (Title of cause.) The complaint of the above named plaintiff respectfully shows that by an act of the legislature of the State of New York, passed June 7, in the year 1890, and known as the highway law, it is enacted that (setting forth the provisions of section 21 of the act prescribing the penalty). That before the commencement of this action, and on or about the day of , i , the defendant, being at the time overseer of highways for the district of the town of , neglected, etc. (setting forth the violation of the statute by which the penalty has been incurred). Wherefore the plaintiff demands from the said defendant the sum of dollars (insert amount of penalty prescribed by the statute), together with the costs of this action.' M. R., Plaintiff's Attorney and Agent. I. See section 21 of chapter 568 of of New York Code of Civil Pro- Laws of New York of i8go as to cedure as to indorsement upon sum- this complaint; and see section 1897 mons issued in such action. Highways and Bridges. 795 No. 696. Complaint to commissioners of highways against overseer for neglect of duty. (Laws of N. Y. of 1890, chap. 568, § 23.) I, A. B., a resident of the town of , in the county of , hereby complain to the commissioners of highways of said town that F. R., the overseer of highways for high- way district No. , in said town, has neglected (or, refused) to warn I. J., K. L., etc. (or, The Company), who are (or, which is) assessed to work on the highways in said district, to work on said highways, after having been required so to do by the said commissioners [or, by one of said com- missioners ; or, has neglected (or, refused) to collect from F. K., the sum of dollars, which has been imposed upon him as a fine for neglecting to appear and work upon the highway in his said highway district ; or, state other cause of complaint under section 22 of chapter 568 of Laws of N. Y. of 1890], and I hereby require the said commissioners to prosecute said F. R. for the said offense.' Dated , i . A. B. I. See section 23 of chapter 568 of sioners in good faith, in the proceed- Laws of New York of 1890, as to ing, are made by that section a town this complaint. The costs and ex- charge, to be audited by the town penses incurred by the commis- board. No. 697. Bond of indemnity by complainant upon refasal or neglect of commissioners to prosecute overseer for penalty, (Laws of N. Y. of 1890, chap. 568, § 23.) Know all men by these presents : That we, A. B. and C. D. of, etc., are held and firmly bound, jointly and severally, to the town of , in the county of , in the sum of dollars, to be paid to the said town, or to its attorney or assigns, for which payment well and truly to be made, we 796 Forms Relating to bind ourselves and our heirs, executors or administrators firmly by these presents. The condition of this obligation is such that, whereas complaint has been made by the said A. B., more than thirty days since, to the commissioners of highways of said town, that F. R., overseer of highways of the highway district of said town, has neglected (or, refused) as such overseer, to warn I. J., who is assessed to work on said highways in said district, to work on said highways after having been required so to do by (one of) the commissioners of highways of said town). And whereas, the said commissioners have refused (or, neglected) to prosecute said F. R. for the penalty incurred by him by his said refusal (or,- neglect) and the said A. B. is about to prosecute the said F. R. pursuant to statute for the said penalty: Now, therefore, if the said A. B. shall indemnify and save harmless the said town from all costs and expenses paid or incurred by it in said prosecution, then this obligation to be void, otherwise to be and remain in full force and virtue.' A. B. [L. s.] CD. [L. s.] Sealed and delivered in presence of M.N. (Acknowledgment or proof, as in forms Nos. 89, etc.) I, J. K., supervisor of the town of , in the county of , do hereby approve of the foregoing bond and of the surety therein. Dated , i . J. K. I. See section 23 of chapter 568 of be given in such manner as the su- the Laws of New York of 1890, as pervlsor may approve, to this bond. The indemnity is to Highways and Bridges. 797 TITLE II. Forms Relating to Assessment for Highway Labor. (Laws of N. Y. of i8go, chap. 568, art. 2.) No. 698. List by overseer of the names of inhabitants in his highway dis- trict liable to highway taxes. 699. List and statement of the contents of unoccupied lands owned by non-residents. 700. Assessment of highway labor by commissioners of highways. 701. Assessment by overseer of highways of persons left out of the list of assessments for'highway labor. 702. Notice of appeal from assessment by overseer to commissioners of highways. 703. Notice of appeal by non-resident owner of unoccupied lands from assessment made by commissioners of highways. 704. Notice of time of hearing of the appeal to the commissioners of highways. 705. Assessment of highway labor by overseer of highways, additional to the assessment by the commissioners. 706. Order of commissioners of highways authorizing the location and planting of trees and the construction of sidewalks. 707. Application of majority of inhabitants in highway district for ex- penditure of a portion of highway labor, etc., in construction, etc., of sidewalks. 708. Order of highway commissioners pursuant to application, form No. 707. 709. Certificate of anticipation of highway labor from overseer to per- son or corporation performing labor. 710. Request of taxpayers of town, that the electors vote at town meeting upon question of change of system of taxation for working highways. No. 698. last to be made by overseer of the names of inhabitants in his highway district liable to highway labor. (Laws of N. Y. of 1890, chap. 568, § 31.) I, A. B., overseer of highways for highway district No. , of the town of , in the county of , do hereby certify that the following is a correct list of the names of all the inhabitants in said highway district No. — , who are liable to work on the highways •} 798 Forms Relating to NAMES. NAMES. E. P I.J G. H K. L ::.:::.: Dated A. B., Overseer. I. See section 31 of chapter 568 of town, within sixteen days after his Laws of New York of 1890, as to this appointment, and which the town list, which is to be delivered by each clerk is to deliver to the commis- of the overseers to the clerk of the sioners of highways. No. 699. List and statement of the contents of unoccupied lands, owned by non-residents. (Laws of N. Y. of 1890, chap. 568, § 32.) At a meeting of the commissioners of highways of the town of , in the county of , held in said town on the day of , i , the said commissioners A. F., etc. (naming them) (*) before making the assessment of high- way labor in said town, have made out, pursuant to law, the following list and statement of the contents of all un- occupied lots, pieces or parcels of land within the said town, owned by non-residents.^ Dated , i . NAMES OF OWNERS. Number of highway district. Contents. Value. (Signatures of commissioners.) Commissioners. I. See section 32 of chapter 568 of commissioners of highways, see note Laws of New York of 1890, as to this I to form No. 6S1. statement; as to form of order of Highways and Bridges. 799 No. 700. Assessmeiit of highway labor by commissioner of highways. (Laws of N. Y. of 1890, chap. 568, § 33.) As in form No. 699, to (*), and from thence as follows : Having proceeded to ascertain, assess and apportion the highway labor to be performed in said town for the ensuing year, have made out the following estimate and assessment for the highway districts of said town : I. For highway district No. , in said town, the in- habitants of said town assigned and the days respectively as- signed to each of them, are as follows : NAMES, ETC. A. B., I day. C. D., 2 days. The Company, 6 days, etc. NAMES, ETC. E. F., 5 days. G. H., 3 days. The — ^ Company, 4 days, etc. 2. For road district No. in said town, the inhabit- ants of said town, etc. (as above). (And proceed in like manner as to the other road districts.) 3. The lands owned by non-residents of said town, and situated therein, are assessed as follows : OWNER'S OR OCCUPANT'S NAME, IF KNOWN. Description of land. Value. Assessment. In witness, etc. (as in form No. 681).^ (Signatures of commissioners). Commissioners. 1. See section 33 of chapter 568 of which is to be subscribed by the Laws of New York of 1890, as to commissioner and filed with the this assessment and apportionment, town clerk. See, also, section 34, 8oo Forms Relating to id., as to copies of list to be made by the town clerk for the commis- sioners, and delivered to the over- seers by them. Section 38 of said chapter provides that whenever the occupant of land shall be assessed by the commission- ers for any land not owned by him, they shall distinguish in their assess- ment lists, the amount charged upon such land, from the personal tax, if any, of the occupant thereof; but when any such land shall be assessed in the name of the occupant, the owner thereof shall not be assessed during the same year to work on the highway, on account of ^he same land. The assessments to be made in the name of occupants urder sub- division 3 of section 33, above men- tioned, are of lands of non-residents occupied by an inhabitant of the town. See, also, section 39 of chapter 568, above mentioned, as to deduc- tion by tenant from his rent, of high- way tax worked out or covenanted for by him. No. 701. Assessment by overseer of persons left out of the list of assessments for highway labor. (Laws of N. Y. of 1890, chap. 568, § 35.) I, the undersigned, overseer of road district No. , in the town of , in the county of , do hereby assess the following persons whose names have been omitted from the foregoing (or, annexed) list (or, who have become inhab- itants of said district since the foregoing, etc., list was made), to work on the highways in said district, viz.: A. C, days; P. F., days.' Dated , i . I- L., Overseer. See section 35 of chapter 568 of an appeal to the commissioners of Laws of New York of 1890, as to. highways, this assessment, which is subject to No. 702. Notice of appeal from assessment by overseer to commission- ers of highways. (Laws of N. Y. of 1890, chap. 568, § 36.) Notice is hereby given by the undersigned that he appeals to A. M., etc., commissioners of highways of the town of , in the county of , from the assessment made by Highways and Bridges. 8oi A. B., overseer of highways for highway district No. , in said town, for the following reasons, viz.: (state same).^ Dated , i . A. F. I. See section 35 of chapter 568 of the Laws of New York of 1890, as to this notice. No. 703. Notice of appeal by non-resident owner of unoccupied lands, from assessment made by commissioners of highways. (Laws of N. Y. of 1890, chap. 568, § 36.) Notice is hereby given that the undersigned, A. B. (or, C. D., as agent for A. B.), anon-resident owner of lands situated in the town of , in the county of , who conceives himself aggrieved by the assessment for highway labor made by the commissioners of highways of the said town, upon the lands described as follows, to wit : (insert description of lands as contained in the list or statement of commissioners, form No. 699), does hereby appeal to the county judge of said county of , from the said assessment of said com- missioners.^ Dated , i . A. B., Owner, (or, C. D,, Agent for A. B., Owner.) I. See section 36 of chapter 568 of sioners of highways of the time of Laws of New York of 1890, as to the hearing before the judge, and his this notice. The judge is required, decision thereupon is made final and within twenty days thereafter, to hear conclusive. For notice to commis- and decide such appeal, the owner sioners, see next form, or agent giving notice to the commis- No. 704. Notice of time of hearing of the appeal to the commissioners of highways. (Laws of N. Y. of 1890, chap. 568, § 36.) To M. N. and F. P., commissioners of highways of the town of , in the county of : You are hereby notified that an appeal has been taken by the undersigned, A. B. (or, C. D., as agent of A. B.), on the lOI 8o2 Forms Relating to •day of , I , lio Hon. A. F., the county judge of the county of , from your assessment for highway labor, of the land owned by me (or, by A. B.) in said town, and that said appeal will be heard before said judge at (his cham- bers) in the (city) of , in said county, on the day of , I , at o'clock in the (fore)noon.' Dated , i . Yours, etc., A. B. (or, C. D., Agent for A. B.) I. See section 36 of chapter 568 of Laws of New York of 1890, as to this notice. No. 705, Assessment of highway labor by overseer of highways, ad- ditional to the assessment by the commissioners. (Laws of N. Y. of 1890, chap. 568, § 42.) Whereas I, the undersigned overseer of highways of the highway district of the town of , in the county of -, have deemed the quantity of labor assessed on the in- habitants of the said district by the commissioners of high- ways, insufficient to keep the highways therein in repair, I do, therefore, pursuant to statute, hereby make a further as- sessment thereof upon the actual residents of said district as follows, to wit : (Insert list as in form No. 698.)^ Dated , i . F. R., Overseer. I. See section 42 of chapter 568 of the Laws of New York of 1890, as to this assessment. No. 706. Order of commissioners of highways authorizing the location and planting of trees and the construction of sidewalks along highway. (Laws of N. Y. of 1890, chap. 568, § 43-) As in form No. 681, to (*) and from thence as follows: do hereby authorize, pursuant to law, the planting of trees and the construction of sidewalks along the highways in said Highways and Bridges. 803 town, leading from to , by the owners of property adjoining said highway, as follows : (stating particulars as to trees and sidewalks) as said trees and sidewalks are located and laid down upon the diagram hereto annexed, certified by us.* (Signatures of commissioners, or a majority of them.) Commissioners. (Annex map or diagram referred to in order.) I. See section 43 of chapter 568 of See, also, section 44, id., as to al- Laws of New York of i8go, asto this lowance upon highway tax by over- order, which is to be filed in the seer or other officer in charge of the office of the town clerk of the town highway to inhabitant liable to tax where the highway is located, within planting forest or shade trees pursu- ten days after the making of the or- ant to order, der. No. 707. Application of majority of inhabitants in highway district, for expenditure of a portion of highway labor, etc., in con- struction, etc., of sidewalks. (Laws of N. Y. of 1890, chap. 568, § 45.) To M. N. and O. P., commissioners of highways of the town of , in the county of : We, the undersigned, a majority of the inhabitants of the highway district in said town subject to assessment for highway labor therein, do hereby pursuant to statute, make application to you, that you authorize , of the high- way labor of said district, or of the commutation money received therefor, to be expended under the direction of the overseer of highways of said district, in the construction, repair and improvement of the sidewalks within the limits of said district hereinafter mentioned, viz.: (stating what sidewalks.) And we further make application to you pursuant to statute, that you will authorize of the highway labor of said district to be anticipated for years, for constructing, 8o4 Forms Relating to improving or repairing the sidewalk in said district (describ- ing ity Dated , i . (Signatures of applicants.) I. See section 45 of chapter 568 of of sidewalks, etc., and mayauthorize Laws of New Yorlc of i8go, as to not more than one-fourth of the high- this application. Upon the applica- way labor of the district to be an- tion being made the commissioners ticipated for the construction, etc., of of highways may authorize not more any such sidewalk, than three-quarters of the highway The two applications may appa- labor of the district, or of the com- rently be made either together or sap- mutation money received therefor, arately, to be expended for the construction No. 708. Order of highway commissioners pursuant to application, form No. 707. (Laws of N. Y. of 1890, chap. 568, § 45.) As in form No. 681, to (*) and from thence as follows: do hereby upon the written application of a majority of the inhabitants of the highway district in said town, subject to assessment for highway labor therein, authorize of the highway labor of the said district, or of the commutation money received therefor, to be expended under the direction of the overseer of highways of said district in the construc- tion, repairs and improvement of the sidewalks of said district (describing sidewalks). And we do further authorize of the highway labor of said district, to be anticipated for years, for con- structing, improving or repairing the sidewalk in said district (describing it).^ (Signatures of commissioners.) I. See section 45 of chapter 568 of order and its effect, and see note to Laws of New York of 1890, as to this last form. No. 709. Certificate of anticipation of highway labor from overseer to person or corporation performing the labor. (Laws of N. Y. of 1890, chap. 568, § 46-) I, F. P., overseer of highways of the highway district of the town of , in the county of , do hereby certify, Highways and Bridges. . 805 pursuant to statute, that A. B., a person assessed for high- way labor in said highway district, has performed (or, com- muted for) days highway labor in said district, in the construction (or, improving ; or, repairing) of the sidewalk in said town (describing it).* Dated , i . (Signature of overseer.) Overseer. I. See section 46 of chapter 568 of section 47, id., as to transfer of the Laws of New York of 1890, as to certificate, this certificate and its effect; and see No. 710. Request of taxpayers of town that the electors vote at town meeting upon question of change of systenv of taxation for working highways. (Laws of N. Y. of 1890, chap. 568, § $1.) To the electors of the town of , in the county of : You are hereby requested, pursuant to statute, to vote by ballot at the next annual town meeting of said town, to be held at , on the day of , i , upon the ques- tion of changing the system of taxation for working the highways of said town from the labor system of taxation to the money system of taxation.* Dated , i , (Signatures of taxpayers.) I. See section 51 of chapter 568 of shall talce effect; see, also, section Laws of New York of 1890, as to 53, id., of the manner of raising this request- and see section 52, id., money for repair of highways, in as to when the change, if voted, case of a change to the money system. 8o6 Forms Relating to TITLE III. Forms Relating to the Duties of Overseers and the Performance OF Highway Labor. (Laws of N. Y. of i8go, chap. 568, art. 3.) No. 711. Notice by overseer to residents of highway district to appearand work upon highway. 712. Notice to resident agent of non-resident landholder of number of days' labor assessed upon such non-resident, etc. 713. Notice to be filed by overseer in case of not being able to find agent of non-resident in the town. 714. Lists of residents and of lands of non-residents and unknown persons, on which assessments for highway labor are unpaid, to be made by overseers and delivered to supervisors. 715. Complaint in action by commissioners of highways for recovery of penalty for refusal, etc., to deliver list of unpaid assessments or to m^e affidavit. 716. Annual account to be rendered to commissioners of highways by overseers of highways. 717. Notice by overseers of highways to occupant of lands to remove weeds, etc., from bounds of highway. 718. Report of overseer to commissioners of highways as to weeds, etc. , removed from highway. No. 711. ITotice by overseer to residents of highway district to appear and work upon highway. (Laws of N. Y. of 1890, chap. 568, § 60.) To M. R. (or, the M. R. Company) (naming resident or cor- poration assessed) : You are hereby notified, pursuant to law, that you are assessed to work days during the year i , upon the highways of highway district No. , in the town of -, in the county of , for which district the undersigned is overseer of highways, and that you are to appear for the purpose of such work, with (naming teams and implements) at o'clock in the noon, on the day of > I , at (naming place), and that you will be allowed at the Highways and Bridges. 807 rate of one day for every eight hours of work upon said highway, between seven o'clock in the forenoon and six o'clock in the afternoon.' Dated , i , Yours, etc., A. F., Overseer I. See section 60 of chapter 568 of See as to teams, etc., which may Laws of New York of 1890, as to be required from any person in the this notice. The notice to corpora- district having the same, and the tions is required by that section to credit therefor, section 63, id. As to be served personally on an agent substitutes, see section 64, id. By thereof residing in the town, if any, the latter section a day's labor shall or if none, by filing the notice in the be eight hours of work, and every office of the town clerk, at least five person or corporation assessed more days before the labor shall be re- than one day shall be allowed to work quired; and any number of days not ten hours in each day. exceeding fifty, may be required to be performed by any such corpora- tion in one day. No. 712. Notice to resident agent of non-resident land-holder of num- ber of days' labor assessed upon such non-resident, etc. (Laws of N. Y. of 1890, chap. 568, § 61.) To M. H., agent of P. F.: You are hereby notified, pursuant to law, that the lands of M. H., situate in highway district No. , of the town of , in the county of , are assessed for days' labor during the year i , upon the highways in said district, of which highways the undersigned is overseer ; and that the said labor is to be performed at o'clock in the - — noon, on the day of , i (and the days following that day), on the highway in said town, be- tween the dwelling houses of A. E. and M. N.' Dated , i . Yours, etc., A. F., Overseer. I. See section 61 of chapter 568 of least five days previous to the time Laws of New York of 1890, as to at which the labor is to be performed, this notice, which is to be given at 8o8 Forms Relating to No. 713. Notice to be filed by overseer in case of not being able to find agent of non-resident in the town. (Laws of N. Y. of 1890, chap. 568, § 61.) Notice is hereby given, pursuant to statute, that the lands hereinafter described, situated in highway district No. of the town of , in the county of , for which dis- trict the undersigned is overseer of highways, have been as- sessed for highway labor as lands owned by non-residents of said town, and that said labor is to be performed on the day of , I , and the days following that day, on the highway of said district between the dwelling houses of M. N. and O. P., and the owners of said lands or their agents, respectively, are hereby required to cause the said labor to be performed.* NAMES OF OWNERS. Description of lands. Assessments. Dated I. See section 61 of chapter 568 of Laws of New York of 1890, as to this notice, which is to be filed in the A.F., Overseer. office of the town clerk, at least twenty days before the time ap- pointed for performing such labor. No. 714. List of residents and of lands of non-residents and unknown persons on which assessments for highway labor are unpaid; to be made by overseers and delivered to supervisors. (Laws of N. Y. of 1890, chap. 568, § 66.) I, J. F., overseer of highways for highway district No. , in the town of , in the county of , do hereby make, pursuant to statute, the following list of all persons Highways and Bridges. 809 and corporations who have not worked out or commuted for their highway assessment, with the number of days not worked or commuted for by each, and also a li^t of all the lands of non-residents and persons unknown, which w ere as- sessed on any warrant by the commissioners of highways ,of said, town, or added by me according to law, on which the labor assessed has not been performed or commuted for, and the number of days' labor unpaid by each.' NAMES OF PERSONS AND CORPORA- TIONS. Number of days as- sessed to each. Number of days not worked out or com- muted. Charge for such days at $1.50 per day. NAMES OF NON-RESI- DENTS AND PER- SONS UNKNOWN. Description of lands. Number of days assessed to each. Number of days unpaid by each. Charffe for such days at $1.50 per day. County, ss.: J. F., of , being duly sworn, says : That he is the over- seer of highways for highway district Number , in the town of , in said county ; that he has given the notice to appear and work, in the case of the above mentioned persons and corporations, required by section 66 of chapter 568 of the Laws of New York of 1890, and that the labor specified in the above list returned, has not been performed or commuted. (Jurat, as in form No. 32.) I. See section 66 of chapter 568 of Laws of New York of 1890, as to the above list and the affidavit of over- seer to be annexed -thereto. The list is directed by the same section to be delivered to the supervisor of the 102 J.F. town on or before October i in each year. See section 67, id., as to pen- alty for refusal or neglect of overseer to deliver the list or to make the affi- davit as directed and the recovery thereof. 8io Forms Relating to No. 715. Complaint in action by commissioners of highways for re. covery of penalty for refusal, etc., to deliver list of unpaid assessments or to make afB.davit. (Laws of N. Y. of 1890, chap. 568, § 6'j.) Justice's Court. A. P., etc., as Commissioners" of Highways of the town of , in the county of Before Ransom Cooke, Esq., Justice of the Peace. agst. J. F. The complaint of A. P., etc., the above named plaintiffs, respectfully shows : That they are commissioners of high- ways of the town of , in the county of ; that on the day of , i , the defendant, A. F., was duly appointed as overseer of highways for highway district Number , of the said town, and was duly notified of and duly accepted said ofifice, and entered thereupon and acted as such overseer. ' That it was the duty of the defendant as such overseer to make out and deliver to the supervisor of the said town, on or before the first day of October, in the year , a list of all persons and corporations who had not worked out or commuted for their highway assessment, with the number of days not worked or commuted for by each, and also a list of all the lands of non-residents and persons unknown, which were assessed on his warrant by the commissioners of highways, or added by him, on which the labor assessed had not been performed or commuted for, and the number of days' labor unpaid for by each (which list was accompanied by the affidavit of said defendant that he had given the notice required to appear and work, and that the labor specified in the list returned had not been performed or commuted). And the plaintiffs further show that the defendant has refused (or, neglected) to deliver such list ((jr, to make an affidavit thereto) as required by law, and that defendant has thereby forfeited the sum of (ten) dollars, and in addition Highways and Bridges. 8ii thereto the sum of dollars, being the amount of taxes for highway labor in said district remaining unpaid : Wherefore, the plaintiffs demand judgment against the defendant for the sum of dollars, in accordance with the statute in such case made and provided, with costs of this action.' A. M., Plaintiff's Attorney and Agent. (Office address.) I. See section 27.of chapter 568 of in action for penalty, see People v. the Laws of New York of 1890, as McCann (67 N. Y. 506); Nellis v. N. to this complaint. As to complaint Y. C. R. Go. (30 id. 305). No, 716. Annual account to be rendered to commissioner of highways by overseer of highways. (Laws of N. Y. of 1890, chap. 568, § 69.) I, F. P., overseer of highways for highway district Number in the town of , in the county of , do hereby render, pursuant to statute, the following account to P. R., one of the commissioners of highways of said town. I. The names of all persons assessed to work on the high- ways of said district are as follows, viz.: NAMES OF PERSONS. NAMES OF PERSONS. 2. The names of all those who have actually worked on the highways, with the number of days they have so worked, are as follows, viz.: NAMES OF PERSONS. Number of days actually worked. 8l2 Forms Relating to 3. The names of all those from whom penalties have been collected, and the amounts thereof, are as follows, viz.: NAMES OF PERSONS FROM WHOM PENALTIES HAVE BEEN COLLECTED. Amounts of such penalties. 4. The names of all those who have commuted are as follows, viz.: NAMES OF SUCH PERSONS. Amount of commutation paid byeadi, 5. The manner in which the moneys arising from such penalties and commutations have been expended by me is as follows, viz.: 18 . Paid M. N. account for repairs to bridge, $ . (State, in like manner, each item of expenditure, and the person to whom paid.) 6. The names of all persons whose names I have re- turned to the supervisor as having neglected or refused to work out their highway assessments, with the number of days and amount of tax so returned for each person, are as follows : NAMES OF SUCH PERSONS. Number of days for each. Amount of tax. Highways and Bridges. 813 7. The following is a list of all the lands which I have re- turned to the supervisor for non-payment of taxes, and the amount of tax on each tract of land so returned, to wit : NAME OF OWNER. Description of land. Amount of tax. Dated F. P., Overseer.^ County, ss.: F. P., of , being duly sworn, says, that he is the over- seer of highways for highway district Number , in the town of , in said county, and that the foregoing account, subscribed by him, is true. (Jurat, as in form No. 32.) I. See subdivision 5 of section 6g of chapter 568 of Laws of New York of 1890, as to this account, which by that section is to be rendered by the overseer on the second Tuesday next preceding the time of holding the an- nual town meeting in his town, within the year for which he is elected or ap- F. P. pointed, and he is required then and there to pay to the commissioners of highways all money remaining in his hands unexpended. See, also, same section as to penalty for refusal or neglect to render such account or pay any balance which then may be due from him. No. 717, Notice by overseer of highways to occupant of lands to re- move weeds, etc., from bounds of highway. (Laws of N. Y. of 1890, chap. 568, § 71.) To A. M. etc., occupant (or, occupants) of lands situated in highway district Number of the town of , in the county of — ^: You (and each of you) are hereby required, pursuant to statute, to cut, within ten days after receiving this notice. 8 14 Forms Relating to all weeds, briers and brush growing upon the cultivated (or, inclosed) lands situated in said town and occupied by you, abutting upon the highway leading from to , within the bounds of said highway.'' Dated , i . Yours, etc., F. P., Overseer of Highways. I. See as to this notice and effect thereof, section 71 of chapter 568 of Laws of New York of 1890. No. 718. Beport of overseer to cotamissioners of highways, as to weeds, etc., removed fi:oin highway. (Laws of N. Y. of 1890, chap. 568, § 71.) To the commissioners of highways of the town of , in the county of : I, the undersigned F. P., overseer of highways of high- way district Number of the said town, do hereby, pur- suant to statute, respectfully report : That I, heretofore, and on the day of , i , gave notice pursuant to statute, in writing, to A. M., etc., (naming occupants notified) occupants of cultivated and in- closed lands and premises situated in said highway district of said town, abutting upon the highway leading from to , to cut, within ten days after receiving such notice, all weeds, briers and brush growing upon the lands so occu- pied by them within the bounds of said highway, and that the said occupants (or, A. M., etc., occupants as aforesaid) did not cut such weeds, briers and brush growing within the bounds of the said highway within the said ten days, after receiving said notice, and that I thereupon employed persons to do the said work, and that the amount expended by me thereon was in all the sum of dollars. That said lands occupied by A. M., upon which said labor was performed are owned by said A. M. (or, by C. B.), and the amount expended by me upon said lands was dollars. Highways and Bridges. 815 That said lands occupied by M. N., etc. (as above, stating ownership of, and expense incurred upon each lot sepa- rately).' Dated , i . F. P., Overseer. (Veriiication as in form No. 716, substituting the word "statement" for "account" therein.) Certified to board of supervisors of county, (Signatures of commissioners of highways.) Commissioners of Highways of town of ■ I. See section 71 of chapter 568 of supervisors are to lay the same be- Laws of New York of 1890, as to this fore the board of supervisors at its report, which is to be made on or next annual meeting, and such board before the first day of November in is to include the amounts included each year, and is to be certified by therein in the taxes assessed upon the commissioners of highways to the lands upon or against which the the supervisor of the town, and the labor was performed TITLE IV. Forms Relating to Laying out. Altering and Discontincing High- ways, AND Laying out Private Roads. (Laws of N. Y. of 1890, chap. 568, art. 4.) Article i. Forms Relating to Altering, etc., Highways. (Same statute as above.) No. 719. Application to commissioners of highways for order laying out or opening highways upon land dedicated for that purpose. 720. Order of commissioners of highways, laying out highway upon land dedicated for highway purposes. 721. Application for order of commissioner of highways, laying out highway, accompanied by consent of town board and release of damages. 722. Application to commissioners of highways to lay out new highway or to alter or discontinue old highway. 723. Petition to County Court for appointment of commissioners to de- termine necessity for laying out highwaj', etc. 724. Order of County Court appointing commissioners upon petition, form No. 723, • 8i6 Forms Relating to No. 725. Oath of office to be taken by commissioners appointed by order, form No. 724. 726. Notice of time and place of meeting of commissioners, etc., ap- pointed by order, form No. 724. 727. Affidavit of service of- notice of meeting of commissioners ap- pointed to determine the necessity of laying out, etc., highway. 728. Affidavit of applicant to accompany form No. 727. 729. Certificate of decision of commissioners appointed to determine the necessity for laying out, etc., highway, in favor of application. 730. Same certificate denying application. 731. Notice of motion to confirm, etc., commissioners' certificate, form No. 729. 732. Order of County Court confirming, etc., decision of commis- sioners. 733. Certificate of commissioners of highways that highway should be laid out through orchard, etc. 734. Notice of hearing before County Court, upon certificate of com- missioners. 735. Affidavit of service of notice of hearing, form No. 734. 736. Order of County Court confirming certificate of commissioners of highways, form No. 733. 737. Notice of presentation to General Term for confirmation, of order form No. 736. 738. Order of General Term confirming order of County Court affirm- ing certificate of commissioners of highways as to necessity for opening road through orchard, etc. 739. Application for leave to lay out highway upon or through burying ground. 740. Order of County Court directing to whom notice of application to lay out highway through burying ground shall be given. 741. Certificate of disagreement of commissioners of highways of two towns as to laying out, etc., of highway extending into both towns. 742. Order appointing commissioners upon certificate, form No. 741. 743. Report of commissioners appointed to report upon laying out highway between two towns, upon certificate, form No. 741. 744. Order of County Court confirming, etc., report of commissioners, form No. 742. 745. Petition by commissioners of highways for adjustment of diiFer- ence as to new or altered highway. 746. Order of commissioners of highways for laying out a highway on the line between two towns. 747. Order of commissioners of highways, discontinuing highway not opened and worked within six years. 748. Order to open highway which has been used by the public as such for twenty years or more. 749. Notice to owner or occupant of land taken for a highway to re- move his fences. Highways and Bridges. 817 No. 750. Order of commissioners of highways, directing fences to be re- moved from highway and highway to be opened and worked. 751. Notice to occupant of land to remove fallen trees from highway. 752. Notice by commissioners of highways to occupant or owner to re- move encroachment upon or obstruction to highway. No. 719. Application to commissioners of highways for order laying out or opening highway upon land dedicated for that pur- pose. (Laws of N. Y. of 1890, chap. 568, § 80.) The undersigned, a person (or, corporation) assessable for highway labor in the town of , in the county of , hereby applies to the commissioners of highways of the said town, (f) to lay out a new highway of the width of rods,! through lands of F. M. (and E. R.,) (*) who in- tends (or, intend) to dedicate the land hereinafter described for that purpose, and whose release of said land accompan- ies this application and is to be filed and recorded in the town clerk's office with the order of said commissioners lay- ing out such highway, and to become effective from the time of such filing. Said highway is described as follows : Beginning at, etc. (describing such highway by courses and distances, or by such objects and boundaries as may make the route sufficiently definite and certain)." Dated , i . (Signature or signatures.) 1. See note i to next form No. 720. this application, and section 82, id., 2. See section 80 of chapter 568 of as to by whom it may be made. Laws of New York of 1890, as to No. 720. Order of commissioners of highways laying out highway upon land dedicated for highway purposes. (Laws of N. Y. of 1890, chap. 568, § 80.) At a meeting of the commissioners of highways of the town of , in the county of , held at in said town, on the ■. day of , i , it is hereby ordered and determined by the said commissioners, (*) that a high- 103 8i8 Forms Relating to way be laid out in the said town of the width of rods,' on the application of (naming applicant or applicants) accom- panied by a release executed by A. M., the owner (or, A. M. and M. N., etc., the owners) of land for that purpose, dedicated by said owner (or, owners) to said town, for highway pur- poses therein, which release is to be filed and recorded with this order in the town clerk's office of said town ; and the said commissioners have caused a survey of said highway to be made, as follows : The center line of the said highway is to begin at , and to run thence, etc. (here insert the survey). In witness whereof the undersigned commissioners of high- ways of said town have hereunto subscribed their names this day of , I ? (Signatures of commissioners.) Commissioners. 1. By section go of chapter 568 of Laws of New York of i8go, as to this Laws of New York of 1890, no high- order, and see as to form of order of way shall be laid out less than three commissioners of highways note to rods in width. form No. 2. See section 80 of chapter 568 of No. 721. Application for order of commissioners of highways, laying but highway, accompanied by consent of town board and release of damages by owners of land. (Laws of N. Y. of 1890, chap 568, § 80.) As in form No. 720, to (*), and from thence as follows: Whose release of all damages, and the consent of the town board accompany this application, to be filed and recorded herewith in the town clerk's office of said town ; which said highway is described as follows : Beginning at, etc. (describ- ing such highway as in form No. 719).^ Dated , i . (Signature or signatures.) (Annex consent, and release or releases.) I. See section 80 of chapter 568 between such commissioners and of Laws of New York of 1890, as owners, shall not, in any one case, to this application, which may be from any one claimant, exceed $100, granted with the consent of the and from all claimants $500. An town board, when the consideration order of such commissioners, a? for such release, as agreed upon above provided, is final. Highways and Bridges. 819 No. 722. Application to commissioners of highways to lay out new highway, or to alter or discontinue old highway. (Laws of N. Y. of 1890, chap. 568, § 82.) As in form No. 719, to (f), and from thence as follows: To lay out a new highway of the width of rods/ through lands of F. M. (and E. R.), commencing at, etc. (here insert description by courses and distances, or by objects and boundaries, so as to render the proposed route sufficiently definite and certain).^ Dated , i . (Signature of applicant.) [Or, in case of application for alteration or discontinuance of highway, as in form No. 719, to (f), and from thence as follows : To alter (or, discontinue) the highway leading from the house of E. F. to the house of G. H., in said town, (as follows : Describe the proposed alteration in like manner as above specified in case of laying out new road.)' The pro- posed alteration passes through lands of F. M.] Dated , i . (Signature of applicant.) 1, No highway can be laid out less 3. Insert the words in parenthesis than three rods in width. (Laws of only when the application is to alter N. Y. of 1890, chap. 568, § 90.) a highway. 2. See, as to this application, sec- tion 82 of chapter 568 of Laws of New York of 1890. No. 723. Petition to County Court for appointment of commissioners to determine necessity for laying out, etc., highway. (Laws of N. Y. of 1890, chap. 568, § 83.) To the County Court of the county of : The petition of A. B. (or, the A. B. Co.) respectfully shows: That he (or, it) is a person (or, a corporation) assess- able for highway labor in the town of , in the county of 820 Forms Relating to ; that within thirty days before the date of this petition, and on the day of , i , your petitioner' applied in writing to the commissioners of highways of said town for the laying out, etc., of a highway in said town, described in said application as follows, to wit: (describing same) (or, a copy of which application is hereto annexed) ; that said application was made in good faith ; that the land mentioned and described in said appHcation is not dedicated to said town for highway purposes, and has not been released by the owner (or, -owners) thereof, nor have the damages been released by the owners thereof according to law. Your petitioner therefore prays that three commissioners may be appointed by this court pursuant to statute, to determine upon the necessity of such highway proposed to be laid out (or, altered; or, to the uselessness of the said highway, proposed to be discontinued), and to assess the damages by reason of the laying out and opening (or, alter- ing ; or, discontinuing) of such highway ; (that at a meeting of the board of (trustees) of your petitioner, duly convened, a resolution was passed authorizing and directing your peti- tioner to make this application).* (That no previous application has been made by your petitioner for such appointment).^ Dated , i . (Signature of petitioner.) State of New York, ) County of , ) J. W., of , being duly sworn, says that he is the (presi- dent of the (name of corporation) the) petitioner named in the foregoing petition ; that said petition is true to his knowl- edge, except as to the matters therein stated to be alleged upon information and belief, and that as to those matters he believes it to be true. (Jurat, as in form No. 32.) (Signature of petitioner.) I. See section 83 of chapter 568 of 2. See rule 2 of General Rules of Laws of New York of i8go as to Practice in New York State, this petition. See as to filing papers, section 98 of same chapter. Highways and Bridges. 821 No. 724. Order of County Court appointing commissioners upon peti- tion, form No. 723. (Laws of N. Y. of 1890, chap. 568, § 81.) At a term of the County Court of county, held at the (court house) in the (city) of , in and for said county, on the day of , i . Present — Hon. J. B., County Judge. In the Matter of the Petition of A. B. (or, the A. B. Co.,) for the appointment of commissioners to determine upon the necessity for lay- ing out (or, altering ; or, dis- continuing), highway, in the town of . On reading and filing the petition of A. B. (or, the A. B. Co.,) a person (or, corporation) assessable for highway labor in the town of , in the county of , dated i , praying for the appointment of three commissioners by this court, pursuant to statute, to determine upon the necessity of a highway in said town, described in said petition, as fol- lows : (describing same) proposed to be laid out (or, altered, or, to the uselessness of a highway in said town described in said petition as follows : (describe same) and proposed to be discontinued) and to assess the damages by reason of the lay- ing out and opening [or, the altering (or, discontinuing)] of such highway : It is hereby ordered, on motion of P. F., counsel for said petitioner, that P. L. of the town of , G. H., of the town of , and I. J., of the town of , residents of said county but not of the town wherein said highway is located, be and they are hereby appointed as commissioners to deter- mine upon the necessity of the laying out (or, alteration) of such highway (or, as to the uselessness of the said high- 822 Forms Relating to way proposed to be discontinued), and to assess the dam- ages by reason of the laying out, and opening (or, altering ; or, discontinuing) the said highway.' I. See section 84 of chapter 568 of and notes thereto. See section 98 of Laws of New Yorls of 1890, as to same chapter as to filing papers this order, and see also form No. 723, No. 725. Oath of offlco to be taken by commissioners appointed by or- der, form No. 725. (Laws of N. Y. of 1890, chap. 568, § 84.) (Title of proceeding, as in form No. 724.) County of , ss.: We do severally solemnly swear (or, affirm) that we will support the Constitution of the United States and the Con- stitution of the State of New York, and that we will faith- fully discharge the duties of the office of commissioners ap- pointed by order of the County Court in the above entitled proceeding, dated i , according to the best of our ability.' (Signatures of Commissioners.) (Jurat, as in form No. 32.) I. See section 84 of chapter 568 of duties of the commissioners. See Laws of New York of 1890, as to section 98 of same chapter as to ithis oath, and as to the powers and filing papers. No. 726. I^otice of time and place of meeting of commissioners, etc., appointed by order, form No. 724. (Laws of N. Y. of 1890, chap. 568, § 85.) (Title of proceeding, as in form No. "24.) To all whom it may concern : Notice is hereby given that a meeting of the commis- sioners appointed pursuant to the petition of A. B., by an order of the County Court, bearing date on the Highways and Bridges. 823 day o. , I , to determine the necessity for the laying out and opening of a highway in the town of , in the said county described as follows : (describe same) [or,the alteration of the highway in said town leading from , to , as follows : (describe alteration) ; or, the uselessness of the highway in said town proposed to be discontinued, leading from , to ,J will be held at , on the day of , I , at o'clock in the noon, to hear the commissioners of highways of said town, and others interested therein. Such highway runs through the tracts or parcels of land of M. N., O. P., etc' Dated , i . A. B., Applicant. I. See section 85 of chapter 568 of mature age; if they do not reside in Laws of New Yorls of 1890, as to this the same town, or service cannot notice and its contents, which notice be made, a copy thereof is to be is required thereby to be postSd up in mailed to such owner and occupant, if not less than three public places of their post-ofBce address is known to the town, eight days previous to the the applicant or ascertainable by him meeting, and also in like time, to be upon reasonable inquiry. For affi- personally served on the owner or davit of such service, see next form occupant of the land, if they reside No. 727. See section 98 of same in the town, or by leaving the same chapter as to filing papers, at their residence with a oerson of No. 727. Afladavit of service of notice of meeting of commissioners ap- pointed to determine upon the necessity of laying out, etc., highway. (Laws of N. Y. of 1890, chap. 568, § 85.) (Title of proceeding, as in form No. 724.) County of , ss.: A. M., of , being duly sworn, says that on the day of , I , he posted up copies of the annexed notice in (three) public places in the town of , in the county of , and that on the same day he served said notice on M. N., etc., owner (or, owners), and occupant (or, occu- pants) of the lands therein mentioned, residing in said town, 824 Forms Relating to by delivering a copy thereof to him (or, to each of them) per- sonally and leaving the same with him (or, them) [or, by leaving the same at his residence (or, at their respective residences), with a person (or, persons) of mature age]. That on the same day he mailed copies of such notice to F. P., one of said owners (or, occupants) and a non-resident of said town [or, a resident of said town, upon whom service could not otherwise be made by reason of (stating reason)] in the post-office at , directed to said F. P., at , his post-ofifice address, and paid the postage thereupon. That deponent did not know the post-office address of C. R., one of said owners (or, occupants) mentioned in said notice, who does not reside in said town [or, upon whom personal service, or service by leaving said notice at his residence could not be made for the reason, etc. (stating same)], and that the post-office address of said C. R. could not be ascertained by deponent upon reasonable inquiry, to wit : (stating inquiries made). That all of said services, posting and inquiries were made by direction of A. B., the applicant mentioned in said notice.' A. M. (Jurat, as in form No. 32.) I. See section 85 of chapter 568 of affidavit. As to filing papers, see Laws of New York of i8go, as to this section 98, id. No. 728. Affidavit of applicant to accompany form No. 727. (Laws of N. Y. of 1890, chap. 568, § 85.) County of — , ss.: A. B., of , being duly sworn, says that he was unable to mail a copy of the annexed notice to C. R., one of the owners (or, occupants) of lands mentioned therein, who does not reside in the town of [or, a resident of said town, upon whom personal service thereof or service thereof by leaving a copy of the same at his residence could not be made, for the reason that, etc. (stating same)], as his post- office address was not known to deponent, and could not be Highways and Bridges. 825 ascertained by him upon reasonable inquiry made by his direction by A. M., as stated in his annexed affidavit.^ (Jurat, as in form No. 32.) A. B. (Annex affidavit, form No. 727.) I. See section 85 of chapter 568 of affidavit. See section 98, id., as to Laws of New York of 1890, as to this filing papers No. 729. Certifleate of decision of commissioners appointed to deter- mine the necessity for laying out, etc., highway in favor of application. (Laws of N. Y. of 1890, chap. 568, §§ 84, 86, 88.) (Title of preceding,, as in form No. 724.) We, the undersigned, commissioners appointed by order of the County Court, in the above entitled proceeding, to determine the necessity for laying out (or, altering, etc.) the highway (or, the uselessness of the highway) mentioned and described in the annexed notice, which highway passes through the lands of M. N., O. P. and P. R., having ap- peared at the time and place specified in said notice, and having taken the constitutional oath of office annexed hereto, and having proceeded to and personally examined the route of such highway, and heard all the reasons that were offered for and against the laying out of (or, alteration (or, discontinuance) of) the same, do hereby certify that we are of the opinion, and have determined, and do hereby determine, that the laying out (or, alteration) of the said highway applied for and described in the annexed notice is (*) necessary and proper (or, that the highway proposed to be discontinued and described in the annexed notice is useless). And we further certify that we having viewed the premi- ■ ses and heard the allegations of the parties and the evidence of the witnesses, do thereupon determine and assess the damages required to be assessed on the laying out, etc., of said highway, as follows, to wit : The damages of M. N., at the sum of dollars. The damages of O. P., at the sum of dollars. The damages of P. R., at the sum of dollars. 104 826 Forms Relating to And we further certify that we have reduced to writing all oral evidence given before us upon the subject of the assess- ment of damages, which evidence is hereto annexed, and have made duplicates of this certificate. In witness whereof, we have hereunto set our hands this day of , I } (Signatures of commissioners.) Commissioners. (Annex minutes of evidence, oath and notice.) I. See sections 84 and 86 of chap- through his other lands in place of ter 568 of the Laws of New York of the discontinued highway. i8go, as to this certificate; and see The commissioners are required by People, ex rel. Mann, v. Mott (2 Hun, section 84, above referred to, to make 672; aif'd, S. C, 60 N. Y. 649); duplicate certificates of their decision, Woolsey v. Tompkins (23 Wend, and file one in the town clerk's office 324); People, ex rel. Thomas, v. Com- of the town, and the other, with the missioners of Milton (37 N. Y. 364), minutes and evidence, in the county decided under former statutes, re- clerk's office of the county in which pealed by that chapter. the highway or proposed highway is By section 87 of said chapter 568 located, the owner of lands within the bounds As to costs in cases of assessments of a highway discontinued may in- of damages by commissioners ap- close the same and have the exclu- pointed by the court, and as to com- sive use thereof, and the benefits re- pensation of such commissioners, see suiting therefrom may be deducted section 92 of same chapter. As to in the assessment of damage caused filing papers, see section 98, id. by the laying out of a highway No. 730. Certificate of decision of commissioners appointed to deter* mine the necessity for laying out, etc., highway, denying application. (Laws of N. Y. of 1890, chap. 568, §§ 84, 88.) As in last form No. 729, to (*) and from thence as follows : not necessary or proper (or, that the highway proposed to be discontinued and described in the annexed notice is not use- less).' In witness, etc., (as in form No. 681.) (Signatures of commissioners.) Commissioners. I. See sections 84 and 88 of chap- note to last form, No. 729. See sec- ter s68 of Laws of New York of tion 98 of same chapter as to filing 1890, as to this certificate, and see papers. Highways and Bridges. 827 No. 731. Notice of motion to conflrm, etc., commisBioners' certificate, form No. 730. (Laws of N. Y. of 1890, chap. 568, § 89.) (Title of proceeding, as in form No. 724.) Take notice, that the undersigned, a person interested in the above entitled proceeding as applicant therein [or as a property owner, (or, state other interest)] will apply to the County Court of county, at a term of said court to be held at, etc., on, etc., at the opening of the court on that day, (or, at o'clock in the noon, of that day) or as soon thereafter as counsel can be heard for an order confirming (or, vacating, or, modifying) the decision of the commission- ers appointed in said proceeding by order of said court dated , I , which decision was filed in the town clerk's office of the town of , on the day of , i , and for such other or further relief as may be proper. That said motion will be made upon the said report, a copy of which is herewith served upon you (and upon all other papers and proceedings in said proceeding, including the testimony annexed to the duplicate of said decision filed in the county clerk's office of said county, on the day of , I y Yours, etc., A. M., Attorney for said . To (naming adverse parties). (Office address.) I. By section 89 of chapter 568 of decision of the County Court shall be Laws of 1890 this application may final, excepting that a new hearing be made by any party interested in may be ordered in case the decision the proceeding within thirty days is vacated, before the same or other after the decision of the commission- commissioners. If no such motion ers shall have been filed in the town is made the decision of the commis- clerk's office and is to be brought on sioners shall be deemed final. If the upon the service of papers upon ad- final decision is adverse to the appli- verse parties in the proceeding, ac- cant, no other application for laying cording to the usual practice of the out, altering or discontinuing the court in actions and special proceed- same highway shall be made within ings, pending therein; the court may two years. See as to filing papers confirm, vacate or modify the decis- section 98 of same chapter, ion upon such application and the 828 Forms Relating to No. 732. Order of County Court confirming the decision of commis- sioners, form TSo. 731. (Laws of N. Y. of 1890, chap. 568, § 89.) At, etc., as in form No. 724. (Title of proceeding, as in form No. 724.) On reading the decision of the commissioners appointed by this court in the above entitled proceeding by order dated , I , determining that the (alteration of the) high- way mentioned in the petition therein is necessary [or, that the highway proposed to be discontinued herein is (not) use- less] which decision bears date on the day of , i , and was filed in the town clerk's office of the town of ■, on the day of , i , and a duphcate thereof was filed in the county clerk's office of the county of , with the minutes of the evidence taken by them and proceedings had before them ; and on reading and filing (name other papers read upon application) together with notice of this motion and proof of due service thereof and of a copy of said decision upon the adverse parties to this proceeding, and on motion of A. P., of counsel for (name moving party), and after hearing, etc., and on reading and filing (name any oppos- ing affidavits, etc.), It is ordered, that the said decision be and the same is hereby, in all respects, confirmed [or, vacated ; or, modified in the following particulars (stating same)]. And it is further ordered, pursuant to statute, that an- other hearing of said matter be had before the said commis- sioners (or, before F. P., N. C. and R. F., who are hereby appointed commissioners for the purpose of such rehearing).^ And it is further ordered, that, etc. (insert any provisions regarding costs).^ 1. See section 89 of chapter 568 of a motion to confirm, vacate or modify Laws of New York of 1890, cited in the report of commissioners ap- note I to last form, No. 731, as to this pointed by the court to lay out, alter order. As to entry and filing of same, or discontinue a highway, may be see section 98, id. allowed in the discretion of the court 2. By section 152 of chapter 568 of not exceeding fitty dollars. Laws of New York of i8go, costs of Highways and Bridges. 829 No. 733. Certificate of commissioners of highways, that highway should be laid out through orchard, etc. (Laws of N. Y. of 1890, chap. 568, § 90.) To the County Court of the county of : We, the undersigned, commissioners of highways of the town of , in the county of , do hereby certify, pur- suant to statute, that the pubHc interest will be greatly promoted by the laying out and opening of a highway in said town through the orchard (or, garden ; or, grape vineyard) of A. B., a resident of the town of , in the county of , which said orchard is of the growth of (four) years and upwards [or, which garden ; (or, grape vineyard) has been cultivated for (one) year and upwards and used in good faith for vineyard purposes] [or, through the building, to wit : the dwelling house owned by A. B.; or, through (a yard or in- closure necessary to the use or enjoyment of) the fixtures (or, erections) for the purposes of trade (or, manufactures), to wit : (describing said fixtures or erections) of A. B.], which said orchard, etc., is situated in the of , in the town of , and is a part of the lot of said A. B., (which is occu- pied by C. D.)^ and is described as follows, to wit : (insert brief description of lot). That said A. B. has not consented to the opening of said highway through said orchard, etc., and that commissioners appointed by the County Court of county, pursuant to section 84 of chapter 568 of the Laws of New York of 1890, have certified, according to law, that said highway is necessary. In witness, etc. (as in form No. 681).^ (Signatures of commissioners.) Commissioners. 1. Insert these words in paren- chapter 568 of Laws of New York of thesis when the owner does not 1890, and note i to next form, No. reside in the county. 733. As to filing papers, see section 2. See as to this certificate and pro- 98 ofesame chapter, ceedings thereupon, section 90 of 830 Forms Relating to No. 734. Ifotico of hearing before CoTinty Court, upon cortiflcate of commissioners, form liTo. 733. (Laws of N. Y. of 1890, chap. 568, § 90.) (Title of proceeding, as in form No. 736.) To. A. B., owner (or, C. D., occupant) of the premises men- tioned in annexed certificate : You are hereby notified to appear before the County Court of county, at a term of said court to be held at, etc., on, etc., at the opening of the court on that day (or, at o'clock in the noon of that day), or as soon there- after as counsel can be heard, to attend the hearing in the matter of the certificate of the undersigned, commissioners of highways of the town of , in the county of , made in the above proceeding, a copy of which is hereto an- nexed.^ Dated , i . (Signatures of commissioners.) (Commissioners.) (Annex copy certificate.) I. See, as to this notice, section go 530); Carris v. Commissioners of of chapter 568 of Laws of New York Waterloo (2 Hill, 443); People, ex rel. of 1890. See, also, as to proceeding Williams, v. Kingman (24 N. Y. 559); generally, People, ex rel. Bodine, v. People, ex rel. Cooke, v. Commis- Goodwin (5 N. Y. 568); Noyes v. sioners of Greenburgh (57 id. 519); Chapin (6 Wend. 461); People, ex rel. People, ex rel. Stanton, v. Horton (8 Ottman, v. Commrs. of Seward (27 Hun, 357); Matter of James (43 id- Barb. 94); People, ex rel. Martin, v. 67); People, ex rel. Waterman, v. Albright (14 Abb. 305; S. C, 23 Schellenger (32 N. Y. State Rep. How. Pr. 396); Ex parte Clapper (3 353; S. C, 10 N. Y. Supp. 947). de- Hill, 458); Mohawk and Hudson cided under previous statutes re- Railroad Co. V. Artcher (6 Paige, 83); pealed by chapter 568 of Laws of Lansing v. Caswell (4 id. 519); Peo- 1890. As to filing papers, see sec- pie, ex rel. Miller, v. Comes (i Hun, tion 98, id. Highways and Bridges. 831 No. 735- Affidavit of service of notice of hearing, form No. 734. (Laws of N. Y. of 1890, chap. 568, § 90.) (Title of proceeding, as in form No. 736.) — County, ss.: M. F., of , being duly sworn, says : That on the day of , I , in the town of , in the county of , he served the annexed notice on A. B., the owner (or, upon C. D., the occupant) of the premises mentioned in said notice, and to whom said notice is directed, by delivering a copy of said notice to said A. B. (or, C. D.) personally, and leaving the same with him. That he knew the person so served to be the said A. B. (or, C. D.).' M. F. (Jurat as in form No. 32.) I. See section go of chapter 568 of affidavit, and see generally as to pro- Laws of New York of iSgo, as to this ceeding, note i to form No. 734. No. 736. Order of County Court conflrming certificate of commisBion- ers of highways, form No. 733. (Laws of N. Y. of 1890, chap. 568, § 90.) At, etc., as in form No. 724. In the matter of the certifi-" cate of the commissioners of highways of the town of , in the county of , as to the necessity of lay- ing out a highway through the (orchard) of A. B., in said town. On reading and filing the certificate of B. F., etc., com- missioners of highways of the town of , in the county of , dated , i , by which it appears that the public interest will be greatly promoted by the laying out 832 Forms Relating to and opening of a highway through the orchard (etc.) of A, M., a resident of the (said) town of , in the county of , and on reading the certificate of the commissioners appointed by this court by order of , i , that such highway is necessary, together with the proofs and proceed- ings taken and had before said last mentioned cpmmission- ers, and on filing due proof of service of a copy of said certificate of said commissioners of highways and of no- tice to appear at this term of this court upon said A. M., (or, upon C. D., the occupant of said land) (more than) eight days since, and on motion of E. F., counsel for said commis- sioners, after hearing G. H., counsel for said A. M. (or, no one appearing to oppose), and on filing (describe any oppos- ing papers) : It is hereby ordered that the decision of said commission- ers of highways, contained in said certificate, be and the same is hereby in all respects affirmed, and that the high- way mentioned and described in said certificates be laid out and opened, this court having deemed the same to be neces- sary and proper.' I. See section 90 of chapter 568 of as to this proceeding generally. See Laws of New York of i8go, as to this section g8, id., as to filing and entry order; and see note to form No. 731, of order. No. 737- ]!!°otice of presentation to General Term for confirmation, of order, form No. 736, (Laws of N. Y. of 1890, chap. 568, § 90.) (Title of proceeding, as in form No. 736.) Sir — Take notice that the order of the County Court of county, made in the above entitled proceeding, dated I , a copy of which is hereto annexed and herewith served upon you, will be presented by the commissioners of highways of the town of , in the county of - — ■, for confirmation, and a motion will be made for the confirmation thereof, at a General Term of the Supreme Court, in the judicial department, to be held at the of , on the Highways and Bridges. 833 day of , I , at o'clock in the noon of that day (or, at the opening of the court on that day), or as soon thereafter as counsel can be heard. That said motion will be made upon said order, with the certificate and proofs upon which it was granted, certified by said County Court, to said General Term of the Supreme Court* (copies of which certificate and proofs are herewith served upon you.)^ Yours, etc., F. S. Attorney for said commissioner of highways. (Office address.) To (G. P., Attorney for said) A. B. or C. D. 1. See section go of chapter 568 of 2. It may not be necessary to serve Laws of New York of i8go, as to this copies of the certificate and proofs notice, and see note i to form No. 731, with the notice of motion, generally as to this proceeding. As to filing papers see section 98, id. No. 738. Order of General Term eonflrming order of County CoTzrt afSmung certificate of commissioners of highways as to necessity for opening road through orchard, etc. (Laws of N. Y. of 1890, chap. 568, § 90.) At a General Term of the Supreme Court, held at , in the (city) of * , on the day of , i , in and for the judicial department. Present — Hon. F. P., Presiding Justice, and Hons. W. M. and P. C, Justices. (Title of proceeding, as in form No. 736.) On reading and filing the order of the County Court of county, dated , i , made in the above entitled proceeding, affirming the certificate of the commissioners of highways of the town of , in the county of , to- gether with proof of due service of notice of this motion upon A. M., etc. (naming persons on whom notice has been served), and upon reading and filing (name other papers 105 834 Forms Relating to read), and on motion of N. P., counsel for the said commis- sioners, and after hearing R. P., counsel for said A. B., etc., the (owners) of the premises mentioned in said certificate and on reading and filing (name papers filed in opposition to motion) (or, no one appearing to oppose) : It is hereby ordered, that the said order of the said County Court of county be and the same is hereby (confirmed). And it is further ordered, that (add any further provisions as to costs, etc., that may be required).' I. See section go of chapter 568 of planted, or to buildings, fixtures, Laws of New York of i8go, as to erections, yards or inclosures, made this order. If the General Term shall or placed on such land after an appli- confirm the order of the County Cpurt cation for the laying out and opening the commissioners of highways shall the highway shall have beeji made, then lay out and open such highway See, also, note i to form No. 731, as in other cases. generally, as to this proceeding, and The provisions of said section go section 98, id., as to filing papers, are not applicable to vineyards No. 739. Application for leave to lay out highway upon or through burying ground, (Laws of N. Y. of 1890, chap. 568, § 91.) To the County Court of county : The petition of E. M., etc. (commissioners of highways of the town of , in the county of ),' respectfully shows : That your petitioners are such commissioners of highways (or, are residents of said town and assessable for highway labor in said town). That they desire to lay out a highway in said town (upon the application of R. F.) (or, that a high- way in said town should be laid out) from to (and have applied to the commissioners of highways of said town to lay out the same). That said highway will pass through the burying ground situated upon the farm belonging to R. P., in said town (describing same). That the remains of persons are interred therein, and as nearly as your petitioners can ascertain the names of the said persons were (naming them) and, so far as your petitioners have been able Highways and Bridges. 835 to ascertain the names and residences of the relatives of said deceased persons are as follows: (stating them) [add any further particulars to enable the court to determine to whom notice should be given]. ^ And your petitioners therefore pray, etc. Dated , i . (Signatures of applicants.) (Verification, as in form No. 723.) 1. The statute does not provide by By that chapter, chapter 843 of 1868 -whom theapplication should be made, upon the same subject is repealed. 2. See section 91 of chapter 568 of See as to filing and recording papers. Laws of 1890, as to this application, section 98,, id. No. 740. Order of County Court directing to whom notice of application to lay out highway through tatirying ground shall be given. (Laws of N. Y. of 1890, chap. 568, § 91.) At, etc., as in form No. 724. In the matter of laying out" and constructing a highway through the burying ground in the town of , situated, etc. (briefly describing it). On reading and filing the petition, dated , I , of E. M., etc. (commissioners of highways of the town of , in the county of ), praying (state prayer of petition, form No. 739), and on motion of C. E., counsel for said E. M., It is hereby ordered, that notice of the application to be made upon said petition be given to (naming parties and giving their residences).^ I. See section 91 of chapter 568 of order, and see section 98, id., as to Laws of New York of 1890, as to this filing and entry of same. No. 741. Certificate of disagreem.ent of commissioners of highways of two towns as to laying out, etc., of highway extending into both towns. (Laws of N. Y. of 1890, chap. 568, § 94.) At a meeting of the commissioners of highways of the town of , in the county of [or, of the (trustees) of 836 • Forms Relating to the (village) of , in the county of , having the powers of commissioners of highways], and of the commis- sioners of highways of the town of , in the county of [or, of the (trustees) of the (village) of , in the county of , having, etc. (as above)], held at the said (town) of , on the day of , i , upon five days' writ- ten notice, specifying the time and place, the said (commis- sioners) having differed relating to the laying out of a new highway hereinafter mentioned and described (or, state other subject of difference), (*) and the said (commissioners) hav- ing failed to agree, at said meeting, relating to (the laying out of said highway) extending into both of said (towns), to wit : The highway leading from the house of A. B., in said (town) of , to the house of C. D., in said town of . Now, therefore, we, the said (commissioners of highways) do hereby certify, pursuant to statute, to the County Court of county (or, to the Supreme Court), ^ that we cannot agree as to the (laying out of said highway). In witness whereof, we have hereunto set our hands this day of , I . (Signatures of commissioners, etc.)^ Commissioners of Highways of the town of , in the county of . (Signatures of Commissioners.) Commissioners of Highways of the town of , in the county of . [Or, in case they agree upon the highway at said meeting, proceed as above to (*), and from thence as follows : And the said (commissioners) having agreed, at said meeting, upon the (alteration of) said highway, it is hereby ordered and determined by the said (commissioners) that a highway be laid out extending from (the house of A. B., in said (town) of , to the house of C. D.), in said town of , accord- ing to a survey thereof which the said (commissioners) have caused to be made, as follows ; (insert survey), and that said line above described be the center of said highway, and that Highways and Bridges. 837 said highway be of the width of (three) rods (or, state other determination.)] In witness, etc. (as above). (Signatures of commissioners, etc.) Commissioners of Highways of the town of , in the county of . (Signatures of commissioners.) Commissioners of Highways of the town of , in the county of •. 1. See note 3 to this form as to the court. 2. See section 94 of chapter 568 of Laws of New York of i8go, by which act, chapter 16 of part i of the Re- vised Statutes is repealed, as to this certificate. See, also, People, ex rel. Clarkson, v. Nelson (26 How. Pr. 347). And see section 98, id., as to i&ling same. 3. By the same section either or both of the boards may certify to the fact of their disagreement to the County Court of the county if the proposed highway is all in one county or if in different counties, or if the countyjudge is disqualified orunable to act, to the Supreme Court. No. 742. Order appointing commissioners upon certificate, form ITo. 741. (Laws of N. Y. of 1890, chap. 568, § 94.) At, etc., as in form No. 724. In the matter of the appoint- ment of commissioners, upon the disagreement of (commissioners of high- ways) of the (town) of , in the county of , and of the town of in the (said) county of , as to laying out a highway (or, altering a highway) extend- ing into both towns. On reading and fihng the certificate of the (commissioners of highways) of the (town) of , in the county of , 838 FORMS Relating to and of the (town) of in the (said) county of , dated , I , that the said commissioners ciinnot agree as to the laying out (or, altering) of the highway leading from (the house of A. B., in said town of , to (the house of C. D.) in said town of , mentioned in said certificate, and upon the application of G. H., of counsel for the said commis- sioners of highways, it is hereby ordered, pursuant to the statute in such case made and provided, that C. R., residing in the town of , in (said) county of , and G. I., residing in the town of , in (said) county of and M. L., residing in the town of , in the said county of , freeholders, be and they are hereby appointed as commissioners, who shall, upon due notice to all persons in- terested, view the said road and take such evidence as they shall deem proper, and shall have power and authority to decide, subject to the approval of this court, in the manner provided by law, all questions that shall arise on such hearing as to the laying out (or, altering) said highway, its location, width, grade and character of road and road-bed, or any point that may come up relating thereto ; and in case they decide to open (or, alter) said highway, they shall, ascertain and appraise the damages, if any, to the individual owners and occupants of the lands through which said high- way (or, altered highway) is proposed to pass, and shall report such evidence and decision to this court, with their assessment or award of damages, if any, with all convenient speed.* I. See section 94 of chapter 568 of way is located; or if it be between Laws of New York of 1890, as to two counties, then freeholders of this order. The commissioners are another county. As to entry of or- required to be freeholders of the der. and recording same, see section county, not residents of the same gS, id. town, village or city where the high- Highways and Bridges. 839 No. 743. Report of commissioners appointed to report upon laying out highway between two towns as to which the commissioners of highways of the towns have certified to their disagree- ment. (Laws of N. Y. of 1890, chap. 568, § 94.) (Title of proceeding, as in last form, No. 742.) To the County Court of county (or, to the Supreme Court) : We, the undersigned, commissioners duly appointed by order of said court, made in the above entitled proceeding, dated , i , do hereby respectfully report: That having given due notice to all the persons interested, we have viewed the highway mentioned in said order, and have taken such evidence as we have deemed proper, and that we have decided to open (or, alter) the said road ac- cording to a survey which we have caused to be made thereof, as follows : Beginning, etc. (here insert survey) and that the said line above described be the center line of said highway, and that the said highway be of the width of (three) rods. And we further report that we have ascertained and ap- praised the damages to which the individual owners and oc- cupants of the lands through which said highway as laid out (or, altered) ig proposed to pass are entitled as follows : The damages to which M. N. is entitled, at the sum of dollars. The damages to which C. P. is entitled, at the sum of dollars. The damages, etc. (as above, as to each owner and occu- pant). (Or, that none of the individual owners or occupants of lands through which such highway as laid out (or, altered) is proposed to pass, are entitled to be awarded any damages therefor.) We have annexed to this our report the evidence taken by us as aforesaid, which is marked " Schedule A." 840 Forms Relating to And we further report that the number of days actually employed by us as such commissioners is days each. All of which is respectfully submitted.* Dated , i . (Signatures of commissioners.) Commissioners. I. See section 94 of chapter 568 of this report, and see section 98, id., as Laws of New York of 1890, as to to filing same. No. 744. Order of County Court confirming etc., report of commission- ers, form No. 743. (Laws of N. Y. of 1890, chap. 568, § 94.) At, etc., as in form No. 724. (Title of proceeding, as in form No. 742.) On reading and filing the report of the commissioners heretofore appointed by order of this court, made in the above entitled proceeding, dated , i , and on motion of P. R., counsel for the commissioners of highways by whom application was made for the appointment of said commissioners, and due notice of this application having been given to the parties interested and who have appeared in this proceeding, and after hearing M. P., of counsel for said commissioners of highways, and R. T., of counsel for, etc., (or no one appearing to oppose) and on reading (name ' any paper read in opposition to motion) : It is hereby ordered, that said report be and the same is hereby in all respects confirmed (or, state other disposition of the report.)' I. See section 94 of chapter 568 of All orders and decisions made in the Laws of New York of 1890, as to this matter shall be filed in the county order. The court may confirm, clerk's office of each county where modify or set aside the report in the highway is located, and shall be whole or in part, and may order a duly recorded therein. See, also, ■ new appraisal by the same or other note to form No. 739, as to the pro- commissioners, and shall decide all ceeding generally; and as to filing questions that may arise before it. papers, see section 98, id. Highways and Bridges. 841 No. 745. Petition by commissioners of highways for adjustment of differences as to new or altered highway. (Laws of N. Y. of 1890, chap. 568, § 95.) To the County Court of county (or, to the Supreme Court) ■} The petition of A. M., etc., commissioners of highways of the town of , in the county of (or, otherwise de- scribe petitioners), respectfully shows : That they are such commissioners, etc. That they desire to make a new (or, an altered) highway, extending beyond the bounds of said town, etc., to wit : a better highway than is usually made for a common highway with a special grade of (state same) [or, with a special road-bed, drainage, etc., describing same]. That they are willing to bear the whole [or, a part, to wit : (state what part)] of the expense thereof beyond such bounds, but that they cannot agree in regard to the same, with, etc. (stating parties and points of differ- ence, etc.). And your petitioners pray that this court will make an equitable adjustment of the matters aforesaid, and will direct, that in consideration of the payment of such portion of the additional expense by the said (town) of , as shall be equitable, its officers, contractors, servants and agents may go into said town, etc., of , and make the grade and road- bed, and do whatsoever may be necessary and proper for the completion of such better highway, advancing the money to do so, and that such further and other proceedings may be had as are 'authorized by law and by the statute in such case made and provided.' Dated , i . (Signatures of petitioners.) (Verification by one or more of the petitioners, as in form No. 723.) I. See section 95 of chapter 568 of be appointed under this petition and Laws of New York of 1890, as to this their proceedings are to be conducted proceeding and petition. By that in the manner prescribed by section act chapter 16 of part first of the Re- 94 of said chapter 568. See forms vised Statutes, relating to the subject, Nos. 742-744. Also see section 98, is repealed. Commissioners are to Id., as to filing papers. 106 842 Forms Relating to No. 746. Order of commissioners of highways for laying out a highway on the line between two towns. (Laws of N. Y. of 1890, chap. 568, § 97.) At a meeting of the commissioners of highways of the towns of , and , in the county of , held in the said town of , on the day of ,. i , for the pur- pose of laying out a highway upon the line between the said two towns, it is ordered and determined by the said commis- sioners that a highway be laid out on the line between the said towns-, or as near thereto as the convenience of the ground will admit, according to a survey thereof which the said commissioners have caused to be made, as follows, (in- sert survey) and that the said line, as above described, be the center of the said highway, and that the said highway be of the width of (three) rods. And it is further ordered, that the said highway be di- vided into (two) highway districts, as follows: That part thereof from to , shall be one of the said highway districts, and shall be allotted to the said town of , and the residue of said highway shall be the other of said, highway districts, and shall be allotted to the said town, of . In witness whereof, the said commissioners, etc., (as in form No. 720).^ (Signatures of commissioners.) Commissioners of Highways of the town of . (Signatures of commissioners.) Commissioners of Highways of the town of . I. See section 97 of chapter 568 of ing it in repair; and the commission- Laws of New York of i8go. Each ers of highways shall cause the high- district is by that section to be con- way, and the partition and allotment sidered as wholly belonging to the thereof to be recorded in the office of town to which it shall be allotted, the town clerk in each of their re- fer the purpose of opening and im- spective towns, proving the highway, and for keep- Highways and Bridges. 843 No. 747. Order of commissioners of highways discontinuing highway not opened and worked within six years. (Laws of N. Y. of 1890, chap. 568, § 99.) As in form No. 750, to (*), and from thence as follows : (upon the application of A. B.) for the discontinuance pf the highway hereinafter described, and it appearing that said highway has not been opened and worked within six years from the time at which it was dedicated to the use of the public (or, laid out) [or, has not been traveled or used as a highway for six years], and the said commissioners having caused a survey of said highway to be made, as follows, to wit (insert survey), it is ordered and determined by the said commissioners, pursuant to law, that said highway has ceased to be a highway, and the same is accordingly hereby discon- tinued. In witness, etc. (as in form No. 720). ^ (Signatures of commissioners.) (Commissioners.) I. See section 99 of chapter 568 of in the town clerk's ofHce of the town. Laws of New York of 1890, as to and the highway is thereby discon- this order, which is to be recorded tinned. No. 748. Order to open highway which has been used by the public as such for twenty years or more. (Laws of N. Y. of 1890, chap. 568, § 100.) As in form No. 750, to (*) and from thence as follows : it having appeared to the said commissioners that the land in said town hereinafter described has been used by the public as a highway, leading from to , for the period of (more than) twenty years, but has not been recorded, it is hereby ordered by the said commissioners that the overseers of highways of said town open such land as a highway. 844 Forms Relating to which highway, according to a survey which they have caused to be made thereof, is hereby described as follows, to wit : Beginning, etc. (insert survey), and that the line of said survey be the center of said highway, and that said highway be of the width of (two) rods. In witness, etc. (as in form No. 720).^ (Signatures of commissioners.) Commissioners. I. See section 100 of chapter 568 of twenty years or more are to be opened Laws of New York of i8go. Such to the width of at least two rods, highways used by the public for No. 749. ITotice to owner or occupant of land taken for a highway, to remove his fences. (Laws of N. Y. of 1890, chap. 568, § loi.) To A. B., etc. (naming owner or occupant) : You will please take notice that we, the undersigned, the commissioners of highways of the town of , in the county of , having, by an order duly made, dated , I , and filed and recorded in the town clerk's office of said town on the day of ■, i , laid out a high- way through inclosed (or, improved, or, cultivated) lands in said town, owned (or, occupied) by you, do hereby, pursuant to statute, require you to remove your fences from within the bounds of said highway within thirty days after the ser- vice of this notice upon you.' , Dated , i . (Signatures of commissioners.) Commissioners. I. See section loi of chapter 568 days, the commissioners shall cause of Laws of New York of 1890, as to them to be removed, and shall di- this notice; if the owner shall not rect the highway to be opened and remove his fences within the thirty worked. Highways and Bridges. 845 No. 750. Order of commissioners of highways directing fences to be removed from highway, and highway to be opened and worked. (Laws of N. Y. of 1890, chap. 568, § loi.) At a meeting of the commissioners of highways of the town of , in the county of , held at , in said town, on the day of , l , (*) it is hereby ordered that the fences of A. B., etc., upon land owned or occupied by them, through which the highway leading from to has been laid out by said commissioners, which said fences have not been removed by said owners or occupants, although notice to remove the same has been given to them according to law, more than sixty days since, be removed, ^ and that the said highway be opened and worked.^ (Signatures of commissioners. Commissioners. I. See section loi of chapter 568 of Laws of New York of 1890, as to this order. No. 751. Notice to occupant of land to remove fallen trees from high- way. (Laws of N. Y. of 1890, chap. 568, § 103.) To A. B., owner (or, occupant) of land situated in the town of , in the county of : You are hereby notified pnrsuant to statute to remove from the highway leading from to , the tree which has fallen into the said highway from your inclosed land, such removal to be made within two days from the time of the ser- vice of this notice upon you ; and that if such tree shall not be removed within that time, but shall continue in the high- way you will forfeit the sum of fifty cents for every day thereafter, until the said tree shall be removed.' Dated , i . M. N. I. See section 103 of chapter 568 of Laws of New York of 1890, as to this notice and its effect. 846 Forms Relating to No. 752. Ifotioe by commissioners of highways to occupant or owner to remove encroachment upon or obstruction to highway. (Laws of N. Y. of 1890, chap. 568, § 105.) To A. B., owner (or, occupant) of lands situated in the town of , in the county of : You are hereby notified pursuant to statute, that the high- way in said town, leading from [the house of C. D. in said town to the house of E. F. in said town] is encroached upon to the extent of a strip of land feet in length and feet in breadth on the (easterly) side thereof along the lands owned by you (or, in your occupation) by a (stone fence) which forms part of the inclosure of said land [or, is ob- structed by (state obstruction, e. g:) a gate erected by you. across the same at a point in said highway opposite to your lands (or, otherwise name the place of obstruction) the ex- tent of which obstruction is the width of said gate, viz : feet] and that you are directed and required, according to the statute in such case made and provided, to remove the said fence (or, gate, etc.,) within (sixty)' days after service of this notice upon you.^ Dated , i . Yours, etc. (Signatures of commissioners.) Commissioners. 1. Not more than sixty days. croachments at the expense of the 2. See section 105 of chapter 56S town, which may be recovered by ac- of Laws of New York of 1890, as to tion, of such owner or occupant; or this notice. By that section if such the commissioners may bring an ac- owner or occupant shall neglect or tion in any court of competent juris- refuse to remove such obstruction or diction, to compel such owner or encroachment within the time speci- occupant to remove such obstructions fied in such notice, he shall forfeit or encroachment; such actions by to the town the sum of twenty-five commissioners of highways, are to dollars; and the commissioners may be brought in the name of the town, remove such obstructions or en- Highways and Bridges. 847 Article 2. Forms Relating to Laying out Private Roads. (Laws of N. Y. of 1890, chap. 568, art. 4.) No. 753. Application to lay out private road 754. Notice of application to lay out private road, and of time and place for selection of a jury. 755. Affidavit of service of notice on owners and occupants of l^nds. 756. List of jurors to be presented by commissioners in opening private road. 757. Summons for jury to determine necessity for private road, etc. 758. Oath to be administered to jurors to determine necessity for private road, etc. 75g. Verdict of jury appointed to determine such necessity. 760. Certificate of commissioners of highways that private road has been laid out. 761. Application to County Court by owner or occupant, for order confirming, etc., decision of jury, form No. 759. 762. Order of County Court, confirming, etc., such decision. No. 753. Application to lay out private road (Laws of N. Y. of 1890, chap. 568, § 106.) I, the undersigned, a person (or, The A. B. Company, a corporation) assessable in the town of , in the county of , hereby make (or, makes) application, pursuant to stat- ute, to the commissioners of highways of said town, to lay out a private road for my (or, its) use, commencing, etc. (de- scribe same, giving location, width, courses and distances, as in form No. 719), and passing through the lands of C. D., of said town.' Dated , i , A. B. (or. The A. B. Company, by A. F., its President.) I. See section 106 of chapter 568 of to the commissioners of highways of Laws of New York of 1890, as to the town in which it is to be located.' this application, which is to be made 848 Forms Relating to No. 754- Notice of application to lay out private road, and of time and place for selection of a jury. (Laws of N. Y. of 1890, chap. 568, § 108.) An application having been made to the undersigned, com- missioners of highways of the town of , in the county of , for the laying out,of a private road in said town, a copy of which application is hereto annexed, and said com. missioners (or, commissioner) having appointed a time and place, as hereinafter mentioned, when a jury will be selected for the purpose of determining upon the necessity of such road, and to assess the • damages by reason of the opening thereof, you are hereby notified, pursuant to statute, that the said time and place for the selection of such jury will be at (the office of said commissioners), in the said town of , on the day of , i , at o'clock in the noon.^ Dated i . (Signatures of commissioners. Commissioners. (Annex copy application, form No. 753.) I. See section 108 of chapter 568 of Laws of New York of 1890, as to this notice. , No. 755. Affidavit of service of notice on owners and occupants of lands. (Laws of N. Y. of 1890, chap. 568, § 109.) In the matter of opening a " private road in the town of , in the county of , ^ upon the application of A. B. County, ss.: A. B., of , being duly sworn, says: That on the day of , I , at , he served the annexed notice and Highways and Bridges. 849 application upon M. N. and P. L., residents of the town of , in the county of , to whom such notice is addressed, by dehvering to each of them copies thereof (or, by leaving copies thereof at the respective dwelling houses of said M. N. and P. L., in said town of , they being absent from their said dwelling houses at the time of such service). (Or, by depositing (two) copies thereof in the post-office at , in the town of , properly inclosed in envelopes, one of them addressed to said M. N., at his place of resi- dence in the town of , in the county of , and the other addressed to said P. L., at his place of residence in the town of , in the county of , and paying the postage thereon). (Or, by delivering to F. N., the father (or, mother ; or, guar- dian) of said M. N., a copy thereof, said M. N. being an in- fant.)i A. B. (Jurat, as in form No. 32.) (Annex copy notice.) I. See section log of chapter 568 of the notice, or the next day there- of Laws of New York of 1890, as to after, excluding Sundays and holi- this affidavit. The service is to be days, made on the same day of his receipt No. 756. last of jurors to be presented by commissioners in opening private road. (Laws of N. Y. of 1890, chap. 568, § no.) (Title of proceeding, as in form No. 755.) The undersigned (one of the) commissioners of highways of the town of , in the county of , having received due proof of service of notice of the time and place ap- pointed by the said commissioners for the selection of a jury, in the above entitled matter, upon the owners and occupants of the land through which it is proposed to be laid out, pre- sent the following list of eighteen resident freeholders of said town, in no wise of kin to the said applicant, owners or oc- 107 850 Forms Relating to cupants, or either of them, and not interested in such lands, which Hst is made pursuant to statute, by the said commis- sioners (or, commissioner).' P. R., etc. (naming jurors). Dated , i . (Signatures of commissioners (or, signature of commissioner.) (Commissioner.) I. See section no of chapter 568 six names, and the applicant a like of Laws of New York of i8go, as to number, and of the number which this list. By section in, id., the remain, the six names standing first owners or occupants of the land may on the list shall be the jury, strike from the list not more than No. 757. Siumnons for jury to determine necessity for private road, etc. (Laws of N. Y. of 1890, chap. 568, § 112.) The People of the State of New York, to any one of the constables of the town of , in the county of , greeting : You are hereby directed to summon P. R., etc., (naming jurors), to meet at , in said town, on the day of , I , at , o'clock in the noon, to (*) form a jury to determine as to the necessity for laying out a private road through the lands of C. D., etc., on the application of A. B., and to assess the damages by reason of the opening thereof. Witness our hands this day of , !■ • (Signatures of commissioners.) Commissioners. I. See section n2 of chapter 568 of Laws of New York of 1890 as to this summons. No. 758. Oath to be administered to jurors to determine necessity for private road, etc. (Laws of N. Y. of 1890, chap. 568, § ii3-) " You do solemnly swear, in the presence of the ever living God, that you will well and truly determine as to the neces- Highways and Bridges. 851 sity of a private road over the lands of C. D., etc., as has been applied for by A. B., and assess the damages by reason of the opening thereof.' I. See section 113 of chapter 568 of Laws of New York of 1890, as to this oath No. 759. Verdict of jury appointed to determine the necessity for pri- vate road, etc. (Laws of N. Y. of 1890, chap. 568, § 114.) (Title of proceeding, as in form No. 755.) We, the undersigned, resident freeholders of said town, and in no wise of kin to A. B., the applicant for the laying out of a private road for the use of said A. B., over the premises mentioned in the application hereto annexed, or to the owners, or occupants of said premises, or either of them, having met at , in said town, on the day of , I , and having been duly sworn well and truly to de- termine as to the necessity of said road, and to assess the damages by reason of the opening thereof, and having viewed the premises and heard the allegations of the parties and their witnesses, do hereby certify that, in our opinion, it is necessary and proper to lay out a private road for the use of the said A. B., pursuant to his said application, and we assess the damages of C. D., by reason of the opening thereof, at the sum of (one hundred) dollars. In witness whereof, we have hereunto subscribed our names, this day of , i } P. R., etc. 1. See section 114 of chapter 568 take into consideration the value of of Laws of New York of 1890, as to the highway so discontinued, and the this verdict, which is to be delivered benefit resulting to the person by in writing to the commissioners. By reason of such discontinuance, and section 115, if the necessity of such shall deduct the same from the private road has been occasioned by damages assessed for the opening the alteration or discontinuance of a and laying out of such private road, public highway running through the As to adjournments of proceeding, lands belonging to a person through see section 123 of same chapter. As whose lands the private road is pro- to fees of jurors and of commission- posed to be opened, the jury shall ers, see section 118 of same chapter. 852 Forms Relating to No. 760. Certificate of commissioners of highways that private road has been laid out. (Laws of N. Y. of 1890, chap. 568, .§ 116.) (Title of proceeding, as in form No. 755.) The undersigned commissioners of highways of the town of , in the county of , do hereby certify pursuant to law as follows : At a meeting of said commissioners held at , in the said town, on the day of , i , to- wit : That a private road has been laid out by them for the use of A. B., pursuant to his annexed application and on the annexed verdict of six reputable freeholders of said town con- vened and duly sworn after due notice to the owners and occu- pants of the lands through which such road is to pass as re- quired by the statute certifying that such road was necessary ; and we further certify that the courses and distances thereof, according to a survey thereof which the said commissioners have caused to be made, are as follows, to wit : (insert survey). And said commissioners further certify and order that the line above described shall be the center of said road, and that said road shall be of the width of two rods. In witness whereof, we have hereto subscribed our hands, this day of , i } (Signatures of commissioners. (Commissioners.) I. See section 116 of chapter 568 of (forms Nos. 753, 759), and to be filed Laws of New York of 1890, as to and recorded in the town clerlt's this certificate, which is to be an- office, nexed to the application and verdict No. 761, Application to County Court by owner or occupant for order confirming, vacating or modifying decision of the jury, form No. 759. (Laws of N. Y. of 1890, chap. 568, § 119.) (Title of proceeding, as in form No. 755.) Sirs : — Take notice that upon the papers and proceedings in the above entitled proceeding, and upon (naming any Highways and Bridges. 853 papers served) copies of which are hereto annexed and here- with served upon you, an application will be made by C. D. owner (or, occupant) of the lands taken for a private road in the above entitled proceeding^ at a term of the County Court of county to be held at on the day of , I , at the opening of the court on that day (or, at o'clock in the noon) or, as soon thereafter as counsel can be heard for an order confirming (or, vacating ; or, modify- ing) the decision of the jury in said proceeding, dated , I , and filed in the town clerk's ofiSce of the town of , on the day of , i , as it shall deem just and legal.'' Yours, etc., M.N., Attorney for C. D. (Office address.) To A. B. etc., (naming adverse parties to the proceeding). 1. The application is to be made to within thirty days after the decision the County Court of the county of the jury has been filed in the town wherein such private road is situated, clerk's office. If no such motion is 2. See section iig of chapter 568 made, the decision of the jury is to of Laws of New York of 1890, as to be deemed final. See, also, note i, this notice, which is to be given to form No. 762. No. 762. Order of County Court, confirming, etc. , the decision of the jury, form No. 769. At, etc., as in form No. 724. ' (Title of proceeding, as in form No. 755.^ On reading and filing the afifidavit of A. B., dated I , and (naming other motion papers read) together with notice of motion for an order confirming (or, vacating; or modifying) the decision of the jury in the above entitled pro- ceeding dated , i , and filed in the town clerk^s oiifice on the day of , i , with proof of due service of, etc., on, etc., and on motion of \ F., counsel for C. D., the owner (or, occupant) of land through which the private road described in said decision is proposed to be opened, and after hearing R. M., of counsel for, etc., and on reading and filing 8S4 Forms Relating to (name any papers read in opposition to motion) it is hereby ordered, that said decision be and the same is hereby in all respects confirmed (or, that said decision be vacated and that another hearing be had of the matter before another jury, and the said proceeding is hereby remitted to the commis- sioners of highways of the town of , in the county of , for that purpose ; or, that said decision be and the same is hereby modified, as follows, to wit : (stating how modified)]. And it is further ordered (state any further relief).^ I. See section iig of chapter 568 of is provided that if upon a new hear- Laws of New York of i8go, as to ing, the damages assessed are in- this order. The decision of the creased, the applicant shall pay the County Court is by that section made costs and expenses thereof, otherwise final, except that a new hearing may the owner shall pay the same. be had as therein provided. If the See, also, section 121, id., as to final decision shall be adverse to the the purpose for which the private applicant, no other application for road may be used, and also as to its the same road shall be made within use by the owner or occupant of the two years. land through which it is laid out. By section 120 of same chapter it TITLE V. Forms Relating to Bridges. (Laws of N. Y. of i8go, chap. 568, art. 5 ) No. 763. Statement to be made by commissioners of highways to supervisor of town, as to expenses of free bridges in towns. 764. Notice by commissioners of highways of town, liable with other town to repair, etc., bridge. 765. Petition to commissioners of highways by freeholders for build- ing, etc., of bridge over streams dividing towns. 766. Affidavit of freeholders on application to court for order requiring building, etc., of bridge. 767. Notice of motion to commissioners of highways on application for order requiring them to build, etc., bridge over stream dividing towns. 768. Order of court granting motion and ordering reference. 769. Motion by referee appointed by order, form No. 768, of hearing before him . 770. Report by referee, appointed by order, form No. 768. Highways and Bridges. 855 No. 771. Order of court upon the coming in of referee's report. 772. Report to be added to annual report of commissioners of high- ways to town board in case of proceeding to build, etc., bridge across stream dividing two towns. 773. Affidavit on application for reimbursement of moneys expended in repairing, etc., unsafe bridge. 774. Notice of application for such reimbursement. 775. Order of court upon application for reimbursement by person repairing, etc., bridge. 776. Notice of penalty prescribed by commissioners of highways, for riding or driving faster than a walk on bridge. No. 763. Statement to be made by commissioners of highways to su- pervisor of town as to expenses of free bridges in towns. (Laws of N. Y. of 1890, chap. 568, § 132.) We, the undersigned, commissioners of highways of the town of , in the county of , do hereby make the fol- lowing statement, as required by law, of the expenses in- oirred by the said town, during the year preceding the date hereof, for the construction (and repair) (or, for the repair) of the free bridge located at , in said town, and crossing the (name of stream), and known as the bridge, to wit : (Here state items of expense incurred for such repairs, etc.) Dated , i . (Signatures of commissioners.) Commissioners. County of , ss.: A. R., of , being duly sworn, says : That he is one of the commissioners of highways of the town of , in the county of , whose names are subscribed to the foregoing statement ; that the said statement is true to the best of de- ponent's knowledge, information and belief. A. R. (Jurat, as in form No. 32.) I. See section 132 of chapter 568 of vember in each year. See, also, sec- Laws of New York of i8go, as to this tion 133 of same chapter as to the statement, which is to be verified by presentment thereof by the super- one of the commissioners and de- visor to the board at its next annual livered to the supervisor of the town session thereafter, and the levy of on or before the first day of No- tax by the board. 8s6 Forms Relating to No. 764. Ifotice by cominlssioiiers of highways of town liable with other town to repair, etc., bridge. (Laws of N. Y. of 1890, chap. 568, § 135.) To the commissioners of highways of the town of , in the county of : You are hereby notified, pursuant to law, that you are re- quired within twenty days to give your consent in writing to the building (or, repairing) of the bridge, situated, etc. (describing same, as in form No. 763), which bridge the towns of and are liable to make (or, maintain) at their joint expense, and that in case of your neglect so to consent, and within a reasonable time thereafter to build (or, repair) said bridge, the undersigned commissioners will build (or, repair) said bridge.^ Dated , i . Yours, etc., (Signatures of commissioners.) Commissioners of Highways of the Town of I. See section 135 of chapter 568 of Laws of New York of i8go, as to this notice and its effect. No. 765. Petition to commissioners of highways by freeholders for building, etc. , of bridge over stream dividing towns. (Laws of N. Y. of 1890, chap. 568, § 136.) To A. M., etc., commissioners (or, commissioner) of high- ways of the town of , in the cgunty of , and C. P., etc., commissioners (or, commissioner) of high- ways of the town of , in the county of : We, the undersigned, freeholders of the town of , in the county of , hereby respectfully petition you to build (or, repair or rebuild, as shall be deemed necessary) the highway bridge uniting said towns (and known as the said Highways and Bridges. 857 bridge). [This petition is based upon the fact that the said bridge is out of repair and dangerous to public travel.]' Dated , i .' F. R E., I. L., J. M., Freeholders of the town of F. I. Insert these words in brackets in 2. See section 136 of chapter 568 case the petition is for rebuilding or of Laws of New York of 1890, as to repairing the bridge. the petition. No. 766. Affidavit of freeholders on application to court for order re- quiring building, etc., of bridge. (Laws of N. Y. of 1890, chap. 568, § 136. Supreme Court, County. In the matter of the applica-' tion of certain freeholders of the town of , in the county of , for an order requiring the commissioners of highways of the towns of and , to build (or, rebuild; or, repair) the bridge uniting said towns (and known as the bridge). County of ss.: F. P. E., I. L. and J. M., being each duly sworn, depose and say, that they are freeholders of the town of , in the county of ; that for a number of years the towns of and — -, in said county, have been connected together by a public highway; that that portion of said highway running over the head of H. creek, consists of a bridge known as the • bridge ; that said bridge connects the said towns to- gether and a public highway runs from said bridge wardly through the town of , and wardly therefrom through the town of ; that at all the times hereinafter 108 8s8 Forms Relating to stated, A. M., etc. (were), and now (are), the commissioner(s) of highways in and for the said town of , and C. P., etc. (were), and now. (are) the commissioner(s) of highways of the said town of . That on the day of , i , the said bridge being out of repair and unsafe for public travel, and being con- demned, these deponents united in a petition to said com. missioners of highways, a copy of which petition is hereto annexed. That the same was, on the day of , i , duly and personally served on all of the said commissioners. That the said commissioners have not yet built (or, repaired, etc.), ithe said bridge, but neglect and refuse to build (or, repair ; or, rebuild) the same. (That said bridge is out of repair, and is unsafe and dangerous, and ought to be repaired or rebuilt at once.) These deponents further allege, that the said two towns are liable to make (or, maintain) said bridge ; that said bridge crosses the stream or creek known as the creek, which stream or channel divides the said towns. [These deponents further say that they have been in- formed by the commissioner(s) of highways of the town of , and believe, that the commissioner(s) of highways of the town of refuses (or, refuse) to unite with the com- missioners of the said town of , to make any repairs to (or, to build) said bridge, though the commissioners of the town of are ready and willing to unite and proceed to build said bridge (or, to make the necessary repairs thereto).] These deponents further say, that the public interest will be greatly injured by further delay in building (or, in mak- ing the necessary repairs upon) said bridge.^ (Signatures of affiants.) (Jurat, as in form No. 32.) (Annex copy petition, form No. 765.) I. See section 136 of chapter 568 Matter of Petition of Freeholders of of Laws of New York of 1890, as to Cattaraugus Co. (59 N. Y. 316, rev'g this affidavit and application there- S. C, 8 N. Y. Supr. Ct. Rep. (T. & upon, and see the following cases C.) 235); Beckwith v. Whalen (65 N. decided under former statutes, viz. : Y. 322); Matter of Freeholders of Highways and Bridges, 859 Irondequoit (68 id. 376); Tifft v. Al- Hun, 620); Getty v. Town of Ham- ley (3 N. Y. Supr. Ct. Rep.(T. & lin (id. i); Day v. Day (94 N. Y. 153)- C.) 784); Phelps V. Hawley (3 Lans. The application is now to be made 160; S. C, affd, 52 N. Y. 23); Mat- to the Supreme Court, at a Special ter of Freeholders of Mt. Morris and Term to be held in the judicial dis- Castile (41 Hun, 29; S. C, 24Week. trict in which such bridge or any Dig. 313); In re Spier (115 N. Y. 665, part thereof is situated, affg S. C, 20 State Rep. 289; 3 N. See, also, note i to form No. 771, Y. Supp. 438); In re Commissioners, as to application by commissioners etc., of Glen and Florida (3 N. Y. of highways of a town instead of by Supp. 461; S. C, 20 State Rep. 394); freeholders. Matter of Freeholders of Owasco (46 No. 767. Notice of motion to commissioners of highways on application for order requiring them to build, etc., bridge over stream dividing towns. (Laws of N. Y. of 1890, chap. 568, § 136.) (Title of proceeding, as in form No. 766.) Sirs: — You will please take notice, that upon the afifi- davits and papers, copies of which are herewith served upon you (and upon such other papers as may be hereafter duly served herein) a motion will be made at a Special Term of the Supreme Court, to be held at, etc., on, etc., at the opening of the court on that day or as soon thereafter as counsel can be heard, for a rule or order requiring you to build (or, to re- build ; or, repair) the highway bridge (known as the bridge) uniting the towns of and , pursuant to the statute in such cases made and provided, and for such other rule or order as may be proper.' Dated i . Yours, etc. (Signatures of petitioners.) (or, J. M., Attorney for Petitioner.) (Office address.) To M. N., etc., Commissioner of Highways of the town of , and P. F., etc.. Commissioner of Highways of the town of . I. See section 136 of chapter 568 this notice and the proceeding gen- of Laws of New York of 1890, as to erally, and see note to last form. 86o Forms Relating to No. 768. Order of court granting motion and ordering reference. (Laws of N. Y. of 1890, chap. 568, § 136.) At, etc., as in form No. 766. (Title of proceeding, as in form No. 329.) A motion having been duly made in the above entitled matter, for an order requiring the commissioners of highways of the said two towns to build (or, repair ; or, rebuild), the bridge, so called, and which unites the said towns : Now, on filing the affidavit of F. D., etc., dated , i , and the petition to the commissioners of highways of the towns of and , annexed to and referred to in said affidavit, and due proof of service on the said commissioners of highways of copies thereof and notice of this motion, and after hearing I. F. for said motion, and M. H. of counsel for the town of , opposed : Ordered, that the commissioners of highways of the said two towns, forthvirith proceed to build (rebuild ; or, repair) the said bridge in a good and substantial manner, so that the same shall be safe and fit for public use ; that it be referred to M. D., of , to take and report the facts and circum- stances connected with said bridge to this court, with a view to determine what proportion of the expense each town shall bear, and also to determine the length and limits of said bridge as contemplated by statute, and that in the mean- time neither town shall be prejudiced by the joint action of the commissioners herein imposed.' I. See section 136 of chapter 568 The above order is substantially from of Laws of New York of 1890, as to the Matter of the Freeholders of this order and the proceeding gen- Irondequoit (61 N. Y. 377). rally; and see note to form No. 766. No. 769. Notice by referee appointed by order, form No. 768, of hear- ing before him. (Laws of N. Y. of 1890, chap. 568, § 136.) (Title of proceeding, as in form No. 766.) Sirs : — I, M. D., the referee, appointed by order of the Supreme Court, made at a Special Term thereof, held at Highways and Bridges. 86i the (city) of , on the day of , i , to take and report the facts and circumstances connected with the said bridge to said court, do hereby appoint the day of , I , at my office, No. — street, in the (city) of , at o'clock in the noon, for the taking of the evidence and the hearing of the matters so referred to me, at which time and place all parties concerned are to attend.' Dated , i . M. D., Referee. To (naming freeholders), Freeholders of the town of , and P. R., etc., Commissioner(s) of Highways of the town of ,'and G. C, etc.. Commissioner s) of Highways of the town of . I. See section 136 of chapter 568 as to this proceeding; also, note i to of the Laws of New York of 1890, form No. 766. No. 770. Report of referee, appointed by order, form No. 768. (Laws of N. Y. of 1890, chap. 568, § 136.) (Title of proceeding, as in form No. 766.) For the petitioners, M. N. For the contestant, E. Y. Referee sworn. Tried at , i , before M. D., referee (here insert minutes of testimony). The testimony here closed. In pursuaiice of the annexed order, I have been attended by the parties and their counsel, and I do hereby certify that the foregoing is all the evidence presented in this case.i Dated , i . M. D., Referee. 1. See section 136 of chapter 568 generally. Also, see note i to form of the Laws of New York of 1890, No. 766. as to this report and the proceeding 862 Forms Relating to No. 771. Order of court upon the coming in of referee's report. (Laws of N. Y. of 1890, chap. 568, § 136.) At, etc., as in form No. 329. (Title of proceeding, as in form No. 766.) On reading and filing the report of the referee in the above entitled matter, dated , i , it is hereby or- dered that all the road-way or bridge commonly called the bridge, between the towns of , and con- structed across the creek, is to be held as a bridge between said towns under the statute (Laws of 1890, chap. 568, art. S), to be supported and maintained at the joint and equal expense of said towns, and that said towns shall pay an equal amount respectively of the expense of repairs of such bridge, under the order heretofore made in this mat- ter of the date of , i } It is hereby further ordered and directed that the sum of such expense, to wit, the sum of dollars (and of all work done thereon by either town this year), be borne and paid by the said towns in equal amounts respectively (insert any provisions in regard to costs).^ 1. See form No. 768, for the order towns, to join in the building, re- referred to. building or repair of any such bridge, 2. See section 136 of chapter 568 of in like manner as freeholders are Laws of New York of i8go, as to this thereby authorized. order, and see note to orm No. 766. A copy of above order is to be The above was substantially the final served upon the commissioners of order in Matter of the Freeholders of highways of the adjoining towns re- Irondequoit(68 N. Y. 377). Astoal- spectively. (Id., §"138.) lowances of costs, etc., see section As to appeal from above order to 141 of same chapter. General Term of Supreme Court, see By section 137 of same chapter the section 140 of said chapter 568. By commissioners of highways of any section 141, id., the appeal is to con- such town, may institute and prose- form to the practice of the Supreme cute proceedings under that chapter, Court, in case of appeal from an or- in the name of the town, to compel der of a Special Term to the General the commissioners of such adjoining Term Highways and Bridges. 863 No. 772. Eeport to be added to annual report of commissioners of high- ■ways to town board in case of proceeding to build, etc., bridge across stream dividing two towns. (Laws of N. Y. of 1890, chap. 568, § 139.) As in form No. 690, to end thereof, and from thence as follows : And we do further report, that the commissioners of highways of the town of , in the (said) county of , having refused, upon our application, to join in building (re- building or repairing) the bridge at, etc., across the creek, dividing the town of from the town of , an application was made by us (or, by A. B., etc., freeholders of the town of ) to the Supreme Court, at a Special Term thereof, held at, etc., for an order requiring the said commis- sioners of highways of said town of to join in the build- ing, etc., of said bridge, and that an order was made by said court in said proceeding, a copy of which is annexed to this report, marked Schedule A (state other or further facts, as may be necessary).' All of which is respectfully submitted. Dated i (Signatures of commissioners.) Commissioners of Highways. 1. See section 139 of chapter 568 of Laws of New York of 1890, as to this report. No. 773. Affidavit on application for reimbursement of moneys ex- pended in repairing, etc., unsafe bridge. (Laws of N. Y. of 1890, chap. 568, § 142.) County, ss.: A. B., of , being sworn, says : That heretofore, and before the day of , i , the bridge at , across the creek, in the town of (or, which creek divides the towns of and ), in the county of [or, di- vides the town of , in the county of , from the town °f > in the county of J was out of repair so as to 864 Forms Relating to render it unsafe for travellers to pass over the same [or, had fallen down ; or, had been swept away by a freshet (or, state how otherwise injured)]. That on the day of , i , notice was given to the commissioners of highways in the said town (or, towns) of (and ) by (this deponent), of the condition of said bridge, but that said commissioners neglected (and re- fused) to repair or rebuild the said bridge up to the day of , I . That on the day last aforesaid (and on several days there- after), this deponent repaired (or, rebuilt) such bridge at his own expense, and expended, in so repairing (or, rebuilding) the same the sum of dollars (as will more fully and in detail appear by the exhibits hereto annexed, containing the items thereof and receipts therefor), which amount was nec- essarily and reasonably expended by him in repairing (or, rebuilding) the said bridge. That the just proportions in which the said amount should be paid by said towns, according to the best of your peti- tioner's knowledge, information and belief, is as follows; (stating same), 'for the following reasons, to wit: (stating reasons). Wherefore, this deponent claims that he is entitled to an order, pursuant to statute, directing the said towns of and severally to reimburse him such expenditures (to- gether with interest thereupon from the date thereof), and makes application for such order.' (Jurat, as in form No. 32.) A. B. I. See section 142 of chapter 568 of this affidavit and the application gen- the Laws of New York of i8go, as to erally. No. 774. Notice of application for reimbursement of amount expended in repairing bridge. (Laws of N. Y. of 1890, chap. 568, § 142-) (Title of proceeding, as in form No. 775.) Sirs : — Please take notice that upon the (afifidavit, etc.), with a copy (or, copies) of which you are herewith served, Highways and Bridges. 865 an application will be made to the Supreme Court, at a Spe- cial Term thereof, to be held at, etc., on, etc., at o'clock in the noon (or, at the ope'ning of the court on that day), or as soon thereafter as counsel can be heard (*), for an order requiring the towns of and , in the county of , severally to reimburse to A. B. the amount of the expenditures made by him, mentioned in said affidavit, and requiring each of said towns to pay its just proportion of such expenditure, and for (costs of said application), and for such other or further relief as may be proper.' Yours, etc., F. S. (Attorney for) A. B. Ofifice address, etc. To A. M., etc., Commissioners of Highways of, etc. I. See section H2 of chapter 568 of eight days before the motion upon Laws of New York of i8qo, as to this the commissioners of highways of notice, which is to be served at least each of the towns. No. 775. Order of court upon application for reimbursement by person repairing, etc., bridge. (Laws of N. Y. of 1890, chap. 568, § 142.) At, etc., as in form No. 329. In the matter of the applica- tion by A. B. for an order requiring the towns of and to reimburse to him the amount expended in repairing the bridge across the creek di- viding said towns. On reading and filing the affidavit of A. B., dated ' ■> with proof of due service of a copy thereof, together with notice of this application upon the commissioners of highways of each of said towns, and on motion of E. A., 109 k.fc.tfa:. 866 Forms Relating to counsel for said A. B., after hearing P. M., counsel for , and on filing (name opposing affidavits) : It is hereby ordered that the said towns of and in the county of , severally reimburse to said A. B. the amount of dollars, expended by him in repairing the bridge at , over the stream called the creek, divid- ing the said two towns (with interest thereupon from the day of , I ),^ each of said towns paying its just proportion of such expenditure ; that is to say, said town of paying the amount of dollars, being the part thereof, and the said town of paying the sum of dollars, being the part thereof (and that the costs of this action, to wit, the sum of (ten) dollars, be paid by said towns to said A. B., in equal shares).^ 1. The statute, section 142 of chap- note i to this form as to this order, ter 568 of Laws of New York of i8go, By section 152 of same chapter, costs does not, however, provide for inter- of this motion may be allowed in the est upon the amount expended. discretion of the court, not exceed- 2. See section 142, referred to in ing ten dollars. No. 776. ITotice of penalty prescribed by commissioners of highways for riding or driving faster than a walk on bridge. (Laws of N. Y. of 1890, chap. 568, § 142.) Notice. dollars penalty for riding or driving on this bridge faster than a walk." I. See section 143 of chapter 568 more than five dollars, to be fixed by of Laws of New York of i8go, as to the commissioners of highways and this notice, which applies to bridges, put up in a conspicuous place at each the chord of which is not less than end of the bridge in large characters, twenty-five feet. The amount of the See, also, section 143, id., as to pen- penalty is to be not less than one nor alty for driving over such bridge. Highways and Bridges. 867 TITLE VI. Forms Relating to Ferries. (Laws of N. Y. of 1890, chap. 568, art. 7.) No. 777. Application for a license to keep a ferry. 778. Notice to owners of lands of application for a license to keep a ferry. 779. Affidavit of service of notice, form No. 778. 780. Undertaking given in proceeding to obtain license to establish and keep a ferry. 781. License to establish and keep a ferry. 782. Clerk's certificate to be indorsed upon or annexed to a copy of license for licensee. No. 777. Application for a license to keep a ferry. (Laws of N. Y. of 1890, chap. 568, § 170.) To the County Court of the county of (or, the City Court, of the city of , in the county of ) ^ The petition of O. M. respectfully shows, that he resides in the town of , in the said county of , and is (or, that C. D. is) the owner of the land situated in the said (town) [or, in the town (or, city) of , in the county of ], on the bank of the (naming stream), through which the part of the public highway in said (town) leading from the (village) of , in said (town), to the said (naming stream), adjoining the proposed ferry hereinafter mentioned runs ; and that a ferry ought to be established for the convenience and ac- commodation of the public, across the said (name of stream) at the place aforesaid. [That the said C. D., the owner of the land through which the said part of said highway runs, as aforesaid, is not a suit- able person to establish said ferry, for the following reasons (state same) [or, has neglected to apply for a license to keep such ferry, notwithstanding that due service of the notice re- quired by law has been made upon him, as will appear from a copy of said notice, and the affidavit of service thereof 868 Forms Relating to which is hereto annexed ; or, has heretofore obtained a li- cense to keep said ferry, but has neglected to comply with the conditions of the said license (or, to keep said ferry)].^ [That due service of notice of the time and place of this application has been made upon said C. D., as will appear from a copy of said notice and the affidavit of service thereof, which is hereto annexed.]* Wherefore your petitioner prays that this court will grant him a license to establish and keep said ferry, upon his com- plying with the provisions of the statutes in such case made and provided.* Dated , i . A. B. (Verification by petitioner, as in form No. 323.) (Annex notice and proof of service, forms Nos. 778 and 779-) 1. The County Court in each of license, shall neglect to comply with the counties of the State, or the City the conditions of the license, or Court of a city, is authorized, by sec- maintain the ferr}'. (Laws of N. Y. tion 170 of chapter 568 of Laws of of 1890, chap. 568, § 170.) i8go, to grant licenses for keeping 3. Insert these words in case the ferries in their respective counties or application is made by another par- cities, to such persons as the court son than the owner, and the applica- may deem proper, for a term not ex- tion is made upon other grounds than ceeding five years. that the owner has not applied within 2. Insert these words in brackets the time prescribed. Such notice in case the application is made by a should be given, it seems, although person other than the owner of the the statute does not in terras require it property. No license shall be 4. See section 170 of chapter 568 of granted to a person, other than the Laws of N. Y. of i8go (p. 1207, Sess. owner of the land through which Laws) generally, as to this proceed- that part of the highway adjoining ing; see, also, People v. Babcock to the ferry shall run, unless the (11 Wend. 586); Matter of Talcott owner shall not be a suitable person (31 Hun, 464); Wiswall v. Wandell or shall neglect to apply after being (3 Barb. Ch. 312); Mayor, etc., of served with eight days written notice New York v. Starin (106 N. Y. i); from such other person of the time Same v. New Jersey S. N. Co. (id. and place at which he will apply for 28). such license, or having obtained such Highways and Bridges. 869 No. 778. Notice to owner of lands of application for a license to keep a ferry. (Laws of N. Y. of 1890, chap. 568, § 170) To. C. D. ; Take notice, that an application will be made to the County Court of the county of (or, to the City Court of the city of , in the county of ), at a term thereof to be held at the (court house) in the (city) of , ^n the day of , i , at the opening of the court (or, at o'clock, — M., on that day), or as soon thereafter as a hearing can be had, for a license to establish and keep a ferry across the (naming stream) from the termination of the pubhc highway in said (town), running through your lands to (give particular description of location of the ferry).* Dated , i . Yours, etc., A. M. I. As to form and service of this see for affidavit of service, form No. notice, see note 2 to form No. 777, and 779. No. 779. Aflldavit of service of notice, form No. 778. (Laws of N. Y. of 1890, chap. 568, § 170.) County of , ss.: F. G., of , being duly sworn, says that on the day of , in the year i , at the (town) of in (said county), he personally served the notice hereto annexed on C. D., to whom the said notice is directed, by delivering to and leaving with the said C. D. a true copy thereof.' (Jurat, as in form No. 32.) F. G. I. See note 2 to form No. 777, as to service of the notice. No. 780. UndertaMng given in proceeding to obtain license to establish and keep a ferry. (Laws of N. Y. of 1890, chap. 568, § 171.) Whereas, the undersigned, A. M. (or, C. D.), of , has made (or, is about to make) application to the County Court 870 Forms Relating to of the county of (or, to the City Court of the city of ) for leave to establish and keep a ferry across the (naming stream), from the termination of the highway run- ning through the lands of (said) C. D. to (giving particulars of location of the ferry) : Now, therefore, we, said A. M. (or, C. D.) and E. F., of (and G. H., of ),^ do hereby jointly and severally undertake, in the sum of dollars, to and with the People of the State of New York,^ pursuant to statute, that said A. M. (or, C. D.) will attend such ferry with sufficient and safe boats and other implements, and so many men to work the same, as shall be necessary during the several hours in each day and at such rates as the court shall direct. Dated , i . A. M. (or, C. D.) E. F. In presence of (G. H.) I.J. (Acknowledgment, justification and approval by the court, as in form No. 302.) I. As to this undertaking, see sec- license to establish and keep the tion 170 of chapter 568 of Laws of ferry, by the applicant, with one or New York of 1890. It is to be exe- more sureties, cuted and filed with the clerk of the 2. The statute does not direct to court before the granting of the whom the undertaking is to be given. No. 781. License to establish and keep a ferry. Laws of N. Y. of 1890, chap. 568, § 170.) At a term of the County Court of county, held at the (city) of , in said county, on the day of , I . Present — Hon. J. C, County Judge. An appHcation having been made by A. M. (or, C. D.), of the (town) of , for a license to keep a ferry across the (name of stream) at said town of (and due notice of the Highways and Bridges. 871 time and place of said application having been given pursu- ant to statute, to C. D., the owner of the land through which that part of the highway leading from to , adjoin- ing said ferry, runs),' and an undertaking having been duly executed' by said A. M. (or, C. D.) as required by law, it is hereby ordered and determined that this Hcense be granted to said A. M. (or, C. D.), to keep a ferry at the said (town) of (describing the location particularly), for the term of (five)* years from the date of this order, and the said A. M. (or, C. D.) is allowed to collect and receive ferriage for the transportation of travelers, property and effects, over and across said ferry, at and after the following rates, and for no greater sum or sums for such transportation, viz. (stating rates).^ . I. Insert this clause when the li- of the counties or cities shall be suf- cense is granted to an applicant other ficient to authorize transportation of than the owner of the land. persons, goods, wares and merchan- 2. The license is to be for a term dise, to and from either side of such not exceeding five years. (Laws of waters. (Chap. 568, Laws of 1890, 1890, chap. 568, § 170.) § 170.) 3. Every license shall be entered See, also, as to posting schedule in the book of minutes of the court of the rates of ferriage charged on the by the clerk; and a certified copy ferry, and authorized by law to be thereof shall e delivered to the per- charged for ferriage over such ferry, son licensed. When the waters over and penalty for non-compliance with which any ferry may be used shall di- this direction, section 174 of same vide two counties or cities, or a county chapter. and city, a license obtained in either No. 782. Clerk's certificate to be indorsed upon or annexed to a copy of license for licensee. (Laws of N. Y. of 1890, chap. 568, § 170.) State of New York, ] county, i I. , clerk of the court, do hereby certify, that I nave compared the annexed (or, within) copy of a license with the original license, this day entered by me in the book 872 Forms of of minutes of said court, and that the same is a correct copy thereof and of the whole of said original. In witness whereof, I have hereunto afifixed my name, and the seal of said court, this day of , i } [L. S.] F. H., Clerk. I. Section 170 of chapter 568 of shall be delivered to the person Laws of New York of i8go provides icensed. that a certified copy of the license Insurance. See Abandoumeiit ; Froo& of Loss. Intoxicating Liquors. See Excise. Leases. 873 CHAPTER XXV. Forms of Leases. TITLE I. General Forms. No. 783. Lease of a house, etc. 784. Another short form of lease of house, etc. 785. Short form of lease to be executed by both parties. 786. A building lease. 787. A contract for erection of building. 788. Lease for years of farm lands. 789. A lease in perpetuity. 790. A lease for lives. 791. Deed of surrender to the reversioner. 7g2. Surrender of lease by lessee to lessor, to be indorsed on the lease. 793. Lease of offices in building containing elevator, steam heating, ' etc. 794. Agreement for lease, see forms Nos. 171, X72. 795. Lease containing chattel mortgage clause. No. 783. Lease of a house, etc. This indenture, made this day of , in the year I , between A. B., of, etc., of the one part, and C. D., of, etc., of the other part, witnesseth : That the said A. B., for and in consideration of the rent, covenants and agreements, hereinafter in and by these presents mentioned, reserved and contained on the part and behalf of the said C. D., (his) executors, administrators and assigns, to be paid, observed, done and performed, hath granted, demised and leased, and^ by these presents doth grant, demise and lease unto the said C. D., his executors, administrators and assigns, all that cer- tain (house, messuage or tenement) with all and singular, its appurtenances, situate, and being on the (north) side of B. no 874 Forms of street, in the (city) of , in the county of , and State of , known as number B street, bounded and de- scribed as follows, to wit : (describing premises) : To have and to hold the said (house, messuage or tenement), and all and singular other the premises hereinbefore granted or de- mised, or mentioned, or intended so to be, with the appur- tenances, unto (*) the said C. D., (his) executors, adminis- trators and assigns, from the day of , next ensuing the day of the date of these presents, for and during, and until the full end and term of ( years) from thence next ensuing, and fully to be complete and ended ; yielding and paying therefor yearly, and eVery year, during the said term, unto the said A. B., his heirs or assigns, the yearly rent of dollars, payable in equal (quarter yearly) payments on the days of in every year ; the first payment to begin and to be made on the day of next ensuing the date of these presents : Provided, always, nevertheless, and it is the true intent and meaning of these presents, and of the said parties hereto, that if it shall happen that the said yearly rent of dollars hereby reserved, or any part thereof, be behind and unpaid (by the space of next over, or) after any of the said days, whereon the same ought to be paid as aforesaid, that then and from thenceforth, it shall and may be lawful to and for the said A. B. (his) heirs, executors, ad- ministrators and assigns, into and upon the said demised premises, and every or any part or parcel thereof, with their appurtenances, in the name of the whole to re-enter, and the same to have again, repossess and enjoy, as in his or their first or former estate or estates ; and (him) the said C. D., (his) executors, administrators and assigns, and all and every other, the occupier or occupiers of the said demised premi- ses, from thence utterly to expel, remove and put out ; any- thing in these presents contained to the contrary thereof in any wise notwithstanding.(t) And the said C. D. doth hereby promise for (himself, his) executors, administrators and assigns, to make punctual payment of the rent, in man- ner aforesaid, and that he and they shall and will, from time to time, and at all times hereafter, during the said term of ( ^ years) hereinbefore granted, at his and their own Leases. 875 proper costs and charges, well and sufficiently keep in repair the said demised premises, with their and every of their ap- purtenances, and also the glass, windows, pavements, water- closets, drains, sinks and gutters belonging to the same, in, by and with all manner of needful and necessary reparations and amendments whatsoever, when, and as often as the same shall require (damages by fire only excepted), and the same premises, with all and singular their appurtenances, being in and by all things so well and sufficiently repaired and kept (excepting as before excepted), at the end, expiration or other sooner determination of the said tetm of ( years) hereby granted, shall and will quietly and peaceably leave and surrender, and yield up unto the said A. B., his heirs, executors, administrators or assigns, in good and sufficient repair and condition, reasonable use and wearing thereof (and damage by fire), as aforesaid, only excepted ; and that the said C. D., his executors, administrators and assigns, shall and will, from time to time, and at all times hereafter, during the said term hereby granted, pay and discharge all taxes, charges and impositions, which shall be taxed, charged, imposed or assessed upon the said (messuage or tenement, or premises), or any part thereof. And that the said C. D., (his) executors or administrators, will not, without the consent of the said A. B., his heirs, executors, administratdrs or assigns, assign this lease, or the term hereby granted, or sublet the premises hereby granted, or any part thereof, and that (he) or they will not occupy or use the said premises, nor permit the same to be occupied or used, for any business deemed extra-hazardous on account of fire or otherwise, without the like consent, and that (he) and they will permit the said A. B., (his) executors, adminis- trators and assigns, or (his) or their agents, to show the said premises to persons wishing to hire or purchase the same, and on or after the (first day of February) next preceding the expiration of the said term, will permit the usual notice of to let or for sale to be placed upon the walls or doors of said premises, and to remain thereon without hindrance or molestation ; and also, that if the said premises, or any part thereof, shall become vacant during the said term, the said 8/6 Forms of A. B., his heirs, executors, administrators or assigns, or his or their representative, may re-enter the same, either by force or otherwise, without being liable to any prosecution therefor ; and relet the said premises as the agent or agents of the said C. D., and receive the rent thereof, applying the same first to the payment of such expenses as he or they may be put to in re-entering, and then to the payment of the rent falling due and payable by these presents, and the balance, if any, to be paid over to the said ,C. D., (his) executors, administrators or assigns, who shall remain liable for any deficiency. And the said A. B., for himself, his heirs, executors, ad- ministrators and assigns, hereby covenants and agrees with the said C. D. that he will, on or before the expiration of this present lease, at the request and expense of the said C. D., his executors, administrators or assigns, grant and execute to him or them, a new lease of the premises hereby demised, with their appurtenances, for the further term of ( years), to commence from the expiration of the term hereby granted, at the same yearly rent, payable in the like manner and subject to the like covenants, provisoes and agreements (except a covenant for further renewal) as are N contained in these presents. (For covenants against the sale of liquors, etc., and against nuisances, see form No. 786.) V And the said A. B., for himself, his heirs and assigns, doth covenant and grant, to and with the said C. D., (his) execu- ; tors, administrators and assigns, by these presents, that (he) the said C. D., his executors, administrators and assigns, shall or may at all times during the said term hereby granted, by and under the yearly rent, covenants, conditions and agree- ments herein contained, peaceably and quietly have, hold, occupy and enjoy, all and singular, the said premises hereby ■ demised, and every part and parcel thereof, with the ap- purtenances, without the let, trouble, hindrance, molesta- tion, interruption or denial of him, the said A. B., his heirs or assigns, or of any person or persons whatsoever law- fully claiming or to claim the same, or any part or parcel ihereo' Leases. 877 In witness whereof, the parties above named have hereunto set their hands (and seals), the day and year first above mentioned.' A. B. [L. S.] In presence of C. D. [L. S.] E. F. (Certificate of proof or acknowledgment, as in forms Nos. 6, etc.) In consideration of the letting of the premises in the fore- going lease described, and of the sum of one dollar to me duly paid by A. B., the lessor named in said lease, I (or, we) hereby become surety (or, sureties, jointly and severally) for the punctual payment of the rent, and performance of the covenants in the above written agreement mentioned, to be made and performed by C. D., the lessee named in said lease, and if any default shall be made therein, I (or, we) do hereby (jointly and severally) promise and agree to pay unto A. B., the said lessor, such sum or sums of money as will be suffi- cient to make up such deficiency and fully satisfy the condi- tions of the said agreement, without requiring any notice of non-payment or proofs of demand being made. Given under my hand and seal (or, our hands and seals) the day of , i . G. H. [L. S.J (Certificate of proof or acknowledgment by surety, as in forms Nos. 6, etc.) i. It is provided by section i of session of the leasehold premises, chapter 345 of the Laws of New York and of the lands so leased and oc- of i860, that the lessees or occupants cupied. (Laws of N. Y. of i860, p. of any building which shall, without 592; N. Y. R. S. 7th ed. 2203.) any fjiilt or neglect on their part, be Defective plumbing work may destroyed, or be so injured by the make a building untenantable and elfements, or any other cause, as to be unfit for occupancy. (St. Michael's untenantable and unfit for occupancy Prot. Episcopal Church v. Behrens, shall not be liable or bound to pay 24 N. Y. Week. Dig. 331; S. C, 10 rent to the lessors or owners thereof, Civ. Pro. R. (Browne) 181; Vann v. after such destruction or injury, un- Rouse, 94 N. Y. 401; Butler v. Kid- less otherwise expressly provided der, 87 id. 98.) See the covenants re- by written agreement or covenant, lating to the provisions of the statute and the lessees or occupants may above referred to, contained in the thereupon quit and surrender pos- leases in the above cited cases. I 8/8 Forms of The statute of i860 in eifect incor- porates into every lease the privilege and exemption therein contained un- less " otherwise expressly provided by written agreement or covenant." (Butler V. Kidder, supra, p. 103.) It is not essential, however, in or- der to exclude a lessee from the bene- fit of that statute that there should be a covenant in express terms, obligat- ing him to pay the rent although the building becomes untenantable; it is sufficient if the intention to take away such benefit is clearly shown on the face of the lease or other written agreement, as where it appears that the parties having in mind the con- tingency mentioned in the statute, in- serted provisions or covenants incon- sistent with the right of surrender. (Id.) /;*«^»2j- that a lease is not taken out of the statute simply by a general covenant on the part of the lessee to repair. (Id.) See, also, Schultz v. Corn (24 N. Y. Week. Dig. 498; S. C, 5 N. Y State Rep. 19); Graves v. Berdan(26 N. Y. 498); Johnson v. Oppenheim (55 id. 280); Suydam v. Jackson (54 id. 450); Thomas v. Nelson (69 id. 118); Austin v. Field (7 Abb. Pr. N. S. 29); Francke v. Youmans (17 N. Y. Week. Dig. 252); Sheary v. Adams (18 Hun, 181); Bloomer v. Merrill (i Daly, 485; S. C, 29 How. Pr. 259); Coulson V. Whiting (14 Abb. N. C. 60); Smith v. Kerr (108 N. Y. 31); Tallman v. Murphy (120 id. 345), as to the construction of this statute. By section 140 of article 4 of title 2 of chapter i, part 2 of New Yprk Revised Statutes, no covenant is to be implied in any conveyance of real estate, whether such conveyance con- tains special covenants or not. (r N. Y. R. S. 738; 7th ed. 2195.) This provision has been held not to apply to leases for years. In such cases a covenant for quiet enjoyment is ordinarily implied. But where a lease contains an express covenant for quiet enjoyment, "without mo- lestation or disturbance from the lessor, his successors or assigns," no other or further covenant in re- spect to enjoyment will be implied. (Burr V. Stenton, 43 N. Y. 462.) By section I of title 4 of chapter i, part 2 of New York Revised Statutes, agreements for the occupation of lands or tenements, in the city of New York, which shall not particu- larly specify the duration of such oc- cupation, shall be deemed valid un- til the first day of May next after the possession under such agreement shall commence, and the rent under' such agreement shall be payable at the usual quarter days for the pay- ment of rent in the said city, unless otherwise expressed in the agree- ment, (i N. Y. R. S. 744; 7th ed. 2200.) The statute last above cited only applies when no time is agreed upon. When an entry is made under an agreement resting in parol, and the time is agreed upon, but extends be- yond one year, the term is limited to one year only under the statute (2 R S. 135, § 8), and if the tenant by consent of his landlordtfiolds over the year, it becomes a testacy from year to year. (Crask v. .Christian Union Publishing Co., 17 Hun, 319.) A covenant to renew a lease under the same covenants contained in the original lease is sktisfied by a re newal omitting the covenant Jo re- new. (Carr v. Ellison, 20 Wend. 179.) The courts lean against such a construction of the contract as will lead to a perpetuity, and will not|j'- fer an agreement for a second renev?al Leases. 879 from a general provision for the re- separate estate be necessary. (Laws newal of the lease with similar cove- of N. Y. of 1884, p. 465.) Before nants. (Id.; Banker v. Braker, 9. the passage of this act it was held to Abb. N. C. 411; Lynes v. Mayor, be necessary that a contract made by etc., of N. Y., 105 N. Y. 153, 157.) a married woman, including a lease, For covenants against the sale of should be either for the benefit of her liquors, etc., and against nuisances, separate estate or should be in ex- see form No. 786. press terms made a charge upon her By chapter 381 of Laws of New separate estate. See Yale v. Ded- York of 1884, a married woman may erer (18 N. Y. 365; S. C, 22 id. 457; contract to the same extent, with like S. C, 68 id. 329); Corn Exchange In- effect and in the same form as if un- surance Co. v. Babcock (42 id. 613). married, and she and her separate Under , the above provisions this estate shall be liable thereon, whether clause is no longer necessary to be such contract relates to her separate inserted in a lease made by a mar- business or estate or otherwise, and ried woman in that State, in no case shall a charge upon her No. 784. Aaother short form of lease of house, etc. This indenture, made the day of , one thousand hundred and , between A. B., of, etc., party of the first part, and C. D., of, etc., party of the second part, wit- nesseth : That the said party of the first part has letten, and by these presents doth grant, demise, and to farm let unto the said party of the second part, all that certain lot, etc., situated (describing premises leased), with the appurtenances, for the term of ( years), from the day of , one thousand hundred and , at the yearly rent or sum of dollars, to be paid in equal (quarter yearly) pay- ments. \ And it is agreed that if any rent shall be due and unpaid, or if default shall be made in any of the covenants herein contained, then it shall be lawful for the said party of the first part to re-enter the said premises and to remove all per- sons therefrom. And the said party of the second part doth hereby covenant to pay the said party of the first part the said yearly rent as herein specified (add other cove- nants as may be required ; see last form, No. 783). And that at the expiration of the said term, the said party of the second part will quit and surrender the premises hereby de- 88o Forms of mised in as good state and condition as reasonable use and wear thereof will permit, damages by the elements excepted. And the said party of the first part doth covenant that the said party of the second part, on paying the said yearly rent, and performing the covenants aforesaid, shall and may peaceably and quietly have, hold and enjoy the said demised premises for the term aforesaid.^ A. B. [L. s.p C. D. [L. s.] Sealed and delivered in presence of E. P. (Certificate of acknowledgment by both parties, or of proof by subscribing witness, as in forms Nos. 6, etc.) (Agreement of surety, if required, as in last form.) 1. See notes to last form, No. 783. Revised Statutes of New York to a For agreement of surety, see end of grant in fee or of a. freehold estate. last form. (i N. Y. R. S. 738, § 137; 7th ed.. 2. A seal is only required by the 2194.) No. 785. Short form, of lease to be executed by both parties. This is to certify that I have let and rented unto C. D. the (describe the premises), with the appurtenances, and the sole and uninterrupted use and occupation thereof, for the term of ( years) from the day of , i , at the yearly rent of dollars, payable (stating terms of pay- ment, as in form No. 784). Dated the day of , i . A. B. (Signature of landlord.) This is to certify that I have hired and taken from A. B. the above mentioned premises for the term of ( years) from the day of , i , at the yearly rent of dollars, payable (stating terms of payment, as above). And I do hereby promise to make punctual payment of the rent, in manner aforesaid, and to quit and surrender the premises Leases. 88 i at the expiration of the said term, in as good state arid con- dition as reasonable use and wear thereof will permit, dam- ages by the elements excepted. Given under (my) hand (and seal) this day of , I .' C. D (Signature of tenant.) State of New York, County of , ^' I ss.. On this day of , in the year i , before me personally came A. B. and C. D., to me known to be the individuals described in and who executed the foregoing in- struments respectively subscribed by them, and to me sever- ally acknowledged the execution of said instruments. (Or, follow other forms of acknowledgment as contained in forms Nos. 6, etc.) E. F. (Ofificial title.) (Surety clause, following form No. 786.) I. See notes to form No. No. 786. A building lease. As in form No. 783, to the description of premises, and from thence as follows : All that piece or parcel of ground, containing in length feet, and in breadth feet, or thereabouts, situate, etc. (describing lot) : To have and to hold the said piece or parcel of ground above mentioned unto, etc. (continuing as in form No. 783, from (*) to (f)), and from thence as follows : And the said C. D., for himself, his heirs, executors and administrators, doth covenant, grant and agree to and with the said A. B., his heirs and assigns, that he, the said C. D., his executors, administrators or assigns, will make payment of the aforesaid yearly rent of dollars, at the days and times, and in such manner and form as hereinbefore is lim- ited and appointed for the payment thereof, according to the true intent and meaning of these presents, clear of and over and above all taxes, assessments, and other charges whatso- ever: III 882 Forms of And that he, the said C. D., his executors, administrators or assigns, shall and will on or before the day of , next ensuing the date hereof, at his and their own proper costs and charges in all things, make, erect, set up and fin- ish, or cause or procure to be made, erected, set up and fin- ished, upon the said piece or parcel of ground hereinbefore mentioned and described, one good and substantial house of brick, of three stories high, besides the garrets, the lower story whereof to be at least feet high, tne next story over that to be likewise feet high at the least, the third story to be feet high at the least, and the garrets to be feet high at the least ; and shall and will make, or cause to be made, to every room thereof (the garrets excepted) handsome sash windows, of good carpenter's or joiner's work, each of them ■ feet high and feet broad at the least, and shall and will well and sufficiently sash and glaze the same with good glass, and shall and will ceil all the floors overhead with lime and hair, without any loam, and make convenient windows to all the garrets; and shall and will make convenient doors, with hooks, hinges, locks and keys to all the rooms of the said building and floor with boards all the floors, and nail them with eight penny nails; and make convenient chimneys with brick, lime and sand, and (freestone) hearths, and (stating the other requirements of the building ; or, in like manner describe the building to be erected). And that the said C. D., his executors, administrators or assigns, shall and will from time to time, and at all times during the said term of ( years) well and sufficiently re- pair, uphold, support, maintain, sustain, amend and keep the said building and tenement so erected and finished, in, by and with all manner of needful and necessary reparations whatsoever; and the same being in and by all things, so well and sufficiently repaired, upheld and kept in good and suffi- cient repair, shall and will at the end, or other sooner deter- mination of the said term of ( years) hereby granted, peaceably and quietly leave and surrender, and yield up unto the said A. B., his heirs or assigns, together with all and every the (doors, windows, shutters, locks, keys, bolts, staples, Leases. 883 latches, hooks, hinges, wainscots, cisterns, pipes, pumps, con- duits, dressers, tables, shelves, hearths, grates, stoves, chim- neys, chimney-pieces, sashes and glasses, and all other)' fix- tures and appurtenances of and belonging to the same. And the said C. D. doth hereby further covenant, grant and agree that neither he, the said C. D., his executors or administrators, nor any other person or persons on his or their account, shall or will at any time during the said term hereby granted, sell or retail any beer, ale or other liquors whatso- ever, nor keep any victualling or other such public house of entertainment within the said building or tenement so to be erected as aforesaid, nor use, permit or suffer the trade of a tallow-chandler, or other such like offensive trade to be car- ried on therein, without the license of the said A. B., his heirs or assigns, first had and obtained in writing. Provided, also, nevertheless, and it is further covenanted and agreed, by and between the said parties to these pres- ents, that if the said C. D., his, etc., do not before the day of aforesaid, at his and their own proper costs and charges, make, erect, set up and finish the said house, building or tenement in all things as he, the said C. D., hath before covenanted and agreed to do, or if the said C. D., his execu- tors, administrators or assigns, shall use such building or tenement when erected, or permit the same to be used as an inn, victualling house, or house of entertainment, or use, per- mit, or suffer, or sell, or retail, therein or upon said premises, any beer, ale or other liquors whatsoever, or use, permit or suffer the business of a (tallow-chandler) or such like offensive trade to be carried on therein ; that then and from thence- forth this present lease or demise, and everything therein contained shall cease, be void and of no effect ; and the estate hereby granted to the said C. D., his executors, adminis- trators and assigns, shall cease and determine to all intents, constructions and purposes whatsoever; anything herein contained to the contrary thereof in any wise notwithstanding. And the said A. B. doth for himself, his heirs, executors and administrators, covenant, grant and agree, to and with the said C. D., his executors, administrators and assigns, that he, the said C. D., his executors, administrators and assigns, 884 Forms of paying the rent, and performing all and singular the cove- nants and agreements before, in and by these presents, com- prised, reserved and contained on his and their part and be- half, to be paid, done, performed and kept, shall and may lawfully, peaceably and quietly have, hold, occupy, possess and enjoy the said piece or parcel of ground hereinbefore granted and demised, together with the said house, building or tenement, to be thereon erected and built as aforesaid, with the appurtenances, for and during the said term of ( years) hereinbefore granted, without any lawful let, suit, trouble, molestation, eviction, expulsion or interruption of or by him, the said A. B., his heirs or assigns, or by any other person or persons whomsoever, lawfully claiming or to claim, by, from or under him, them, or any of them, or by or with any of their privity, assent, consent or procurement, n witness whereof, etc. (as in form No. 783). A. B. [L. S.J In presence of C. D. [L. S.] E. F. (Certificate of acknowledgment or proof, as in forms Nos. 6, etc.) I. It is usual to insert this enume- Philip's Church (107 N. Y. 610), as ration, or a similar one, in leases of to effect of a release of covenant this kind, although it does not ap- to build contained in a somewhat pear to be necessary. similar lease. See Smith v. Rector, etc., of St. No. 787. A contract for erection of building. Articles of agreement, made this day of , in the year one thousand hundred and , between A. B., of the (city) of , in the county of and State of , of the first part, and C. D., 6{, etc., of the second part. First. The said party of the second part doth hereby for himself, his heirs, executors and administrators, covenant, promise and agree to and with the said party of the first part, his executors, administrators or assigns, that he, the said party of the second part, his executors or administrators,. Leases. 885 shall and will, for the consideration hereinafter mentioned, on or before the day of , i , well and sufficiently erect and finish the new building upon the premises of the party of the first part upon street, in the said city (or, otherwise describe location), agreeable to the drawings and specifications made by E. F., architect, and signed by the said parties and hereunto annexed, within the time aforesaid, in a good, workmanlike and substantial manner, to the satis- faction and under the direction of the said E. F., to be testi- fied by a writing or certificate under the hand of the said E. F., and also shall and will find and provide such good, proper and sufficient materials, of all kinds whatsoever, as shall be proper and sufficient for the completing and finishing all the walls, etc., and other works of the said building men- tioned in the (annexed) specifications, conditions and draw- ings, for the sum of dollars. And the said party of the first part doth hereby, for him- self and his heirs, executors and administrators, covenant, promise and agree, to and with the said party of the second part, his executors and administrators, that he, the said party of the first part, his executors or administrators, shall and will in consideration of the covenants and agreements herein, being strictly performed and kept by the said party of the second part, as specified, well and truly pay, or cause to be paid unto the said party of the second part, his executors, administrators or assigns, the said sum of dollars, lawful money of the United States of America, in manner following : (state time and manner of payment). Provided, that in each of the said cases a certificate shall be obtained and signed by the said E. F. And it is hereby further agreed by and between the said parties : First. The specifications, conditions and the drawings are intended to co-operate, so that any works exhibited in the drawings and conditions, and not mentioned in the specifi- cations, or vice versa, are to be executed the same as if it were mentioned in the specifications and set forth in the drawings, to the true meaning and intention of the said drawings, conditions and specificaitions, without extra charge 886 Forms of whatsoever. The specifications, drawings and conditions are hereby made a part hereof. Second. The contractor, at his own proper cost and charges, is to provide all manner of materials and labor, scaffolding, implements, moulds, models and cartage of every descrip- tion, for the due performance of the several erections. Third. Should the owner, at any time during the progress of the said building, request any alteration, deviation, addi- tions or omissions, from the said contract, he shall be at lib- erty to do so, and the same shall in no way affect or make void the contract, but will be added to or deducted from the amount of the contract, as the case may be, by a fair and reasonable valuation. Fourth. Should the contractor, at any time during the progress of the said wdrks, refuse or neglect to supply a suf- ficiency of materials or w orkmen, the owner shall have the power to provide materials and workmen, after three days notice in writing being given, to finish the said works, qnd the expense shall be deducted from the amount of the con- tract. Fifth. Should any dispute arise respecting the true con- struction or meaning of the drawings or specifications, the same shall be decided by said E. F., and his decision shall be final and conclusive ; but should any dispute arise respect- ing the true value of the extra work, or of the works omitted, the same shall be valued by two competent persons — one employed by the owner, and the other by the contractor — and those two shall have the power to name an umpire, whose decision shall be binding on all parties. Sixth. The owner shall not, in any manner, be answerable or accountable for any loss or damage that shall or may -hap- pen to the said works, or any parts thereof respectively, or for any of the materials or other things used and employed in finishing and completing the same (loss or damage by fire excepted). Seventh. The contractors, and each of them, to be re- sponsible for each and every violation of the city ordinances caused by the obstruction of streets and sidewalks, and shall hold the owner harmless from any and all damage or ex- Leases. 887 pense arising therefrom ; said contractors, and each of them, shall be responsible • for, and shall save and keep the owner harmless and indemnified from and against all liability by reason of injury or damage to person or property in conse- quence of obstruction of the street or sidewalk or of any ma- terials or other thing therein or thereon if any, and from any excavation or want of light or other proper guard or warn- ing. Eighth. The contractors, and each of them, to take all necessary and proper steps to make, and to properly, care- fully and skilfully make all excavations without injury to ad- joining buildings and property, and to save and keep the owner harmless and indemnify him from and against all lia- bility and damage by reason of excavations if any, and fail- ure to properly, carefully and skilfully make the same, and to properly, carefully and skilfully do and perform all the work contracted for. Ninth. The contractors, and each of them to save and keep the building referred to in this contract, and the lands on which it is situated, free from any and all mechanics' liens, and other liens, by reason of his work or any material or other thing used therein ; and if the contractors, or either of them do not, the owner may retain sufificient of the contract price to pay the same, and all costs by reason of or in conse- quence thereof, and may pay said lien or hens, if any, and costs, and deduct the amount thereof from the contract price. In witness whereof, the said parties to these presents have hereunto set their hands and seals, the day and year above written.' A. B. [L. s.] C. D. [L. s.] Sealed and delivered in presence of E. F. (Acknowledgment, etc., when acknowledged, as in forms Nos. 6, etc.) I. See, also, forms Nos. 175 and 176. 888 Forms of No. 788. Lease for years of farm lands. This indenture, made this day of , in the year I , between A. B., of, etc., of the first part, and C. D., of, etc., of the second part)(witnesseth: That the said A. B., as well in consideration of one dollar to him paid at and before the sealing and delivery hereof by the said C. D., as of the rents, covenants and agreements hereinafter reserved and con- tained on the part and behalf of the said C. D., (his) execu- tors, administrators and assigns, to be paid, kept and per- formed, hath demised, granted and to facaartet, and by these presents doth demise, grant and to farm let, to the said C. D., his executors, administrators and assigns, all, etc., [de- scribing premises leased] (except the timber trees, and all young trees fit and proper to be raised and preserved for timber trees, now growing or being, or which shall hereafter grow or be in and upon the premises, or any part thereof, together with free liberty of ingress, egress and regress, to and for the said A. B., his heirs and assigns to sell, cut and carry away the same at fit and seasonable times of the year.) To have and to hold, all and singular, the said premises above mentioned with the appurtenances, (except as before excepted) unto the said C. D., his executors, administrators and assigns, from the day of the date hereof, for and during the term of years, then next and immediately ensuing, and fully to be complete and ended. Yielding and paying therefor, from and immediately after the commencement of the said term, and during the continu- ance thereof, unto the said A. B., his heirs and assigns, the rent of dollars, in and upon the day of in each year. And the said C. D., for himself, his executors, administra- tors and assigns, doth covenant and grant to and with the said A. B., his heirs and assigns, by these presents, in manner following, that is to say : that he, the said C. D., his execu- tors, etc., shall and will well and truly pay, or cause to be paid, unto the said A. B., his heirs or assigns, the said yearly rent above reserved, according to the true intent and mean- Leases. 889 ing of these presents, clear of and over and above all taxes and assessments whatsoever. And also, that he, the said C. D., his executors, etc., shall and will, from time to time during the term of this present i demise, bear, pay and discharge all taxes, charges and assess- > ments, ordinary and extraordinary, which may hereafter, at any time during the continuance of the said term, be im- posed or charged on the said demised premises, or any part thereof, or the said A. B., his heirs and assigns, for or in respect to the said premises, or any part thereof, and shall and will indemnify the said A. B., his heirs, executors, etc., of, from and against all damages, costs and charges which he or they may at any time sustain or be put to, by reason of any neglect in the due and punctual discharge and payment of the said taxes, charges or assessments. And also, the said C. D., his executors, etc., shall and will duly plough, sow, use, employ and manure the land hereby demised in a due and regular course of husbandry, according to the custom of the country, and in like manner spend and employ in and upon the premises all the dung, compost and manure which shall happen to be yearly made or arise there during the said term ; and shall also, from time to time during the said term, preserve and keep the fruit trees that are or shall be planted on the premises from any in- jury by plouging or by cattle, or otherwise. And also, that the said C. D., his executors, etc., shall and will, at all times during the said term hereby granted, well and sufficiently repair, maintain, amend and keep the premises hereby demised, in all and all manner of needful and necessary reparations and amendments whatsoever, when and as often as need shall require (having and taking in and upon the premises sufficient helps of wood and stone for the doing thereof, if the same be there, to be had without committing any waste or spoil, to be spent in and upon they premises only and not elsewhere), and the same being so well I and sufficiently repaired, maintained, amended and kept at the €nd, or other sooner determination of the said term, unto the said A. B., his heirs and assigns, shall and will peaceably and ] quietly leave and yield up. 112 890 Forms of And, also, that he, the said C. D., his executors or admin- istrators, or any of them, shall not, nor will at any time dur- ing the continuance of the said term, demise, let, set or as- sign over the term hereby granted, in the said premises or any part thereof, to any person or persons whomsoever, for any term or time whatsoever, without the license and con- sent of the said A. B., his heirs or assigns in writing, under his or their hands first had and obtained for such purpose. And, also, that it shall and may be lawful to and for the said A. B., his heirs and assigns, and every or any of them, at all and every time and times convenient, within the last year of the said term, to enter into and have so much of the demised premises as in the same year shall be mete to be fallowed, and to plough and to fallow the same, or every or any part thereof, according to the usage and custom of the country there on that behalf, without any let, interruption or disturbance of the said C. D., his executors, etc., or of any other person or persons, by his or their means, assent or procurement. And the said A. B. for himself, his heirs and assigns, doth covenant and grant, to and with the said C. D., his executors, etc., by these presents, that he, the said C. D., his executors, administrators and assigns, shall, or may at all times during the said term hereby granted, by and under the yearly rent, covenants, ccjnditions and agreements herein contained, peaceably and quietly have, hold, occupy, possess and enjoy, all and singular, the said premises hereby demised, and every part and parcel thereof, with the appurtenances (except as before excepted), without molestation, let, trouble, hindrance, interruption or denial of him, the said A. B., his heirs or assigns, or of any person or persons whatsoever lawfully claiming, or to claim the same or any part or parcel thereof : Provided, always, and these presents are upon this con- dition nevertheless, and it is the true intent and meaning of these presents, that,| ii, Lt shall happen that the yearly rent hereinbefore reserveoshall be behind and unpaid in part, or in all, by the space oC^ — days after the same ought to be paid, according to the reservation afores,aid (and no suffi- cient distress can or may be found in and upon the premises), Leases. 891 whereby the same with the arrears thereof (if any shall hap- pen to be), can be made ; or, if the said C. D., (his) executors or administrators, shall demise, set, let or assign this lease, or | the term hereby created, or shall sublet the said premises, or any part thereof, to any person or persons, for any term of time whatsoever without the license or consent of the said j A. B., his heirs and assigns, first had and obtained in writ- ing ; or, if the said C. D., his executors, administrators and \ assigns, shall not well and truly observe, keep and perform all and singular the covenants and agreements, on his or their parts to be observed, kept and performed, according to the true intent and meaning of these presents, fthat tnen and 1 from thenceforth, in any of the said cases, it shall and may ; be lawful to and for the said A. B., his heirs and assigns, into \ and upon the said hereby demised premises or any part thereof, in the name of the whole to re-enter, and the same to have again, re-possess and enjoy, as in his first and former estate and right, this indenture, or anything hereinbefore contained to the contrary thereof in any wise notwithstanding. In witness, etc. (as in form No. 783).^ A. B. [L. s.] C. D. [L. s.] Sealed and delivered in presence of E. F. (Acknowledgment, when acknowledged, as in forms Nos. 6, etc.) I. By section 1505 of the New days before the action is commenced York Code of Civil Procedure, it is serves upon the defendant a written provided (distress for rent having notice of his intention to re-enter, been abolished by chapter 274 of personally or by leaving it at his Laws of New York of 1846) that dwelling house on the premises, with where a right of re-entry is reserved a person of suitable age and discre- and given to a grantor or lessor of tion; or, if the defendant cannot be real property, in default of a sufB- found with due diligence, and has no ciency of goods and chattels whereon dwelling house on the premises, to distrain for the satisfaction of rent whereat a person of suitable age and due, the re-entry may be made, or an discretion can be found, by posting action to recover the property de- it in a. conspicuous place on the raised or granted, may be maintained premises. by the grantor or lessor, or his heir. Section 1504 of the said statute pro- devisee or assignee, at any time after vides that when six months' rent or default in the payment of the rent; more is in arrear, upon a grant re- provided the plaintiff, at least fifteen serving rent, or upon a lease of real 892 Forms of property, and the grantor or lessor, ment of rent, although in the form of or his heir, devisee or assignee, has a mere stipulation or contract, Is still a subsisting right by law to re-enter a condition, since it provides for end- for the failure to pay the rent, he ing the term, and forfeiture of the es- may maintain an action to recover tate in case of the default. (Horton the property granted or demised, v. N. Y. Central, etc., R. Co., 12 without any demand of the rent in Abb. N. C. 30; alFd, 102 N. Y. 697, arrear, or re-entry on the property. without opinion.) See, also, Conkey v. Hart (14 N. Upon breach of the condition, the Y. 22); Van Rensselaer v. Snyder lessors may resort to an action of (13 id. 299, affg S. C, 9 Barb. 302); ejectment to recover possession of Samson v. Rose (69 N. Y. 411). the demised premises, although no A clause in a lease which provides right of re-entry is expressly reserved for the termination thereof at the in the lease. (Id.) lessor's election upon default in pay- 2. See notes to form No. 783. No. 789. A lease in perpetuity. This indenture, made the day of , in the year I , between A. B., of, etc., and M. B., his wife, of the first part, and C. D., of, etc-, of the second part, witnesseth : That the said A. B., for and in consideration of the sum of , to him in hand paid, at and before the seaHng and delivery of these presents by the said C. D., the receipt whereof is hereby confessed and acknowledged, and of the rents, cove- nants and conditions hereinafter contained, on the part of the said C-. D., his heirs, executors, administrators and as- signs, to be paid, kept and performed, hath granted, bar- gained, sold, demised, leased and to farm let, and by these presents doth grant, bargain, sell, demise, lease and to farm let, unto the said C. D., and to his heirs and assigns, all that certain farm, piece or parcel of land, situate, etc. (describing premises leased), to have and to hold the said farm, piece or parcel of land, with the appurtenances, unto the said C. D., his heirs and assigns, forever, yielding and paying therefor, unto the said A. B., his heirs and assigns, yearly and every year forever hereafter, the yearly rent of (fifty bushels of good and merchantable winter wheat), at (specifying place of payment), in and upon the day of , in each year. And the said C. D., in consideration of the said grant and demise so aforesaid to him made, by the said A. B., hath Leases. 893 given, granted and confirmed, and by these presents doth give, grant and confirm, unto the said A. B., his heirs and assigns, a yearly rent of (fifty bushels of good, merchantable winter wheat), forever hereafter to be issuing, going, payable and taken, by and out of the lands and tenements hereinbe- fore described and conveyed : To have, hold, receive, take and enjoy the said yearly rent, unto the said A. B., his heirs and assigns, forever, the same to be paid at (state place of payment), in and upon the day of in each year, clear of, and over and above all taxes and reprises whatso- ever, the first payment to be made on the day of next ; (and in case it shall so happen that the rent above re- served, or any part thereof, shall be behind and unpaid by and for the space of thirty days next after any of the days of payment, then and in every such case it shall and may be lawful to and for the said A. B., his heirs and assigns, or any of them, into the whole or any part of the said lands and tenements, to enter, and there to distrain for the said rent, or the arrears thereof, and the distress so taken, to lead, drive and carry away, and the same to expose to sale at pub- He vendue ; and out of the moneys therefrom arising, to de- duct the rent then due and in arrear, together with the costs of distress and sale, and to return the overplus (if any there be) unto the said C. D., his heirs or assigns.)^ And the said C. D., for himself, his heirs, executors, ad- ministrators and assigns, doth covenant, grant and agree, to and with the said A. B., his heirs and assigns, that he, the said C. D., his executors, administrators and assigns, will from time to time, and forever hereafter, well and truly pay, or cause to be paid unto the said A. B., his heirs or assigns, the yearly rent above reserved and granted, at the days and times, and in manner aforesaid ; and will also well and truly discharge and pay all taxes, charges and assessments, or- dinary and extraordinary, taxed, charged, or assessed, and which may be at any time hereafter taxed, charged or assessed, to or upon the said lands and tenements, or any part or parcel thereof, or upon the said A. B., his heirs, executors, administrators or assigns, for or in respect of the said lands and tenements, or any part thereof, and indemnify 894 Forms of the said A. B., his heirs, executors, administrators and assigns, of, frona and against any damages, costs and charges, which he, or they, or any of them, may sustain, or be put to, by reason of any neglect in the due and punctual discharge and payment of the said taxes, charges and. assessments, or any part of them. And the said A. B., for himself, his heirs and assigns, doth hereby covenant and agree, to and with the said C. D., his heirs and assigns, that he and they, and each of them pay- ing the rent aforesaid, and performing, fulfilling and keeping all and singular the covenants, conditions and agreements herein contained, on his and their and each of their parts, to be performed, fulfilled and kept, shall and may lawfully, peaceably and quietly have, hold, possess, occupy and enjoy the lands and tenements hereby conveyed, and every part thereof, with the appurtenances, unto the said C. D., his heirs and assigns, without any suit, trouble, eviction, hin- drance, interruption or disturbance, of, by, or from the said A. B., his heirs or assigns, or of, by, or from any person or persons whomsoever, lawfully claiming, or to claim by, from or under him, them or any of them ; and that he, the said A. B., and his heirs, shall and will hereby warrant and forever defend the said premises to the said C. D., his heirs and assigns, against any person or persons lawfully claiming the same. Provided always, nevertheless, and these presents and everything herein contained are upon this express condition, that if it shall at any time happen that the said yearly rent shall, in whole or in part, be behind, for the space of days after any day of payment (and that no sufficient distress can be found upon the premises to satisfy such rent due and in arrear as aforesaid),^ or if any or either of the covenants or conditions hereinbefore contained on the part of the said C. D., his heirs, executors, administrators and assigns, to be performed, fulfilled and kept, shall not be performed, ful- filled and kept, or shall be broken, then and in each and every such case, and from thenceforth, and at all times thereafter, it shall be lawful to and for the said A. B., his heirs and as- signs, or any of them, into the whole of the said lands and Leases. 895 tenements, or any part thereof in the name of the whole, to re-enter, and the same, as his 'and their former estate, to have again, re-possess and enjoy; and the said C. D., his heirs, ex- ecutors, administrators and assigns, and all others thereout, and from thence utterly to expel, put out and remove; and upon such re-entry, this indenture and the estate hereby created shall be utterly void, anything herein contained to the contrary thereof in any wise notwithstanding.' In witness, etc. (as in form No. 783.) A. B. [L. S.j CD. [L. S.] Sealed and delivered in presence of E.F. (Acknowledgment or proof, as in forms Nos. 6, etc.) I. As to abolition of distress for 2. See note i to this form and the rent in the State of New York, and note therein referred to. as to remedies under leases in that 3. See notes to form No. 783. State, see note i to form No. 788. No. 790. A lease for lives. This indenture, made the day of , in the year I , between A. B., of, etc. (and M. B., his wife), of the first part, and C. D., of, etc., of the second part, witnesseth : That the said party of the first part, for and in consideration of one dollar, to him in hand paid by the said C. D., at and be- fore the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, and of the rents and cove- nants hereinafter mentioned and contained on the part and behalf of the said party of the second part, his executors, administrators and assigns, to be paid, kept and performed, hath demised, granted and to farm let, and by these presents doth demise, grant and to farm let, unto the said party of the second part, his executors, administrators and assigns, all, etc. (describing premises leased) (excepting and reserv- ing out of the premises hereby granted, all streams fit for mills, and a sufficient quantity of land for building mills and 896 Forms of dams, abating at the rate of one bushel of the said rent for every four acres for either of the said purposes). To have and to hold the said lot of land, with the appurte- nances (except as before excepted), unto the said party of the second part, his executors, administrators and assigns,, from the day of the date hereof, for and during the natural lives of the said party of the second part, and of E. F., of, etc., and G. H., of, etc., and for and during the natural life of the longest liver of them, so always as that the said term shall endure at least thirty-one years. Yielding and paying unto the said party of the first part, his heirs and assigns, yearly and every year during the term aforesaid, at such place in the county of as the said party of the first part, his heirs or assigns, shall for that pur- pose, from time to time, appoint, the rent of ( bushels. of good, merchantable winter wheat), on the day of in every year. The first payment to be made on the -^ day of , in the year i . And the said party of the second part, for himself, his ex- ecutors, administrators and assigns, doth by these presents covenant, grant and agree, to and with the said party of the first part, his heirs and assigns, in manner following, to wit : that he, the said party of the second part, his executors, ad- ministrators and assigns, shall and will well and truly pay, or cause to be paid unto the said party of the first part, his heirs and assigns, the yearly rent above reserved, according to the true intent and meaning of these presents, clear of, and over and above all taxes and expenses whatsoever. And also, that the said party of the second part, his ex- ecutors, administrators or assigns, shall and will settle on (or, take actual possession of) the said premises, within one year from the day of the date of these presents, and shall and will, within the space of years, to be computed from the day of the date of these presents, plant apple trees on the said premises hereby described, on some con- venient part thereof, in straight lines crossing each other at right angles, at the distance of feet from each other, and as often as any of the said trees shall die or decay or be destroyed, during the term aforesaid, shall and will plant Leases. 897 other trees in the place or stead of those which shall die, de- cay or be destroyed, and the said trees shall maintain and keep in good and sufficient order , and that, if default shall, at any time during the said term, be made in planting the said apple trees, or any of them, or in replacing such as shall decay or be destroyed in manner and form hereinbefore pro- vided, that then, and in such case, the said party of the sec- ond part, his executors, administrators or assigns, shall and will pay, to the said party of the first part, his heirs or as- signs, within one year after such default shall be made, the sum of (two dollars) for every apple tree so deficient. And also, that the said party of the second part, his ex- ecutors, administrators and assigns, shall and will from time to time, during the term aforesaid, retain, keep and set apart acres of the said land for wood, and shall not, nor will not, cut or destroy, or permit any person or persons what- soever, to cut or destroy any part of the timber and wood growing thereon, excepting only for making or repairing the buildings to be erected on the said piece or parcel of land, and for necessary fencing and fuel for a dwelling house on the same. And that the said party of the second part, his executors, administrators and assigns, shall and will pay all ordinary or extraordinary taxes assessed or imposed on the said land, and shall and will, at the expiration of the said term, peaceably and quietly gi'^e and yield up the possession of the said piece or parcel of land, with the said buildings and fences, which now are, or hereafter may be erected thereon, in good repair, to the said party of the first part or his assigns. Provided, always, and these presents are upon condition nevertheless, that if the said yearly rent of ( bushels of good, merchantable winter wheat), or any part thereof, shall be behind and unpaid for the space of (six months) after any of the days hereby limited for payment thereof, or if the said party of the second part, his executors, adminis trators or assigns, shall neglect or refuse to perform any of the covenants contained in these presents, that then, and from thenceforth, it shall and may be lawful, to and for the said parties of the first part, their heirs or assigns, into the "3 898 Forms of said piece or parcel of land hereby demised, to re-enter, and the same and every part thereof to have again, repossess and enjoy, as in their first and former estate, anything herein contained to the contrary thereof notwithstanding. And provided further, that if the said party of the second part, and E. F. and G. H., or any of them, shall not reside on the lands hereby demised, and none of them can, at the expiration of the said thirty-one years, after reasonable search and inquiry, be found, that then, and in every such case, and after the expiration of one year from the date of a notice to be given in writing by the said party of the first part, his heirs or assigns, to the tenant of the said land hereby demised, and that such search and inquiry have been made without effect, it shall and may be lawful to, and for the said A. B., party of the first part, his heirs or assigns, into the said piece or parcel of land, or into any part thereof, in the name of the whole, to re-enter, and the same to have again as his first and former estate, unless one of the said persons 'shall be produced before a (county judge of any county of the State of New York), or proof made by the afifidavit of two or more credible witnesses, before any one of the said judges, that one of the said persons is in full life, and unless the said A. B., party of the first part, his" heirs or assigns, shall receive a certificate of such production or proof, and a note of the place of residence of such person, before the expiration of the said year, signed by the said judge.' And the said A. B., party of the first part, for himself, etc., (insert covenant of quiet enjoyment, as in form No. 783.)^ In witness whereof, etc. (as in form No. 783). A. B. [L. S.] M. B. [L. s.] C. D. [L. s.] Sealed and delivered in presence of E. F. (Acknowledgment or proof, as in forms Nos. 6, etc.) J. See, also, as to proceedings to erty, after the death of another who discover the death of a life tenant by has a prior estate therein, N.Y. Code a person entitled to claim real prop- Civil Procedure, §§ 2302-19. Leases. 899 2. Section 19 of title 4 of chapter i the recovery of all arrears of such of part 2 of the New York Revised rent that shall be behind and unpaid Statutes provides that any person at the death of such other person, as having any rent due upon any lease he might have had if such person was for life or lives, may have the same in full life. (Id.) remedy to recover such arrears, by By chapter 274 of the Laws of New action of debt, as if such lease were York of 1846, distress for rent was for years. (I N. Y. R. S. 747; 7th abolished, and other proceedings ed. 2202.) were provided, in case of a provision Section 20 of same title provides in the lease for distress for non-pay- that every person entitled to any rents ment of rent. These provisions are dependentupon the life of any other, now contained in the N. Y. Code may, notwithstanding the death of of Civil Procedure. See note i to such other person, have the same form No. 7S8 remedy by action or by distress, for No. 791. Deed of surrender to the reversioner. (N. Y. Rev. Stat., part 2, chap. 7, tit. 2, § 6.) This indenture, made the day of , in the year 1 , between A. B., of, etc., of the one part, and C. D., of, etc., of the other part : Whereas, the said C. D., by his inden- ture of lease, bearing date, etc., did demise, set, and to farm let, etc. (reciting the property and the term as in the lease): Now, these presents witness, that for and in consideration of dollars, to the said A. B., in hand paid at the enseal- ing and delivery of these presents, by the said C. D., and to the intent and purpose that the said term, in the said lands and premises, may be wholly merged and extinguished, he, the said A. B., hath given, granted and surrendered, and, by these presents, doth give, grant and surrender unto the said C. D., and his heirs, all the said lands and premises in the said indenture of lease contained and demised as afore- said, and all the estate, right, title, interest, term of years, property, claim and demand whatsoever, of him, the said A. B., of, in, to, or out of the same, or any part or parcel thereof: To have and to hold the said lands and premises to the said C. D., his heirs and assigns, and to his and their only proper use and behoof. And the said A. B. doth hereby for himself, his heirs, ex- ecutors and administrators, covenant and agree, to and with goo Forms of the said C. D., his heirs and assigns, that he, the said A. B., hath not at any time heretofore made, done, committed, ex- ecuted, permitted or suffered any act, deed, matter or thing whatsoever, whereby, or wherewith, or by reason or means whereof, the said lands and premises hereby assigned or sur- rendered, or any part or parcel thereof, are or is, or may, can or shall be any ways impeached, charged, affected or incum- bered.' In witness, etc. (as in form No. 783). Sealed and deliverea in presence of E. F. A. B. [L. s.] (Acknowledgment or proof, as in forms Nos. 6, etc.) I. Section 6 of part 2, chapter 7, title 2 of Revised Statutes of New York, provides that no estate or in- terest in lands, other than leases for a term not exceeding one year, nor any trust or power over or concern- ing lands, or in any manner relating thereto, shall hereafter be created, granted, assigned, surrendered or declared, unless by act or operation of law, or by a deed or conveyance in writing, subscribed by the party creating, granting, assigning, sur- rendering or declaring the same, or by his lawful agent, thereunto au- thorized by writing. (2 R. S. 134; 7th ed. 2326.) Surrender is the yielding up of an estate for life or years, to him that hath the next immediate es- tate in reversion or remainder. (2 Kent Com. 112 ; Co. Litt. 337b ; Schieifelin v. Carpenter, 15 Wend., p. 405.) Where the unexpired term of a lease does not exceed one year, it may be surrendered by parol, al- though the lease was originally for a longer period. The statute relates to the estate of the tenant, and not to the terms of the instrument by which it is created. (Smith v. Devlin, 23 N. Y. 363.) Inasmuch as a valid lease by parol may be made for a year, one under seal having but a year to run, may be surrendered by a new parol one for that time. (Id.; Smith v. Kerr, 33 Hun, p, 572.) When the parties make another lease, valid as a contract, whether by parol or otherwise, inconsistent in terms with the continuance of an ex- isting lease, it operates as a surren- der of the latter. (Schieifelin v. Car- penter, 15 Wend. 400, 406, 407; Smith V. Niver, 2 Barb. 180; Bedford v. Terhune, 30 N. Y. 453, 462; Coe v. Hobby, 72 id. 147, cited in Smith v_ Kerr, supra.) See, also, Vandekar V. Reeves (40 Hun, 430), as to sur- render by operation of law; and see, generally as to surrender, Sully v. Schmitt (31 N. Y. State Rep. 443); Spier v. Voss (30 id. 549; S. C, g N. Y. Supp. 532); Ramsay v. Wilkie (36 isr. Y. State Rep. 864; S. C, 13 N. Y. Supp. 554); Chamberlain v. Dunlop (126 N. Y. 45; S. C, 36 N. Y. State Rep. 273): Ball.ou v. Baxter (28 N. Y. State Rep. 431; S. C, 8 N. Y. Supp. 15), among recent cases. Leases. 901 No. 792. Surrender of lease by lessee to lessor to be endorsed on the lease. (N. Y. Rev. Stats., part 2, chap. 7, tit. 2, § 6.) Know all men by these presents, that I, the within named A. B., in consideration of dollars to me in hand paid, at and before the ensealing and delivery of these presents, do for myself, my executors and administrators, bargain, sell, surrender, and yield up, from the day of the date hereof, unto the within named C. D., and his heirs (or, his executors and administrators), as well the within indenture of lease, as the lands and premises therein mentioned, and the term of years therein yet to come, with all my right, title and interest thereto, and covenant that the same is free and clear of all in- cumbrances of what kind soever, at any time, by me or by my privity, consent or procurement, done, committed or suffered. In witness, etc. (as in form No. 30.)' A. B. [L. S.] Sealed and delivered in presence of E. F. (Acknowledgment or proof, as in forms Nos. 89, etc.) I. See note to last form, No. 791. No. 793. Lease of offices in building containing elevator, steam heat- ing, etc. This agreement, made this day of , in the year one thousand hundred and , between The Bank of , N. Y., of the first part, and A^B., etc., of the second part, witnesseth ; That the said party of the first part hath agreed to let, and hereby doth let to the said party of the second part, and the said party of the second part hath agreed to hire and take, and hereby doth hire and take, from the said party of th^ first part, the room known and designated as No. , in the story of the building (situate on the side of street, in the said city of ,' known as " The Bank Building," ajid in the street numbering of said_ city desi^ated as-Nos. and street, to be used as (stating purpose), and for no other purpose, for the term of 902 Forms of year (or, years), to commence on the day of , i , at 12 o'clock at noon on that day, and to end on the day of , I , at 12 o'clock at noon on that day, at the annual rent of dollars, lawful money of the United States, and to be paid in equal quarterly payments on the first business day of February, May, August and November in each and every year during and until the end of said term, to the said party of ^ the first part, at its banking house in the said city of ,; or to such agent as said party of the first part, its successors or assigns, may at any time hereafter appoint and ' designate, f And it is hereby mutually understood and agreed, by and between the said parties, that the aforesaid leasing, letting and hiring is upon the following conditions, all and every of which the said lessee, for himself, his executors, adminis- trators and assigns, doth covenant and agree, to and with the said lessor, its successors and assigns, to keep and perform : First. The said lessee shall pay to the said lessor, its agent or assigns, the said specified rent, at the times and place and in the manner hereinbefore provided ; and in case of non-payment of the said rent at the said times and place, or in case the said leased premises shall be deserted or va- cated, the said lessor, its agent or assigns, shall have the right to enter the same as the agent of the said lessee, either by force or otherwise, without being liable to any prosecu- tion or damage therefor, and to relet the said premises as the agent of the said lessee, and to collect and receive the rent therefor ; and the said lessee hereby expressly agrees to give formal written notice to the said lessor, its agent or as- signs, on or before the first day of February, i , of his I decision as to the rehiring or the surrender of the said leased premises at the end of said term. Second. Neither the premises hereby leased, nor any part thereof, shall be sublet, nor shall this lease, nor the term hereby demised, nor any part of said lease or term, be as- signed without the consent in writing of the said lessor or its assigns first having been indorsed or written on this in- strument. Neither shall said premises be used, nor shall they be permitted to be used for any purpose other than Leases. 903 hereinbefore specified; and if said premises, or any part thereof, shall be so sublet, or said lease or term, or any part of said lease or term, assigned without said written consent, or said premises, or any part thereof, be used except as afore- said, the said lessor or its assigns, by reason of either or any of said acts, shall have the right to terminate and end this lease, and to re-enter and relet- the said premises. Third. The said lessee shall quit and surrender the said premises at the end or sooner determination of said term, in as good condition as the reasonable and proper use thereof will permit, and not make any alterations, additions or im- provements in said premises without the written consent of the said lessor or its assigns ; and all alterations, additions or improvements which shall be made upon said premises by either of the parties hereto, except movable ofifice fixtures, put in at the expense of the lessee, shall be the property of the lessor or its assigns, and shall remain upon and be surren- dered with the premises as a part thereof, at the termination of this lease, without any hindrance, molestation or injury. Fourth. The rules and regulations in regard to said building, printed at the end of this lease, and such further reasonable rules and regulations as the lessor shall hereafter adopt and notify to the said lessee regarding the use and enjoyment thereof, shall be deemed and taken as a part of this lease, and shall, during the said term, be in all things observed and per- formed by the said lessee, his clerks, agents and servants, in the same manner as if the same were incorporated into the body of this lease. Fifth. If during the term of this lease, the said building or the demised premises are destroyed by fire or the elements, or partially so destroyed, so as to render the said premises wholly unfit for occupancy, and if they be so badly injured that they cannot be repaired within sixty days from the hap- pening of such injury, then this lease shall cease, and become null and inoperative from and after the date of such damage or destruction, and the said lessee shall immediately surren- der the said leased premises and all interest therein to the said lessor or its assigns, and the said lessee shall pay rent as aforesaid, only to the time of such surrender ; and in case 904 Forms of of destruction or partial destruction, as above mentioned, the said lessor, or its assigns, may re-enter and repossess said premises, discharged of said lease, and may remove all par- ties or property therefrom ; and if said premises shall be re- pairable within sixty days from the happening of such in- jury, then no rent shall run or accrue after said injury while the repairs thereof are being made, and the said lessor shall make such repairs with all reasonable speed, and the rent shall recommence immediately after such repairs shall have been completed. But if said premises shall be so slightly in- jured by fire or the elements as not to be rendered unfit for occupancy, then the said lessor agrees that the same shall be repaired as soon as practicable, and in that case the rent ac- cruing shall not cease or determine. Sixth. The said lessor shall have in operation in said build- ing a passenger elevator, which shall be run from 8 A. M. to 7 P. M. on every business day, during said term, but not during Sundays or holidays; all ordinary cleaning, oiling and repair- ing of said elevator shall be done either before or after busi- ness hours; but in case it shall at any time become necessary by reason of accident or from any injury to the elevator, engine, boiler, machinery, or anything appertaining thereto, to make any extraordinary repairs or improvements, the les- sors shall have the right to stop the operation of such elevator for such time, during business hours, as shall be necessary to make the needed repairs, and put said elevator, engine, boiler and machinery in good working order, but no more time shall be employed than is absolutely necessary. Seventh. Said lessor shall keep in the said leased premises a steam or other warming apparatus, sufficient to properly warm said premises at all times when artificial heat is neces- sary and sufficiently supplied with steam to render the prem- ises at all times comfortable for occupation for the purpose above specified^ and also shall cause said premises to be prop- erly cared for and cleaned by the janitor of said building during the said term unless the said lessee shall prefer to have the said premises cared for and cleansed at his own ex- pense and by his own employes, in which case permission in that respect will be given by the lessor, subject to such gen- Leases. 905 erai written regulations and rules as said lessor shall adopt for and as applicable to such cases; it is, however, expressly understood and agreed that the lessor shall be in no wise responsible to any tenant for any loss of property from the building or leased premises, however occurring, or any dam- age done to the furniture or other effects of any tenant by the janitor or any of his or its employes. Eighth. Said lessor shall not be liable for any damage to any property at any time in said premises or building from water, rain or snow, which may leak into, issue or flow from any part of said building, of which said leased premises are a part, or from the pipes or plumbing work of the same, or from any other place whatever, unless such damage shall be caused by the negligence of the lessor, its agents or servants ; and the said lessee shall give to the said lessor prompt notice in writing of any accident to or defect in any of the water, gas or warming pipes or apparatus in said premises, which shall be remedied by the lessor as soon as practicable. Ninth. In case of the violation of the herein contained covenants, agreements, conditions, rules and regulations, or any of them, by said lessee, this lease shall thenceforth (at the option of the said lessor) become null and void, and the said lessors may re-enter without notice or demand and re- move all persons and things therefrom, and in such case the rent shall be apportioned and paid on and up to the day of such entry and removal by said lessors. And the said lessee shall be liable in addition for all loss or damage resulting from any such violation as aforesaid In witness whereof, the said party of the first part hath hereunto caused its corporate seal to be afifixed and these presents to be subscribed by SEAL OF ) C. D., its president, and the said party of the LESSOR, f second part hath hereunto set his hand and seal the day and year first above written. The Bank, by C. D., its President. A. B., [L. S.J Signed, sealed and delivered in presence of G. H. ,114 9o6 Forms of City and County, ss.; On the day of , i , C. D., to me known, came before me, who being by me sworn did say, that he resides in the city of , and is president of the bank of , that the seal affixed to the foregoing instrument is the corporate seal of said bank, and was thereto affixed by the order of the board of directors of said bank, and that he signed the same as president of said bank by virtue of a like order of said board of directors. City and County, ss. : On this day of , i , A. B., to me known to be the individual described in and who executed the foregoing instrument, came personally before me and acknowledged that he executed the same. M. N. (Official title.) In consideration of the letting of the premises within de- scribed, and of the sum of one dollar, I (or, we) do hereby become surety (or, sureties) for the punctual payment of all the rent and the performance of all the covenants in the within written agreement mentioned to be paid and per- formed by A. B., as therein specified ; and if any default shall at any time be made therein, I (or, we) do hereby promise and agree to pay unto the said lessors in said agreement named, the said rent, or any arrears thereof that may be due, and fully satisfy the conditions of said agreement and all damages that may accrue by reason of the non-fulfillment thereof, without requiring notice or proof of demand being made. Given under my (or, our) hand and seal this day of [L. S.] Signed, sealed and delivered in the presence of F. G. (Acknowledgment by surety or sureties, as above.) Leases. 907 Rules and Regulations Referred to in the Forego- ing Lease. 1. The sidewalk, entry, passages, elevator and stairway shall not be obstructed and shall not be used otherwise than for ingress and egress to the leased premises. 2. The floors, skylights and windows in the passageways, or parts of the building in general use shall not be covered or obstructed. 3. The water-closets shall be used only for the purposes intended in constructing them, no sweepings or refuse shall be put in them and all damage resulting from their misuse shall be borne by the tenant causing it or by whose agents or servants it has been caused. 4. No signs or notices shall be placed on any part of the outside or inside of the building excepting on the glass of the doors and windows, nor any on the glass of the doors and windows, unless they shall first have been approved by the lessor by indorsement on the lease specifying the places where and the manner in which they shall be put thereon. 5. A tablet or tablets will be placed in main halls or at other proper and conspicuous place or places in the building selected by the lessor containing the names of each lessee, and the number of the room or rooms occupied by him. 6. Tenant shall not do or permit anything to be done to increase the rate of fire insurance, or obstruct or interfere with rights of other tenants or violate the fire laws or the laws arid ordinances of the health board and health officers of the city and state. 7. The lessor shall have power to limit the weight and pre- scribe the proper position of safes, and all damage done to the building in the taking out and putting in of safes, and while on the premises shall be made good and paid for by the tenant causing the safe to be brought on premises. 8. The tenant shall remove all signs, and otherwise leave the windows and doors in condition in which they received them and on termination of lease deliver up all keys, belong- ing to locks remaining in the building. 9o8 Forms of 9. No methods of heating other than provided in the lease, shall be used by the lessees or any of them without special agreement in writing, providing for the lighting of fires and storing and moving of fuel and ashes. 10. Tenants are not to employ any other person than the janitor of the building for work of cleaning, lighting fires, storing and moving fuel and ashes, except as provided in the seventh section of lease. 11. The lessor shall have a right of entry by its agents at reasonable hours, to examine the premises let, and to make necessary repairs and alterations for the safety and preserva- tion of the building and care of the rooms. Also to exhibit premises to be let and to put on them the usual notice of the fact that they are for rent, which shall not be removed during three months previous to expiration of the lease. 12. The lessees are not to be guilty of loud and boisterous conduct in the building or of permitting such conduct by their employes ;f or of smoking or permitting their employes to smoke in the elevator ; |or of defacing the building or al- lowing their employes to do so. 13. The lessees shall not throw or permit the throwing by their employes of anything out of the windows or doors or down the passages or skylights of the building. 14. The lessees shall not keep animals in or about the building or permit their agents or employes to keep them. 15. The lessor reserves the right to make such other rules and regulations as may seem desirable for the safety, care cleanliness and proper regulation of the premises and for the preserving of good order therein. 16. The lessor shall not keep kerosene, burning fluid or ' other illuminating material in the building excepting that in addition to gas, candles may be used. 17. The lessee shall take and hold his lease in every case, subject to the right of the adjoining owners of the property on the east and west of said building to build up and ob- scure the windows opening over such adjoining property or any of such windows. But in case such windows or any of them shall be so obscured the tenant whose premises shall be affected thereby may terminate his lease, his rent Leases. 909 being apportioned to the time of the termination of such lease. 18. The lessee shall not introduce or admit into the leased premises any telephone wire or other means of external com- munication, except by permission of the lessor, given in writing, and subject to the latter's restrictions and require- ments. 19. No shades or awnings shall be put up by the lessees, except with the written consent of the lessor. 20. The elevator shall be run only by the employes of the lessor. 21. All complaints by the lessees shall be made in writing and addressed to the lessor. / No. 794. Agreement for lease. See forms Nos. 171, 172. No. 795. Lease containing chattel mortgage clause. A lease, made and executed between A. B., of, etc., of the first part, and C. D., of, etc., of the second part, the day of , in the year one thousand hundred and . In consideration of the rents and covenants hereinafter expressed, the said party of the first part hath demised and leased and doth hereby demise and lease to the said party of the second part the following premises, viz.: (describ- ing them), with the privileges and appurtenances, for and during the term of years from the day of , I , which term will end on the day of , i , at 12 o'clock at noon. And the said party of the second part covenants that he will pay to the party of the first part, for the use of said premises, a (yearly) rent of dollars, to be paid as follows : (stating times of payment). And it is hereby agreed that the said party of the first part shall have a lien as security for the rent aforesaid upon the following goods and chattels, to wit : (describing them), and also upon all the goods, wares, chattels, implements, fixtures. 9IO Forms of tools and other personal property which are or may be put on the said demised premises, and such lien may be enforced on the non-payment of any of the rent aforesaid by the taking and sale of such property in the same manner as in cases of chattel mortgage on default thereof ; said sale to be made on six days' notice, posted upon the demised premises, and served upon the party of the second part, or left at his place of residence. And provided said party of the second part shall fail to pay said rent, or any part thereof, when it becomes due, it is agreed that said party of the first part may sue for the same, or re-enter said premises, or resort to any legal remedy. (The party of the second party agrees to pay all (stating kind of taxes) taxes to be assessed on said premises during said term.) The party of the second part covenants that at the expira- tion of said term, he will surrender up said premises to the party of the first part, in as good condition as now, necessary wear and damage by the elements excepted. Witness the hands and seals of the said parties the day and year first above written. A. B. [L. s.] C. D. [L. s.] (Acknowledgment, if required, as in forms Nos. 6, etc.) TITLE II. Statutory Forms of Leases. No. 796. Form of lease in State of Maryland. 797. Same in State of Virginia. 798. Same in State of West Virginia. No. 796, Form of lease in State of Maryland. (Pub. Gen. Laws of Maryland, art. 21, § 62.) This lease, made this day of , in the year i , between and , witnesseth: That the said doth Leases. 91 1 lease unto the said , his personal representatives or as- signs (here describe property), for the term of years, be- ginning on the day of , in the year i , and end- ing on the day of , in the year i , the said paying therefor the sum of dollars, on the day of , in each and every year.^ Witness their hands and seals. . [SEAL.J . [SEAL.] (Acknowledgment, if acknowledged, as in forms Nos. 48, etc.) I. By section 63 of article 21 of the By section 64, id., any other form of Code of Maryland, the above form lease conforming to the rules there- of lease is given and is declared to inbefore laid down, or to the rules of be sufficient, and that any covenant, law, shall be sufficient, limitation, restriction or proviso al- See, also, forms 48,49, 50 and note lowed by law may be added, annexed thereto, to, or introduced therewith. No. 797. Form of lease in State of Virginia. (Code of Virginia, § 2440.) " This deed, made the day of , in the year i , between (here insert the names of parties), witnesseth : That the said doth (or, do) demise unto the said , his per- sonal representatives and assigns, all, etc. (here describe the property), from the day of , for the term of , thence ensuing (*) yielding therefor during the said term the rent of (here state the rent, and mode of payment.) " Witness the following signature and seal (or, signatures and seals)."* In presence of (Signatures and seals.) M. B. (Acknowledgment, as in form No. 140.) I. A deed of lease may be made in See, also, form No. 140, and note the following form, or to the same i thereto, effect : (here is inserted the above form of lease as quoted). (Code of s Virginia, § 2440.) 912 Forms of No. 798. Form of lease in State ofWest Virginia. (Code of West Virginia, chap. 72, § 5.) " As in last form, No. 797, to (*) and from thence as follows : the said (the lessee) paying to the said (the lessor) therefor during the said term, the rent of (here state the rent, and mode of payment.) Witness, etc. (as in last form. No. 797).' (Signatures and seals.) In presence of M. B. (Acknowledgment, as in form No. 142.) I. A deed of lease may be in the See, also, forms Nos. 142-144 and following form, or to the same elFect: notes thereto. . (here is inserted the above form of lease, as quoted.) (Code of West Virginia, chap. 72, § 5.) Letters of Credit and Guaranties. 913 CHAPTER XXVI. Forms of Letters of Credit and Guaranties. No. 799. General letter of credit and guaranty. 800. Special letter of credit. 8or. Guaranty of credit. 802. Guaranty to bank. 803. Guaranty of payment of instrument, indorsed thereon. No. 799. General letter of credit and guaranty. New York, , i . Sir: — We hereby agree to accept and pay at maturity, any draft or drafts on us at sixty days' sight, issued by Messrs. K. D. &. Co., of your city, to the extent of (thirty- five thousand) dollars, and negotiated through your bank. We are respectfully, sir, your obedient servants, H. & C. I hereby guarantee the due acceptance and payment of any draft issued in pursuance of the above credit.* J. C. I. A general letter of credit au- Where A., by a general letter of thorizes any person to whom it is credit, undertook to accept and pay presented to act upon the proposi- drafts to be drawn by B., to a given tion therein contained; and when amount, and C, at the foot of the any person does act thereon, a con- letter, wrote and signed a guaranty tract arises between him and the in the words given in the above form, maker of the instrument, in the same Aeld, that the letter and guaranty manner as if it had been addressed to should be read and construed to- him by name. (Union Bank v. Cos- gether, that the consideration of the ter's Executors, 3 N. Y. 203.) guaranty was sufficiently expressed And such a letter of credit, if it in the writing, and, therefore, that the authorizes more than a single trans- guaranty was a valid undertaking action with the party to whom it is within the statute of frauds. (Id.) See, granted, may be honored by several also. Draper v. Snow (20 N. Y. 331), persons successively, keeping within distinguishing the above cited case, the aggregate limit specified in the At the time of the above decision, instrument. (Id.) the statutes of New York required a "5 914 Forms of contract of guaranty to express the consideration. By the amendment of 1863, chapter 464, page 802, the words " expressing the considera- tion " were omitted. Such contract, therefore, now no longer is required to express the consideration, but it, or some note or iriemorandum thereof must still be in writing, and sub- scribed by the party to be charged therewith. See, also, as to effect of such amendment, among other cases, Speyers v. Lambert (6 Abb. Pr. N. S. 309); Evansville Nat. Bank v. Kaufman (93 N. Y. 273); Drake v. Seaman (97 id. 230); Barney v. Forbes (118 id. 580); Beakes v. Da Kunha (126 id. 293). A consideration is necessary to render the guaranty valid, and al- though it is no longer necessary that it should be expressed in the written contract itself, if it is not so acknowl- edged it must be proved in order to recover on the'contract. (Evansville Nat. Bank v. Kaufman, supra.) The words "for value received" suffi- ciently express the consideration of a guaranty. (Miller v. Cook, 23 N. Y. 495.) A written guaranty given by a third person to a creditor, that his debtor will thereafter pay to him a pre-ex- isting debt, must, it seems, notwith- standing the amendment of the stat- ute of frauds by chapter 464 of the Laws of 1863, expressly or by fair implication, disclose that the promise rests upon fair consideration (Bar- ney v. Forbes, supra, p. 585), in which case the case of Speyers v. Lambert is said to have been overruled. See, also, generally as to guaranty, form No. 240, and note thereto, and see further, as to letter of credit, Bank of Montreal v. Recknagle (109 N. Y. 482). No. 800. Special letter of credit. New York, , i . Messrs. W. J. B. & Co., Liverpool : Gentlemen : — At the request of our mutual friends, Messrs. S. & T., and on their account, we beg leave to open a credit for ;£' 10,000, say ten thousand pounds sterling uncov- ered at any one time, in favor of Mr. J. D., to be negotiated by him in Rio de Janeiro by drafts on you at sixty days' sight. This credit to expire on , i . You will of course keep Messrs. S. & T. advised as the credit is used, and they will attend to placing you in funds.^ We are, gentlemen, your obedient servants, B. B. & Co. I. The above form of letter of drawn by S. in the form prescribed credit is from the case of Birckhead by the letter, and on the faith of it, v. Brown (5 Hill, 634), and under could not maintain an action in his which it was held that a third person own name against B , though the who had advanced money on drafts firm at Liverpool refused to accept, Letters of Credit and Guaranties. 915 there being in such case no privity of contract save between B. and his firm. Letters of credit and commercial guaranties are not negotiable instru- ments. (Id., per Bronson, J.) Where a letter of credit is general, i. c, addressed to all persons, any one to whom it is presented may act upon and enforce it. Otherwise if the letter be addressed to a particu- lar individual; for in such case he alone can acquire rights under it. (Id.) See, also, Evansville Nat. Bank v. Kaufman (93 N. Y. 273,287); Drake V. Seaman (97 id. 234); Union Bank v. Carter (3 id. 303); Russell v. Wiggin (2 Storj', 213); Lienow v. Pitcairn (2 Paine, 517); Sleeker v. Hyde (3 Mc- Lean, 279); State Nat. Bank v. Young (14 Fed. Rep. 889); Gelpcke v. Quen- tell (59 Barb. 250); Rogers v. Warner (8 Johns, iig); Whitney v. Groot (24 Wend. 82); Everson v. Gere (122 N. Y. 290), among other cases as to let- ters of credit. No. 801. Guaranty of credit. MiDDLEPORT, Feb. 6, 1- Mr. Gates : Sir — I will be responsible for what stock M. E. M. has had or may want hereafter to the amount of dollars.^ C. M. I. The foregoing contract was held in Gates v. McKee (13 N. Y. 232), to be a continuing guaranty, and not exhausted by purchases of and pay- ments for stock to the amount men- tioned. See, also, that case as to the rules of construction applicable to guaranties and other contracts of sureties. (18 N. Y. 502); Rindge v. Judson (24 id. 64); Hayden v. Crane (i Lans. 181); Sickle v. Marsh (44 How. Pr. 91); Lord v. Cohn (13 N. Y. Week. Dig. 466); Pratt v. Matthews (24 Hun, 386); City Nat. Bank of Pough- keepsie v. Phelps (16 id. 158); Knowles v. Cuddeback (19 id. 590); Delaware L. & W. R. Co. v. Burk- See, also, Agawam Bank v. Strever hard (114 N. Y. 197). No. 802. Guaranty to bank. New York, February 15, i . City Bank, Poughkeepsie, N. Y. * We hold ourselves responsible for the payment of any sum, not to exceed five thousand dollars ($5,000), Mr. C. H. W. may require of your bank for legitimate business pur- poses.i Yours respectfully, P. &K. I. In an action upon the above a sufficient consideration to validate guaranty, it was held that it expressed it under the statute of frauds ; and gi6 Forms Relating to that it was a continuing guaranty. (City Nat. Bank of Poughkeepsie v. Phelps, 86 N.Y. 484.) Also, that the fact that the money procured by W., upon the strength of the guaranty, was not used by him in his business, was no defense, in the absence of evidence that such other use was with the knowledge of the bank, or that the bank advanced more money than was needed for his legitimate business purposes, or that it was loaned for other than those purposes, that the bank was not re- quired to see to the use made by W. of the money, and that no notice was required to the guarantor, of the ac- ceptance of the guaranty, it being an absolute one. (Id.) The said bank after loans had been .made to W., upon the faith of the guar- anty, abandoned its State organiza- tion, and was reorganized as a Na- tional bank, as authorized by the act of 1865 (chap. 97). A portion of said loan had not been paid, new notes having been given in renewal, ffelii, that for whatever sum the defendant was bound to the State bank, when it was reorganized, that indebted- ness passed to plaintiff; and con- ceding that plaintiff could not re- new with the assent of defendant, or make fresh advances and still hold him liable, it had the right to enforce the liability to the State bank. (Id.) No. 803. Guaranty of payment of instrument indorsed thereon. For value received, I (or, we jointly and severally) hereby guaranty the payment of the within (note).' Dated , i . (Signature or signatures.) I, See Manrow v. Durham (3 Hill, 584; affd, S. C, 2 N. Y. 533); Draper v. Snow (20 id. 331). The words " for value received," sufBcientlj- express the consideration of a guaranty. (Miller v. Cook, 23 N. Y. 495-1 Where the holder of a promissory note, acting for himself, sells the same, and promises the purchaser that it is good and will be paid at maturity, such promise is not col- lateral to answer for the default of the maker, and is not within the statute of frauds. (Milks v. Rich, 80 N. Y. 269; S. C, 36 Am. Rep. 615, aff'g 15 Hun, 178.) A guaranty written beneath a lease, and stating that it is made "in con- sideration of the demise of the premises above mentioned," suffi- ciently expresses a consideration. (McKensiev. Farrell,4 Bosw. 192.) See, also, note i to form No. 802. Licenses. See Excise ; Ferry Corporations. Marriage. 917 CHAPTER XXVII. Forms Relating to Marriage. (N. Y. R. S., art. i, tit. i, chap. 8, § 13, part 2, as amended by Laws of N. Y. of 1873, chap. 25.) No. 804. Form of marriage certificate. 805. Form of examination of parties on oath as to their right to con- tract marriage. 806. Oath to be administered by minister or magistrate to parties, etc. on taking their examination. 807. Certificate of magistrate to be indorsed upon or annexed to form No. 804, when made by a minister, to entitle it to be filed and recorded. No. 804. Porm of marriage oertifleate. (N. Y. R. S., part 2, chap. 8, art. i, tit. i, § 13.) State of New York, County, I hereby certify that on the day of , A. D. i , at the (city) of , in the county aforesaid, I, A. B., a minister of the church (or, the mayor of , etc.),' joined in marriage M. N. of the of , in the State of , and F. R. of the of , in the State of ; and that the said M. N. and F. R. did then and there declare that they took each other as husband and wife, and that there were present as attesting witnesses of such marriage C. D., of, etc., and E. F., of, etc. That said M. N. and F. R. were known to me [or, were satisfactorily proved to me, by their oaths (or, by the oaths of I. B., of , a person known to me)] to be the persons described in this certificate, and that they were of sufficient age to contract marriage, to wit, said M. N. of the age of at 9i8 Forms Relating to least (eighteen) years, and said F. R. of the age of at least (sixteen) years.^ And I further certify that after due inquiry made, there appeared no lawful impediment to such marriage. Dated at , this day of , A. D. i .' A. B., Mayor of the city of — (or. Minister, etc.) be according to the forms and cus- toms of the church or society to which he belongs. When solemnized by a magistrate, no particular form shall be required, except that the parties shall solemnly declare, in the pres- ence of the magistrate and the at- tending witness or witnesses, that they take each other as husband and wife. In every case, there shall be at least one witness, besides the min- ister or magistrate, present at the cere- mony. (Id., § g.) Every minister or magistrate who shall solemnize a marriage where either of the parties, within hislinowl- edge, shall be under the age of legal consent, or an idiot or lunatic; or to which, within his knowledge, any legal impediment exists, shall be deemed guilty of a misdemeanor, punishable by iine or imprisonment, or both, in the discretion of the court by whom he shall be tried. (Id., § 12.) Every such original certificate, the original entry thereof, made as above directed, and a copy of such certifi- cate, or of such entry, duly certified, shall be received in all courts and 1. For the purposes of being reg- istered and authenticated, according to the provisions of title i of chapter 8 of part 2 of the New York Revised Statutes, marriages may be solem- nized only by the following persons: I. Ministers of the gospel or of legally incorporated religious con- gregations, the leader of the Society for Ethical Culture of the City of New York, and priests of every denomina- tion. 2. Mayors, recorders and al- dermen of cities. 3. Judges of the County Courts, justices of the peace, and justices of the District Courts and police justices in the city of New York. 4. Justices and judges of courts of record. (2 N. Y. R. S. 138, § 8, as amended by Laws of N. Y. of 1889, chap. 415, p. 569.) 2. The age of legal consent for contracting marriage shall be eigh- teen years in the case of males, and sixteen years in the case of females. (Id., § 2, repealed by Laws of N. Y. of 1830, chap. 320, § 24, and inserted by Laws of N. Y. of 1887, chap. 24, p. 25.) 3. See section 13 of same title, as amended by Laws of New York of places, as presumptive evidence of 1830, chap. 320, § 27, and by Laws of the fact of such marriage. (Id., § i7> New York of 1873, chap. 25, § 2, as as amended by Laws of 1830, chap, to this certificate and its contents. 320, § 28.) As to filing and entry thereof, see See, also, Wingate v. Haskins (20 sections 14 and 15 of same title, cited N. Y. Week. Dig. 438)1 In re Molter in note i to form No. 807. (22 id. 507). When solemnized by a minister or To support an indictment for priest, the ceremony of marriage shall bigamy, it is a sufficient marriage m Marriage. 919 fact that the parties agree to be hus- or was not a clergyman or magistrate, band and wife, and cohabit and re- or that either party was deceived by cognize each other as such. It is his false representation of that char- immaterial whether a person who pre- acter. (Hayes v. People, 25 N. Y. tended to solemnize the contract was 3go.) No. 805. Form of examination of parties on oath, as to their right to contract marriage. (N. Y. Rev. Stat., part 2, chap. 8, art. i, tit. i, § 11.) County, ss.: M. N. and F. R., being severally duly sworn, say, and each for himself says, as follows : The said M. N. says : That his name is (giving name in full) ; that he resides at the (city) of , in the county of and State of , and is of the age of (eighteen) years and upwards, having become of that age on the • day of , i . That he knows of no legal impediment to his marriage to said F. R. And the said F. R. says : That her name is (giving name in full) ; that she resides at the (city) of , in the county of • and State of , and is of the age of (sixteen) years and upwards, having become of that age on the day of , I ;' that she knows of no legal impediment to her mar- riage with the said M. N. (Jurat, as in form No. 32.) I. If either of the parties between whom the marriage is to be solem- nized shall not be personally known to him, the minister or magistrate shall ascertain from the respective parties their right to contract mar- riage; and, for that purpose, he may examine the parties, or either of them, or any other person, under oath, which he is hereby authorized to ad- M. N. F. R. minister, which examination shall be reduced to writing and subscribed by the parties, and either of the respect- ive parties making a false statement under this oath, shall be deemed guilty of willful and corrupt perjury, and shall be liable therefor. (2 N. Y. R. S. 140, § II, as am'd by chap- ter 25 of Laws of 1873, P- 19-) 920 Forms of No. 806. Oath to be administered by minister or magistrate to parties, etc., on taking their examination, last form. No. 805. You do solemnly swear that the contents of this affidavit by you subscribed are true, so help you God.^ I. See note i to last form, No 805. No. 807. Certificate of magistrate to be indorsed upon or annexed to marriage certificate signed by a minister to entitle it to be filed and recorded. (N. Y. Rev. Stat., art. i, tit. i, chap. 8, part 2, § 15.) I, F. G., a (name official title) residing in the city (or, town) of , in the county of , do hereby certify that (*) A. B., the minister by whom the within (or, annexed) certificate is signed, is personally known to me, and has acknowledged the execution of the said certificate in my presence. In Witness whereof, I have hereunto set my hand at , on this day of , i } F. G. (Official title.) (Or, as above to (*) and from thence as follows : That the execution of the within (or, annexed) certificate by A. B., a minister (or, priest) of the (Presbyterian) church, was proved to me on this • day of , i , by the oath of I. J., a per- son known to me, and who saw the said certificate executed. In witness, etc. (as above.) (Signature, etc., as above.) I. Every such certificate (form No. such certificate shall be filed. (N. Y. 804), signed by a magistrate, if pre- Rev. Stat. 140, § 14.) sented to the clerk of the city or town Every such certificate signed by a where the marriage was solemnized, minister, may also be filed and re- or to the clerk of the city or town corded in like manner, if there be in- where either of the parties reside, dorsed thereon or annexed thereto, within six months after such mar- a certificate of any magistrate resid- riage, shall be filed by such clerk, ing in the same county with such and shall be entered in a book to be clerk, setting forth, etc. (as in above provided by him, in the alphabetical form.) (Id. 141, § 15.) order of the names of both the par- See, also, note i to form No. 804. ties, and in the order of time in which Mortgages of Real and Personal Property. 921 CHAPTER XXVIII. Forms of Mortgages of Real and Personal Property. TITLE L General Forms of Mortgage. No. 808. Mortgage of real estate with power of sale, covenant to insure and to pay taxes, etc., and interest, etc., clause. 8og. Another form of mortgage of real estate containing power of sale, covenant to insure and interest clause. 810. Mortgage of real estate to indemnify a surety. 811. Satisfaction of mortgage of real property by mortgagee or his assignee. 812. Extension of time of payment of bond and mortgage 813. Mortgage of personal property. 814. Statement of interest of mortgagee in property claimed by him under chattel mortgage. 815. Mortgage of vessel. 816. Notice of sale on default of payment of chattel mortgage. 817. Satisfaction of chattel mortgage by mortgagee or assignee. No. 808. mortgage, with power of sale, covenant to insure and to pay taxes, etc., and interest, etc., clause. This indenture, made the day of , in the year of our Lord i , between A. B., of (the city) of ■, in the county of , and State of (and M. B., his wife), party (or, parties) of the first part, and C. D., of, etc. [or, the (name of corporation) a corporation of the State of , located and doing business in the (said city) of ], party of the second part, witnesseth : That the said party (or, parties) of the first part, for and in consideration of the sum of dollars, money of account of the United States, to him (or, them) in hand paid by the said party of the 116 922 Forms of second part, the receipt whereof is hereby confessed and acknowledged,' hath (or, have) granted, bargained, sold, re- leased, aliened and confirmed, and by these presents doth (or, do) grant, bargain, sell, release, alien and confirm,^ unto the said party of the second part, and to (his) heirs (or, its successors) and assigns (forever), ^all that certain piece or par- cel of land (with the buildings thereon), situate, lying and being in the (said city) of , and bounded and described as follows : Beginning at, etc. (insert description), together with all and singular the hereditaments thereunto in any wise belonging, and the reversion and reversions, remainder and remainders rents, issues and profits thereof, to have and to hold the said premises hereby released and confirmed, with the appurtenances unto the said party of the second part, (his) heirs (or, its successors) and assigns forever (*). / Pro- vided, always, and these presents are upon this express con- dition that if the said A. B., his heirs, executors and admin- istrators, do and shall well and truly pay, or cause to be paid, unto the said party of the second part, (his) certain attorney or attorneys, heirs, executors, administrators (or, its succes- sors) or assigns, the sum of dollars, in the manner par- ticularly specified in the condition of a certain bond or obli- gation, bearing even date herewith, executed by the said A- B. to the said party of the second part, together with all sums paid for taxes, water rents, assessments or premiums of insurance, with interest thereon, that then, and from thenceforth, these presents and everything herein contained shall cease and be void, anything herein contained to the con- trary in any wise notwithstanding. (And the said A. B. doth covenant and agree to pay unto the said party of the second part, (his) executors, administrators (or, its successors) or assigns, the said sum of money and interest, as above mentioned and expressed in the condition of the said bond.)* And the said A. B. doth further covenant for himself, his executors, administrators and assigns, that (he) will, during all the time, until the said money secured by these presents shall be fully paid and satisfied, keep the buildings erected or hereaftef to be erected, on the said lot of land, insured in and by some solvent, incorporated and to be approved of by said Mortgages of Real and Personal Property. 923 party of the second part, insurance company of good stand- ing, against loss or damage by fire, in the sum of at least dollars, and will assign and deliver the policy or policies of such insurance and the receipts or certificates of renewal thereof, to the said party of the second part, his executors, administrators or assigns, so and in such manner and form that they shall at all times, until the full payment of the said moneys, have and hold the said policy or policies, as a collat- eral and further security for the payment of all moneys due or to become due under this mortgage or the said bond. And in default of so doing, that the said party of the second part, his executors, administrators (or, its successors) or as- signs may make such insurance from year to year, in a sum not exceeding dollars, for the purposes aforesaid, and pay the premium or premiums therefor ; which premium or premiums then paid and the legal interest thereon from the time of such payment, the said A. B., etc., covenants, as afore- said, to pay to the said party of the second part, his executors, administrators or assigns, on demand, and that the same sh^U be deemed to be secured by these presents, and shall be col- lectible thereon and thereby in like manner as the said monies mentioned in the said bond or obligation. And the said A. B. further covenants for himself, his heirs, executors, administrators and assigns, that he will during all the time until all the said moneys secured by these presents shall be fully paid and satisfied, pay and discharge, immedi- ately after they shall be or become due or payable, all taxes, water rents and assessments which may be levied, laid or as- sessed upon the above described premises, or any part thereof, and in case the said party of the first part, his heirs, executors, administrators or assigns, shall fail or neglect to pay all such taxes, assessments and water rents, or either of them, on said premises, or any part thereof, within (thirty days) after the same shall be or become due or payable, then the said party of the second part, his executors, administrators or assigns, ' may pay the same, and the sum so paid, with interest thereon from the time of such payment, the said A. B., for himself and his heirs, executors, administrators and assigns, cove- nants to pay to the said party of the second part (his), ex- 924 Forms of ecutors, administrators (or, its successors), or assigns on de- mand, and that the same shall be and be deemed to be se- cured by these presents, and shall be collectible thereon and thereby, in like manner as the said moneys mentioned in the said bond or obligation. And the said A. B., party of the first part, further cove- nants and agrees, that in case any installment of principal, or any part thereof, or any interest moneys, or any part thereof, or any premium or premiums of insurance, or any taxes, water rents or assessments on said premises hereby secured to be paid, or any or either one of them, shall remain due or unpaid by the said A. B., party of the first part, his heirs, ex- ecutors, administrators or assigns, for the space of (thirty days) after the same shall be due and payable, that then and in that case the whole principal sum hereby secured to be paid, together with all interest thereon, and all sums paid by said party of the second part, for premium or premiums of insurance, taxes, water rents or assessments on said premi- ses, together with interest thereon shall (at the option of the said party of the second part, (his) executors, administrators (or, its successors) or assigns), be and become due and pay- able forthwith, anything herein contained to the contrary notwithstanding. And if default shall be made in the payment of the said principal sum of money above mentioned, or the interest that may grow due thereon, or any part of either, or in payment of the premiums of insurance and in keeping the policies and receipts, or certificates of such insurance assigned and deliv- ered over, or in payment of taxes, water rents or assessments on said premises, or either of them ; that then and from thenceforth it shall be lawful for the said party of the second part, (his) executors, administrators (or, successors) and as- signs (at their option), to enter into and upon all and singular the premises hereby granted, or intended so to be, and to t^sell and dispose of the same, and all benefit and equity of redemption of the said party (or, parties) of the first part, his (or, their) heirs, executors, administrators and assigns therein, by public auction, according to the act in such case made and provided (and as the attorney of the said party (or, Mortgages of Real and Personal Property. 925 parties) of the first part for that purpose by these presents duly authorized, constituted and appointed, to make and de- liver to the purchaser or purchasers thereof, a good and sufficient deed or deeds of conveyance in law for the same, in fee simple),^ and out of the money arising from such sale, to retain the principal and interest which shall then be due on the said bond or obligation, together with all premiums of insurance, taxes, assessments or water rents on said premises, which have been paid by the said party of the second part, (his) executors, administrators (or, its successors) or assigns, together with interest thereon and the costs and charges of advertisement and sale of the said premises, ren- dering the overplus of the purchase money (if any there shall be), when demanded unto the said party (or, parties) of the first part, his (or, their) executors, administrators or assigns, which sale so to be made shall forever be a perpetual bar, both in law and equity, against the said party (or, parties) of the first part, his (or, their) heirs, executors, administrators and assigns, and against all other persons claiming or to claim the premises, or any part thereof, by, from or under them, or any of them. In witness, etc. (as in form No. 574). A. B. [L. S.J In presence of M. B. [L. S.] E. F. (Certificate of acknowledgment or proof by mortgagors, as in forms Nos. 6, etc.) I. The expressed consideration Neither the grantee nor grantor is may always be inquired into, and the estopped from proving that there only effect of the clause acknowledg- were other considerations than the ing a consideration paid is to estop one expressed, VDr from showing how the mortgagor from denying that it was to be paid. (Stackpole v. Rob- there was any consideration. For bins, 47 Barb. 212, 219; Winans v. every other purpose it may be ex- Peebles, 31 Barb. 371, 380; reversed, plained, varied or contradicted by 32 N. Y. 423, on other grounds; Web- parol. It is not necessary that it be ster v. Van Steenbergh, 46 Barb. 2ir, shown to have been paid, if the deed 214; Wheeler v. Billings, 38 N. Y. recite that it was paid. Its extent or 263 ; Miller v. McKenzie, 95 id. amount maybe questioned, and an- 575; Merriam v. Harson, 2 Barb. Ch. other or different one be proved, 233, 267 ; Frink v. Green, 5 Barb, and fraud or illegality may be shown. 455.) 926 Forms of 2. By section 136 of article 4 of title 2 of chapter 1 of part 2 of the New York Revised Statutes, the mode of conveying lands by feoffment with livery of seisin is abolished. By sec- tion 137 of same article every grant in fee of a freehold estate must be sub- scribed and sealed by the person from whom the estate or interest conveyed is intended to pass, or his lawful agent; if not duly acknowledged, pre- vious to its delivery, according to the provisions of the third chapter of the same act, its execution and delivery must be attested by at least one wit- ness; or, if not so attested, it shall not take eflFect as against a purchaser or incumbrancer, until so acknowl- edged. By section 138 of same ar- ticle a grant takes effect, so as to vest the estate or interest intended to be conveyed, only from its delivery; and all the rules of law in force in respect to the delivery of deeds are made applicable to grants thereafter to be executed. By section 142 of same article deeds of bargain and sale, and of lease and release, may continue to be used, and are to be deemed grants; and as such, are to be subject to all the provisions of that chapter concerning grants. (I N. Y. R. S. 738, 739; 7th ed. 2194, 2195.) 3. Or if the estate of the mort- gagor is less than a fee simple, in- sert here description of the lesser estate, e. g., for and during the life of the said A. B. , By section 143, however, of article 4, referred to in last note, no greater estate or interest shall be construed to pass by any grant or conveyance thereafter exe- cuted than the grantor himself pos- sessed at the delivery of the deed, or could then lawfully convey, except that every grant shall be conclusive as against the grantor and his heirs claiming from him by descent. And by section 145, id., a conveyance made by a tenant for life or years of a greater estate than he possessed or could lawfully convey does not work a forfeiture of his estate, but shall pass to the grantee all the title, estate or interest which said tenant could lawfullj' convey. (l N. Y. R. S. 739; 7th ed. 2195.) 4. By section 139 of same article re- ferred-to in last note, no mortgage is to be construed as implying a cove- nant for the payment of the sum in- tended to be secured; and where there shall be no express covenant for such payment contained in the mortgage, and no bond or other sepa- rate instrument to secure such pay- ment shall have been given, the remedies of the mortgagee shall be confined to the lands mentioned in the mortgage, (i N. Y. R. S. 738; 7th ed. 2195.) As the above mort- gage is intended to be accompanied by the bond of the mortgagor, this express covenant to pay is rendered unnecessary, although it is sometimes inserted. Where a mortgage is taken for the security of a pre-existing indebted- ness, without any intention of dis- charging the original debtor from per- sonal responsibility upon his former security, his liability upon that secu- rity will remain, notwithstanding the debt is further secured by such mort- gage. But if the original indebted- ness is intended to be discharged, and a mere mortgage is taken to se- cure the amount of the debt, without any express covenant to pay the same, and no bond or separate in- strument is given to secure such payment, the mortgagee has no remedy upon any implied agreement of the mortgagor to pay the amount secured by the mortgage, but he must resort to the land alone, or to Mortgages of Real and Personal Property. 927 the proceeds thereof for pa3'ment. (Howet V. Fisher, 2 Barb. Ch. R. 559.) See, also, Mack v. Austin (29 Hun, 534; affd, S. C, 95 N. Y. 513; and in connection therewith chapter 381, p. 465, Laws of N. Y., 1884); Gaylord v. Knapp (15 Hun, 87); Caryl v. Williams (7 Lans. 416). The assignment of a mortgage given without bond, or other instru- ment to secure the payment of the mortgage debt, and containing no express covenant to pay, transfers to the assignee all the mortgagee's claim under the mortgage, viz. : his remedy against the land. (Severance v. Griffith, 2 Lans. 38.) 5 It is provided by the New York Code of Civil Procedure as follows; § 2398. The affidavits, specified in the last two sections (viz. : of sale, of posting, serving, etc., notices) may be filed in the ofBce for recording deeds and mortgages, in the county where the sale took place. They must be recorded at length by the officer with whom they are filed, in the proper book for recording mort- gages. The original affidavits, so filed, the record thereof, and a certi- fied copy of the record, 'are presump- tive evidence of the matters of fact therein stated, with respect to any property sold, which is situated in that county. Where the property sold is situated in two or more coun- ties, a copy of the affidavits, certified by the officer with whom the originals are filed, may be filed and recorded in each other county, wherein any of the property is situated. Thereupon the copy and the record thereof have the like effect, with respect to the property in that county, as if the orig- inals were duly filed and recorded therein, § 2399. A clerk or a register, who records any affidavits, or a certified copy thereof, filed with him, must make a note, upon the margin of the record of the mortgage, in his office, referring to the book and page, or the copy thereof, where the affidavits are recorded. § 2400. The purchaser of the mort- gaged premises, upon a sale con- ducted as prescribed in this title, obtains title thereto, against all per- sons bound by the sale, without the execution of a conveyance. Except where he is the person authorized to execute the power of sale, such a purchaser also obtains title in like manner, upon payment of the pur- chase money, and compliance with the other terms of sale, if any, with- out the filing and recording of the affidavits, as prescribed in the last section but one. But he is not bound to pay the purchase money, until the affidavits, specified in that section, with respect to the property pur- chased by him, are filed, or delivered or tendered to him for filing. It was held under 2 R. S. 547, § 14, for which section 2400 of the Code of Civil Procedure is a sub- stitute, that when the property is purchased by the owner of the mort- gage, the affidavits are not conclusive as to the facts; and where the terms of sale are not stated therein, oral evidence is admissible to prove them. (Story V. Hamilton, 86 N. Y. 428, afFg S. C, 20 Hun, 133.) 928 Forms of No. 809. Another form of mortgage, containing power of sale, cove- nant to insure and interest clauses. As in last form to (*), and from thence as follows : This grant is intended as a security for the payment of the sum of dollars, with interest thereon at the rate of per centum per annum (in years from the date of these presents), according to the condition of a bond this day exe- cuted and delivered by the said A. B. to the said party of the second part ; and this conveyance shall be void if such payment shall be made as herein specified. And in case de- fault shall be made in the payment of the principal sum hereby intended to be secured, or in the payment of the in- terest thereof, or any part of such principal or interest, as above provided, it shall be lawful for the party of the second part, (his) executors, administrators (or, its successors) or as- signs, at any time thereafter, to sell the premises hereby granted, or any part thereof, in the manner prescribed by law ; and out of the monies arising from such sale, to retain the amount then due for principal and interest, together with the costs and charges of making such sale, and the overplus, if any there be, shall be paid by the party making sale, on demand to the said (A. B.), his heirs or assigns. And it is expressly hereby agreed, that in case any install- ment of principal, or any part thereof, or any interest monies, or any part thereof, hereby secured to be paid, shall remain due and unpaid by said party (or, parties) of the first part, for the space of (thirty) days after the same shall, by the terms hereof, become due and payable, that then and in that case the whole principal sum hereby secured to be paid, to- gether with all arrearages of interest thereon, shall, at the option of said party of the second part, (his) executors, ad- ministrators, (or, its successors) or assigns, become due and payable forthwith, anything herein contained to the contrary notwithstanding. And it is also agreed by and between the parties to these presents, that the said party (or, parties) of the first part shall and will keep the buildings erected and to be erected upon the Mortgages of Real and Personal Property. 929 lands above conveyed insured against loss or damage by fire, by insurers, and in an amount approved by the said party of the second part, not less than dollars, and assign the policy and certificates thereof to the said party of the second part ; and in default thereof it shall be lawful for the said party of the second part to effect such insurance, as mort- gagee or otherwise, and the premium or premiums paid for effecting and continuing the same shall be a lien on the said mortgaged premises, added to the amount secured by these presents, and payable on demand, with interest at the rate of (six) per centum per annum, and shall be collectible in the same manner, at the same time and upon the same condi- tions, as the interest hereinbefore mentioned. In witness, etc. (as in form No. 574).' A B fL S 1 C. B. [L. s.] Sealed and delivered in presence of E. F. (Certificate of acknowledgment or proof, as in forms Nos. 6, etc.) I. See notes to last form, No. 808. No. 810. Mortgage to indemnify a siirety. This indenture, made this day of , in the year I , between I. M., of, etc., and P. M., his wife, of the one part, and F. S., of, etc., of the other part : Whereas, the said F. S., at the special instance and request of the said I. M., hath become bound together with the said I. M., unto A. B.,. of, etc., by a bond or obligation bearing even date with these presents, in the penal sum of dollars, conditioned for the payment of dollars, etc. (inserting condition), which said moneys being the proper debt of the said I. M. and the said F. S., in the said recited bond, being only as security for the said I. M., and at his request aforesaid, he, the said I. M. (and P. M.), to counter-secure him, the said F. S., against the same, hath (or, have) agreed to convey and grant the (dwelling house and lot of ground) hereinafter mentioned, to him, the said F. S., his heirs and assigns forever, in manner and form hereinafter expressed : 117 930 Forms of Now, this indenture witnesseth : That the said I. M. and P. M., for and in consideration of the premises, and also for and in consideration of the sum of one dollar, to him (or, them) in hand paid by the said F. S., at and before the ensealing and delivery hereof, the receipt whereof is hereby acknowl. edged, he, the said I. M., hath (or, they, the said I. M. and P. M., have) granted, bargained, sold, aliened, remised, re- leased, conveyed and confirmed, and by these presents doth (or, do) grant, bargain, sell, remise, release, convey and con- firm, unto the said F. S., and to his heirs and assigns, for- ever, all that, etc. (describe premises), and all the heredita- ments and appurtenances to the same of right in any way be- longing or appertaining, and the reversion and reversions, re- mainder and remainders thereof, and also all the estate, right, title, interest, property, possession, claim and demand what- soever of him (or, of them), the said I. M. (and P. M.), of, in and to the same or any part or parcel thereof, to have and to hold the said (dwelling house, lot of ground and premises), with the appurtenances, unto the said F. S., his heirs and as- signs, to the only proper use and behoof of the said F. S., his heirs and assigns forever. Provided always, and this present grant is upon this con- dition, that if the said I. M., his heirs, executors or admin- istrators, shall well and truly pay, or cause to be paid unto the above named A. B., the said sum of dollars, with the interest on said sum, etc., according to the condition, and in full discharge and satisfaction of the before recited obligation, and also from time to time, and at all times hereafter, shall and do well and sufficiently save harmless, and keep indem- nified the aforesaid F. S., his heirs, executors and administra- tors, and every of them, and their and each and every of their goods and chattels, lands and tenements, of and from all and and all manner of actions, suits, troubles, charges, judgments, executions, damages and demands whatsoever, that shall, or may at any time hereafter accrue, or happen unto, or arise or be brought, or prosecuted against the said F. S., his heirs, executors or administrators, and any or either of them, upon the before recited obligation, or of, for or by reason of his, the said F. S., becoming bound in the said bond, that then Mortgages of Real and Personal Property. 931 and from thenceforth, this present indenture, and every ar- ticle, covenant, clause and condition in the same contained, and the estate hereby granted shall cease, determine and be utterly void, and of none effect, anything herein contained to the contrary thereof in any wise notwithstanding. And the Said I. M. for himself and his heirs, executors and administrators and every of them doth covenant, promise, grant and agree to and with the said F. S., his heirs, executors, administrators and assigns, and every of them, by these pres- ents, that he, the said I. M., his heirs, executors, adminis- trators and assigns, and every of them, by these presents, that he, the said I. M., his heirs, executors and administrators, shall and will well and truly pay, or cause to be paid unto the said A. B. the aforesaid sum of dollars, with the in- terest thereof, on, etc., according to the form and effect of the condition, and in full discharge and satisfaction of the above recited bond or obligation. And also that he, the said I. M., his heirs, executors and administrators, and each and every of them, against the said A. B., his executors and administrators and every of them, and all other persons, of and from the before recited bond or obligation so entered into as aforesaid, and of and from all and all manner of ac- tions, suits, troubles, charges, judgments, executions, dam- ages and demands whatsoever, that shall or may at any time hereafter accrue, or happen unto, or arise, or be brought or be prosecuted against him, the said F. S., his heirs, executors or administrators, and any or either of them, or against their, or either of their goods and chattels, lands and tenements, for or by reason of the said F. S. becoming bound as afore- said, according to the form and effect of the proviso aforesaid. And the said I. M., for himself, his heirs, executors and administrators, doth further covenant, promise, grant and agree, to and with ,the said F. S., his heirs and assigns, and to and with every of them by these presents, that the said I. M., at the time of the ensealing and delivery of these pres- ents, is the true and lawful owner and proprietor of the said dwelling house, and lot of ground and premises before men- tioned, with the appurtenances and every part" and parcel thereof, and is seized of a good, sure, perfect, absolute and 932 Forms of indefeasible estate of inheritance in fee simple, without any manner of condition, reservation, cause or thing whatsoever, to determine, alter, change or defeat the same ; and that he, the said I. M., hath in himself good right, full power and lawful authority to grant, bargain, sell, alien,, remise, release, convey and confirm the same, and every part' and parcel thereof, unto him, the said F. S., his heirs and assigns, in manner and form aforesaid. In witness whereof, etc. (as in form No. 574).* I. M. [L. S.J [P. M. (L. s.)] ' Sealed and delivered in presence of E. F. (Certificate of acknowledgment or proof, as in forms Nos. 6, etc.) I. See notes to form No. 808. No. 811. Satisfaction of mortgage by mortgagee or his' assignee. (N. Y. Rev. Stat., part 2, chap. 3, § 28.) I, A. B., of the (town) of , in the county of and State of (New York), do hereby certify that a certain (*) mortgage, bearing date the day of , in the year I , made and executed by C. D. (and F. D., his wife) to me, A. B. (or, made and executed by C. D. to G. H., and by said G. H. duly assigned to me), and recorded in the office of the clerk of the county of , in Book of Deeds, No. , on page , on the day of , in the year i (and the bond accompanying the same), is (or, are) paid, satisfied and discharged.' Dated , i A. B. In presence of E. F. (Certificate of acknowledgment by mortgagee, or proof by subscribing witness, as in forms Nos. 89, etc.) I. Any mortgage that has been charged upon the record thereof, by registered or recorded, or that may the officer in whose custody it shall hereafter be recorded, shall be dis^ be, whenever there shall be presented Mortgages of Real and Personal Property. 933 to him, a certificate signed by the mortgagee, his personal representa- tives or assigns, aclcnowledged or proved, and certified, as hereinbe- fore prescribed, to entitle convey- ances to be recorded, specifying that such mortgage has been paid, or otherwise satisfied and discharged. (I N. Y. R. S. 761, § 28; 7th ed. 2220.) Every such certificate, and the proof or acknowledgment thereof, shall be recorded at full length: and a reference shall be made to the book and page, containing such record, in the minute of the discharge of such mortgage, made by the oflScer upon the record thereof. (Id., § 29; 7th ed. 2221.) The statute (§ 28, supra) does not intend that all the mortgagees, or their personal representatives, must join in the execution of the satisfac- tion piece, but that the same must be executed by one or more of the mort- gagees, whose satisfaction is suffi- cient to discharge the mortgage from all claim of each and every of the mortgagees thereupon. (People v. Keyser, 23 N. Y. 226, 231.) Section 36 of article 3 of title 3 of chapter 8 of the New York Revised Statutes provides that whenever any mortgage given to the people of that State shall be paid, the treasurer's receipt, countersigned by the comp- troller, setting forth that the whole sum due on any such mortgage has been paid, shall be a sufficient dis- charge of such mortgage ; and the secretary of state or county clerk, in whose office any such mortgage shall have been registered, shall enter a minute of such payment on the mar- gin of the registry of such mortgage. (I N. Y. R. S. 175; 7th ed. 471.) Chapter 698 of Laws of New York of 1868 provides that it shall and may be lawful for the comptroller, upon satisfactory proof that any moneys loaned by commissioners for loaning the United States deposit fund and secured by mortgage have been fully paid to either of the com- missioners authorized to receive the same, in case the mortgage for any leason remains uncanceled and un- discharged of record, to authorize and empower the proper commissioners of the said fund to cancel and dis- charge the said mortgage in the man- ner prescribed by law ; and the said commissioners shall in pursuance of the order and direction of the comp- troller, cancel and discharge such mortgage. (Laws of 1868, p. 1545; R. 8., 7th ed.,532.) See, for further provisions as to re- lease of mortgages by such commis- sioners upon payment thereof, § 28 of chap. 150 of Laws of N.Y. of 1837 (Laws 1837, p. 128; R.S., 7th ed., 516). No. 812. Extension of time of payment of bond and mortgage. The time for the payment of the bond and mortgage dated , I , made and executed by the undersigned J. M. P. and wife, to the undersigned F. L., to secure the payment of the sum of dollars, with interest thereupon from the date thereof, at the rate of per centum per annum, and which said mortgage was recorded in the county clerk's ofifice on 934 Forms of the day of , i , at o'clock in the noon, in book No. , of Mortgages, at page , is hereby (further) extended for the term of years from the day of , I , upon the same terms and conditions mentioned in said bond and mortgage (except that the rate of interest payable upon said bond and mortgage from and after the • day of , I , shall be per centum per annum.) In witness whereof we have hereunto set our hands and seals this day of , i . In presence of (Signatures and seals.) A.C. (Acknowledgment or proof, as in forms Nos. 6, etc.) No. 813. Mortgage on personal property. (Laws of N. Y. of 1833, chap. 279, as amended by chap. 418 of Laws of 1879.) To all to whom these presents shall come, greeting : Know ye, that A. B. of the (city) of , in the county of , and State of , of the first part, for securing the payment of the sum of money and interest thereupon hereinafter men- tioned, and in consideration of the sum of (one dollar) to him in hand paid, at or before the ensealing and deUvery of these presents, by C. D., of, etc., of the second part, the receipt whereof is hereby acknowledged, has granted, bargained and sold, and by these presents does grant, bargain and sell, unto the said party of the second part, all the following described goods and chattels, viz.: (describing generally property mort- gaged; e. £., the household goods and furniture now being in the house of the said A. B., at ) and all other goods and chattels whatsoever, mentioned and expressed in the schedule hereunto annexed, now remaining and being at, etc., (describing place) (or, insert description of property after " viz.:" without reference to schedule.) To have and to hold all and singular the goods and chat- tels above bargained and sold, or intended so to be, unto the said party of the second part, (his) executors, administrators Mortgages of Real and Personal Property. 935 and assigns forever. And the said party of the first part for (himself and his) heirs, executors and administrators, all and singular the said goods and chattels above bargained and sold, unto the said party of the second part, (his) executors, administrators and assigns, against the said party of the first part, and against all and every person and persons whomso- ever shall and will warrant, and by these presents forever defend. Upon condition, that if the said party of the first part shall and do well and truly pay, or cause to be paid, unto the said party of the second part, (his) executors, administrators or assigns, the sum of dollars, with lawful interest there- upon at the rate of (six) per centum per annum from the date of these presents, on or before the day of , i * (or, next), which said sum and interest the said party of the first part hereby covenants and agrees to pay as above pro- vided), then these presents, and everything herein contained, shall cease and be void. And the said (party) of the first part, for (himself and his) executors, administrators and as- signs, (doth) covenant and agree to and with the said (party) of the second part, (his) executors, administrators and as- signs, that in case default shall be made in payment of the said sum above mentioned, or, in case the said C. D. shall at any time deem himself unsafe,^ it shall and maybe lawful for, and the said (party) of the first part (doth) hereby authorize and empower the said (party) of the second part, (his) ex- ecutors, administrators and assigns, with the aid and assist- ance of any person or persons, to enter and come into and upon the dwelling house and premises of the said (party) of the second part, and in such other place or places as the said goods and chattels are, or may be held or placed, and take and carry away the said goods and chattels, and to sell and dispose of the same for the best price they can obtain ; and out of the money to retain and pay the s4id sum above men- tioned, with the interest and all expenses thereon, rendering the overplus (if any), unto the said (party) of the first part, (his) executors, administrators and assigns, and until default be made in the payment of the aforesaid sum of money, or until the said A. B. shall consider himself unsafe as aforesaid, 936 Forms of the said (party) of the first part to remain and continue in quiet and peaceable possession of the said goods and chattels, and the full and free enjoyment of the same, unless the said (party) of the second part, (his) executors, administrators or assigns, shall sooner choose to demand the same (or, to take possession of the same as above provided, he deeming him- self unsafe), and until such demand be made (or, possession taken) the possession of the said party of the first part shall be deemed the possession of an agent or servant, for the sole benefit and advantage of his principal, the said party of the second part. In witness whereof, etc. (as in form No. 574).' A. B. [L. S.J Sealed and delivered in the presence of E. F. (Certificate of acknowledgment by mortgagor, or of proof by subscribing witness,' as in forms Nos. 6, etc.)* (Annex schedule of property mortgaged, headed : " Sched- ule referred to in annexed mortgage," dated , i , and signed by mortgagor.)* 1. A chattel mortgage which does is considered and the cases bearing not specify a time for payment is thereon collated. , due immediately, and no demand for 3- A chattel mortgage signed and payment is necessary to sustain an sealed by certain individuals repre- action upon it. (Dikemanv. Puck- senting themselves as the president hafer, i Abb. Pr. N. S. 32; S. C, i and directors of a corporation, pur- Daly, 489.) porting, by its terms, to be the act 2. This provision is for the benefit of the company through its president of the mortgagee and authorizes him and directors, under power and to take possession when, in his judg- authority given to those officers by ment, he deems it best for the safety the stockholders, at a meeting pre- of his demand so to do, and no proof viously held, where a resolution is required to show that he considered authorizing its execution for the pur- himself unsafe, as the legal presump- pose of borrowing the moneys se- tion would be that such was the fact, cured thereby had been adopted, when possession is taken before the must be considered, if seems a valid mortgage is due. (Smith v. Post, i contract, though not bearing the cor- Hun, 516.) porate seal of the company. (Lein- See, also, Allen v. Vose (34 Hun, kauf v. Caiman, no N. Y. 50.) 57), in which case the right of a mort- Section i of chapter 279 of Laws gagee to take possession of the mort- of New York of 1833 provides that gaged property under such a clause every mortgage or conveyance in- Mortgages of Real and Personal Property. 937 tended to operate as a mortgage, of goods and chattels, thereafter made, which shall not be accompanied by an immediate delivery, and be followed by an actual and continued change of possession of the things mortgaged, shall be absolutely void as against the creditors of the mortgagor, and as against subsequent purchasers and mortgagees in good faith, unless the mortgage, or a true copy thereof, shall be filed as directed in the suc- ceeding section of that act. (Laws of New York of 1833, p. 402; R. 8., 7th ed., 2249.) Section 2 of the same chapter pro- vides that the instruments mentioned in the preceding section shall be filed in the several towns and cities of the State where the mortgagor therein, if a resident of the State, shall reside at the time of the execution thereof, and if not a resident, then in the city or town where the property so mort- gaged shall be at the time of the exe- cution of such instrument. In the city of New York, such instrument shall be filed in the office of the reg- ister of said city. In the several ■cities of the State, other than the city of New York, and in the several towns of the State in which a county ■clerk's office is kept, in such office; and in each of the other towns in the State, in the office of the town clerk thereof; and such register and clerks are thereby required to file all such instruments aforesaid presented to them respectively for that purpose, and to indorse thereon the time of receiving the same, and to deposit the same in their respective offices, to be kept there for the inspection of all persons interested . (Id.) Section 3 of the same chapter, as amended by chapter 418 of Laws of 1879, provides that every mortgage filed in pursuance of that act shall 118 cease to be valid as against the cred- itors of the person making the same, or against subsequent purchasers or mortgagees in good faith, after the expiration of one year from the filing thereof, unless, within thirty days next preceding the expiration of each and every term of one year after the filing of said mortgage, a true copy of such mortgage, together with a statement exhibiting the interest of the mortgagee in the property thereby claimed by him by virtue thereof, shall be again filed in the office of the clerk or register aforesaid of the town or city where the mortgagor shall then reside, if the mortgagor shall then be a resident of the State, and if not such resident, then in the office of the clerk or register of the town or city where the property so mortgaged was at the time of the exe- cution of such mortgage. (Laws of N. Y. 1879, p. 470; R. S., 7th ed., 2249.) The general creditors of a mort- gagor of chattels have no right to assail the mortgage as invalid until they have secured a lien thereon by a levy under judgment and execution, or in some way have acquired a legal or equitable interest therein. CSuUivan v. Miller, 106 N. Y. 635, 641.) Failure to duly file a chattel mort- gage does not render it void, so as to enable the mortgagor's assignee for benefit of creditors to maintain an action to set it aside under Laws of 1858, chapter 314. (Crisfield v. Bogardus, 18 Abb. N. C. 334.) See, further, Preston v. Southwick (42 Hun, 291); Button v. Rathbone, Sard & Co. (43 id. 147); Steward v. Cole (id. 164); Osborn v. Alexan- der (40 id. 323); Nixon v. Stanley (33 Hun, 247); Nichols v. Mase (94 N. Y. 160), among other recent cases 938 Forms of as to effect upon rights of creditors and others of failure to file or refile the mortgage. A chattel mortgage given for a pre- existing indebtedness, although in all respects good and valid as between the parties, will not constitute the mortgagee a purchaser or an incum- brancer in good faith within the stat- ute, so as to protect him against a prior unfiled mortgage. (Zimmer v. Wheeler, 2 N. Y. State Rep. 325; Jones V. Graham, 77 N. Y. 628.) Chattel mortgages upon property in the town of Flatbush, Kings county, should be filed in the office of the clerk of that town, and not in the office of the register of Kings county, notwithstanding chapter 83 of Laws of 1852, requiring the register of Kings county to do like acts required to be done by the register of the city of New York. (Martin v. Roths- child, 42 Hun, 410.) One F. , a resident of Pennsylva- nia, executed an instrument to plain- tiffs in that State, in form an absolute bill of sale, but in fact given as a chattel mortgage on a canal boat owned by him, then lying in the Erie canal in the town of G. F., in the State of New York. An agent of the mortgagee filed a copy of the mortgage on the next day in the town clerk's office of that town, and went on board the boat and assumed pos- session thereof. Defendant, how- ever, had previously, on the same day, as sheriff, levied upon the boat by virtue of an attachment against F., and subsequently sold it on execu- tion. The mortgagee and attaching creditors were also residents of Penn- sylvania. In an action for the con- version of the boat, held, that both under the provisions of the Revised Statutes of New York, relating to chattel mortgages, and the act in re- lation to liens on canal boats (§§ r and 2, chap. 412, Laws of N. Y. of 1864), the instrument was void, and plaintiffs were not entitled to recover. (Keller v. Paine, 107 N. Y. 84, rev'g S. C, 34 Hun, 167.) And that this was so, although the plaintiffs would have been entitled to recover under the laws of Pennsyl- vania. The general rule that the voluntary transfer of personal prop- erty, wheresoever situated, is to be governed by the law of the owner's domicile, always yields when the law and policy of the State where the property is actually located have pro- vided a different rule of transfer from that of the State where the ownei lives. (Id.) See, also, chapter 412 of Laws of New York of 1864, above mentioned, amending chapter 247 of 1858 of said laws, further as to chattel mortgages upon boats navigating the canals of that State, The description of such boat contained in the mortgage should be as follows : the canal boat (or, steam tug, scow, etc.) called the (stating name) together with the ap- purtenances belonging thereto and used in navigating such craft. Section 4 of chapter 279 of Laws of New York of 1833 provides that a copy of such original instrument • (see sections i, 2, and 3, of that act, cited in notes to this form), or of any copy thereof, so filed as aforesaid, including any statement made in pur- suance of that act, certified by the clerk or register in whose ofiice the same shall be filed, shall be received in evidence, but only of the fact that such instrument or copy, and state- ment, was received and filed, accord- ing to the indorsement of the clerk or register thereon, and of no other fact; and in all cases the original in- dorsement by the clerk or register. Mortgages of Real and Personal Property. 939 made in pursuance of that act upon such instrument or copy, shall be re- ceived in evidence only of the facts stated in such indorsement. (Laws of N.Y. of 1833, p. 402; R. S., 7th ed., 2250.) 4. The acknowledgment or proof, although not required by the statute, is important in case of the necessity of proof of the original instrument. Sec- tion 937 of the New York Code of Civil Procedure provides that any instrument, except a promissory note, a bill of exchange, or a last will, may be acknowledged, or proved, and cer- tified, in the manner prescribed by law for taking and certifying the ac- knowledgment or proof of a convey- ance of real property; and thereupon it is evidence as if it was a convey- ance of real property. See as to effect of acknowledgment of conveyances of real property in New York State, forms Nos. 8g, etc., and notes thereto. 5. Where the schedule is in con- flict with the mortgage, the latter must control, as the annexing of the schedule neither limits nor enlarges the generality of the description in the mortgage, but is annexed for greater certainty and exactness in the description of the property, so that it may be easily identified. (Matthews V. Sniffen, lo Daly, 200.) A mortgage upon the machinery and effects in a. sugar refinery ; held, not to include the stock of sugars and syrup therein, since the mortgagor would have been unable to continue business if they had been included, and such construction of the instru- ment would not be favored. (Thur- ber V. Minturn, 18 N.Y. Week. Dig. 25.) No. 814. Statement of interest of mortgagee in property claimed by him under chattel m.ortgage. (Laws of N. Y. of 1833, chap. 279, § 3, as amended by chap. 418 of Laws of 1879.) I, C. D., the mortgagee named in the chattel mortgage of which a copy is hereto annexed, made by A. B., to me and dated , i , do hereby make the following statement, pursuant to statute, of my interest in the property described in and hereby claimed by me by virtue of said mortgage at this date, to wit : The amount of dollars and cents is still (due and) unpaid upon said mortgage from said A. B. to me, which is the amount of my said interest in said prop- erty at this date.^ Dated , i . A. B. 1 . See as to this statement section 3 of chapter 279 of Laws of New York of 1833, as amended by chapier 418 of Laws of 1879, cited in note 3 to form No. 813 ; also, Stockham v. Allard) 2 Hun, 67); Marsden v. Cor- 940 Forms of nelI(62N. Y. 215, affg S. C, 2 Hun, statements, or the mortgage will 449; 5 T. & C. 27); Jaqueth v. Mer- cease to be valid as against creditors ritt (29 Hun, 584); Osborn v. Alex- and subsequent mortgagees and pur- ander (40 id. 323); Newell v. Warner chasers in good faith of the mort- (44 Barb. 258); Nixon v. Stanley (33 gagor. Though the language of the Hun, 247). statute might be satisfied with the The time prescribed by the statute filing of one copy only in such a for the filing of a copy of a chattel case, its obvious spirit, policy and mortgage, in order to keep the se- meaning would not. (Id.) curity in force, relates to the first Every copy thus filed must be re- filing of the mortgage, and is limited garded as a new mortgage, and the to a period of thirty days previous to statement must therefore be filed the expiration of the term of one each year within thirty days of the year from such first filing. (Newell expiration of a year from the filing V. Warner, 44 Barb. 258.) of the last statement, in order tocon- A filing before the commencement tinue the lien of the mortgage, of the thirty days would be as nuga- (Nitchie v. Townsend, 2 Sandf. 299.) tory as one after the expiration of The filing of the statement is not that time. (Id.) an extension of credit, and will not Where a mortgage is sought to be prevent the mortgagee from insisting kept on foot through a number of upon a forfeiture, (Dane v. Mallory, years, there must be successive fil- 6 Barb. 46.) ings, annually, of the copies and No. 815. Mortgage of vessel. (Laws of N. Y. of 1850.) Know all men by these presents : That I (or, we), A. B., of, etc. (and E. F., of, etc.), am (or, are) held and firmly bound unto C. D., of, etc.,' in the sum of dollars, lawful money of the United States of America, to be paid to the said C. D., his executors, administrators or assigns ; for which payment well and truly to be made, I bind myself, my (or, we bind ourselves, our) heirs, executors and administrators (jointly and severally) firmly by these presents. Dated at the (city) of , in the State of , this day of , in the year I . Whereas, the said C. D. has this day lent and advanced unto the said A. B. (and E. F.) the sum of dollars, on the body, tackle and appurtenances of the ship or vessel called the Snowbird, of the burden of tons, or there- Mortgages of Real and Personal Property. 941 abouts ; the said A. B. (and E. F.) being the sole owner (or, owners) of the said ship or vessel called the Snowbird. Now, the condition of this obligation is such, that if the said A. B. (and E. F.) shall pay or cause to be paid to the said C. D. the said sum of dollars in three years from the date hereof, and interest thereon at the rate of (six) per centum per annum, payable semi-annually at that rate, until the said principal sum shall be wholly paid, then this obliga- tion to be void, otherwise to be and remain in full force and virtue. And in consideration of and as security for said loan as aforesaid, the said ship or vessel is, by these presents, as- signed, pledged, mortgaged, set over and conveyed to the said C. D., his heirs, executors, administrators and assigns, the certificate of enrollment of which vessel is as follows : No. . In pursuance of chapter i, title XLVIII, "Regulation of Commerce and Navigation," of the Revised Statutes of the United States, A. B., of the (city) of , in the county of , and State of , by occupation a , having taken and subscribed the oath required by law, and having sworn that he (or, she) [together with E. F., of the (city) of , in the county of , and State of , by occupation a , is (or, are) the only owner (or, owners in the following pro- portions, to wit : A. B., of the part, and E. F., of the one part) of the vessel called the (inserting name of ves- sel) of the port of (inserting here the port to which she may belong), whereof E. F. is at present master, and is a citizen of the United States, and that the said vessel was built at , in (stating time of building) and that I. J., (in- serting name and office, if aay, of the person by whom she shall have been surveyed or measured) having certified that the said vessel has deck (or, decks) and mast (or, masts) and that her length is feet, her breadth feet, her depth feet, and that she measures tons, and that she is a (ship) brigantine, scow, schooner, sloop, etc., (describing the particular kind of vessel) has head and gallery (or, has no gallery or head), and the said having agreed to the description and measurement above 942 Forms of specified, and sufficient security having been given accord- ing to law, the said vessel has been duly registered at the port of . Given under my (or, our) hand (or, hands) and seal (or, seals) of office at the port of , this day of , in the year one thousand eight hundred and } (Signatures and seals.) It being mutually understood and agreed, that in case the amount of said loan and interest, or any part thereof, ac- cording to the terms of these presents, shall remain due and unpaid to said C. D., his heirs, executors, administrators or assigns, after the expiration of said years, the said C. D., his heirs, executors, administrators or assigns, may take possession of said ship or vessel and appurtenances, and sell the same at . public auction, in order to satisfy the amount then due, without any proceedings in court or other- wise, for the purpose of authorizing such sale, and there- upon may execute and deliver a sufficient bill of sale to transfer completely to any purchaser or purchasers all title and property in and to the said ship or vessel and appurte- nances of the said A. B. (and E. F.) as sole owner (or, own- ers) thereof, now belonging. The said C. D. thereupon to account to the said A. B. (and E. F.), his (or, their) executors, administrators or assigns, for any surplus of such sale, after paying all charges and expenses. And in case of such sale as aforesaid, the said A. B. (and E- F.), his (or, their) executors, administrators or assigns, shall, whenever thereto requested, make, execute and deliver to such purchaser or purchasers, another bill of sale of said ship or vessel and appurtenances, in which the enrollment shall be recited as above, for the transferring completely to said purchaser or purchasers all the right, interest and claim of said A. B. (and E. F.), his (or, their) executors, adminis- trators or assigns, as sole owner (or, owners) of said ship or vessel. And in default of the prompt execution and delivery of such other bill of sale to such purchaser or purchasers by Mortgages of Real and Personal Property. 943 the said A. B. (and E. F.) when thereto requested, the said C. D. is hereby constituted and appointed the legal attorney of the said A. B. (and E. F.), for the purpose of making, executing and delivering such bill of sale ; and the said A. B. (and E. F.) hereby ratifies (or, ratify) and confirms (or, confirm) the act of the said C. D. as his (or, their) attorney for said purpose. And it is hereby further agreed, that insurance shall be made at some office in the city of on the said ship or vessel, for the security of the said C. D., to an amount not less than the sum loaned as aforesaid, and the said C. D. is hereby authorized to procure such insurance at the expense of the said A. B. (and E. F.), if not seasonably obtained by said A. B. (and E. F.y A. B. [L. S.J (E. F. [L.S].) Signed, sealed and delivered in presence of I- J- (Certificate of acknowledgment by mortgagor or mort- gagors, or of proof by subscribing witness, as in forms Nos. 6, etc.) Indorsed. A. B. (and E. F.) to C. D. Mortgage on vessel. Dated , i . Custom House. Received for record the day of , i , at — M., recorded in Liber , folio . C. F., Register of Sales and Transfers. I- By section 4192 of the Revised shall be valid against any other per- Statutes of the United States, no son than the grantor or mortgagor, billof sale, mortgage, hypothecation, his heirs and devisees, and persons or conveyance of any vessel, or part having actual notice thereof, unless of any vessel, of the United States, such bill of sale, mortgage, hypothe- 944 Forms of cation or conveyance is recorded in the office of the collector of customs where such vessel is registered or enrolled. The lien by bottomry on any vessel, created during her voy- age, by a loan of money or materials necessary to repair or enable her to prosecute a voyage, shall not, how- ever, lose its priority, or be in any way affected by the provisions of this section. Section 4193, id., provides for the recording of bills of sale, mort- gages, etc., by the collector of cus- toms, in books to be kept for that purpose, in the order of their recep- tion, and for the noting on the bill of sale, mortgage, etc., the time when the same was received, and for certi- fying thereupon, the number of the book and page where recorded ; but no such bill of sale, etc., shall be re- corded unless the same be duly ac- knowledged before a notary public or other officer authorized to take ac- knowledgment of deeds. By section 4195, id., the collectors of the customs shall furnish certified copies of such records, on the receipt of fifty cents for each bill of sale, etc. As to the form of registry of vessels see section 4155, id. By section 4196, id., all bills of sale of vessels regis- tered or enrolled shall set forth the part of the vessel owned by each person selling, and the part conveyed to each person purchasing. The recording of a mortgage of a vessel, in the office of the collector of the home port of such vessel, pursu- ant to United States Revised Statutes, §§ 4192-6, gives the mortgage a pref- erence over a subsequent purchaser or mortgagee, by its own force, and irrespective of any formalities re- quired by a State statute, to give effect to chattel mortgages. (White's Bank v. Smith, 7 Wall. 646; Aldrich V. JEtna. Co., 8 id. 491.) Acknowledgment of a mortgage of a vessel is needful (under Revised Statutes, §§ 4192-3) only for the pur- pose of authenticating it for record ; as between the parties, or as against persons having actual notice it is valid without acknowledgment or record. (Moore v. Simonds, lOo U. S. 145.) See, also, forms Nos. 275, 276, and notes thereto. No. 816. Notice of sale on default in. payment of chattel mortgage. Notice is hereby given that default having been made in the payment according to the terms thereof, of the amount secured by a certain chattel mortgage,' executed by A. B. to C. D., dated on the day of , i , and filed in the county clerk's ofifice (or, in the town clerk's office of the town of in the county of ; or, in the register's ofifice of the county of ), on the day of , i > I shall expose for sale at public auction, by virtue of said mortgage ancl the power of sale therein contained, on the Mortgages of Real and Personal Property. 945 day of , ,at o'clock in the noon, at (naming place of sale), the property described in said mort- gage, to wit : (describing the property).^ Dated the day of , i . C. D., Mortgagee, (or, E. F., Att'y for C. D., Mortgagee). 1. a demand by the mortgagee of chattels made after default in pay- ment of the installments as provided therein for the payment of such in- stallments, is a waiver of the breach of the condition of the mortgage which he cannot afterward recall and insist upon forfeiture. (Van Loon v. Willis, 13 Daly, 281.) Where, after default in the pay- ment of installments, the mortgagor demands their payment and the mort- gagee offers to pay the amount de- manded, the mortgagee has no right thereaher to refuse to receive the money and take the property as upon a forfeiture for breach of a condition of the mortgage, and if he do so he may be held liable in conversion for the value of the goods, taken. (Id.) 2. When a chattel mortgage con- tains a power of sal§, and a sale thereunder is fairly made at public auction, upon due notice to the mort- gagor, his equity of redemption is cut off, although the chattels are pur- chased by the mortgagee. (Edmiston V. Brucker, 40 Hun, 256, limiting Buffalo, etc.. Works v. Sun Mutual Ins. Co., 17 N..Y. 401, and question- ing Pulver V. Richardson, 3 Supr. Ct.[T. & C.]436; King v.Walbridge, 48 Hun, 470.) After default, the interest of the mortgagor of chattels is only an equity of redemption, and to sustain his action against the mortgagee for damages by reason of a sale upon default, so noticed and conducted that the property did not sell for so 119 much as it would have sold for on a fair sale, it is requisite, primarily, that the plaintiff should pay, tender, or offer in the complaint to pay, the amount due upon the mortgage. (Brush V. Evans, 53 N. Y. Super. Ct. [J. & S.] 523.) Where the mortgagee of chattels, after the day of payment had passed, sold part of the property by virtue of a power contained in the mortgage for sufficient to pay the mortgage debt with interest and expenses; held, that this was equivalent to absolute payment, and that the mortgagee's title to the chattels remaining unsold was extinguished; and the mortgagee having afterward sold the residue of the property, held also that such sale was a conversion of it, for which the mortgagee was liable in trover. (Charter v. Stevens, 3 Denio, 33.) See, also, King v. Van Vleck (40 Hun, 68). The mortgagee is not bound to sell under the mortgage, although it con- tains a power of sale; and the fact that the amount due is so small that the mortgagor cannot maintain a suit in equity to redeem does not affect the case. (Burdick v. McVanner, 2 Den. 170.) The sale of mortgaged chattels by the mortgagee, after forfeiture, to a third person, with the consent of the mortgagor, is equivalent to a formal foreclosure of the equity of redemp- tion. (Talman v. Smith, 39 Barb. 290.) See, also. Chamberlain v. Martin (43 Barb. 607); Coev. Cassidy(72N. 946 Forms of Y. 133); Beers V. Waterbury(8 Bosw. 396); Huggans v. Fryer (I Lans. 276); Allen V. Vose (34 Hun, 57); Ballou V. Cunningham (60 Barb. 425); Da- venport V. McChesney (86 N. Y. 242); Moloughney v. Hegeman (9 Abb. N. C. 403); Jaqueth v. Merritt (29 Hun, 584); French v. Powers (18 N. Y. Week. Dig. 86); Sparry v. Bald- win (46 Hun, 120); King v. Wal- bridge (48 id. 470). No. 817. Satisfaction of chattel mortgage by mortgagee or assignee. (Laws of N. Y. of 1879, chap. 171.) As in form No. 811, to (*), and from thence as follows: Chattel mortgage, bearing date the day of , i , made and executed by C. D. to me, A. B. (or, to E. F., and assigned to me, A. B., by assignment dated , i ), and filed in the office of the (town clerk of the town of , in the county of and State of New York) on the day of , I , at o'clock, — M., is paid and satisfied.^ Dated A. B. In presence of G. H. (Certificate of acknowledgment or proof, as in forms Nos. 89, etc./ I. Chapter 171 of Laws of New York of 1879 provides, that when- ever any mortgagor, or any per- son obtaining title to mortgaged property, shall present to any re- corder, county or town clerk, in whose ofBce a chattel mortgage exe- cuted by said mortgagor on such property may be filed, a certificate from the mortgagee therein named, or the holder or owner thereof, that such mortgage is paid or satisfied, it shall be the duty of such recorder or either of the clerks above mentioned to file such certificate in his office and discharge such mortgage, by writing in the book kept by such recorder or either of such clerks, and opposite the entry therein of such mortgage, the word " discharged," with the dale thereof. (Laws of N. Y. of 1879, p. 236; R. S., 7th ed., 2252.) 2. The act, however, does not re- quire the certificate to be acknowl- edged or proved. See last note. Mortgages of Real and Personal Property. 947 TITLE 11. Statutory Forms of Mortgages. No. 818. Mortgage of real estate in State of California. 819. Mortgage of personal property in same State. 820. Mortgage of real property in Dakota Territory, now North and South Dakota. ' 821. Mortgage of personal property in same Territory. 822. Mortgage of lands in State of Illinois. 823. Same in State of Indiana. 824. Same in State of Iowa. 825. Same in State of Kansas. 826. Same in State of Maryland. 827. Mortgage of personal property in State of Maryland. 828. Mortgage of real property in State of Michigan. 829. Same in State of Mississippi. 830. Same in State of New York. 831. Same in North Dakota. 832. Same in Oklahoma Territory. 833. Mortgage of personal property in same Territory. 834. Mortgage of real property in South Dakota. 835. Mortgage of real property in State of Tennessee. 836. Deed of trust in same State. 837. Deed of trust in lands in State of Virginia, to secure debts and indemnify sureties. 838. Mortgage of real property in State of Washington. 839. Deed of trust in lands in State of West Virginia, as security for debts and to indemnify sureties. 840. Mortgage of real property in State of Wisconsin. No. 818. Mortgage of real estate in State of California. (Civil Code of California, § 2948.) This mortgage, made the day of , in the year , by A. B., of , mortgagor, to C. D., of , mort- gagee, witnesseth : That the mortgagor mortgages to the mortgagee (here describe the property), as security for the payment to him of dollars, on (or, before) the day °^ ) in the year , with interest thereon (or, as se- curity for the payment of an obligation, describing it, etc.).' (Acknowledgment, as in form No. 16.) ^' I. A mortgage of real property may above form). (Civil Code of Cal., be made in substantially the fol- § 2948.) lowing form: (here is inserted the No particular form or arrangement 948 Forms of of words is necessary. (Woodworth See as to description of premises, V. Guzman, i Cal. 483; DeLeon v. Hi- Whitney v. Buckman (13 Cal. 536); guera, 15 id. 483; Burnside v. Terry, De Leon v. Higuera {supra); Han- 45 Ga. 621; Mason V. Moody, 26 Miss, cock v. Watson (18 id. 137); Began 184; Wilcox V. Morris, 3 Am. Dec. v. O'Rielly (32 id. 11). 678.) The homestead of a married per- il is. required by section 2922 of son cannot be conveyed or incum- Civil Code above cited, to be in bered unless the instrument by which writing and executed with the for- it is conveyed or incumbered is exe- malities required in a case of a con- cuted and acknowledged by both hus- veyance of real property. band and wife. (Civil Code of Cal., Any interest in real property which § 1242.) is capable of being transferred may See, also, forms Nos. 16, 17, and be mortgaged. (Id., § 2947.) notes thereto. No. 819. Mortgage of personal property in State of California. (Civil Code of California, § 2956.) This mortgage, made the day of , in the year -, by A. B., of , by occupation a , mortgagor. to C. D., of , by occupation a •, mortgagee, witness- eth : That the mortgagor mortgages to the mortgagee (here describe the property), as security for the payment to him of dollars, on (or, before) the day of , in the year , with interest thereon (or, as security for the pay- ment of a note or obligation, describing it, etc.).^ A. B. I. A mortgage of personal prop- action a mortgage. (Moore v, Mur- erty may be made in substantially dock, 2 Cal. 514.) the following form: (here is inserted Under the chattel mortgage act of the above form of mortgage). (Civil 1857, an occupation stated as that of Code of California, § 2956.) " late merchant of Pine Grove," etc., The form is immaterial; the inten- is suflficient. (Ede v. Johnson, 15 tion of the parties governs. Thus, a. id. 53.) sale of personal property made to See, also, Collins v. Montgomery secure an indebtedness of the ven- (16 id. 398), and see form No. 16 and dor to the vendee, makes the trans- note thereto. Mortgages of Real and Personal Property. 949 No. 820. Form of mortgage of real property in Dakota Territory, now North and South Dakota. (Comp. Laws of Dakota, § 4366.) This mortgage, made the day of , in the year . , by A. B., of , mortgagor, to C. D., of , mort- gagee, witnesseth : That the mortgagor mortgages to the mortgagee (here describe the property), as security for the payment to him of dollars, on or before the day of , in the year , with interest thereon (or, as secu- rity for the payment of an obligation, describing it. etc.).^ Dated , i . A. B. (Acknowledgment, as in forms Nos. 21, etc.) I. A mortgage of real property like effect as grants thereof. (Id., may be made in substantially the | 4368.) following form: (here is inserted the The record of a mortgage, duly above form of mortgage.) (Comp. made, operates as notice to all subse- Laws of Dakota, § 4366.) quent purchasers and incumbrancers. Mortgages of real property may (Id., § 4369.) be acknowledged or proved, certified See, also, forms Nos. 21-25, and and recorded in like manner and with notes thereto. No. 821. Perm of mortgage of personal property in Dakota Territory. (Comp. Laws of Dakota, § 4372.) This mortgage, made the day of , in the year , by A. B., of , by occupation a , mortgagor, to C. D., of , by occupation a , mortgagee, witnesseth : That the mortgagor mortgages to the mortgagee (here de- scribe the property), as security for the payment to him of dollars, on (or, before) the day of , in the year , with interest thereon (or, security for the payment of a note or obligation, describing it, etc.).^ Dated , i . A. B. I. A mortgage of personal prop- serted the above form of mortgage), erty may be made in substantially (Comp. Laws of Dakota, § 4372.) the following form : (here is in- As to filing and its effect, see sec- 9SO Forms of tions 4379-4383, id. Such mort- thereto, and no further proof or ac- gage«must be signed by the mort- knowledgment is required to admit gagor in the presence of two persons, it to be filed. (Id., § 4384.) who must sign the same as witnesses No. 822. Mortgage of lands in State of Illinois. (Rev. Stats, of Illinois, chap. 30, §11.) The mortgagor (here insert name or names), mortgages and warrants to (here insert name or names of mortgagee or mortgagees), to secure the payment of (here recite the na- ture and amount of indebtedness, showing when due and the rate of interest, and whether secured by note or otherwise), the following described real estate (here insert description thereof), situated in the county of , in the State of Illi- nois' (hereby releasing and waiving all right under and by virtue of the homestead exemption law of this State.)'' Dated this day of , A. D. i . A. B. [L. S.] (Acknowledgment, as in form No. 36.) I. Mortgages of lands maj' be in incumbrances, of quiet enjoyment the following form substantially (here and general warranty, as expressed is inserted the above form). Every in section 9 of this act (see note i to such mortgage, when otherwise prop form No. 6og), were fully written erly executed, shall be deemed and therein; but if the words " and war- held a good and suiBcient mortgage rants " are omitted, no such cove- in fee to secure the payment of the nants shall be implied. (Rev. Stats, moneys therein specified; and if the of Illinois, chap. 30, § 11.) same contains the words " and war- See, also, form No. 36, and note rants," the same shall be construed thereto. the same as if full covenants of 2. See, as to effect of this clause in seizin, good right to convey against parenthesis, note i to form No. 609. No. 823. Form of mortgage of real property in State of Indiana. (Rev. Stats, of Indiana, § 2930.) "A. B. mortgages and warrants to C. D. (here dejcribc the premises) to secure the repayment of (here recite the sum Mortgages of Real and Personal Property. 951 for which the mortgage is granted or the notes or other evi- dences of debt, or a description thereof, sought to be secured, also the date of the repayment.)"' Dated , i . A. B. [L. S.] (Acknowledgment, as in forms Nos. 38, 39.) I. Any mortgage of lands worded in substance as follows: (here is in- serted the form of mortgage above given in quotation marks) the said mortgage being dated and duly signed, sealed, and acknowledged by the grantor, shall be deemed and held to be a good and sufficient mort- gage to the grantee, his heirs, assigns, executors and administrators, with warranty from the grantor and his legal representatives, of perfect title in the grantor, and against all pre- vious incumbrances. And if, in the above form the words " and warrant" be omitted, the mortgage shall be good, but without warranty. (Rev. Stats, of Indiana, 2930.) Every conveyance or mortgage of lands or of any interest therein, and every lease for more than three years, shall be recorded in the recorder's office of the county where such lands shall be situated; and every convey- ance or lease not so recorded in forty-five days from the execution thereof, shall be fraudulent and void as against any subsequent purchaser, lessee, or mortgagee in good faith and for a valuable consideration. (Id. 2931.) The record of a deed not recorded within the time given by law, but after that time, is notice to all pur- chasers after its recording. (Trisler v. Trisler, 38 Ind. 282; Gilchrist v. Gough, 63 id. 576.) See, also, forms Nos. 38, 39, and notes thereto. No. 824. Form of mortgage of real property in State of Iowa. (Ann. Code of Iowa, 3145.) For the consideration of dollars, I hereby convey to A. B. the following tract of land (describing it) " to be void upon conditions that I pay," etc' Dated , i . C. D. (Acknowledgment, as in form No. 41, etc.) I. The following or other equiva- lent forms, varied to suit circum- stances, are sufficient for the pur- poses therein contemplated: (here are inserted forms of quit claim deed; deed in fee simple without warranty; deed in fee with warranty, as are given in form N0.614); and for a mort- gage the same as deed of conveyance, adding the following, viz. : the words given in quotation marks in above form. (Ann. Code, etc., of Iowa, 3I45-) See, also, forms Nos. 41, 42, and notes thereto. 952 Forms of No. 825. Porm of mortgage of real property In State of Kansas. (Gen. Stats, of Kansas, § 3886.) A. B. mortgages and warrants to C. D. (here describe the premises), to secure the payment of (here insert the sum for which the mortgage is granted, or the notes or other evi- dences of debt, or description thereof, sought to be secured, also the date of payment).^ Dated , i . A. B. (Acknowledgment, as in form No. 43.) 1. Any mortgage of lands, worded representatives of a perfect title in in substance as follows: (here is in- the grantor, and against all previous serted above form of mortgage) the incumbrances; and if in the above said mortgage being dated, and duly form the words "and warrants" be signed and acknowledged by the omitted, the mortgage shall be good grantor, shall be deemed and held to without warranty. (Gen. Stats. Kan- be a good and sufficient mortgage to sas, 3886.) the grantee, his heirs, assigns, ex- See, also, form No. 43, and notes ecutors and administrators, with war- thereto, ranty from the grantor and his lega' No. 826. Form of mortgage of real estate in State of Maryland. (Pub. Gen. Laws of Maryland, art. 21, § 59.) This mortgage, made this — — day of , by me, wit- nesseth : That in consideration of the sum of dollars, now due from me, the said , to , I, the said , do grant unto the said (here describe the property); provided, that if I, the said , shall pay, on or before the day of , to the said , the sum of dollars, with the interest thereon from , then this mortgage shall be void. Witness my hand and seal.^ [SEAL.] I. The above form of mortgage of By section 64, id., any other form real estate is provided by section 59 of mortgage, conforming to the rules of article 21 of Code of Maryland, thereinbefore laid down, or to the and is declared to be sufficient, and rules of law, shall be sufficient, that any covenant, limitation, re- See, also, forms Nos. 48-50, and striction or proviso allowed by law notes thereto, may be added, annexed thereto or in- troduced therewith. Mortgages of Real and Personal Property. 953 No. 827. Form of mortgage of personal property in the State of Mary- land. (Pub. Gen. Laws of Maryland, art. 21, § 61.) I, , of county, Maryland, being now indebted to , of county, in the sum of dollars, with inter- est from , in consideration thereof, do hereby bargain and sell to the said , the following property (here de- scribe property), provided, that, if I, the said , shall pay to the said the said sum of dollars, with the inter- est thereon, on or before the day of , then these presents shall be void. Witness my hand and seal, this day of } [SEAL.] I. The above form of mortgage of By section 64, id., any other form personal property is provided by of mortgage conforming to the rules section 61 of article 21 of the Code thereinbefore laid dov?n, or to the of Maryland, and is declared to be rules of law, shall be sufHcient. sufficient, and that any covenant, See, also, forms Nos. 48-50, and limitation, restriction or proviso al- notes thereto, lowed by law may be added, annexed thereto or introduced therewith. No. 828. Form of mortgage of real property in State of Michigan. (Stats, of Michigan, § 5731.) A. B. mortgages and warrants to C. D. (here describe the premises), to secure the repayment of (here recite the sum for which the mortgage is granted, or the notes or other evidence (evidences) of debt, or a description thereof, sought to be secured, also the date of the repayment).' Dated , I . A. B. [L. s.] (Acknowledgment, as in form No. 54.) i. Any mortgage of lands worded duly signed, sealed and acknowl- in substance as follows: (here is in- edged by the grantor, shall be deemed serted the above form of mortgage), and held to be a good and sufficient the said mortgage being dated and mortgage to the erantee, his heirs, 120 954 Forms of assigns, executors and administra- tors, with warranty from the grantor and his legal representatives, of per" feet title in the grantor, and against all previous incumbrances. And if in the above form the words "and war- rant " be omitted, the mortgage shall be good, but without warranty. (How. Ann. Stats, of Mich., § 5731.) See, also, form No. 54, and notes thereto. No. 829. Form of mortgage of real property in State of Mississippi. (Code of Mississippi, §§ 2479, 2483.) In consideration of (here state it), I convey and warrant to the land described as (describe it), in trust to secure [here state what is secured, and all the necessary provisions]. Witness my signature, the day of , A. D. i- (Acknowledgment, as in form No. 58.) I. See sections 2479 and 2483 of Code of Mississippi (1892), as to above form. A conveyance, mortgage, deed of trust, or other incumbrance upon the homestead exempted from execution shall not be valid or binding unless signed by the wife of the owner, if he be married and living with his wife. [Id., § 1983 (old Code, § 1258, am'd).] Where the homestead is the property of the wife, the instrument must be signed and acknowledged by the owner and the husband, if he be living with his wife. (Id., § 1985; old Code, § 1260.) When a married woman unites with her husband in the execution of an instrument, and acknowledges the same in one of the forms above sanc- tioned, she should be described in the acknowledgment as his wife; but in all other respects, and when she executes any instrument affecting her separate property, real or personal, her acknowledgment shall be taken and certified as if she were sole; and a separate examination of a married woman in respect to the execution of any instrument affecting real estate or other property, shall not be re- quired, nor shall a failure to describe her as the wife of the grantor affect the acknowledgment. (Id., § 2465.) See, also, forms Nos. 58, 59, 625, and notes thereto. No. 830. Form of mortgage of real property in State of New York. (Laws of N. Y. of 1890, chap. 475, § 6.) in the year — , party of This indenture, made the day of eighteen hundred and , between A. B., of ■ the first part, and C. D., of , party of the second part : Mortgages of Real and Personal Property. 955 Whereas, the said A. B. is justly indebted to the said party of the second part in the sum of dollars, lawful money of the United States, secured to be paid by his cer- tain bond or obligation, bearing even date herewith, condi- tioned for the payment of the said sum of dollars, on the day of , eighteen hundred and , and the in- terest thereon, to be computed from , at the rate of per centum per annum, and to be paid. It being thereby ex- pressly agreed that the whole of the said principal sum shall become due after default in the payment of interest, taxes or assessments, as hereinafter provided. Now this indenture witnesseth : That the said party of the first part, for the better securing the payment of the said sum of money mentioned in the condition of the said bond or ob- ligation, with interest thereon, and also for and in considera- tion of one dollar paid by the said party of the second part, the receipt whereof is hereby acknowledged, doth hereby grant and release unto the said party of the second part, and to his heirs (or, successors) and assigns forever, (de- scription), together with the appurtenances, and all the estate and rights of the party of the first part in and to said premises. To have and to hold the above granted premises unto the said party of the second part, his heirs and assigns forever. Provided always, that if the said party of the first part, his heirs, executors or administrators, shall pay unto the said party of the second part, his executors, administrators or assigns, the said sum of money mentioned in the condition of the said bond or obligation, and the interest thereon, at the time and in the manner mentioned in the said condition, that then these presents and the estate hereby granted shall cease, de- termine and be void. And the said party of the first part covenants with the party of the second part as follows : First. That the party of the first part will pay the in- debtedness as hereinbefore provided, and if default be made in the payment of any part thereof, the party of the second part shall have power to sell the premises therein described according to law. 9S6 Forms of Second. That the party of the first part will keep the buildings on the said premises insured against loss by fire for the benefit of the mortgagee. Third. And it is hereby expressly agreed that the whole of said principal sum shall become due at the option of the said party of the second part after default in the payment of interest for days, or after default in the payment of any tax or assessment for days, after notice and demand. In witness whereof, the said party of the first part hath hereunto set his hand and seal, the day and year first above written.^ In presence of A. B. [l. s.j (Acknowledgment, as in forms Nos. 89, etc.) 1. The above form of mortgage is New York of 1890. See, also, see- the one contained in Schedule C, an- tions 5, 5, 6 and 7 of that chapter, nexed to chapter 475 of Laws of cited in note i to form No. 584. No. 831. Form of mortgage of real property In State of North Dakota. See form No. 820. No. 832. Form of mortgage of real property in Oklahoma. (Stats, of Oklahoma, chap. 23, § 6.) Know all men by these presents, that I, , hereby mortgage to , to secure the payment of dollars due as follows : the following described real property situated in county, Territory of Oklahoma, to wit : with all the appurtenances, and warrant the title to the same. Signed and delivered this day of , i } (Acknowledgment, as in form No. 1 10.) I. Every mortgage in substance in held a good and sufficient mortgage the above form, provided in the pre- in fee simple to secure the payment ceding section, when otherwise prop- of the money therein specified, and erly executed, shall be deemed and if the same contain the words "and Mortgages of Real and Personal Property. 957 warrant the title to the same," it shall be construed the same as if full cove- nants of seizure, good right to convey, against incumbrances of quiet enjoy- ment, and general warranty, as ex- pressed in section 3, were fully writ- ten therein, or if the words "and warrant the title to the same" are omitted, no such covenant shall be implied. (Stats, of Oklahoma, chap. 23. § 7-) The above form is given by § 6, id. By section 21 of chapter 54, id., the following form of mortgage of real property is given : " This mort- gage made day of , in the year , by A. B. of , mort- gagor, to C. D. of , mortgagee, witnesseth: That the mortgagor mort- gages to the mortgagee (here describe the property), as security for the pay- ment to him of dollars on or be- fore the day of in the year with interest thereon (or, as se- curity for the payment of an obliga- tion (describing it, etc.)." It would seem, therefore, that either of the above forms of mortgage of real property would be sufficient under the statutes of that Territory. Mortgages of real property may be acknowledged or proved, certified, and recorded in like manner and with like effect as grants thereof. (Id., chap. 54, S 23-) The record of a mortgage, duly made, operates as notice to all subse- quent purchasers and incumbrancers. (Id., chap. 54, § 24.) See, also, forms Nos. 110-112, 638, and notes thereto. No. 833. Form of mortgage of personal property in Oklahoma Ter- ritory. (Stats, of Oklahoma, chap. 54, § 27.) This mortgage, made the day of , in the year , by A. B., of , by occupation a , mortgagor, to C. D., of , by occupation a , mortgagee, witness- eth : That the mortgagor mortgages to the mortgagee (here describe the property), as security for the payment to him of dollars, on (or, before) the day of , in the year , with interest thereon (or, security for the pay- ment of a note or obligation, describing it, etc.).' A. B. same as witnesses thereto, and no further proof or acknowledgment is required to admit it to be filed. (Id., §39) See sections 34, etc., of same chap- ter as to filing of such mortgage and effect thereof. I. A mortgage of personal prop- erty may be made in substantially the following form : (here is inserted the above form of mortgage.) (Stats, of Oklahoma, chap. 54, § 27.) Such mortgage must be signed by the mortgagor in the presence of two persons, who must sign the 9S8 Forms of No. 834. rorm of mortgage of real property in State of South Dakota. See form No. 820. No. 835. Mortgage of real property in State of Tennessee. (Code of Tennessee, § 2820.) I hereby convey to A. B. the following land : (describing it), to be void upon condition that I pay, etc' Dated , i . (Signature.) [l. s.J (Acknowledgment, as in form No. 127.) I. The above form of mortgage is in note to form No. 644, and see given by section 2820 of the Code of forms Nos. 127-130, 644, and notes Tennessee. See that section cited thereto. No. 836. Deed of trust in State of Tennessee. (Code of Tennessee, § 2820.) " For the purpose of securing to A. B. a note of this date, due at twelve months, with interest from date (or, as the case may be), I hereby convey to C. D., in trust, the following property (describing it) ; and if the note is not paid at ma- turity, I hereby authorize C. D. to sell the property herein conveyed (stating the manner, place of sale, notice, etc.), to execute a deed to the purchaser, to pay off the amount herein secured, with interest and costs, and to hold the remainder subject to my order." ^ Dated , i . (Signature.) [L. S (Acknowledgment, as in form No. 127.) I. The above form as contained in that section quoted in note to form quotation marks is given by section No. 644, and see forms Nos. 127- 2820 of the Code of Tennessee, see 130, 644, and notes thereto. Mortgages of Real and Personal Property. 959 No. 837. Deed of lands in trust in State of Virginia, to secure debts and indemnify sureties. (Code of Virginia, § 2441.) See note i to form No. 648, for this form of security, and as to acknowledgment, see the form referred to in that note. No. 838. Form of mortgage of real property in State of Washington. (Ann. Stats, of Washington, § 1647.) " The mortgagor (here insert name or names) mortgages to (here insert name or names of mortgagee or mortgagees), to secure the payment of (here recite the nature and amount of indebtedness, showing when due, rate of interest, and whether secured by note or not), the following described real estate (here insert description), situated in the county of , State of Washington. "Dated this day of , i .i" A. B. (Acknowledgment, as in form No. 141.) I. Mortgages of land may be in secure the payment of the money the following form, substantially: therein specified. The parties may (here is inserted the above form of insert in such mortgage any lawful mortgage, as quoted). agreement or condition. (Ann. Stats. Every such mortgage, when other- and Codes of Washington, § 1647.) wise properly executed, shall be See, also, forms Nos. 141, 649-651, deemed and held a good and sufE- and notes thereto, cient conveyance and mortgage to No. 839. Form of deed of trust of real property in West Virginia, as security for debts and to indemnify sureties. (Code of West Virginia, chap. 72, § 4.) See note i to form No. 652 and the note and form therein referred to, as to this form of security ; and as to acknowl- edgment, see forms Nos. 142-144, and notes thereto. 960 Forms of No. 840. Form of mortgage of real property in State of Wiseonsiu. (Stats, of Wisconsin, § 2209.) A. B., mortgagor, of county, Wisconsin, hereby mortgages to C. D., mortgagee, of county, Wisconsin, for the sum of dollars, the following tract of land in county : (here describe the premises). This mortgage is given to secure the following indebted- ness : (here state amount or amounts and form of in, debtedness, whether as note, bond or otherwise, time or times when due, rate of interest, by and to whom pay- able, etc.). The mortgagor agrees to pay all taxes and assessments on said premises, and the sum of dollars, attorney's fees, in case of foreclosure thereof. Witness the hand and seal of said mortgagor this day of , I .' . [L.S.J In presence of . [L. S.] (Acknowledgment, as in form No. 145.) i. A mortgage may be substantially ance of the mortgage, shall be paid in the following form; (here is in- previous to the day appointed by law serted the above form of mortgage), for the sale of land for taxes, as fully When executed and acknowledged as the forms of mortgage now and as required by law, it shall have the heretofore in common use in this effect of a conveyance of the land State, and may be foreclosed in the therein described, together with all same manner, and with the same the rights, privileges and appurten- effect, upon any default being made ances thereunto belonging, in pledge in any of the conditions thereof as to to the mortgagee, his heirs, assigns, payment of either principal, inter- and legal representatives, for the est or taxes. (Stats, of Wisconsin, payment of the indebtedness therein § 2209.) set forth, with covenant from the No form of conveyance hereinbe- mortgagor that all taxes and assess- fore prescribed in this chapter shall ments levied and assessed upon the be deemed to exclude the use of any land described, during the continu- other form sufficient in law; and it is Mortgages of Real and Personal Property. 961 the duty of all parties executing a conveyance of real estate to state therein, as near as practicable, the actual and true consideration of such conveyance. (Id., § 2214.) A scroll or device as a seal upon any conveyance of land or other in- strument whatever, whether intended to be recorded or not, shall have the same force and efTect as a seal at- tached thereto or impressed thereon, and the conveyance or instrument be of the same obligation as if actually sealed; but this section shall not ap- ply to such official or corporate seals as are or may be provided by law. (Id., §2215.) Two witnesses are required. See, also, forms Nos. 145, 653 and notes thereto 121 962 Forms of CHAPTER XXIX. Forms of Naturalization of Foreigners. (U. S. Rev. Stats., § 2165, etc.) No. 841. Declaration by alien of intention to become a citizen of the United States. 842. Certificate of clerk. 843. The like, in another form. 844. Petition of alien for admission. 845. Proof of residence. 846. Oath of alien on his application to be admitted to citizenship 847. Certificate of naturalization. 848. Order of court admitting alien. 849. Oath to be filed to enable aliens in certain cases to hold and con- vey real estate in the State of New York. No. 841. Declaration by alien of intention to become a citizen of the United States. (U. S. Rev. Stats., § 2165, subd. i.) I, C. D., do hereby declare, on oath (or, affirm), pursu- ant to statute, that it is bona fide my intention to become a citizen of the United States, and to renounce forever all al- legiance and fidelity to all and any foreign prince, potentate, state and sovereignty whatever ; and particularly to William, emperor of Germany (or, otherwise naming former allegi- ance), of which empire I am at this time a citizen and sub- ject. C. D. Sworn (or, afifiirmed) in open court, ( this day of , i . ) M. N., Clerk, etc. I. This declaration must be made States, or a District or Supreme Court by the alien upon oath, before a Cir- of the Territories, or a court of record cuit or District Court of the United of any of the States having common Naturalization of Foreigners. 963 law jurisdiction and a seal and clerk, his admission. (Id., g§ 2165, subd. two years, at least, prior to his admis- 6; 2166,2167.) sion. (Rev. Stats, of U. S., § 2165.) By act of January 25, 1876, chap. Such declaration is not required, 4 (19 Stat. 2), the declaration may be but certain evidence may be substi- made by an alien before the clerk of tuted therefor, from persons who re- any of the courts named in section sided here, between June, 1798, and 2165, supra, and all such declarations June, 1812; or from aliens honorably theretofore made before any such discharged from the military service, clerk are declared to be as legal and or from minor residents; but in the valid as if made before one of the latter case the alien must make the courts named in that section, required declaration at the time of No. 842. Certificate of clerk. I, M. N., clerk of the Court, do certify that the above is a true copy of the original declaration of intention of C. D. to become a citizen of the United States, remaining of record in my ofifice. In testimony whereof, I have hereunto subscribed my name and affixed the seal of the said court, the day of , one thousand hundred and } [SEAL OF COURT.] M. N., Clerk. (Annex copy of declaration, last form, No. 841.) No. 843. The like, in another form. County, ss.: Be it remembered, that C. D. appeared in the City Court of the city of Albany, in the State of New York, on the day of , in the year of our Lord one thousand hun- dred and (the said court being a court of record, having common law jurisdiction and a clerk and seal), and declared on oath, in open court, that it was bona fide his intention to become a citizen of the United States, and to renounce forever all allegiance and fidelity to any foreign prince, 964 Forms of potentate, State or sovereignty whatever and particularly to the empire of Germany and the emperor thereof. In testimony whereof, the seal of the said City Court of the city of Albany is hereunto aiiExed, this [SEAL.] day of in the year of our Lord one thousand hundred and , and of our independence the . M. N., Clerk. No. 844. Petition of alien for admission. To the City Court of the city of Albany : The petition of C. D., of the (city) of , in, etc., respect- fully shows, that your petitioner is an alien, born within and under the dominions of the , to wit, in ; that he was residing within the limits and under the jurisdiction of the United States, between the day of , in the year i , and the day of , in the year i , and has con- tinued to reside therein ever since, and that the time of such his residence within the United States is at least five years now last past, and at least one year immediately preceding this application, within the State of New York ; that your petitioner is desirous of becoming a citizen of the United States of America, and is willing to conform to the Revised Statutes of the United States, and the several acts in addi- tion thereto ; that his declaration of intention was made, etc. (state the time and place, etc.) Wherefore your petitioner humbly prays this honorable court to admit him as a citizen as aforesaid, on complying with the requisition of the said statutes. And your petitioner, etc."^ Dated , i . C. D. I. See section 2165 of United States Revised Statutes. No. 845. Proof by witness of residence and good behavior of applicant. (U. S. Rev. Stats., § 2165, subd. 3.) Court, County, ss.: E. F., of , being duly sworn (or, affirmed), deposes and says : That he has been for the last five years acquainted Naturalization of Foreigners. 965 with C. D., now present ; that said A. B. has resided within the United States five years last past, and without the State (or, Territory) of one year at least, and that during that time he, said A. B., has behaved himself as a man of good moral character, attached to the principles of the Consti- tution of the United States, and well disposed to the good order and happiness of the same^ (and that said C. D. be- came of the age of twenty-one years on the day of , I , and that he resided within the United States at least three years' next preceding his arriving at that age.)^ (Jurat, as in form No. 841.) E. F. I. See subdivision 3 of section 2. See section 2167 of same stat; 2165 of the United States Revised utes, as to this clause in parenthesis. Statutes, as to this deposition. No. 846, Oath of alien on his application to be admitted to citizenship. (U. S. Rev. Stats., § 2165, subd. 2.) Court, County, ss.: I, C. D., do hereby solemnly declare on oath (or, afKirm), pursuant to statute, that I will support the Constitution of the United States, and that I do absolutely and entirely renounce and abjure allegiance and fidelity to every foreign prince, po- tentate, State and sovereignty whatever, and particularly to William, emperor of Germany (or, name other former alle- giance), of which empire I was before a citizen and subject^ (and I do hereby expressly renounce the earldom of [or, the title of (according to the fact)], by me hereto- fore held or borne, or to which I am entitled).^ (And I fur- ther declare on oath (or, affirm) that it is bona fide my inten- tion to become a citizen of the United States, and that such has been my intention for the past two years.^) CD. (Jurat, as in form No. 841.) I. The proceedings must be re- 2. If the applicant has borne any- corded by the clerk of the court, hereditary title, or been of any of the (U. S. R. S., § 2165, subd. 2.) orders of nobility in the kingdom or 966 Forms of state from whence he came, insert son of his minority, has never filed this clause. his declaration of intention. (Id., 3. This declaration must be added §2167.) in the case of a minor who, by rea- No. 847, Certificate of naturalization. United States of America, ) State of , ?■ ^^•■' County of , ' Be it remembered, that on the day of , in the year of our Lord one thousand hundred and , C. D., formerly of , in the empire of , now of the (city) of , in tlie State of , appeared in the court (the said court being a court of record, having common law juris- diction and a clerk and seal), and applied to said court to be made a citizen of the United States of America, pursuant to the provisions of the several acts of the congress of the United States of America for that purpose made and pro-^ vided. And the said applicant having thereupon produced to the court such evidence, made such declaration and renunciation, and taken such oaths as are by the said acts required, thereupon it was ordered by the said court that the said applicant be admitted, and he was accordingly ad- mitted by the said court, to be a citizen of the United States of America. In testimony whereof, the seal of the said court is hereunto affixed this day of , in ( SEAL OF ) the year of our Lord one thousand I THE COURT, j hundred and , and in the year of our independence the } Per Curiam. M. N., Clerk. I, See note i to form No. 841. Naturalization of Foreigners. 967 No. 848. Order of court admitting alien to citizenship. At a Special Term of the Superior Court of the city of New York, held in the court house on the day of , I • Present — Hon. , Judge. In the matter of the applica- tion of A. B. to be adinitted a citizen of the United States of America. The said applicant appearing personally in court, and pro- ducing the evidence required by the acts of congress, and having made such declaration and renunciation, and having taken such oaths as are by the said acts required, it is or- dered by the said court that the said applicant be admitted to be a citizen of the United States of America. Enter. (Judge's signature.) No. 849. Oath to be filed to enable aliens in certain cases to hold and convey real estate in the State of New York. (N. Y. Rev. Stats., part 2, chap, i, tit. i, § 15.) United States of America, ■\ State of New York, v ss.: County of , ) C. B., being duly sworn (or, afifirmed), doth depose and say, that he is a resident of the (State) of (New York), and intends always, to reside in the United States and to become a citizen thereof, as soon as he can be naturalized, and that he has taken such incipient measures as the laws of the United States require, to enable him to obtain naturalization.^ (Jurat, as in form No. 32.) C. B. I. Any alien who has come in or firmation in writing, as above, before may hereafter come into the United any officer authorized to take the States, may make a deposition or af- proof of deeds to be recorded, which 968 Forms of shall be certified by such officer, and be filed and recorded by the secre- tary of State in a book to be kept by him for that purpose; and such cer- tificate, or a certified copy thereof, shall be evidence of the facts therein contained, (i N. Y. R. S. 720, § 15; 7th ed. 2164; Birdseye's Codes, etc., 2516.) Any alien who shall make and file such deposition, shall thereupon be authorized and enabled to take and hold lands and real estate, of any kind whatsoever, to him, his heirs and assigns forever, and may during six years thereafter, sell, assign, mortgage, devise and dispose of the same, in any manner, as he might or could do if he were a native citizen of this State, or of the United States, ■except that no such alien shall have power to lease or demise any real es- tate, which he may take or hold by virtue of this provision, until he be- come naturalized. (Id., § 16.) Such alien shall not be capable of taking or holding any lands or real estate which may have descended, or been devised or conveyed to him pre- viously to his having become such resident and made such deposition or affirmation as aforesaid. (Id., § 17.) It seems, that the provision requir- ing aliens to take incipient measures and to file affidavit before holding lands (i R. S. 720) does not abolish the common law right to take by pur- chase. The government alone can take advantage of an alien's disability to hold lands. (Matter of Leefe, 4 Edw. Ch. 395.) Oaths and Proclamations, etc. 969 CHAPTER XXX. Forms of Oaths and Proclamations, etc. title I. Court Forms of Oaths. No. 850. Oath of a witness in a civil cause. 851. Oath of interpreter in civil action. 852. Same in case of deaf and dumb witness. 853. Oath of witness on the voir dire. 854. Oath of party or witness to admit evidence of contents of paper. 855. Same before proving the handwriting of a subscribing witness. 856. Oath of jurors in civil or criminal cause. 857. Same in justice's court. 858. Oath of triers in a civil cause on challenge for favo 859. Oath of witness on challenge of j urors for favor . 860. Finding of triers. 861. Oath of officer on retiring with juror on leave of absence. 862. Oath of officer in charge of jury retiring for consideration. 863. Oath of officer in charge of jury on adjournment. 864. Oath on application to excuse or discharge a juror or constable. 865. Oath to foreman of grand jury. 866. Oath of grand jurors. 867. Oath of juror or constable for the remission of a fine. 868. Oath of poor witness on application for expenses. 869. Oath of prisoner as to his poverty. No. 850. Oath of a witness in a civil cause. The evidence which you shall give in this issue, joined (or, which you shall give relating to the matter in difference) between E. F., plaintiff, and G. H., defendant, shall be the truth, the whole truth, and nothing but the truth, so help you God.^ I. Itisno defense toaproseciition ner. The term "oath" includes an for perjury that an oath was adminis- affirmation, and every other mode tared or taken in an irregular man- authorized by law of attesting the 169 970 Forms of truth of that which is stated. (Penal The words in parenthesis are Code of N. Y.,§ 97.) See, also, note given in the form of oath to a wit- I to form No. 104, and section 851 ness in a justice's court, prescribed of New York Code of Civil Pro- by section 3000 of the New York cedure. Code of Civil Procedure. No. 851. Oath of interpreter in civil action. You shall well and truly interpret between the court, the jury, the counsel and the witness in this issue joined, be- tween E. F., plaintiff, and G. H., defendant, so help you God.i I. See note i to last form, No. 850. No. 852. Same in case of deaf and diunb witness. You shall well and truly interpret to A. B., a witness here produced in behalf of G. H., in this issue joined between E. F., plaintiff, and G. H., defendant, the questions and de- mands made by the court to the said A. B., and his answers made to them, so help you God.^ 1. See note i to form No. 850. No. 853. Oath of witness on the voir dire. You shall true answers make to such questions as shall be put to you touching your interest in the event of this action, so help you God.^ I . See note i to form No. 850. No. 854. Oath of party or witness, to admit evidence of contents of paper. You shall true answers make to such questions as shall be put to you touching your power or control over any paper (or, touching the loss or destruction of any paper) which would be proper evidence in this action, so help you God.^ I. See note 1 to form No. 850. Oaths and Proclamations, etc. 971 No. 855. Same, before proving the handwriting of a subscribing wit- ness. You shall true answers make to such questions as shall be put to you concerning your ability (or, the plaintiff's or de- fendant's ability) to procure the attendance of C. D., a sub- scribing witness to this paper (or, the paper in question), so help you God.* I. See note i to form No, 850. No. 856. Oath of jurors in a civil or criminal cause. You and each of you, shall well and truly try the several issues which you shall have in charge at this (Circuit Court), and true verdict in them respectively give, according to the evidence, so help you God. (Or, you do swear (or, you do solemnly afifirm, as the case may be) that you will well and truly try this issue, between the people of the State of New York, and A. B., the defend- ant, and a true verdict give according to the evidence).* I. This form of oath in criminal Procedure. See, also, note I to form causes is prescribed by section 711 No. 850. of the New York Code of Criminal No. 857. Same in Justices' Court. You do solemnly swear (or, affirm) that you will well and truly try the matter in difference between , plaintiff, and , defendant, and unless discharged by the justice, a true verdict give, according to the evidence.* I. This form of oath is prescribed ministered to each juror. See, also, by section 2998 of the New Yorls note 1 to form No. 850. Code of Civil Procedure, to be ad- 972 Forms of No. 858. Oath of triers in a civil action upon challenge for favor. You shall well and truly try, and truly find, whether C. B., the juror challenged, stands indifferent between F. E., plain- tiff, and G. H., defendant, in the issue about to be tried, so help you God.' I. See note i to form No. 850. No. 859. Oath of witness on challenge of juror for favor. You shall true answers make to such questions as shall be put to you touching the challenge of C. B., a juror, so help you God.^ 1. See note i to form No. 850. No. 860. Finding of triers.' The finding is that A. B. stands (not) indifferent. No. 861. Oath of ofllcer on retiring with jurors on leave of absence. You shall retire with such jurors as have leave of absence from this court. You shall not speak to them yourself in re- lation to this trial, nor suffer any one to speak to them ; and you shall return them to the court without delay, so help you God.^ I. See note i to form No. 850. No. 862. Oath of ofllcer in charge of jury retiring for consideration. You do swear that you will keep the jury together in some private and convenient place, without food or drink, except bread and water, unless ordered by the court ; that you will Oaths and Proclamations, etc. 973. not permit any person to speak to or communicate with them, nor do so yourself, unless it be to ask them whether they have agreed upon a verdict ; and that you will return them into court when they have so agreed, or when ordered by the court.^ I. See note i to form No. 850. No. 863. Oath of oflloer in charge of jury on adjournment. You shall retire with the jury to some convenient room to be furnished by the sheriff ; you shall not suffer any per- son to speak to or communicate with them, nor do so yourself on any subject connected with this trial, and shall return them at the order of the court at the next meeting thereof, so help you God.* 1. See note i to form No. 850. No. 864. Oath on application to excuse or discharge a juror or constable. You shall true answers make to such questions as shall be put to you touching your application (or, the application for and in behalf of ) to be discharged (or, excused) from at- tendance as a juror (or, constable) at this court, so help you God.i I. See note i to form No. 850. No. 865. Oath to foreman of grand jury. You, as foreman of this grand jury, shall diligently in- quire and true presentment make of all such matters and things as shall be given you in charge ; the counsel of the people of this State, your fellows and your own, you shall keep secret ; you shall present no person from envy, hatred or malice ; nor shall you leave any one unpresented through fear, favor, affection or reward, or hope thereof ; but you shall 974 Forms of present all things truly as they come to your knowledge, according to the best of your understanding, so help you God.i 1. This form of oath is prescribed Code of Criminal Procedure, the by section 245 of the New York Code foreman of the grand jury is author- of Criminal Procedure. See, also, ized to administer an oath to any note I to form No. 850. witness appearing before the grand By section 253 of the New York jury. No. 866. Oatb. of grand jurors. The same oath which your foreman has now taken before you on his part, you and each of you shall well and truly observe on your part, so help you God.^ I. This form of oath is prescribed grand juror appear, and be admitted by section 246 of the New York Code as such, the oath as prescribed in of Criminal Procedure. By section section 245 (last form, No. 865) must 247, id., it is provided, that if after be administered to him, commencing the foreman and the grand jurors " You, as one of this grand jury," then present are sworn, any other and so on to the end. No. 867. Oath on application of juror or constable for the remission of a fine. You shall true answers make to such questions as shall be put to you, touching your application (or, the application for and in behalf of ) for the remission of your (or, his) fine, for default in attending as a juror (or, constable) at this (or, some former) term of this court, so help you God.' I . See note i to form No. 850, No. 868. Oath of poor witness on application for expenses. You shall true answers make to such questions as shall be put to you, touching your application for the expenses of your attendance at this court as a witness in behalf of the people of this State, so help you God.^ I. See note i to form No. 850. Oaths and Proclamations, etc 975 No. 869. Oath of prisoner as to his poverty. I, A. B., a prisoner confined in the county jail, do solemnly swear (or, affirm) that I am unable to support my- self during my imprisonment.* I. In any county, if a prisoner, jailor, as above, his support is a actually confined in jail, makes oath county charge. (N. Y. Code Civ. before the sheriff, jailor or deputy Proc, § 112.) TITLE II. Miscellaneous Forms of Oaths. No. 870. General form of oath of office. 871. Oath of arbitrators. 872. Oath of witness before arbitrators. No. 870. General form of oath of office. I do solemnly swear (or, affirm) that I will support the Constitution of the United States and the Constitution of the State of New York, land that I will faithfully discharge the duties of the office of according to the best of my ability.' (*) [And I do further solemnly swear (or, affirm) that I have not, directly or indirectly, paid, offered or promised to pay, contributed, or offered or promised to contribute, any money or other valuable thing as a consideration or reward for the giving or withholding a vote at the election at which I was elected to said office, and have not made any promise to influence the giving or withholding any such vote.] A. B. I. Members of the legislature (and they enter on the duties of their re- all officers, executive and judicial, spective offices, take and subscribe except such inferior officers as shall the following oath or affirmation : be by law exempted,). shall, before (here is inserted the above form of 976 Forms of oath, to (*)), and all such officers who shall have been chosen at any elec- tion shall, before they enter on the duties of their respective offices, take and subscribe the oath or affirmation above prescribed, together with the following addition thereto, as part thereof : (here is inserted above form as contained in brackets, from the (*)). (N. Y. Const., art. 12, § i, as amended in 1874.) See, also, the diflfefent forms of of- ficial oaths, contained herein under their appropriate titles. A person who executes any of the functions of a public office without having taken and duly filed the re- quired oath of office, or without hav- ing executed and duly filed the re- quired security, is guilty of a misde- meanor; and in addition to the pun- ishment prescribed therefor, he for- feits his right to the office. (N. Y. Pen. Code, § 42.) This provision is not to affect the validity of acts done by a person exercising the functions of a public office in fact, where other persons than himself are interested in maintaining the validity of such acts. (Id., § 43.) See, also, i R. S. iig-121; §§21- 32, 131; Birdseye's Stats., etc., 2119. No. 871. Oath of arbitrators. (N. Y. Code Civ. Proc, § 2369.) In the matter of the arbi-"] tration between A. B. and l G. H. J County of , ss.: We, the undersigned, arbitrators, appointed by and be- tween A. B. and G. H., do hereby swear that we respect- ively will faithfully and fairly hear and examine the matters in controversy between the before named parties, and will make a just award therein, according to the best of our un- derstanding.^ (Signatures of arbitrators.) (Jurat, as in form No. 32.) In a submission to arbitration, or ar- bitration bond outside of the statute, it may be required or not by the ap- pointment or bond, and omitted or taken accordingly. See, also, Kel- sey v. Darrow (22 Hun, 125); New York Lumber Co. v. Schneider (119 N. Y. 475), cited in part in note I to form No. i68. I. The statutory provision in re- gard to this oath in the State of New York is contained in section 2369 of the Code of Civil Procedure. It may, under that section, be made be- fore any officer designated in section 842, id., or may be waived by the written consent of the parties to the submission or their attorneys. Oaths anp Proclamations, etc. 977 No. 872. Oath of witness before arbitrators. You do swear that the evidence you shall give to the ar- bitrators here present, on certain matters of difference be- tween A. B. and G. H., shall be the truth, the whole truth, and nothing but the truth, so help you God.^ I. See, as to oaths and manner of State, sections 841-851 of New York administering them in New York Code of Civil Procedure. TITLE III. Forms of Proclamations, Taking Verdict, Polling Jury, etc. No. 873. Proclamation by crier on opening the court. 874. Same for return of process by sheriff. 875. Same before calling grand jury. 876. Same for return of recognizances, etc. 877. Same for silence on charging grand jury. 878. Same for imposition of fines. 879. Same for bail to produce their pripcipals. 880. Same for the discharge of ii prisoner against whom no bill is found. 881. Same for discharge. 882. Same for appearances on recognizances. 883. Same to persons bound to answer. 884. Same before calling petit jury. 885. Same for jury in civil or criminal action. 886. Same for defendant on an inquest. 887. Same for plaintiff to appear and prosecute. 888. Address by the clerk to prisoner before calling jury. 889. Proclamation by crier upon swearing a juror. 890. Same for witness under recognizance to appear and testify. 891. Same for arraignment of prisoners. 892. Same before sentence is pronounced. 893. Same of adjournment. 894. Same of opening of court after adjournment. 895. Same of final adjournment. 896. Taking of recognizance by clerk. 897. Order for attachment against witness. 898. Arraignment of a party under indictment. 899. Taking verdict in a capital or other criminal case. 900. Polling of jury in such case. 123 / 978 Forms of No. 901. Taking of verdict in civil action. 902. Polling of jury in such action. 903. Entry of verdict in such action. 904. Notice of drawing a jury. 905. Notice of drawing additional jury, pursuant to order of judge. No. 873. Froclamatioa, by erier, on opening the court. Hear ye, hear ye, hear ye : All manner of persons who have any business to do at this County Court (and Court of Sessions) (or, Circuit Court and Court of Oyer and Terminer, etc.), let them draw near, give their attendance and they shall be heard. No. 874. Proclamation, by erier, for return of process by sheriff. Hear ye, hear ye, hear ye : Sheriff of the county of . Return the writs and precepts to you directed and delivered, and returnable here this day, that the court may proceed thereon. No. 875. Proclamation, by crier, before calling grand jury. Hear ye, hear ye, heiar ye : You who are here returned to inquire for the people of the State of New York for the body of the county of , answer to your names at the fir^st call and save your fines (calling each name in order) No. 876. Proclamation, by crier, for return of recognizances, etc. All justices of the peace, coroners, sheriffs and other of- ficers, who have taken any recognizances, examinations or other matters, return the same to the court here, that they may proceed thereon. Oaths and Proclamations, etc. 979 No. 877. Proclamation, by crier, for silence on charging the granl jury. All persons are strictly charged and commanded to keep silence while the court is giving the charge to the grand jury, on pain of fine or imprisonment. No. 878. Proclamation, by crier, for imposition of fines. Hear ye, hear ye, hear ye : The court has imposed a fine of dollars upon each of the following persons for their non-attendance as grand jurors (or, petit jurors; or, con- stables) at this court, to wit, on A. B., of , on C. D., of , etc. No. 879. Proclamation, by crier, for bail to produce their principal. Hear ye, hear ye, hear ye : C. D. and E. F., bring forth your pringipal, A. B., whom you have undertaken to have here to-day, or you will forfeit your recognizance. No. 880. Proclamation, by crier, for the discharge of a prisoner, against whom no bill is found. Hear ye, hear ye, hear ye : If any man can show cause why A. B. should stand longer bound (or, imprisoned), let him come forth and he shall be heard, for he stands upon his discharge. No. 881. Proclamation, by crier, of discharge. Hear ye, hear ye, hear ye : No cause being shown why A. B. should longer remain in custody of the sheriff of the county of , he is discharged. 980 Forms of No. 882. Proclamation, by crier, for appearances on recognizances. Hear ye, hear ye, hear ye : All persons who are bound by recognizance to prosecute, or prefer any bill of indictment against any prisoner or other person, let them come forth and prosecute, or they will forfeit their recognizances. No. 883. Proclamation, by crier, for persons bound to answer. Hear ye, hear ye, hear ye : A. B., come forth and answer to your name, and save yourself and your bail, or you will forfeit your recognizance. No. 884. Proclamation, by crier, before calling petit jury. Hear ye, hear ye, hear ye : You good men who are here . returned to try the several issues to be tried at this Circuit Court and Court of Oyer and Terminer (or, at this County Court and Court of Sessions), held in and for the county of , answer to your names at the first call and save your fines. No. 885. Proclamation, by crier, for jury in civil or criminal action. Hear ye, hear ye, hear ye : You good men who are here empanelled and returned to try this issue joined between A. B., plaintiff, and C. D., defendant (or, to inquire between the people of the State of New York and A. B., the prisoner at the bar ; or, to try this issue (of traverse) between the people, etc., and C. D., defendant), answer to your names as you are called, and save your fines. No. 886. Proclamation, by crier, for defendant on an inquest. A. B., come forth and make your challenges, or you will lose your challenges, and an inquest will be taken against you by default. Oaths and Proclamations, etc. 981 No. 887, Proclamation, by crier, fbr plaintiff to appear and prosecute. A. B., appear and prosecute your action, or your default will be entered. No. 888. Address by the clerk to prisoner before calling jury. A. B., these good men that you shall now hear'called, are the jurors who are to pass between the people of the State of New York and you (or, to pass upon your hfe and death);^ if, therefore, you will challenge them, or any of them, you must challenge them as they come to the book to be sworn, and before they are sworn, and you shall be heard. I. Substitute these words in parenthesis in a capital case. No. 889. Proclamation, by crier, upon swearing the juror. Juror, look upon the prisoner ; prisoner, look upon the juror. No. 890. Proclamation, by crier, for witness under recognizance to ap- pear and testify. Hear ye, hear ye, hear ye : E. F., who is bound by recog- nizance to give evidence against G. H., the prisoner at the bar, come forth, answer to your name and give evidence, or you will forfeit your recognizance. No. 891. Proclamation, by crier, for arraignment of prisoners. All persons are strictly charged and commanded to keep silence while the court proceeds to arraign the prisoners on indictment for felony. 982 Forms of No. 892. Proclamation, by crier, before sentence is pronounced. Hear ye, hear ye, hear ye : All manner of persons are commanded to keep silence while judgment is pronounced upon the prisoner. No. 893. Proclamation, by crier, of adjournment. Hear ye, hear ye, hear ye : All manner of persons who have any further business to do at this court, may depart hence and appear here again (to-morrow morning) at ten o'clock, to which time this court is adjourned. No. 894. Proclamation, by crier, of opening court after adjoummeut. Hear ye, hear ye, hear ye: All manner of persons who have been adjourned over to this hour, and have any further business to do at this court, may draw near and give their attendance, and they shall be heard. No. 895. Proclamation, by crier, of final adjoiirnment. Hear ye, hear ye, hear ye : This court is adjourned sine die (or, without day). No. 896. Taking of recognizance by clerk. You (and each of you) acknowledge yourself (or, your- selves) to be indebted to the people of the State of New York, in the sum of dollars (or, to wit : You, A. B., in the sum of dollars, and you, C. F., in the sum of dollars), to be levied of your (and each of your) goods and chattels, lands and tenements, to the use of the said people, Oaths and Proclamations, etc. 983 if default shall be made in the condition following, to wit : The condition of this recognizance is such that if (you), A. B., shall appear at the Court of Sessions (or, of Oyer and Terminer) to be held in and for the county of , then and there (or, from day to day during the sitting of this court), to answer and stand trial upon a certain indictment against you for felony (or, misdemeanor), (or, to testify and give evidence on the trial of a certain indictment against E. F., for felony (or, misdemeanor), and not to depart the court without leave, and to abide its order and decision, then this recognizance to be void, otherwise to remain in full force and virtue. Are you (and each of you) content ? No. 897. Order for attachment against witness. (Title of case.) On reading and filing due proof of the service of a sub- poena upon F. G., to appear here this day as a witness upon the trial of this indictment, and said G. being called and not appearing, and on motion of A. B., Esq., district attorney, it is ordered that an attachment issue against the said F. G.* I. Disobedience to a subpoena, or Code of Civil Procedure. (N. Y. a refusal to be sworn or to testify. Code Crim. Proc, § 619.) For such may be punished by the court or proceeding, see form No. i, Lan- magistrate, as for a criminal con- sing's Forms of Civil Procedure. tempt, in the manner provided in the No. 898. Arraignment of a party under indictment. The clerk either reads the indictment or states to the prisoner that he has been indicted by the grand jury for a felony (or, for a misdemeanor), stating the facts charged in the indictment, and asks : Do you demand a trial on this indictment ? i^or. Do you plead guilty or not guilty to this indictment P)^ I. When an indictment is filed the for felony, the defendant must be defendant must be arraigned thereon, personally present when arraigned; before the court in which it is found, but for a misdemeanor only, his per- or before the court to which it is sent sonal appearance is unnecessary, and or removed. (N. Y. Code Crim. he may appear upon the arraignment Proc, § 296.) If an indictment be by counsel. (Id., § 297.) 984 Forms or No. 899. Taking of verdict in a capital or other criminal case. Gentlemen of the jury, please answer to your names (call- ing them one by one). Have you agreed upon your verdict ? (answer, yes). (*) Jurors, look upon the prisoner. Who shall say for you ? (the foreman rises). How say you, do you find the prisoner at the bar guilty of the felony (and murder) whereof he stands indicted, or not guilty? (the foreman answers " guilty," or " not guilty "). Then the clerk adds : Hearken to your verdict, as the court hath recorded it. You say that you find the prisoner at the bar guilty (or, not guilty) of the felony (and murder) whereof he stands in- dicted, and so you all say ? ^ I. See sections 433-437 of New prisoner" may be omitted, and York Code of Criminal Procedure, the words contained in next form, as to the manner of taking the ver- No. goo, be used as descriptive of diet. the crime in place of those above In cases not capital or of felony, given, the words " Jurors, look upon the No. 900. Polling a JTiry. Gentlemen of the jury, answer to your names as you are called. (*) A. B., how say you, do you find the prisoner at the bar guilty of the felony (and murder) (or, misdemeanor; or, crime ; or, ofTense ; or, riot ; or, assault and battery and riot)' whereof he stands indicted, or not guilty ? (and so call the rest one by one.) I. In cases not capital these words polled, on the requirement of either in parenthesis may be inserted ac- party; in which case they must be cording to the circumstances, and severally asked whether it is their the words -'felony (and murder)" verdict; and if any one answer in omitted. the negative, the jury must be sent When a verdict is rendered, and out for further deliberation. (N. Y. before it is recorded, the jury may be Code Crim. Proc, § 450.) Oaths and Proclamations, etc. 985 No. 901. Taking of verdict in civil action; As in form No. 899, to (*), and from thence as follows : How do you find ? (The foreman rises and says) : We find for the defendant (or, for the plaintiff), dollars damages ; (or, we find the title of the property in question to be in the plaintiff, and assess the value thereof at dollars.) (The clerk then says : Gentlemen, listen to your verdict as it stands recorded. You say you find, etc. (repeat the find- ing of the jury), and so you all say.^ I. See, as to verdict and taking -1189 of the New York Code of Civil thereof, in civil actions, sections 1181 Procedure. No. 902. Polling of jury in civil action. As in form No. 900, to (*), and from thence as follows: A. B., you say you find for the defendant (or, ydu find for the plaintiff and assess his damages at dollars) ; C. D., you say, etc. (putting the same question to each juror, and when all have answered, then say) : Then, gentlemen of the jury, hearken to your verdict, as the court has recorded it : You say you find (state the finding), and so say you all.^ I. See note i to last form, No. 901. No. 903. Entry of verdict in civil action. (Title of action.) At a Circuit Court held at, etc., on the day of , Present — Hon. I. J., Justice. Jurors (insert their names). Witnesses for plaintiff (insert their names). Witnesses for defendant (insert their names). Verdict for the defendant (or, plaintiff), damages dol- lars ; or, verdict for plaintiff against defendant C. D., damages ■ dollars; and verdict for the defendant E. D. against 124 986 Forms of the plaintiff ; or, verdict for the plaintiff and the value of the property assessed at $ ; or, verdict for the plaintiff for possession of the real property, and damages for with- holding same, assessed at $ } (Add any direction given by the cburt as to the subse- quent proceedings.) by the court, or it is otherwise spe- cially prescribed by law. (N. Y. Code Civ. Proc, g 1189.) Where the foreman of a jury by mistake announced a verdict different from that agreed upon, and the er- roneous statement was entered and recorded, Aeld, that the court might, at the same circuit, correct the record so as to conform to the actual find- ing, and that upon such an applica- tion, it being to establish and not to impeach the true verdict, jurors' affi- davits were admissible. (Dalrymple V. Williams, 63 N. Y. 361,) See, also. Weeks v. Hart (24. Hun, 181); Hodgkins v. Mead (119 N. Y. 166). I. When the jury renders a ver- dict, or finds upon one or more spe- cific questions of fact, stated under the direction of the court, the clerk must ttiake an entry in his minutes, specifying the time and place of the trial; the names of the jurors and witnesses ; the verdict, or the ques- tions and findings thereupon, as the case requires ; and the direction, if any, which the court gives, with re- spect to the subsequent proceedings. Upon the application of the party in whose favor a general verdict is ren- dered, the cjerk must enter judg- ment in conformity to the verdict, unless a different direction is given No. 904. Notice of drawing a jury. State of New York, ) (City and) County of (*), >• Clerk's office. 1 Notice is hereby given, that on (Monday) the day of , I , a panel of petit and grand jurors will be drawn at this ofifice, to serve at a Circuit Court and Court of Oyer and Terminer (or. Court of Sessions), to be held in and for the (city and) county of , at , in the (city) of — — , on (Monday), the day of , i } A. C. R., Clerk. I. At least six days before the one; or, if there is none, he must af- drawing, the county clerk must pub- fix a notice thereof on the outer door lish a notice thereof, in a newspaper of the building where the term, for published in the county, if there is which the jurors are to be drawn, is Oaths and Proclamations, etc. 987 appointed to bo held. He must, also, upon the special county judge, or, in at least three days before the time ap- a county where there is no special pointed for the drawing, cause notice county judge, upon a justice of Ses- thereof to be served upon the sheriff sions. (N. Y. Code Civ. Proc, of the county, and upon the county § 1043.) judge, or, in case of his absence, No. 905. Notice of drawing additional jury, pursuant to order of judge. As in last form to (*), and from thence as follows : In the (Supreme Court of the State of New York). Whereas, in my opinion more than jurors will be required to at- tend the (Circuit Court and Court of Oyer and Terminer), to be next held in and for the county of , on the day of next, I do hereby order and direct that additional jurors, to serve at said court, be drawn and sum- moned according to law.'' Witness my hand the day of , i . D. C. H., Justice, etc. State of New York, ) (City and) County of , > Clerk's office. > Notice is hereby given, that on (Monday), the day of , I , in pursuance of the foregoing order for additional jurors, a panel of petit jurors will be drawn at this office, to serve at a (Circuit Court and Court of Oyer and Terminer), to be held in and for the (city and) county of , at , in the (city) of , on (Monday), the day of I . A. C. R., Clerk. I. a justice of the Supreme Court, be drawn as prescribed in the fore- appointed to hold a term of the Cir- going sections of this article. A cuit Court, or to preside at a term of county judge may, in like manner, the Court of Oyer and Terminer, direct the drawing of a like addi- may, by an order under his hand, dl- tional number of jurors, for a term rect that such a number of jurors, as of the County Court, or of the Court he deems necessary, not exceeding of Sessions, to be held In his county, twenty-four, be drawn for that term, (N. Y. Code Civ. Pro., § 1056.) in addition to the thirty-six jurors to 988 Forms Relating to CHAPTER XXXI. Forms Relating to Partnerships. See, also. Agreements. TITLE I. Limited Partnerships. No. 906. Certificate of formation of limited partnership, and affidavit of general partner. 907. Notice of terms of limited partnership for publication. 908. Affidavit of publication of notice, form No. 907. No. 906. Certificate of formation of limited partnership, and affidavit of general partner. A. P. & Co.— * Certificate of limited partnership The undersigned, being desirous of forming a limited partnership, pursuant to the provisions of the statutes of the State of New York, do hereby certify as follows : (*) I. That the name or firm under which said partnership is to be conducted is A. P. & Co. 2. That the general nature of the business intended to be transacted thereby is (the buy- ing and selling, transacting and dealing in buttons and trim- mings, and similar merchandise). 3. That the names of all the general and special partners interested therein are as follows : A. P. (and M. N.) is (or, are) the general partner (or, partners), whose place of residence is (or, the place o\ residence of said A. P. being) No. Q. street, in tne (city) of B., in the county of and State of New York, ' and the place of residence of said M. N. being, etc.), and I. S. M. is the special partner, whose place of business is No. street, in the (city) of B., in the county of B. and State of New York. 4. That the amount of capital which the Partnerships. 989 said special partner has contributed to the common stock is dollars in cash. 5. That the period at which the said partnership is to commence is the day of , I , and the period at which it will terminate is the day of , I . (t) In witness, etc. (as in form No. 270).^ A. P. (M. N.) J. M. (Acknowledgment or proof, as in form No. 89.) (County clerk's certificate, when required.)^ (City and) County of . A. P., of (and M. N., of ), being (severally) duly sworn, says (or, say) : That he is (or, that they are) the gen- eral partner (or, partners) named in the foregoing certificate, and that the sum of dollars, specified in said certificate to have been contributed by I. S. M. as a special partner to the common stock has been actually and in good faith -^aid in cash.^ A. P. (M. N.) (Jurat, as in form No. 32.) I. See I New York Revised Statutes, provisions of the statute, and see 21 §4; Birdseye's Stats., etc., 2169, as to Abb. N. C. 55, note. this certificate and its contents, and As to acknowledgment or proof of see Haggerty v. Taylor (10 Pai. certificate see Laws of New York of 261); Madison Co. Bank v. Gould 1837, chap. 129, § i. It is required (5 Hill, 309); Van Ingen v. Whit- to be filed and recorded in the office man {62 N. Y. 513); Durant v. Aben- of the clerk of the county in which droth (69 id. 148; S. C, 97 id. 132); the principal place of business of the Allison V. Abendroth (108 id. 470); partnership shall be situated, (i N. Prest., etc., of Manhattan Co. v. Y. R. S. 764, § 6; Birdseye's Stats., Laimbeer(id. 578, rev'g S. C, 21 J. etc., 2170.) &S. 84); Kohler V. Lindenmeyer (58 Every renewal or continuance of Hun, 173); White v. Eiseman (id. such partnership, beyond the time 484); Metropolitan Nat. Bank v. originally fixed for its duration, shall Palmer (30 N. Y. State Rep. 509; S. be certified, acknowledged and re- L., 9 N. Y. Supp. 239); Fifth Avenue corded, and an affidavit of. a general Bank v. Colgate (120 N. Y. 381), partner be made and filed and no- among other cases construing the tice be given, in the manner herein 990 Forms Relating to required for its original formation; and every such partnership which shall be otherwise renewed or con- tinued, shall be deemed a general partnership. (Id., § ii.) See, as to such certificate. Ropes v. Colgate (17 Abb. N. C. 136); Fifth Ave. Bank v. Colgate (120 N. Y. 381, rev'g S. C, 55 N. Y. Super. Ct. 541); S. C. (54 N. y. Super. Ct. 188). 2. If the partnership shall have places of business situated in differ- ent counties, a transcript of the cer- tificate and of the acknowledgment thereof, duly certified by the clerk in whose oflBce it shall be filed, under his official seal, shall be filed and re- corded iij like manner, m the office of the clerk of every such county. (I R. S. 764, § 6, cited in above note.) 3. This affidavit is required to be filed at the time of filing the original certificate. It is not, however, re- quired to be recorded. (Same stat- utes, above cited, § 7.) No. 907. Notice of terms of limited partnership for publication. The undersigned hereby give notice, that according to the statutes of the State of New York relating to Hmited part- nerships, they have duly formed a limited partnership, and the terms thereof are as follows : (here insert substantially from form No. 906, from (*) to (f)."' Dated , i . (Signatures.) I hereby designate, pursuant to statute, The and The , two newspapers published in the (city) of , in which (city) the business of the partnership therein men- tioned is to be carried on, as the newspapers in which the foregoing notice shall be published according to law. Dated , i . A. M., County Clerk of County. I. The statute requires the publica- tion of this notice, for at least six weeks immediately after the registry of the certificate in two newspapers, to be designated by the clerk of the county in which the registry shall be made, and to be published in the senate district or city or town in which their business shall be carried on; and if such 'publication be not made the partnership is to be deemed general, (i N. Y. R. S. 765, § 9, as amended by Laws of 1862, chap. 476, § 2; Birdseye's Codes, etc., 2176.) See, also, Argall v. Smith (3 Den. 435, afif'g S. C, 6 Hill, 479); Bowen V. Argall (24 Wend. 476); Metropoli- tan Nat. Bank v. Sirret (97 N. Y. 320); The President, etc., of Man- hattan Co. v. Phillips (109 N. Y. 383). Partnerships. 991 No. 908. Afldavit of publication of notice, form No. 907. County, ss.: ji^ B_^ of , being duly sworn, says : That he is the printer (or, one of the printers) of The , a newspaper published in the (city) of , in the county of and State of New York, and that the annexed notice of the terms of the limited partnership therein mentioned has been published in the said for six successive weeks, com- mencing on the day of , i , and ending on the day of , I , the first publication thereof having been made on the day of , i } (Jurat, as in form No. 32.) A. B. (Annex copy of notice, form No. 907.) I. AfiBdavits of the publication of be evidence of the facts therein con- such notice by the printers of the tained. (i N. Y. R. S. 765, § 10; newspapers in which the same shall Birdseye's Codes, etc., 2176.) See, be published, may be filed with the also, note i to last form. No. Q07. clerk directing the same, and shall TITLE II. Forms Relating to Continued Use of Partnership Name. No. 909. Certificate of continued use of partnership name. 910. Same certificate incase of death of person carrying on a business. No, 909. Certificate of continued use of partnership Name. I (or. We), the undersigned, A. B., whose place of abode is at the city of , in the county of and State of New York (and C. D., whose place of abode is, etc.), do hereby certify, pursuant to statute, that he is (or, that they are) the person (or, persons) dealing under the firm name of (A. B. and Company)^ in the business of (stating same), at (stating principal place of business). A. B. Dated , i . C. D. (Acknowledgment, as in form No. 89.) I. See Laws of New York of 1854, amended by Laws of i§8i, chapter chapter 400, sections i and 2, as 389, as to this certificate and its con- 992 Forms Relating to The provisions of the act, chapter 400 of Laws of New York of 1854, are applicable to firms or copartnerships having business relations with foreiga countries, and to all copartnerships in the State who have transacted business therein for a period of three years or upwards, and to any limited partnership formed under the laws thereof whose general partners, or the majority of them, shall have been members of the prior copartnership, and who shall elect to continue their business under the name of such prior copartnership and comply with the requirements of the act. (Id., § 4, as amended by Laws of 1888, chap; 142.) tents ; such certificate is required by that section to be filed with the clerk of the county in which shall be the principal place of business of the persons signing the same, and is to be published in a newspaper printed in the town or city in which shall be such principal place of business, or if none be printed in such town, then in a newspaper printed in the county town, and in the newspaper printed by the printer to the state, for four successive weeks. See, also, Caswell v. Hazard (121 N. Y. 484). For form of affidavit of publication see form No. 907, which follow substantially (Id., § 4). As to manner of publication of notice, see Wood v. Knapp (too N.Y. 109, 113). Anony- mous (Col. & Caine's Cases, 428). No. 910. Same certificate in ease of death of person carrying on a busi- ness. I (or, We), the undersigned, A. B., whose place of residence is at the (city) of , in the county of , and State of New York, and C. D., w.hose place of residence is, etc., do hereby certify, pursuant to statute, that he is (or, they are) the person (or, persons) dealing (or, intending to deal) under the name of E. F., deceased,^ in the business of (stating same), at (stating principal place of business). Dated , i . A. B. CD. (Acknowledgment, as in form No. 89.) I. See chapter 561 of Laws of New be printed in such town, then in a York of 1880, as amended by Laws of 1881, chapter 398, sections i and 2, as to the above certificate and the con- tents thereof; such certificate is re- quired by said section 2 to be filed in the county where it is intended the principal place of business shall, be, and a copy thereof is required to be published in a newspaper printed in the town or city in which shall be such principal place of business, or if none newspaper printed in the county town, and in the newspaper printed by the printer to the State for four suc- cessive weeks. See, also, Arnstadt v. Blumenfield (23 N. Y. Week. Dig. 31; S. C, 13 Daly, 354); Blake v. Barnes (26 Abb. N. C. 208). For form of affidavit of publication of the certificate, see form No. 907, which follow, substantially. Patents. 993 CHAPTER XXXII. Forms Relating to Patents. No. 911. Application for issue of letters patent. 912. Specification and claim to be filed with application, form No. gil. 913. Same in case of a machine. 914. Oath to be made by applicant. 915. Oath of executor, etc., of inventor, on such application. 916. Surrender of patent for reissue. 917. Assignment of right in patent. 918. Disclaimer. 919. Petition on addition of new improvements. 920. Assignment of entire or partial interest in invention. 921. Application for patents for designs. 922. Specifications for designs. 923. Form of caveat. 924. Oath of applicant for design. 925. Deposition upon interference. 926. Amendments to specification. 927. Appeal to the examiners in chief. No. 911. Application for Issue of letters patent. (U. S. R. Sy § 4888.) To the Commissioner of Patents : The petition of S. C, of , in the county of H., in the State of , respectfully represents (f) : That your peti- tioner has invented a new (and improved mode of prevent- ing steam boilers from bursting), which he verily believes has not been known or used prior to the invention thereof by your petitioner. (*) He therefore prays that letters patent of the United States may be granted him therefor, vesting in him and his legal representatives the exclusive fight to the same, upon the terms and conditions expressed in the 125 994 Forms Relating to act ot Congress in that case made and provided ; he having paid fifteen dollars into the treasury, and complied with the other provisions of the said act.-' S. C. I. See section 4888 of the Revised Statutes of the United States as to this application. No. 912. Specification and claim to be filed with application. (U. S. R. S., § 4888.) To all whom it may concern : Be it known, that I, S. C, of C, in the county of H., and State of M., have invented (*) a new and improved mode of preventing steam boilers from bursting, and I do hereby de- clare that the following is a full and exact description thereof (reference being had to the accompanying drawings and to the letters of reference marked thereon) : The nature of my invention consists in providing the up- per part of a steam boiler with an aperture in addition to that for the safety valve, which aperture is to be closed by a plug, or disk, of alloy, which will fuse at any given de- gree of heat, and permit the steam to escape, should the safety valve fail to perform its functions. To enable others skilled in the art to make and use my invention, I will proceed to describe its construction and operation : I construct my steam boiler in any of the known forms, and apply thereto gauge-cocks, a safety valve, and the other appendages of such boilers ; but, in order to ob- viate the danger arising from the adhesion of the safety valve, and from other causes, I make a second opening in the top of the boiler, similar to that made for the safety valve, as shown at A, in the accompanying drawing, and in this opening I insert a plug or disk of fusible alloy, securing it in its place by a metal ring and screws, or otherwise. This fusible metal I, in general, compose of a mixture of lead, tin and bismuth, in such proportions as will insure its melting at a given temperature, which must be that to which it is intended to limit the steam ; and will of course, Patsnts. 995 vaiy with the pressure the boiler is intended to sustain. I surround the opening containing the fusible alloy by a tube B, intended to conduct off any steam which may be discharged therefrom. When the temperature of the steam, in such a boiler, rises to its assigned limit, the fusible alloy will melt, and allow the steam to escape freely, thereby securing it from all danger of explosion. What I claim as my invention, and desire to secure by letters patent, is the application to steam boilers of a fusible alloy, which will melt at a given temperature, and allow the steam to escape, as herein described ; using for that purpose any metallic compound which will produce the intended effect.1 S. C. Witness : J. D. R. R. 1. See section 4888 of the Revised Statutes of the United States as to this specification. No. 913. Same for machine. (U. S. R. S., § 4888.) Be it known that I, S. C, of , in the county of and State of , have invented a new and useful (improve- ment on a ; or, on the) machine for (stating use and title of the machine), and I do hereby declare that the following is a full, clear and exact description of the construction and ope- ration of the same, reference being had to the annexed drawings, making a part of this specification, in which figure I is a perspective view, figure 2 a longitudinal elevation, figure 3 a transverse section, etc. (thus describing all the sections of the drawings, and then referring to the parts by letters). Then follows the description and operation of the machine, and ending with the claim, which should express the nature and character of the invention, and identify the part or parts claimed separately or in combination. If the 996 Forms Relating to specification is for an improvement, the original invention should be disclaimed, and then the claim confined to the improvement.' Witness : S. C. J. D. R. R. I. See section 4888 of the Revised Statutes of the United States as to this specification and claim. No. 914. Oath to be made by applicant, (U. S. R. S., § 4892.) County of H., State of M., ss.: On this day of , i , before the subscriber, a (insert official description), personally appeared the within named S. C, and made solemn oath (or, affirmation) that (*) he verily believes himself to be the original and first inven- tor of the mode herein described for preventing steam boilers from bursting, and that he does not know or believe the same was ever before known or used (*), and that he is a citizen of the (United States).' (Signed.) S. C. I. See section 4892 of the Revised Statutes of the United States as to this oath. No. 915. Oath of executor, etc., of inventor on application for a patent, (U. S. R. S., § 4896.) As in form No. 914, to (*) and from thence as follows : He verily believes that J. F., late of, etc., now deceased, was the original and first inventor of the mode herein described for (preventing steam boilers from bursting) ; and that he does not know or believe the same was ever before known or used ; and that said J. F. was a citizen of (the United States) : That said is the executor of the last will and testament (or, administrator of all and singular the goods, etc.) of said J. F.' (Signature of officer) (Official title.) I. See section 4896 of the Revised Statutes of the United States as to this oath. Patent 99; No. 916. Surrender of patent for reissue. (U. S. R. S., § 4916.) To the Commissioner of Patents : The petition of S. C. of , in the county of , and State of , respectfully represents : That he obtained letters patent of the United States for an improvement in the boilers of steam engines, which letters are dated on the day of , i . That he now believes that the same is inoperative and invalid, by reason of a defective (or, insufficient) specification, which defect has arisen from inadvertence and mistake. He therefore prays that he may be allowed to surrender, and he hereby does surrender the same, and requests that new letters patent may issue to him for the same invention, for the residue of the period for which the original patent was granted, under the amended specification herewith presented ; he having paid thirty dollars' into the treasury of the United States, agreeably to the requirements of section 4916 of the Revised Statutes of the United States, in that case made and pro- vided.^ S. C. State of (City and) County of , ss.: On this day of , i , before the subscriber a (insert official title) personally appeared the above named S. C, and made solemn oath (or, affirmation) that he verily believes that, by reason of an insufficient or defective specifica- tion, his aforesaid patent is not fully valid and available to him ; and that the said error has arisen from inadvertence, accident or mistake, and without any fraudulent or deceptive intention, to the best of his knowledge or belief. M. E. (Official title.) 1. See section 4934 of the Revised 2. See section 4916 of same stat- Statutes of the United States, as to utes as to this application. the amount of this fee. 998 Forms Relating to No. 917. Form of assignment of a right in a patent. Whereas, I., S. C, of C, in the county of H., and State of M., did obtain letters patent of the United States for certain improvements in steam engines, which letters patent bear date the first day of March, 1835 ; and whereas, J. D., of C, aforesaid, is desirous of acquiring an interest therein : Now this indenture witnesseth : That for and in consideration of the sum of (two thousand) dollars; to me in hand paid, the receipt of which is hereby acknowl- edged, I have assigned, sold and set over, and do hereby assign, sell and set over, all the right, title and interest which I have in the said invention, as secured to me by said letters patent, for, to and in the several States of New York, New Jersey and Pennsylvania, and in no other place or places. The same to be held and enjoyed by the said J. D. for his own use and behoof, and for the use and behoof of his legal representatives, to the full end of the term for which letters patent are or may be granted, as fully and en- tirely as the same would have been held and enjoyed by me, had this assignment and sale not been made. In testimony whereof, I have hereunto set my hand and af- fixed my seal, this day of , i .' Witness : S. C. [L. S.] A. B. C. D. I. See form No. 251 for assign- valuable consideration, without no- ment of entire or part interest in tice, unless it is recorded in the patent rights; and see notes to that patent office within three months form. An assignment, grant or con- from the date thereof. (U. S. R. S., veyance is void as against any subse- § 4898.) quent purchaser or mortgagee for a No. 918. Form of disclaimer. To the Commissioner of Patents : The petition of S. C, of C, in the county of H., and State of M., respectfully represents : That he has, by assignment duly Patents. 999 recorded in the patent office, become the owner of a right for the several States of Massachusetts, Connecticut and Rhode Island, to certain improvements in the steam engine, for which letters patent of the United States were granted to John Doe, of Boston, in the State of Massachusetts, dated on the (Jay of , I • That he has reason to believe that, through inadvertence and mistake, the claim made in the specification of said letters patent is too broad, including that of which the said patentee was not the first inventor. Your petitioner, therefore, hereby enters his disclaimer to that part of the claim in the aforenamed specification, which is in the following words, to wit : " I also claim the particular manner in which the piston of the above described engine is con- structed, so as to insure the close fitting of the packing thereof to the cylinder, as set forth ; " which disclaimer is to operate to the extent of the interest in said letters patent vested in your petitioner, who has paid ten dollars into the treasury of the United States, agreeably to the require- ments of the act of Congress in that case made and provided.' S. C. I. In case of disclaimer by the See, as to disclaimer, section 4917 original patentee, it must be so of the Revised Statutes of the United worded as to express that fact. States. No. 919. Petition on addition of new improvements. To, etc. (as in form No. 911.) That your petitioner did obtain letters patent of the United States, for an improvement in the boilers of steam engines, which letters patent are dated on the day of , I ; that he has since that date made certain improve- ments on his said invention ; and that he is desirous of add- ing the subjoined description of his said improvements to his original letters patent, agreeable to the provisions of the Revised Statutes of the United States, he having paid fifteen dollars into the treasury of the United States, and otherwise complied with the requirements of said statutes. S. C. looo Forms Relating to No. 920. Assignment of the entire or partial interest in invention. See forms Nos. 257, 258. No. 921. Application for patents for designs. To, etc., as in form No. 911. That your petitioner has invented or produced (a new de- sign or figure to be stamped or printed on fabrics, which when thus printed are called calicoes), which he verily believes has not been known prior to the production thereof by your petitioner. He therefore prays, etc. [concluding as in form No. 911, adding thereto after the (*) the words, for the term of (naming term elected by applicant)]. S. C. 1. See section 4929 of the Revised For three years and six months, ten Statutes of the United States as to dollars; for seven years, fifteen dol- this application and to what designs lars; for fourteen years, thirty dollars, it applies. By section 4931, id., these terms are By section 4934 of same statutes prescribed as the terms for which the following fees are required to be patents for designs may be granted, paid into the treasury on filing the as the applicant may, in his applica- original application in design cases : tion, elect. No. 922. Specifications fbr designs. As in form No. 912, to (*), and from thence as follows: or produced a new (design or figure to be printed on fabrics, which, when thus printed, are termed calicoes), and I do hereby declare that the following is a full and exact descrip- tion of the same : (Here follows a description of the design or figure with reference to the specimen, or to a drawing of it, in all cases which admit of representation by drawings.) The specification to conclude with declaring what the in- ventor or producer claims, to be expressed in terms which will give the character of the design, etc.^ I. See section 4929 of the Revised this specification, and see note i to Statutes of the United States, as to form No. 921. Patents. looi The commissioner may dispense which apply to obtaining or protect- with models of designs when the de- ing patents for inventions or discov- sign can be suiEciently represented eries not inconsistent with the pro- by drawings or photographs. (U. S. visions of title 60 of those statutes, R. S., § 4930.) are made applicable to patents for All the regulations and provisions designs. (Id., § 4933.) No. 923. Form of caveat. To the Commissioner of Patents : The petition of S. C, of C, in the county of H., and State of M., respectfully represents : That he has made cer- tain improvements in the mode of constructing the boilers of steam engines ; and that he is now engaged in making experiments for the purpose of perfecting the same, pre- paratory to his applying for letters patent therefor. He therefore prays that the subjoined description of his inven- tion may be filed as a caveat, in the confidential archives of the patent ofifice, agreeably to the provisions of the act of congress in the case made and provided ; he having paid ten dollars into the treasury of the United States, and otherwise complied with the requirements of the said act. C , , I -. S. C. (Here should follow a description of the general principles of the invention, so far as it has been completed.) No. 924. Oath of applicant for patent upon design. As in form No. 914, to (*), and from thence as follows : or producer of the (design for figures to be printed on fabrics, which, when thus printed, are termed calicoes) ; and that he does not know or believe that the same was ever be- fore known or used, and that he is a citizen of (the United States). A. B. (Official title.) 126 1002 Forms Relating to No. 925, Deposition on interference. In the matter of the interfer- ence of with , being duly sworn, says, in answer to interrogatories proposed to him by , counsel for , as follows, viz.: I. Interrogatory: What is your name, residence and oc- cupation ? I. Answer: My name is ; I am a , and reside at And in answer to cross interrogatories proposed to him by, etc., as follows, viz.: I. Cross interrogatory : (Stating it.) I. Answer: (Stating it.) (Signature of witness.) State of , County of . At the (city) of , in the said county, on this day of , I , personally appeared before me the above named , and made oath that the foregoing deposition, by him subscribed, contains the truth, the whole truth and nothing but the truth. The said deposition is taken at the request of , to be used upon the hearing of an interference between the claims of the said and those of , before the commissioner of patents of the United States, on the day of next. The said was duly notified as appears by the original notice hereto annexed, and attended by , his counsel.^ I. P. (Justice of the Peace). Indorsed : — I hereby certify that the depositions of, etc., relating to the matter of the interference between r and — -, were taken, sealed up and addressed to the commissioner of patents, by me. (Signature and title.) I. Whenever an application is made of the commissioner, would interfere for a patent which, in the opinion with any pending application, or Patents. 1003 with any unexpired patent, he shall less than twenty days, as the corn- give notice thereof to the applicants, missioner shall prescribe. (U. S. or applicant and patentee, as the case R. S., § 4904.) may be, and shall direct the primary The commissioner of patents may examiner to proceed to determine the establish rules for taking affidavits question of the priority of invention, and depositions required in cases And the commissioner may issue a pending in the patent office, and such patent to the party who is adjudged affidavits and depositions may be the prior inventor, unless the adverse taken before any officer authorized party appeals from the decision of by law to take depositions to be used the primary examiner, or of the in the courts of the United States, board of examiners in chief, as the or of the State where the officer re- case may be, within such time, not sides. (Id., § 4905.) No. 926. Amendmeiits to specification. I, , hereby amend my specification, filed , i , in the matter of my application for a patent upon (stating briefly) as follows : (Stating amendments by reference to line and page of specification.) A. B. Witnesses : CD. E.F, No. 927. Appeal to the examiners in chief To the Commissioner of Patents : In conformity with section of the Revised Statutes of the United States, I hereby make application for an appeal from the decision of the primary examiner in the matter of my appHcation for a patent for an improvement in (describe invention), rejected a second time on the day of , I , and request that the same may be heard by the examiner in chief.^ Respectfully, A. B. I. As to appeals by applicants for of the United States. As to appeal patents or their reissue, see sections in interference proceeding, see id., 4909-4914 of the Revised Statutes section 4904. 1004 Forms Relating to CHAPTER XXXIII. Forms Relating to Army and Navy Pensions. TITLE I. General Forms of Declarations. (U. S. R. S., §47140 No. 928. Declaration for original invalid pension. 929. Same for the increase of an invalid pension. 930. Same for original pension for a widow. 931. Same of a pensioned widow for increase of pension. 932. Same for pension of children under sixteen years of age. 933. Same of guardian for increase of pension to pensioned childrea 934. Same for original pension of a mother. 935. Same for original pension of a father. 936. Same for pension of dependent brothers and sisters. No. 928. Declaration for original invalid pension. 7-} ss.. State of County of On this day of , A. D. one thousand eight hun- dred and , personally appeared before me, , of the , a court of record within and for the county and State aforesaid, , aged years, a resident of the of . county of , State of , who, being duly sworn according to law, declares that he is the identical who was enrolled on the day of > I , in company , of the regiment of , com- manded by , and was honorably discharged at , on the day of , i ; that his personal description is as follows : Age, years ; height, feet inches ; complexion, ; hair, ; eyes, . That Pensions. 1005 while a member of the organization aforesaid, in the service and in the line of his duty, at , in the State of , on or about the day of , i , he (here state name or nature of disease, or the location of wound or injury. If disabled by disease, state fully its causes ; if by wound or injury the precise manner in which received.) That he was treated in hospital as follows : (here state the name or num- bers and the localities of all hospitals in which treated, and the dates of treatment.) That he has been employed in the military or naval service otherwise than as stated above (here state what the service was, whether prior or subsequent to that stated above, and the dates at which it began and ended). That since leaving the service this applicant has resided in the of , in the State of , and his occupation has been that of a . That prior to his entry into the service above named he was a man of good, sound physical health, being when enrolled a . That he is now disabled from obtaining his subsistence by manual labor, by reason of his injuries above described, received in the service of the United States ; and he there- fore makes this declaration for the purpose of being placed on the invalid-pension roll of the United States. He hereby appoints , of , State of , his true and lawful attorney to prosecute his claim. That he has received applied for a pension. That his post-office address is , county of , State of } (Claimant's signature.) Attest : Also personally appeared , residing at , and , residing at , persons whom I certify to be respectable and entitled to credit, and who, being by me duly sworn, say they were present and saw , the claimant, sign his name (or, make his mark) to the fore- going declaration ; that they have every reason to beheve, from the appearance of said claimant and their acquaintance ioo6 Forms Relating to with him, that he is the identical person he represents him- self to be, and that they have no interest in the prosecution of this claim. (Signatures of witnesses.) Sworn to and subscribed before me, this day of , A. D. I ; and I hereby certify that the contents of the above declaration, etc., were fully made known [L. S.] and explained to the applicant and witnesses before swearing, including the words erased, and the words added ; and that I have no interest, direct or indirect, in the prosecution of this claim. I. The provisions of the U. S. Re- vised Statutes on the subject of pen- sions are contained in title LVII of those statutes (§§ 4692-4791). As to declarations under those statutes, see § 4714, id. The pension laws in force prior to December, 1873, were revised and consolidated by title LVII, above mentioned. In title I of this chapter are given the forms of pension declarations required in the case of applications by soldiers and sailors and their relatives, other (Signature.) (Ofificial character.) than soldiers and sailors of the war of 1812, of the Mexican war, and under the act of June 27, 1890. In the remaining titles of this chapter are given the pension declarations of the three last mentioned classes. Under section 4748 of U. S. Re- vised Statutes, forms and instruc- tions were prepared and published by the commissioner of pensions, with which the forms contained in this chapter correspond.' No. 929. Declaration for the increase of an invalid pension. State of — County of On this — dred and — ss.. day of , A. D. one thousand eight hun- -, personally appeared before me, , the same being a court of record within and for the county and State aforesaid, , aged years, a Pensions. 1007 tesident of , county of , State of , who, being duly sworn according to law, declares that he is a pensioner of the United States, duly enrolled at the pension agency, at the rate of dollars per month, by reason of disability incurred in the service of the United States while ;^ that his present physical condition is such that he believes himself entitled to receive an increased pension ; and that he herewith returns his present pension certificate. He further declares that he is disabled in the following manner, to wit : f that he appoints his true and lawful attorney to prosecute his claim ; that his resi- dence is No. , in street, of , county of and State of ; and his post-office address is . (Claimant's signature.) Attest : Also personally appeared, etc. (as in form No. 928). (Signatures of witnesses.) Sworn to and subscribed before me, this, etc. (as in form No. 928.) [L.S.J . (Signature.) (Official character.) 1. Company and regiment, if in which pension was originally al- the amy; and vessel, etc., if in the lowed; how far incapacitated for ^^^- manual labor, or dependent upon 2. Set forth extent of present dis- the personal aid or attendance of ability as sequence of disability for others. No. 930. Declaration for original pension for a widow State of County On this day of , A. D. one thousand hun- dred and , personally appeared before me, iF , I ioo8 Forms Relating to , the same being a court of record within and for the county and State aforesaid, , aged years, who, being sworn according to law, makes the following declara- tion, in order to obtain the pension provided by acts of congress granting pensions to widows: That she is the widow of , who under the name of , at , on the war of , day of — who ?• on the A. D. I- in day of ,' in the , A. D. I , who bore at the time of his death the rank of , in f that she was married under the name of , to said , on the day of , A. D. i , by , at , there being no legal barrier to such mar- riage ; that neither she nor her husband had been previously married ;* that she has to the present date remained his widow ; that the following are the names and dates of birth of all his legitimate children yet surviving who were under sixteen years of age at the father's death, to wit : HIS BY HERSELF.6 , born — , born — , born — , born — , born — , born — HIS BYA FORMER MARRIAGE. , born , I — , born , I — , born , I — -, born , I- -, born ■ , I- -, born , I- That she had not abandoned the support of any of his chil- dren, but that they are still under her care or maintenance f that she has not in any manner been engaged in, or aided or abetted, the rebellion in the United States ; that prior application has been filed ;^ that she hereby appoints her attorney to prosecute her claim ; that her residence is No. street, , and that her post- office address is . (Claimant's signature^ Attest : Pensions. 1009 Also personally appeared , residing at No. , in street, in , and , residing at No. in street, in , persons whom I certify to be respect- able and entitled to credit, and who, being /by me duly sworn, say that they were present and saw , the claimant, sign her name (or, make her mark) to the foregoing declaration ; that they have every reason to believe, from the appearance of said claimant and their acquaintance with her, that she is the identical person she represents herself to be, and that they have no interest in the prosecution of this claim. (Signatures of witnesses.) Sworn to and subscribed before me, this of , A. D. I- — ; and I hereby certify that the contents of the above declaration, etc., were fully made known and [l, S.J explained to the applicant and witnesses before swear- ing, including the words erased, and the words ■ added ; and that I have no interest, direct or in- direct, in the prosecution of this claim. (Signature.) (Official character.) 1. State company and regiment, if married, so state, and give date of in army; or vessel and rank, if in death or divorce of former spouse, na^- 5. If the husband left no child or 2. State nature of wounds and all children by the applicant, or by a circumstances attending them, or the former wife, the fact should be disease and manner in which it was stated. incurred, in either case showing sol- 6. For such children as are not un- dier's death to have been the se- der her care claimant should account, quence. 7, If prior application has been 3. "In the service aforesaid," or filed, either by soldier or widow, so otherwise. state, giving number assigned to it. 4. If either have been previously 127 lOIO Forms Relating to No. 931. Declaration of a pensioned widow for increase of pension. State of County of On this dred and of . ) ss.: day of , A. D. one thousand - hun- -, personally appeared before me, , the same being a court of record within and for the county and State aforesaid, , a resident of , county, of , in the State of , aged years, who. being duly sworn according to law, makes the following declaration in order to obtain the pension provided by acts of congress increasing the pensions of widows : That she is the widow of , who was a * in in the war of ; that on account of his death she has been granted a pension of dollars per month, in accordance with a certificate numbered , bearing date , and which is herewith returned ; that she has not remarried since the death of her husband above named ; that the following are the names and dates of births of all his legitimate children yet surviving, and who were under sixteen years of age at the father's death, to wit : HIS BY HERSELF -— , born — -, born -, born -, born — -, born -, born — HIS BY A FORMER MARRIAGE. , born -= , , born — , born — , born — , born — , born — That she has not abandoned the support of any one of his children, but that they are still under her care or mainte- nance f that she hereby appoints her attorney to prosecute her claim ; that her residence is at No. , m Pensions. ioi i street, in the of , county of , State of ; and that her post-office address is . (Claimant's signature.) Attest : Also personally appeared, etc. (as in form No. 930). (Signatures of witnesses.) Sworn to and subscribed before me, this, etc. (as in form No. 930.) [L. S.] (Signature.) (Official character.) I. State company and regiment, if 2. For such children as are not in army; or vessel and rank, if in under her care claimant should navy. account. No. 932. Declaration for pension for children under sixteen years of age. —;]''"■ State of County of ■ On this day of , A. D. one thousand hun- dred and , personally appeared before me, , the same being a court of record within and for the county and State aforesaid, , a resident of , county of , in the State of , aged years, who, being duly sworn according to law, makes the following declaration, in order to obtain the pension provided by acts of congress for children under sixteen years of age : That is the only legal guardian of , legitimate chil- dren of , who, ,' under the name of , at , on the day of , A. D. i , ^ in the war of , who died = at , on the day of , A. D. I , and who bore at the time of his death the rank IOI2 Forms Relating to of , in ■* that he left widow surviving f that the above named are the only surviving legitimate chil- dren of said who were under sixteen years of age at the time of his death, of whom f that said chil- ■ dren were the issue of said soldier as follows, the dates of their birth being as hereinafter stated : , of soldier by , born , i — , of soldier by , born , i^ — , of soldier by , born , i — , of soldier by , born , i — , of soldier by , born , i — . of soldier by , born , i — , of soldier by , born , i — , of soldier by , born , i — , of soldier by , born , i — That the father was married under the name of , to ,' there being no legal barrier to such maif iage ; that the said children have not aided or abetted the rebellion ; and that prior application has been iiled ;' that declar- ant hereby appoints h — attorney to prosecute the above claim ; that h — residence is at No. street, in the of , county of , State of ; and that h— post-office address is (Claimant's signature.) Attest : Also personally appeared, etc. (as in form No. 928). (Signatures of witnesses.) Sworn to and subscribed before me, this, etc. (as in form No. 928). [L. S.J . (Signature.) (Oiificial character.) I. " Was enlisted," "drafted" or 2. State company and regiment, if otherwise, as the case may be. in army; or vessel, etc., if in navy. Pensions. 1013 3. State nature of wounds and all 6. If any have died, state date of circumstances attending them, or the death. disease and manner in which it was 7. State names of children and of incurred, in either case showing sol- their mothers, and dales of birth, dier's death to have been the se- 8. If more than once married, so quence, state, giving names and dates and 4. "In the service aforesaid," or parties officiating. otherwise. 9. If either soldier, widow or guar- 5. If widow survived, so state, giv- dian of children have previously ap- ing her name, and the date of her plied, so state, giving date and num- death or other facts divesting her ber of application. title. No. 933. Declaration of guardian for increase of pension to pensioned children. State of ■ :;! County of- On this day of , A. D. one thousand hun- dred and , personally appeared before me, , the same being a court of record within and for the State and county aforesaid, — , a resident of , county of , in the State of , aged years, who, being duly sworn according to law, makes the following dec- larafion in order to obtain the benefit of the provisions of acts of congress increasing the pension of orphans : That is the only legal guardian of , legitimate chil- dren of , who was ^ ; that on account of his death they have been granted pension in accordance with the certificate numbered , bearing date , and which is herewith returned ; and that the names and date of birth of all his legitimate children yet surviving, who were under sixteen years at the date of the father's death, are as follows : ■ , of soldier by , born , \ — , of soldier by , born , i — , of soldier by , born , i — ■ , of soldier by , born , i — , of soldier by , born , i — ■ ■ , of soldier by , born , i — , of soldier by , born , i — , of soldier by , born , i — ■ , of soldier by , born , i — IOI4 Forms Relating to That hereby appoints h — attorney to prose- cute the above claim, that h — residence is at No. , in street, in the of , county of , State of ; and that h — post-office address is . Attest : (Claimant's signature.) Also personally appeared, etc. (as in form No. 928). (Signatures of witnesses.) Sworn to and subscribed before me, this, etc. (as in form No. 928). [L. S.J (Signature.) (Official character.) I. State rank, company and regi- 2. State names of children and ment, if in army; or rank, vessel, their mothers, and dates of birth, etc., if in navy. No. 934. Declaration for an original pension of a mother. State of — County of - On this day of , A. D. one thousand hun- dred and , personally appeared before me, , the same being a court of record within and for the county and State aforesaid , a resident of , county of , in the State of , aged years, who, being duly sworn according to law, makes the following declaration, in order to obtain the pension provided by acts of congress granting pensions to dependent mothers : That she is the ^ of , and mother of , who ^ under the name of , at , on the day of , A. D. i , in — — ,' in the war of , who ^* on the day of , A. D. I ; thatt said son left neither widow nor Pensions. 1015 child under sixteen years of age surviving ; that she was 6 dependent upon said son for support ; that her husband, the aforesaid , aged years, f that there were surviving, at date of said son's death, his brothers and sisters, who were under sixteen years of age, as follows : , born , I . ' , born , I . , born , I . , born , I . That she has not heretofore received applied for a pen- sion f that she has not aided or abetted the rebellion ; that she hereby appoints her attorney to prosecute the above claim ; that her residence is at No. — , in street, in the of , county of , State of ; and that her post-office address is . Attest : (Claimant's signature.) Also personally appeared , etc. (as in form No. 930). — . (Signatures of witnesses.) Sworn to and subscribed before me, this, etc. (as in form No. 930). [L. S.J (Signature.) (Official character.) 1. "Wife" or "widow. 5. "Wholly" or "in part." 2. " Enlisted," " was drafted," etc. 6. If the husband is dead, so state, 3. State company and regiment, if giving date of death; also whether in the army ; and vessel, etc., if in applicant has remarried. If still the navy. living, his inability to support appli- 4- State nature of wounds and all cant should be accounted for. circumstances attending them, or the 7. If either she or the soldier has disease and manner in which it was previously applied, so state, giving incurred, in either case showing the number of claim. soldier's death to have been the se- quence ; also service and rank at time of death. ioi6 Forms Relating to No. 935. Beclaration for an original pension of a father. State of ' \ss.: County of- On this day of , A. D. one thousand hun- dred and , personally appeared before me, , the same being a court of record within and for the county and State aforesaid, , aged years, who, being duly sworn according to law, makes the following declara- tion, in order to obtain the pension provided by acts of con- gress granting pensions to dependent fathers : That he is the father of , who under the name of , at , on the day of , A. D. i , in ,' in the war of , who ^ on the day of , A. D. I , who bore at the time of his death the rank of in f that his son, , left neither widow nor child under sixteen years of age surviving ; that the declarant was married to the mother of said son at , on the of , A. D. I , by ; that he was ^ depend- ent upon said son for support ; that the mother of said son died at , on the day of , A. D. i ; that there were surviving, at the date of said son's death, his brothers and sisters, who were under sixteen years of age, as follows : , born , I . , born , I . , born , I . , born , I . That he has not heretofore received applied for a pension ; " that he has not aided or abetted the rebellion; that he hereby appoints his attorney to prosecute the above claim ; that his residence is at No. — , in street, in the of , county of , State of , and that his post-office address is . Attest : (Claimant's signature.) Pensions. 1017 Also personally appeared, etc. (as in form No. 928). (Signatures of witnesses.) Sworn to and subscribed before me, this, etc. (as in form No. 928). [L. S.] (Signature.) (Oilficial character.) 1. State company and regiment, if 3. State company and regiment, if in the army; and vessel, etc., if in in the army; and vessel, etc., if in the navy. the navy. 2. State nature of wounds and all 4. " Wholly" or " in part." circumstances attending them, or the 5. if either he, the mother, or the disease and manner in which it was soldier has previously applied, so incurred, in either case showing the state, giving number of claim. Soldier's death to have been the se- quence. No. 936. Declaration for pension of dependent brothers and sisters. State of , County of - On this day of , A. D. one thousand hundred and , personally appeared before me , the same being a court of record within and for the county and State aforesaid, , a resident of , county of , in the State of, , aged years, who, being duly ' sworn, according to law, makes the following declaration, in order to obtain the pension provided by acts of congress for dependent brothers and sisters : That is the only legal guardian of , brothers and sisters of , who ■ ^ under the name of , at , on the day of at , A. D. I ^ in the war of , who died ,' ^t , on the day of , A. D. i , and who bore at the time of his death the rank of in f that he left neither widow, minor child, nor ; ' that the above named are the only legitimate brothers and sisters, including those of the half blood, of the said deceased , 128 ioi8 Forms Relating to surviving, who were under sixteen years of age at the time of his death, and were dependent upon him, of whom ; * that said brothers and sisters were the issue of the parents of said soldier, as follows, the dates of their births being as herein stated : , child of ■ and , born , i 7 , child of and , born , i . , child of and , born , i . , child of and , born , i . , child of and , born , i . That the parents were married under the names of ,* there being no legal barrier to the marriage ; that none of said brothers and sisters have aided or abetted the rebellion ; that prior application has been filed ; ' that • hereby appoints h — attorney to prosecute the above claim ; that h — residence is at No. — , in street, in the of , county of , State of , and that h — post-ofifice address is . (Claimant's signature.) Attest : Also personally appeared, etc. (as in form No. 928). (Signatures of witnesses.) Sworn to and subscribed before me, this, etc. (as in form No. 928.) [L. S.] (Signature.) (Official character.) 1. " Was enlisted," " drafted," or incurred, in either case showing sol- otherwise as the case may be. dier's death to have been the se- 2. State company and regiment, if quence. in army; or vessel, etc., if in navy. 4. "In the service aforesaid," or 3." State nature of wounds and all otherwise, as may have been the case. circumstances attending them, or the 5. If mother or father survived the disease and manner in which it was soldier, and subsequently died, so Pensions. 1019 state, giving date of death; otherwise 8. Give names of parents and add, " mother nor father surviving " places and dates of marriages. 6. If any have died, state date of 9. If either soldier or his father or death. mother have previously applied, so 7. State names of children and of state, giving date and number of ap- both parents; also date of birth. plication. TITLE II. Forms of Declarations of Soldiers, etc., of War of 1812. No. 937. Declaration of soldier, etc., of war of 1812 for service pension. 938. Same of widow for service pension. No. 937- Declaration of soldier of war of 1812 for service pension. State of ■ -,f ss.. County of- On this day of , A. D. one thousand hun- dred and , personally appeared before me,. , the same being a court of record within and for the county and State aforesaid, ,' aged years, a resident of , in the county of , in the State of , who, being duly sworn according to law, declares that he is the identical ^ who served under the name of ,^ as a ,^ in the company commanded by Captain , in the regiment of , commanded by , in the war of 181 2 ; that he * at , on or about the day of , A. D. I , for the term of , and continued in actual ser- vice in said war for the term of ,^ and was honorably dis- charged at , on the day of , A. D. i ; that since his discharge from said service he has resided as fol- lows, viz.: J The following was his description at the time of his enlistment, viz.: ? He makes this declaration for the purpose of obtaining the pension to which he may be entitled under sections 4736 to 4740, inclusive, Re- vised Statutes, and the act approved March 9, 1878, and hereby appoints , of, , his lawful attorn—, to prosecute his claim. He also declares that he has heretofore I020 Forms Relating to made application for ^, and that his residence is No. street, city (or, town) of , county of , and State of , and that his post-office address is . Attest : (Signature of claimant.) Also personally appeared , aged years, re- siding at No. street, in , and , aged years, residing at No. street, in , persons whom I certify to be respectable and entitled to credit, and who, being by me duly sworn, say that they have known the said for years and years respectively; that they were present and saw him sign his name (or, make his mark) to the foregoing declaration; that they have every reason to beheve, from the appearance of said claimant and their acquaintance with him, that he is the identical person he represents himself to be; and that they further say that they are able to identify him as the identical person who ren- dered the service alleged in the above application (in the company of Captain , in the regiment of — , in the war of ) by the following named facts and circum- stances, viz.: ;'" and that they have no interest in the prosecution of this claim. (Signatures of witnesses.) Sworn to and subscribed before me, this etc. (as in form No. 928.) , [L. S.J . (Official character.) 1. Here allege full name of the 4. Here allege the rank under claimant. which the service was rendered. 2. Here allege the name of the 5. Here state " enlisted," " volun- claimant again. teered," or "was drafted," as the 3. Here allege the exact name case may be. under which the service was ren- 6. Here allege the number of days dered. or months of service rendered by the Pensions. I02I claimant; fourteen days being the shortest period for which service pen- sion is by law allowed, unless the claimant was actually engaged in a battle. If the claim is made for bat- tle service, the blank should be so varied as to allege such service in ad- dition to the allegation of term of service. 7. Here state all the places of residence; if in a city, giving the street and number, and from and to what dates he resided at each place. 8. Here let a full description fol- low, giving age, occupation, birth- place, height, color of hair, eyes and complexion, and any other particu- lars as to description. 9. If any application for bounty land or pension has previously been made, state the facts here, giving the date and number, if possible, and designating whether it was a claim for bounty land or pension, and whether a warrant for the land or a certificate for the pension was ever issued, 10. Here name all the facts and circumstances which enable the wit- nesses to swear that (hey know the applicant to be the identical person who rendered the service alleged. If the applicant was a regimental or stafFofficer, or served in the navy, the declaration must be varied ac- cording to the facts of the case. If the claimant was discharged in consequence of disability incurred by the service, or if he was in captivity with the enemy, he must vary his declaration so as to set forth the facts of the case. All services rendered by the sol- dier in the war for which claim is made, or in any other war, with the names of officers in each service, must be given in the application. If the service was rendered as a substitute, the name of the principal for whom the substitute served should be stated. No. 938. Beelaration of widow of soldier of war of 1812 for service pension. State of — County of On this — dred and — -,! ss.. day of , A. D. one thousand - ■ , personally appeared before me, hun- , the same being a court of record within and for the county and State aforesaid, ,' aged years, a resident of , in the State of , who, being duly sworn according to law, declares that she is the widow of ^ deceased, who was the identical ^ who served under the name of * as a commanded by Captain — , commanded by — ^ her said husband « at -^ in the company , in the regiment of — , in the war of 1812 ; that on or about the day of I022 Forms Relating to , A. D. I , for the term of , and continued in actual service in said war for the term of ,' and whose services terminated by reason of ,' at , on the day of '-, A. D. i . She further states that the follow- ing is a full description of her said husband at the time of his enlistment, viz. : .' She further states that she was married to the said , at the city (or, town) of , in the county of , and in the State of , on the day of , A. D. i , by one ,'" who was a ," and that her name before her said marriage was ; and she further states that ,'^ and that her said husband ," died at , in the State of , on the day of , A. D. i , and that she has not again married ; and she further declares that the fol- lowing have been the places of residence of herself and her said husband since the date of his discharge from the army, viz. : ." She makes this declaration for the pur- pose of obtaining the pension to which she may be entitled under sections 4736 to 4740, inclusive, Revised Statutes, and the act of March 9, 1878, and hereby appoints , of ■ , her true and lawful attorney to prosecute her claim ; and she further declares that she has heretofore made application for ," and that her residence is No. , street, city (or, town) of , county of , State of . and that her post-office address is . (Signature of the claimant.) Attest : Also personally appeared , aged years, re- siding at No. — , street, in , and , aged years, residing at No. — , street, in , persons whom I certify to be respectable and entitled to credit, and who, being by me duly sworn, say that they have known the said for years and years, respectively ; that they were present and saw her sign her name (or, make her mark) to the foregoing declaration; that they have Pensions. 1023 every reason to believe, from the appearance of said claimant and their acquaintance with her, that she is the identical person she represents herself to be ; and they further say that they are able to identify her as the person who was the wife of the identical ,"' who rendered the service alleged in the above application (in the company of Captain ; — , in the regiment of , in the war of ) by the following named facts and circumstances, viz. : ^^ and that they have no interest in the prosecution of this claim. (Signatures of witnesses.) Sworn to and subscribed before me, this, etc. (as in form No. 930.) [L. S.J volun- as the 1. Here allege full name of appli- cant. 2. Here allege full name of soldier. 3. Here allege again the name of soldier. 4. Here allege the name under which the soldier served. 5. Here allege the rank under which the soldier served. 6. Here state "enlisted," teered," or "was drafted,' case may be. 7. Here state the number of days or months of service rendered by the soldier; fourteen days being the sTiortest period for which service pen- sion is by law allowed, unless the soldier was actually engaged in a battle. If the claim is made for bat- tle service, the blank should be so varied as to allege such service, in addition to the allegation of term of service. 8- Here insert the words " an honorable discharge,'' or "death," as the case may be. (Official character.) 9. Here let a full description of soldier follow, giving age, occupa- tion, birthplace, height, color of hair, eyes and complexion, and any other particulars as to description. 10. Here allege the name of the person who performed the marriage ceremony. 11. Here state the official character of the person who performed the ceremony; i. e., whether a minister of the gospel, or a justice of the peace, etc. 12. Here state whether the claim- ant or her husband (the soldier) had been previously married; and if either had, the name of the former husband or wife should be stated; and the date and place of the death of, or divorce from, the former con- sort should be alleged. 13. Here insert the name of the husband on account of whose service and death the claim is made. 14. Here state all the places of residence; if in a city, giving the 1024 Forms Relating to street and number; and from and to circumstances which enable the wit-r what dates he resided at each place, nesses to swear, from a personal 15. If any application for bounty knowledge, that the claimant is the land or pension has- previously been widow of the identical person who made, state the fact here, giving the rendered the service alleged in the date and number, if possible, and the claim. act of congress under which the All services rendered by the sol- claim was made, and designating dier in the war for which claim is whether it was a claim for bounty made, or in any other war, with the land or pension, and whether a war- names of officers in each service, rant for the land or certificate for the must be given in the application, pension was ever issued. If the service was rendered as a 16. Here insert the name of the substitute, the name of the princi- soldier. pal for whom the substitute served 17. Here name all the facts and should be given. TITLE III. Forms of Declarations in Case of Mexican War Pensions. (Act of Congress of January 29, 1887.) No. 939. Declaration of survivor of Mexican war. 940. Affidavit of witness to accompany such declaration. 941. Affidavit of claimant's infirmity to accompany such declaration. 942. Declaration of widow of soldier of Mexican war. 943. Affidavit of witness, widow's pension. No. 939. Declaration of survivor of Mexican war for pension. State of — County of ss.: On this day of , A. D. one thousand hun- dred and , personally appeared before me, , a resident of , in the county of , in the State of , who, being by me first duly sworn according to law, deposes and says : I am the identical , who served under the name of — — , as a in the company commanded by Cap- tain , in the regiment of (if in naval ser- vice, name vessel, etc.), commanded by , in the war Pensions. 1025 with Mexico ; that I enlisted at , on or about the Jay of , A. D. I , for the term of , and was honor- ably discharged at , on the day of , A. D. i . First group of facts which will entitle to pension. That being duly enlisted, as aforesaid, I actually served sixty days with the army or navy of the United States in Mexico, or on the coast or frontier thereof, or en route thereto, in the war with that nation, which service was as follows : (a) That I am years of age, having been born at , on the day of , i . (or, b) That I am dependent on others tjian those legally bound for my support for my livelihood ; that I have been so dependent since , and that the upon who'm I am dependent is , of , who has afforded me the follow- ing support : (Here describe what has been done for your support.) (or, c) That I am disabled by reason of , which said disability was not incurred while in any manner voluntarily engaged in aiding or abetting the late rebellion against the authority of the United States, but that said disability was incurred at , on or about the day of , A. D. I , in manner as follow? : . Second group of facts which will entitle to pension. That being so actually enlisted as aforesaid (a) That I am years of age, having been born at , on the day of ■, A. D. i . (or, V) I was actually engaged in battle with the enemy in the war with Mexico, to wit : In the battle of , on the day of , I . (or, f) That I am dependent on others than those legally bound for my support for my livelihood ; that I have been so dependent since , and that the upon whom I am dependent is , of , who has afforded me the following support : (Here describe what has been done for your sup- port.) 129 1026 Fhrms Relating to (or, d) That I am disabled by reason of , which said disability was not incurred while in any manner voluntarily engaged in aiding or abetting the late rebellion against the authority of the United States, but that said disability was incurred at , on or about the day of , i , in manner as follows : . Third group of facts which will entitle to pension-. I was personally named in a resolution of congress for a specific service in said war, to wit : In the resolution of the day of , I . {a) That I am years of age, having been born at on the day of -, i- (or, 3) That I am dependent on others than those legally bound for my support for my livelihood ; that I have been so dependent since , and that the r- upon whom I am dependent is of , who has afforded me the follow- ing support : (Here describe what has been done for your support.) (or, c) That I am disabled by reason of , which said disability was not incurred while in any manner voluntarily engaged in aiding or abetting the late rebellion against the authority of the United States, but that said disability was incurred at , on or about the day of , i , in manner as follows : . That I am — — married ; that the maiden name of my wife was ■ , to whom I was married at , in the State of , on the day of , A. D. i ; that my wife is now , having died on the day of , A. D. I , at — — , in the State of ; that I have since remarried ; that the name of my present wife is . That in support and proof of my right to pension I tender herewith, under the regulations prescribed by the secretary of the interior, the following evidence : and the affidavits of . That I have heretofore made application for pension or bounty land, which said claim is No. — . That I am a pensioner of the United States under certificate No. — , at the rate of dollars per month; that Pensions. 1027 since my discharge from said service I have resided as fol- lows, to wit : ; that I am not laboring under any- political disabilities imposed by the fourteenth amendment to the Constitution of the United States. Witnesses: (Claimant sign here.) ss.. State of , County of — Before me, , a clerk of a court of record, on this day of ^ , A. D. i— — , personally appeared , known to me as the person described in, and who signed and executed the foregoing declaration for pension, and whom I certify to be a credible person and of good repute for truth and veracity in the community in which he lives, who, being by me first duly sworn, deposes and says, that he has read (if claimant cannot read, read to him and so state in acknowl- edgment) the foregoing declaration, arid knows the contents thereof, and that all of the facts therein stated are true. [L. S.] State of No. 940. A£B.davit of witness. ss.. County of — Before me, a in and for the county of , on this day of , A. D. i , personally appeared , who, being by me first duly sworn, deposes and says : I have known for the space of years, and I was requested by said to sign my name as a wit- ness to the declaration for pension under the act of January 29, 1887, sworn to by him on the day of , A. D. ^ ) and that at his request I so signed my name as witness; that the said is the identical person who signed the foregoing declaration, and who is therein described, and who was enlisted in the company of Captain 1028 Forms Relating to in the regiment commanded by , in the Mexican war, as in the said declaration set out. No. I. That said actually served sixty days with the army or navy of the United States in Mexico, or on the coast or frontier, or en route thereto in the war with that nation ; that I swear to these facts from knowledge obtained as follows : . No. 2. That the said was actually engaged in a battle in said war, to wit : in the battle of , at , on the day of , A. D. i , and was honorably dis- charged, and these facts I swear to from knowledge obtained as follows : . No. 3. That the said is disabled by reason of , which said disability was not incurred while the said ■ was in any manner voluntarily engaged in, or aiding or abetting the late rebellion against the authority of the United States, but was incurred on or about the day of , A. D. I , at , and this fact I swear to from knowl- edge obtained as follows : . No. 4. That the said is dependent in whole or in part for his support, and is' incapacitated from the perform- ance of manual labor, and I swear to the fact of dependence from knowledge obtained from and based upon the follow- ing facts : . No. 5. That the said is sixty-two years of age, having been born on or about the — day of , A. D. I , at , in the State of , and that I swear to these facts from knowledge obtained as follows : -. That I have no interest in the prosecution of this claim.^ Subscribed and sworn to before me, this day of r A. D. I . And I hereby certify the person who signed and executed the foregoing affidavit to be a credible person, and of good repute for truth and veracity in the community in which — he lives, and that the contents of the above were fully made known to h — before signing. [SEAL.] 3ZII '. 1. The witness should strike out which he does not personally know all the allegations of this affidavit to be true. Pensions. 1029 No. 941. Affidavit of claimant's inflrmity, etc., to accompany forms Nos. 939, 942. State of • , , ^^ , County of — Before me, , a , an officer duly author- ized to administer oaths for general purposes under the laws of the State of , personally appeared , who being by me first duly sworn according to law, on this day of , A. D. i , makes oath as follows : I am an applicant for pension as of the Mexican war, under the provisions of the act of January 29, 1887, and being by reason of the infirmity of age unable to travel, the nearest court of record, or residence of any person having the custody of its seal, being miles from my place of residence, I am unable to travel that distance, and therefore swear to my declaration before , a , an officer duly authorized to administer oaths for general pur- poses under the laws of the State of . Sworn to and subscribed before me, on this the ■ day of , A. D. I . [SEAL.] . ss.. State of , County of — I certify that , before whom the acknpwledgment of the foregoing afiSdavit was taken, is a duly qualified and acting , under the laws of the State of , in and for the county of — — , and that I am the officer under the laws of the State of authorized to certify to his official character. I030 Forms Relating to No. 942. Declaration of widow of soldier in Mexican war for pension. State of — County of On this day of , A. D. i , personally appeared before me, clerk of , the same being a court of record in the State of , a resident of , in the county of , in the State of , who being by me first duly sworn according to law, deposes and says : I am the widow of , who served under the name of , as a in the company commanded by Cap- tain , in the ■ regiment of (if in naval ser- vice, name of vessel, etc.), commanded by , in the war with Mexico ; that my said husband enlisted at , on or about the day of , A. D. i , for the term of ; that I was married under my name of , to my said husband, by , on or about the day of , A. D. I , at , in the State of , and lived with my said husband from the date of my said marriage until the day of his death, to wit, the day of , A. D. I , when my said husband died at , in the State of , and that I have not since remarried ; that there never was any legal impediment to said marriage. No. I. That my said husband, being duly enlisted as afore- said, actually served sixty days with the army and navy of the United States in Mexico, or on the coast or frontier thereof, or en route thereto, in the war with that nation, which service was as follows : , and was honorably discharged at , on the day of , A. D. i . No. 2. That my said husband was actually engaged in a battle in said war, to wit, in the battle of , at , on the day of , A. D. i , and was honorably dis- charged at on the day of , A. D. i . No. 3. That my said husband was personally named in a resolution of congress for a specific service in said war, to wit, in the resolution of the day of , A. D. i -, and was honorably discharged at on the day of > A. D. I . Pensions. 103 i No. 4. That I am years of age, and that I was born on or about the day of , A. D. i , at , in the State of . No. 5. That I am disabled by reason of , and the said disability was not incurred while I was in any manner voluntarily engaged in, or aiding or abetting the late rebel- lion against the authority of the United States. No. 6. That I claim pension by reason of the fact that I am dependent in whole or in part for my support upon ■ , not legally b^und for my support, and that such de- pendence as alleged consists in this, to wit : . That I have heretofore made application for pension or bounty land, which said claim is numbered . That I am a pensioner of the United States as under certificate No. — , at the rate of dollars per month. That in support and proof of my right to pension, I ten- der herewith, under the regulations prescribed by the secre- tary of the interior, the following evidence : , and the affidavits of . That since the death of my said husband I have resided at the following places, to wit : . That I am not la- boring under any political disabilities imposed by the four- teenth amendment to the Constitution of the United States. Witnesses : (^Claimant's signature.) State of County of - -J ss.: Before me, , a clerk of a court of record, on this day of , A. D. i , personally appeared , known to me as the person described in, and who executed and signed, the foregoing declaration for pension as widow of , and whom I certify to be a credible person and of good report for truth and veracity in the community in which she lives, who being by me first duly sworn, deposes and says that she has read (if claimant cannot read, read to her and 1032 Forms Relating to so state in acknowledgment) the foregoing declaration, and knows the contents thereof, and that all of the facts therein stated are true. [L- S.] No. 943. Affidavit of witness. (Widow's pension.) State of County of — ss.. Before me, a in and for the county of , on this day of , A. D. i , personally appeared , who, being by me first duly sworn, deposes and says : I have known for the space of years, and I was requested by said to sign my name as a wit- ness to the declaration for pension under the act of January 29, 1887, sworn to by her on the day of , A. D- I ; and that at her request I so signed my name as wit- ness ; that the said is the identical person who signed the foregoing declaration, and who is therein de- scribed as the widow of — , who enlisted in the com- pany of Captain (if in the naval service, give name of vessel), in the regimeqt commanded by , in the Mexican war, as in the said declaration set out ; that the said was married to the said under" the name of , by , on or about the day of , A. D. I , at , in the State of , and lived with her said husband from the date of her said marriage until the date of his death, to wit : the day of , A. D. i , when the said , husband of said , died at , in the State of , and that there was at no time any legal impediment to the said marriage, and that the said has not since remarried ; that the said , husband of said ■ , claiming as widow, had been previously married ; that said , now claiming as widow, had been previously married ; and these facts I swear to from knowledge obtained as follows : • No. I . That the said , husband of said , actually served sixty days with the army or navy of the Pensions. 1033 United States in Mexico, or on the coast or frontier, or en route thereto, in the war with that nation ; that I swear to these facts from knowledge obtained as follows : . No. 2. That the said , husband of said , was actually engaged in a battle in said war, to wit : in the battle of — , at , on the day of , A. D. I , and was honorably discharged, and these facts I swear to from knowledge obtained as follows : . No. 3. That the said is disabled by reason of which said disability was not incurred while the said was in any manner voluntarily engaged in, or aiding or abetting the late rebellion against the authority of the United States, but was incurred on or about the day of , A. D. i , at , and this fact I swear to from knowledge obtained as follows : . No. 4. That the said is dependent in whole or in part for her support, and I swear to the fact of dependence from knowledge obtained from and based upon the fol- lowing facts : . No. 5. That the said is sixty-two years of age, having been born on or about the day of , A. D. 1 , at , in the State of , and that I swear to these facts from knowledge obtained as follows : . That I have no interest in the prosecution of this claim.' Subscribed and sworn to before me, this, etc. (as in form No. 940). , [SEAL.] . I. The witness should strike out which he does not personally know all the allegations of this affidavit to be true. 130 1034 Forms Relating to TITLE IV. Forms Under Act of Congress of June 27, i8ga No. 944. Declaration for invalid's pension, under act of iSgo. 945. Same for widow's pension. 946. Same for children under sixteen years of age. 947. Same for dependent mother's pension. 948. Same for dependent father's pension. Q4Q. Same for soldier's children who are permanently helplei No. 94.. Baclaration for iuTalid pension. State of ■ County of- ss.: On this day of , A. D. one thousand hun- dred and ninety , personally appeared before me, a within and for the county and State aforesaid, , aged years, a resident of the of , county of , State of , who being duly sworn according to law,, declares that he is the identical who was enrolled on the day of , i , in (here state rank, company, and regiment in military service, or vessel if in the navy), in the service of the United States, in the war of the rebellion, and served at least ninety days, and was honorably discharged at , on the day of , i . That he is unable to earn a support by manual labor by rea- son of . (Here name the disease or injuries from which disabled.) That said disabilities are not due to his vicious habits, and are to the best of his knowledge and belief of a permanent character. That he has applied for pension under application No. — . That he is a pensioner under certi- ficate No. — . (If a pensioner, the certificate number only need be given ; if not, give the number of the former application, if one was made.) That he has been employed in the mili- tary or naval service otherwise than as stated above. That Pensions. 1035 he makes this declaration for the purpose of being placed on the pension roll of the United States, under the provisions of the act of June 27, i8go. He hereby appoints , of , State of , his true and lawful attorney to prose- cute his claim and receive a fee of $ . That his post- ofifice address is , county of , State of .] (Claimant's signature.) Attest : (I) . (2) . Also personally appeared , residing at , and residing at , persons whom I certify to be re- spectable and entitled to credit, and who, being by me duly sworn, say they were present and saw , the claim- ant, sign his name (or, make his mark) to the foregoing declaration ; that they have every reason to believe from the appearance of said claimant and their acquaintance with him for years and years, respectively, that he is the identical person he represents himself to be ; and that they have no interest in the prosecution of this claim.^ (I) . (2) . (Signatures of witnesses.) Sworn to and subscribed before me, this, etc. (as in form No, 928.) [L. S.J (Signature.) (Official character.) 1036 Forms Relating to (Indorsed ): — Soldier's Application. Name- Service- Address- Attorney. Address- Date of execution. I. The act of June 27, 1890, re- quires, in case of a soldier: (i) An honorable discharge (but the certificate need not be filed un- less called for). (2) A minimum service of ninety days. (3) A mental or physical disabilitj' of a permanent character not due to vicious habits. (It need not have originated in the service.) (4) The rates under the act are graded from $6 to $12, proportioned to the degree of inability to earn a support, and are not aflFected by the rank held. (5) A pensioner under prior laws may apply under this one, or a pen- sioner under this one may apply un- der other laws, but he cannot draw more than one pension for the same period. 2. To be executed before any offi- cer authorized to administer oaths for general purposes in the State, city or county where said officer re- sides. If such officer has a seal and uses it upon such paper, no certi- ficate of a county clerk or prothono- tary or clerk of a court shall be necessary; but when no seal is used by the officer before whom the dec- laration is executed, then, a clerk of a court of record or a county or city clerk shall affix his official seal thereto, and shall certify to the sig- nature and official character of said officei; Pensions. 1037 No. 945. Declaration for widow's pension, same act. State of , ) ^^ . County of > i On this day of , A. D. one thousand eight hun- dred and ninety , personally appeared before me, a , of the , within and for the county and State aforesaid, , aged years, a resident of the of , county of , State of , who, being duly sworn according to law, declares that she is the widow of , who enlisted under the name of , at on the day of , A. D. i , in . (here state rank, company and regiment, if in military service, or vessel, if in navy), and served at least ninety days in the late war of the rebellion, in the service of the United States, who was honorably discharged and died . (The cause of death need not be stated.) That she was married under the name of to said — , on the day of , i , by , at , there being no legal barrier to said marriage . (If there was a former marriage of claimant or her husband, state it here and how dissolved.) That she has not remarried since the death of the said . (Name of soldier or sailor.) That she is without other means of support than her daily labor ; that the names and dates of birth of all the children now living under sixteen years of age of the (soldier) are as follows : , born , I . , born , i . , born , I . , born -, I . , born , I . , born , i . That she has heretofore applied for pension, and the num- ber of her former application is ■. (Be careful to fill this part of the blank correctly.) 1038 Forms Relating to That her husband has been employed rn the mihtary or naval service otherwise than as stated above. That she makes this declaration for the purpose of being placed on the pension roll of the United States under the provisions of the act of June 27, 1890. She hereby appoints , of , State of , her true and lawful attorney to prosecute her claim and receive a fee of $ ; that her post-ofifice address' is , county of , State of .'■ (Claimant's signature.) Attest : (I) . (2) . Also personally appeared , residing* at , and residing at , persons whom I certify to be respectable and entitled to credit, and who, being by me duly sworn, say they were present and saw , claim- ant, sign her name (or, make her mark) to the foregoing declaration ; that they have every reason to believe from the appearance of said claimant and an acquaintance with her of years and years, respectively, that she is the identical person she represents herself to be, and that they have no interest in the prosecution of this claim. (I) . (2) ■ . (Signatures of witnesses.) Sworn to and subscribed before me, this, etc. (as in form No. 930).^ (Signature.) (Official character.) Pensions. 1039 (Indorsed) : — Claimant- Soldier- Service. Widow's Application. Address : Attorney- Address I. The act of June 27, 1890, re- quires, in widow's case : (i) That the soldier served at least ninety days in the war of the rebellion and was honorably discharged. (2) Pjroof of soldier's death (death cause need not have been due to army service). (3) That widow is " without other means of support than her daily labor."' (4) That widow was married to sol- dier prior to June 27, 1890, date of the act. (5) That all pensions under this act commence from date of receipt of application in pension bureau. 2. To be executed before any offi- cer authorized to administer oaths for general purposes in the State, city or county where said officer resides. If such officer has a seal and uses it upon such paper, no certificate of a county clerk or prothonotary or clerk of a court shall be necessary; but when no seal is used by the officer before whom the declaration is exe- cuted, then a clerk of a court of record or a county or city clerk shall affix his official seal thereto, and shall certify to the signature and official character of said officer. No. 946. Declaration for children under sixteen years of age. 1.1 ss.: State of — County of- On this day of , A. D., one thousand eight hun- dred and ninety , personally appeared before me, a 1040 Forms Relating to of the , in and for the county and State aforesaid, , aged years, who, being duly sworn according to law, makes the following declaration in order to obtain the pension provided by act of congress approved June 27, 1890: That is the legal guardian of , legitimate child of , who enlisted under the name of , at , on the day of , i , in (here state rank, company, and regiment, if in the military service, or vessel, if in navy), and served at least ninety days in the war of the rebellion in the service of the United States, who was honorably discharged , and died . That he left. widow surviving him. (Here state date of death or of re- marriage.) That the names and dates of birth of all the surviving children of the soldier under sixteen years of age are as follows : , born , I . , born , r .^ -, born , I . , born , i- -, born , I . , born , i- That the mother was married under the name of ■ to , there being no legal barrier to such marriage. That the soldier has been employed in the military or naval service otherwise than as stated above . That the declarant hereby appoints , of , State of , true and lawful attorney to prosecute this claim, and receive a fee of $ . That post-ofHce address is , county of , State of } Attest : (0- (2)- (Claimant's signature.) Also personally appeared , residing at , and -, residing at , persons whom I certify to be respectable and entitled to credit, and who, being duly sworn, say that they were present and saw , the claimant, sign name (or, make mark) to the fore- going declaration ; that they have every reason to beheve, from the appearance of said claimant and their acquaintance Pensions. 1041 ^jth for years and years, respectively, that is the identical person represents to be ; and that they have no interest in the prosecution of this claim. (I) • (2) — . (Signatures of witnesses.) Sworn to and subscribed before me, this, etc. (as in form No. 930.)' (Signature.) (Official character.) (Indorsed):- Guardian. Minor Child's Application. Claimants- Soldier_ Service- Attorney- Address 1. The act of June 27, 1890, re- quires that in minor children's cases — (i) That the soldier served at least ninety days in the war of the rebel- lion and was honorably discharged. (2) Proof of soldier's death (cause need not have been due to army ser- vice), his marriage to mother, and proof of her death or divestment of title. 2. To be executed before any offi- ' cer authorized to administer oaths for general purposes in the State, 131 city, or county where said officer re- sides. If such officer has a seal and uses it upon such paper, no certifi- cate of a county clerk or prothono- tary or clerk of a court shall be necessary; but when no seal is used by the officer before whom the declara- tion is executed, then a clerk of a court of record or a county or city clerk shall affix his official seal thereto, and shall certify to the signa- ture and official character of said officer. 1042 Forms Relating to No. 947. Declaration for dependent mother's pension. State of , ) ^^ , County of , i On this day of , one thousand eight hundred and ninety , personally appeared before me, a , of the , in and for the county and State aforesaid, , aged years, a resident of , county of , State of , who, being duly sworn according to law, declares that she is the mother of , who enlisted under the name of , at , on the day of , i , in (here state rank, company, and regiment, if in military service, or vessel, if in navy) in the service of the United States, who died at , on the day of , I , from the effects of , incurred at , on the ■ day of , I . That said son left neither a widow, nor child under sixteen years of age, surviving. That she is without o'Ca&c present means of support than her own manual labor or the contributions of others not legally bound for her support. That she has applied for a pension ; the number of her application is . That she makes this declaration for the purpose of being placed on the pen- sion roll of the United States under the provisions of the act of June 27, 1890. That the (soldier) has been employed in the military or naval service otherwise than as stated above. She hereby appoints , of , State of , her true and lawful attorney to prosecute her claim, and re- ceive a fee of % . That her post-office address is , county of , State of } (Claimant's signature.) Attest : (I) . (2) . Also personally appeared ^ — , residing at , and , residing at , persons whom I certify to be re- Pensions. 1043 spectable and entitled to credit, and who, being duly sworn, say that they were present and saw , the claimant, sign her name (or, make her mark) to the foregoing declara- tion ; that they have every reason to believe,' from the ap- pearance of said claimant and an acquaintance with her of years and years, respectively, that she is the identical person she represents herself to be ; and that they have no interest in the prosecution of this claim.-^ (Signatures of witnesses.) Sworn to and subscribed before me this etc. (as in form No. 930.)' • (Signature.) (Official character.) (Indorsed) : — Dependent Mother's Application. Claimant. Soldier Service- Address ; Attorney- Address — I. The act of June 27, i8go, re- present laws, would have given him a quires incase of dependent mother : pension. (i) That soldier died of a. wound, (2) That he left no wife or minor injury or disease, which, under child. I044 Forms Relating to (3) That the mother is at present cer authorized to administer oaths for dependent on her own manual labor, general purposes in the State, city, or the contributions of others not or county where said officer resides, legally bound for her support. If such officer has a seal and uses it (4) All pensions under this act upon such paper, no certificate of a commence from the date of the re- county clerk or prothonotaiy or clerk ceipt of the application in the pen- of a court shall be necessary; but sion bureau. when no seal is used by the officer (5) The benefits of the first section before whom the declaration is exe- of the act of June 27, 1890, are not cuted, then a clerk of a court of confined to the parents of those who record or a county or city clerk shall served in the war of the rebellion, affix his official seal thereto, and shall but extend to cases arising since the certify to the signature and official termination of said war. character oi said officer. 2. To be executed before any offi- No. 948. Declaration for dependent father's pension. State of County of On this day of , one thousand eight hundred and ninety , personally appeared before me a , of the in and for the county and State aforesaid, , aged years, resident of the of , county of , State of , who, being duly sworn according to law, de- clares that he is the father of , who enlisted under the name of , at , on the day of , I , in (here state rank, company and regiment in military service, or vessel, if in navy), in the service of the United States, who died at , on the day of , I——, from the effects of incurred at , on the day of , I . That said son left neither widov/^, nor child under sixteen years of age, surviving. That declarant was married to the mother of said son on the day of , I , at , by , and that she died on the day of , I , at . That he is without other present means of support than his own manual labor, or the contributions of others not legally bound for his support. That he has applied for a pension, the number of his Pensions. 1045 application being . That he makes this declaration foi" the purpose of being placed on the pension roll of the United States, under the provisions of the act of June 27, 1890. That the soldier has been employed in the military or naval service otherwise than as stated above. He hereby appoints , of , State of , his true and lawful attorney to prosecute his claim and receive a fee oi $ . That his post-oflfice address is , county of , State of } (Claimant's signature.) Attest : (I) . (2) . Also personally appeared , residing at , and -, residing at , persons whom I certify to be re- spectable and entitled to credit, and who, being by me duly sworn, say that they were present and saw , the claimant, sign his name (or, make his mark) to the foregoiug declaration; that they have every reason to believe from the appearance of said claimant and acquaintance with him of years and years, respectively, that he is the identi- cal person he represents himself to be, and that they have no interest in the prosecution of this claim. (I) . (2) . (Signatures of witnesses.) Sworn to and subscribed before me, this, etc. (as in form No. 928).^ . (Signature.) (Official character.) 1046 Forms Relating to (Indorsed) : — Dependent Father's Application. Claimant- Soldier — Service- Address : Attorney- Address — I. The act of June 27, i8go, re- quires, in the case of dependent father : (i) That the soldier died of a wound, injury, or disease which, under pres- ent law, would have given him a pen- sion. (2) That the soldier left no widow or minor child. (3) That the father is at present de- pendent on his own manual labor, or the contributions of others not le- gally bound for his support. (4) That all pensions under this act commence from the date of filing the application in the pension bureau. (5) The benefits of the first sec- tion of the act of June 27, i8go, are ot confined to the parents of those who served in the war of the rebellion, but extend to cases arising since the termination of said war. 2. To be executed before any offi- cer authorised to administer oaths for general purposes in the State, city or county where said officer resides. If such officer has a seal and uses it upon such paper, no certificate of a county clerk or prothonotary or clerk of a court shall be necessary; but when no seal is used by the officer before whom the declaration is exe- cuted, then a clerk of a court of record or a county or city clerk shall affix his official seal thereto, and shall certify to the signature and official character of said ofiicer. No. 949. Declaration for soldiers' children who are permanently help- less. State of County of- On this -,l ss.. dred and ninety day of , A. D. one thousand eight hun- -, personally appeared before me a Pensions. 1047 , of the in and for the county and State aforesaid, , aged years, who, being duly sworn according to law, makes the following declaration in order to obtain the pension provided by act of congress, approved June 27, 1890: That is the legal guardian of , who is at the present time suffering from , which said disability, to best knowledge and belief, is permanent in its char- acter and renders said ward permanently helpless. That • , said ward, is the legitimate child of , who enlisted under the name of , at , on the day of , I , in (here state rank, company and regiment, if in the military service, or vessel, if in navy), and served at least ninety days in the war of the rebellion in the service of the United States, who was honor- ably discharged , and died . That he left widow surviving him (here state date of death or of remarriage). That the mother was married under the name of , to , there being no legal barrier to such marriage. That application has heretofore been made for a minor's pension numbered , and a certificate number granted. That the soldier has been employed in the military or naval service otherwise than as stated above. That the declarant hereby appoints , of , State of , true and lawful attorney to prosecute this claim and receive a fee of $ . That post-ofifice ad- dress is , county of , State of } Attest : (Claimant's signature.) w . (2) . Also personally appeared , residing at , and , residing at , persons whom I certify to be respectable and entitled to credit, and who, being duly sworn, say that they were present and saw , the claimant, sign name (or, make mark) to the foregoing decla- ration ; that they have every reason to believe, from the ap- 1048 Forms Relating to pearance of said claimant and their acquaintance with for years and years, respectively, that is the identical person represents to be ; and that they have no interest in the prosecution of this claim. (I) . (2) . (Signatures of witnesses.) Sworn to and subscribed before me, this, etc, (as in form No. 928).^ (Signature.) (Official character.) (Indorsed) : — Soldier's Child's Application. Who is permanently helpless. Guardian Claimants- Soldier Service Address ; Attorney- Address 1. The act of June 27, 1890, re- (i) That the soldier served at least quires that in minor children's cases ninety days in the war of the rebel- who are permanently helpless : lion and was honorably discharged. Pensions 1049 (2) Proof of soldier's death (cause need not have been due to army ser- vice), his marriage to mother and proof of her death or divestment of title. (3) In case a minor child is insane, idiotic, or otherwise permanently helpless, the pension shall continue during the life of said child, or dur- ing the period of such disability, and this proviso shall apply to all pen- sions heretofore granted or hereafter to be granted under this or any for- mer statute, and such pensions shall commence from the date of applica- tion therefor after the passage of this act. (4) That the child of soldier was 132 under the age of sixteen years at date of the death or remarriage of widow. 2. To be executed before any offi- cer authorized to administer oaths for general purposes in the State, city or county where said officer resides. If such officer has a seal and uses it upon such paper, no certificate of a county clerk or prothonotary or clerk of a court shall be necessary ; but when no seal is used by the officer before whom the declaration is exe- cuted, then a clerk of a court of record or a county or city clerk shall affix his official seal thereto, and shall certify to the signature and official character oi said officer. Forms of CHAPTER XXXIV. Forms of Powers of Attorney. J50. General form of power of attorney. 151. Power of attorney to collect a debt. 152. Same to receive or collect rents. 153. Same to receive a legacy. 154. Same to sell or lease lands. 155. Same to take possession of lands and to sell them. 156. Same to receive dividends. 157. Transfer of stock with power of attorney. 158. Power of attorney to vote at election or meeting of stockholders of corporation. 59. A general power by substitution. 60. A special power bj' substitution. 61. A revocation of a power. 62. Judgment note, with power of attorney to confess judgment. No. 950. General form of power of attorney. now all men by these presents, that I, A. B., of , : made, constituted and appointed, and by these presents lake, constitute and appoint, C. D., of, etc., my true and ul attorney for me and in my name and stead (*) (state the )r acts authorized), (f) giving and granting to my said at- ey by these presents full power and authority to do and Drm all and every act and thing whatsoever requisite and ssary to be done in and about the premises, as fully to itents and purposes as I might or could do if personally ;nt (with full power of substitution and revocation), by ratifying and confirming all that my said attorney Powers of Attorney. 105 1 (or, his substitute) shall lawfully do or cause to be done by virtue hereof. In witness, etc. (as in form No. 30.y A. B. [L. s.] Sealed and delivered in presence of C. D. (Acknowledgment, etc., when required, as in forms Nos. 6, etcy I. Powers of attorney are to be strictly construed. (Ferreira v. De- pew, 17 How. Pr. 418; Geiger v; BoUes, I Supr. Ct. Rep. (T. & C.) 129.) The general words contained therein are to be construed in reference to the particular terms which form the subject-matter of the instrument, in furtherance of but in subordination to, the general power conferred. (Filley v. Oilman, 34 N. Y. Super. Ct.(J. & S.) 339; Craighead v. Peter- son, 72 N. Y. 279; S. C, 28 Am. Rep. 150, affg S. C, 10 Hun, 596.) A power of attorney to sue, recover and receive, etc., and to give releases of judgments recovered, gives no power to release without payment. (De Mets v. Dagron, 53 N. Y. 635.) A power of attorney to sell and con- vey does not in itself confer a power to mortgage. (Bloomer v. Waldron, 3 Hill, 361; Coutant v. Servoss, 3 Barb. 128.) See, also, Albany Fire Ins. Co. v. Bay (4 N. Y. 9); Green- wood V. Spring (54 Barb. 375). But where one receives a deed with power to sell for the benefit of an- other, and at the same time of sale, executes a mortgage for the pur- chase money, the«mortgage is valid, for it is a part of an entire transac- tion, and is an inseparable qualifica- tion of the conveyance. (Coutant v Servoss, supra.) A power coupled with an interest grantor, but a naked authority ex- pires with the life of the person who granted it. (Bergen v. Bennett, i Cai. Cas. i.) The same principle applies to the revocation of a power. A power coupled with an interest is irrevocable. A naked authority may be revoked at any time by the grantor. (Raymond v. Squire, 11 Johns. 47.) The death of an attorney authorized to appoint an attorney un- der him, and to revoke such appoint- ment at his pleasure, necessarily re- vokes the power of a substitute so appointed. (Watt v. Watt, 2 Barb. Ch. 371.) See, also, Weber v. Bridgman (113 N. Y. 600); Morgan v. Raynor (5 Alb. L. J. 109); Culver v. W. U. Tel. Co. (50 N. Y. 691); Hess V. Rau (95 id. 359). Subse- quent insanity of the principal does not revoke a power of attorne)'; and the transaction of the agent after the insanity of the principal, and before inquisition, with persons igno- rant of the insanity of the principal, are binding upon the principal. (Brown v. Nichols, 9 Abb. Pr. N. S. i; S. C, less fully, 42 N. Y. 26.) A revocation of a power takes ef- fect, as to the agent, from the time at which it is communicated to him, and as to third parties, from the time that it is made known to them; but, as respects third persons, the ques- tion of notice depends in each is not revoked by the death of the case upon its own peculiar circum- Forms of s. (Williams V. Birbeck, Hoffm. Tied women, lunatics, infants ther persons not sui juris are eral, and without statutory au- f, disqualified from appointing ent' or attorney. (Snyder v. ible, I Hill, 567; Harden- V. Lakin, 47 N. Y. log.) By ir 300 of Laws of New York of any married woman being a nt of that State, and of the age enty^pne years or more, may te, acknowledge and deliver wer of attorney with like force Feet and in the same manner as were a single woman. Before issage of this act a power of ey for the conveyance of real situated in that State, exe- by a married woman resident f the State, joining with her nd in its execution, was valid, led that the execution of such by her should first have been proved or acknowledged ac- ig to the provisions of the Re- Statutes in relation to convey- executed by married women ig out of the State. (Chap. Laws of N. Y. of 1835; Cum- V. Williamson, i Sandf. Ch. See, also, as to powers of at- by married women, Nash v. ell (3 Abb. N. C. 171; S. C, Y. igg; 27 Am. Rep. 38, rev'g I, 471); Parker v. Baker (i2 N. ite Rep. 598). 5re several persons are ap- id trustees, or have power to r a mere private (not a public) se, they must all join in exe- : the trust or power; this rule s as well to trusts coupled in interest, or surviving trusts, laked powers, and if this rule t complied with, the act is r void, -not voidable only; and a stranger may object to the defect- ive execution. (Sinclair v. Jackson, 8 Cow. 543.) See as to power to draw and in- dorse notes, etc., North River Bank V. Aymar (3 Hill, 362); as to power to invest, Feldman v. Beier (78 N. Y. 293); Ackerman v. Emmott (4 Barb. 626); as to power to conduct business, Ferreira v. Depew (17 How. Pr. 418); DoUfus v. Frosch (i Den. 367); Lawrence v. Gebhard (41 Barb. 575); Bank of N. Y. v. Van- derhorst (32 N. Y. 553); Myers v. Mut. Life Ins. Co. (99 N. Y. i, 7); as to power to buy and sell real es- tate and personal property, and to collect rents, money and debts, and to do every act and thing necessarily pertaining thereto. Mills v. Caraly (l Bosw. 159); Taylor v. Hoey (36 N. Y. Super. Ct. 326); Harnett v. Garvey (id. 326); as to power to col- lect, Holtsinger v. Nat. Corn Ex- change Bank (6 Abb. Pr., N. S., 292; S. C, 37 How. Pr. 203; I Sweeney, 64); Sims v. U. S. Trust Co. of N. Y. (103 N. Y. 472); Grapel V. Hodges (49 Hun, 107); as to power to compromise, Hawkins v. Avery (32 Barb. 551); as to power to sue, Garrigue v. Loescher (3 Bosw. 578); as to power to bond assets, Hunter v. Hunter (17 Barb. 25); as to power to employ a broker, Wickes V. Hatch (62 N. Y. 535); as to power to sell and mortgage, Kingsland v. Chetwood (39 Hun, 602); Clark V. Hyatt (55 N. Y. Super. Ct. 98, 105). A power of attorney, describing in its body the grantor as executrix and sole legatee, and purporting on its face to be a power from her as executrix, is not impaired by failure to add the official character at the end of the signature. (Myers v. Mut. Life Ins. Co., 99 N. Y. i, 7-) Powers of Attorney 1053 No. 951. Power of attorney to collect a debt. As in last form, No. 950, to (*) and from thence as fol- lows : to ask, demand, sue for, recover and receive all such sum and sums of money, accounts and other demands what- soever, which are or shall become due, owing and payable to me, or be detained from me by J. K., of , his heirs, execu- tors and administrators ; and upon the receipt thereof, receipts, acquittances or other sufficient discharges, for me and in my name to make, seal and deliver ; (concluding as in form No. 950, from {-f).)^ (Signature and seal as in form No. 950.) Sealed and delivered in presence of C. D. (Acknowledgment or proof, when required, as in forms Nos. 6, etc.) I. See note to last form, No. 950. No. 952. Power of attorney to receive and collect rents. As in form No. 950, to (*) and from thence as follows : to ask, demand and receive all such rents, and arrears of rent, which now are, or hereafter shall grow due or owing to me from E. F., G. H., J. K., or any of them as tenants or occupiers of any lands, tenements or hereditaments belong- ing to (or, claimed by) me, situate at , or by any other person or persons whomsoever, as tenants, occupiers or les- sees or assignees of any term or terms of such lands, etc., or any part or parcel of them ; and upon receipt thereof to give proper acquittances and sufficient discharges thereof; and, in default in payment thereof, or any part thereof, to my said attorney, to proceed by a suit or suits at law for the re- covery thereof, as by him, my said attorney, shall be thought fit; (concluding as in form No. 950. from (f).)^ (Signatures, etc., as in form No. 950.) I. See notes to form No. 950. 4 Forms of No. 953. Power of attorney to receive a legacy. LS in form No. 950, to (*), and from thence as follows : Lsk, demand and receive a certain legacy, of dollars, ch F. G., late of , deceased, did give and bequeath o me, the said A. B., by his last will and testament, of ch I. J. and K. L. are the executors (to be paid to me the day of , I ) ; and upon receipt thereof or payment thereof to, my said attorney, a general re- le or discharge for the same, to make, execute and deliver iclude as in form No. 950, from (t))-^ (Signatures, etc., as in form No. 950.) See notes to form No. 950. A of substitution, — Held, to authorize er of attorney to ask, demand the employment of an attorney to receive " all the estate, legacy, bring a partition suit. (Woerman v. n or interest to which we are en- Baas, 35 State Rep. 276; S. C, 12 N. i as heirs at law," with full power Y. Supp. 59.) No. 954. Power of attorney to sell or lease lands. Is in form No. 950, to (*), and from thence as follows: lease the house and lot (or, farm, etc.) belonging to me, ated at , known as (giving description), to such per- or persons, and for such a term or number of years, or for or lives, and at and under such yearly and other rents as shall think fit ; and taking such security therefor as he 11 deem proper ; or otherwise to sell or dispose of the le absolutely in fee simple, for such price or sum of ney, and to such person or persons as he shall think fit [ convenient. And also for me, and in my name, and as act and deed, to sign, seal, execute and deliver such ds and conveyances, for the leasing or the absolute sale i disposal thereof, or of any part thereof (with such ises, covenants and agreements to be therein contained, ny said attorney shall think fit and expedient ; hereby fying and confirming all such leases, deeds, conveyances, Powers of Attorney. 1055 bargains and sales which may at any time hereafter be made, touching and concerning the premises). In witness, etc. (as in form No. 30).' A. B. [L. S.] Sealed and delivered in presence of G. H. (Acknowledgment, etc., as in forms Nos. 6, etc.) I. See note to form No. 950. Jackson, 8 Cow. 543.) If it can, yet Whether under a general power of both terms must not exceed the time leasing, a lease can be made to com- or term limited in the power. Such mence in future, after the expiration excess would make it void at law in of a subsisting lease given under the toto, though it might be good in same power? guere. (Sinclair v. equity J>ro tanto. (Id.) No. 955- Power of attorney to take possession of lands and to sell them. As in form No. 950, to (*), and from thence as follows : to enter into and take possession of all such lands, tene- ments, hereditaments and real estate whatsoever, situated in the State of (New York), whereof I now am or hereafter may be, by any ways or means -howsoever, entitled or interested in, either in severalty or jointly, or in common with any other person or persons. And also for me and in my name, to grant, bargain and sell the said lands, etc., or any part, share or proportion thereof, and all such right, title, interest, claim and demand, both in law and in equity, as I may have in the same, for such sum and price and on such terms as to him shall seem meet, and for me and in my name, to make, execute and de- liver good and sufificient deeds and conveyances for the same, and every part thereof, either with or without covenants and warranty. And until the sale thereof for me and in my name, and for my use, to let and demise the said real estate, or any part or parts thereof, for the best rent that can be gotten for the same. And also for me and in my name, and for my use, to ask, demand and receive all sums of money which shall become 356 Forms of ae, owing or payable to me by means of any such bargain, lie or lease, and to have and take all lawful ways and means ir the recovery thereof, by attachment, arrest (distress)"^ or :herwise, ' and to compound, arbitrate and agree for the ime, and acquittances or other sufficient discharges for the ime to make, seal and deliver (concluding as in form No. ;o, from (f ), to end thereof).^ In witness, etc. (as in form No. 30). (Signature, etc., as in form No. 950.) I. See note i to form No. 788. 2. See note i to form No. gsa No. 956. Power of attorney to receive dividends. As in form No. 950, to (*), and from thence as follows : to ;ceive the dividend or dividends which are or shall be pay- jle on the day of , i , by the (naming corpora- on) upon the stock standing in my name on the books of lid (bank) (concluding as in form No. , from (f)).' (Signature, etc., as in form No. 950.) I. See note i to form No. 950. No. 957. Transfer of stock with, power of attorney. Know all men by these presents, that I, A. B., of the (city) : , in the county of , and State of , for value ;ceived, have bargained, sold, assigned or transferred, and ■f these presents do bargain, sell, assign and transfer unto . D. (describe stock, e. g.: Ten (10) shares of the capital ock of the (name of corporation), certificate No. ), anding in my name on the books of the said company (or, )rporation), and do hereby constitute and appoint said C. . (or, E. F. ; or, the cashier (or, president) of the , etc.), y true and lawful attorney irrevocable, for me and in my ime and stead, but to (his) use, to sell, assign, transfer and it over all or any part of the said stock, and for that purpose I make and execute all necessary acts of assignment and ansfer, and one or more persons to substitute with like full Powers of Attorney. 1057 power, hereby ratifying and confirming all that my said at- torney or (his) substitute or substitutes shall lawfully do by virtue hereof. In witness whereof, I have hereunto set my hand and seal the day of -, one thousand hundred and } A. B. [L. S.J Sealed and delivered in the presence of G. H. (Acknowledgment or proof, as in forms Nos. 6, etc.) I. See note i to form No. 950. No. 958. Power of attorney to vote at election or meeting of stock- holders of corporation. See form No. 4.18. No. 959. A general power by substitution. Know all men by these presents, that whereas, A. B., of, etc., by his certain letter of attorney, bearing date the day of , I , did make, etc. (reciting the power at large), as by the same letter of attorney, reference being thereunto had, will more fully appear : Now, know ye, that I, the said C. D., the attorney so named, in virtue of the authority to me given in and by the said letter of attorney, have nominated and appointed and by these presents do nominate and appoint J. E., of, etc., as my substitute, and the attorney of the said A. B., for the purposes in the said letter of attorney mentioned, and as the attorney of the said A. B. to do, permit, suffer and perform, all and singular the matters and things in the said letter of attorney specified, and which by the said letter of attorney I am authorized to do, permit, suffer or perform. In witness, etc. (as in form No. 30). Sealed and delivered in presence of M.N. (Acknowledgment, as in forms Nos. 6, etc.) 133 A. B. [L. s.] 358 Forms of No. 960. A special power by substitution. Know all men by these presents, that I, A. B., of, etc., by rtue of the power and authority to me given by a certain tter of attorney, bearing date, etc., and executed by C. D., :, etc., have nominated and appointed, and by these ■esents do nominate and appoint I. E., of, etc., as my sub- itute, and the attorney of the said C. D. to enter into and pon all and singular the lands, tenements and heredita- ents to the said C. D. belonging, at, etc., and to take pos- :ssion of the same in his name and for his use ; and also to :mand and receive all rents now in arrear, or which may ireafter become due from the tenants, holders or occupiers : such lands, tenements and hereditaments, or any part or ircel thereof, and to give acquittances and discharges for le same ; and also in default of payment of such rents, or ly parcel thereof, to (levy the same by distress, according I law,' or to) prosecute for the same by action. In witness, etc. (as in form No. 30). C. D. [L. sj Sealed and delivered in presence of E. F. (Acknowledgment, as in forms Nos. 6, etc.) [. See note i to form No. 788. No. 961. A revocation of a power. Know all men by these presents, that whereas I, A. B., of — , in and by my letter of attorney, bearing date on, etc., ■d make, constitute and appoint C. D., of , my attor- ly, for recovery of all debts and sums of money whatsoever ae to me, the said A. B., from E. F., of , as by the lid letter of attorney may appear : Now, know ye, that I, le said A. B., have revoked, countermanded, annulled and Powers of Attorney. 1059 made void, and by these presents do revoke, countermand, annul and make void the said ktter of attorney, and ail power and authority thereby given, or intended to be given, to the said C. D. In witness, etc. (as in form No. 30). CD. Sealed and delivered in presence of E. F. (Acknowledgment, as in forms Nos. 6, etc.) No. 962. Judgment note with power of attorney to confess judgment. $2268. South Bethl^ehem, /anuarj 12, i . One year after date I promise to pay L. M. Y., twenty- two hundred and sixty-eight dollars, without defalcation, for value received. And I also hereby authorize any attorney of any court of record in Pennsylvania, or elsewhere, to con- fess judgment therefor and release of errors, and I do hereby waive all stay of execution from and after the maturity of the above note. Witness my hand and seal the day and date above written, with ten per cent allowed for collection fees, with interest from date.^ A. Y. [L. S.J Witness present : G. Z. i. See Teel v. Yost (128 N. Y. The provision of the New York 387), as to this form of instrument. Code of Civil Procedure (§ 1274), in usually called a judgment note, an relation to judgments by confession, obligation quite common in the requiring the defendant to state the States of Pennsylvania and New nature and circumstances of the in- Jersey, and of a judgment thereupon debtedness and to verify the same, rendered in the Court of Common has no relation to the jurisdiction of Pleas of Pennsylvania. See same the court, or the authority of the case, also, as to the history of legis- clerk to enter judgment; its only lation in the State of New York, in purpose is to protect creditors from a •relation to judgments by confession, judgment fraudulently confessed by )6o Forms of 1 insolvent debtor; and so, the omis- 3n of the verified statement does >t render the judgment void, but ily voidable at the instance of cer- in creditors; it may not be im- peached by the defendant because of the omission. (Id.) See, also, form No. 317, for bond and warrant of attorney to confess judgment. Poor Laws. See Support of Bastard ; Support of Belative ; Support of Poor Person. Fromissory Notes, Bills and Checks. io6i CHAPTER XXXV. Forms of Promissory Notes, Bills and Checks. No. 963. Promissory note payable to order or bearer on demand, etc. 964. Inland draft or bill of exchange, and acceptance of same. 965. Foreign bill of exchange in a set. 966. Promissory note payable to bank, pledging collaterals for its pay- ment. 967. Protest of foreign bill for non-acceptance. 968. Notice to indorser of demand and refusal of payment of promis- sory note or draft. 969. Form of agreement of waiver of demand and notice by indorser. No. 963. Promissory note, payable to order or bearer, on demand, etc. $100. Albany, , i . On aemand [or, days after demand ; or, days after date ; or, on the day of , i — — (without grace)] for value received, I (or, we (jointly and severally) or The (name of corporation)] promise (or, promises) to pay (to the order of) C. D. (or, to the bearer) ^ dollars (at the E. F. Bank of ) (with '"^-erest).' A. B. (G. H.) The (name of corpora- tion) by I. J., Treasurer, etc. Indorsements r' C. D. or, (without recourse) Pay to the order of M. N. (signed) C. D. or. The (name of corpora- tion) by P. R., Treasurer, etc., or Pay to the order of M. N. (signed) C. D. by F. P., his attorney. I. A promissory note is an uncon- to a certain person or corporation ditional promise, in writing, to pay named a certain sum of money at a to62 Forms of ;ertain future time. Its essential lualities are, i. That it be payable It all events; not dependent upon iny contingency, nor payable out of L particular fund; and, 2. Tha it be or the payment of money only, and lot for the performance of some >ther act, or in the alternative. Cook V. Satterlee, 6 Cow. io8.) A promissory note is said to be legotiable when made payable to )rder or -bearer, or from which the ntention to make it negotiable can )e implied without the use of these yords. (Bigelow on Bills and Notes, ). 12, 2d ed.) A note payable to "the bearer A." las been held not to be negotiable. Warren v. Scott, 32 Iowa, 22.) By the Revised Statutes of New ^ork State, all notes in writing, nade and signed by any person, vhereby he shall promise to pay to iny other person, or his order, or to he order of any other person, or into the bearer, any sum of money herein mentioned, shall be due and )ayable as therein expressed; and ihall have the same effect, and be legotiable in like manner as inland )ills of exchange, according to the ;ustom of merchants, (i N. Y. Rev. Stat. 768, § 2; 7th ed., 2242.) Every such note, signed by the igent of any person, under a general ir special authority, shall bind such )erson, and shall have the same ifFect and be negotiable as above )rovided. (Id., § 2.) The word "person," in the two ast preceding sections, shall be con- itrued to extend to every corporation ;apable by law of making contracts. Id., §3-) The payees and indorsees of every ;uch note payable to them or their )rder, and the holders of every such lote payable to bearer, may maintain actions for the sums of money therein mentioned, against the makers or in- dorsers of the same respectively, in like manner as in case of inland bills of exchange, but not otherwise. (Id., § 4.) Such notes, made payable to the order of the maker thereof, or to the order of a fictitious person, shall, if negotiated by the maker, have the same eflFect, and be of the same validity as against the maker and all persons having knowledge of the facts, as if payable to bearer. (Id., §5.) The statute above referred to is, it seems, a substantial enactment of the statute 3 and 4 Anne, chap, g, by the legislature of New York, prior to which there had been much doubt as to the negotiability of promissory notes. The act referred to was passed to set the matter at rest; and its terms have been gen- erally adopted in this country, either by statute or as part of the common law. (Bigelow on Bills and Notes, p. 12, 2d ed.) A transferee of negotiable com- mercial paper for value, in the or- dinary course of business (by indorse- ment and delivery if payable to order, and by delivery, if payable to bearer), without notice of any defects in the title, is protected by the law merchant against all latent equities, whether of third persons or of parties to the instrument. His title is per- fect and his right to enforce the obli- gation absolute. (Muller v. Pondir, 55 N. Y. 325; Evertson v. National Bank of Newport, 66 id. 14; Fisher V. Leland, 4 Cush. 456; Spooner v. Holmes, 102 Mass. 503.) But if any of the circumstances are wanting which go to make this per- fect title, a purchaser or transferee of such paper takes it subject to the Promissory Notes, Bills and Checks. 1063 same rules which control in the case of a transfer or assignment of non- negotiable instruments ; that is, he only acquires such rights and equities as existed in his vendor, and takes subject to all equities as against him. (Muller V. Pondir, supra.) Where a promissory note, payable to order, is not indorsed by the payee, but is transferred to another by delivery merely, the holder of the note is a mere assignee, and his rights are to be settled by the same rules that govern the case of an assignee of any other chose in action. (Hedges v. Sealy, 9 Barb. 214.) A party who writes his name upon the back of a note not negotiable there being no contract of indorse- ment, renders himself, according to the New York cases, liable to the holder either as maker or guarantor, according to the nature of the con- tract made by him, and the holder may overwrite the indorser's name with the real contract. (Richards v. Warring, i Keyes, 576, afTg S. C, 39 Barb. 42; Cromwell v. Hewitt. 40 N. Y. 49,1.) See, also, Carnright v. Gray (57 Hun, 518); Newman v. Frost (52 id. 422); McMullen v. Rafferty (89 N.Y. 456); Griswold v. Slocum (10 Barb. 402); Leavens v. Thompson (48 Hun, 389). Such indorser is not entitled to notice of demand of, and of non- payment by the maker. (Id.) See the reporter's note to Crom- well v. Hewitt (supra, p. 492), as to the decisions in other States upon this subject. " In all the cases in this court," says the reporter in that note at page 496, "Moore v. Cross, Richards v. Warring, and the present case, the history and purpose of the indorse- ment were shown by extrinsic evi- dence. What the legal import of such an indorsement would be in the absence of any explanatory proof whatever, may, perhaps, therefore still be regarded as not yet strictly decided in this State, although the language of Mason, J. , in his opinion, is general enough to cover such a case." A promissory note, reading "One day after date for value received, I promise to pay," etc., was signed by E. S. L. and by N. L., the latter pre- fixing to his name the word " surety." Held, that N. L. was liable as maker, notwithstanding the word " surety " was prefixed to his name. (Braman v.' Lyon, N. Y. Supr. Ct., Gen. Term, 27 N. Y. Week. Dig. 168.) The words "value received" do not constitute an essential part of a promissory note, nor do^s its nego- tiability. (Carnright v. Gray, 57 Hun. 518; afTd, S. C, 127 N. Y. 92.) As to the duties and liabilities of an indorser without recourse, see Drennan v. Bunn (124 111. 175:7 Am. St. Rep. 354, and note); Bank of Al- bion V. Smith (27 Barb. 489); Fassin V. "Hubbard (55 N. Y. 465); Van Valkepburgh v. Stupplebeen (49, Barb. 99); Arnson v. Abrahamson (30 N. Y. State Rep. 657; 9 N. Y. Supp. 514). To relieve one who indorses paper from liability as indorser, he must in- sert in the contract itself words clearly expressing such intention, (Fassin v. Hubbard, supra.) 1064 Forms o^ No. 964. Inland draft or bill of exchange, and acceptance of same. I . Albany, , i . At sight (or, days after sight; or, on demand; or, days after date), pay to the order of M. F., dol- lars (with interest),' and charge the same to account of E. F. To M. P., 24 Wall street. New York city. Accepted — (Date). (Payable at .f M. P. Indorsed : Pay to the order of L. H. (without recourse to me, or, for :ollection).' I. The essential qualities of a bill jf exchange are: I. That it be pay- ible at all events; not dependent jpon anj- contingency, nor payable Dut of any particular fund; and, z. That it be for the payment of money, md not for the performance of some Jther act or in the alternative. (Gook 7. Satterlee, 6 Cow. 108.) A negotiable bill of exchange is isually one made payable to order of some person or corporation, or to jearer, but, it seems, no formal vords are necessary. It is enough if t can fairly^be inferred by the terms )f the contract that the intention was o make it negotiable. The inten- ion is the test. (Bigelow on Bills and "Jotes, 2d ed., 12; Edwards on Bills, !tc., 1st ed., 164; United States v. Vhite, 2 Hill's Rep. 59.) A bill or note does not lose its ne- gotiable character by being dishon- ired, and the indorser, after ma- urity, writes in the same form, and M. F. (by C. D., his Attorney.) is bound only upon the same condi- tion of demand and notice of non- payment as any other indorser. The negotiable character of the note can only be changed by an indorsement containing express words of restric- tion. (Leavitt v. Putnam, 3 N. Y. 494, rev'g S. C, I Sandf. 199.) See further as to negotiable instru- ments, note to form No. 963. Bills of exchange are foreign or inland, according as the drawee has his residence in a different State or country from that of the drawer, or in the same State or country. (Bige- low on Bills, etc., 2d ed., 23.) Bills drawn in one State of the Union and payable in another are held to be foreign bills. (Buckner v. Finlay, 2 Peters' U. S. Rep. 586; Wells V. Whitehead, 15 Wend. 527; Halliday v. McDougall, 20 id. 81; S. C, 22 id. 264.) In a bill of exchange or promis- sory note, a " month " means a cal- Promissory Notes, Bills and Checks. 1065 •endar, not a lunar month. (Leffing- well V. White, i Johns. Cas. gg; i N. Y. R. S. 606, § 4.) But for the purpose of calculating interest, a month is to be considered the twelfth part of a year, and as con- sisting of thirty days, and interest for any number of days less than a month is to be estimated by the proportion which such number of days shall bear to thirty, (i N. Y. R- S. 773, §9; 7th ed., 2254.) A check is a bill of exchange drawn upon a bank or banker, and payable on demand. (Bigelow on Bills, etc., 2d ed., 23; Chapman v. White, 6 N . Y. 412 ; Bowen v. Newell, 8 id. 190; Harris v. Clark, 3 id. 93.) A bill in which the time of pay- ment is not expressly specified is by implication of law payable on demand. (Harris v. Clark, supra, p. 115.) Three days of grace are usually allowed the acceptor after the bill be- comes due and payable by its terms. These days were originally, what the words imply, an indulgence or respite granted to the acceptor as a matter of favor; but they have at length ripened into a right as clear and definite as any conferred by the positive stipulation of the parties. So that, for all practical purposes, a bill or note entitled to days of grace becomes due at the same time and in the same manner as if these days were added to the time it has to run, and the instrument drawn without grace. (Edwards on Bills, etc., 517; Hogan v. Cuyler, 8 Cow. 203.) By statute of New York it is pro- vided that all bills of exchange, drawn payable at sight, at any place within that State, shall be deemed due and payable on presentation, without any days of grace being al- lowed thereon. (Laws of New York of 1857, vol. I, chap. 416, p. 838, § 1; R. S., 7th ed., 2246.) By the same statute, all checks, bills of exchange or drafts, appear- ing on their face to have been drawn on any bank, or upon any banking association or individual banker, carrying on banking business under the act to authorize the business of banking, which are on their face payable on any specified day, or in any number of days after the date or sight thereof, shall be deemed due and payable on the day mentioned for the payment of the same, with- out any days of grace being allowed, and it shall not be necessary to pro- test the same for non-acceptance. (Id., §2.) The genera! rule of law is that when the last day of grace falls on a Sun- day or on a legal holiday, the bill or note must be demanded on the day previous; it cannot be demanded on the Sunday or holiday. (Lewis v. Burr, 2 Cai. Cas. igs; Ransom v. Mack, 2 Hill, 587.) This rule applies, however, only when days of grace are allowable on the instrument. When such days are not allowable, the de- mand must be made on the next business day. (Salter v. Burt, 20 Wend. 205.) These rules have, however, been changed by statutes in New York of 1887 as to bills and notes made after their passage. (Sess. Laws N. Y., chap. 28g, p. 364; id., chap. 461, p. 475.) 2. By statute in New York State acceptance - a bill of exchange must be in writing, signed by the acceptor or his lawful agent; and if on a sepa- rate paper, does not bind the ac- ceptor, except in favor of a person to whom it was shown, and who, on the faith thereof, received the bill for value. And an unconditional prom- io66 Forms of ise in writing to accept a bill before it is drawn, shall be deemed an actual acceptance in favor of a person who, upon the faith thereof, shall have re- ceived the bill for value. A refusal to write acceptance on the bill is a refusal to accept, (i R. S. 768, §§ 6-9; 7th ed., §§ 2242, 2243.) Destroying a bill left with the drawee for acceptance, or refusing to return the same, is equivalent to ac- ceptance. (Id., § II.) Before the statute a parol accept- ance was good, (Leonard v. Mason, T Wend. 522.) The name of the drawee written across the face of a bill is a sufficient acceptance within the above men- tioned statute. (Spear v. Pratt, 2 Hill, 282.) A verbal promise to accept a bill to be drawn is void under the above statute. (Loonie v. Hogan, 9 N. Y. 4350 The above statutory provisions em- brace all bills wherever drawn, that are to be accepted and paid within the State of New York. (New York and Virginia State Stock Bank v. Gibson, 5 Duer, 574.) The acceptance of a bill of ex- change must be absolute according to the tenor of the bill; that is to say, it should not be varied or qualified in any material particular. If, there- fore, the person upon whom it is drawn accepts it conditionally, or payable out of a special fund, and re- fuses to make an unqualified accept- ance, it should be protested for non- acceptance. (Walker v. The Bank of the State of New York, 13 Barb. 636; S. C. aflFd, 5 Seld. 582.) If a bill be drawn on a person residing in one city and accepted by him payable at a banking house in another city, the acceptance is not according to the tenor of the bill; but there is no ob- jection to an acceptance making th bill payable at a bank or broker' office in the city where the accepto resides. (Edwards on Bills, etc., is ed., 383, citing Rowe v. Young, 1 Brod. & Bing. 165.) 3. If the payee of a note or bill pay able to him or bearer, indorses it, h( may be made liable as indorser (Brush V. Adm'rs of Reeves, 3 Johns, 439-) The initials of defendant, written on the back of a check, may be suffi- cient to charge him as indorser. .(Mer- chants' Bank v. Spicer, 6 Wend. 443.) See, also, Palmer v. Stephens (i Den. 471). The defendant had written the figures 1. 2.8., in pencil upon the back of the bill of exchange in suit. They were written as a substitute for his name, and as an indorsement of the bill. Held, he was liable as indorser, at least to a party who took the bill on the faith of the indorsement, and of an agreement by the defendant to be bound by it. (Brown v. Butchers and Drovers' Bank, 6 Hill, 443.) When the payee or indorsee of a promissory note or bill of exchange intends simply to sell or transfer the instrument without rendering him- self liable thereon as an indorser, he should state the fact in his indorse- ment; which may be done by adding under his name "without recourse to me " or any other words showing that he does not intend to incur any responsibility. (Edwards on Bills, etc., ist ed., 282, citing Goupy f. Harden, 7 Taunt. 160; 2 Marsh. 454.) Any form of words will answer the same purpose, by which the party in- dorsing disclaims the responsibility of an indorser. (Id.; Rice v. Stearns, 3 Mass. 225.) As to indorsement of a non-nego- tiable note or bill, see Griswold v. Pkomissory Notes, Bills and Checks. 1067 Slocum (lo Barb 402); Roe v. Hallett takes it as assignee, and subject to (34 Hun, 128, and cases there cited), all the equities between the original Where a note, although payable to parties. (Franklin Bank v. Raymond, order, is transferred by assignment, 3 Wend. 69.) without indorsement, the transferee See further note i to form No. 963. No. 965. Foreign bill of exchange, in a set. No. 2508. Geneva, /awwarc 31, I . $500. On the first day of May next (or, at sight ; or, days after sight ; or, on demand ; or, days after date, etc.) pay by this (*) first of exchange (second and third unpaid)- to the order of (ourselves) (or, to bearer) the sum of (five hundred) dollars, value received (in goods) which you will allow, pursuant to the advice (or, without further advice)^ of J. M. B. & Co. To Mr. H. R., Albany, N. Y. As above to (*) and from thence as follows : second of exchange (first and third unpaid) to the order, etc., as above. (Signature as above.) (Direction as above.) As first above to (*) and from thence as follows : third of exchange (first and second unpaid) to the order, etc., as above. (Signature as above.) (Direction as abo've.) Accepted, Feb. , i (payable at , A. N. B.)^ H. R. Indorsement : Pay to the order of C. D. E. (of ), value re- ceived (in account).' Geneva, February 15, i . J. M. B. & Co. I. For definition of foreign bill of what is called a set. Commonly the exchange, see note i to form No. 964. drawer delivers to the payee three They are usually drawn in several bills of the same tenor and date ; and parts, the whole of which make u^ each of these contains a condition io68 Forms of that it is to be paid, provided the others remain unpaid, and all of them collectively amount to one bill, and a payment of one of the set is pay- ment of the whole. (Edwards on Bills, etc., i6i; Wells v. Whitehead, 15 Wend. 527.) Whatever may be the number of parts, it is important that the condition inserted in each should mention every other part of the set; otherwise the drawer might in some cases be compelled to pay the bill twice over. "Jhus if the drawer make the first bill without any reference to any other part, and draw the second payable on condition the first has not been paid ; and the second is first presented and paid, and the first falls into the hands of a third person and is transferred to a bona fide holder, he might be com- pelled to pay it a second time. (Ed- wards on Bills, etc., 161, citing Da- vison V. Robertson, 3 Dow. 218, 228. But where the several parts are drawi in the usual manner, each referrmi to the other parts, payment of one ii payment of the set; and if one of their is transferred by indorsement to : third person, it vests in him the righi to the possession of the whole set (Edwards on Bills, etc., 162.) If the payee to whom the several parts are delivered, as in due course of business they ought to be, ne- gotiates different parts of the same bill to different persons, he is answer- able on each. Being both the payee and acceptor of the bill, he is respon- sible on as many parts as he puts'in circulation. (Id., citing Downes^^a^. V. Church, 13 Peters, 205.) 2. See as to acceptance of bill o( exchange, note i to form No. 964. 3. See as to indorsement of bill oi exchange, note i to form No. 964. No. 966. Promissory note payable to bank pledging collaterals as security for its payment. , N. Y., , I . Three months (or, specify other term of payment, or, on demand, or, on the day of , i- ) after date I [or, we (jointly and severally) promise to pay (or, the company promises to pay)] to The Bank, of , at said bank, in the (city) of , dollars, for value re- ceived, with interest at the rate of (six) per cent per annum, hereby pledging to the said bank, as security for the pay- ment of this note, the under mentioned security (with au- thority to sell the same,'on non-performance of this promise, in such manner as they in their discretion may deem proper, without notice, either at the Brokers' Board, New York city, or at public or private sale, and to apply the proceeds thereon) viz. : [describing security, e. g. , ten shares of the Promissory Notes, Bills and Checks. 1069 capital stock of the (name of corporation) certificate No. .] In case of depreciation in the market value of the security hereby pledged, or which may hereafter be pledged to se- cure this note, a payment is to be made on account, on demand, so that the said market value shall always be at least (ten) per cent more than the amount unpaid of this note. In case of failure to do so, this note shall be deemed to be due and payable forthwith, anything hereinbefore ex- pressed to the contrary notwithstanding ; and the bank may immediately reimburse itself by sale of the security, it being understood and agreed that if such sale be by public auc- tion, the said bank shall be at liberty to purchase, for its own account, any property offered at such sale.' And it is hereby further agreed and understood that if recourse is had to the collaterals, any excess of collaterals upon this note shall be applicable to any other note or claim of whatever nature held by said bank against (me) ; ^ and in case of any exchange of, or addition to the collaterals above named, the provisions of this note shall extend to such new or additional collaterals. A. B. (C. D.) (or. The Co., by C. D., its President, etc.) I. The general rule is that the title him to become the purchaser pledgee cannot purchase the pledge requires a more direct and unequivo- (Bryan v. Baldwin, 52 N. Y. 232); cal stipulation. (Hamilton v. Schaack, and to take the case out of the gen- supra.) era! rule the right of the pledgee to 2. When securities are pledged to become the purchaser must be given a banker or broker for the payment in very plain terms. (Hamilton v. of a particular loan or debt, he has Schaack, N. Y. Supr. Ct., Gen. no lien upon such securities for a Term, 16 N. Y. Week. Dig. 423.) general balance or for the payment An authority given to the pledgee of other claims. (Wyckoif v. An- te sell the stock to any person, per- thony, 90 N.Y. 442,affgS. C.gDaly, sons or corporation does not author- 417.) ize him to sell to himself. To en- I070 Forms of No. 967. Protest of foreign or inland bill for non-acceptance. United States of America, ) State of {New York), \ ^^" On the day of , in the year of our Lord on( thousand hundred and , at the request of A. B (naming bearer or holder), I, J. G., a notary public, duly ad mitted and sworn, dwelling in the (city) of , in the Stat( aforesaid, did present the original bill of exchange hereuntc annexed [or, of which the following is a copy, to wit (insert copy)], to E. F., the drawee therein named, for acceptance who refused to accept the same [for the reason that (insert reason assigned for refusal, if any was given)]. Whereupon, I, the said notary, at the request aforesaid, did protest, and by these presents do publicly and solemnly protest, as well against the drawer (and indorsers) of the said bill, as against all others whom it doth or may concern, for exchange, re-exchange, and all costs, damages and inter- est already accrued, and to be hereafter incurred, for want of acceptance of the same. [I thereupon, on the same day and year above written, and after said demand and refusal, duly notified the makei or drawer (and indorser) of the non-acceptance of the same, as follows : By putting in the post-office, in the city of , notices of such demand, refusal and non-acceptance, and paying the postage thereon, addressed as follows : One for A. F., directed to him at (Syracuse, New York), one for M. P., directed to him at (Boston, Massachusetts), each of the above named places being the reputed place of residence ol the person to whom the notice was directed, and the post office nearest thereto.] In testimony whereof I have hereunto subscribed my £l. S.] name and affixed my seal of office.^ F. G., Notary Public. 1. A foreign bill dishonored, tion of the protest sent with the should be protested, and informa- notice. (Rogers v. Stephens, 2 Tern Promissory Notes, Bills and Checks. 107 i Rep. 713; Gale v. Walsh, 5 id. 239; Brough V. Perkins, Lord Raym. 903; Edwards on Bills, etc., 461.) The New York Code of Civil Procedure provides as follows, on the subject of a notary's certificate: The certificate of a notary public of the State, under his hand and seal of office, of the presentment by him, for acceptance or payment, or of the- protest, for non-acceptance or non- payment, of a promissory note or bill of exchange, or of the service of notice thereof, on a party to the note or bill; specifying the mode of giv- ing the notice, the reputed place of residence of the party to whom it was given; and the post-office near- est thereto; is presumptive evidence of the facts certified, unless the party, against whom it is offered, has served upon the adverse party, with his pleading, or within ten days after joinder of an issue of fact, an origi- nal affidavit, to the efFect that he has not received notice of non-accept- ance, or of non-payment of the note or bill. A verified answer is not sufficient as an affidavit, within the meaning of this section. (N. Y. Code Civ. Pro., §923.) When a certificate showing the protest of a promissory note, and the service of a notice thereof has been made by a notary, as prescribed by the above section, and the same has been lost, a second certificate may be given by the notary and may be read in evidence with the same force and effect as the original. (Kellam V. McKoon, 31 Hun, 519.) A notarial certificate, founded upon a presentment and demand, made, not by the notary, but by his clerk, is void. (Gawtry v. Doane, 51 N. Y. 84.) A notarial certificate of the protest of a foreign bill of exchange cannot be received in evidence without the notary's seal, and an ink stamp of the seal is not sufficient. (Richard v. Boiler, 6 Daly, 460.) See, also, Bank of Rochester v. Gray (2 Hill, 227). It is further provided by the New York Code of Civil Procedure that in case of the death or insanity of a notary public of that State, or of his absence or removal, so that his per- sonal attendance, or his testimony, cannot be procured, in any mode prescribed by law, his original pro- test, under his hand and official seal, the genuineness thereof being first duly proved, is presumptive evi- dence of a demand of acceptance, or of payment, therein stated; an4 a note or memorandum, personally made or signed by him, at the foot of a protest, or in a regular register of official acts, kept by him, is pre- sumptive evidence that a notice of non-acceptance or non-payment was sent or delivered, at the time, and in the manner, stated in the note or memorandum. (N. Y. Code Civ. Pro. , § 924.) Where a bill of exchange, paj'able at a future time, is presented for ac- ceptance, and acceptance is refused, notice must be immediately given to the drawer and indorsers, or they are discharged. (Walker v. The Bank of the State of New York, 9 N. Y. 582, 584-) If due notice of non-acceptance is given, the holder may immediately proceed against the drawer and in- dorsers, without waiting for the ma- turity of the bill. (Id.) Where the holder of a bill of ex- change transmits it to his agent for presentment to the drawee, such agent has no right to receive any- thing short of an explicit and un- equivocal acceptance, without giving 1 072 Forms of notice to the holder, as in case of non-acceptance; and he will be liable for any loss the holder may sustain in consequence of his neglect to do so. (Id.) The custom of merchants requires that there should be a protest in case of the non-acceptance of a foreign bill of exchange; and the proper of- ficer to make this protest is a notary public, unless it is to be made at a place where there is no notary; and then it may be by a substantial son of such place, in presence of or more witnesses. (Chanoini Fowler, 3 Wend. 176, per Marcj citing Bayley on Bills, 165.) The general rule in this coui as in England, is that inland bill exchange and promissory notes 1 not be protested for non-accepti or for non-payment. (Miller v. H ley, 5 Johns. 675.) No. 968. Notice to tadorser, etc., of demand and refusal of paymen promissory note or draft. [ Bank], ■ N.Y., Take notice that the promissory note (or, draft) made drawn) by you [or, by C. W. (upon F. P.)], for j^ ( lars (and interest), dated , i , payable to your or (or, to the order of A. B. ; or, to bearer), at , paya this day (indorsed by you), is protested for non-payment 1 non-acceptance), and that A. B., the holder, looks to you the payment thereof, payment (or, acceptance) of the sa having been this day (or, on the day of , i — duly demanded and refused.^ Your obedient servant, C. S., Notary Public To M. N. (and P. F.) I. Due presentment for payment and notice of non-payment to the in- dorsers of a promissory note are conditions precedent to the liability of the indorsers. (Cayuga Co. Bank V. Warden, i N. Y. 417.) The same rule applies to the drawer or indorser of a bill of exchange. (Wing V. Terry, 5 Hill, i6i; Com- mercial Bank of Albany v. Hughes, 17 Wend. 97.) A notice that in terms, or by ne sary implication or reasonable tendment, informs the indorser the note has become due, has been presented to the ma and payment refused, is sufEci (Hodges V. Shuler, 22 N. Y. 114, affg S. C, 24 Barb. 68.) Such a notice is invalid only w it fails to give that information wl it would have given but for its Promissory Notes, Bills and Checks. 1073 ticular imperfection ; and even in case the notice itself be defective, if, from evidence aliunde of the attend- ant circumstances, it is apparent that the indorser was not deceived or mis- led as to the identity of the dishon- ored note, he will be charged. (Id., p. 119O A note is well described when its maker, payee, date, amount, and time and place of payment are stated. (Id. 119.) See, also, The Artisans' Bank v. Backus (36 N. Y. lOo, io6, aff'g S. C, 31 How. Pr. 242) ; Cayuga Co. Bank v. Warden (i N. Y. 413; S. C, 6 id. 19); Cook V. Litchfield (9 id. 279; S. C, 2 Bosw. 137); Youngs v. Lee (12 N. Y. 551); Home Ins. Co. V. Green (ig id. 518); Wynn v. Alden (4 Den. 163); Dole v. Gold (5 Barb. 490); Knopfel V. Seufert (ri N. Y. Leg. Obs. 184); McButt v. Hogo (2 Hilt. 31); Pahquioque Bank v. Mar- tin (11 Abb. Pr. 2gi); Davenport v. Gilbert (6 Bosw. 179); De La Hunt v. Higgins (9 Abb. Pr. 422); Walms- ley V. Acton (44 Barb. 312); Bank of Cooperstown v. Woods (28 N. Y. 545); First Nat. Bank of Groton v. Crittenden (2 T. & C. 118); Arnold V. Kinlock (6 Alb. L. J. 196, rev'g S. C, 50 Barb. 94^; Lake Shore Nat. Bank v. Butler Colliery Co. (51 Hun, 63; 20 N. Y. State Rep. 68)5, 3 N. Y. Supp. 771); Gessar v. Smfth (18 N. Y. State Rep. 1013; 2 N. Y. Supp. 655), further as to sufficiency of no- tice, and of service thereof. Notice of the dishonor of a note or bill need not be in writing ; verbal no- tice is sufficient. (Woodin v. Foster, 16 Barb. 146) Cuyler v. Stearns, 4 Wend. 566; Cayuga Co. Bank v. Warden, i N. Y. 413, 417.) Where the maker of a note, on its becoming due, pays part of the amount to the holder, a general no- tice of non-payment to the indorser, without mentioning the part payment, is good. Qames v. Badger, i Johns. Cas. 131.) Where the notice was dated on the 4th day of July, and stated that pay- ment had been that day demanded, he!d, that the indorser was dis- charged. (Ransom v. Mack, 2 Hill, 587.) Where one of a set of exchange has been accepted and protested for non- payment, presenting the protest of the accepted bill, together with one of the set which has neither been ac- cepted nor protested, to the indorser, and demand of payment will be suf- ficient to charge him. (Kenworthy v. Hopkins, i Johns. Cas. 107.) As to time of service of notice, see Cuyler v. Stevens (4 Wend. 566); Howard v. Ives (i Hill, 263); West River Bank v. Taylor (7 Bosw. 466); Farmers' Bank of Bridgeport v. Vail (21 N. Y. 485); Etheridge v. Ladd (44 Barb. 69); Smith v. Poillon (87 N. Y. 590.) As to manner of service, see Ransom v. Mack (2 Hill, 587); Sheldon v. Benham(4 Hill, 129); Laws of N. Y. of 1857, chap. 416, § 3, p. 839; Laws of 1835, chap. 141, § i, p. 152; N. Y. R. S., 7th ed., 2245, 2246; Manufacturers and Traders' Bank v. Hazard (30 N. Y. 226); Bart- lett v. Robinson (39 id. 187, aff g S. C, 9 Bosw. 305); West River Bank v. Taylor (34 N. Y. 128); Chapman v. Union Bank (32 How. Pr. 95); Ward V. Perrin (54 Barb. 89); Fassin v. Hubbard (55 N. Y. 465); Requa v. Collins (51 id. 144); Gawtryv. Doane (51 id. 84, aff'g S. C, 48 Barb. 148); Harden v. Boyce (59 id. 425); Hub- bard v. Matthews (54 N. Y. 43); Green- wich Bank of N. Y. v. De Groot (7 Hun, 210); Mechanics and Traders* Bank v. Crow (5 Daly, 91); Baer v. Lippert (12 Hun, 516); Wyner v. I074 Forms of Scheppert (6 Daly, 538; S. C, 55 How. Pr. 156); Price v. McGoIdrick (2 Abb. N. C. 69); Black v. Ryder (5 Daly, 304); Borst v. Winkel (14 Hun, 138); House V. VHnton Co. Nat. Bk., (i N. E. Rep. 129, 135); Belts v. Cox (2 City Ct. 31). The indorser may, prior to ma- turity, waive the conditions of de- mand and notice of non-payment. The waiver may be made either ver- bally or in writing. It is not necessary that the waiver should be direct positive. It may result from imp tion and usage, or from any ur standing between the parties w is of a character to satisfy the c that a waiver is intended. The sent must, however, be clearly es lished and will not be inferred i doubtful or equivocal acts or guage. (Cady v. Bradshaw, iit Y. 188; 26 N. Y. State Rep. 51 No. 969. Form of agreement of waiver of demand and notice indorser. I, C. B., do hereby, for value received, waive dema notice of demand, and non-payment, protest, and notice protest of the within note (or, of the note of A. F., for — dollars, dated , i , payable to my order (or, to order of A. F.) - Dated , i- after date, at, etc., with interest).^ C. E I. In a strict and technical sense, S. C, 3 Den. 16.) See, also, Buc the term Jiroies/, when used in refer- v. Bentley (42 Barb. 646); Sam ence to commercial paper, means Same (48 id. 283) ; De Grool only the formal declaration drawn Blake (Anth. N. P. 297); Osv up and signed by a notary; but in a Bank v. Knower (Hill & D. Si popular sense, and as used among 122) ; Harrington v. Dorr (3 R men of business, it includes all the 275); Porter v. Kemball (53 E steps necessary to charge an in- 467); Sheldon v. Horton (43 N dorser. Therefore, when an indorser 93) ; Prout v. Pickering (56 of a note, before its maturity, wrote 650); Driggs v. Driggs (11 N to the holder, saying: " Please not State Rep. 256); Nat. Hudson E protest T. B. C.'s note, due, etc., and Bank v. Reynolds (57 Hun, 307 I will waive the necessity of the pro- N. Y. State Rep. 124; 10 N, test thereof," kelii, that this dis- Supp. 669); Cady v. Bradshaw, < pensed with a demand of the maker in note i to last form, No. 968, ge and notice to the indorser. (Cod- ally as to waiver, dington v. Davis, i N. Y. i85, aff'g Proof of Loss by Fire to Insurance Co. 1075 CHAPTER XXXVI. Forms of Proof of Loss by Fire to Insurance Company. No. g70. Notice to insurance company of loss by fire. 971. Statement of loss by fire to insurance company. 972. Same statement, another form. 973. Same statement, when claim does not exceed one hundred dollars. 974. Schedule of property and appraisal of damages to be annexed to form No. 972. No. 970. Notice to insurance company of loss by fire. To the (name of company) : The building owned by me, situated on street, in the (city) of , and which was insured by your company, by policy No. , was injured or destroyed by fire this morning. The origin of the fire was (briefly stating same) (or, is to me unknown). The proofs of loss will be forwarded to your company as soon as they can be prepared.^ Dated , i . A. B. I. The condition in a fire insurance the want of immediate notice is policy requiring immediate notice of waived by the acceptance of formal loss and proof thereof within sixty proofs of loss without objection on days is a precedent one, and its non- that ground, the refusal to pay being performance is a bar to a recovery on on the ground that the policy had the policy. (Quinlan v. Providence been canceled, and it appearing that Washington Ins. Co., 39 N. Y. State the company's agent was at the fire, Rep. 820; 15 N. Y. Supp. 317.) No- and that its general officers knew of tice written thirty-three days after the fire soon after it happened. (Her- loss, Af/rf, not a sufficient compliance mann v. Niagara Fire Ins. Co., 100 with the condition, and failure to fur- N. Y. 411.) nish proofs of loss until seven See, also, GufFey v. N. Y. Central months had elapsed, held, also, a Ins. Co. (100 N. Y. 417); Brown v. bar. (Id.) London Ins. Corp. (40 Hun, loi). The objection on the ground of 1076 Forms of No. 971. Statement of loss by fire to insurance company. No. of policy. Amount of policj To the (insert name of company), of : By your policy of insurance, No. , issued at dated , i , commencing the day of , i and expiring the day of , i , at 12 o'clock, noor you insured A. B. against loss or damage by fire to th amount of dollars, according to the terms and condi tions printed therein, the written portion and all indorse ments, transfers and assignments being as follows : (Here in sert same in full.) Which said policy was continued in foro by Renewal No. , until the day of , i , at i: o'clock, noon. The total insurance on said property, or any part thereof at the time of the fire, including the above mentioned policy was dollars ($ ), and no more, as specified ii " Schedule A " hereto attached. Full copies of the writtei portions of all policies and indorsements are hereto annexed or will be furnished on demand. The property described in said policy belonged at the tim( of the fire hereinafter mentioned, to me, A. B. (or, to C. D.) and no other person or persons had any interest therein, ex cept as mentioned below. That said real estate is owned in fee simple (or, held 01 lease for years.) The nature and amount of incumbrance at time of th( fire, upon said property, was as follows : (stating same) The building described, or containing the property describee in said policy, was occupied at the time of the fire as follows (stating occupation), and for no other purpose. No assignment, or transfer, or incumbrance, or change o ownership or occupancy of the property described has beei made since the issue of said policy, except as follows : (stati ■ assignment, etc.). Proof of Loss by Fire to Insurance Co. 1077 A fire occurred on the day of hour of — o'clock, — M. about the The cause of said fire was (stating origin of fire so far as known to deponent). The actual cash value of each specific subject thus situ- ated and described by the aforesaid policy at the time of loss, and the actual loss and damage by said fire to the same, as shown by annexed Schedule " B," and for which claim is hereby made, was as follows : Sound value. Total loss. Total insurance. Amount named in this policy. Claimed under this policy. Fifth item of policy ' Total Amount claimed of this company, dollars -)■ The said fire did not originate by any act, design or pro- curement on the part of assured, or this affiant, or in conse- quence of any fraud or evil practice done or suffered by said assured, or this affiant ; nothing has been done by or with the privity or consent of the assured, or this affiant, to violate the conditions of the policy, or render it void ; no articles are mentioned herein but such as were in the build- ing damaged or destroyed, and belonging to and in posses- sion of the said assured at the time of the said fire ; no property saved has been in any manner concealed, and no attempt to deceive the said company, as to the extent of said loss, has in any manner been made. Any other information that may be required will be fur- nished on call, and considered a portion of these proofs. [It is expressly stipulated that there has been no waiver of any of the rights or defenses of this company by the fur- nishing of this " Proof of Loss " blank to the assured, or 1078 Forms of making up of proofs by an adjuster, or any agent of company or companies named herein, or in any otiier i whatever.] Witness my hand at the (city) of , this daj , I .' (Signature of claimant Personally appeared A. B., signer of the foregoing st; ment, who made solemn oath to the truth of the same, ; that no material faet is withheld that the said comp; should be advised of, before me, this day of , i . L,i State of — County of ■ I, A. B., of, etc., a (stating ofificial title of magistrate), siding in the (city) of , most contiguous to the prope hereinbefore described, hereby certify that I am not c cerned in the loss or claim above set forth, either as a ci itor or otherwise, or related to the assured or sufferers ; t I have examined the circumstances attending the fire i damage as alleged, and that I am well acquainted with character and circumstances of the assured, and do ve believe that the assured has by misfortune, and with fraud or evil practice, sustained loss and damage on property described in said policy to the amount of - dollars. In testimony whereof, I have hereunto set my hand ; [L. S.j official seal this day of , A. D., i . A. B., (Official description. Proof of Loss by Fire to Insurance Co. 1079 il li '2 • 11 as Is ;| is ■If : li 1- 3.1 ,0 s E-3 la jft id 5.0 i H io8o Forms of Schedule " B " — Statement of Loss. ' (Indorsed) : Claim No- Proof OF Loss. Paid. Policy No Amount of Policy Assured Date of Fire Proof Received Amount Claimed . . Amount Allowed . Less Discount Amount Paid Adjuster i_ I. See note 3 to form No. 972. Proof of Loss by Fire to Insurance Co. io8i No. 972. statement of loss by fire to insurance company, another form. To the (name of company). 7^.\ State of County of- On this day of , A. D. i , before me A. B., a {notary public) duly commissioned and sworn, and residing in the (city) of , in the said county and State, person- ally came M. N. (and O. P.) (inserting name or names of insured or assignee), who, being duly sworn, deposes and says (or, depose and say) (and each for himself says). That the following statement, and the papers referred to therein, and signed by him (or, them) contain a particular, just and true account of his (or, their) loss, as follows, viz.: 1. That on the day of , A. D. i , the said company, by its policy of insurance No. , issued by it (or, by its agent C. R.) at the (city) of , in the State of (New York) insured him (or, C. D.) against loss or dam- age by fire to the amount of dollars, etc. (here insert in full the written part of the policy) for the term of (one year) from the day of , A. D. i , to the day of , A. D. I (which policy was continued by renewal thereof No. from the day of , A. D. i , to the day of , A. D. i ), at noon. 2. That in addition to the amount of insurance made by said policy, there was ( dollars of other concurrent in- surance, made thereon, as will appear from the schedule hereto annexed, marked Schedule A, which shows the name of each company, the date, time and amount of each policy (the rate of premium and the entire written portion thereof, besides which there was) no other insurance thereon. 3. That the actual cash value of the property so insured amounted to the sum of dollars, at the time immediately preceding the fire, hereinafter mentioned, as will appear by the schedule hereto annexed, marked Schedule B, contain- ing a full and accurate description of each kind of property, 136 io82 Forms of and the value thereof, and of the loss and danlage on e separately stated.^ 4. That the said property insured was owned by (stai names of owners of property and their interests, and in ( of real estate, stating whether it is owned in fee simpk held by lease). 5. That the building insured (or, containing the prop( destroyed or damaged) was occupied in its several parts the persons (and, corporations) hereinafter named, and the following purposes, namely : (stating same) and for other purposes whatever. 6. That a fire occurred on the day of , A. I , by which the property insured was destroyed or jured to the amount of dollars, as set forth in this st ment and the several schedules and papers annexed ther which the deponent (or, deponents) declares (or, declare] be a just, true and faithful account of his (or, their) loss far as he (or, they) have been able to ascertain the sa And the insured (or, said assignee) claims (or, claim) of said (name of company) the sum of dollars, as folio dollars on (stating property) ; dollars on (stat property, and so on as to each parcel).^ 7. That the said fire originated (stating manner, so fai known), and this deponent (or, these deponents) further clares (or, declare) that the said fire did not originate by act, design or procurement on his (or, their) part, or in ( sequence of any fraud or evil practice done or suffered him (or, them), and that nothing has been done by his their) privity or consent to violate the conditions of said surance, or to render the said policy void ; and that he they) will, when required by said company, furnish full ticulars exhibiting the construction of the building insu (or, containing the said property insured), its dimensions condition at the time of said fire, and such further infor tion as shall be required by said company concerning said property, the damage thereto and the insurance then 8. That there was an incumbrance by upon said p; erty at the time of said fire, amounting to the sum of - Proof of Loss by Fire to Insurance Co. 1085 dollars (or, that there was, at the time of said fire, no in- cumbrance upon said property). (Signature of claimant.) Witness, etc. (as in form No. 971).^ (Jurat, as in form No. 32.) (Annex schedules and papers referred to in statement, and certificate of magistrate, following last form. No. 971.) 1. If the property was held in trust, and Mersey Co. Marine Ins. Co., 38 or on commission, state in the sched- Hun, 246.) ule the names of the owners, marks See, also, Craighton v. Agricul- and numbers, and the insurance, if tural Ins. Co. (39 Hun, 319); Dowd any there be, made by the consignees v. American Fire Ins. Co. (41 id. 139); or owners thereof. Clover v. Greenwich Ins. Co. (loi 2. State the property in parcels, so N. Y. 277); O'Reilly v. Corporation as to correspond with the subdivis- of London Assurance (ig N. Y. ions of the policy. Week. Dig. 147); Bennett v. Agri- 3. The necessity of furnishing cultural Ins. Co. (15 Abb. N. C. 234); proofs of loss as required by the Aldrich v. Home Ins. Co. (20 N. Y. terms of the policy, heU, waived by Week. Dig. 70); Chamberlain v. In- a letter from the company's general surance Co. of N. A. (3 N. Y. Supp. agent, admitting the receipt of proofs 701 ; 20 N. Y. State Rep. 543), among of loss, and denying all liability on other recent cases. other grounds. (Boice v. Thames No. 973. Statement of loss, when claim does not exceed one hundred dollars, with receipt therefor. To the (name of company) of . State of , ss.. County of A. B., of, etc, being duly sworn according to law, deposes and says, that the (insert name of company), through its agency at the (city) of , did issue to deponent (or, to C. D.) its poHcy of insurance, No. (renewed by renewal re- ceipt,No. ), said policy expiring on the day of , I , and insuring as follows : $ on , $ on (and so on as to each parcel insured), and that by a fire which occurred on the day of , i , and originated from (stating origin of fire so far as known), the assured has sustained actual loss and damage, under the terms of said d84 Forms of olicy, according to statements attached hereto as follows : on , $ on (and so on as to each parcel, > above, corresponding with policy). There was an incum- rance (or, incumbrances) upon said property to the amount E dollars. That the following is a list of the whole insurance on said roperty, and the amount of claim against each company: ■Jame of company) insurance company, insures $ , pro- ortion is $ , (name of company) insures $ , propor- on is $ . (Insert here the clause of form No. 971, beginning: That le said fire did not originate, etc.)^ A. B., Claimant. (Jurat, as in form No. 32.) I hereby certify that the above claim is just and true, to le best of my knowledge and belief. CD., Agent. Received of the insurance company of , through . D., its agent at the (city) of , the sum of dollars, sing in full satisfaction of all claims for partial loss or dam- je by fire under its policy. No. , issued at the agency [ the said company, and in consideration of said payment, le sum insured is reduced that amount, leaving dollars ow in force on said policy. Having signed duplicate receipts. A. B. Date of fire , i . Proof of Loss by Fire to Insurance Co. 1085 Indorsed : — Insurance Company of Statement of Loss. JVssured .Agency. Policy No. On_ On- Amount of Claim- Amount Awarded^ Date of Fire Proofs Received- Paid by I. See note 3 to form No. 972. io86 Forms of No. 974. Schedule of property and appraisal of damages, to be uexed to form No. 972. Schedule " B," Referred to in Annexed Statemi Quantity. NAMES OF ARTICLES. Cash Value. Appraised Dama Particular. Aggregate. Particular. Aggre Protest — Notice of. See Promissory Notes, etc. Receipts. 1087 CHAPTER XXXVII. Forms of Receipts. No. 975. Receipt for money, articles, etc. No. 975. Beceipt for money, articles, etc. $ . Received this (or, the) day of , i , from A. B. (by the hand of C. D.), the sum of dollars [or, the following articles (books, papers, etc.), viz.: (describing them) ; or, the articles, etc., described in the annexed sched- ule] on account of (or, in full oP) amount due me for interest (or, principal) upon his bond and mortgage (or, for rent upon lease of premises No. , etc. falling due , I , or, in full of all demands against him ; or, state other purpose of payment, or manner in which payment is to be applied, or purposes, etc., for which articles, etc., are de- livered).^ E. F. [by G. H., his Agent (or Attorney)]. I. A receipt in full is open to 2. The rule allowing parol evi- proof that no money was paid, but dence to vary or explain a receipt is only a check given in payment, limited to a technical receipt in the which was dishonored. (Houston v. strict sense of that term, and not to Shindler, ii Barb. 36.) a clause in the nature of the contract. A receipt, whether in full, or (Graves v. Friend, 5 Sandf. 568.) otherwise, is only prima facie evi- An instrument in writing, in form dence of the facts stated therein, and as follows: " Received, Brookfield, may be controverted or explained by July 11, 1849, of Wm. D. Knap, parol evidence. This grows out of $40, in full, for damages done to us the fact that a receipt is not a con- by the stage accident of the 13th tract, but a mere declaration or ad- June last," is not a simple receipt mission in writing. (Serat v. Smith, which can be varied or explained by 61 Hun, 36, 44; Ryan v. Ward, 48 parol evidence; it is in the nature of N Y. 207.) a release, and in evidence of a satis- io88 Forms of faction of the claim of the person making it, and unless shown to have been obtained by fraud, bars such claim. (Coon v. Knap, 8 N. Y. 402.) A receipt of payment for a bill of goods, unexplained or uncontra- dicted, is conclusive against a recov- ery for the goods. (Lambert v. Siely, 17 How. Pr. 432.) Payment of a less sum though accepted in full of a certain debt, and receipt in full therefor and for all demands, given, is notgood as an accord and satisfaction. (Harrison V. Close, 2 Johns. 448; Seymour v. Minturn, 17 id. 169; Dederick v. Leman, 9 id. 333.) See, also, Thomas v. McDaniel (14 Johns. 185); Green v. Rochester Iron Manuf. Co. (i T. & C. 5); Rourke v. Story (4 E. D. Smith, 524); Bogart v. Van Velsor (4 Edw. 718); Buchanan v. Cheseborough (5 Duer, 238); Jennerv. Joliffe(g Johns. 381); Riley v. White (6 N. Y. Leg. Obs. 292); Buckingham v. Oliver (3 E. D. Smith, 129); Taylor v. Harlow (11 Barb. 36); Hendrickson v. Beers (6 Bosw. 639); Brewster v. Silence (8 N. Y. 213); Higby v. N. Y. & Harlem R. R. Co. (3 id. 497); Bates v. Cobb (5 id. 29); Van Nest v. Talmadge (17 Abb. Pr. 99); Sheldon v. Atlantic Fire & Marine Ins. Co. (26 N. Y. 460); Buswell V. Poineer (37 id. 312); McDougall V. Cooper (31 id. . Eaton V. Alger (2 Keyes, 41); B; V. Union Life Ins. Co. (6 Abb. N. S. 144); Colburn v. Lansing Barb. 37); Coulter v. Board of 1 cation, etc., of N. Y. (4 Hun, • Joslyn V. Capron (64^ Barb. ] Churchill v. Bradley (43 N. Y. Su 170); Smith v. Holland (61 N, 635); Howe Machine Co. v. Fi (8 Hun, 174); Cutter v. Mayor (i, Y. Week. Dig. 296); Swift v. J of New York (89 N. Y. 52, rev' C, 26 Hun, 508); Fredenbur] Biddlecome (17 N. Y. Week. ! 25); People, ex re/. McDonougl: Buffalo State Asylum (96 N. Y. ( Brewer v. Union Pacific R. R. (31 Hun, 545); Ricard v. Layti Dem. 587); Peck v. Peck (20 N Week. Dig. 83; aff'd, 99 N. Y. ( Bedell v. Van Hage (24 N. Y.W Dig- 273); Matter of Dunkel(5 L 188); Fickettv. Cohn (16 N. Y. S Rep. 709); Danziger v. Hoyt (46 1 270; affd, S. C, 120 N. Y. igo); ker V. Union Mut. Life Ins. Co. N. Y. 283, rev'g S. C, 6 Abb. ^ 144); McKenzie v. Harrison (12c Y. 260); Behrman v. Linde(23 N State Rep. 490; 5 N. Y. Supp. i Pfeiffer v. Campbell (ill N. Y. ( Serat v. Smith (61 Hun, 36); Gi man v. Dodd (63 id. 324), furthe to effect of receipt. Recognizances. 1089 CHAPTER XXXVIII. Forms of Recognizances. No. 976. Recognizance of prisoner with sureties for his appearance. 977. General form of recognizance. No. 976. Becognizance of prisoner with sureties for his appearance. State of New York, County of -, Be it remembered, that on this day of , i , C. D., of, etc., and F. M., of, etc., a (state occupation) and G. H., of, etc., a (state occupation) personally appeared be- fore M. N., a justice of the Supreme Court (or, name court or magistrate) and jointly and severally acknowledged them- selves to be indebted to the people of the State of New York, in the sum of dollars, to be levied of their respective goods and chattels, lands and tenements, to the use of said people, if default shall be made in the conditions following : Whereas, C. D., above named, is in the custody of the sheriff of the said county of , under a commitment from N. 0., a justice of the peace for the town of , in said county, from which commitment it appears that the said C. D. is charged with the crime of (naming it) committed within said county (or, state otherwise according to the facts). And whereas, an order was made by Hon. F. H., a justice of the Supreme Court, dated , i , directing the discharge of the said C. D., upon bail being given by him, in the sum hereinafter mentioned, for his appearance at the term of the court hereinafter mentioned, as required by law (or, state other matters, as required) : Now, therefore, the condition of this obligation is such, that (if the said C. D. shall personally appear at the next 137 109° Forms of court of , to be held in and for said county of , and there to answer to an indictment to be preferred ag. him for the said offense and further to do and receive i shall, by the said court, be then and there enjoined upon and shall not depart the said court without leave), then recognizance to be void ; otherwise to remain in full f and virtue.^ C. D. [L. E F. M. [L. s G. H. [L. s Subscribed and acknowledged before me the day and ) first above written, by (C. D.)^ F. M. and G. H. M. N., Judge, etc State of New York, ) County, f F. M. and G. H., being severally duly sworn, each for h self deposes and says, that he is one of the sureties nan in the foregoing recognizance; that he is a resident i householder of the county of , and is worth the sum — — dollars^ over and above the demands against him. F. M G. H (Jurat, as in form No. 32.) (Approval, substantially as in form No. 302.y I. A recognizance is defined to be tain all the substantial parts of an obligation of record, entered into indebtedness; an entry of the before a court or officer duly author- that the recognizance was taker ized for that purpose, conditioned to not suflicient. (People v. Grahi do some act required by law therein i Park. Cr. 141.) specified. (People v. Felton, 36 See, also. People v Kane (4 D Barb. 429.) 530, overruling People v. Koebe It is not necessary to set forth Hill, 39; and People v. Young, therein the offense with the particu- 44); People v. Hammond (26 N. larity required in an indictment. State Rep. 486; 7 N. Y. Supp. 2 (People V. Blankman, 17 Wend. 252.) People v. Hickey (5 Daly, 365; ai A recognizance taken pursuant to 59 N. Y. 83); People v. Scott (67 2 New York Revised Statutes, 746, Y. 585); People, ex rel. Devlin, § 24, must be entered in the minutes Oyer and Terminer (7 Hun, 114) of the court, and the entry must con- to form and effect of recognizar Recognizances. 109 i As to filing same, see Laws of N. Y. Code of Civil Procedure in proceed- of 1861, p. 781, chap. 333, § 2. ings upon habeas corpus or certioraii 2. Failure of the principal to ac- to inquire into the cause of detention, knowledge his signature to an under- It is not necessary in that proceeding taking for his appearance for trial that the prisoner should appear in does not affect the liability of the person before the judge to acknowl- sureties who have properly executed edge the recognizance, but it may be it. (People V. Hammond, 26 N. Y. acknowledged by the prisoner, and State Rep. 486; 7 N. Y. Supp. 219.) certified in like manner as a deed to See, also, note 3 to this form, and be recorded in the county. section 2046 of N. Y. Code of Civil 4. This certificate is required in Procedure therein referred to. the case provided for in section 2046 3. Twice the sum in which he is of N. Y. Code of Civil Procedure, required to be bound. This affidavit cited in note 3 to this form. is required by section 2046 of N. Y. No. 977. General form of recognizance. County of , ss.: We, A. B. and C. D., acknowledge ourselves to be jointly and severally indebted to the people of the State of (New York) in the sum of dollars, to be paid if default shall be made in the condition following : The condition of this recognizance is such, that if, etc. (stating same), then this recognizance to be void, otherwise to be and remain in force.^ M. F. [L. s.] G. R. [L. s.] Taken, subscribed and acknowledged (in open court) the day of , in the year i , before me. (Signature and title of Magistrate or Clerk.) I. See note i to last form, No. 976. Releases. 5f£ Agreements ; Deeds. Sherift's Certificates. See Deeds. 1092 Forms of CHAPTER XXXIX. Forms of Shipping Articles. No. 978. Shipping articles. No. 978. Shipping articles. It is agreed, between the master and seamen c of the (name of ship), of which A. M. is master, n from the port of , for ,' That in considera monthly or other wages against each respective mariner's name hereunto set, they severally sha perform the above mentioned voyage ; and the s; doth hereby agree with, and hire the said seamen c for the said voyage, at such monthly wages or pi paid pursuant to this agreement, and the laws of tl of the United States of America, and the custom of the port of . And they, the said seamen o do hereby promise and oblige themselves to do and obey the lawful commands of their officers on said vessel, or on board the boats thereunto he. becomes good and faithful seamen or mariners ; places where the said vessel shall put in, or anchor the said voyage, to do their best endeavors for thi tion of the said vessel and her cargo, and not to refuse doing their duty by day or night, nor shal the said vessel, on board any other vessel, or on sh any pretense whatsoever, without leave first obt£ the captain, or commanding officer on board. Tha' thereof they will be hable to the penalties mentio act of congress for the government and regulation in the merchants' service, in which is enacted, " T seaman or mariner shall absent himself from on Shipping Articles. 1093 ship or vessel, without leave of the master, or officer com- manding on board ; and the mate, or other officer having charge of the log-book shall make entry therein of the name of such seaman or mariner on the day on which he shall so absent himself ; and if such seaman or mariner shall return to his duty within forty-eight hours, such seaman or mariner shall forfeit three days pay for every day which he shall so absent himself, to be deducted out of his wages ; but if any seaman or mariner shall absent himself for more than forty- eight hours at one time, he shall forfeit all the wages due to him, and all his goods and chattels which were on board the said ship or vessel, or in any store where they may have been lodged at the time of his desertion, to the use of the owners of the ship or vessel ; and, moreover, shall be liable to pay to him or them all damages which he or they may sustain, by being obliged to hire other seamen or mariners in his or their place." And it is further agreed, by both parties, that each and every lawful command which the said master shall think necessary hereafter to issue, for the effectual govern- ment of the said vessel, suppressing immorality and vice of all kinds, be strictly complied with, under the penalty of the person or persons disobeying forfeiting his or their whole wages, or hire, together with every thing belonging to him or them on board said vessel. And it is further agreed, that no officer or seaman, belonging to the said vessel, shall de- mand or be entitled to his wages, or any part thereof, until the arrival of the said vessel at . the port of her dis- charge, and her cargo delivered. And it is further agreed between the rrtaster and officers of the said vessel, that whatever apparel, furniture and stores each of them may receive into their charge, belonging to said vessel, shall be accounted for on her return ; and in case anything shall be lost or damaged through their care- lessness or insufficiency, it shall be made good by such officer or seaman by whose means it may happen, to the master and owner of the said vessel. And whereas, it is customary for the ofificers and seamen, on the vessel's return home, in the harbor, and whilst her cargo is delivering, to go on shore each night to sleep, greatly to the prejudice of such vessel 1094 Forms of and freighters, be it further agreed by the said p; neither officer or seaman shall, on any pretense w be entitled to such indulgence, but shall do thei day in discharge of her cargo, and keep such watcl as the master shall think proper to order, for the pr of the same. And whereas, it often happens that f cargo is embezzled after being safely delivered int and as such losses are made good by the owners c sel, be it therefore agreed, by these presents, that officer or seamen the master shall think proper t shall take charge of her cargo in the lighters, and i to the lawful quay, and there deliver his cargo to t husband, or his representative, or see the same saf« That each seaman and mariner who shall well and form the above mentioned voyage (provided al' there be no plunderage, embezzlement or other unl committed on the said vessel's cargo or stores) shs tied to the payment of the wages or hire that ma due to him, pursuant to this agreement, as to theii severally affixed and set forth. For the due performance of each and every of mentioned articles and agreements, and acknowlec their being voluntary and without compulsion or clandestine means being used, agreed to and signe and in testimony thereof, we have each and every affixed our hands, the month and day against our fixed, and in the year of our Lord one thousand dred and ? (Signatures of master and s( Shipping Articles. 1095 c P3a is 1^ (u a > of 5* gS-B c •s IS 1096 Forms in Proceedings for the T. Under U. S. Revised Statutes, § 4520, shipping articles signed by a seaman at Philadelphia, describing the voyage as " from that port to Port- land, Maine, thence to one or more ports east, if required by the master, and back to a western port of dis- charge, term not to exceed two months," are sufficiently precise and definite to be binding upon the parties.' (U. S. V. Bain, 5 Fed. Rep. 192.) Where a mariner shipped on a voyage to the Pacific ocean, "or elsewhere," on a trading voyage, and from thence back to Boston, with a stipulation that two months' wages should be paid at Canton, the voyage being in fact a trading voyage to the north-west coast for furs, — Held, that the outward voyage terminated at Canto.n, and a return to the north- west coast from Canton was not au- thorized; and that therefore it was not a desertion in the mariner to leave the ship at Canton, the ship be- ing about to return to the north-west coast. (Brown v. Jones, 2 Gall. 477.) The words "or elsewhere" are either void for uncertainty, or are to be construed in subordination to the principal voyage. (Id.) Where the shipping articles do not describe the voyage in compliance with the requirements of the acts of 1790 and 1840, the seaman may leave the vessel at any time. (Snow v. Wope, 2 Curt. 301, afiTg i Sprague, 300; 8 L. Rep. N. S. 390.) Where, in the original articles for a whaling voyage, the time of its con- tinuance, though agreed upon, was accidentally omitted to be written out, held, that the defect could be supplied by written evidence. (The Antelope, I Low. 130.) 2. See U. S. Rev. Stats., §§ 4511- 4523, formerly act of June 7, 1872, chap. 332, amd. by act of January 15, 1873, chap. 35; 17 Stat. 410. Previous statutes to similar e were act of July 20, 1790, i Stat, act of July 20, 1840, 5 Stat. 394. What vessels and voyages, what seamen were within the pr( ions of the acts of 1790 and i above referred to, requiring ship articles in writing, see The lantl Ware, 126); The Australia (id. : Gladding V. Constant (i Sprague, Ex p. D'01ivera(i Gall. 474); The J Martin (2 Abb. U. S. 172); Woo: ton V. Lacy (8 L. Rep. N. S. 672); ham V. The Exporter (21 Int. ! Rec. no); Re Bryant (Deady, The City of Fremont (2 Biss. 411 In what cases shipping arti must be signed in presence of a e ping commissioner, under the ai June 7, 1872, or Rev. Stat., §§ 4 4512, above referred to, see U. The Grace Lathrop (95 U. S. 527, I Holmes, 342); U. S. v. City of Me (II Blatchf. 489, aff 'g 7 Ben. 31) The provision of the act of Jul; 1840, as to interlineations in ship articles, applies only to alteral which would vary their elfect in res to the seamen. (The Eagle,01c. ; It is not necessary, under titl of the U. S. Rev. Stats., that s ping articles should be signed be the seaman is received on bo (United States v. Thomas W. Ha 3 Fed. Rep. 347.) If signed after the vessel has her port of departure, they are binding upon the seaman; bu may leave the vessel at any without incurring the penaltie desertion. (The Theodore Perr; Int. Rev. Rec. 54.) Seamen may be forbidden by shipping articles to wear sh knives; also may be discharged a refusal to provide themselves suitable clothing and bedding fo voyage. (The George Burnha; Hask. 381.) Support of Bastards and Poor Persons, 1097 CHAPTER XL. Forms in Proceedings Before Magistrates Respecting the Support of Bastards and of Poor Persons. TITLE I. Proceedings Respecting Support of Bastards. No. 97g. Application to inquire into the facts as to bastards. 980. Examination of mother before magistrate. 981 . Warrant for arrest of reputed father. 982. Indorsement on warrant to be executed out of the county. 983. Indorsement on warrant by magistrate in another county. 984. Undertaking of father on arrest under warrant, form No. 983. 985. Certificate of discharge to be indorsed on warrant. 986. Undertaking upon adjournment of examination before two magistrates. 987. Subpoena to attend before magistrates on examination. 988. Warrant for mother to testify on examination. 989. Form of order of filiation or discharge. 990. Undertaking to be given bj' the defendant, under order of filia- tion, form No. 989. 991. Warrant of commitment of defendant. 992. Order of filiation made in the absence of the reputed father, who has been arrested in another county. 993. Warrant of commitment of mother who refuses to disclose the name of the father. 994. Summons to mother possessed of property in her own right. 995. Order upon return of summons, form No. 994. 996. Undertaking by mother, to appear at the next Court of Sessions, to answer concerning matters stated in order, form No. 994. 997. Order of magistrates reducing the amount to be paid by the parent. 998. Notice of application to Court of Sessions for increase or re- duction of amount directed to be paid by parent. 999. Notice of appeal from the order of two magistrates. 138 1098 Forms in Proceedings for the No. 979. Application to inquire into the &cts as to bastard. County of , ss.: To I. F., Esq., a justice of the peace (or, police justice' the county of : The undersigned, a superintendent of the poor (or, o seer of the poor) of (the town of , in) said county name other ofificer or officers making the application) her makes (or, make) application to you, pursuant to statut( such case provided, to inquire into the facts and circ stances of the case of A. B., who has been (or, is likely to delivered of a bastard, which is chargeable (or, is likel] become chargeable) to (the town of , in) the said coui Given under my (or, our) hand (or, hands) at , 1 day of , I } A. M. (Official title I. See N. Y. Code of Criminal McCullough (10 Johns. 93); Birc Procedure, § 840, as to this applica- v. Egerton (25 Wend. 619); Ri tion, and see, also, Sprague v. Ec- burgh v. Henness (4 Lans. 209). cleston (i Lans. 74); Wallsworth v. No. 980. Examination of mother before magistrate. County of , ss.: C. D., of the town of , in said county, being duly swc says : That she was, on the day of , i , de ered of a bastard child, which is (or, that she is now w child, and the child of which she is pregnant is likely to come) chargeable to the (town of in) said county, i that E. F., of , is the father of such child.' (Jurat, as in form No. 32.) C. D I. See section 841 of the New York deposition, and see People v. O Code of Criminal Procedure as to this seers of Ontario (15 Barb. 286). Support of Bastards and Poor Persons. 1099 No. 981. Warrant for arrest of reputed father. County of ss.: To any peace officer of the county of , greeting : Whereas, appHcation has been made to me by A. M., an overseer of the poor of the town of in said county (or, one of the superintendents of the poor of the said county of ; or, insert other official description), in order to in- demnify the said town (or, county) to inquire into the facts and circumstances of the case of A. B., of , in said county, who has been deUvered (or, is likely to be dehvered) of a bastard, which is chargeable (or, likely to become chargeable) upon said town (or, county). And, whereas, said A. B., upon her examination on oath before me, the under- signed, a justice of the peace of said county, this day had, did declare that, etc. (as in the examination, form No. 980). You are, therefore, hereby commanded, pursuant to stat- ute, in the name of the people of the State of New York, without delay to apprehend the said E. F., and bring him before me, at my office in , aforesaid, for the purpose ol having an adjudication as to the filiation of said bastard Given (as in form No. 979).^ M. N., Justice of the Peace. 1. See section 841 of the New York Code of Criminal Procedure, as to this warrant and its issue No. 982. Indorsement on warrant to be executed out of the county. I, the within named justice of the peace (or, police justice) hereby direct that the sum in which the defendant therein named shall give security, shall be dollars.' I. F., Justice of the Peace. I. See section 843 of the New York if the defendant resides in anothei Code of Criminal Procedure, as to county than that in which the war- this indorsement, which is to be made, rant is issued. iioo Forms in Proceedings for the No. 983. Indorsement on warrant by magistrate in another ooun1 County of , ss.: The within warrant, with the indorsement made ther by the magistrate by whom it was issued, of the sun which the defendant shall give security, having been sented by the officer to whom it was issued, to me, the dersigned, a (justice of the peace) of and residing in said (county) of ; and proof having been made to by the oath of M. N., of the signature of the magisti who issued the said warrant, I do hereby direct that i warrant be served in the said county of , in which resides. Given, etc. (as in form No. 979).' I. P., Justice of the Peac( I. See section 843 of the New York from liability to a civil or crin Code of Criminal Procedure, as to action, though it afterward ap this indorsement. Upon the above that the warrant was illegally or proof, the magistrate indorsing the properly issued, ■warrant is, by that section, exempted No. 984. Undertaking of fether on arrest under warrant, form No. 9 Whereas, E. F. has been brought before me, M. N., a , tice of the peace of the county of , by virtue of a v rant issued by R. S., a justice of the peace of the countj , whereon my name (or, the name of L. M.) is indors with authority to arrest the said E. F., in the said countj , in which warrant it is recited that A. B., of said county of , upon her examination on oath bef the said R. S., testified that she was on the day — I , deUvered of a bastard child, which is (or, that she i with child, and that the child with which she was pregnant i likely to become) chargeable to (the town of , in) s county of , and that said E. F. was the father of s child : Support of Bastards and Poor Persons. hoi Now, therefore, we, E. F., etc., do hereby, jointly and sev- erally, undertake, pursuant to statute, that the said E. F. and G. H., of, etc. (state occupation), and I. J., of, etc. (state occupation), will indemnify the said (town of , in the said) county of , and every other county, town or city, against any expense for the support of said bastard, or of its mother during her confinement and recovery, and will pay the costs of arresting the said defendant, and of any order of filiation that may be made, or that the said sureties will pay the sum indorsed on the warrant,^ to wit, the sum of dollars (or, that the said defendant will appear and answer the charge at the next Court of Sessions of the said county of , and obey its order thereon.)^ In witness, etc. (as in form No. i8i). (Signatures.) Signed and delivered in my ) presence, and the sureties >■ approved of, by me. ) M. N., Justice of the Peace. 1. See section 844 of the New ^ jhe reputed father of the child York Code of Criminal Procedure, ^^^^ „„( pay the amount certified for as to this bond, and see. also, People ,j,e ^^sts of apprehending him, the V, Meighan (i Hill, 298); People v. justi^,gs ^^^y issue a warrant for his Mitchell (4 Sandf. 466); Hoogland v. commitment, though he has executed Hudson (8 How. Pr. 343); People j^e undertaking. (People, ex rel. V. Tilton (13 Wend. 597)- Overseer of Hastings, v. Stowell, 2 2. Section 845, id., provides that Dem. 127.) when either of the undertakings When the undertaking has been mentioned in the last section is ^„^^^ but the costs are not paid, the given, the magistrate must discharge ^^.^nt should direct the father to be the defendant. If the first require- .^j^iy ^ept until discharged by the m.nts are inserted, omit the one in court of General Sessions, or until he parenthesis; but if the requirement in g^all pay the costs. (Id.) parenthesis is inserted, omit the pre- vious ones. (See authorities above cited in note i to this form. ) 1 102 Forms in Proceedings for the No. 985. Certificate of discharge to be indorsed on warrant, on gi^ of undertaking, form No. 984, by defendant. County of , ss.: I hereby certify that the within named defendant, \ was brought before me, a justice of the peace of the cou of , by virtue of the within warrant, was dischari from arrest by me upon his executing an undertaking, j suant to the statute, and paying the amount certified for costs of his arrest and of the order of fihation.' Given, etc. (as in form No. 979). M. N., Justice of the Peace I. See section 845 of the New ex rel. Overseers of Hastings York Code of Criminal, Procedure, Stowell (2 Den. 127), cited in no( as to this certificate; and see People, last form, No. 984. No. 986. Undertaking upon adjournment of examination before 1 magistrates. Whereas, E. F., of , has been this day brought bef and , two of the justices of the peace of the cou of , charged upon the oath of A. B., of , to be reputed father of a bastard child, with which the said A alleges she is pregnant (or, of which said A. B. alleges t she has lately been deUvered), the said justices being ai ciated, pursuant to statute, to inquire into the charge, ; determine who is the father of the bastard (or, of such cl likely to be born a bastard). And whereas, upon the ap cation of the said defendant, and for good cause, the ; magistrates have determined to adjourn the examination said matter, and their determination thereupon, upon execution of this undertaking, until the day of — \ , at o'clock in the noon, at the ofifice of said , in, etc. : Now, therefore, we, the said E. F. and M. R., of, etc. (si occupationy, and P. F., of, etc. (state occupation), do her Support of Bastards and Poor Persons. 1103 jointly and severally undertake, pursuant to statute, that the said E. F. will appear before the said magistrates at the said time appointed, or that the said M. R. and P. F. will pay the sum of dollars. In witness, etc. (as in form No. i8i.y (Signatures.) (Attestation and approval, as in form No. 984.) I. See section 849 of the New York the bastard and its mother, as pro- Code of Criminal Procedure as to vided In section 851, id. See, also, this undertaking. The sum men- People v. Jayne (27 Barb. 58); Peo- tioned therein must be a full indem- pie v. Boardman (24 How. Pr. 512). nity for the expense of supporting No. 987. SubpcBua to attend before magistrates on examination. To I. J. and K. L. : You and each of you are hereby commanded and required personally to be and appear before and , two of the justices of the peace of the county of , forthwith (or, on the day of , i , at o'clock in the noon), at the office of , at , in said county, to testify what you know touching the father of a bastard child, wherewith A. B. alleges that she is pregnant (or, of which A. B. has lately been delivered).^ Witness my hand at , this day of , i . M. N., Justice of the Peace. 1. See sections 846-852 of the New York Code of Criminal Procedure, as to this exatiiination. No. 988. Warrant for mother, to testify upon examination. County of ss. : To any peace officer of the county of , greeting : Whereas, we, the undersigned, two justices of the peace of said county, have, upon the application of , an over- seer of the poor of the town of , in said county (or, II04 Forms in Proceedings for the naming other applicant or applicants), associated, to statute, for the purpose of examining into the i a complaint made by said (naming applicants) that said town, is now pregnant with a child which is lik born a bastard (or, has lately been delivered of i child, in said town), which has become (or, is lik( come) a charge upon said town (or, county), and ■ , having been brought before us this day, cl being the putative father of said child. (*) Now, therefore, in order that the said A. B. may ined before us on oath, and in the presence of E. F., touching the father of said child, you are hei manded to bring the said A. B. forthwith before us in , aforesaid. Given etc. (as in form No. 979) (Signatures of ju Justices, et No. 989. Form of order of filiation or discharge. As in form No. 988, to (*), and from thence as And said A. B., having been duly examined by us, in the presence of the said E. F., touching the fath child, and we having also heard the proofs and alle| us offered in regard thereto, as well on the part and said applicant (or, applicants) as of the said E. F.; (f ) it appears that the said A. B. was, on the da last, delivered of a bastard child in said town (01 pregnant of a child, which, when born, will be a basi which is chargeable (or, is likely to become chargea said town (or, county), and that the said E. F. is (1 the father of such bastard child : Now, therefore, we do hereby adjudge the said E (or, not to be) the father of said bastard child ; anc we do hereby order that the said E. F. (*) pa overseer of the poor in said town (or, to the superit of the poor of said county), for the support of said the sum of dollars weekly (or, state how other Support of Bastards and Poor Persons. 1105 able), so long as the said child shall continue chargeable to said town (or, county) ; and, it having appeared to us, and we having found that said A. B. is indigent, we determine and order that the said E. F. pay to the said overseer (or, superintendent) of the poor, for the support of said A. B., the sum of dollars, during her confinement and recov- ery. And we do hereby certify the reasonable costs of ar- resting the defendant, and of this order of filiation, at the sum of dollars (or, as above, to (*), and from thence as follows : be forthwith discharged).^ Given, etc. (as in form No. 979).^ (Signatures of Justices). Justices, etc. 1. Insert these words in paren- See, also, Thayer v. Overseers of theses following the (*), in case the Hamilton (5 Hill, 443); Stowell v. defendant is found not to be the Overseers of Volney (5 Den. 98); father of the child, in place of the People, ex rel. Dumont, v. Tompkins other provisions of the order. General Sessions (19 Wend. 154)^ 2. See section Ssoof theNew York People v. Moores (4 Den. 518); Peo- Code of Criminal Procedure, as to pie, ^x re/. Commissioners, v. Dando this order and its form and contents. (20 Abb. N. C. 245). No. 990. Undertaking to be given by the defendant, under order of filiation, form No. 989 County of , ss.: Whereas, by an order this day duly made and subscribed by (naming justices) justices of the peace, of the said county, it is adjudged that E. F., of, etc., is the reputed father of a bastard child of which A. B. was delivered, on the day of , I (or, is likely to be delivered), and which is (or, is likely to become) chargeable to the (town of ■ in the) said county, and it is thereby ordered that (here insert the provisions of the order) : Now, therefore, we, the said E. F. and O. R., of,. etc. (stating occupation), and T. U., of, etc. (stating occupation), do hereby jointly and severally undertake, pursuant to statute, that the said E. F. will (*) pay 139 iio6 Forms in Proceedings for the weekly (or, state how otherwise) the sum of directed by said order for the support of said child sum of dollars, for the support of A. B., the i said child, during her confinement and recovery), may be ordered by the Court of Sessions of the sa of , and that he will indemnify the said count; town (or, city) of , in said county, and ev( county, town or city, which may have been or ma to expense for the support of the said bastard, or c mother, during her confinement and recovery, agai expenses, or that the said O. R. and T. U. will c exceeding the sum of dollars. (Or, as above to (*) and from thence as follows pear at the next Court of Sessions of said county o answer the charge and obey its orders thereon, or said O. R. and T. U. will pay a sum equal to a fu nify for supporting the said bastard and its mothe vided in the first subdivision of section 844 of the Criminal Procedure.) In witness, etc., as in form No. 181.' (Attestation and approval, as in form No. 984.) I. See section 851 of the New undertaking; and see Pi York Code of Criminal Procedure, ton (13 Wend. 597); Pec as to this undertaking, which is to be Commissioners, v. Dane entered into by defendant if he is N- C. 245); People v. '. adjudged to be the father, and he Hill, 298) ; People v. must immediately pay the amount Sandf. 466); Hoogland certified for the costs of arrest and (8 How. Pr. 343); Peopli of theorderof filiation, andthereupon (4 Den. 518); People v. the magistrates must discharge him. id. 127) ; Ramsey v. O And see section 852 of that Code as Town of Luzerne (34 Hui to proceedings in case he fails to lotson v. Martin (40 id. 3 make such payment and give such Support of Bastards and Poor Persons. 1107 No. 991. Warrant of commitment of defendant. County of , ss. : To any peace officer of the said county, greeting : Whereas, by an order of filiation made by us, this day, at , in said county, we, the undersigned, justices of the peace of the said county, did adjudge and determine E. F. to be the father of a bastard child, of which A. B. was here- tofore delivered (or, is likely to be delivered), and did there- upon order that the said E. F. pay, etc. (reciting contents of the order), and having made and subscribed said order, we did require the said E. F. to pay immediately the costs so certified, and to enter into an undertaking, with sureties, as required by statute, to be by us approved. And, whereas, due notice of our said order has been given to the said E. F., but he has wholly neglected either to pay the said costs and charges or to enter into such undertaking : You are, therefore, hereby commanded, in the name of the People of the State of New York, to convey the said E. F. to the county jail of said county (or, to the city prison of said city),' the keeper whereof is hereby required to receive and detain the said E. F. in custody in said jail (or, prison) until he shall be discharged by the Court of Sessions of said county, or shall deliver the said undertaking (and pay the said amount certified as costs of his said arrest, and of the said order of filiation).^ In witness, etc. (as in form No. 181).^ (Attestation and approval, as in form No. 984.) (Signatures.) 1. In the city of New York the less the v?ords " or deliver an under- commitment is to be made to the taking, as prescribed by the last city prison of that city. (N. Y. Code section" include their payment, as Crim. Proc.,§ 852,) to which see People, ex rel. Over- 2. The statute, however (§ 852, seer of Hastings, v. Stowell (2 Den. above cited), does not require the 127.) warrant to provide for the payment 3. See section 852 of the New of these costs and charges, as a con- York Code of Criminal Procedure, dition of the defendant's release, un- as to this warrant. iio8 Forms in Proceedings for the During the examination and until in sections 844 and 849, the defendant is discharged by the committed to prison he magistrate, he must remain in the ally confined therein, custody of the officer who arrested See, also. People v. St( him, unless an undertaking has been 127); People, ex rel. Co given for his appearance, as provided v. Dando (20 Abb. N. ( No. 992. Order of filiation made in the absence of the repu who has been arrested in another county. County of , ss.: C. D., the defendant, having been arrested of a warrant and the indorsements duly made 1 which copies are hereto annexed, marked Schedi B (or, of all of which the following are copies them), and having been brought before M. N., I tice of the peace of the county of , who tool a bond to the people of the State, with good an( sureties, in the sum directed by indorsement upoi rant, with conditions prescribed by section 844 oi of Criminal Procedure, that the defendant woi and answer the charge at the next Court of Sessi county of , and obey its order therein ; an bond having been in due form of law returned to signed, , the justice who issued the said warrj said last mentioned justice, thereupon immediate! his aid the undersigned , another justice of the s of , and the said justices proceeded to make e} of the matter on the day of , i , at- town, and then and there heard the proofs that w in relation thereto, whereby (concluding as in for from {■\)y 1. See sections 854 and 855 of New made, he require of tl York Code of Criminal Procedure, as issuing the warrant that to this order. By the latter section the tion be had in his prese examination may be had and the or- case the examination m der made in the absence of the de- if the defendant had 1 fendant, unless, before the order is peared. Support of Bastards and Poor Persons. 1109 No. 993. Warrant of eomniitmeiit of mother who refuses to disclose the name of the father. County of , ss.: To any peace officer of the county of , greeting : Whereas, etc., as in form No. , to (*), and from thence as follows : and have required the said A. B., who is now before us, to submit to an examination on oath, in the pres- ence of C. D., who has been brought before us, charged with being the father of said child, to testify concerning the said charge, and to disclose the name of the said father, but the said A. B. wholly refuses to testify and to make such dis- closure ; and it having appeared to us by due proof given on oath before us that (more than) a month has expired since the said A. B. was delivered of said child, and that she is suffi- ciently recovered from her confinement : You are, therefore, hereby commanded, in the name of the people of the State of New York, to take the said A. B. and convey her to the county jail of said county (or, to the city prison of the city of New York), the keeper whereof is required to detain the said A. B. in his custody in said jail (or, prison) until she shall so testify and disclose the name of the father of such child. Given, etc. (as in form No. 979.)' I. See section 856 of the New York this warrant, and see Scott v. Ely (4 Code of Criminal Procedure, as to Wend. 555). No. 994, Summons to mother possessed of property in her own right. County of , ss.: To any peace officer of the county of , greeting You are hereby required to summon A. B., of , in said county, to appear before us, the undersigned, two justices of the peace of said county, at , in the of , on the — — day of , I (or, instant), at o'clock in the mo Forms in Proceedings for the noon, to show cause, if any she have, wh; should not be made by us, pursuant to statute, 1 port, by her, of a bastard child said to have be( born of the said A. B., and chargeable (or, likely chargeable) to (the town of , in) said count) ing the said A. B. with the payment of money otherwise, for the support of the said bastard, an having been made to us for that purpose by M. ] seer of the poor of said town (or, a superintenc poor of said county).' Given, etc. (as in form No. 979). I. See section 857 of the New York this proceeding, and s Code of Criminal Procedure, as to pie v. Corbett (8 Wenc No. 995. Order upon the retTim of summons, form I9'( County of , ss.: Whereas, an application has been made by M. seer of the poor of the town of , in the said by J. K., one of the superintendents of the p county), to us, the undersigned, two justices oft said county, complaining that A. B., of , in s was lately delivered at , aforesaid, of a ba; which is (or, is likely to become) chargeable to sa county) ; and that said A. B. is possessed of proj own right, and is able to support said child, and examination by us into such matters, and an ord us charging the said A. B. with the payment weekly or otherwise for the support of said bas whereas, upon examination into the matter of s tion, and upon due proof made thereof, given b oath, and the said A. B. being present at said e: and having shown no sufificient cause to the c having neglected to appear and show cause to tl Support of Bastards and Poor Persons. iiii if any she might have, she having been duly summoned and required so to appear) : We do, therefore, hereby order the said A. B. to pay weekly to said overseer (or, superintendent) the sum of dollars, for the support of said bastard child (unless she shall herself nurse and take care of the said child).^ Given, etc. (as in form No. 979).^ M. F., I. J., Justices. 1. This clause in parenthesis is or enter into an undertaking, with sometimes inserted as may be neces- sufficient sureties, approved by the sary. magistrates, to the effect that she 2. See section 857 of New York will appear at the next Court of Ses- Code of Criminal Procedure, as to sions of the county, to answer the this proceeding. If after service of matters stated in the order, and obey this order upon the mother, she does its order thereon, or that the sureties not comply therewith, she must be will pay the sum mentioned in the committed to the county jail, or in undertaking, and which must be the city of New York to the city fixed by the magistrate. prison of that city, until she comply. No. 996. Undertaking by mother, to appear at the next CoTirt of Ses- sions, to answer matters stated in order, form No. 995. Whereas, an order was made on the day of , I , pursuant to statute, by A. M. and M. N., two justices of the peace oi the county of , by which it was directed that A. B. pay weekly-to F. G., overseer of the poor of the town of in the county of r. (or, to G. H., superin- tendent of the poor of the county of ), the sum of dollars, for the support of a bastard child born of her, and with which the said town (or, county) was (or, was likely to become) chargeable. And, whereas, service of said order was made upon the said A. B., and she has not complied therewith, but intends to enter into this undertaking, as re- quired by law, in order to prevent her being committed to the county jail of county (or, to the city prison of the city of ) : 1 1 12 Forms in Proceedings for the Now, therefore, we, said A. B. and O. P., of, ing occupation), and L. M., of, etc. (stating oc do hereby jointly and severally undertake, pu statute, that the said A. B. will appear at the n of Sessions of the county of , to answer th stated in the said order, and obey its order t that the said O. P. and L. M., will pay the sur dollars. In witness, etc. (as in form No. i8i).^ (Signatures as in form N I. See seftion 858 of New York this undertaking, and se Code of Criminal Procedure, as to Corbett (8 Wend. 520). No. 997. Order reducing the amount to be paid by par County of , ss.: To the overseers (or, superintendents) of the po town of in) said county : Whereas, we did determine, by an order of filiat , I , that E. F. is the father of a certain basi theretofore lately born in, etc., aforesaid, and di among other things, order, that the said E. F. shoi you, the said overseers (or, superintendents), tl sum of , so long as the sajd child should chargeable to said town (or, county). And, w] have this day made inquiry, upon the application < E. F., into said case, and heard the proofs and i submitted to us relating thereto ; and it having to us upon such inquiry, that it is proper and that the said sum required by our said former ord be reduced as hereinafter expressed. And, wh said overseers (or, superintendents) have shown before us why such reduction should not be made, duly notified to appear (and having appeared) for that purpose : Support of Bastards and Poor Persons. 1113 Now, therefore, we do hereby reduce the said amount re- quired to be paid weekly by the said E. F., by our said former order, as aforesaid, to the sum of .' Given, etc. (as in form No. 979). (Signatures of justices.) Justices. I. See section 859 of the New York Code of Criminal Procedure, as to this order, by which section it may be made by the magistrates who have made the original order; and it is further provMed by that section that the Court of Sessions of the county may upon the application of the officers mentioned in section 840, id., upon ten days' notice to those officers, or to the father or mother of the bastard, reduce or increase the amount directed to be paid by the order of filiation. For notice of such application, see next form. No. 998. No. 998. Wotice of application to Court of Sessions for increase or re- duction of amount directed to be paid by parent. County of , ss.: To E. F. (or, To M. N., overseer or superintendent, etc.) : You are hereby notified that an application will be made by the undersigned at a Court of Sessions of said county, to be held at , on the day of , i , at the opening of the court (or, at 10 o'clock in the forenoon), on that day, or as soon as counsel can be heard, to increase (or, reduce) the amount directed to be paid by the order of filiation for the support of the bastard child named in said order, of which a copy is hereto annexed, which said appli- cation will be founded on the affidavits, with copies of which you are herewith served.' Dated , i . M. N., Overseer, etc. (or, E. F.) I. See section 859 of New York in note i to form No. 997, as to this Code of Criminal Procedure, cited application and notice thereof 140 1 1 14 Forms in Proceedings for the No. 999. IVotlce of appeal trom the order of two magist County of , ss.: To A. M. and C. N., Esqrs., two justices of the said county : You are hereby notified-that the undersigned, c himself aggrieved by the order heretofore made copy of which is annexed hereto, hereby appeals tc Court of Sessions of the said county.* (Signature of- apf I. See section 861 of the New York this appeal, and by whoi Code of Criminal Procedure, as to taken. TITLE II. Proceedings for Support of Poor Persons by their Ri No. 1000. Application for order to compel such support, looi. Notice of such application. 002. Order of support. 1003. Warrant for seizure of real or personal property of relative. 1004. Return by overseers of the poor to Court of Sessions erty of absconding person taken under warrant, for 1005. Bond to be given by absconding person to procure c warrant, form No. 1003. 1006. Order discharging warrant and restoring property sei No. 1000. Application to compel support of poor person by i To the Court of Sessions of the county of : We, A. B. and C. D., overseers of the poor of th , in the county of (or, the commissioners ties and corrections in the city of New York), d make application, pursuant to statute, for an ordei pel the relief of M. B., a poor person, who is blind other infirmity), so as to be unable to maintain hin who is in said town (or, county), by C. B., who r , in said town (or, in said county), and is the (1 Support of Bastards and Poor Persons. hi said M. B., and who has failed to relieve and maintain th said M. B. in a manner approved by us, although he is c sufficient ability so to relieve and maintain the said M. B, Dated , i . A. B., C. D., Overseers, etc. The statute compelling parents an children to maintain each other, be ing of sufficient ability, extends onl to natural relations. A husband i not bound to maintain the childre of his wife by a former marriage; I. See, as to this application, sec- tion 915 of New York Code of Crimi- nal Procedure. By section 914, id., the father, mother and children, of sufficient ability, of a poor person, who is insane, blind, old, lame or de- crepit, so as to be unable by work to fortiori, he is not bound 'to maintai maintain himself, must at their own charge, relieve and maintain in a manner to be approved by the over- seers of the poor of the town where be is, or in the city of New York, by the commissioners of charities and corrections. See, also, Stevens v. Cheney (36 Hun, 3); Stone v. Bur- gess (2 Lans. 439; afFd, S. C, 47 N. Y. S2I); Edwards v. Davis (16 Johns. 281); Stevens v. Carter (36 Hun, i). his wife's bastard children. (Minde V. Cox, 7 Cow. 235.) There is no common law obligj tion by which a child is liable to suj port an infirm and indigent paren the obligation arises solely from th statute, and can only be enforced i the manner provided thereby. (Ec wards v. Davis, supra; Herendeen t De Witt, 49 Hun, 53.) No. looi. Notice of application to be given to relative. To C. B. : Please take notice that an application will be made by th undersigned to the Court of Sessions of the county of on the day of , i , at the opening of the cour (or, at o'clock in the noon) on that day, or as sooi thereafter as counsel can be heard, for an order to compe the relief asked for by the annexed application.^ Dated , i . Yours, etc. A. M., M. N., Overseers, etc. I. The count) where the relative 2. See section 915 of the New Yor dwells, (N. Y. Code Crim. Proc, Code of Criminal Procedure, as t § 915.) I this notice, which is directed by ths iii6 Forms in Proceedings for the section to be served upon the person place of residence of such persoi to whom it is directed, at least ten case of his absence, with a perse days previous to the application, per- suitable age and discretion, sonally, or by leaving it at the last also, note i to last form, No. loc No. 1002. Order of Court of Sessions, pursuant to application, fc No. 1000. At a Court of Sessions held in and for the county of , in the (city) of , on the day of , i— Present : C. R., etc. (naming judges), judges. In the Matter of the Applica- tion of A. M. and M. N., Overseers, etc., for the Sup- port of A. B., a Poor Per- son. Upon reading and filing the application of A. M. and N., overseers of the poor of the town of , in said coui dated , i , and after hearing the proofs and alh tions of the parties, by which it has appeared to the cc that M. B., who is in said town, is a poor person, anc blind (or, state other infirmity), and unable to work so as maintain himself, and that C. B., the father of said M. B. R. B., the son of said M. B., who has no father (of sufifici abiHty to relieve and maintain him)], is of sufficient abi to relieve and maintain the said M. B., and has neglected do so, although requested to do so by said overseer : It is hereby ordered that the said C. B. (or, R. B.) m tain and relieve the said M. B., in a manner to be appro by said overseers, and that for the purpose of such relief maintenance he pay to the said overseers the sum of — on (Monday) of each week until the further order of court, which sum said court hereby adjudges to be necess for the support of said M. B. And it is hereby further ordered, that said C. B. paj the said overseers the sum of dollars, the costs expenses of said application.'^ I. See sectipns 916-918 of the cedure, as to this order and its New York Code of Criminal Pro- tents; as to costs, see section 915 Support of Bastards and Poor Persons, hi; In case one of two persons equally one is to pay, if the proportion is un- liable is unable to contribute his en- equal, is, in effect, a determinatior tire proportion of such support, the that the one required to pay the less court is authorized to require him to sum is unable to pay his full propor contribute according to his ability, tion, but is able to pay the sum fixed, and to require the other to pay the and such order is valid. (Stone v. residue. An order reciting that the Burgess, 47 N. Y. 521.) two are of sufficient ability, and di- See, also, note i to form No. 1000. recting the- proportion which each No. 1003. Warrant for seiziire of property of person absconding. County of , ss.: To A. M. and M. N. (naming applicant), overseers of the poor of the town of in said county (or, commis- sioners of charities and corrections in the city of New York) : It having appeared to us, two justices of the peace (or, police justices) of the said county, by the application of the said overseers of the poor (or, of said commissioners), that F, P., late of said town, has absconded from his wife and chil- dren, leaving them (likely to become) chargeable upon the public ; and that said F. P. has some real or personal prop- erty, situated in said county, and due proof of said facts having been made before us : We, therefore, hereby authorize you, the said (overseer ol the poor), to take and seize the property, real and personal, of said F. P., wherever it may be found in said county ; and you will immediately upon such seizure make an inventory of the property so taken, and return the same, together with your proceedings, to the next Court of Sessions of said county. Given under our hands, at the said town of , this day of , I .1 (Signatures of justices, etc.) Justices, etc. 1. See section 921, etc., of the See, also, Downing v. Rugar (21 New Yorls Code of Criminal Pro- Wend. r78); People, ex rel. Reed, v cedure, as to this proceeding. Overseers of Triangle (23 Barb. 236) iii8 f'ORMS IN Proceedings for the No. 1004. Eeturn by overseers of the poor to Court of Sessions ai property of absconding person taken under warrant, fi No. 1003. County of , ss..- To the Court of Sessions of said county : The undersigned, to whom the annexed (or, within) \ rant is directed, seized by virtue of said warrant, on day of , I , in the county of , therein n: tioned, the property mentioned in the annexed invent( and their proceedings thereupon subsequent to such seizi are as follows : (stating particularly such proceedings), of which is respectfully returned.'' Dated at , this day of , i . (Signatures and official description. (Annex inventory.) I. See section 922 of the New York court thereupon, and see sectio Code of Criminal Procedure, as to chapter 304 of the Laws of 1 this return and the proceedings of the York of 1878. No. 1005. Bond to be given by absconding person to procure disoha of warrant, form No. 1003. As in form No. 302, to (*), substituting the words " o' seers of the poor of the town of (or, commissioners, etc for the words " The People of the State of New York," ; " overseers, etc.," for " people," and from thence as follow that whereas, the said (overseers of the poor) have lat seized the property of the said F. P., under a warrant issi by and , two justices of the peace of the cou of , upon due proof made before them that said F had absconded from his wife and children, leaving tl: (likely to become) chargeable upon the public, and the i F. P. having returned, and being desirous of having property so taken returned to him : Support of Bastards and Poor Persons. 1119 Now, therefore, if the said wife and children so abandoned shall not be chargeable to the said town or county, etc., then, etc. (as in form No. 302).^ (Signatures and seals, as in form No. 302). Sealed and delivered and the" security approved by us, two of the justices of the peace of the town of (or other ofiScial descrip- tion). (Signatures.) (Official description.) I. See section 924 of New York this security, and the order to be Code of Criminal Procedure, as to made thereupon. No. 1006. Order discharging warrant (form N"o. 1003), and returning property taken by virtue thereof. County of , ss.: To the overseers of the poor of the town of (or, the commissioners of, etc.) : A warrant having been issued directed to you, dated , I , by which you were authorized to take and seize the property, real and personal, of F. P., upon proof that he had absconded from his wife and children, leaving them (likely to become) chargeable upon the public. And, whereas, the said F. P. has returned and now supports his wife and children so abandoned [or, has given security to the (overseers of the poor) of the town of , satisfactory to us, that the said wife and children shall not be chargeable either to said (town or county)], we do, therefore, pursuant to statute, hereby discharge the said warrant issued as afore- said, and direct that the property taken by virtue thereof be restored to said A. B. Witness our hands at , this day of , i } (Signatures of magistrates.) (Official title.) I. See section 924 of New York Code of Criminal Procedure, as to this order. II20 Forms in Proceedings for the TITLE III. Forms Relating to Support of Poor by Public No. 1007. Notice to overseers of the poor of town in which th( a residence to provide for his supports ioo8. Notice contesting settlement alleged in notice, form 1009. Subpoena to witness to appear and testify concerning of pauper, loio. Decision of superintendents as to pauper's settlemer ion. Notice by superintendent that pauper will be suppi expense of a certain town. 1012. Order of justice of the peace for temporary relief to i No. 1007. Notice to overseers of the poor of town in which tl has a residence, to provide for his support County of , ss.: To the overseers of the poor of the town of — county : You are hereby notified, that C. B., a pauper, gained a settlement in your town, to which he beli the town of , in said county, and is supported pense of said town of • , for which the unders overseers. ' You are, therefore, required, pursuant to statut vide for the reUef and support of the said C. R Dated at , this day of , i } (Signatures of ovf Overseers I. See I New York Revised this notice; and see, alsc Statutes, 622, subdivision 4, section Brown (13 Barb. 598) : 3i(Birdseye'sCodes, etc.,2260), asto Murray (63 How. Pr. 36 No. 1008. Notice contesting settlement alleged in notice, form County of , ss.: To the overseers of the poor of the town of — county : You will please take notice that the undersigi seers of the poor of the town of , in said cc Support of Bastards and Poor Persons. 1121 appear before the county superintendents of the poor of said county at, etc., on the day of , i , at — o'clock in the (fore) noon to contest the alleged settlement of C. B., a pauper, as stated in your notice of the instant. Dated at , this day of , i } (Signatures of overseers.) Overseers. I. See I New York Revised Stat- days, and not more than thirty days utes, 622, § 32, as to this notice, and from the time of service of such no- note I to last form, No. 1007. The tice. (Id.) day appointed must be at least ten No. 1009. Siibposna to witness to appear and. testify concerning settle- nieut of pauper. County of , ss.: The People of the State of New York to E. F. (and, G. H.) r You (and each of you) are hereby required to be and ap- pear before the undersigned, superintendents of the poor of said county, at, etc., on the day of — - — , i , at o'clock; to testify on behalf of the overseers of the poor of the town of in said county, concerning the alleged set- tlement of C. B., a pauper.' Dated at . this day of , i . (Signatures.) Superintendents. I. See note i to form No. 1007, as to this proceeding. No. loio. Decision of superintendents as to pauper's settlement. County of , ss.: We, the undersigned, superintendents of the poor of the county of ; having met as required by a notice given, pursuant to statute, by the overseers of the poor of the town of in said county, and proceeded to hear and determine a controversy which had arisen between them and the over- seers of the poor of the town of in said county, relating to the settlement of C. B., a pauper : 141 1 1 22 Forms in Proceedings for the And upon such hearing of the facts relating to : ment, we do hereby decide that the legal settlem C. B. is in the said town of (or, is not in sal )■ And we do hereby award to the overseers of tl the town of , the prevailing party, the sum o lars, costs of said proceeding expended by them. Given under our hands and seals, at , thi: of , I } (Signal Superint I. The county superintendents to the prevailing party, ' shall convene whenever required by recovered in any acti any overseers, pursuant to such no- court of competent tice, and shall proceed to hear and The decision of the suf determine the controversy, and may shall be final and concli award costs not exceeding ten dollars Y. Rev. Stats. 622, § 33 No. loii. Notice by superintendent that pauper will be su] the expense of a town. County of , ss.: To the overseers of the poor of the town of — county : C. B., a pauper, having been sent to the poor said county as a county pauper, and we, the un superintendents of the poor of said county, having quiry as to the facts, and being of the opinion tha B. has a legal settlement in the town of , in sa pursuant to statute : You are hereby notified that the expenses of s said pauper will be charged to the said town, ui within (twenty days) after the service upon you c tice, show that the said town of ought 11 charged with such support. Dated at , this day of , i .' (Signat Superintt I. See section 35 of I New York which is to be given ' Revised Statutes, 623 (Birdseye's days after such pauper Codes, etc. 2260), as to this notice, been received. Support of Bastards and Poor Persons. 1123 No. 1012. Order of justice of the peace, for temporary relief to a pauper. An application having been made by the overseers of the poor of the town of , to me, a justice of the peace of the said town, in regard to C. B., a person applying to them for relief, and I having examined into the facts, and it hav- ing appeared that said C. B. requires only temporary relief [or, is sick, etc. (stating disability), or otherwise disabled, so that he cannot be removed conveniently to the poor house of the county of ], I do hereby order the said overseers to apply dollars per week for the relief of said C. B., until they shall have expended the sum of dollars, or such less amount as shall sufifice for the temporary relief of said B. Dated at , this day of . i . (Signature.) M. N., Justice. I. See section 42 oi i New York Dominick v. Long Island City (48 Revised Statutes, 624 (Birdseye's Hun, 306); Gere v. Supervisors of Codes, etc., 2262), as to this order, Cayuga Co. (7 How. Pr. 255). and its effect. See, also, Nuns of St. 1 124 Forms Relating to CHAPTER XLI. Forms Relating to Towns. (Laws of N. Y. of 1890, chap. 569.) TITLE I. Forms Relating to Town Meetings, and the Election ani Town Officers. (Laws of N. Y. of i8go, chap. 569, art. 2.) No. 1013. Application by fifteen electors of town to determi meeting, where future town meetings shall be heli 1014. Application for special town meeting, by electors. 1015. Notice of special town meeting. 1016. Notice of proposition to be determined by ballot at to 1017. Notice to be given by the town clerk of such propos 1018. Notice by town clerk to person elected to town offic No. 1013. Application by fifteen electors of town to determin meeting, where future town meetings shall be (Laws of N. Y. of 1890, chap. 569, § 11.] To the town clerk of the town of , in the count The undersigned electors of the town of — county of , hereby make application, pursuant that it shall be determined at the annual town r said town, to be held at , on the day of I ,^ by ballot, where future town meetings of shall be held.^ Dated , i . (Signatures of e I. Bv section 10 of chapter 569 of place in such town as th Laws of New York of 1890, the town their annual town meetin meetings, except in counties contain- time to time appoint, ing upwards of 300,000 inhabitants, 2. This application ii qualified by the Constitution to vote with the town clerk twe for elective officers, shall be held an- fore an annual town mei ually, after the year 1891, on the sec- of N. Y. of 1890, chap. Ond Tuesday of February, at such Towns. ' 1125 No. 1014. Application for special town meeting, by tax payers. (Laws of N. Y. of 1890, chap. 569, § 25.) To the town clerk of the town of , in the county of : We, the underMgned, who are tax payers upon the last town assessment roll of said town, do hereby require, pursu- ant to statute, a special town meeting to be called for the purpose of (raising money for the support of the poor), and for the transaction of such other town business as shall be legally brought before the meeting, such meeting to be held at (the town hall in said town), on the day of , i , at o'clock in the noon, and request you to give due notice thereof.^ Dated , i . (Signatures of twenty-five tax payers.) I, See section 25 of chapter 569 of overseers of the poor, to determine Laws of New York of i8go, as to questions pertaining to their respect- special town meetings to be held on ive duties as such officers, and request of twenty-five tax payers which the electors of the town have upon the last town assessment roll, a right to determine. (Same section.) and the purposes for which such The above form may easily be meetings may be held. They may adapted to the latter cases, also be held on request of the super- For notice of special town meeting, visor, commissioners of highways or see next form, No. 1015 No. 1015. Notice of special town meeting. (Laws of N. Y. of 1890, chap. 569, § 26.) Notice is hereby given, that a special town meeting of the electors and legal voters of the town of , in the county of , will be held at the town hall in the said town of , on the day of , i , at o'clock in the noon, for the purpose of (stating same), and for the transaction of such other town business as shall be legally brought before the meeting.^ Dated , i . A. B., Town Clerk. I. Section 26 of chapter 569 of that no previous notice need be Laws of New York of 1890 provides given of the annual town meetings; 1 126 Forms Relating to but the town clerk shall, at least ten which notices shall sp( days before the holding of any special place and purposes of town meeting, cause notice thereof See as to the time under his hand, to be posted con- holding the annual to spicuously in at least four of the section lo of same chE most public places in the town; note i to form No. loi No. 1016. Notice of proposition to be determined by ball meeting. (Laws of N. Y. of 1890, chap. 569, § 34 To the town clerk of the town of in the cour AppHcation and request is hereby made, that ing question shall be voted on at an (annual) tov of the electors and legal voters of said town of held at the town hall in the said town, on the - , I , at o'clock in the noon, to ing proposition).^ Dated , i . (Signatures, ; cial descri] made by to (Annex account, etc., in case of town officers a money.) I. No proposition or other matter plainly stating the qui than the election of officers, shall be sire to have voted upoi voted upon by ballot at any town ing a vote thereon at st meeting, unless the town officers or ing. (Laws of N. Y. other persons entitled to demand a See, also, further rei vote of the electors of the town that section, when to\ thereon, shall, at least twenty days such, make the appl before the town meeting, file with the vote to raise money town clerk a written application, pertaining to their dut No. 1017. Notice to be given by the town clerk of such pro; tion. (Laws of N. Y. of 1890, chap. 569, § 3^ Notice is hereby given, pursuant to statute, tl lowing question is proposed, according to law, Towns. 1 127 by whom), to be voted upon at the (annual) town meeting of the electors and legal voters of the town of , in the county of , to be held, etc. (stating time and place, as in last form), to wit : (stating question). And that a vote will be taken by ballot upon said question at the above mentioned town meeting.^ Dated , i . F. G., Town Clerk of said town. I. This notice is, by section 34 of chapter 569 of Laws of New York of i8go, to be conspicuously posted up at least ten days before the meeting, in at least four of the most public places in the town. See, also, same section, as to further duty of the clerk in regard to the vote upon such proposition. No. 1018. Notice by town clerk to person elected to town ofBlce. (Laws of N. Y. of 1890, chap. 569, § 39.) To A. G.: You are hereby notified, pursuant to law, that at an annual town meeting of the electors and legal voters of the town of , in the county of , held at the town hall in said town, on the day of , i , you were duly elected as (supervisor) of said town, to hold your said office (for one year and)^ until another person has been elected, or appointed, in your place and has qualified.^ Yours, etc., M. N., Town Clerk of said town. I. In case of supervisor, town clerk, inspector of election and con- stable, insert these words in brackets. See sections 12 and 13 of chapter 569 of Laws of New York of 1890, as to terms of office of town officers, elected at town meetings. 2. The clerk is required by section 39 of Laws of New York of 1890, within ten days after the election, to transmit to any person elected to a town office, whose name is not on the poll list as a voter, a notice of his election. 1 128 Forms Relating to TITLE II. Forms Relating to Qualifications of Town Offic (Laws of N. Y. of i8go, chap. 469, art. 3.) No. 1019. Oath of office to be taken and subscribed by town ofl 1020. Notice by supervisor to collector of amount of taxes 1021. Undertaking to be executed by town coUe.tor. 1022. Same by constable. 1023. Certificate of town clerk to county clerk of officer! town meeting. 1024. Undertaking to be given by justice of the peace. 1025. Certificate of town clerk of filing of same. 1026. Undertaking to be given by supervisor. 1027. Same by commissioners of excise. 1028. Same by overseer of the poor in town. 1029. Same by commissioners of highways in towns. 1030. Notice of acceptance of resignation of town officer. 1031. Appointment of town officer to fill vacancy. 1032. Notice to town officer appointed by town board to fill his appointment. No. 1019. Oath of office to be taken and subscribed by town (Laws of N. Y. of 1890, chap. 569, § 51.) State of New York, ) County of , 1 I, A. B., do solemnly swear (or, affirm) that I wi the Constitution of the United States and the Co: of the State of New York, and that I will fait! charge the duties of the office of (commissioner of 1 of the town of , in said county, according to tl my ability. (And I do further solemnly swear (or, affirm) th; not, directly or indirectly, paid, offered or promise tribute any money or other valuable thing as a con or reward for the giving or withholding a vote at tion at which I was elected to said office, and have any promise to influence the giving or withholding vote.)^ (Jurat, as in form No. 32.) I. This clause, in brackets, is re- State Constitution, as z quired by article 12 of the New York popular vote, which amei Towns. 1129 eifect Januaiy I, 1875, to be inserted office, and such other oath as may be in thfi case of all officers who shall required by law, which shall be ad- have been chosen at any election. ministered and certified by the officer By section 51 of chapter 569 of taking the same without reward, and 1890, it is provided that every person shall within eight days be filed in the elected or appointed to any town of- office of the town clerk, which shall fice, except justice of the peace, be deemed an acceptance of the office; shall, before he enters upon the du- and a neglect or omission to take ties of his office, and within ten days and file such oath, or k neglect to exe- after he shall be notified of his elec- cute and file, within the time re- tion or appointment, take and sub- quired by law, any official bond or scribe before some officer authorized undertaking, shall be deemed a re- by law to administer oaths in his fusal to serve, and the office may be county, the constitutional oath of filled as in case of vacancy. No. 1020. Notice by supervisor to collector, of amotint of taxes. (Laws of N. Y. of 1890, chap. 569, § 51.) To A. B., collector of the town of , in the county of — You are hereby notified that the amount of taxes to be collected by you in said town of , for the current year, is dollars and cents. Dated , i . Yours, etc., M. N., Supervisor of the said town. I. See section 51 of chapter S^g in note i to last form, No. 1019, as of Laws of New York of 1890, cited to this notice. No. 1021. Undertaking to be executed by town collector. (Laws of N. Y. of 1890, chap. 569, § 52.) Whereas, the undersigned M. N., of , has been duly elected (or, appointed) to the office of collector of the town of , in the county of , and has received (or, will receive) the assessment roll of said town for the year, i , for the purpose of collecting the taxes therein named, amounting to the sum of dollars : 142 1 130 Towns. Now, therefore, we, the said M. N. and E. F., of - G. H., of ,^ do hereby, jointly and severally, u and acknowledge ourselves bound to and with the s; pursuant to statute, in the sum of dollars,^ said M. N. will well and faithfully execute his dutie collector, pay over all moneys received by him, and in the manner and within the time provided by h taxes upon the said assessment roll of said town, ( to him as aforesaid for the ensuing year.^ Dated , i . In presence of A. F. (Acknowledgment by signers and justification by as in form No. 220.) Indorsed : — I hereby approve of the within undertaking as to and sufficiency thereof. , I . I. J., Supervisor o I. This undertaking is to be exe- cuted by the collector, with two or more sureties, before he enters upon the duties of his office, and within eight days after he receives notice of the amount to be collected by him and delivered to the supervisor of the town. (Laws of N. Y. of 1890, chap. 569, § 52.) The supervisor is required, within six days thereafter, to file the undertaking, with his ap- proval indorsed thereon, in the of- fice of the county clerk, who shall make an entry thereof in a book to be provided for the purpose, in the same manner as judgments are entered of record; and every such undertaking shall be a lien on all the real estate held jointly or sever- ally by the collector or his sureties within the county, at the I filing thereof, and shall c be such lien until its co: gether with all the costs a which may accrue by the i thereof, shall be fully sati §53-) See, also, Muzzy v. S Den. 233); Ward v. Stahl 406); Johnson v. Ostrand 670); Upham V. Paddocl 377)- 2. The penalty of the f( of collector, under i R. S was double the amount of No amount is specified chap. 569 of 1890, by former provision is repeal 3. See, generally, as to taking, section 52 above : Towns. 1131 By section 12 of said chapter col- By section 66 of chapter 569 oJ lectors are to be elected at the annual Laws of New York of 1890, it is town meeting, and are to hold their provided that every undertaking ol offices until others are elected or ap- a town officer, as provided by thai pointed in their places and have qual- chapter or otherwise, must be exe ified. By section 221 of same chapter, cuted by such officer and his sure in counties containing more than ties, and acknowledged or prover 300,000 inhabitants, collectors are and certified in like manner as deeds to be elected by ballot by the elec- to be recorded, and the approval in- ters of such towns respectively, dorsed thereon. The parties execut at the general election held in ing such undertaking shall be jointl} such towns, and their terms of office and severally liable, regardless of its are to be three years from the first form in that respect, for the damages day of May next succeeding their to any person or party by reason 01 election. a breach of its terms. No. 1022. Undertaking to be given by constable. (Laws of N. Y. of 1890, chap. 569, § 54.) Whereas, the undersigned, M. G., of , has been dulj elected (or, appointed) to the office of constable of the towr of , in said county of : Now, therefore, we, the said M. G. and P. E., of , anc J. S., of ,^ do hereby, jointly and severally, undertake and acknowledge ourselves bound, pursuant to statute, ir the sum of dollars, to and with said town, that we wil pay to each and every person who may be entitled thereto all such sums of money as the said M. G. may become liable to pay on account of any execution which shall be deliverec to him for collection, and will also ^ay each and every per son for any damages which he may sustain from or by anj act or thing done by said M. G. by virtue of his said office. Dated , i . M. G. P. E. In presence of J. S. F. R., Supervisor, (or, E. G., Town Clerk) of the town of , (Acknowledgment, by signers, and affidavits of justifica tion by sureties, as in form No. 220.) II32 Forms Relating to (Indorsed) :— I hereby approve of the within undertaking and of sureties therein. Dated , i . F. R., Supervisor, (or, E. G., Town Clerk I. See section 54 of chapter 569 of Laws of New York of 1890, as to this undertaking. It is required to be executed by the constable, with at least two sufficient sureties, in the presence of the town clerk or super- visor of the town. The town clerk or supervisor is to indorse thereupon his approval of the sureties, an cause the same to be filed in office of such clerk within ten thereafter. 2. See, also, section 66 of s chapter cited in note i, form No. i as to general form of undertakin town officer. No. 1023. Certificate of town clerk to county clerk of ofllcers electei town meeting. (Laws of N. Y. of 1890, chap. 569, § 57.) county : , in the counb To A. C. N., Esq., county clerk of I, F. G. (town clerk), of the town of , do hereby certify, pursuant to statute, that at the nual town meeting of said town, held at the town hal said town, on the day of , i , of which I clerk, C. N. was duly elected supervisor, P. M. was c elected a justice of the peace, and (naming them) were e ted constables in and for such town.^ Dated , i F. G., ( ) Clerl I. See section 57 of chapter 569 of Laws of New York of 1890, as to this certificate, which is to be trans- mitted by the clerk of each town meeting, at which there has been an election for justice of the peace, to the clerk of his county. By section 28 of that chapter, the town ( last before elected or appointed if he be absent, such person as be chosen by the electors prei shall be the clerk of the town n ing. Towns. 1133 No. 1024. ITndertakiiig to be given by justice of the peace. (Laws of N. Y. of 1890, chap. 569, § 58.) Whereas, the undersigned, D. G., of , has been duly elected (or, appointed) to the office of justice of the peace of the town (or, city) of , in the county of : Now, therefore, we, the said D. G. and E. R., of , and J. I., of , do hereby jointly and severally undertake and acknowledge ourselves bound, pursuant to statute, in the sum of dollars, to and with said town, that the said D. G. will pay over on demand, to the officer, person or per- sons entitled to the same, all moneys received by him by virtue of his said office.^ Dated , i . D. G. In presence of E. R. I. F. and ■ J. S. C. K. (Acknowledgment or proof and affidavit of justification by sureties, as in form No. 302.) Indorsed : — I hereby approve of the foregoing undertaking and of the sureties therein. Dated , i . F. C, Supervisor (or. Town Clerk) of the town of . (Or, approved by resolution of common council of the city of , passed , i . A. F., Clerk.) I. See section 58 of chapter 569 of pointed in any of the towns or cities Laws of New York of 1890, as to of the State, except the city of New this undertaking, which is required York, and any city whose charter re- by that section to be given by every quires such oiBcer to give a bond or justice of the peace elected or ap- undertaking, before he enters upon II34 Forms Relating to the duties of his office. The sure- ties are to be approved by the super- visor of the town, or the town clerk thereof, when the justice of the peace is also supervisor of the town, or the common council of the city in which the justice shall reside. See, fur- ther, the provisions of that section, as to filing the undertaking, and ta oath of office, etc., cited in nc to form No. 1025. See, also, section 66 of same c ter, cited in note i to form No. 1 as to general form of underta of town officer. No. 1025. Certificate of town clerk of filing undertaking by justice the peace. (Laws of N. Y. of 1890, chap. 569, § 58.) County of ■ ' \ss.: of , ) Town {or, City) of ■ I, A. B., town clerk of the said town (or, city clerk of s city), do hereby certify that on the day of — : — , in year i , D. G., a justice of the peace of the said to (or, city), duly elected (or, appointed) on the day of — I , filed in my office the undertaking as such justice quired by law to be executed and filed by him, the surel therein being approved by the supervisor (or, by the to clerk) of said town (or, by the common council of said ci In witness whereof, I have hereunto set my hand and ficial seal, this day of , i .• A. B., Clerk of the town (or, city) of I. Every justice shall also, on or before the fifteenth day of January next succeeding his election, file with the county clerk a certificate of the clerk of the city or town in which he resides, that he has filed such under- taking, and thereupon take before the county clerk his oath of office; but if elected or appointed to fill a vacancy, at the time existing or in any new town, he shall file such un- dertaking and certificateand take oath of office, and enter upon duties thereof, within fifteen day ter notice of his election or app( ment. No justice of the peace s take his oath of office until he s have filed such certificate with county clerk. (Laws of N. Y 1890, chap. 569, last clause of sec 58.) Towns. 113S No. 1026. Undertaking to be given by supervisor. (Laws of N. Y. of 1890, chap 569, § 60.) Whereas, the undersigned C. D., of , has been duly elected (or, appointed) to the ofifice of supervisor of the town of , in the county of : Now, therefore, we, the said C. D. and E. F., of , and G. H., of ,' do hereby, jointly and severally, undertake and acknowledge ourselves bound, pursuant to statute, to and with said town, in the sum of dollars, that said C. D. (*) will well and faithfully discharge his ofiScial duties as such supervisor, and that he will well and truly keep, pay over and account for all moneys and property, including the local school fund, if any, belonging to his said town and coming into his hands as such supervisor.^ Dated , i C. D. In presence of E. F. A. M. G. H. (Acknowledgment or proof, as in form No. 89, and justifi- cation of sureties, as in form No. 220.) Indorsed : — I hereby certify that the within undertaking was approved by resolution of the town board of the town of , in the county of , passed at a meeting of said board held on the day of , i , as to its form and the sufficiency of the sureties therein.^ Dated , i . M. P., Clerk of Town Board of the town of . 1. Such sureties as the town board within thirty days after entering upon shall prescribe. his oiEce. 2. See section 60 of chapter 569 of 3. Such undertaking shall, after its Laws of New York of i8go, as to this execution, be presented to the town undertaking generally. It is to be board for theirapproval as to its form made and delivered by the super- and the sufficiency of the sureties visor to the town clerk of the town, therein, and until the same shall 1 1 36 Forms Relating to have been so approved, none of the See, also, section 66 of i moneys, books, documents, papers ter 569 generally as to und or property of the town shall be town officers, cited in noti turned over or delivered to such su- No. 1021. pervisor elect. (Section 60, supra.) No. 1027. Undertaking to be given by commissioner of excise (Laws of N. Y. of 1890, chap. 569, § 61.) Whereas, I, the undersigned C. D., of , ha duly elected (or, appointed) to the office of commiss excise of the town of , in the county of : Now, therefore, I, the said C. D., do hereby ui and acknowledge myself bound, pursuant to statute with said town, in the sum of dollars, that I over to the supervisor of said town, within thirty d; the receipt thereof, all moneys received by me as st missioner of excise.* (Signature, as in form No. In presence of A. M. (Acknowledgment, etc., as in form No. 89.) (Approval by supervisor, as in form No. I02I.) I. This undertaking is to be exe- (Laws of N. Y. of 1890, cuted by the commissioner before he § 61.) enters upon the duties of his office, See, also, as to form of and delivered to the supervisor, and ing by town oflScers, sec by him filed in the office of the town same chapter, cited in note clerk within ten days thereafter. No No. io2i. sureties are required by the statute. No. 1028. Undertaking of overseer of the poor in town (Laws of N. Y. of 1890, chap. 569, § 62.) As in form No. 1026, substantially (*), changir " supervisor " therein to " overseer of the poor," a thence as follows : Towns. 113; Will faithfully discharge the duties of his ofifice, and will pay, according to law, all moneys which may come into his hands as such overseer.^ Dated , i . (Signatures, as in form No. 1026.) In presence of M. N. (Acknowledgment, etc., as in form No. 220.) (Approval by supervisor, as in fortn No. 102 1.) I. To be executed by the overseer, See, also, as to form of undertak- with one or more sureties, and de- ing given by town officers, section 6£ livered to the supervisor, and filed of same chapter, cited in note i tc by him in the office of the town clerk form No. 1026. within ten days thereafter. (Laws of N. Y. of 1890, chap. 569, § 62.) No. 1029. Undertaking to be given by commissioner of highways ol town. (Laws of N. Y. of 1890, chap. 569, § 63.) As in form No. 1026, substantially, substituting therein for word " supervisor " the words " commissioner of highways,'' and from thence as follows : Will faithfully discharge his duties as such commissioner and within ten days after the expiration of his term oi office, pay over to his successor all moneys remaining in his hands as such commissioner, and render to such successor a true account of all moneys received and paid out by him aj such commissioner.* Dated (Signatures, as in form No, 1026.) In presence of M. N. (Acknowledgment, etc., as in form No. 220.) (Approval by supervisor, as in form No. 102 1.) I. To be executed by the commis- sureties, within ten days after notice sioner of highways, with two or more of his election or appointment, and 143 1 1 38 Forms Relating to deliver to the supervisor, and filed See, also, as to form ol by him in tlie office of the town clerk ing given by town officer within ten days thereafter. (Laws of of same chapter, cited in N. Y. of 1890, chap. 569, § 63.) form No. 1021. No. 1030. Ifotice of acceptance of resignation of town oflB (Laws of N. Y. of 1890, chap. 569, § 64.) To the town clerk of the town of , in the county You are hereby notified that we, the undersigned of the peace of the said town, have, for sufificier shown to us, accepted the resignation of C B. (colle( of said town.' Dated , i , E. F., G. H., I. J., Justices of the of said towr I. See section 64 of chapter 569 of Laws of New York of 189c notice. No. 1031. Appointment of town oflacer to fill vacancy. (Laws of N. Y. of 1890, chap. 569, § 65.) We, the undersigned, the supervisor, town clerk '<. of the) justices of the peace of the town of county of , constituting the town board of s; (or, name the officers making the appointment, and stituting a majority of the town board of said t hereby appoint M. R., of said town, as (constable for the town of , to fill the vacancy in that ofil sioned by the resignation (or, death, etc.) of F. M. R. is to hold his said office until the next anni Towns. 1139 meeting of said town, and until his successor is elected or appointed in his place and has qualified. In witness whereof, we have hereunto set our hands and seals at , in said town, on the day of , i } B. F., [L. S.] Supervisor. (Add other signatures of board and official de- scriptions and seals.) 'i. See section 65 of chapter 569 of who shall forthwith give notice to the Laws of New York of 1890, as to ap- person appointed. A copy of the pointments to fill vacancies in town appointment of a justice of the peace offices, and the times for which such shall also be filed in the office of the appointees are to hold their oflices. county clerk, before the person ap- The board making the appointment pointed shall be authorized to act. shall cause the same to be forthwith (See same section.) filed in the office of the town clerk, No. 1032. ITotice to town oflcer, appointed by town board to fitll a va- cancy, of his appointment. (Laws of N. Y. of 1890, chap. 569, § 65.) To M. R. : You are hereby notified of your appointment by the town board of the town of , as (constable) in and for the town of , to fill the vacancy in that office occasioned by the resignation (or, death, etc.) of F. M., by an instrument under the hands and seals of said board (or, of a majority of said board), dated , i , and filed in my office on the day of, , i , such office to be held by you until the next annual town meeting of said town, and until your successor is elected or appointed in your place and has qualified.^ Dated , i Yours, etc., M. N., Town Clerk of the town of . I. See section 65 of chapter 569 of has ten days after the service of this Laws of New York of i8go, as to notice to take and subscribe the con. this notice. The party appointed stitutional oath of office (form No. II40 Forms Relating to loig), and such other oath as may be serve, and the office ma required by law. This oath must be in case of vacancy. (5 filed within eight days. in the town § 51.) For form of oflB clerk's office, which shall be deemed form No. 1019, and for an acceptance of the office, and a see form No. 1022. Tl neglect or omission to take and file visions do not, howei such oath, or a neglect to execute justices of the peace, and file, within the time required by oath and undertaking s law, any official bond or undertak- of same chapter, ing, shall be deemed a refusal to TITLE III. Forms Relating to General Duties of Town Off (Laws of N. Y. of 1890, chap. 569, art. 4.) No. 1033. Notice to inhabitants of town to assist in extingui the woods. 1034. Notice of qualifying of constable by town clerk to 1035. Oath to be administered to town clerk, etc., going by his successor, on delivery of records, etc. 1036. Same to executor, etc., of town clerk. No. 1033. Notice to inhabitants of town to assist in extingii in the woods. (Laws of N. Y. of 1890, chap. 569, § 52. To A. B., etc., inhabitants of the town of , in of : You are hereby notified of a fire in the woods, £ ing place) in said town, and you and each of you required and ordered, pursuant to statute, to rej said place where said fire is prevailing, and there extinguishing the same, or in stopping its progres Dated , i . Yours, etc., M. F., (Justice of the Peace) of the town I. See section 82 of chapter 569 of Laws of New York of il notice. Towns. i 141 No. 1034. Notice of qualifying of constable by town clerk to county clerk. (Laws of N. Y. of 1890, chap. 569, § 83.) To A. C. R., Esq., county clerk of county : I hereby certify and return, pursuant to law, that M. R., who was duly elected a constable in and for the town of , in said county, at the annual town meeting of said town, held at the town hall of said town on the day of , I (or, who was duly appointed on the day of , I , by the town board of said town, a constable, in and for the town of , in said county), has duly qualified as such constable, on the day of , i } Dated , i F. P., Town Clerk of the town of . 1. See section 83 of chapter 569 of By the same section any town Laws of New York of 1890, as to this clerli willfully omitting to make certificate, and see section 65 of same above return to the county clerk, for- chapter as to appointments of town feits the sum of ten dollars, to be re- officers to fill vacancies by town covered by the supervisor in the board. name of, and for the use of, the town. No. 1035. Oath to be administered to town clerk, etc., going out of office, by his successor, on delivery of records, etc. (Laws of N. Y. of 1890, chap. 569, § 84.) County of — Town of - I, M. N., of , do hereby solemnly swear and make oath, pursuant to statute, that the record books and papers herewith delivered, upon his demand, to L H., my successor in ofilTce as (town clerk) of the said town of , are all the record books and papers in my possession, or under my con- trol, belonging to the said ofifice of (town clerk) of said town, and that the amount paid by me at the time of such delivery 1 142 Forms Relating to to said I. H., to wit, the sum of dollars, is all the money belonging to said town remaining in my hands.^ (Jurat, as in form No. 32.) M. N. I. See section 84 of chapter 569 of livery by them, to his successor in Laws of New York of i8go, as to office, of such records, etc. this oath, and see next form. No. 1036, See, also, Matter of Baker (ii for form of oath of executors, etc., of How. Pr. 418); Victory v. Blood (25 deceased town clerk, etc., upon de- Hun, 516). No. 1036. Oath to be administered to executor or administrator of town clerk, etc., by his successor in office, on delivery of records, etc. (Laws of N. Y. of 1890, chap. 569, § 84.) ss.. County of — Town of I (or, we), L. M., of (and, O. P., of ), do (sever- ally) solemnly swear and make oath, pursuant to statute, that I am (or, that we are) the executor (or, executors) of the will [or, administrator, or, administrators of the estate] of M. N., late of , deceased, who was at the time of his death the (town clerk) of the said town of ; that the records, books and papers herewith delivered to I. H., the successor of said M. N. in the office of (town clerk) of the said town of , are all the records, books and papers in the possession or under the control of deponent (or, depo- nents) belonging to the office of (town clerk) of said town, and which were in the possession of said M. N. at the time of his death, belonging to said office.' (Jurat, as in form No. 32.) L. M. O. P. I. See section 84 of chapter 569 of ' to in note to last form, as to this Laws of New York of 1890, referred oath. Towns. i 143 TITLE IV. Forms Relating to Division Fences. (Laws of N. Y. of 1890, chap. 569, art. 5.) No. 1037. Location of division fence between lands bounded by a line be- tween banks of streams not navigable. 1038. Notice by owner of lands to adjoining owner that he desires to have them lie open. 1039. Notice by owner of lands to adjoining owner that he desires to have his lands lying open inclosed. 1040. Decision of fence viewers upon subdivision or new apportion- ment of division fence, by reason of transfer of title. 1041. Certificate of fence viewers in case of disagreement between ad- joining owners as to division fence. 1042. Appraisal by fence viewers of damages for neglect to make or keep in repair division fence. 1043. Request of adjoining property owner to make or repair division fence. 1044. Request of adjoining owner to put in repair division fence in- jured or destroyed by floods or other casualty. No. 1037. Location of division fence between lands bounded by a line between banks of streams not navigable. (Laws of N. Y. of 1890, chap. 569, § 100, as amended 1892, by chap. 92.) County, ) Town of , f Whereas, A. B. and C. D. are the owners of adjoining lands, situated in said town, and bounded by the center Hne of (the name of stream), which stream is not navigable. And whereas, the said B. and D. cannot agree upon the manner in which the division fence between them shall be main- tained : And we, the undersigned (two of) the fence viewers of said town, having made due inquiry into the facts and cir- cumstances, and examined the premises, after due notice to the parties interested, do find and direct, pursuant to statute, that the division fence between the lands of said B. and D. shall be located on the bank of said stream, and shall 1 144 Forms Relating to be located as follows, viz.: (describing location), and that the portion of said division fence which shall be kept and main- tained respectively by said A. and B., shall be (each the one- half part) thereof, and that the said A. B. and C. D. shall contribute in that proportion to the cost of the construction and maintenance thereof. Our fees herein amount to dollars. Witness our hands, this day of - I. By section 23 of chapter 569 of Laws of New York of 1890, the as- sessors and commissioners of high- ways elected in every town shall, by virtue of their offices, be fence view- ers of their town. By section 103 of same chapter, if disputes arise between the owners of adjoining lands concerning the liability of either party to make or maintain any division fence, or the proportion or particular part of the fence to be made or maintained .by either of them, such dispute shall be settled by any two of the fence viewers of the town, one of whom shall be chosen by each party; and if either neglect, after eight days' notice, to make such choice, the other party may select both. The fence viewers, in all matters heard by them, shall see that all interested parties have had reasonable notice thereof, and shall examine the premises and hear the allegations of the parties. If they cannot agree they shall select another fence viewer to act with them, and the decision of any two shall be reduced to writing, and con- tain a description of the fence and the proportion to be maintained by — , in the year i — E. F., G. H., Fence Viewers. each, and shall be forthwith filed in the office of the town clerk, and shall be final upon the parties to such dis- pute and all parties holding under them. See, also, as to powers of fence viewers and their fees, etc., in mat- ters of division fences, section 104 of same chapter, and see section 100 of same chapter as to the above form; and see, generally, as to division fences,Terry v. N.Y. Cent. R. R. Co. (22 Barb. 579); Ferris v. Van Buskirk (18 id. 397); Adams v. Van Alstyne 35 id. 9); Chryslar v. Westfall (41 id. 159); Perkins v. Perkins (44 id. 136); Ryan v. Rochester and Syracuse R. R. Co. (9 How. Pr. 453); Bronk v. Decker (17 Wend. 320); Rovey v. Aldrich (44 Hun, 320); Crandall v. Eldridge(46 id. 411); People, ex rel. Foote, V. Dewey (3 T. & C. 638). It is not one-half in length of a division fence which the statute re- quires each owner of adjoining lands to build, but a just and equal proportion with reference to the cost of construction and maintenance. (People, ex rel. Foote, v. Dewey, supra^ Towns. i 145 No. 1038. Notice by owner of lands to adjoining owner that he desires to have them lie open. (Laws of N. Y. of 1890, chap. 569, § loi.) To E. D.: You are hereby notified, pursuant to statute, that I (*) choose to let the lands owned (and occupied) by me, in the town of , in the county of adjoining your lands, lie open and unfenced.^ Dated , i . Yours, etc., A. B. I. See section loi of chapter 569 this notice, and its effects. See, also of Laws of New Yorlc of i8go, as to note i to last form, No. 1037. No. 1039. Notice by owner of lands to adjoining owner that he desires to have his lands lying open, inclosed. (Laws of N. Y. of 1890, chap. 569, § loi.) As in form No. IQ38, to (*), and from thence as follows : Intend to have the lands owned (and occupied) by me, in the town of , in the county of — — ■, adjoining your lands, and now lying open, inclosed, and that I will refund to you a just proportion of the value of the division fence made and maintained by you between said lots^ (or, will build and maintain my proportion of a division fence between said lots).2 Dated , i . Yours, etc., A. B. 1. See section loi of chapter 569 maintained, insert this clause in of Laws of New York of 1890, as to brackets in place of the previous one. this notice, and see note to last form (See same section.) See, also, note and note therein referred to. i to form No. 1037. 2. If no fence has been made and 144 1 146 Forms Relating to No. 1040. Decision of fence viewers upon subdivision or new apportion- ment of division fence, by reason of transfer of title. (Laws of N. Y. of 1890, chap. 569, § 102.) County of — Town of - Whereas, A. B. and C. B. have become owners of adjoin- ing lots, situated in said town of , by reason of th^e transfer of title to them, respectively, of said lots, by M. N. and O. F. (or, recite other facts). And whereas, the said owners have disagreed as to the value of the division fence between said lots, and the proportion thereof to be paid by the said A. B. (or, as to the proportion of the division fence between their said lots, to be built and kept in repair by them, respectively) : Now, therefore, we, the subscribers, two of the fence view- ers of said town, do hereby certify, that upon the applica- tion of said owners, we have examined the premises, and have heard their allegations, after due notice to them, and that due deliberation having been had thereon, we find and determine that the value of the division fence between the said lots is the sum of dollars, and that the proportion thereof to be paid by said A. B. is the sum of dollars [or, that the (one-half) part of said fence, at the end thereof, is the proportion thereof to be built and kept in re- pair by said A. B., and that the remainder of said fence is the proportion thereof to be built and kept in repair by said C. B.). Said fence is described as follows, to wit : (describe same). And we further certify that our fees for said services herein amount to the sum of dollars. In witness, etc. (as in form No. ).' I. H., J. M., Fence Viewers. I. See section 102 of chapter 569 to division fences, note i to fornix of Laws of New York: of 1890, as to No. 1037. this certificate, and see generally as Towns. i 147 No. 1041. Certifloate of fence viewers in ease of disagreement between adjoining owners as to division fence. (Laws of N. Y. of 1890, chap. 569, § 103.) County of — . ss.. Town of - Whereas, A. F. and C. B., being owners of adjoining lands situated in said town, and having disagreed as to the portions of a division fence to be .made (or, kept in repair) by them respectively between said lands : Now, therefore, we, the subscribers, two of the fence viewers of said town, do hereby certify that upon the appli- cation of said owners we have examined the premises and have heard their allegations, after due notice to them, and that due deliberation having been had thereon, we do deter- mine that said division fence be built as follows, viz.: (de- scribe same), and that the (one-half) part of said fence, at the end thereof, is the proper proportion thereof to be built (or, to be put and kept in repair) by the said A. F., and that the remainder of said fence is the proper pro- portion thereof to be built (or, to be put and kept in re. pair) by the said C. B. And we further certify that our fees for said services herein amount to the sum of dollars. In witness whereof, we have hereunto set our hands this day of , I } I. H., J. M., Fence Viewer^ I. See section 103 of chapter 569 of ' generally, as to powers and duties Laws of New York of i8go, cited in and fees of fence viewers, and as ta note 1 to form No. 1037, as to this division fences, certificate, and see, also, that note, 1 148 Forms Relating to No. 1042. Appraisal by fence viewers of damages for neglect to make or keep in repair division fences. (Laws of N. Y. of 1890, chap. 569, §§ 105, 108.) County of Town of , F. P., the owner of lands situated in said town, having made application to the undersigned, two of the fence view- ers of said town, to ascertain and appraise the damages arising in consequence of the refusal (or, neglect) of M. E., the owner of land in said town adjoining the land of said F. P., to make and maintain his proportion of a division fence between the aforesaid lands (or, to keep in repair; or, in permitting his proportion of, etc., to be out of repair), we have examined the premises, and after inquiry and examina- tion made by us, after due notice to said M. E., we do hereby decide and determine that the said F. P. has sus- tained damage to his land, crops, fruit trees and shrubbery in consequence of the refusal (or, neglect) of the said M. E. to make and maintain (or, to keep in repair ; or, in permit- ting to be out of repair) his proportion of the said division fence) as aforesaid, which said damages we have ascertained and appraised at the sum of dollars. And we further certify that our fees for our services herein amount to dollars. In witness, etc. (as in form No. 1041).' A. R., C. F., Fence Viewers. I. See sections 105 and 108 of may make or repair the same at the chapter 569 of Laws of New York of expense of the party so neglecting or i8go, as to this appraisement, and see refusing, to be recovered from him note I to form No. 1037. with costs. See next form for form If such neglect or refusal shall be of request, continued for the period of one By section 108, id., the appraise- month after request in writing to make ment shall only h& prima facie evi- or repair the fence, the party injured dence of the amount of such damages. Towns. i 149 No. 1043. Bequest of adjoining property owner to make or repair divis- ion fence. (Laws of N. Y. of 1890, chap. 569, § 105.) To M. E. : You are hereby notified and requested, pursuant to stat- ute, to make (or, to put in repair) your proportion of the di- vision fence between the land of the undersigned and your adjoining land in the town of , in the county of , within one month after the service upon you of this notice, or in case of your failure so to do, the undersigned will make (or, repair) the same, at your expense.* Dated , i . Yours, etc., F. P. I. See last clause of section 105 of 1890, cited in note i to last form. No. chapter 569 of Laws of New York of 1042, as to this notice. No. 1044. Bequest, by adjoining owner, to put in repair division fence injured or destroyed by floods or other casualty. (Laws of N. Y. of 1890, chap. 569, § 106.) To M. E.: You are hereby notified and required, pursuant to law, to riiake (or, repair), within ten days after the service of this notice upon you (your just proportion of) the division fence between the lands of the undersigned and your adjoining lands, in the town of , in the county of , which fence has been destroyed (or, injured) by a flood (or, name other casualty), and that in case of your refusal (or, neglect) so to do, I, the undersigned, will make and repair the same at your expense.' Dated , i . Yours, etc., F. P. I. See section 106 of chapter 569 of Laws of New York of 1890, as to this notice and requisition. II50 Forms Relating to TITLE V. Forms Relating to Strays and CHATTE:ts Doing Damage, Floating Timbers and Wrecks. (Laws of N. Y. of 1890, chap. 569, art. 5.) No. 1045. Notice to town clerk of lien upon beasts found upon land doing damage. 1046. Notice to owners of beasts taken doing damage that they are upon his land or in pound. 1047. Certificate of fence viewers as to charges, etc., due to owner for animals taken doing damage. 1048' Notice of sale of property by fence viewers in foreclosure of lien. 1049. Petition to County or City Court by sheriflF, etc., for leave to sell perishable wrecked property. 1050. Order of County or City Court, directing sale of wrecked prop- erty. 1051. Petition by owner or consignee, etc., of wrecked property claim- ing same or proceeds thereof. 1052. Order of County Court directing delivery of wrecked property or payment of proceeds of same. 1053. Undertaking to be given by claimant of wrecked property upon application therefor or for the proceeds thereof. 1054. Statement of claim for salvage and expenses on wrecked prop- erty or its proceeds. 1055. Petition to County Court for adjustment by appraisers of salvage and expenses on wrecked property. 1056. Order of County Court upon petition form No. 1055, appointing such appraisers. 1057. Oath of such appraisers. 1058. Decision of such appraisers. 1059. Notice of sale of wrecked property by sheriff, etc. 1060. Notice by sheriff of wrecked property which has come into his possession. No. 1045. Notice to town clerk of lien upon beasts found upon laud do- ing damage. (Laws of N. Y. of 1890, chap. 569, § 121.) To the town clerk of the town of , in the county of : You are hereby notified, pursuant to statute, that I, the undersigned, a resident of (the said town), have taken and have now in my possession, certain horses, etc., viz.: (de- Towns. 1151 scribing them), which were found more than five days since, upon (inclosed) land situated (in part) in the said town of , owned (or, occupied) by me, doing damage (or, having strayed thereupon), which have not come upon said land from adjoining lands, where they were lawfully kept, by rea- son of my refusal or neglect to make or maintain a division fence required of me by law, and that I claim a lien upon said horses, etc., for the damage sustained by me by reason of their so coming upon my said lands and doing damage, for my reasonable charges for keeping them, and all fees and costs made thereon.' Dated ■ I- I. See sections 120 and 121 of chap- ter 569 of Laws of New York of i8go, as to this notice, which is required to be recorded by the town cleric in a book to be kept by him for that purpose, for which he shall teceive ten cents for each beast, to be paid by the person delivering the notice. Such book shall always be kept open for inspection, and no fees shall be taken by the clerk therefor. See, also, section 122 of same chap- ter, as to impounding beasts after six days. By section 135 of same chapter it is provided that when any person shall be authorized to distrain inani- mate goods or chattels doing dam- age, or whenever any logs, timbers, boards or planks, in rafts or other- wise, or other personal property shall have drifted upon his land, he shall be entitled to the same remedies, and M. F. shall proceed therein in the same manner and with the same powers as therein provided with respect to beasts found doing damage, so far as such provisions are applicable. He may at any time deliver his notice of lien to the town clerk, describing the property, and he shall keep the same in some convenient place without re- moval to a pound, until the property is sold or reclaimed. The same of- ficers shall conduct proceedings therein as in proceedings where beasts are found doing damage, and all proceeds of sale shall be, in like manner, paid over and applied, sub- ject to the same penalties and liabili- ties and with the same force and effect. Under these provisions the above form and forms Nos. 1046, etc., may be used in such proceedings, with suitable changes adapting them to the circumstances. No. 1046. Notice to owner of beasts taken doing damage that they are upon his lands or in pound. (Laws of N. Y. of 1890, chap. 569, § 123.) To A. B.: You are hereby notified, pursuant to statute, that certain horses, etc., owned by you, to wit : (describing them) have 1 1 52 FoBMs Relating to come and been found within thirty days (doing damage) upon (inclosed) lands owned (or, occupied) by me, situated (in part) in the town of , in the county of , and that said beasts are now upon my said lands (or, in pound), and are held by me as strays (or, beasts doing damage).^ Dated , i . Yours, etc., M. F. I. See section 123 of chapter 569 and if not known, by publication, of Laws of New York of 1890, as to within such time, in the nearest news- this notice, which is to be served, paper of the countj', for at least two either personally or by mail, upon successive weeks, the owner of the lands within thirty See, also, section 135 of same chap- days after the beasts may have come ter, cited in note i to last form. No. or been found upon the lands, upon 1045, as to proceedings in cases of the owner of the beasts, if known, logs, etc., drifted upon land. No. 1047. Certificate of fence viewers as to charges, etc., due to owner for animals taken doing damage. (Laws of N. Y. of 1890, chap. 569, § 124.) We, the undersigned, two of the fence viewers of the town of , in the county of , do hereby determine and certify as follows, viz. : That certain of the horses, etc., belonging to M. N., of said town, having been found upon the (inclosed) lands in said town of A. B., a resident of said town, doing damage (or, they having strayed upon his said inclosed land), and having been taken by said A. B., and due proceedings having been thereupon had, according to law, and the charges, damages, costs and fees in such proceedings not having been agreed upon between said A. B. and said M. F., and the amount thereof having been submitted to the undersigned for their determination thereupon, and we having examined the premises upon due notice to the par- ties, and heard their allegations : Now, therefore, we do hereby find and determine that the said charges, damages, costs and fees amount to the sum of dollars. Towns. 1153 And we further certify that our fees for our services herein amount to the sum of dollars. Witness our hands this day of , i } P. R. O. G. I. See section 124 of chapter 569 of As to proceedings in case of logs, Laws of New Yorlc of 1890, as to etc., drifted upon lands, see section this certificate; and as to fees of fence 135 of same chapter, cited in note i viewers, see section 125, id., and see to form No. 1045. note I to form No. 1045. No. 1048. Notice of sale of property by_ fence viewers in foreclosure of lien. (Laws of N. Y. of 1890, chap. 569, § 127.) Whereas, a notice of lien has been duly dehvered by A. B., of the town of , in the county of , the owner of land situated in the said town, to the town clerk of said town, on the day of , i , upon the animals of M. N., described as follows, to wit : (describe same), which animals were taken by said A. B., doing damage upon his said lands (or, having strayed upon his inclosed land). And whereas, the said M. N. has not redeemed the said animals, although more than three months have expired since the delivery of said notice to said clerk, now upon the application of the said A. B. to the undersigned, a fence viewer of said town : Notice is hereby given, pursuant to law, that the said beasts will be sold by me at public auction, at (name place of sale), in the said town of , on the day of , t , at o'clock in the noon, to the highest bidder, unless redeemed by the owner.^ Dated , i . F. R., Fence Viewer. I. See section 127 of chapter 569 of beasts may have been kept, one of Laws of New York of i8go, as to which shall be at or near the outside this notice, which must be given at door of the town clerk's office, least ten days previous to the sale. See, also, section 128 of same chap- by advertisement posted up in five ter as to disposition of proceeds of public places in the town where such sale. 1154 Forms Relating to As to notice to owner of meetings As to proceedings in case of logs, of fence viewers, etc., see section etc., drifted upon lands, see section 129, id. ; as to duties of fence viewers 135 of same chapter, cited in note i in this proceeding, see section 130, to form No. 1045. id.; as to application by owner for surplus moneys, see section 133, id. No. 1049. Petition to County or City Court by sheriff, etc. , for leave to sell perishable wrecked property. (Laws of N. Y. of 1890, chap. 569, § 139.) To the County Court of the county of (or, the City Court of the city of ) : The petition of A. B., of , respectfully shows : That he is the sheriff of the county of (or, name other officer) ; that as such sheriff he took into his possession, on or about the day of , i , in the name of the people oLthe State, certain wrecked property, to wit : (describing same), found in the town of , in said county of , of which no owner or person entitled to the possession has appeared ; that he has caused the value of said wrecked property to be appraised by disinterested persons, pursuant to statute, and has the same in a safe place to answer the claims of the per- sons entitled thereto, and has published the notice required by statute to be published in such cases, for the time re- quired by statute; that said property so saved is perishable property, so as to render the sale thereof expedient ; that the expenses of the care, preservation and keeping of said property amount to the sum of dollars, and the reason- able charges for salvage thereon amount to the sum of ;' that no previous application has been made for the relief asked for by this petition.^ Your petitioner prays that an order may be made by this court, authorizing such sale, at public auction, at the time and in the manner to be specified in said order, and that the proceeds of such sale, after deducting the expenses allowed Towns. 1155 by the court, may be paid to the county treasurer of said county of .' Dated , i . A. B. (Verification, substantially as in form No. 323.) 1. See sections 145, 146 and 147 3. See section 139 of chapter 569 as to allowance and appraisal of of Laws of New York of 1890, as to amount of expense and salvage upon this application. wrecked property. 2. See Rule 25 of General Rules of Practice. No. 1050. Order of County or City Court directing sale of wrecked property. (Laws of N. Y. of 1890, chap. 569, § 139.) At a term of the (County) Court of the county of , held at , on the day of , i . Present — Hon. J. C, County Judge. On reading and filing the petition of A. B., of , dated , I , by which it appears that said A. B. is the (sher- iff of the county of ), and as such sheriff has taken into his possession and custody, in the name of the people of the State, certain wrecked property, to wit (describing same), and the court being satisfied that a sale of the property would be most beneficial to the parties interested, it is hereby ordered, on motion of E. M., counsel for said petitioner, that the said sheriff of county, the officer having custody of the said property, be and he is hereby authorized and directed to sell the said property at public auction, in the said county, after giving public notice of such sale as required by law, and by section 148 of chapter 569 of Laws of New York of 1890, known as the town law, which sale shall be made on the day of , I , at o'clock in the noon (here give any further necessary directions as to the manner of sale).^ 1 1 56 Forms Relating to And it is further ordered, that the proceeds of such sale, after deducting expenses, which are hereby allowed at the sum of dollars, shall be paid by said sheriff to the county treasurer of said county of ? 1. By section 149 of chapter 569 of contain a particular description of Laws of New York of i8go, it is the property intended to be sold, provided that public notice of every See as to publication where it is sale to be made of wrecked property required to be made for a certain under the provisions of article sixth number of weeks and months, Anon- of that chapter, shall be published ymous (Col. & Caine's Cas. 428); by the officer making the sale, for at Belts v. City of Williamsburgh (15 least two weeks in succession, in one Barb. 255, 260); Matter of Excelsior or more of the newspapers pub- Fire Ins. Co. (16 Abb. Pr. 8); Wood lished in the county where the prop- v. Knapp (100 N. Y. 109, 113.) erty shall have been saved. Every 2. See section 139 of chapter 569 of such notice is required to state the Laws of New York of 1890 as to time and place of the sale, and to this order and its contents. No. 1051. Petition by owner or consignee, etc., of wrecked property claiming same or proceeds thereof. (Laws of N. Y. of 1890, chap. 569, § 140.) To the County Court of the county of (or, the City Court of the city of ) : The petition of R. F. respectfully shows : That he resides at , in the county of and State of ; that he is the (agent of F. C, the) owner (or, consignee) (of the cargo) of the (naming vessel), which said (vessel) was wrecked at (stating place), in said county, on or about the day of , I ; that said wrecked (vessel) (or, the cargo of said wrecked vessel) was found and saved and taken possession of by the (sheriff of said county), on or about the day of , I , and less than one year since [and an order having been made by this court, on the day of , . I , for the sale of the same, it being perishable prop- erty, the same was sold by said (sheriff) pursuant to law, and the proceeds thereof paid to the treasurer of the said county of ] ; that no previous application has been made by your petitioner for the relief hereby asked for.^ Towns. 1157 And your petitioner prays that said sheriff (or, said county treasurer) may be directed to deliver (or, pay) to him (as the agent for said F. C.) the said wrecked property (or, the proceeds of said wrecked property), he having established his claim thereto, upon the payment by him of a reasonable salvage, and all necessary expenses incurred in the preserva- tion and keeping thereof, and that your petitioner may have such further or other rehef as may be just and proper in the premises.^ Dated , i . R. F. (Verification, as in form No. 323.) 1. See Rule 25 of General Rules of this application, and see Baker v. Practice. Hoag (7 N. Y. 555, overruling 3 2. See section 140 of chapter 569 Barb. 203; S. C, 7 id. 113). of Laws of New York of i8go, as to No. 1052. Order of County Court directing delivery of wrecked prop- erty or payment of proceeds of same. (Laws of N. Y. of 1890, chap. 569, § 140.) At a term of the County Court of county, held at the (city) of , in said county, on the day of , I . Present — Hon. J. C. , county judge. In the Matter of the Petition ] of R. F. for delivery (or, payment of the proceeds) of wrecked property to him as (agent of F. C.) the owner, etc., thereof. On reading and filing the petition of R. F., dated I , by which it appears that said R. F. is the owner, etc. (or, the- agent of F. C, the owner, etc.) of the (cargo) of the 1 158 Forms Relating to (naming vessel), which said vessel was wrecked at (stating place), in the county of (and that an order was made for the sale of the same, it being perishable property, and the proceeds thereof paid to the county treasurer of county), and said claim having been established by evidence and an undertaking having been given and filed by said claimant pursuant to statute : Now, on motion of E. M., of counsel for said E. F., it is hereby ordered, that I. P., the sheriff of the county of (or, F. G., county treasurer of the county of ), deliver to said E. F., as such owner, etc. (or, the agent for such owner) the said property (or, the said proceeds of said property), upon payment by him of a reasonable salvage, and all necessary expenses incurred in the preservation of the proceeds of said property.^ I. See section 140 of chapter 569 of the Laws of New York of 1890, as to this order. No. 1053. Undertaking to be given by claimant of wrecked property, upon application therefor or for the proceeds thereof. (Laws of N. Y. of 1890, chap. 569, § 141.) Whereas, R. F. (as agent for F. C), the owner (or, con- signee) of certain wrecked property, to wit : (describing same) in the possession of the (sheriff of county) [or, of the proceeds of certain wrecked property, to wit : (describing property) in the possession of the county treasurer of county], is about to make an application to the County Court of the county of (or, name other court), for an order directing said property to be delivered by said (sheriff), (or, said proceeds to be paid by said treasurer) to him (as the agent of said F. C.) : Now, therefore, we, said R. F., of , and I. L., of do hereby undertake, pursuant to statute, in the sum of , that said R. F. will pay all damages recovered against him Towns. 1159 or his representatives, within two years after the date hereof, by any person establishing his title as owner of such prop- erty (or, proceeds).' Dated , i . R. F. I. L. (Acknowledgment, justification, etc., as in form No. 220.) (Approval by the court, substantially as in form No. 302.) I. See section 141 of chapter 569 ery of the property or proceeds. The of Laws of New York of 1890, as to undertaking is to be filed in the this undertaking, and see section 142, clerk's office of the county in which id., as to suit by claimant for recov- it shall be taken. No. 1054. Statement of claims for salvage and expenses on wrecked property or its proceeds. (Laws of N. Y. of 1890, chap. 569, § 143.) (Title of proceeding, as in form No. 1052.) The following is a statement of the salvage and expenses on the (cargo of the) wreck of the (naming and describing vessel), made pursuant to statute in the above entitled matter. (Here state in detail the items of these charges.)' Dated , i . (Signature of officer.) Sheriff (or. County Treasurer) of the county of . I. See section 143 of chapter 569 vage claimed in any case shall not of Laws of New York of 1890, as to exceed one-half of the value of the this statement, and as to adjustment property or proceeds, and every of amount of expenses and salvage, agreement, ordiir or adjustment al- By section 145 of same act, the sal- lowing a greater salvage shall be void. No. 1055. Petition to County Court for adjustment of salvage and ex- penses on wrecked property (Laws of N. Y. of 1890, chap. 569, § 146.) To the County Court of the county of (or, the City Court of the city of , in the county of ) : The petition of M. N. respectfully shows : (*) That he is the owner (or, consignee) of the (cargo of) the (name and de- ii6o Forms Relating to scription of vessel) (or, that he was the master or supercargo of the, etc., at the time the same was wrecked),' which (ves- sel) was wrecked at (state place), in the county of , on or about the day of , i : (f ) That (the cargo ofj said wrecked vessel was taken into the possession of the (sheriff) of the county of , on or about the day of , I [and said vessel (or, said cargo) was sold by said (sheriff) under an order of this court, dated , i , and the proceeds thereof paid to the county treasurer of said county on the day of , i ), and that (the pro. ceeds of) said (vessel) (or, said cargo) is (or, are) now in the hands of such (sheriff) (or, of said county treasurer) ; that the amount of the salvage and expenses on said saved prop- erty cannot be adjusted by agreement of the parties ; that no application has been made for the relief asked for by this petitioa (or, state application made and its result).^ And your petitioner prays that this court will appoint suitable persons as appraisers of the said property, pursuant to statute, to adjust the amount of such salvage and ex- penses.' Dated , i . M. N. (Verification, as in form No. 323.) [If the application is made by a claimant having an order for its delivery or payment, proceed as above to (*), and from thence as follows : that he is the claimant under an or- der of the (County Court) of, etc., dated, etc., a copy of which order is hereto annexed, and has exhibited said order to the said (sheriff), who has presented to your petitioner a written statement of his claims for salvage on said property (or, the proceeds of said property), but that your petitioner refused to allow such claims. Then as above, from (f ) to end thereof. Dated, etc. (Signature as above.) (Verification, as above.) (Annex copy order.)] 1. See Rule 25 of General Rules this application. For form of order of Practice. upon this petition, see next form, No. 2. See section 145 of chapter f^g 1056. of Laws of New York of 1890, as to Towns. ii6i No. 1056. Order of County Coiirt upon petition, last form, No. 1055, ap- pointing appraisers of wrecked property. (Laws of N. Y. of 1890, chap. 569, § 146.) At, etc. (as in form No. 1052). Present — Hon. J. C, county judge. In the Matter of the Appli-" cation of M. N. for ap- pointment of appraisers to adjust the amount of sal- vage and expenses on (the proceeds of) certain saved property, to wit : (describ- ing same). On reading and filing the petition of M- N., dated I , praying for the appointment of Appraisers pursuant to section 146 of the Laws of New York of 1890, and on motion of M. P., of counsel for said M. N., it is hereby or- dered, that I. F., P. C. and J. R., three disinterested free- holders of the county of , not inhabitants of the town of , to adjust the amount of the salvage and expenses on the saved property (or, on the proceeds of the saved property) in the hands of the (sheriff; or, of the county treasurer) of the county of , to wit : (the cargo of) the wreck of the (naming and describing vessel) [or, the proceeds of the wreck of the ]} I. See section 146 of chapter 569 of Laws of New York of 1890, as to this order. No. 1057. Oath, of appraisers of wrecked property appointed by order, form Ifo. 1056. (Laws of N. Y. of 1890, chap. 569, § 146.) (Title of proceeding, as in form No. 1056.) County, ss.: I. F., P. C. and J. R., being severally duly sworn, say: That-they will faithfully and impartially perform the duties t46 ii62 Forms Relating to of their trust as appraisers appointed in the above entitled proceeding, by an order of the County Court of county, dated , i } (Signatures of appraisers.) (Jurat, as in form No. 32.) I. See section 146 of chapter 569 this oath and as to powers and duties of Laws of New York of 1890, as to of such appraisers. No. 1058, Decision of appraisers appointed to adjust the amount of sal- vage and expenses upon wrecked property. (Laws of N. Y. of 1890, chap. 569, § 146.) (Title of proceeding, as in last form, No. 1057.) We, the undersigned (two of the) appraisers appointed pursuant to statute, by an order of the (County) Court of the (county) of , made in the above entitled proceeding, dated , i , and entered in county clerk's office, do hereby find and decide as follows : First. That having taken the oath required by law, which oath is hereto annexed, we have proceeded to ascertain and adjust the said amount, and have heard the allegations of the parties, and the testimony of the witnesses who have attended or have been produced by them. Second. That the amount of such salvage is the sum of , and that A. F. is entitled to receive the one part thereof, to wit : the sum of dollars ; that E. B. is entitled to receive the part thereof, to wit : the sum of dol- lars, etc. (stating, in like manner, the amount to be paid to each person entitled to share therein). Third. That the amount of such expenses is the sum of dollars, and that said E. B. is entitled to receive the part thereof, etc. (stating the amount to be paid to each one entitled). And we further report that our fees and expenses as such appraisers amount to the sum of dollars, to wit : for Towns. 1163 days' attendance of each appraiser, at five dollars per day, and dollars for our expenses as such appraisers. Witness our hands at , this day of , i .' (Signatures of appraisers.) (Annex oath, last form, No. 1057.) I See section 146 of chapter 569 paid by tiie person upon whose ap- of Laws of New York of i8go, as to plication they shall have been ap- this decision, and as to fees and ex- pointed, and are made a charge upon penses of appraisers, which are to be the property saved. No. 1059. Notice of sale of wrecked property by sheriff, etc. (Laws of N. Y. of 1890, chap. 569, § 147.) The wrecked property hereinafter described having been saved more than one year since, and having been taken pos- session of by the undersigned, the (sheriff) of the county of , and no person having appeared to claim the same [or, tne salvage and expenses thereupon not having been paid within three months after the same had been adjusted (or, after an action for the recovery of the said property had been commenced)] : Now, therefore, notice is hereby given, pursuant to statute, that the said property will be sold at public auction, by the undersigned, at (stating place of sale), on the day of , I , at o'clock in the noon, and the pro- ceeds of said sale, deducting salvage and expenses, will be paid into the treasury of this State, for the benefit of the parties interested. The following is the description of the said wrecked prop- erty, to wit (insert description).^ Dated , i . A. M., Sheriff. I. See section 147 of chapter 569 of Laws of New York of 1890, as to this notice. 1 164 Forms Relating to No. 1060. Notice by sheriff, etc., of wrecked property which has come into his possession. (Laws of N. Y. of 1890, chap. 569, § 149.) To all parties interested in the (name of vessel), a (descrip- tion of vessel), her cargo, apparel, furniture, etc. : Notice is hereby given, pursuant to law, that the wrecked property hereinafter described has come into the possession of the undersigned (sheriff of the county of ), on the day of , I , to wit: (describe property in the mariner required by section 149, above mentioned) ; that said wrecked property now is at (stating place), and the actual condition thereof is (stating same) ; that the name of the ves- sel from which said property was taken (or, cast ashore) is (giving such name) (or, is unknown), and that the name of the master of said vessel is A. B. (or, is unknown), and the name of the supercargo of said vessel is C. D. (or, is un- known), and that said vessel now is at (state where), in the town of , in said county, and that the actual condi- tion of said vessel now is as follows, viz. : (describing same).^ Dated , i . M. F., Sheriff. I. By section 149 of chapter 569 of property then is, and its actual con. Laws of New York of 1890, every dition, and the name, if linown, of sheriff, coroner or wreck-master, into the vessel from which it was taken whose possession any wrecked prop- or cast on shore, and of the master erty shall come, shall immediately and supercargo of such vessel, and thereafter publish a notice directed the place where such vessel then is, to all parties interested, for at least and its actual condition. The ex- four weeks in succession, in one or pense of publishing every notice more of the newspapers published in required to be published relating to the county where the property shall wrecks is to be charged on the prop- have been saved. Every such notice erty or proceeds to which it relates, is required to contain a minute de- As to publication of notice, see scription of such wrecked property, note i to form No. 1050. and every bale, box, cask, piece or See, as to number of wreck-mas- parcel thereof, and of the marks, ters and their appointment, section brands, letters and figures on each, 150, id. , and shall state where such wrecked Towns. 1165 TITLE VI. Forms Relating to the Town Board. (Laws of New York of 1890, chap. 569, art. 7.) No. 1061. Form of supervisor's account. 1062. Certificate of examination of supervisor's, etc., account, to be appended thereto. 1063. Certificate of rejection of account against town by town board. 1064. Certificate of allowance of such account in whole or in part. 1065. Account of justices of the peace in criminal matters, rendered to town board. 1066. Notice of appeal to board of supervisors, from allowance of account of justice of the peace, etc., for fees in criminal pro- ceedings. 1067. Affidavit to be annexed to account presented for audit to town board, etc. 1068. Abstract of names of persons who have presented to board of town auditors accounts to be audited, etc. io6g. Appointment by town board of town fire company, or to fill a vacancy therein. 1070. Appointment of temporarj' board of town auditors by town board. 1071. Appointment by supervisor to fill vacancy in board of town au- ditors. No. 1061. Form of supervisor's account. A. F., supervisor of the town of , in account with said town : 1890. Dr. Feb. 2. To am't rec'd of J. F., town collector, $200 00 Mar. 5. " " " as penalty collected by C. D., of E. F 12 so Contra. 1890. Cr. Mar. 3. By am't paid F. L., fees as counsel in suit of C. G. agst. town $50 00 Mar. 15. By am't paid C. F., inspector of elec- tions 2 75 ii66 Forms Relating to No. 1062. Certificate of examination of supervisors', etc., account, to be appended thereto. (Laws of N. Y. of 1890, chap. 569, § 161.) We, the undersigned, composing the town board of the town of , in the county of , do hereby certify, pur. suant to statute, that we have examined the foregoing (or, annexed) account of A. F. (supervisor) of said town, and that we find the same, in all respects, correct, and that the bal- ance now in the hands of the said suf)ervisor, belonging to said town, as appears from said account, is the sum of dollars.'^ Dated , i . A. B., CD., E. F., Justices of the Peace. L. M., Town Clerk of said town. (Annex statement of account.) I. See section 161 of chapter 569 clerk of the town, and to be produced of Laws of New York of 1890, as to by him at the next annual townmeet- this certificate, which is to be filed ing, and publicly read, if requested with the statement with the town by any elector. No. 1063. Certificate of rejection of account against town by town board- (Laws of N. Y. of 1890, chap. 569, § 162.) We, the undersigned (a majority of) the officers compos- ing the town board of the town of , in the county of , do hereby certify, pursuant to statute, that the an- nexed account of C. B. against the said town has been pre- sented to said board, and (*) has been wholly rejected by Towns. i 167 said board, at the second meeting thereof, held at , on the day of , i } In witness, etc. (as in form No. 1031, omitting words "and seals "). F. G., Supervisor. M. N., Town Clerk. W. P., O. R., Justices of the Peace. I. See section 162 of chapter 569 this certificate; which is to be filed in of Laws of New York of iSgo, as to the town clerk's office. No. 1064. Certificate of allowance of account against towns in whole or , in part. (Laws of N. Y. of 1890, chap. 569, § 162.) As in form No. 1063, to (*), and from thence as follows : has been wholly allowed (or, that the following items (and parts of items) thereof have been allowed, viz.: (stating them) by said board, and that the remaining items (and parts of items) thereof have been wholly rejected at the second meeting thereof, held at , on the day of , I ■"' In witness whereof, etc. (as in form No. 1063.) (Signatures, etc., as in form No. 163 1.) I. See section 162 of chapter 569 of Laws of New York of 1890, as to this certificate and filing thereof. No. 1065. Account of justice of the peace in criminal matters, rendered to town board. (Laws of N. Y. of 1890, chap. 569, § 164.) I, M. F., a justice of the peace of the town of , in the county of , do hereby render the annexed account, ii68 Forms Relating to marked Schedule A, to the town board of said town, pursu- ant to statute, in criminal proceedings, during the year I } Dated , i . M. F. Schedule' A. Name and residence of complainant. Offense charged. Action of justice upon com- plaint. Constable, etc., to whom warrant was delivered. Whether person was arrested or not. Whether examination was waived or had. Witnesses swom. ■ I. See section 164 of chapter 569 of Laws of New York of 1890, as to this account. No. 1066. Notice of appeal to board of supervisors fi:om allowance of account of justice of the peace, etc., for fees in criminal pro- ceedings. (Laws of N. Y. of 1890, chap. 569, § 163.) To the town clerk and board of supervisors of the county of Take notice that the undersigned, a (*) tax payer of the town of , in said county, hereby appeals to the said board of supervisors from the auditing and allowance, by the town board of said town, at their second meeting, held at , on the day of , i , of the account of M. F., a (justice of the peace) of said town, for fees in criminal proceedings, the certificate of which auditing and allowance was filed in the town clerk's office of said town on the day of , I } Dated , i . I. P. Towns. 1169 Or, as above, to (*), and from thence as follows : justice of the peace of the town of , in said county, hereby ap- peals to, etc. (as above), from the disallowance (or, reduction) by the town board of said town, at, etc. (as above), of the account of said M. F. (conclude as above, substituting words " disallowance " or " reduction " for " allowance " therein). I. See section 163 of chapter 569 taken within fifteen days after the of Laws of New York of 1890, as to filing of certificate of allowance or this notice. The appeal is to be disallowance. No. 1067. Affidavit to be annexed to account presented for audit to town board, etc. (Laws of N. Y. of 1890, chap. 569, § 167.) County, ss.: A. B., of , being duly sworn, says : That he is the claimant mentioned in (or, the person presenting) the fore- going account ; that the items of said account are correct, and that the disbursements and services charged therein have been in fact made or rendered [or, are necessary to be made or rendered at the session of the town board (or, board of town auditors) of the town of , in the county of (or, of the board of supervisors of the county of , in said county), to be held at, etc., on, etc.], and that no part thereof has been paid or satisfied.* A. B. (Jurat, as in form No. 32.) I. See section 167 of chapter 569 the person presenting or claiming the of Laws of New York of 1890, as to same. Such account is to be made this affidavit, which is to be attached out in items. The chairman of the to and filed with any account ren- board or either of the superintendents dered to the board of town auditors may administer any oath required by or supervisors, or superintendent of that section. See, also, section 168. the poor for any services and dis- id. bursements, and is to be made by I I/O Forms Relating to No. 1068. Abstract of names of persons who have presented to board of town auditors, accounts to be audited, etc. (Laws of N. Y. of 1890, chap. 569, § 170.) To the board of supervisors of the county of : The following abstract of the names of all persons who have presented to the board of town auditors of the town of , in said county, accounts to be audited during the year I , the amounts claimed by each of such persons, and the amounts finally audited by the said board of town auditors, is herewith submitted, pursuant to statute, to wit :' NAMES. Amounts claimed. Amounts finally audited. A. F. t t •P $ (Signatures and description.) I. See section 170 of chapter 569 visors. As to election, number, of Laws of New York of i8go, as to powers, etc., of town auditors, see this abstract, which is to be delivered sections 172-177 of same chapter, to the clerk of the board of super- No. 1069. Appointment by town board of town fire company, or to fill a vacancy therein. f (Laws of N. Y. of 1890, chap. 569, § 171.) We, the undersigned, composing the town board of the town of , in the county of , at a meeting of said board, held at, etc., on, etc., do hereby appoint (*) P. R., etc. (naming persons), inhabitants of said town, to be a fire com- pany, for the extinguishment of fires in said town. In witness, etc. (as in form No. 103 1).' (Signatures, as in form No. 1070.) Towns. 1171 [Or, as above to (*J, and from thence as follows : C. M., an inhabitant of said town, to fill a vacancy in the fire com- pany heretofore appointed for the extinguishment of fires in said town, occasioned by the death, etc., of P. R. In witness, etc. (as above). (Signatures, as above.)] See section 171 of chapter 569 of vacancies by town board in such Laws of New York of 1890, as to companies, occasionedby death, res- this appointment, and as to filling ignation or otherwise. No. 1070. Appointment of temporary board of town auditors by town board. (Laws of N. Y. of 1890, chap. 569, § 175.) We, the undersigned, constituting (a majority of) the town board of the^ town of , in the county of — — , having convened at (naming place) in said town, at 10 o'clock in the forenoon, on the day of , i , do hereby appoint, pursuant to statute, A. M., M. N. and P. R. to be town auditors of said town, until the next annual town meeting to be held in said town. In witness whereof, we have hereunto set our hands and seals this day of , i .' A. B., Supervisor. [L. S.] C. D., Town Clerk. [l. S.J ^ E. F., G. H., Justices of the Peace. [L. S.J I. See section 175 of chapter 569 ately to be filed with the town clerk, of Laws of New York of 1890. as to See oath of office of town auditors this appointment, which is immedi- form No. 1019. 1 1 72 Forms Relating to No. 1071. Appointment by supervisor to fill vacancy in the board of town auditors. (Laws of N. Y. of 1890, chap. 569, § 176.) I, F. H., supervisor of the town of , in the county of -, do hereby appoint, pursuant to statute, I. L., as town auditor of said town, to fill the vacancy in the board of town auditors of said town, occurring by reason of the (death) of A. M., and to hold said office until the next annual toAvn meeting of said town.^ Dated , i . F. H., Supervisor. I. See section 176 of chapter 569 of Laws of New York of i8go, as to this appointment. TITLE VII. Forms Relating to the Town Municipal Debt Law. (Laws of N. y. of .1890, chap. 569, art. 9.) No. 1072. Report of supervisor to board of supervisors of public debt of town. No. 1072. Report of supervisor to board of supervisors of public debt of town. (Laws of N. Y. of 1890, chap. 569, §§ 210, 211, 213.) To the board of supervisors of the county of : I, E. F., supervisor of the town of , do hereby report, pursuant to statute, the amount of the public indebtedness of said town as follows : Towns. 1 173 AMOUNT. bonds of $— each, dated — I , principal payable in years from date With(semi-annual) interest there- upon, issued un- der act chapter -, of I Rate of interest thereupon. per centum per annum. Amou unpaid at time of my election, Amount paid at the date of this report. of principal, with in- terest thereon from of principal with inter- est thereon from , (And so on, stating each indebtedness separately, in tabu- lar form.) In witness whereof, I have hereunto set my hand, this day of I. See sections 210, 211 and 213 of chapter 569 of Laws of New York of 1890, as to this report, which, by sec- tion 212 of same chapter, is to be published in the annual report of the E. F., . Supervisor. board of supervisors. See, also, as to duplicate report of supervisor at expiration of his term of office, to an- nual town meeting, section 213 of same chapter. TITLE VIIL Forms Relating to Town Business in Counties of More Than Three Hundred Thousand Inhabitants. (Laws of N. Y. of 1890, chap. 569, art 10.) No. 1073. Division of town into election districts. 1074. Certificate of alteration of election districts. 1075. Notice of election. 1076. Appointment to fill vacancy in town office. No. 1073. Division of town into election districts. (Laws of N. Y. of 1890, chap. 569, § 223.) We, the undersigned, the supervisor, town clerk and assessors of the town of , in the county of , do 1 174 Forms Relating to hereby certify, pursuant to statute, that (*) we have this day divided the said town into election districts, as follows : The first district is bounded and described as follows : (describe same). The second district is bounded and described as follows : (describe same). (And so on as to each district.) In witness, etc. (as in form No. 1031, omitting words "and seals ")} E. H., LP., M. N., Assessors. F. F., Town Clerk. B. R., Supervisor. I. See section 223 of chapter 569 containing more than five hundred of Laws of New York of 1890, as to electors, this certificate, which relates to towns No. 1074. Certificate of alteration of election districts. (Laws of N. Y. of 1890, chap. 569, § 223.) As in last form to (*), and from thence as follows : that we hereby alter the boundaries of the election districts of said town, and that said boundaries are to be as follows : The first district is bounded, etc. (as in form No. 1073, to ^' (Signatures, as in form No. 1073.) No. 1075. Notice of election. (Laws of N. Y. of 1890, chap. 569, § 227.) To the electors of the town of , in the county of —■ — : Notice is hereby given, pursuant to statute, that the next general election (or, special election appointed by the gover- nor of this State) will be held on the day of , i . in election district No. i, at the town house in said district : in election district No. 2, at the (stating place) in said district. Towns. 1175 and that the polls will be opened on said day at o'clock in the noon, and closed at sunset of that day, at which elec- tion the following officers will be elected, to wit : (stating the officers to be elected, including the town officers, of whom a statement is to be furnished by the town clerk). Dated at , the day of , i- } (Signatures and descriptions.) I. See section 227 of chapter 569 of that section that no such election is Laws of New York of 1890, as to to be held illegal for want of proper this notice ; but it is provided by notice. No. 1076. Appointment to fill vacancy in town ofllce. (Laws of N. Y. of 1890, chap. 569, § 228.) We, the undersigned, the supervisor and (a majority of the) justices of the peace of the town of , in the county of , do hereby certify, pursuant to statute, that at a meeting held this day in the town hall of said town, at o'clock, A M. (*), we have accepted the resignation of M. P., (a justice of the peace) of said town, and that we have ap- pointed, and do hereby appoint, A. E. to fill the vacancy occasioned by the said resignation, and to serve until the first day of (January), i } Witness our hands this — — day of , i . (Signatures and descriptions.) [Or, as above to (*), and from thence as follows : we have appointed, and we do hereby appoint, A. E. to fill the va- cancy in the office of (justice of the peace), occasioned by the death (etc.) of M. P., a (justice of the peace) of said town, to serve until the first day of (January), i . Witness, etc., as above. 'c- ^ i_ \n (Signatures, as above.)] I. See section 228 of chapter 569 other officer, until the first day of of Laws of New York of i8go, as to January next succeeding such elec- this appointment. The certificate of tion. the appointmemt is to be filed forth- For form of oath of office, see with in the town clerk's office. In form No. 1019; for form of under- the case of collectors the appoint- taking, see form No. 1022, and see ment is until the first day of May section 230 of same chapter as to next succeeding the then . ensuing such oath and undertaking, general election; in the case of any 1 176 Forms Relating to ■ CHAPTER XLII. Forms Relating to Trade Marks, and Ap- plications Therefor. No. 1077. Letters of advice. 1078. Statement by an individual. 1079. Statement by a firm. , 1080. Statement by a corporation . 1081. Declaration to be annexed to statement. 1082. Amendment of statement. 1083. Form of application for registration of prints and labels. No. 1077. Letter of advlca To the commissioner of patents : The undersigned presents herewith a fac simile of his law- ful trade mark, and requests that the same, together with the accompanying statement and declaration, may be registered in the United States Patent Office, in accordance with the law in. such cases made and provided.^ A. B. I. Independent of legislation de- the public of the origin of the goods daring rights in trade marks, there to which it is attached, and an assur- is a general doctrine of equity pro- ance that they are the genuine arti- tecting them which is well under- cle of the original producer; and the stood. Every one is at liberty to af- courts will protect him in the exclu- fix to a product of his own manufac- sive use of it. (Manufacturing Co. ture any symbol or device not previ- v. Trainer, loi U. S. 51.) ously appropriated, which will dis- Property in a trade mark or name tinguish it from articles of the same has very little analogy to that in copy- general nature, manufactured and rights or patents. The property is sold by others, and thus secure to not in the abstract name, except as himself the benefit of increased sale denoting that the article marked is by reason of any peculiar excellence manufactured by a certain person, he may have given to it. The sym- so that no one else may put the mark bol or device thus becomes a sign to on his own goods to pass them oflFas Trade Marks and Applications Therefor, ii 77 the production of him who has the This act was held to be unconstitu- first right to use the trade marli;. tional. In 1876, August 14, another (Osgood V. Allen, i Holmes, 185; 6 act was passed by Congress to pun- Am. L. T. 20; 7 Am. L. Rev. 568.) ish counterfeiting of trade marks, See, also, United States v. Roche (i etc., which was also declared to be McCrary, 385). unconstitutional. See Trade Mark The rights and remedies concern- Cases (100 U. S. 82). Another act ing trade marks generally depend of Congress was passed March 3, upon the laws of the States, common 1881, entitled ''An act to authorize or statutory, and not upon the laws the registration of trade marks and of the United States. (Luytes v. protect the same," under which and HoUender, 21 Fed. Rep. 281.) the act of June 18, 1874(18 Stats, at In the year 1870, an act was passed Large, p. 78), the forms contained in by Congress relatihg to trade marks, this chapter are prepared, and sanc- the provisions of which are con- tioned by the United States Patent tained in sections 4937-4947 of the Office. Revised Statutes of the United States. The following are among the rules and forms adopted by the United States Patent Office for the registration of trade marks under the act of March 3, 1881 : Who May Obtain Registration. I («) Any person, firm or corporation domiciled in the United States or located in any foreign country which, by treaty, convention, or law, affords similar privileges to citi- zens of the United States, and who is entitled to the exclu- sive use of any trade mark and uses the same in commerce with foreign nations or with Indian tribes. {b) Any citizen or resident of this country wishing the pro- tection of his trade mark in any foreign country, the laws of which require registration in the United States as a condi- tion precedent. Statutory Requirements. 2. Every applicant for registration of a trade mark must cause to be recorded in the patent office : («) The name, domicile and place of business or location of the firm or corporation desiring the protection of the trade mark, and the residence and citizenship of individual applicants. 148 1 178 Forms Relating to {b) The class of merchandise and the particular descrip- tion of goods comprised in such class to which the trade mark has been appropriated. {c) A description of the trade mark itself, with fac similes thereof, and the mode in which it has been applied and used. {d) The length of time during which the trade mark has been used by the applicant on the class of goods described. 3. A fee of $25 is required on filing each application, ex- cept in the cases hereinafter named. The Application. 4. An application for the registration of a trade mark will consist of a statement or specification, a declaration or oath, and the fac simile with duplicates thereof. The statement and declaration should be written on one side of the paper only. 5. These should be preceded by a brief letter of advice requesting registration and signed by the applicant. 6. The statement should announce the full name, citizen- ship, domicile, residence and place of business of the appli- canf(or, if the applicant be a corporation, under the laws of what State or nation incorporated), with a full and clear specification of the trade mark, particularly discriminating between its essential and non-essential features. It should also state from what time the trade mark has been used by the applicant, the class of merchandise and the particular goods comprised in such class to which the trade mark is appropriated, and the manner in which the trade mark has been applied to the goods. 7. The declaration should be in the form of an oath by the person, or by a member of the firm, or by an oflficer of the corporation making the application, to the effect that the party has at the time of filing his application a right to the use of the trade mark described in the statement ; that no other person, firm or corporation has a right to such use, either in the identical form or in such near resemblance thereto as might be calculated to deceive ; that such trade mark is used in lawful commerce with foreign nations or In- dian tribes, one or more of which should be particularly Trade Marks and Applications Therefor. 1179 named ; and that it is truly represented in the fac simile pre- sented for registry. 8. This oath may be taken within the United States be- fore a notary public, justice of the peace or the judge or clerk of any court of record. In any foreign country it may be taken before the secretary of a legation or consular ofificer of the United States, or before any person duly qualified by the laws of the country to administer oaths, whose official character shall be certified by a representative of the United States having an official seal. Fac Similes to be Filed. 9. Where the trade mark can be represented by a fac simile which conforms to the rules for drawings of mechan- ical patents, such a drawing may be furnished by applicant, and the additional copies will be produced by the photo- lithographic process at the expense of the office. Or the applicant may furnish one fac simile of the trade mark, mounted on a card ten by fifteen inches in size, and ten ad- ditional copies upon flexible paper, not mounted ; but in all cases the sheet containing the mounted fac simile or the drawing niust be signed by the appHcant or his authorized attorney, and authenticated by two witnesses. Proceedings in the Office. 10. All applications for registration are considered in the first instance by the trade mark examiner. An adverse de- cision by such examiner upon the applicant's right to regis- tration will be reviewed by the commissioner in person upon petition without fee. 11. No trade mark will be registered unless it shall be made to appear that the same is used as such by the appli- cant in commerce between the United States and some foreign nation or Indian tribe, or is within the provisions of a treaty, convention or declaration with a foreign power, nor which is merely the name of the applicant, nor which is identical with a known or registered trade mark owned by another and appropriated to the same class of merchandise, or which so nearly resembles some other person's lawful ii8o Forms Relating to trade mark as to be likely to cause confusion in the mind of the public or to deceive purchasers. 12. The statement may be amended to correct informali- ties or to avoid objections made by the office, or for other reasons arising in the course of examination ; but no amend- ments will be admitted unless warranted by something in the statement or fac simile as originally filed. In respect to amendments the established rules in regard to applications for patents will be observed. The declaration cannot be amended. If that filed with the application is faulty or de- fective, a substitute declaration may be filed. 13. In case of conflicting applications for registration, or in any dispute as to the right to use which may arise be- tween an applicant and a prior registrant, the office will de- clare an interference, in order that the parties may have an opportunity to prove priority of adoption or right ; and the proceedings on such interference will follow, as nearly as practicable, the practice in interferences upon applications for patents ; but each applicant and registrant will be held to the date of adoption alleged in the statement filed with his apphcation. On the petition of any party dissatisfied with the decision of the examiner of interferences, the case will be reviewed by the commissioner without fee. 14. When these requirements have been complied with, and the office has adjudged the trade mark lawfully regis- trable, a certificate will be issued by the commissioner, under seal of the Interior Department, to the effect that applicant has complied with the law, and that he is entitled to the protection of his trade mark in such case made and pro- vided. Attached to the certificate will ' be a fac simile of the trade mark and a printed copy of the statement and declaration. 15. The protection for such trade mark will remain in force for thirty years, and may, upon the payment of a second fee, be renewed for thirty years longer, except in cases where such trade mark is claimed for and applied to articles not manufactured in this country, and in which it receives protection under the laws of any foreign coun- try for a shorter period, in which case it will cease to Trade Marks and Applications Therefor. ii8i have force in this country, by virtue of the registration, at the same time that the trade mark ceases to be exclusive property elsewhere. i6. The right to the use of any trade mark is assignable by an instrument in writing, and such assignment of a regis- tered trade mark must be recorded in the patent office within sixty days after its execution, in default of which it may be void as against any subsequent purchaser or mort- gagee, for a valuable consideration, without notice. No par. ticular form of assignment or conveyance is prescribed, but the trade mark must be identified by the certificate number. 17. Owners of trade marks for which protection has beien sought by registering them in the patent office under the act of July 8, 1870 (declared unconstitutional by the Supreme Court of the United States), may register the same for the same goods, without fee, on compliance with the foregoing requirements. With each application of this character, a specific reference to the date and number of the former cer- tificate is required. 18. Applicants whose cases were filed under the act of 1870, either prior to or since the decision of the Supreme Court declaring it unconstitutional, which are now pending before the office, are advised to prepare applications in con- formity with the law and foregoing rules. On the receipt of such an apphcation, referring to the date of the one already filed, all fees paid thereon will be duly applied. Those who have paid only $10 as a first fee are advised that the law does not provide for a division of the legal fee of $25, and that the remainder of the entire fee is required before the applica- tion can be entertained. No. 1078. Statement by an individual. To all whom it may concern : Be it known that I, A. B., a citizen of the United States, residing at Baltimore, Maryland, and doing business at No. street, in said city, have adopted for my use a trade mark for whisky, of which the following is a full, clear and exact specification : 1 1 82 Forms Relating to My trade mark consists of the word-symbol Moonshine. This has generally been arranged as shown in the accom- panying fac simile, which represents a rude still-house sur- rounded by hills and forests. Three men are engaged vari- ously about, and the scene is illuminated partly by the light of the fire, partly by the moon which appears in the heavens. Underneath the picture appears the word " moonshine " in ornamental letters ; but the style of lettering is unimportant, and the entire picture may be omitted or changed at pleasure without materially affecting the character of my trade mark, the essential feature of which is the word-symbol Moonshine. This trade mark I have used continuously in my business since July 4, 1876. The class of merchandise to which this trade mark is appropriated is distilled liquors, and the par- ticular description of goods comprised in said class upon which I use it is whisky. It is my practice to apply my trade mark to the bottles containing the liquor by means of suitable labels, on which it is printed in color, as above de- scribed. The word is sometimes also blown into the bottles.' Witnesses : A. B. C. D. E. F. (Annex form No. 1077.) I. By section i of the act of con- ' prised in such class to which the gress of March 3, 1881, it is provided particular trade mark has been ap- that the owners of trade marks used propriated ; a description of the in commerce with foreign nations or trade mark itself, with fac similes with the Indian tribes, provided such thereof, and a statement of the mode owners shall be domiciled in the in which the same is applied and United States, or located in any affixed to goods, and the length of foreign country, or tribes, which, by time during which the trade mark treaty, convention, or law, affords has been used, similar privileges to citizens of the Second. By paying into the treas- United States, may obtain registra- ury of the United States the sum of tion of such trade marks by comply- twenty-five dollars, and complying Ing with the following requirements; with such regulations as maybe pre- First. By causing to be recorded scribed by the commissioner of pat- in the patent office a statement speci- ents. fying name, domicile, location, and See, also, section 2 of that act cited citizenship of the party applying ; in note i to form No. 1081, and see the class of merchandise, and the note i to last form, No. 1077. particular description of goods com- Trade Marks and Applications Therefor. 1183 No. 1079. Statement by a firm. To all whom it may concern : Be it known that we, C. D. & Co., a firm domiciled in Brooklyn, Kings county, State of New York, and doing busi- ness at No. street, in said city, have adopted for our use a trade mark for men's overalls, of which the following is a full, clear and exact specification : Our trade mark consists of the arbitrary word Toulon. This has generally been arranged as shown in the accompany- ing fac simile, in which it appears in plain, block capitals, printed in black in a horizontal line. But other forms of type may be employed, or it may be differently arranged or col- ored, without materially altering the character of our trade mark, the essential feature of which is the word " Toulon." This trade mark has been used continuously in business by us and those from whom we derive our title since July 11, 1840. The class of merchandise to which this trade mark is ap- propriated is wearing apparel, and the particular description of goods comprised in such class on which it is used by us is men's overalls. It has been our practice to mark our trade mark on the inside of the waistband of the goods with a stencil, or to print it upon tags which are secured to the goods in any desired manner.^ Witnesses : C. D. & Co. D. E. F. G. (Annex form No. 1077.) I I. See note to forms Nos. 1077 and 1078. No. 1080. Statement by a corporation. To all whom it may concern : Be it known that the Rocky Mountain Mill Company, a corporation organized under the laws of the Territory of Da- 1 1 84 Forms Relating to kota, and located in the city of Garfield, Hancock county, in said Territory, and doing business in said city of Garfield, and also at Chicago, Illinois, has adopted for its use a trade mark for wheat flour, of which the following is a full, clear and exact specification : The trade mark of said company consists of a representa- tion of a Rocky Mountain sheep and the words Big Horn. These have generally been arranged as shown in the ac- companying fac simile, in which the animal named, popu- larly known as the " Big Horn," is represented in an erect attitude upon a cliff or rock. In the background are mountains covered with forests, with distant white peaks ; upon the sky portion are the words "Big Horn," and arranged in a circle about the whole are the words " Rocky Mountain Mill Company " in plain capital letters. But these words may be omitted, and the various accessories of the picture may be varied at pleasure or altogether omitted, without materially altering the character of the said trade mark, the essential features of which are the words " Big Horn " and the represen- tation of a Rocky Mountain sheep. This trade mark has been continuously used by said cor- poration since about the middle of October, 1884. The class of merchandise to which this trade mark is ap- propriated is flour, and the particular description of goods comprised in such class on which it is used by the said com- pany is wheat flour. It is usually affixed to the goods by printing it on the bags or stenciHng it on the heads of barrels in which the flour is packed.^ Rocky Mountain Mill Company Witnesses ■? By G. F., President. J. H. L. K. 1. See note i to forms Nos. 1077 may be used to authenticate the sig- and 1078. nature of the officer. 2. If a corporation have a seal it Trade Marks and Applications Therefor. 1185 No. 1081. Declaration to be annexed to statement. State of — , ss.. County of A. B., being duly sworn, deposes and says that he is the applicant named in the foregoing statement ; that he verily believes that the foregoing statement is true ; that he has at this time a right to the use of the trade mark therein de- scribed ; that no other person, firm or corporation has the right to such use, either in the identical form or in any such near resemblance thereto as might be calculated to deceive ; that it is used by him in commerce between the United States and foreign nations or Indian tribes, and particularly with (here name one or more foreign nations or Indian tribes, or both, as the case may be) ; and that the description and fac similes presented for record truly represent the trade mark sought to be registtered.^ A. B. Sworn and subscribed before me, a this day of , i G. H., Justice of the Peace. I. Section 2 of the act of congress or corporation has the right to such of March 3, 1881, provides that the use, either in the identical form or in application prescribed in the forego- any such near resemblance thereto ing section must, in order to create as might be calculated to deceive ; any right whatever in favor of the that such trade mark is used in corn- party filing it, be accompanied by a merce with foreign nations or Indian written declaration verified by the tribes, as above indicated; and that person, or by a member of the firm, the description and fac similes pre- or by an officer of a corporation ap- sented for registry truly represent plying, to the effect that such party the trade mark sought to be regis- has at the time a right to the use of tered. See, also, note i to forms the trade mark sought to be regis- Nos. 1077 and 1078. tered, and that no other person, firm, 149 ii86 Forms Relating to If the application is made by a firm or corporation, this declaration should be modified accordingly. Thus . For a Firm. A. B., being duly sworn, deposes and says that he is a member of the firm, the applicant named, etc. * * * that the trade mark is used by the said firm in commerce, etc. For a Corporation. A. B., being duly sworn, deposes and says that he is secretary (or, other officer) of the corporation, the applicant named in the foregoing statement, etc. * * * that the trade mark is- used by said corporation in commerce, etc. No. 1082. Ameudment of statement. To the commissioner of patents : In the matter of my application for registration of trade mark for watches. No. 5319, filed June 11, 1876, I desire to amend my statement as follows : Page I, line 16, cancel the words "the arbitrary word Zenith," and insert in the place thereof the following : ' the representation of a five-pointed star, having the word ' Zenith ' printed across its face." Same page, line 20, erase " about four years " and insert " since July ist, 1872."' A. B., By P. & Q., His Attorneys. Dated GENEVA, Switzerland, October i, 1876. I. See rule I2 of patent office annexed to note i to form No. 1078, as to amendment of statement. No. 1083. Form of application for registration of prints and labels. For an Individual. To the commissioner of patents : The undersigned, A. B., of the city of Brooklyn, county of Kings, and State of New York, and a citizen of the Trade Marks and Applications Therefor. 1187 United States (or, resident therein, as the case may be), hereby furnishes five copies of a label (or, print, as the case may be), to be used for , of which he is the sole proprie- tor. The title of said label (or, print) is , and the said label (or, print) consists of the words and fieures as follows, to wit : — (Description). And he hereby requests that the said print (or, label) be registered in the patent office, in accordance with the act of congress to that effect approved June 18, 1874. [Making necessary changes to suit each case.] Proprietor. Brooklyn, N. Y., August i, 1874. For a Corporation. To the commissioner of patents : The applicant, a corporation created by authority of the Laws of the State of New York (or, other authority, as the case may be), and doing business at , in said State, hereby furnishes five copies of a label (or, print, as the case may be), to be used for , of which it is the sole proprie- tor. The title of said print (or, label) is , and the said label consist of the words and figures as follows, to wit : (Description.) And it is hereby requested that the said label (or, print) be registered in the patent office, in accordance with the act of congress to that effect, approved June 18, 1874. Witness the seal of said corporation at , 1874.-^ [L.S.] ; • President (or, other officer). I. The registration of copyright Notwithstanding the existence of a matter is, by law, under the control separate statute in 1870 for the reg- of the librarian of congress at Wash- istration of trade marlis, the librarian ington. At the time of the enact- of congress, In entering labels and ment of the trade mark law of July prints of commerce, gave a sem- 8, 1870, it was the custom of the blance of protection to many trade librarian of congress to enter, under marks, of which the labels and prints the provisions of the copyright law, entered by him were the mere vehi- labels and prints of commerce, many cles. To remedy this difficulty was of which embraced legal trade marks, the object of the amendment to the Ii88 Forms Relating to copyright law of June i8, 1874, re- ferred to herein as the act for the registration of prints and labels. By this amendatory act the librarian of congress is restricted, in the regis- try of copyright matter, to pictorial illustrations or works connected with the fine arts, and is prohibited from registering labels or prints de- signed to be used for any other arti- cles of manufacture, 2. e., articles of commerce. These are now registra- ble at the patent office; while matter properly coming within the definition of copyright subject matter, as con- tained in the act of June 18. 1874, is registrable at the office of the libra- rian of congress. (See pamphlet is- sued from U. S. Patent Office, Nov. I, 1886.) Sections 3, 4 and 5 of the act of con- gress relating to patents, trade marks and copyrights, approved June 18, :874 (iS Statutes at Large, 78), are as follows: " Sec. 3 That in the construction of this act the words ' engraving, cut and print,' shall be applied only to pictorial illustrations or works con- nected with the fine arts, and no prints or labels designed to be used for any other articles of manufacture shall be entered under the copyright law, but may be registered in the patent office. And the commis- sioner of patents is hereby charged with the supervision and control of the entry or registry of such prints or labels, in conformity with the regulations provided by law as to copyright and prints, except that there shall be paid for recording the title of any print or label, not a trade mark, six dollars, which shall cover the expense of furnishing a copy of the record, under the seal of the commissioner of patents, to the party entering the same. "Sec. 4. That all laws and parts of laws inconsistent with the fore- going provisions be and the same are hereby repealed. " Sec. 5. That this act shall take effect on and after the first day of August, eighteen hundred and seventy-four." The words "prints" and "labels" as used in this act, so far as it relates to registration in the patent office, are construed as synonymous, and are defined as any device, picture, word or words, figure or figures (not a trade mark) impressed or stamped directly upon the articles of manu- facture, or upon a slip or piece of paper or other material, to be at- tached in any manner to manufac- tured articles, or to bottles, boxes and packages containing them, to indicate the contents of the package, the name of the manufacturer or the place of manufacture, the quality of goods, directions for use, etc. By the words " articles of manu- facture " (to which such print or label is applicable by this act), is meant all vendible commodities produced by hand, machinery or art. But no such print or label can be registered unless it properly belongs to an article of commerce, and be as above defined; nor can the same be registered as such print or label when it amounts to a lawful trade mark, or when its use in connection 'with the article to which it is applied is arbitrary or fanciful. To entitle the owner of any such print or label to register the same in this office, it is necessary that five copies of the same be filed, one of which copies shall be certified under the seal of the commissioner of patents, and returned to the regis- trant. Trade Marks and Applications Therefor. 1189 Trade Mark Treaties with Foreign Nations. The following is a list of the governments with which con- ventions for the reciprocal registration and protection of trade marks have been entered into by the United States, with the dates of the respective conventions. For the full text of those which have been published in the Official Ga- zette reference is made thereto. For others, to the volume and page of United States Statutes at Large. The laws of Switzerland and the Netherlands being so framed as to af- ford reciprocal privileges to the citizens or subjects of any government which affords similar privileges to the people of those countries, the mere exchange of diplomatic notes, giv- ing notice of the fact, accomplishes all the purposes of a formal convention. The reference to the Official Gazette opposite these nations gives the full text of their trade mark laws: COUNTRY. Reference, Austria-Hungary Belgium do Brazil France German Empire . Great Britain Italy Russia _. Servja Spain Switzerland. The Netherlands. The declaration with Great Britain is drawn so as to con- fer mutual trade mark rights upon the subjects and citizens of each of the contracting parties throughout the dominions and possessions of the other. Citizens or residents of British colonies are, therefore, permitted to register their trade marks under this treaty whenever it is satisfactorily shown that in the respective colonies similar protection is afforded to citizens of the United States. iigo Forms of CHAPTER XLIII. Forms of Undertakings. fSee, also, the various titles under which they are required; and see Bonds; Towns.) No. 1084. General form of undertaking. 1085. Undertaking of county treasurer. 1086. Same of county clerk. 1087. Same of sheriff. 1088. Same of district attorney. 1089. Same of superintendent of the poor, logo. Same of surrogate. logi. Same of coroner, acting as sheriff. 1099. Certificate of appointment of special constable by supervisor, etc. No. 1084. General form of undertaking. Whereas (reciting facts) : Now, therefore, we, A. F., of — (stating occupation), and B. G., of (stating occupation), do hereby jointly and severally undertake (to and with R. P.), pursuant to the statute (in the surn of dollars), that (state terms of un- dertaking).^ Dated , i . A. F. B. G. In presence of M. R. (Acknowledgment, justification and approval, when re- quired, substantially as in form No. 302.) I. An undertaking is merely a 20 Abb. N. C. 245). See, also, note simplified bond, without seal. (Peo- to that case, pie, exrel. Commissioners, v. Dando, Undertakings. i 191 No. 1085. Undertaking of county treasurer. (Laws of N. Y. of 1892, chap. 686, § 140.) Whereas, the undersigned, A. B., of, etc., has been duly elected at a general (or, special) election held in the county of , on the day of , i (*), (or, has been duly appointed by the board of supervisors (or, by the county judge) of the county of ), county treasurer of said county : Now, therefore, we, the said A. B. and I. J., of , K. L., of , and M. N., of , do hereby jointly and sev- erally undertake, in the sum of dollars, that said A. B. shall and will faithfully execute the duties of his said office, and shall and will pay over, according to law, and account for all monies, property and securities which shall come to his hands as such treasurer, and render a just and true ac- count thereof to the board of supervisors of said county, when required; and obey all orders and directions of a com- petent court relating thereto. Witness our hands at, etc., this day of , i- A. B. I. J- K. L. M. N. In presence of R. S. (Acknowledgment, etc., as in form No. 220.) (Approval of board of supervisors when in session, as in next form. No. 1086 ; otherwise, of the county judge and county clerk, as in form No. 567.) I. See section 140 of chapter 686 longing to the State, which shall of Laws of New York of 1892, as to come into his hands as county treas- this undertaking, which, with the ap- urer; and for the rendering of a just proval indorsed thereon, is to be filed and true account thereof to the State in the ofiice of the county clerk. The comptroller. (Id.) sureties and the county therein Section 237 of same chapter pro- named shall be liable to the State for vides as follows: Every undertaking the payment to the State treasurer, ac- required by that chapter must be , cording to law, of all moneys be- executed by the officer or person in 1 192 Forms of whose behalf it is given, and his sureties, and duly acknowledged or proven and certified, and the ap- proval indorsed thereon. The par- ties executing the same shall be jointly and severally liable, regard- less of its form in that respect, for the damages sustained by reason of a breach thereof. Every officer or board required to approve an undertalsing may exam- ine each surety thereto under oath, and shall not approve the same un- less the sureties are freeholders of the State and jointly worth, over and above their debts and liabilities, at least double a sum which such officer or board may fix upon and insert in the undertaking as reasonably suffi- cient to indemnify the county, and every person who may be or become interested therein, or in any breach thereof. Official bonds and undertakings, including the bonds of executors, ad- ministrators, guardians and trustees, required by law to be filed in the office of the county clerk or surro- gate, shall also be recorded in such offices respectively, in a book to be provided and kept in each of such offices, to be designated " Book of Official Bonds and Undertakings." The county clerk and surrogate's clerk shall respectively be entitled to the same fees for such recording, as are allowed to county clerks for re- cording conveyances, except that in counties where the surrogate's clerk is a salaried officer he shall not be entitled to any fee for such services. No. 1086. Undertaking of county clerk. (Laws of N. Y. of 1892, chap. 686, § 160.) As in form No. 1085, to (*), and from thence as follows: (or, has been duly appointed by, etc.) county clerk of the said county : Now, therefore, we, the said A. B. and I. J., of, etc., and K. L., of, etc., do hereby, jointly and severally, undertake, pursuant to law, in the sum of dollars, that said A. B. shall and will faithfully execute and discharge the duties of county clerk of said county, and account for all moneys deposited with him, pursuant to law, or the order of any court, or by his predecessor in office, and pay them over as required by law, or directed by such order. Witness, etc. (as in last form, No. 1085).' In presence of R. S. (Acknowledgment, etc., as in form No. 220.) A. B. I. J. K.L. Undertakings. i 193 Indorsed : — The foregoing bond was approved by a resolution of the board of supervisors of the county of , passed , I , at a session of said board held at . A. F., Clerk, (or, approved by County Judge, or Justice of Supreme Court residing in the county, as in form No. 567). I. See section i6o of chapter 686 237 of same chapter as to official un- of Laws of New York of 1892 as to dertakings generally, this undertaking; and see section No. 1087. Undertaking of sheriff. (Laws of N. Y. of 1892, chap. 686, § 180.) As in form No. 313, from (**) to the end of paragraph, and from thence, as follows : Now, therefore, we, the said A. B. and I. J., of, etc., and K. L., of, etc., do hereby, jointly and severally, undertake, to and with the said county of , that said A. B. will, in all things, perform and execute the ofHce of sheriff of said county, during his continuance therein, without fraud or deceit. Witness, etc. (as in form No. 1085).^ A. B. I. J. K. L. In presence of R. S. (Acknowledgment, etc., as in form No. 220.) (Approval by county clerk, as in form No. 567.) I. Sudi undertaking shall be tiled it shall appear on such examination in the office of the county clerk; and that such sureties are jointly worth the clerk shall, at the time of his ap- at least fifteen thousand dollars over proval thereof, examine each surety and above all debts whatever, which thereto under oath; and he shall not examination, subscribed by the sure- approve of such undertaking unless ties, shall be indorsed on or attached ISO 1 194 Forms of to the undertaking; but the clerk upon the duties of his office. (Laws shall determine the sufficiency of of N. Y. of 1892, chap. 686, § 180.) each surety. In the same manner, See, also, section 237 of same the security shall be renewed within chapter, cited in note i to form No. twenty days after the first Monday of 1085, as to official undertakings gen- January in each year subsequent to erally. Compare, also, form No. that in which he shall have entered 313 with this form. No. 1088. Undertaking of district attorney. (Laws of N. Y. of 1892, chap. 686, § 200.) As in form No. 1085, to (*), and from thence as follows : (or, has been duly appointed by, etc.), district attorney of the county of : Now, therefore, we, the said A. B. and I. J., of, etc., and K. L., of, etc., do hereby jointly and severally undertake, pursuant to statute, with said county, in the sum of dollars, that said A. B. will faithfully account for and pay over, according to law, or as the court may direct, all moneys that may come into his hands as such district attorney. Witness, etc. (as in form No. 1085).* A. B. I.J. In presence of K. L. R. S. (Acknowledgment, etc., as in form No. 220. The sureties must be resident freeholders.) (Approval by county judge.) I. See section 200 of chapter 686 note i to form No. 1085, as to official of Laws of New York of 1892, as to undertakings generally. This sec- this undertaking, which is to be de- tion does not apply to the county of livered to the county clerk of the Kings, district attorney's county. See, also, No. 1089. Undertaking of superintendent of the poor. (Laws of N. Y. of 1892, chap. 686, § 211.) As in form No. 1085, to (*), and from thence as follows : (or, has been duly appointed by, etc.) a superintendent of the poor of the county of : Undertakings. 1195 Now, therefore, we, A. B., I. J., of, etc., and K. L., of, etc., do hereby undertake, pursuant to law, with said county, that the said A. B. will faithfully discharge the duties of his ofifice as such superintendent of the poor, and pay, according to law, all moneys that shall come into his hands as such su- perintendent, and render a just and true account thereof to the board of supervisors of his said county. Witness, etc. (as in form No. 1085).* A. B. In presence of I. J. R. S. K. L. (Acknowledgment, etc., as in form No. 220.) (Approval, as in form No. 1086.) I. See section 211 of chapter 686 be filed in his office. See, also, note r of Laws of New York' of 1892, as to to form No. 1085, as to official under- this undertaking, which is to be de- takings generally, livered to the clerk of the county, to No. 1090. Undertaking of surrogates. (Laws of N. Y. of 1892, chap. 686, § 221.) As in form No. 1085, to (*), and from thence as follows: (or, has been duly appointed by, etc.), surrogate of the county of : Now, therefore, we, A. B. and I. J., of, etc., and K. L., of, etc., do hereby undertake, pursuant to statute, that the said A. B. will faithfully perform his duties as such surrogate, and apply and pay over all moneys and effects that may come into his hands as such surrogate in the execution of his ofifice. Witness, etc. /as in form No. 1085).' A. B. In presence of I. J. R. S. K. L. (Acknowledgment, etc. as in form No. 320. The sureties must be resident freeholders.) I. See section 221 of chapter 686 the same in his office. See, also, of Laws of New York of 1892, as to section 237, cited in note i to form this undertaking, which is to be de- No. 1085, as to official undertakings livered to the county clerl^ of the generally, county, who is immediately to file 1 196 Forms Relating to No. 1091. TTudertakiug of coroner acting as sheriff. (Laws of N. Y. of 1892, chap. 686, § 187.) See form No. 567, and note i thereto, and see note i to form No. 1085, as to official bonds generally. No. 1092. Certificate of appointment of special constables by super- visors and two justices of the peace. Laws of N. Y. of 1890, chap. 569, § 43, inserted by chap. 252 of Laws of N. Y. of 1892.) County of , ) Town of , ) We, the undersigned, the supervisor and two justices of the peace of the town of , in the county of , do hereby appoint, pursuant to statute, it being in our judgment necessary to make such appointment for the preservation of the public peace, A. B., C. D., E. F., etc., as special consta- bles of said town, said appointment to continue during the , , and , etc. (stating days) days of the month of , in the year i . Witness our hands at , on this day of , I > A. H., Supervisor. R. S., M. L., Justices. I. See section 43 of chapter 569 to each of said special constables, of Laws of New York of 1890, which specifying the days for which he is so section was added to that chapter by appointed, and one of such dupli- chapter 252 of Laws of New York of cates is to be filed by such special 1892, as to this appointment, dupli- constables with the town clerk of cate certificates of which, signed by the town. See same section as to such supervisor and such justices of badges, powers and compensation the peace as such, are to be delivered of such constables. Warehousemen and Warehouse Companies. 1197 CHAPTER XLIV. Forms Relating to Warehousemen and Ware- house Companies. No. 1093. Notice of sale by warehouse company, or person engaged in warehouse business. 1094. Affidavit of warehouseman or warehouse company on deposit of balance of proceeds of sale with county treasurer, etc. 1095. Same of service of notice of such sale. 1096. Warehouse receipt and voucher. No. 1093. Notice of sale by warehouse company or person engaged in warehouse business. (Laws of N. Y. of 1879, chap. 336, § i, as amended by Laws of 1883, chap. 421.) To A. M. (and M. N.) : Notice is hereby given, pursuant to law, that the goods, wares and merchandise hereinafter described, which have been and are now in the possession of the undersigned (com- pany), by virtue of an agreement (or, warehouse receipt) for the storage of the same, and on which is due to said from (said A. M.), in whose name such goods, wares and merchandise were stored (more than) one year's storage, will be sold by. said at public auction, at (state place of sale) in the (city) of , on the day of , i , at o'clock in the noon, unless the said A. M. shall, previous to that time, pay the amount due (or, the arrears) for such storage, which he is hereby required to do, and in case of his default to make such payment said sale will take place as above noticed, and out of the proceeds of said sale the said • will retain his (or, its) charges for storage thereof, and 1 198 Forms Relating to any advances that may have been made thereon by him (or, it), and the expense of advertisifig and sale thereof. The following is a deecription of said goods, etc. (insert same). Dated , i . A. B. (or, The A. B. Company, by C. K., President.) I. See section i of chapter 336 of before the time of such sale, in a Laws of New York of 1879, as newspaper published at or nearest amended by Laws of 1883, chapter the place where such sale is to take 421, as to this notice, which is re- place. In the event that the party quiredby section 2, id., to be served, storing the goods, etc., shall have personally, at least four weeks be- parted with the same, and the pur- fore the time of such sale, upon the chaser shall have notified the ware- party storing the goods, provided houseman with his address, such such service can be made with reason- notice shall be given to such person able diligence within the State of in lieu of the person storing the New York. If such party cannot goods. with reasonable diligence be found In the latter case it will be advis- within that State, then such notice able to give notice to both the pur- must be given by publication once in chaser and the person storing the each week for six successive weeks goods, if practicable. No. 1094. Affidavit of warehouseman or warehouse company, on deposit of balance of proceeds of sale with county treasurer, etc. (Laws of N. Y. of 1879, chap. 336, § 3.) County, ss.: M. N., of , being duly sworn, says : That he is (the president, etc., of the A. F. Company, which said company is a warehouse company), engaged in the warehouse business at ; that on the ■ day of , i , the goods mentioned and described hereinafter and in the annexed no- tice of sale, were sold, at the time and place mentioned in said notice, by F. P., who resides at , as auctioneer ; that a copy of said notice of sale was served upon A. B., the person whose goods, etc., were sold pursuant to said notice, and who resides, so far as is known to deponent (or, to said company) at , personally, on the day of , i -. as will appear by the annexed affidavit of C. R. [or, by pub- Warehousemen and Warehouse Companies. 1199 lication thereof in the (insert name of newspaper), a news- paper pubhshed at (or, nearest to) , the place where said sale was made, once in each week for six successive weeks, immediately preceding said sale, as will appear by the annexed affidavit of F. G.; or, that no notice of said sale was served upon A. B., the person, etc., either personally or by publication thereof, for the following reason (stating same)] ; that the articles sold at said time and place, and the prices for which they were respectively sold, were as follows, viz. : (state same).^ (Jurat, as in form No. 32.) M. N. (Annex copy of notice of sale, also affidavits of service re- ferred to in the affidavit, next form. No. 1095.) 1. See section 3 of chapter 336 of treasurer of the county, or if in New Laws of New York of 1879, as to York city, to the chamberlain of that this affidavit and its contents. The city, payment is to be made to the county No. 1095. Affidavit of service of notice of sale made by warehouseman or warehouse company County, ss.: A. M., of , being duly sworn, says : (*) That on the day of , I , at the (city) of , in the county of , and State of New York, he served the annexed no- tice of sale upon M. N., to whom the same is directed, by delivering to and leaving with him, personally, a copy thereof.' A. M. (Jurat, as in form No. 32.) (Annex notice.) [Or, in case of service by publication, as above, to (*), and from thence as follows : That he is the printer (or, publisher) [or, one of the printers (or, publishers)] of the (insert name of newspaper), published at the (city) of , in the county of ■, and State of New York ; that the annexed notice of sale has been published in the said newspaper once in each I200 Forms of week for six successive weeks, commencing on the day of , I , and ending on the— day of , i — , the first of said publications having been made on the day of , I . A. M.] (Jurat, as above.) (Annex notice.) I. See note i to form No. 1093. No. 1096. Warehouse receipt and voucher. Albany, N. Y., , i . Warehouse Receipt and Voucher. Received in store from owner, at , the following property, viz., , to be held subject to the order of the bank of , and which property agree to deliver only on the written order of the said bank.^ hereby certify that the said property has been paid for, and is now free from all liens, charges and incumbrances. I. See last clause of note i to form 237 of Laws of N. Y. of 1882, as to No. 166; and see N. Y. Penal Code, interest on demand loans of $5,000 §§ 629-632, as to penalty in that State and upwards, secured by such re- fer issuing fictitious warehouse re- ceipts. ceipts, etc., and section i of chapter Wills. 1201 CHAPTER XLV. Forms of Wills. No. 1097. Will of lands and personal estate, general form. 1098. Will appointing executor or executors, and leaving tne property to be distributed under the statute of distributions. 1099. Will containing provisions for widow in fulfillment of ante- nuptial contract, and in lieu of dower and trust provisions, etc. Iioo. Clause which may be inserted in a will, appointing a guardian, etc. iioi. Clause in will, that sums advanced to children shall be regarded as part of their shares of estate. 1102, . Devise to wife in lieu of dower, remainder to children. 1103. Form of codicil to a will. 1 104. Another form of codicil to will. 1105. Form of renunciation by executor. 1106. Retraction of renunciation by executor. No. 1097. Wi\l of lands and personal estate, general form. I, A. B., of the (city) of -i^ — , in the county of and State of , do make and publish this my last will and testament, as follows : (hereby revoking any and all former wills by me at any time made). First. I direct my just debts and funeral expenses to be paid by my executors hereinafter named, out of my estate^ as soon as possible after my decease. Second. I give and devise unto C. D., of , all that certain lot, piece or parcel of land situated in the (city) of. ,*in the county of and State of , known as, etc. (describing same briefly), with the appurtenances, to have and to hold the same, unto (him) the said C. D.^ his heirs and assigns forever (or, for the term of (his) hatural life, and from and after the decease of the said C. D.) whether such death occurs in my life time or after my death, ^ I give and devise the said lot, piece and parcel of land, with the appur- 151 I202 Forms of tenances, to E. F., his heirs and assigns forever), and in case neither the said C. D. or E. F. shall survive me, I give and devise the said lot, piece or parcel of land to G. H., etc., his heirs and assigns forever. Third. I give and devise all that farm, piece and parcel of land, with the buildings thereon erected, situated in the (town) of , in the county of and State of (and now occupied by me), described as follows, to wit : (briefly describing same), with the appurtenances, to (my son) F. B., of , to have and to hold to (him) his heirs and assigns forever, and in case of the death of said F. B. before my decease, I give and devise said last mentioned lot of land, with the appurtenances, unto (my daughter) R. P., wife of C. P., of ), to have and to hold to (her, her) heirs and assigns forever. Fourth. I give and bequeath to my (eldest son), J B., the sum of dollars, upon his attaining the age of twenty- one years, and I direct my said executor to invest from my estate the said sum as soon as convenient after my death, not exceeding six months thereafter, and to keep the same invested, and to pay to said J. B. the interest and income thereon, less all taxes and commissions chargeable thereto, until he shall become of said age. And in case my said son shall die before attaining the age of twenty-one years, leav- ing no descendants, I give the said sum of dollars to my children then surviving, share and share alike, or if some of my children be then dead, leaving children, such children of a deceased child are to take the share which their parents would respectively have taken if then living. Fifth. I give and bequeath to my son W. B. the sum of dollars, also my gold watch and chain now worn by me. Sixth. I give and bequeath to my daughter M. B. the sum of dollars, also my silver cup, marked A. B. Seventh. I do forgive unto L. M. the sum of dollars, out of the principal su^ri of dollars which he owes me upon his bond, dated , i . Eighth. I give to my granddaughters A. and B., children of my daughter C, the sum of dollars each, to be paid to them respectively at their respective ages of twenty-one years, Wills. 1203 or days of marriage, whichever shall first happen ; the same to be put out at interest at the discretion of my said execu- trix, and the interest accruing thereby to be applied to their education and maintenance respectively, until their said re- spective ages or marriages. And in case either of them shall die before the age of twenty-one years or marriage, then I give the share of her so dying to the survivor of them. And if both of my said granddaughters shall happen to die be- fore attaining the age of twenty-one years or marriage, then I give and bequeath the whole of the said several sums to my daughter D., if she shall then be living. Ninth. I give to my wife, E. B. (during her life, the use of), all my plate and household goods, bedsteads, bedding and other furniture (and after her decease to remain to my son, J- B.) Tenth. I give, devise and bequeath to my said executrix the following real and personal property, viz. : (describing same). In trust, to receive the rents and profits of said real '"and personal estate, and to apply the same, after paying thereout the taxes and charges thereupon, to the use and benefit of my daughter, E'. B., during her life-time (or, to pay the same to my daughter, E. B., during her life-time), and after her death to apply the same to the use and benefit of (or, to pay the same to) C. M. B., her "daughter,' and after the death of said E. B. and G. M. B., the said real and personal estate is to remain to such of my descendants as shall then be living, in equal shares to those who shall be of equal degrees of relationship to me, and those of un- equal degrees of relationship to me are to take the same per stirpes? Eleventh. All the rest, residue and remainder of my real and personal estate whatsoever, which I may own or be en- titled to dispose of at the time of my death, of what nature, kind and quality soever, the same may be, not hereinbefore given and disposed of, I do give and bequeath unto my said wife, E. B., her heirs, executors, administrators and assigns, to and for her and their own use and benefit absolutely (or, uiito my said wife, E. B., during her life ; or, so long as she shall continue to be my widow) and after her death I give I204 Forms of and bequeath the same to (stating person or persons). And I hereby constitute my said wife the executrix of this, my will, and I authorize and empower my said executrix to sell and dispose of at public or private sale, and at such times and in such manner, and for such sum or sums as to her, in the exercise of her best judgment, may seem most expedient, and to convey all or any part of my real and personal estate as she may consider it to be necessary to do for the pay- ment of my said debts and of said legacies and for any other purpose or purposes whatsoever. \Twelfth. I hereby direct that the legacies hereinbefore given to (naming legatees) [or, that all legacies given by this my will], shall be paid free of legacy, tax or duty.'] In witness whereof, I have hereunto set my hand and seal this day of , in the year i . A. B. [L. s.] The above instrument [of sheet (or, sheets)] was now here subscribed by A. B., the testator, in the pres- ence of (both and) each of us, and was, at the same time (in the presence of both and each of us), declared by him to be his last will and testament ; and we, at his request (in his presence, and in the presence of each other), sign our names thereto as attesting witnesses.* M. F., Residing No. , street, in the city of (or, at the town of ), in the county of . G. H., Residing, etc. (as above). I. J., Residing, etc. (as above). Or, the will may be attested by the acknowledgment of the testator in the following form : The above instrument [of one sheet ; (or, of (two) sheets)] was, at the date thereof, declared to us by the testator, A. B., to be his last will and testament, and he then acknowledged Wills. 1205 to each of us that he had subscribed the same : and we, at his request, sign our names thereto as attesting witnesses.' M. F., Residing, etc. (as above). G. H., Residing, etc. (as above). I. J., Residing, etc. (as above). have taken if living; e. g., children of a deceased child, in a case where sons of the children are living, under this rule, would take the share which I. Under the New York Revised Statutes express trusts may be cre- ated for any or either of the follow- ing- purposes: (i.) To se'IL lands for the benefit of the parent would have taken if living. creditors; (2.) To sell, mortgage or lease lands for the benefit of legatees, or for the purpose of satisfying any charge thereon; (3.) To receive the rents and prof- its of lands, and apply them to the use of any person, during the life of such person, or for any shorter term, subject to the rules prescribed in article first of title second of chapter first of part second of these statutes; (4.) To receive the rents and prof- its of lands, and to accumulate the same, for the purposes and within the limits prescribed in said article first, (i N. Y. R. S. 728, § 55; 7th ed. 2i8i.) A trust to receive the rents and profits of land, and pay them over to the beneficiary is valid, within the provisions of subdivision 3 of the above cited section, authorizing the creation of trusts to receive the rents and profits of lands, and apply them to the use of any person. (Leggett v. Perkins, 2 N. Y. 297.) 2. By the words per stirpes, or ''by the stock," is meant that the property is taken by the descendants of unequal degrees of relationship to the testator, in such portion only as their immediate ancestor would (4 Kent Com. 391). 3. See as to legacy and succes- sion tax, chapter 483 ^p. 820) of Laws of New York of 1885, as amended by chapter 713 (p. 921) of Laws of 1887. Also In re McPherson (104 N. Y. 306); Matter of Chardevoyne (5 Dem. 466); Matter of Euston (19 Abb. N. C. 227); Matter of Miller (5 Dem. 132; aflf'd, S. C, 45 Hun, 244); Matter of Smith (5 Dem. go); Matter of Woolsey (19 Abb. N C. 232); Matter of Jones (id. 221; S. C, 5 Dem. 30); Matter of Robertson (5 Dem. 92); Matter of Lefevre (id. 184); Estate of McCready (10 N. Y. State Rep. 696); Matter of Miller (no N. Y. 2i6, affg S. C, 47 Hun, 394); In re Dagger's Will (ill N. Y. 343; S. C, 39 Alb. L. J. 56). 4. A seal is not, however, required, by the Revised Statutes of New York, to a will. (WuesthofF v. Ger- mania Life Ins. Co., infra.) See provisions of these statutes on the subject of the execution of a will, note 5 to this form. But in some of the United States, e. g.. New Hampshire, a seal is required to a will. The addition of a seal to a will executed in the State of New York, which is an unnecessary act, does I206 Forms of not change the character of the in- strument, or justify treating it as in part a will and in part a deed. (Wuest- hoff V. Gerraania Life Ins. Co., 107 N. Y. 580.) 5. Every last will and testament of real or personal property, or both, is required by the Revised Statutes of New York State (pt. 2, chap. 6, tit. i, art. 3) to be executed and attested in the following manner: (i.) It shall be subscribed by the testator at the end of the will. (2.) Such subscription shall be made by the testator, in the presence of each of the attesting witnesses, or shall be acknowledged by him, to have been so made, to each of the attesting witnesses. (3.) The testator at the time of mak- ing such subscription, or at the time of acknowledging the same, shall declare the instrument so subscribed, to be his last will and testament. (4.) There shall be at least two at- testing witnesses, each of whom shall sign his name as a witness, at the end of the will, at the request of the testator. (2 N. Y. R. S. 63; 7th ed. 2285). It is quite usual, although by no means necessary, to insert the words in brackets, in the attestation clause. The witnesses are required to write opposite to their names their respect- ive places of residence; and every person who shall sign the testator's name to any will by his direction, shall write his own name as a wit- ness to the will. Whoever shall neglect to comply with either of these provisions shall forfeit fifty dollars, to be recovered by any per- son interested in the property devised or bequeathed, who shall sue for the same. Such omission shall not af- fect the validityof any will; nor shall any person liable to the penalty afore- said be excused or incapacitated on that account, from testifying respect- ing the execution of such will. (2 N. Y. R. S. 63, § 41; 7th ed. 2286). In some of the United States, three witnesses, at least, are required, but in none of them except Louisiana, more than three. In England and in some of the United States the wit- nesses must sign in the testator's presence and in the presence of each other, and both witnesses must be present at the time of the subscrip- tion and declaration by the testator. In every case the witnesses should be disinterested. In Louisiana women are not allowed to witness a will, ex- cept an olographic will; that is one that is entirely written, dated and signed by the hand of the testator himself. In the State of Texas the witnesses are required to be ajjove the age of fourteen years. By chapter 360 of the Laws of New York of i860, it is provided that no person having a husband, wife, child or parent, shall, by his or her last will and testament, devise or be- queath to any benevolent, charitable, literary, scientific, religious or mis- sionary society, association or cor- poration, in trust or otherwise, more than one-half of his or her estate after the payment of his or her debts (and such devise or bequest shall be valid to the extent of one-half and no more. (Laws of N. Y., i860, p. 607; R. S., 7th ed., 2280.) By section 43 of title i of chapter 6 of part 2 of the Revised Statutes of New York, it is provided that if, after the making of any will, dispos- ing of the whole estate of the testator, such testator shall marry, and have issue of such marriage, born either in his life time or after his death, and the wife or the issue of such marriage shall be living at the death of such Wills. 1207 testator, such will shall be deemed revoked, unless provision shall have been made for such issue by some settlement, or unless such issue shall be provided for in the will, or in such way mentioned therein as to show an intention not to malse such provision; and no other evidence to rebut the presumption of such revo- cation shall be received. (N. Y. Rev. Stat. 64; 7th ed. 2286.) By section 44, id., a will executed by a married woman shall be deemed revoked by her subsequent mar- riage. (Id. ) By-section 49, id., as amended by chapter 22 of Laws of 1869, it is pro- vided that whenever a testator shall have a child born after the making of a last will, either in the life time or after the death of such testator, and shall die leaving such child, so after born, unprovided for by any settlement, and neither provided for nor in any way mentioned in such will, every such child shall succeed to the same portion of such parent's real and personal estate as would have descended or been distributed to such child if such parent had died intestate, and shall be entitled to re- cover the same portion from the de- visees and legatees, in proportion to and out of the parts devised and be- queathed to them by such will. (Laws of N. Y., 1869, p. 40; 7th ed. R. S. 2287.) By sections 50 and 51, id., it is pro- vided that if any person shall be a subscribing witness to the execution of any will wherein any beneficial devise, legacy, interest or appoint- ment of any real or personal estate shall be made to such witness, and such will cannot be proved without the testimony of such witness, the said devise, legacy, interest or ap- pointment shall be void so far only as concerns such witness or any claiming under him; and such per- son shall be a. competent witness, and compellable to testify respecting the execution of the said will, in like manner as if no such devise or be- quest had been made. But if such witness would have been entitled to any share of the testator's estate, in case the will was not established, then so much of the share that would have descended or have been distrib- uted to such witness, shall be saved to him, as will not exceed the value of the devise or bequest made to him in the will, and he shall recover the same of the devisees or legatees named in the will, in proportion to and out of the parts devised and be- queathed to them. (2 N. Y. Rev. Stat. 65; 7th ed. 2287.) By section 71 of the same chapter it isprovided that the term " will," as used in that chapter, shall include all codicils as well as wills. (Id. 68; 7th ed. 2288.) Restrictions upon the disposition of property by will are contained in the statutes of other States, e. g.: Colo- rado, where a married man is not al- lowed by will to deprive his wife of more than one-half of his prop- erty, nor can a married woman, with- out her husband's consent in writing, will more than one-half of her prop- erty away from her husband. Con- necticut, where no devise or bequest can be given to a subscribing wit. ness, and the subsequent marriage, or birth of a child operates as a revo- cation of the will, unless these con- tingencies are provided for therein. District of Columbia, where all de- vises of lands to any minister, pub- lic teacher or preacher of the gospel as such, or to any religious sect, or- der or denomination, etc., are void, unless made at least one calendar I208 Forms of month before the testator's death. Iowa, where a disposition by will of property allowed as a homestead, or otherwise given by law to a wife and family as privileged property, are prohibited. Kansas, where a mar- ried person cannot, without the con- sent of the husband or wife, dispose of more than one-half of his or her property. Maine, where a posthu- mous child not provided for takes same share as he would if the father had died intestate. So a child or is- sue of a deceased child not being a devisee in the will, unless it appears such omission was intentional, or not occasioned by mistake, or that such child or issue had already re- ceived a due proportion of the es- tate. Massachusetts, where a devise or legacy to a subscribing witness, or to the husband or wife of such wit- ness, is void, .unless there are three other competent subscribing wit- nesses to the will. New Hampshire, where a subscribing witness cannot take a beneficial devise or legacy given him by the will, unless there are three other subscribing witnesses to the will, and he shall be a compe- tent witness thereto. New Jersey, where a posthumous child takes the same share to which he would have been entitled if no will had been made, unless the contrary appears from the will. New Mexico, where persons becoming heirs, and those receiving legacies by will cannot be witnesses to the will, and a person having no direct heirs, although he may have legal heirs, may constitute a stranger as his heir, provided such stranger be not an infamous or stu- pid person. Pennsylvania, where a bequest to a charity within one month of the testator's death is void. Rhode Island, where a beneficial interest cannot be devised or be- queathed to a witness to the will. While holographic wills are not excepted from the terms of the stat- ute requiring and prescribing the method of publication, in case of such a will, criticism of the terms and manner of what is claimed to be a sufficient publication need not be so close or severe as when the ques- tion as to whether the testator knew that he was executing a will, depends solely upon the fact of publication. (Matter of Application of Beckett, 103 N. Y. 167.) In any case a substantial compli- ance with the statute is sufficient; the necessary information to the subscribing witnesses, as to the character of the instrument, may be given in any manner which conveys to their minds the testator's con- sciousness that it is a will. (Id.) See, also. In re Hunt (no N. Y. 278, aff'g S. C, 42 Hun, 434); Inre Mackay (id. 611, aff'g S. C, 44 id. 571); Matter of Austin (45 id. i); Jones V. Jones (42 id. 563); Matter of Van Gieson (47 id. 5); Matter of Dagger (id. 127); Matter of Phillips (98 N. Y. 267); Matter of Lapham (37 Hun, 15), among recent cases re- lating to execution of wills. See In re McGraw's Estate; In re Fisk's Estate (New York Court of Appeals, 1888; 39 Alb. L. J. 115; III N, Y. 66); as to the validity of devise to corporation. A will is defined to be the disposi- tion of one's property, to take effect after death. (Coffman v. Coffman, Va. Sup. Court of Appeals, 39 Alb. L. J. 265.) See, als9, Riggs v. Palmer (115 N. Y. 506), that one who commits murder to obtain the benefits of a provision of a will in his favor, known by him to be contained in it, thereby forfeits the benefits of the provision. Wills. 1209 No. 1098. Will appointing executor or executors, and leaving the prop- erty to be distributed under the statute of distributions. I, A. B., of the (town) of , in the county of and State of (New York), do hereby make, publish and declare this my last will and testament, as follows, that is to say : I hereby nominate and appoint C. D., of the (town) of , in the county of , and State aforesaid (and E. F., of, etc.), executor (or, executors) of this, my last will and testament, and I hereby direct him to distribute my personal property, after paying all just debts and expenses, to and amongst those entitled thereto, according to the laws of the State of (New York) regulating the distribution of the per. sonal estate of those who die intestate. In witness whereof, I have hereunto subscribed my name, this day of , in the year of our Lord one thousand eight hundred and — .' A. B. [L. S.J (Attestation, as in form No. 1097.) I. See notes to form No. 1097. and which names no executors, is A paper in the form of a will and not a will, as it does not necessarily purporting to be one, the only pro- imply a disposition of testator's es- visions of which are that A., one of tate to his other heirs, and the prop- the testator's sons, shall have no part erty descends under the statute of in Iiis estate at his death, giving as a descents and distributions, including reason therefor that said A. has in- A., the son mentioned. (Coffman herited from his mother a sum equal v. Coffman, Va. Ct. of Appeals, probably to that which testator's es- 1888, 39 Alb. L. J. 265.) tate will pay to his other legal heirs, No. 1099. Porm of will, containing provisions for widow, in fulfillment of ante-nuptial contract, and in lieu of dower and trust pro- visions, etc. I, A. B., of the city of , do make and publish my last will and testament, follows : First. I direct my executors, immediately after my de- cease to pay my beloved wife, F. B., the sum of thou- sand dollars, in bonds of the United States of America, of 152 I2IO Forms of the five per cent loan, under the act of congress, approved March 3, 1864, commonly known as ten-forty bonds, at par, in performance of the ante-nuptial contract made by and be- tween me and the said F., bearing date the day of , one thousand hundred and , whereby I agreed, that if she should survive me as my widow, my executors or administrators should immediately after my death pay to her thousand dollars in the first mortgage bonds of the and railroad company, at par ; and she agreed to waive and release all dower in my real estate, and all right, title and interest in and to my personal estate, except such sum of thousand dollars of bonds. This direction of bequest is on condition that my said wife do accept the same as performance of my part of said ante-nuptial con- tract and in lieu of dower in any and all real estate of which I may have been seized at any time during my marriage with her, and of all claim upon or share in the personal estate of which I may die possessed, except as hereinafter ex- pressly bequeathed to her. I also give, devise and bequeath to my said wife F., the house and lot, number , in the city of , with the appurtenances, and also the statuary therein con- tained for and during her natural life. I also give and be- queath to her absolutely, all the furniture, pictures and other household articles which may be in or appurtenant to said house at the time of my decease, including books, musical instruments and all other chattels of that kind, but except- ing the portraits of my mother and my deceased wife, which two portraits I give to my grandson, C. B., son of my son, A. B., and upon the decease of my said wife, I give, devise and bequeath the said statuary to my said grandson C, and the said house and lot to my said son A. B., in fee. I also give and bequeath to my said wife two carriages and one pair of carriage horses and the harness appurtenant thereto to be selected by her from those I may own at the time of my decease. Second. I give and bequeath unto my daughters, P. J., wife of J. C, E., wife of W. T., M. L., widow of H. C, deceased, S., wife of D. T., and M. A., widow of N. B., de- Wills. 12 ii ceased, for their own use, thousand dollars of the regis- tered bonds of the L. S. and M. S. Railway Company, of thousand dollars each, dated December i, 1873, pay- able December i, 1903, being part of an issue of not exceed- ing twenty-five millions dollars secured by a mortgage on the railroad of said company to the Union Trust Company of New York, dated October 15, 1873; also thousand dollars of the consolidated mortgage bonds of the N. Y. and H. Railroad Company, payable the ist of May in the year 1900, with interest semi-annually at seven per cent per an- num, and secured by a mortgage on the railroad of said company to the Union Trust Company of New York, dated the 1st of May in the year 1872, making together thou- sand dollars of bonds, which I direct to be divided by my executors among my five daughters before named, in equal shares, as soon as can conveniently be done after my decease. Third. I give and bequeath unto the trustees herein- after appointed thousand dollars of ten-forty bonds of the United States of America of the five per cent loan de- scribed in the first clause of this will, in and for the uses and purposes hereinafter set forth, viz. : In trust to set apart and hold thousand dollars of said bonds, and receive the in- terest thereon as it comes due, and pay the same over to my daughter E. A., wife of D. A., for and during her natural life, for her separate use and upon her separate receipt, it being my will that she shall not have power to antici- pate such income, nor to transfer or dispose of her right to receive the same, or any part thereof. And upon the de- cease of my said daughter, I give and bequeath the last mentioned thousand dollars of bonds unto her children who may survive her, and the lawful issue of any of her children who may have died before her, such issue to take the share or shares which their parent or parents would have taken if living, and in default of her leaving any lawful issue her surviving, I give and bequeath the last mentioned bonds, after her decease, to my residuary legatee, hereinafter named The said trustees are hereby directed to set apart, out of the bonds in this clause bequeathed to them, the further sum of I2I2 Forms of thousand dollars of such bonds, and to hold the same in trust, to receive the interest thereon, and pay the same over as it accrues and is received by them, unto my daughter E. O., wife of G. O., for and during her natural life upon her separate receipt, and for her separate use ; it being my will that she shall not have power to anticipate such income, or to transfer or dispose of her right to receive the same or any part thereof. Upon the decease of my said daughter E., I give and bequeath the last mentioned thousand dollars of bonds unto my residuary legatee. The said trustees are hereby directed to set apart, out of the bonds in this clause bequeathed to them, the further sum of thousand dollars of such bonds, and to hold the same in trust to receive the interest thereon, and pay the same over as it accrues and is received by them, unto my daughter, C. L., wife of G. L., for and during her natural life, upon her separate receipt, and for her separate use. It being my will that she shall not have power to anticipate such income, nor to transfer or dispose of her right to receive the same or any part thereof. Upon the decease of my said daughter C., if she shall have children surviving, I direct that the last mentioned thousand dollars of bonds be divided by the said trustees into as many shares as there shall be of such surviving children, and that the said trustees set apart one of said shares for each of said children, and hold such share in trust to receive the interest thereon, and apply the same to the use of said child during his or her natural life, paying over such income to such child after his or her having at- tained the age of twenty-one years. And I direct that on the death of each of said children, the principal of the share ~ held in trust for him or her shall go in absolute ownership as he or she may by will direct, and in default of such will, to his or her next of kin. But in case the said C. shall leave her surviving children and also lawful issue of any deceased child or children, such issue shall be included in the division as representing their deceased parents, and the share which would have been set apart in trust for the benefit of the parent, if living, shall be paid to such issue. And should thei said C. leave no chil- Wills. 12 13 dren her surviving, the last mentioned thousand dollars of bonds shall be paid over to the issue of her deceased chil- dren, should there be any, they to share per stirpes, and should there be no such issue, said bonds shall go to her next of kin, as if she had died intestate, owning such bonds. The said trustees are hereby directed to set apart the re- maining thousand dollars of the bonds in this clause be- queathed to them, and to hold the same in trust to receive the interest thereof and apply the same to the maintenance and support of my son, B. B., during his natural life, at such times and in such manner as they shall deem best for his in- terest. And I authorize said trustees, in their discretion, in- stead of themselves making the application of said interest money to his support, to pay over from time to time to my said son for his support, such portions as they may deem advisable, or the whole of the interest of said bonds. But no part of such interest is to be paid to any assignee of my said son, or to any creditor who may seek by legal proceed- ings to obtain the same ; and in case my said son should make any transfer or assignment of his beneficial interest in said bonds, or the interest thereof, or incumber the same, or attempt so to do, the said interest of said bonds shall there- upon cease to be applicable to his use, and shall thenceforth, during the residue of his natural life, belong to my residuary legatee. Upon the decease of my said son, B. B., I give and bequeath the last mentioned dollars of bonds to my re- siduary legatee. Fourth. I give and bequeath unto my sister, M. B., dollars per annum during" her natural life. To my niece, P. B., — — hundred dollars per annum during her natural life ; and to R. L. and her daughter C, during their joint lives, and to the survivor of them, during her natural life, the sum of hundred dollars per annum, and I direct that the annuities in this fourth clause provided for, do com- mence from the time of my decease, and the first payment thereof be made in six months thereafter, and that said an- nuities be paid half-yearly thereafter. Fifth. I give and bequeath unto my brother, R. B., etc. (here follow certain bequests of bonds), 1214 Forms of Sixth. In case I should part with any of the bonds here- inbefore bequeathed either to legatees or trustees ; or in case for any reason I should not have on hand, at the time of my decease, a sufficient amount of each description of bonds to fulfill all of the bequests in this will mentioned, I direct my executors to supply the deficiency by purchasing with the general funds of my estate the necessary amount of the kind of bonds which may be lacking, and to apply the bonds so purchased fo the fulfillment of such bequests. And if any of the bonds which I have bequeathed in trust should be paid off before the termination of the trust upon which they may be held, I direct that the trustees reinvest the proceeds thereof in other bonds of the United States of America, and hold the same upon the same trusts upon which they held the bonds paid off ; and that the same limi- tations of remainders do apply to such substituted bonds. The interest upon all the bonds in this will bequeathed, either to legatees or in trust, shall be apportioned up to the date of my decease, and so much thereof as shall have ac- crued up to that date, though not due or payable, shall, when collected, belong to my residuary legatee. Seventh. All legacy and succession taxes which may be payable in respect of the bequests and devises in this will contained, I direct to be paid out of my residuary estate ; but should any tax be imposed upon the income of the bonds bequeathed in trust, or upon such bonds or the pro- ceeds thereof while held in trust, they are to be borne by the respective trust estates to which such bonds may be- long, and to be deducted from the income payable to the several beneficiaries. Eighth. All the rest, residue and remainder of the prop- erty and estate, real and personal, of every description, and wheresoever situated, of which I may be seized or possessed, or to which I may be entitled at the time of my decease, I give, devise and bequeath unto my son, A. B., his heirs, executors, administrators and assigns, to his and their own use forever. Ninth. I constitute and appoint my said son, A. B., and my grandson, C. B., son of the said A. B., and also, when Wills. 121 5 he shall become of age, my grandson, F., another son of the said A. B., and also my before named nephew S. B., execu- tors of this my will, and trustees of the several trust estates hereinbefore created. And should any of the said trustees refuse or be unable to act as such, or resign their trusteeship, the said trusts, together with the estates and powers herein- before granted to the trustees, shall vest in those of said trustees who shall act. And should any of the said trustees die, the said trust estates, trusts and powers shall vest in the survivors and survivor of them. But it is my will that no com- missions or compensation shall be charged to my estate or to any of the said trust estates, or to any of the persons for whose benefit the said trusts are created, by said executors or trustees for their services as such executors and trustees ; it being my intention that they shall serve as such executors and trustees without any compensation whatever, and they are severally appointed on that condition. And should either of them refuse to qualify and act, or to continue to Serve as such executor or trustee without compensation, his appointment herein contained shall be void and of no effect. And should my nephew, S. B., refuse to act as such executor and trustee without compensation, the bequest to his wife hereinbefore contained shall become void, and the bonds bequeathed to her shall revert to my residuary estate. Tenth. It is my will that in case any direction or pro- vision of this my will should be held illegal or void or fail to take effect for any reason, no other part of this my will shall be thereby invalidated, impaired or affected, but this my will shall be construed and take effect in the same manner as if the invalid direction or provision had not been contained therein. And should any of the legacies herein lapse, the same shall go to my residuary legatee be- fore named. Lastly. I hereby revoke all wills and codicils by me at any time heretofore made. In witness whereof I have set my hand and seal to this my last will written on pages of paper, at the city of , the day of , in the year one thousand ■ i2i6 Forms of hundred and . The words " five " on the first line of the fifth page and " three " on the first line of the eighth page, written over erasures.^ A. B. [SEAL.] Signed, sealed, published and declared by A. B., the testator, as and for his last will and testament in the presence of us, who, at his request, and in his presence, and in the presence of each other, have hereunto subscribed our names as witnesses. C. D. street, N. Y. E. F. street, N. Y. G. H. House, N. Y. J. K. street, N. Y. I. See notes to form No. 1097. No. 1 100. A clause which may be inserted in a will appointing a guard- ian, etc. And I hereby commit the guardianship of all my children until they shall respectively attain the age of twenty-one years, unto my said wife, during her life, if she shall so long continue my widow ; and from and after her decease or sec- ond marriage, unto my trusty and much esteemed friend, A. B. (his executors and assigns), and do hereby declare, that the expenses of the maintenance and education of my said children, until they shall attain the age aforesaid, or become entitled to the sum or sums of money hereby provided for their benefits respectively, shall be paid and borne by my said wife, by and out of the moneys and estate given and be- queathed to her in and by this my will.^ I. It is provided by section i of his deed or last will duly executed, title 3 of chapter i of part 2 of the dispose of the custody and tuition of New York Revised Statutes, as such child during its minority or for amended by chapter 454 of the Laws any less time, to any person or of New York of 1888, that every persons in possession or remainder, father, whether of full age or a minor, But if the mother of. such child sur- of a child likely to be born, or of any vive the father for one year, whether living child under the age of twenty- such appointment be now made or one years, and unmarried, may, by shall hereafter be made by the father. Wills. 12 17 she may, after the lapse of such year, See, as to the effect of such ap- notwithstanding such appointment pointment, sections 2, 3, 20 and 21 by the father, by her deed or last of same title; and further as to guar- will duly executed, dispose of the dianship, see sections 2851-2860 of custody and tuition of such child New York Code of Civil Procedure, during its minority, or for any less and Hagerty v. Hagerty (9 Hun, 175); time, to any person or persons in In re Reynolds (11 id. 41); In re possession or remainder, and she Tayler (3 Redf. 259); Matter of may make the same appointment at Schroeder (65 How. 194); Matter of any time if the father dies without King (42 Hun, 607); WuesthofI v. having executed his said right of ap- Germania Fire Ins. Co. (107 N. Y. pointment, and section 2851 of the 580); Mackay v. Fullerton (4 Den. Code of Civil Procedure shall apply 153); Matter of King (2 How. Pr. N. on any such appointment. (Laws of S. 307). N. Y. of 1888, p. 746.) No. iioi. Clause in a will, that sums advanced to children shall be re- garded as parts of their portions of estate. Provided, always, and I do hereby declare, that in case I shall, in my life time, advance and pay to any of my children, either sons or daughters, any sum or sums of money, for his or their benefit or advancement in the world, or otherwise, and shall signify the same in writing under my hand, then if any such sum or sums shall be equal to the share or shares of such child or children respectively, of and in the premises, etc., by me hereby devised or bequeathed for their respective benefits, such sum or sums so paid or advanced shall in that case be accounted in full satisfaction of the share or shares of such child or children respectively, in the said estate and premises ; but if such advanced sum or sums shall be less than the share or shares of such child or children respectively, of and in the said premises, etc., then such advanced sum or sums shall be accounted as part only of the share or shares of such child or children therein, and in that case such child or children shall not receive or be entitled to any share or interest of, or^in such parts of the said premises, etc., which shall have been paid or advanced to him, her or them, for the purposes aforesaid, until the other or others.of each child or children shall have received as much of the said premises, etc., as shall make his, her or their share or shares thereof, 153 i2i8 Forms of ' equal to what shall have been so paid or advanced to or for the benefit, advantage or preferment of such child or children respectively, to the end and intent that the said premises, etc., may be equally divided among all such children, share, and share alike.^ I. As to effect of advancement 246, aff'g S. C, 11 Hun, 523); Camp upon the division of real or personal v. Camp (18 Hun, 217); Verplanck property, under the New York Stat- v. De Went (10 id. 611); Matter of utes of Descent and Distribution, see Morgan (104 N. Y. 74) ; Arnold v. I N. Y. Rev. Stat. 754, § 23; 2 id. Haronn (43 Hun, 278) ;De Caumont 97> § 76; 7th ed. 2213, 2305; and see, v. Bogert(36id. 382); Clark v. Kings- also, Lawrence v. Lindsay (68 N. Y. ley (37 id. 246); Matter of Robert (iii 108) ; Beebe v. EstabrocK (79 N. Y. N.Y. 372), among other recent cases. No. 1 102. Devise to wife in lieu of dower, etc., remainder to cMLdren. Item. I give and devise unto my said wife, all that lot, piece or parcel of land situated, etc. (briefly describing prop- erty), with the lands and hereditaments thereunto belonging, and the rents, issues and profits thereof, for and during the term of her natural life ; and from and after the decease of my said wife, I give and devise the said piece or parcel of land, lands, and hereditaments unto such child or children as I shall leave or have living at the time of my decease, and to their heirs and assigns forever, as tenants in common ; and if I shall have no such child or children living at the time of my decease, then I give and devise, etc. Which said legacy given to my said wife as aforesaid, I hereby declare is in- tended to be, and is so given to her, in full satisfaction and recompense of, and for her dower and thirds, which she may, or can in any wise claim or demand out of my estate.^ Item. I give and devise all the rest and residue of my estate, both real and personal (not hereinbefore by me given and bequeathed), unto, etc. I. It is provided by section 13 of made for her by will, in lieu of her title 8 of chapter i of part 2 of Re- dower, she shall make her election vised Statutes of New York, that if whether she will take the land so de- lands be devised to a woman, or a vised, or the provision so made, or pecuniary or other provision be whether she will be endowed of the Wills. 1219 lands of her husband. (N. Y. R. S. 741; 7th ed. 2198.) By section 14 of same title, it is provided that when a woman shall be entitled to an election, under section 13 above cited, she shall be deemed to have elected to take such devise or pecuniary provision, unless within one year after the death of her husband she shall enter on the lands to be assigned to her for her dower, or commence proceed- ings for the recovery or assignment thereof, (i N. Y. R. S. 742; 7th ed. id.) A devise of the testator's whole es- tate to his widow for life, with re- mainders over, is not a provision in lieu of dower, unless such intention is to be implied from other terms of the will; and the widow may take one-third of the estate as doweress, and the residue as devisee. (Lewis V. Smith, 9 N. Y. 502.) That a devise to the widow was in- tended to be in lieu of dower may be inferred from the provisions of the will; as where it is inconsistent with the claim of dower. But the incon- gruity must be plain. (Jackson v. Churchill, 7 Cow. 287.) Where a testator devised all his real and personal estate to his wife during her life or so long as she should remain his widow, with re- mainder to his children, and after his death the widow entered and oc- cupied under the will for several years, and then married a second husband, held, that she was entitled to dower. (Bull v. Church, 5 Hill, 206; affd, S. C, 2 Den. 430.) When a testamentary disposition in favor of the wife, by the husband, is not expressed to be in lieu of dower, she is not put to her election, unless the terms and provisions of the will be totally inconsistent with her claim. (Lasher v. Lasher, 13 Barb. 106.) Testator gave the use of his dwell- ing house and furniture and an an- nuity to his wife for life. The be- quest concluded as follows: "This provision to be accepted by my wife in lieu of her dower right and distrib- utive share in my estate ; she to make her election whether she accepts this provision of my will within sixty days from the time of proving the same." The residue of his estate was given to his nephew. The widow rejected the provision. Held, that she was entitled, not only to her dower, but also to a legacy by im- plication equal to the amount of the personal estate which she would have received if testator had left no will. {In re Vowers' Will, N. Y. Ct. of App., June 4, 1889; 40 Alb. L. J. 71; 113 N. Y. 569.) See, also, Jones v. Fleming (104 N. Y. 418, rev'g S. C, 37 Hun, 227); Akin v. Kellogg (39 Hun, 252; S. C, 48 id. 459); Hathaway v. Hathaway (37 id. 265); White v. Kane (51 N. Y. Super. Ct. 295); Matter of Zahrt (94 N. Y. 605); Wetmore v. Peck (66 How. Pr. 54); Asche v. Asche (113 N. Y. 232, aff'g S. C, 47 Hun, 285); Konvalinka v. Schlegel (104 N.Y. 125, afTg S. C, 39 Hun, 451), con- struing the statutory provisions on this subject, and generally as to dower right, see note i to form No. 196. I220 Forms of No. 1 1 03, Form of codicil to a will. Whereas, I, A. C, of, etc., have made my last will and testament in writing, bearing date on day of , i , and have thereby, etc. (reciting provisions as may be neces- sary). Now, I do by this my writing, which I hereby declare to be a codicil to my said will, to be taken as a part thereof, will and direct as follows : (*) First, I give and bequeath to my niece, M. S., one gold watch, one large diamond ring and one silver coffee-pot. And, whereas, in and by my last will and testament, I have given and bequeathed to my daughter-in-law, G. H., the sum of dollars, I do hereby order and declare, that my will is that only the sum of dollars be paid unto her, in full of the said legacy I have as aforesaid given and be- queathed unto her; and that the remaining part of said legacy be given and paid to my nephew, E. G. And lastly, it is my desire that this my present codicil be annexed to, and made a part of my last will and testament, to all intents and purposes. In witness whereof I have hereunto set my hand and seal this day of , in the year i } A. B. [L. s.] (Attestation clause as in form No. 1097, inserting therein after the word " be " the words " a codicil to "). (Signatures of witnesses and residences, as in form No. 1097.) I. By section 71 of article 3 of title mour v. Van Wyck (6 N. Y. 120); Caw I of chapter 6 of the New York Re- v. Robertson (5 id. 125); Howland v. vised Statutes, the term "will," as Union Theological Seminary (5 N. used in that chapter, is to include Y. 193, rev'g S. C, 3 Sandf. Super, all codicils, as well as wills. (N. Y. Ct. 82); Leaycraft v. Simmons (3 Rev. Stat. 67, 68; 7th ed. 2288.) Bradf. 35); Darley v. Darley id. 481); See also note i to form No. 1097, as Newcomb v. Webster (39 Alb. L. to execution of wills, and see Sey- J. 440; 113 N. Y. 191.) Wills. 122 i No. 1 104. Another form of codicil to will. I, A. C, of, etc., do hereby make and publish the follow- ing codicil to my last will and testament bearing date on the day of , i . (Proceed as in last form, No. 1103, from (*) to end.y A. C. [L. S.J (Attestation, signatures, etc., of witnesses, as in last form.) I. See note to last form, No. 1103. No. 1 105. Form of renunciation by executor. (N. Y. Code Civ. Proc, § 2639.) Whereas, I, A. B., of the (town) of , in the county of and Sate of New York, have been, in and by the last will and testament of C. D., late of the (town) of , in the county of and State aforesaid, now deceased, appointed execu- tor (or, one of the executors) of the said last will and testa- ment (*), but being unwilling to take upon myself the bur- den of the execution thereof : Therefore, know all men by these presents, that I, the said A. B., have renounced, and by these presents do re- nounce, all claim to the execution of the said will as execu- tor (or, as one of the executors) thereof, and I hereby re- quest the surrogate of the county of to file this, my renunciation, and- record the same as provided by law. Dated at , this day of , i } Signed in the presence of A. B. E. F. (Acknowledgment or proof, as in forms Nos. 89, ctc."^ I. The provisions of section 2639 appointment by an instrument in of the New York Code of Civil Pro- writing, signed by him, and acknowl- cedure are as follows: edged or proved, and certified, in " 55 2639. A person, named as ex- like manner as a deed to be recorded ecutor in a will, may renounce the in the county, or attested by one or 1222 Forms of more witnesses, and proved to the sued has died, or become a lunatic, satisfaction of the surrogate. Such and there is no other acting executor a renunciation may be retracted by a or administrator. Where a retrac- like instrument, at any time before tion is so made, letters testamentary letters testamentary, or letters of ad- may, in the discretion of the surro- ministration with the will annexed, gate, be issued to the person making have been issued to any other person it. An instrument specified in this in his place; or, after they have been section must be filed and recorded so issued, if they have been revoked, in the surrogate's office, or the person to whom they were is- No. 1106. Retraction of renunciation by executor. (N. Y. Code Civ. Proc, § 2639.) As in last form No. 1 105 to (*) and from thence as follows : And, whereas, I did by an instrument in writing, dated , I -, executed and acknowledged by me (or, executed by me, and proved by the subscribing witness thereto), and re- corded in the surrogate's office of county, on the day of—; — , I , renounce such appointment, I do hereby retract such renunciation pursuant to the statute in such case made and provided.' Dated , i . A. B. Signed in presence of I.J. (Acknowledgment, etc., as in last form.) I. See note I to last form. No. 1105, v. Parker (19 Hun, 55); Trow v. and see Codding v. Newman (3 T. & Shannon (59 How. Pr. 214). C. 364; afF'd, 63 N. Y. 639); Staunton Wrecked Property. See Towns, title 5. INDEX. [ See,' also, Table of Contents, page v.] PAQE. Abandonment, of vessel to insurer — notice of 1 Abstract of title : to real property, general form of 3 another form, property passing through foreclosure proceedings, and by inheritance 7 another form, property passing through partition proceedings and proceedings for sale of infants' property 10 another form, title obtained through sheriff's sale under execu- tion issued upon j udgment 11 Abstract of names of persons who have presented to board of town auditors accounts to be audited, etc 1170 Acceptance of offer to purchase property in proceeding for its con- demnation 438 Account : by auctioneers of sales, etc 353 annual, rendered by overseers of highways, to commissioners 811 of justice of the peace in criminal matters, rendered to town board. 1167 of supervisor, form of 1165 certificate of examination of same 1166 Acknowledgment and proof of deeds, forms of, see list of such forms, commencing 13 Adoption of minor children, forms of, see list of such forms 153 (See, also, Agreement; Consent; Order.) Address by clerk to prisoner before calling jury 981 Advancement, clause in will that sums advanced to children shall be regarded as part of their shares of estate 1317 Affidavit : on application for order directing assignment of indentures of apprenticeship 368 to be made before commencing the business of banking 451 of service of notice of intention to consolidate two or more bank- ing corporations 463 of assent of stockholders owning two-thirds of stock of banking corporation to consolidation 464 on motion for permission to plaintiff to enter upon real property in proceeding for its condemnation 445 of directors of business corporation to be annexed to amended certificate to extend its business 505 to be indorsed upon or annexed to certificate of incorporation of railroad corporation 519 of directors to be annexed to certificate of incorporation of steam railway company organized by commissioners to determine upon necessity of steam railway in streets, etc., of city or county 560 of service of notice of meeting of stockholders of stock corpora- tion to increase or reduce the number of its directors 574 1224 Index. Affidavit — Gontmued. page. of director of stock corporation other than monied or railroad corporation to avoid personal liability for failure to make and file annual report 578 of majority of directors of ferry corporation that one-half of its capital has been actually paid in 589 of directors of navigation corporation to be annexed to certificate of incorporation of same 591 of directors of pipe line corporation, as to subscription to and payment in money for stock of same 598 of three directors of city, etc. , water works corporation as to sub- scription and payment for capital stock 610 of three directors to be annexed to amended certificate of incor- poration of telegraph or telephone company 613 of directors to be annexed to certificate of incorporation of turn- pike, etc., corporation 617 of service of notice of special meeting of board of supervisors, for hearing of application for authority to lay out plank road or turnpike or to construct bridge 681 in extradition proceeding 774 of service of notice of meeting of commissioners appointed to de- termine necessity for laying out, etc., highway 833 of applicant to accompany same 834 of service of notice of hearing, upon certificate of commissioners of highways that highway should be laid out through orchard, etc 831 of service upon owners and occupants of lands of notice of appli- cation to lay out private road, and of time and place for selec- tion of jury 848 of freeholders on application to court for order requiring building, etc., of bridge 857 on application for reimbursement of moneys expended in repair- ing, etc., unsafe bridge 863 of publication of notice of terms of limited partnership 991 of witness to accompany declaration of survivor of Mexican war for pension 1037 of claimant's infirmity to accompany such declaration 1039 of witness, widow's pension 1083 to be annexed to account presented for audit to town board, etc. . 1169 of warehouseman or warehouse company on deposit of balance of proceeds of sale with connty treasurer, etc 1198 of same, of service of notice of such sale 1199 Affirmation: or oath to be administered in New York State to person identify- ing the parties or a witness to conveyance 115 or oath to be administered to an affiant or affiants 115 Agreement : see list of forms of, commencing 159 of adoption of minor child 153 of father or guardian to be annexed to indenture of apprenticeship. 260 to bind to service until twenty-one, a minor coming from foreign country 261 of service for one year to pay emigrant's passage 363 of consolidation of two or more banking corporations 461 for consolidation of business corporations 505 for consolidation of railroad corporations 586 for building a house 104,195,884 of commissioners of highways and supervisor, with turnpike or plank road corporation for use of highway 618 (See, also, Release; Receipt; Bill of lading; Lease; Articles; Memorandum; Jointure.) Index. 1225 Alabama: page. form of deed in 719 form of acknowledgment of such deed 19-31 Aliens, naturalization of forms relating to, see list of such forms. . . . 963 Ale, sale of, see forms relating to excise, list of 755 Amendments, to specification filed with application for patent 1003 Animals, doing damage, forms relating to, see Beasts doing damage. Annuity, grant of 701 Answer, by owner of property to petition in proceeding for condem- nation of real property 433 Appeal (See, also, Notice.): from decision of commissioners appointed to examine route of railroad, notice of 537 order of General Term upon 538 Application (See also. Petition.): to superintendent of banks by banking, etc., corporation for leave to change place, of business 455 to local authorities for consent to construction and maintenance of street surface railroad 544 "to supervisors for steam railway in streets, etc., of city or county. 551 by steam railway corporation organized to construct railway in streets, etc., of city or county for authority to abandon or change part of its route ' , 567 to court to order issue of new certificate, in place of lost certifi- cate of stock of corporation 583 to board of supervisors for authority to lay out a plank road or turnpike, or to construct a bridge. '. 619 for mortgage, lease or sale of real property of corporation or joint stock association, see list of forms of 649 for license to sell liquors, etc 764 bond to accompany such application 766 to commissioners of highways for order laying out or opening highway on land dedicated for that purpose 817 for order of commissioners of highways, laying out highway, with consent of town board and release of damages 818 to commissioners of highways to lay out new highway, or to alter or discontinue old highway 819 for leave to lay out highway upon or through burying ground. . . 884 to lay out private road 847 to County Court by owner or occupant of land, for order confirm- ing, etc., verdict of jury appointed to determine necessity for privateroad 853 for license to keep a ferry 867 notice of such application to owners of lands 869 affidavit of service of such notice 869 for issue of letters patent 998 for patent for design 1000 to inquire into facts as to bastard 1098 for order to compel support by relative of poor person 1114 by fifteen electors of town to determine at town meeting where future town meetings shall be held 1134 same for special town meeting by tax payers 1135 Appointment : by bank, etc. , of superintendent of banks as attorney for service of process ' -. • 458 by minor of guardian 780 by father of guardian for son 780 of town officer to fill vacancy 1138 by town board of town fire company, or to fill a vacancy therein. . 1170 of temporary board of town auditors by town board 1171 154 1226 Index. Appointment — Continued. paob . by supervisor to fill vacancy in board of town aaditors 1172 to fill vacancy in town oflSce 1175 Appraisers of wrecked property 1159 Apprenticeship, forms relating to, see list of such forms 247 (See, also. Indenture ; Certificate ; Agreement ; Contract ; Assign- ment ; Consent ; Aflfidavit ; Notice ; Order ; Complaint ; Under- taking ; Summons ; Dismissal ; Warrant ; Commitment ; Dis- charge.) Approval by comptroller to be indorsed in certain cases upon certifi- cate of increase, etc. , of capital stock of stock corporation 583 Arbitration : (See, also. Award ; Bond ; Oath .) 287 agreement of submission of controversies to , 180 same agreement, shorter form 181 agreement submitting particular controversy to 183 bond, general form 396 award of arbitrators 368, 859 revocation of powers of arbitrators 360 notice of such revocation 360 oath of arbitrators 976 Arizona: form of deed in 720 form of acknowledgment of such deed 23, 28 Army and navy pensions. (See Pensions.) Articles : of marriage 225 of separation between husband and wife 235 of copartnership 205, 214 Arkansas: form of deed in 721 form of acknowledgment, etc., of such deed 24-27 Assessment : of highway labor by commissioners of highways 799 by overseer of highways of persons left out of list of assessments for highway labor 800 of highway labor by overseer of highways, additional to assess- ment by commissioners 803 Assignment : forms of, see list of such forms 388 of right in patent 998 of entire or partial interest in invention 1000 of emigrant's contract of service, indorsed thereon ... 364 of indentures of apprenticeship 265 same on death of master 266 Assignments for creditors: by individual for payment of his debts, giving preference, etc. . . 331 by members of copartnership, with preferences 332 schedule to be annexed to, when referred to as annexed 340 inventory or schedule required by laws of New York to be made and filed by debtor making 842 Attachment against witness subpcenaed by coroner, for non-appear- ance 657 Attorney, powers of, see list of forms of 1050 Attorneys, articles of copartnership between 205 Auctioneers, forms relating to, see list of such forms 348 (See, also, Bond; Oath; Notice; Account; Terms of sale.) Authority of stockholders to change of National bank to State bank. 467 Award, by arbitrators 358, 359 (See, also, Arbitration.) Index. 1227 PAGE. Baggage or freight, notice of sale of unclaimed, by railroad corpora- tion 532 Bastards, support of 1097 Beasts doing damage, forms relating to, see list of such forms 1150 (See, also. Notice; Certificate; Petition; Order; Undertaking; State- ment; Oath.) Beer, sale of, see forms relating to excise, list of 755 Bill of lading, form of •. 178 Billsofsale , 363 Board of excise, see forms relating to excise, list of 755 Bonds, see list of forms of 370 auctioneer's, on his appointment 348 of guardian ad litem of infant, etc., in proceeding for condemna- tion of real property 433 of commissioners appointed to determine the necessity of steam railway in streets, etc., of city or county 555 of steam railway corporation, to be given in lieu of deposit of money and securities 557 of indemnity to be filed, pursuant to order requiring issue of new stock certificate 584 of commissioners of excise 756 of indemnity by complainant upon refusal or neglect of commis- sioners to prosecute overseer for penalty 795 to be given by absconding person to procure discharge of warrant in proceeding for support of poor person by relative 1118 (See, also. Undertakings.) Book, agreement for sale of manuscript and copyright of 303 Bridge corporations, forms relating to, see list of, commencing 614 Bridges, forms relating to ; see list of such forms, 614, 854 (See, also. Highways and bridges ; Turnpike road ; Plank road ; Bridge corporations.) Building : of ship, agreement for 178 of house, agreement for 194, 195, 884 Business corporation law, forms under, see list of 493 By-laws of business corporation 495 California: form of deed in 733 lorm of acknowledgment, etc. , of such deed 37-39 Causeway corporations, forms relating to, see list of, commencing 614 Caveat, preparatory to filing application for patent 1001 Certificates : of acknowledgment proof of deeds, see list of forms of, at 13 of county clerk to be annexed to certificate of acknowledgment to be used in another State or recorded or read in evidence in another county in New York State than that in which the acknowledgment is taken 113 to be indorsed upon indenture of apprentice 355 of employer at expiration of apprenticeship 266 of superintendent of banks consenting to change of location of bank, etc 456 of same of approval of banking,etc. , corporation and of compliance with provisions of banking laws 457 of same in case of foreign corporations , 457 of incorporation of bank 459 of individual banker's residence, to be filed by him , . 460 of superintendent of value of property of banks, etc., to be con- solidated 465 1228 Index. Certificates — Continued. • page. of incorporation of banking corporation, changing from National to State bank 469 of incorporation of savings bank 475 of authorization to open office for deposit of savings 477 of incorporation of trust company 480 of incorporation of building and mutual loan corporation 483 of incorporation of co-operative loan association 485 to be filed by mortgage, etc. , company 487 of incorporation of safe deposit company 488 of incorporation of business corporation 498 required to be filed by business corporation, before engaging in business 494 amended to extend business of business corporation 503 of authority of foreign corporation 509 of extension of corporate existence of corpgjation 514 " of incorporation of railroad corporation 515 affidavit to be annexed to, in case of railroad corporation 519 supplemental, of names, etc., of directors omitted from original, in case of railroad corporation 530 of change of route or termini of railroad 529 of incorporatiou of railroad corporation for construction, etc., of railroad in foreign country 530 of adoption by stockholders of agreement for consolidation of rail- road corporations 539 of adoption by stockholders, of agreement for leasing of railroad. 541 of incorporation of steam railway corporation prepared by com- missioners appointed to determine the necessity for such rail- way in streets, etc., of city or county 558 of commissioners appointed to determine the necessity for steam railway in streets, etc. , of city or county 561 upon reorganization of domestic stock corporation, upon sale un- der judgment, etc., of its stock and franchises 573 amended, of stock corporation, altering or extending its business and powers 579 of increase or reduction of capital stock of stock corporation 581 of incorporation of ferry corporation 587 of incorporation of navigation corporation 589 that capital stock of navigation corporation has been paid in. . . . 592 of incorporation of stage coach corporation 593 by directors of same of alteration or extension of route 594 of incorporation of tramway corporation 595 of incorporation of pipe line corporation . 597 of incorporatiou of water works corporation in city, town or vil- lage 608 of incorporation of telegraph or telephone company 611 amended of same company 612 of incorporation of turnpike, plank road, bridge, causeway, etc., corporation 615 of commissioners of highways, of completion of bridge or of turn- pike or plank road 625 of consolidation of two or more plank road or turnpike corpora- tions, and of changing name 641 sheriff's, of sale of real property under execution 680 assignment of same 682 of supervisor and town clerk as to amount audited and allowed by town board for repairs to highways and bridges 788 of anticipation of highway labor from overseer to person or corpo- ration performing it 804 of decision of commissioners appointed to determine necessity for laying out, etc., highway, in favor of application 825 Index. 1229 Certificates — Continued. page . same certificate denying application 886 of commissioners of highways that highway should be laid out through orchard, etc 829 of disagreement of commissioners of highways of two towns as to laying out, etc., of highway extending into both towns 835 of commissioners that private road has been laid out 853 of clerk annexed to copy for licensee of license to keep a ferry . . . 871 of marriage, form of 917 of magistrate, to be indorsed upon or annexed to marriage cer- tificate, when made by minister, to entitle it to be filed and re- corded 920 of clerk, of naturalization of alien 963 of naturalization of foreigner 966 of formation of limited partnership, and affidavit of general part- ner 988 of continued use of partnership name 991 same certificate in case of death of person carrying on a business. 993 of appointment of special constable by supervisor, etc 1196 of fence viewers as to charges, etc. , due to owner for animals taken doing damage 1158 of examination of supervisors' account 1166 of rejection of account against town, by town board 1166 of allowance of such account in whole or in part 1167 of alteration of town election districts 1174 of town clerk of filing undertaking given by justice of the peace . . 1134 of town clerk to county clerk of officers elected at town meeting. 1133 of discharge to be indorsed on warrant for arrest of reputed father of bastard 1103 Certiorari : writ of, to board of excise on refusal to grant license 769 return thereto 770 Challenge: of vote of member of corporation, oath upon 513 of vote of proxy of member of corporation, oath upon 513 Change of route of termini of railroad, certificate of 529 Charter party, forms of 412, 415 Chattel mortgages, see list of mortgages of real and personal prop- erty 921, 947 Chattels doing damage; forms relating to, see list of such forms 1150 (See, also. Notice; Certificate; Petition; Order; Undertaking; Decision; Statement; Oath.) Children, forms relating to custody of, see list of 663 Claim disputed, agreement between executor and creditor to refer.. . . 236 Clause : in will appointing guardian, etc 1216 that sums advanced to children shall be regarded as part of their shares of estate 1217 Clerk, agreement between merchant and 232 Codicil : to will, form of. 1330 another form 1831 Coin : purchase of, agreement for, at seller's option 199 at option of buyer or seller 300 Colorado: form of deed in 733 form of acknowledgment, etc. , of such deed 29 Commis.sioners : to determine necessity of steam railway in streets, etc., of city or county, order appointing 553 I230 Index. Commissioners — Continued. page. oath of such commissioners 654, 555 to determine necessity of steam railway in streets, etc., of city or county, bond of 555 notice of meeting of such commissioners, for appraisal of property. 556 to examine route of railroad, petition for 683 notice of application for 524 order appointing 525 determination of 526 notice of appeal from decision of 537 order upon such appeal 528 application for by steam railway company, organized to construct railway in streets, etc. , of city or county, on change- or abandon- ment of route 567 report of such commissioners 568 Committee of lunatic, deed by, of real estate of lunatic 714 Commitment : of fugitive from justice, under extradition treaty, by United States commissioner 777 of apprentice, on complaint by master 285 Complaint : in action against employer for neglect to teach, etc., apprentice. . 271 against master for cruelty, etc. , by apprentice, when money has been paid or agreed to be paid at time of binding 273 same where no money has been paid or agreed to be paid 276 dismissal of same 278 against apprentice or servant for absenting himself, etc., where money has been paid or agreed to be paid at time of binding/: . 280 against apprentice, etc., for absenting himself, etc., where no money has been paid or agreed to be paid for his instruction. . . 283 before board of excise 773 to commissioners of highways that toll bridge has become unsafe. 788 by overseer in action for fine against persons failing to appear pursuant to notice to assist in removing obstructions to high- ways 793 in action against overseer for neglect to have highway opened by removing obstructions therefrom. . . 794 to commissioners of highways against overseer for neglect of duty . 795 in action by commissioners of highways against overseer for re- covery of penalty for refusal, etc., to deliver list of unpaid assessments for highway labor, or to make affidavit 810 Composition with creditor, by debtors, deed of 669, 671 Comptroller, license by, to common carrier to sell liquor 772 Condemnation of real property, see list of forms relating to 417 Connecticut: form of deed in 734 form of acknowledgment, etc., of such deed 31, 32 Consent : of parties to adoption of minor child 154 of parents to adoption of minor child 153, 155 of apprentice, etc. , to assignment of indentures 267 of stockholders of banking corporation to consolidation 464 of stockholders of business corporation to be annexed to supple- mental certificate filed by it to become full liability corporation. 503 of property owners to construction of street surface railroad 543 by local and municipal authorities to construction and mainte- nance of such railroad 646 of stockholders of stock corporation to mortgage of its property and franchises 572 of owners of property to taking of highway for plank road or turnpike • 619 Index. 1231 Consent — Continued. page . to abandonment of the whole or part of plank road or turnpike. . 642 of board of supervisors to extension of corporate existence of plank road or turnp.'ke corporation 646 of stockholders to such extension 648 of authorities having charge and control of park to granting license to sell liquor therein 768 Consolidation : of business corporation, agreement for 505 notice of meeting of stockholders for submission of such agree- ment r 507 proceedings of meeting held pursuant to such notice 507 of railroad corporations, agreement for 536 notice of meeting of stockholders to consider 538 certificate of adoption of agreement for 539 Constable, appointment of special by supervisor, etc 1196 Contracts. (See Agreements.) Conveyances. (See Bills of sale ; Deeds ; Assignments.) of real estate, see lists of general and statutory forms of 673, 718 Copartnership. (See Partnership.) Copyright : and manuscript of book, agreement for sale of 203 record to be made of name of book, etc., upon granting of, by librarian of congress 449 (See, also, Assignment.) Coroners, forms relating to, see list of such forms 656-662 Corporation: see list of forms relating to banks 450 individual banker 450 savings banks 474 trust companies 480 co-operative loan associations 485 mortgage, loan and investment 486 business 492 general corporation lavi^ 509 railroad , 515 street surface railroads 541 railroads in cities and counties 551 stock : 571' transportation 587-648 ferries 587 navigation 589 stage coach 593 tramway 595 pipe line 597 water works 608 gas and elebtric light 606 ' telegraph 611 telephone 611 turnpike 614 plank road ^ 614 bridge .' 614 mortgage, lease or sale of property of 649 Covenants, in conveyance of real estate, see forms of deeds, lists of, commencing ... : 672, 718 (See, also. Agreements; Bills of sale.) Custody of minor child, see list of forms relating to , 663 Dakota Territory: form' of deed in 724 form of acknowledgment of deed in 83-36 1232 Index. PAGE. Debt, municipal, of town 117S Debtor and creditor: (S««' ^1^°' ^«P°^'-) letter of license from creditors to debtor 667 deed of composition of debts 669 deed of composition, another form 671 Decision: of court, on trial of issues in proceeding for condemnation of real property 434 of superintendents of poor, as to pauper's settlement 1131 of fence viewers upon subdivision or new apportionment of di- vision fence, by reason of transfer of title 1146 by appraisers, of wrecked property 1162 Decedent, deed on sale of property of, for payment of debts 716 Declaration : by directors, of abandoning plank road or turnpike, in whole or in part , 643 by alien, of intention to become a citizen of the United States 963 relating to army and navy pensions, general forms of, see list of such forms 1004 of soldiers, etc. , war of 1813, see list of such forms 1019 in case of Mexican war pension, see list of such forms 1034 under act of congress of June 37, lb90, see list of such forms 1034 Deed of composition with creditors 669, 671 Deeds. (See, also, Assignments; Assignments for creditors): general forms of, see list of 673 forms of, in the different States and Territories of the United States, see list of, commencing 718 forms of acknowledgment and proof of 18-158 of trust of lands in State of Tennessee 958 same in State of Virginia 959 same in State of West Virginia 959 (See, also, Conveyances; Covenants; Sheriff's certificate ; Assignment; Annuity; Declaration; Gift; Partition ; Special guardian; Committee; Lunatics; Decedent; and names of States and Territories.) Delaware : form of deed in 735 form of acknowledgment of deed in 36, ,38 Deposition to be used upon hearing of interference at patent office 1002 Designation : of superintendent of banks as attorney by foreign mortgage, etc., corporation 488 and statement by foreign corporation, to obtain certificate of au- thority 510 Determination of commissioners appointed to examine route of rail- road 526 Devise to wife in lieu of dower, remainder to children 1318 Direction for publication of notice' of intention to organize trust com- pany 481 Directors of corporation, notice of special election of 513 Discharge of defendant by magistrate, on complaint of master against apprentice 285 Disclaimer to be filed in patent office 998 Disputed claim against estate, agreement for reference of 336 Dissent of stockholder to consolidation of banking corporations 466 Dissolution ; of copartnership, agreement for 218 same agreement indorsed upon original articles 223 District of Columbia : form of deed in , , . 735 form of acknowledgment, etc., of deed in 39 Index. 1233 Districts: pagb. election, division of town into 1173 certificate of alteration of such districts 11T4 Division of town into election districts 1 173 Division fences, see list of forms relating to 1143 (See, also. Location; Notice ; Decision ; Certificate ; Appraisal ; Request.) Dower, devise to wife in lieu of, remainder to children 1318 ( See, also. Release ; Assignment ; Agreement.) Draft or bill of exchange : inland, and acceptance of same 1064 foreign, in a set 1067 protest of foreign or inland bill for non-acceptance 1070 notice to indorser of demand andref usalof payment of promissory note or draft 1073 agreement of waiver of demand and notice by indorser 1074 Election : special, of directors of corporation, notice of 513 districts, division of town into 1173 certificate of alteration of such districts 1174 notice of, in town 1174 Estrays. (See Strays.) Examination : of mother of bastard before magistrate 1098 of witnesses before coroner's jury 659 of parties marrying as to their right to contract marriage 919 oath to be administered in taking such examination 930 Excise, forms relating to, see list of 755 Executor : agreement between, and creditor to refer disputed claim 236 renunciation by 1331 retraction of same 1233 deed by, of real estate 694 Existence of corporation, certificate of extension of 514 Extension : of corporate existence, certificate of ' 514 of time of payment of bond and mortgage 933 Extradition, forms relating to, see list of forms 774 Fences, list of forms relating to 1143 (And see Division fences.) Pence viewers : decision of, upon subdivision, or new apportionment of division fence, by reason of transfer of title 1146 appraisal by, of damages for neglect to make or keep in repair division fences 1148 Ferries, forms relating to, see list of such forms 867 (See, also. Ferry corporation; Application; Notice; Undertaking; License; Certificate.) Ferry corporations, forms relating to; see list of such foi-ms 587 Floating timbers, see list of forms relating to 1150 (See, also. Wrecked property, etc.) Florida : form of deed in , ■; 725 form of acknowledgment of deed in 41^ 42 Foreign corporation : ' certificate of authority of 5Q9 statement and designation by, to obtain such certificate 510 Foreign country, certificate of incorporation of railroad corporation tot construction of railroad in 530 Foreigners, naturalization of 9g2 '155 1234 Index. PAGE. Freight or baggage, notice of sale of unclaimed, by railroad corpoia- tion 532 Gas and electric light corporations, certificate of incorporation of 606 General corporation law, forms under, see list of 509 Guardian, clause in will appointing 1316 Guaranties, Letters of credit and, forms of, see list of such forms . . . 913 Guardian and ward : appointment by minor of guardian 780 appointment by father of a guardian for son 780 (See, also. Special guardian.) Georgia : form of deed in 726 form of acknowledgment of deed in 43,44 Gift: deed of, of land 703 deed of, of personal property 706 Habeas corpus, for custody of minor child, forms relating to 663 Highways and bridges 783-873 forms relating to highway oificers, their general powers and duties, see list of forms 783 forms relating to assessment for highway labor, see list of forms. 797 forms relating to duties of overseers and the performance of high- way labor, see list of forms 806 forms relating to laying out, altering or discontinuing highway, see list of forms commencing 815 forms relating to laying out of private roads 847 forms relating to bridges, see list of forms 854 forms relating to ferries, see list of forms 867 House, building of, agreement for 194, 195, 884 Husband and wife. (See Marriage.) Idaho : form of deed in 726 form of acknowledgment, etc. , of deed in 44-46 Illinois : formofdeedin 726,727 form of acknowledgment of deed in 46,48 Incorporation, certificates of. (See Certificate.) Indemnity, agreement of, to person becoming stockholder and director in corporation on request 175 bond of. (See Bond.) Indenture : of apprenticeship by minor, with consent of parents and guard- ian 348 of apprenticeship by minor, with consent of overseer, etc., of poor or guardian 253 of clerkship . • ■ • 857 of female servant, binding herself with consent of parent or guardian 358 (See, also. Deeds.) Indiana . form of deed in • 728, 729 form of acknowledgment, etc., of deed in .• 49, 50 Indian Territory : form of deed in 739 t form of acknowledgment of deed in 50 Inquest, of coroner, see list of fonns relating to^ 656 Inquisition of coroner's inquest ..I 660 Insurance. (See Abandonment; Proof of loss.) Index. 1235 PAGE. Intoxicating liquors, see forms relating to excise, list of 755 Inventory : to be annexed to assignment for creditors, when referred to as an- nexed 340 required by laws of New York to be made and filed by debtor making general assignment for creditors. 342 Iowa : form of deed in 739 form of acknowledgment of deed in 51, 58 Joint-stock association, application for mortgage, lease or sale of real property of 649 Jointure in lieu of dower right, agreement of 234 Judgment: after trial in proceeding for condemnation of real property 428 for plaintiff in same proceeding, when no answer is made to petition 429 of affirmance on appeal from judgment in said proceeding 444 of General Term of Supreme Court, on appeal from order chang- ing, etc. , location of toll-gate upon plank road or turnpike 634 Kansas: form of deed in 730 form of acknowledgment of deed in 53 Kentucky: .. form of deed in 731 form of acknowledgment of deed in 54, 56 Labels, form of application for registration of 1186 Laborer: notice by, to railroad corporation of amount due him from con- tractor 531 servant, or employee of stock corporation, notice by, to stock- holder of intention to hold him liable for debt owing to such laborer, etc 586 Lands, agreement for sale of freehold estate in 183 Law suit, agreement to bear shares in expenses of 202 Lease : agreement for 187 of part of house, agreement for 188 agreement between mortgagor and mortgagee to grant building and other leases 243 general forms of, see list of such forms ". 878 statutory forms of, see list of such forms 910 of railroad, notice of meeting of stockholders to consider 540 certificate of adoption of agreement for 541 Letter of advice accompanying application for registration of trade mark ...1176 Letter of license from creditors to a debtor 667 Letters of credit and guaranties, forms of, see list of such forms .... 913 License : by bank superintendent to foreign mortgage, etc., company, to transact business within the State of New York 486 letter of, from creditors to debtor 667 to sell liquors, hotel 760 saloon liquor 762 saloon ale and beer 761 store keeper's 763 druggist's 763 application for 764 bond to accompany such application 766 1236 Index. License — Oontintied. pagb ■ by comptroller to common carriers, to sell liquor 773 to establisla and keep a ferry 870 clerk's certificate annexed to a copy of such license for licensee. . 871 List: of stockholders of trust company to be filed with superintendent of banks before entering upon active duties 482 by overseer of highways of names of inhabitants in his highway district liable to highway labor 797 list and statement for highway tax, of contents of unoccupied lands owned by non-residents 798 of residents and of lands of non-residents and unknown persons, on which assessments for highway labor are unpaid, to be made by overseers and delivered to supervisors 808 of jurors to be presented by commissioners in opening private road. 849 Location of division fence between lands bounded by a line between banks of streams not navigable 1143 Lodging, or part of house, agreement for 188 Louisiana: form of deed in 731 form of acknowledgment, etc. , of deed in 56 Lunatic, deed by committee of, of real estate of 714 Marriage : custody of minor child, application for 663 forms relating to solemnization of, see list of such forms 917 articles of 325,328 articles of separation between husband and wife 230 Marine insurance. (See Abandonment.) Member: of corporation, oath by, on challenge of vote 513 oath by proxy of, on challenge of vote 513 Maine : form of deed in 783 form of acknowledgment, etc., of deed in 57 Manuscript of book and copyright, agreement for sale of 303 Maryland: form of deed in 732, 733 form of acknowledgment of deed in 58-60 form of mortgage of real estate in 953 form of mortgage of personal property in 953 form of lease in 910 Massachusetts: form of deed in 7S3 form of acknowledgment of deed in 1 60-62 Memorandum of agreement on a sale of wheat .' 235 Merchant, agreement between, and his clerk 333 Michigan : form of deed in 734 form of aclcnowledgment of deed in 63 form of mortgage of real property in 953 Minor child : adoption of, see list of forms of 163 apprenticeship of, see list of forms of 347 custody of, forms relating to fifS Minnesota : ^^"^ Adoption; Guardian.) form of deed in 734 form of acknowledgment of deed in 64,66 Mississippi : form of deed in 736 form of acknowledgment of deed in 67.69 Index. 1237 Mississippi — Continued. page. form of mortgage' of real property in 954 Missouri : form of deed in 736 form of acknowledgment, etc. , of deed in 69-71 Montana : form of deed In 737 form of acknowledgment, etc., of deed in 72-74 Mortgage : of real and personal property, general forms of, see list of suoli forms 931 statutory forms of, see list of sucli forms 947 satisfaction of, of real property 933 satisfaction of , of personal property 940 agreement to change security of. 200 agreement giving priority of, to one previously executed 237 agreement to grant building and other leases between mortgagor and mortgagee , 243 lease or sale of real property, of corporation or of joint stock as- sociation, application for , see list of forms relating to 649 (See, also. Names of States and Territories.) Mortgagor and mortgagee, agreement between, for grant of building and other leases 343 Municipal debt of town, reportotsupervisorto board of supervisors as to. 1173 Naturalization of foreigners, forms relating to, see list of such forms. 962 (See, also. Declaration; Certificate; Petition; Proof; Oath; Order.) Navigation corporation, forms relating to, see list of 589 Navy pensions. (See Pensions.) Nebraska : form of deed in 788 form of acknowledgment, etc., of deed in 75 Nevada : form of deed in 738 form of acknowledgment of deed in 77,78 New Hampshire : form of deed in 738 form of acknowledgment of deed in 79 New Jersey : form of deed in 739 form of acknowledgment of deed in ' 80-84 New Mexico : form of deed in 789 form of acknowledgment of deed in 85,86 New Yorlc : form of deed in - . . 740 form of executor's deed in 740 form of acknowledgment of deed in 91-116 form of mortgage in, by statute 954 North Carolina : form of deed in 740 form of acknowledgment of deed in 87,89 North Dakota : form of deed in . . 740 form of acknowledgment of deed in 89-91 forms of mortgages of real and personal property in. 949 Notice : of abandonment of vessel to insurer 1 of application for order directing assignment of indentures, etc., of apprentice to be made 369 1238 Index. Notice — Continued. page. to comptroller of approval of auctioneer's bond 350 of revocation of powers of arbitrators 360 of presentation of petition for condemnation of real property 421 of motion for judgment upon report of referee, etc., and for ap- pointment of commissioners of appraisal in proceeding for con- demnation of real property 427 of meeting of such commissioners 481 of filing report of such commissioners 434 by plaintiff of abandonment of proceeding for condemnation of real property 440 of appeal from final order in such proceeding ■ 440 of appeal from judgment rendered in favor of defendant in such proceeding 441 of argument of appeal from final order confirming commissioner's report in such proceeding 443 of motion for permission to plaintiff to enter upon property in such proceeding 446 of pendency of such proceeding 447 of change of residence by individual banker 461 to stockholders of intention to consolidate banking corporations. . 462 to comptroller of currency that vote of stockholders of National bank has been taken to go into liquidation and be closed 471 to be published of such vote 471 of intention to organize a savings bank 476 to creditors of savings bank corporation, of the adoption of reso- lution dissolving such corporation 479 of intention to organize trust company 482 of election of directors of safe deposit company 490 to hirer of safe in safe deposit company, before opening safe, rent being due for three years '. 491 of meeting of stockholders of business corporation for reorganiza- tion 498 of special election of directors of corporation 513 to occupant of lands of filing map and profile of route, etc., of railroad corporation 521 of application for appointment of commissioners to examine route of railroad corporation 534 of appeal from decision of commissioners appointed to examine route of railroad 527 to railroad corporation by laborer of amount due him from con- tractor 531 of sale of unclaimed freight or baggage by railroad corporation. . 532 by railroad corporation to governor, that they no longer require services of policeman appointed to act for it 535 of meeting of stockholders to consider as to consolidation of rail- road corporations 538 of meeting of stockholders of railroad corporation to consider question of leasing of railroad 540 of application to local authorities for consent to construction and maintenance of street surface railroad 543 of sale of franchise of street surface railroad by city containing twelve hundred and fifty thousand inhabitants 549 of meeting of commissioners appointed to determine the necessity of steam railway in streets, etc. , of city or county, for appraisal of property 556 of meeting of subscribers to capital stock of steam railway cor- poration, organized by commissioners to determine necessity of such railway 559 of motion to confirm report of commissioners appointed to deter- mine necessity of street railway in streets of city or county. . . 566 Index. 1239 Notice — Continued. page . to stockholders of stock corporation of meeting to increase or re- duce the number of its directors 574 proof of service of such notice 575 of meeting of stockholders of stock corporation to increase or re- duce capital stock 581 by laborer, servant or employe of stock corporation to stockholder, of intention to hold him liable for debt owing to such laborer,etc. 586 to owners, etc., of land through which pipeline route lies, of filing map .... 599 by owners, etc. , of such land, of application for commissioners to relocate such line 600 of motion for permission to pipe line corporation to construct its line across, along or upon highway or bridge 604 of application to board of supervisors, for authority to lay out a plank road or turnpike, or to construct a bridge 630 of a special meeting of such board to hear such application 631 of application by commissioners of highways, for order to change location of gate of plank or turnpike road 637 of appeal from order of County Court, changing, etc., location of gate on plank road or turnpike 639 of motion for appointment of referees on such appeal 630 to toll gatherer, etc., of plank road or turnpike, by commissioners of highways, etc., to put road in condition 637 of appeal to County Court from order of commissioners of high- ways opening toll-gates upon plank road or turnpike 638 of hearing of such appeal 638 of location of office of plank road or turnpike corporation 640 of appeal to county judge, by plank road or turnpike corporation, from decision of assessors 644 by president or secretary of such cori)oration to road inspector, of i encroachment of fence or other structure upon road 644 of application for mortgage, lease or sale of real property of cor- poration or joint stock association 654 by town clerk to overseers of highways, of their appointment . . . 786 by commissioners of high ways to overseers, requiring them to warn persons and corporations to work on highways 787 by commissioners of highways to owner of toll bridge, that it has been found unsafe ■ . . 789 to overseers of highways to remove snow or other obstructions to highway 791 of overseers, pursuant to'such notice to assist in removing obstruc- tions to highway 792 of appeal from assessment by overseer to commissioner of high- ways 800 of appeal by non-resident owner of unoccupied lands from assess- ment made by commissioners of highways 801 of time of hearing such appeal 801 by overseer of highways to residents of highway district to ap- pear and work upon highway 806 of resident agent of non-resident landholder of number of days' highway labor assessed upon such non-resident, etc 807 to be filed by overseeV of highways of number of days' labor as- sessed upen non-resident, in case of inability to find agent of such non-resident in the town 808 by overseers of highways to occupant of lands to remove weeds, etc., from highway 813 of meeting of commissioners appointed to determine necessity for laying out, etc., highway 833 of motion to confirm, etc., commissioners' certificate in favor of laying out, etc. , highway 827 I240 Index. Notice — Continued, page . of hearing upoa certificate of commissioners of highways, that highway should be laid out through orchard, etc 830 of presentation to the General Term, for confirmation of order of County Court, confirming certificate of commissioners of highways that highway should be laid out through orchard, etc. 833 to owner or occupant of land taken for hlg-hway to remove his fences 844 to occupant of land to remove fallen trees from highway 845 to occupant or owner of land to remove encroachment upon or obstruction to highway 846 of^appllcation to lay out private road, and of time and place for selection of jury 848 by commissioners of highways of town liable with other town to repair, etc. , bridge 856 of motion to commissioners of highways on application for order requiring them to build, etc., bridge over stream dividing towns 859 by referee appointed by order requiring commissioners of high- ways to build, etc.,brldge over stream dividing towns, of hearing before him 860 of application for reimbursement of money expended In repair- ing, etc., unsafe bridge 864 of penalty prescribed by commissioners of highways for riding or driving faster than a walk on bridge 866 of sale on default of payment of chattel mortgage 944 to owners of lands of application for license to keep a ferry 869 affidavit of service of such notice 869 of drawing of jury 986 of drawing of additional- jury 987 of terms of limited partnership, for publication 990 affidavit of publication of such notice 991 of appeal to examiners in chief, from the decision of preliminary examiner, on application for patent 1003 to insurance company of loss by fire 1075 of application to Court of Sessions for increase or reduction of amount directed to be paid by parent to bastard, and of appeal from the order of two magistrates in bastardy proceedings. 1113, 1114 of application for order to compel support of poor person by rela- tive 1115 to overseers of the poor of the town in which pauper has a resi- dence to provide for his support 1120 contesting settlement alleged in above notice 1130 by superintendent of poor that pauper will be supported at the expense of a certain town 1123 of special town meeting 1125 of propositloRS to be determined by ballot at town meeting 1136 to be given by the town clerk of such proposed question 1128 by town clerk to person elected to town office 1127 by supervisor to collector, of amount of taxes 1139 of acceptance of resignation of town officer 1138 to town officer appointed by town board to fill vacancy, of his ap- pointment 1139 to Inhabitants of town to assist in extinguishing fire in the woods 1140 of qualifying of constable, by town clerk to county clerk 1141 by owner of lands to adjoining owner, that he desires to have them lie open 1145 by same to same, that he desires to have his lands lying open in- closed 1145 to town clerk, of lien upon beast found upon land, doing damage. 1150 Index. 1241 Notice — Continued. page. to owners of beast taken doing damage, tliat they are upon his land or in pound 1151 of sale of property by fence viewers in foreclosure of lien 1153 of sale of wrecked property by sheriff, etc 1163 by sheriff of wrecked property which has come into his posses- sion 1164 of appeal to supervisors, from allowance of account of justice of the peace, etc., for fees in criminal proceedings 1168 of town election 1174 of sale by warehouseman or warehouse company 1197 Oath : of auctioneer on exhibiting his accounts ... 351 by clerk or copartner of auctioneer making auction sales 353 by same indorsed on auctioneer's account 353 of referee in proceeding for condemnation of real property 436 to witness in same proceeding 431 of commissioners in same proceeding 433 of directors of banking corporation 466 by member of corporation upon his vote being challenged 518 by proxy of member upon challenge 518 of policeman appointed by governor to act for railroad corporation. 535 of commissioners appointed to determine necessity of steam rail- way in streets, etc. , of city or county 554 of inspectors of election of stock corporation 577 of referees appointed on appeal from order changing, etc., loca- tion of toll-gate upon plank road or turnpike 631 of commissioners to lay out plank or turnpike road 634 to foreman of coroner's j ury 657 to jurors composing same 658 to witness before same 658 to interpreter at coroner's inquest 658 of oflBce of commissioners of excise 755 to witness before board of excise 758 of commissioners appointed to determine necessity for laying out, etc. , highway 888 to jurors to determine necessity for private road 850 to be administered to parties marrying, on taking their examina- tion 930 of aliens on application to be admitted to citizenship 965 to be filed to enable aliens in certain cases to hold and convey real estate in the State of New York 967 court forms of, see list of such forms . . 969 miscellaneous forms of, see list of such forms 975 of office, general form 975 of arbitrators • 976 of witness before arbitrators 977 to be made by applicant for letters patent 996 of executor, etc., of inventor, on such application 996 or affirmation to be administered in New York State to person identifying the parties or a witness to the conveyance 115 of applicant for patent upon design 1001 or affirmation to be administered to affiant or affiants 115 of office to be taken and subscribed by town officer 1138 to be administered to town clerk, etc., going out of office, by his successor, on delivery of records, etc 1141 same to executor, etc. , of town clerk 1143 Offer to purchase the property, before service of petition, etc., in pro- ceeding for condemnation of real property 438 Office, appointment to fill vacancy in, in town 1175 iS6 1242 Index. Ohio : PAGE. form of deed in 741 form of acknowledgment of deed in 117, 118 Oklahoma : form of deed in 741 form of acknowledgment, etc. , of deed in 118, 120 form of mortgage of real property in 956 form of mortgage of personal property in 957 Option : agreement to purchase coin at seller's 199 same to purchase or deliver property at buyer's or seller's 200 Order : of filiation or discharge of reputed father of bastard 1104 of filiation made in the absence of reputed father of bastard, who has been arrested in another county 1108 upon return of summons to mother of bastard possessed of prop- erty in her own right 1110 of magistrates reducing the amount to be paid by parent of bas- tard 1112 for support of poor person by relative 1116 discharging warrant against absconding relative and restoring property seized in proceeding for support of poor person by relative 1119 of justice of the peace for temporary relief to a pauper 1123 of county judge, directing adoption of minor child 156 of Court of Sessions directing assignment of indentures of appren- ticeship, etc 270 of Court of Sessions on hearing complaint against master of ap- prentice 275 of Court of Sessions ou hearing of complaint of apprentice, when no money has been paid or ordered to be paid to master 282 appointing guardian ad litem for infant, etc., defendant, in pro- ceeding for condemnation of real property 433 upon offer and acceptance thereof in such proceeding 439 of reference in proceeding for condemnation of real property . . . 435 confirming or setting aside report of commissioners of appraisal in such proceeding 435 upon appeal from final order in such proceeding directing reap- praisal 442 affirming , etc. , j udgment on appeal therefrom in such proceeding. 443 permitting plaintiff to enter upon real property in such proceeding. 446 of superintendent of banks extending time for organization of savings bank 478 appointing commissioners to examine route of railroad 535 of Supreme Court appointing commissioners to determine neces- sity of steam railway in streets, etc., of city or county 553 of court to show cause upon application for issue of new stock certificate, in place of lost certificate of stock of corporation 583 on return of such order to show cause 584 upon application for extension of time by treasurer, etc., of stock corporation, for statement of its affairs 586 appointing commissioners to relocate route of pipe line 603 of court, upon report of commissioners appointed to relocate pipe line route 603 of court granting permission to pipe line corporation to construct its line across, along or upon highway or bridge 605 of board of supervisors authorizing construction of plank road, turnpike or bridge 632 cf County Court, upon application by commissioners of highways, for change of location of gate of plank road or turnpike cor- poration 638 Index. 1243 Order — Continuea. p agb . of Supreme Court appointing referees on appeal from order of County Court cli^nging, etc., location of toll-gate on plank road or turnpike 630 for judgment upon appeal from order changing, etc., location of toll-gate upon plank road or turnpike 633 of county judge fixing security to be given, upon appeal from or- der changing, etc., location of toll-gate on plank road or turn- pike 635 of County Court, afSrming, etc., order of commissioners of high- ways, opening toll-gates of plank road or turnpike, on appeal therefrom 639 of commissioners of highways ordering toll-gates of plank road or turnpike to be thrown open 640 by road inspector to remove fence or other structure from plank or turnpike road 645 of court, upon petition for mortgage, lease or sale of real prop- erty of corporation or joint stock association 652 of court, that writ of habeas corpus issue, to produce minor child. 665 of highway commissioners ascertaining and describing an old highway not sufficiently described 784 of same, dividing town into highway districts and assigning in- habitants and corporations thereto 784 of same, appointing overseers of highways 785 of commissioners of highways authorizing location and planting of trees and construction of sidewalks 802 of commissioners of highways laying out highway upon land dedicated for the purpose 817 of County Court appointing commissioners to determine necessity for laying out, fete, highway 821 of County Court confirming, etc. , decision of such commissioners. 828 of County Court confirming certificate of commissioners of high- ways, that highway should be laid out through orchard, etc. . . . 831 of General Term confirming such order 883 of County Court directing to whom notice of application for leave to lay out highway through burying ground shall be given. . . . 835 appointing commissioners upon certificate of commissioners of highway of two towns of disagreement as to laying out, etc., of highway extending into both towns 835 of County Court, confirming, etc. , report of commissioners ap- pointed upon certificate of commissioners of highway of two towns of disagreement as to laying out, etc., highway extend- ing into both towns 840 of commissioners of highways, tor laying out a highway on the line between two towns 843 of same, to open highway which has been used by the public as such for twenty years or more 843 of commissioners of highways discontinuing highway not opened and worked within six years 843 of commissioners of highways, directing fences to be removed from highway, and highway to be opened and worked 845 of court upon application for reimbursement by person repair- ing, etc., bridge 865 of court, requiring commissioners of highway to build, etc., bridge over streams dividing towns and ordering reference 860 of court on coming in of referee's report, appointed by order, re- quiring commissioners of highway to build bridge over stream dividing towns .' 863 of County Court, confirming, etc., verdict of jury appointed to ■ determine necessity for private road 853 of court, admitting alien to citizenship 967 1244 Index. Order — Continued. paqe . for attachment against witness not appearing on trial of indict- ment 983 of County or City Court, directing sale of wrecked property 1155 of County Court directing delivery of wrecked property on payment of proceeds of same 1157 Oregon : form of deed in 742 form of acknowledgment, etc., of deed in 120, 122 Partnership : articles of, between attorneys 205 same between tradesmen 314 agreement for dissolution of 218 same indorsed on original agreement 222 agreement continuing 222 forms of limited, see list of such forms 988 continued use of partnership name, see list of such forms 991 (See, also, Certificate; Notice; Affidavit.) Partition : deed of, between heirs at law 689 same, between joint tenants or tenants in common 691 sheriffs or referees in action for partition of real- property 709 Party wall, agreement respecting 189, 193 Patented article, agreement giving right to manufacture and sell, within certain territory 245 Patents : agreement giving right to manufacture and sell patented article within certain territory 245 forms relating to, see list of such forms 998 Paupers : settlement of, forms relating to 1120 forms relating to support of, by public, see list of such forms 1120 Pensions : army and navy, forms relating to application for, see list of such forms 1004 forms relating to application for, by soldiers, etc., of war of 1812. 1019 forms of applications for, in case of Mexican war pensions 1024 forms under act of congress of June 27, 1890 1034 Pennsylvania : form of deed in 743 form of acknowledgment of deed in 123, 134 Permission : of board of excise to carry on business on other premises than those included in license 770 of board of excise to sell, transfer and assign license 771 Permit of city, town or village authorities authorizing the formation of water works corporation 609 Personal property : contract for purchase or delivery of, at option of buyer or seller. 1 99 , 200 mortgages of. (See Mortgages.) Petition. (See, also. Application.) for condemnation of real property 417 by owner or occupant of land over which route of railroad is located for appointment of commissioners to examine route . . . 523 to local authorities tor consent to construction of street surface railroad ... 544 to supervisors for steam railway in streets, etc., of city or county. 551 by steam railway corporation, organized to construct railway in streets, etc., of city or county, for authority to abandon or change part of its route 667 Index. 1245 Petition — Con tinned. page . for extension of time to treasurer, etc. , of stock corporation to make and deliver statement of its affairs 585 of pipe line corporation for permission to construct its line across, along or upon highway or bridge 603 to board of supervisors for authority to lay out a plank road or turnpike, or to C(mstruct a bridge 619 by commissioners of highways for order to change location of gate of plank or turnpike road 626 for mortgage, lease or sale of real property of corporation or of joint stock association 649 for writ of habeas corpus, by mother to obtain custody of her children 663 to County Court for commissioners to determine necessity for lay- ing out, etc., highway 819 by commissioners of highways for adjustment of differences as to new or altered highway 841 to commissioners of highways, by freeholders, for building, etc., bridge over stream dividing towns 856 of alien for admission to citizenship 964 on addition of new improvements to patent 999 to County or City Court, by sheriff, etc., for leave to sell perish- able wrecked property 1154 order of court upon such petition 1155 by owner or consignee of such property, claiming same or pro- ceeds thereof 1156 to County Court for adjustment by appraisers of salvage and expenses on wrecked property 1159 order of court upon such petition, appointing appraisers 1161 Pipe line corporations, forms relating to, see list of 597 Plankroad corporations, forms relating to, see list of 614 Policeman; appointed by governor to act for railroad corporation, oath of . . . . 535 notice by company that they no longer require services of 535 Polling: of jury in civil action 985 of j ury in oapital or other criminal case 984 Poor laws, see Support 1114, 1120 Powers of attorney, see list of such forms 1050 general form 1050 to collect a debt 1053 to receive or collect rents 1053 to receive a legacy 1054 to sell or lease lands 1054 to take possession of lands and sell them 1055 to receive dividends 1056 with transfer of stock 1056 to vote at election or meeting of stockholders of corporation. . .. 1057 general power by substitution 1057 special power by substitution 1058 revocation of power 1058 judgment note with power of attorney to confess judgment 1059 from distant stockholders, on change of National into State bank. 473 Proceedings, copy of, of meeting of stockholders of stock corporation , to be filed with amended certificate, altering or extending its business and powers 580 Proclamations, by clerks and criers, forms of, see list of such forms . . . 977 Promissory notes, bills and checks, forms relating to, see list of such forms 1061 Promissory notes : payable to order or bearer on demand, etc 1061 1246 Index. Promissory notes — Continued. page. same payable to bank pledging collaterals for its payment 1068 notice to indorser of demand and refusal of payment 1073 waiver of demand and notice by indorser 1074 Proof and acknowledgment of deeds 13-158 (See Acknowledgment and proof of deeds; see, also, under names p „ . of States and Territories). of advertisement accompanying report to comptroller by railroad corporation of sale of unclaimed freight or baggage. 584 of service of notice of meeting of stockholders of stock corpora- tion to increase or reduce the number of its directors 575 of service of notice of application for mortgage, lease or sale of real property of corporation or joint stock association 655 of residence of alien for purpose of naturalization 964 Proof of loss by fire, see list of forms of 1075 Property : real, condemnation of 417 personal, agreement for purchase or delivery of, at option of buyer or seller 199, 300 Protest, notice of 1070 Proxy : to vote at election for member of corporation 511 oath by, upon challenge of vote 513 Prints and labels, form of application for registration of 1186 Private roads, forms relating to laying out of, see list of such forms. 847 Railroad corporation law: forms under, relating to railroads generally, see list of 514 relating to street surface railroad, see list of 541 relating to railroads in cities and counties, see list of 551 Real property: condemnation of 417 mortgages of. (See Mortgages.) deeds of. (See Deeds.) Receipt: and release to executor, etc., on payment of a legacy 165 receipt for money, articles, etc 1087 and voucher of warehouseman or warehouse company 1300 ' Recognizance: taking of, by clerk 982 of prisoner with sureties for his appearance 1089 general form of 1091 Record: to be made by librarian of congress of name of book, etc., on granting copyright 449 of meeting called to determine as to necessity, etc. , of dissolution of solvent savings bank, certified copy of 478 Record book of board of excise 757 Reference of disputed claim against estate, agreement for 236 Relative, support of 1114 Release : general 160 between partners on a settlement 163 of a trust 163 of a legacy 164, 165 from a legatee on coming of age 166 to executor by devisee and legatee 167 to a guardian 170 of part of mortgaged premises 170 to joint debtor compounding separately with creditor 173 to partner compounding separately with creditor 174 Index. 1247 Release — Cmiiinued. page . of land from lien of judgment -. 338 of dower 339, 708, 713 of dower, in consideration of annuity given by will 241 mutual, general release 343 of proviso or condition 343 by owners of real property to plank road or turnpike corporation for the use of its road 635 Renewal of lease, covenant for 876 (See Addenda, at end of Index.; Renunciation by executor named in will 1221 retraction of same ... 1233 Report : of referee in proceeding for condemnation of real property 436 of commissioners of appraisal in same proceeding 433 quarterly by bank or individual banker 453 by savings bank to superintendent, of dormant accounts •V?'? to comptrollor by railroad corporation of sale of unclaimed freigixt or baggage 533 of commissioners appointed to determine necessity for steam rail- way in streets, etc., of city or county 563 notice of motion to confirm such report ... 566 of commissioners appointed pursuant to application of steam rail- way company, organized to construct railway in streets, etc., of city or county, for authority to abandon or change part of its route 568 annual report of stock corporation, other than monied or railroad corporations 578 of commissioner appointed to relocate pipe line route 601 of referee upon appeal from order changing, etc., location of toll- gate upon plank road or turnpike 632 annual, of board of excise 759 annual, of commissioners of highways to town board at its first meeting 790 same at its second meeting 791 of overseer to commissioners of highways, as to weeds, etc. , re- moved from highway 814 of commissioners appointed upon certificate of commissioners of highways, of two towns, of disagreement, as to laying out, etc. , highway extending into both towns 839 by referee, appointed by order, requiring commissioners of high- ways to build, etc., bridge over stream dividing towns 861 to be added to annual report of commissioners of highways to town board, in case of proceeding to build, etc., bridge over stream dividing two towns 863 Request: to treasurer, etc. , of stock corporation, for statement of its affairs 584 by commissioners of highways to supervisor or town clerks, to convene town board of auditors in special session 787 of tax payers of town, that electors vote at town meeting, upon change of system of taxation for working highways 805 by adjoining property owner to make or repair division fence. . . . 1149 by same, to put in repair division fence injured or destroyed by flood or other casualty 1149 Resolutions, copy of, to be annexed to supplemental certificate filed by business corporation to become full liability corporation 502 Return: to attachment against witness subpcEnaed before coroner 657 " ■ * by overseers of the poor to Court of Sessions, .as to property of ab- sconding relative, taken under warrant in proceeding for"#ap- port of poor person by relative 1118 1248 Index. PAGE. Revocation of powers of arbitrators 360 notice of same 360 Rhode Island: form of deed in 743 form of acknowledgment, etc. , of deed in 124, 136 Roads. (See Highways; Private roads.) Route or termini of railroad, certificate of change of 529 Sale: by railroad corporation, of unclaimed freight or baggage, notice of. 533 report of, to comptroller 583 , proof of advertisement accompanying such report 534 of liquors. (See Excise) 755 of merchandise, agreement for 235 and purchase of land, agreement for . . 183 Salvage and expenses on wrecked property, statement of 1159 (See, also. Statement; Petition; Oath; Decision; Notice; Order.) Satisfaction : .of mortgage of real property by mortgagor or assignee 933 of mortgage of personal property by same 946 Schedule: to be annexed to assignment for creditors, when referred to as annexed 340 required by law of New York to be made and filed by debtor mak- .ing genorol assignment for creditors 343 of property ancJ appraisal of damages to be annexed to statement of proof of loss by fire to insurance company 1086 Sheriff's certificate: of sale of real property under execution 680 assignment of same 683 deed under 683 Ship: agreement for building of, between shipwright and workmen 176 agreement for freight of 177 agreement to hold parts of, to be built, and pay proportion of cost, etc .■ 178 Shipping articles, form of 1098 Sidewalks: order of commissioners of highways, authorizing construction of, upon highway 803 application for expenditure of portion of highway labor, etc., in construction of 803 order of commissioners of highways pursuant to such applica- tion 804 South Carolina: form of deed in 743 form of acknowledgment, etc., of deed in 137-129 South Dakota: form of deed in 744 form of acknowledgment, etc., of deed in 139, 130 form of mortgage in 949 Special constable, certificate of appointment of, by supervisor, etc 1196 Special election, of directors of corporation, notice of 513 Special guardian, deed by, of real estate of infant, under order of court 711 Specification: - and claim to-be-filed with applioatjoii for letters patent ._.,.. ... 994 same in case of a machine .■ .^ t ....... i*' 995 same on application for patent or design * ,/ 1000 Stage coach corporation, forms relating to, see list of . . . .' .'« 593 Index. 1249 statement: page. annual, by bank, etc., of unclaimed deposits, dividends, etc. . . . 453 and designation by foreign corporation to obtain certificate of an. thority 510 monthly, by pipe line corporation 605 of president and treasurer of plank road or turnpike corporation, to be filed with certificate of continuance of existence of such corporation 647 to be made by commissioners of high-ways to supervisor of town, as to expenses of free bridges in town 855 of interest of mortgagee in property claimed under chattel mort- gage 939 of loss by fire to insurance company 1076 same statement, another form 1081 same statement when claim does not exceed one hundred dollars. 1083 of claim for salvage and expenses on wrecked property or its pro - ceeds 115i/ by individual, on application for registration of trade mark 1181 by firm on such application 1183 by corporation on such application 1183 declaration to be annexed to such statement 1185 Steam railway in streets, etc. , of city or county, see list of forms relat- ing to ... 551 Stock of corporation, contract for purchase or delivery of, at seller's or buyer's option 200 Stock book of stock corporation 577 Stock corporation law, forms under, see list of 571 Stockholders: of railroad corporation, notice of meeting of, to consider as to its consolidation with other corporation 538 notice of meeting of, to consider question of leasing of road 540 etc. , forms relating to, see list of such forms 1 150 (See, also, Notice; Certificate; Petition; Order; Undertaking; State- ment; Oath; Decision.) Street surface railroads, forms relating to, see list of 541 SubpcBna: issued by commissioners of appraisal in proceeding for condem- nation of real property 430 for witness on coroner's inquest 656 issued by board of excise 758 to attend before magistrates on examination in bastardy proceeding. 1103 to witness to appear and testify concerning settlement of pauper. 1131 Summons: issued upon complaint against master by apprentice, etc., for cruetly, etc. , where no money has been paid or agreed to be paid for his instruction 276 for jury to determine necessity for private road 850 to mother of bastard possessed of property in her own right 1109 Supervisor: certificate of appointment of special constable by, etc 1196 appointment by, to fill vacancy in board of town auditors 1172 report by, to board of supervisors of public debt of town 1172 Supplemental certificate of names, etc., of directors omitted from original certificate of incorporation of railroad corporation . , 530 Support: of bastards, proceedings respecting, see list of forms of 1097 of poor persons by their relatives, see list of forms 1114 of poor by public, forms relating to, see list of such forms 1130 Surrender of patent for reissue 997 Survey and description of route of plank road or turnpike by commis- sioners appointed to lay out same 633 157 1252 Index. Warrant — Continued. page . ■ of coroner for arrest of party charged 661 by the governor for surrender of fugitive from justice 775 of secretary of State for extradition of fugitive from justice 778 for arrest of reputed father of bastard 1099 indorsement on such warrant to be executed out of the county. . . 1099 indorsement on such warrant by magistrate in another county. . . 1100 for mother to testify on examination in bastardy proceeding 1103 of commitment of defendant in bastardy proceeding 1107 of commitment of mother who refuses to disclose the name of father of bastard 1109 for seizure of real or personal property of absconding relative of poor person 1117 , 'Washington : '■ form of deed in. . . ; 749, 750 form of acknowledgment of deed in 143 fo' m of m rtgage of real property in 959 ^ater works corporations, forms relating to, see list of 608 West Virginia : form of deed in 751 form of acknowledgment, etc., of deed in 145-148 form of deed of trust property in, as security for debts and to indemnify sureties 959 lease of real property in „ 912 Wills and testaments : will of lands and personal estate, general form 1201 will appointing executor or executors, and leaving the property to be distributed under the statute of distributions 1309 will containing provisions for widow in fulfillment of ante-nuptial contract, and in lieu of dower and trust provisions, etc 1209 clause which may be inserted in a will, appointing a guardian, etc. 1216 clause in will, that sums advanced to children shall be regarded as part of their sh .res of estate 1217 devise to wife in lieu of dower, remainder to children ... 1218 form of codicil to a will 1220 another form of codicil to will 1221 form of renunciation by executor 1221 1 form of retraction of same 1222 Wrecked property and floating timbers, see list of forms relating to. 1150 (See, also. Petition; Order; Undertaking; Statement; Notice; Oath.) Wisconsin : form of deed in 752 j form of acknowledgment of deed in 148 form of mortgage of real property in 960 Wrecks. (See Wrecked property.) Wyoming : form of deed in 763 form of acknowledgment of deed in 150 ADDENDA. i Insert in form No. 783, page 876, at end of covenant for renewal, as follows: provided, however, that no such renewal lease shall be granted, Sinless said C. D. shall give notice, in writing, on or before the day (of , 1 , to said A. B. that he desires to take such renewal lease; and provided further, that the covenants, conditions, agreements and pro- visiqp^ hejrein contained, to be observed by the party of the second part, jshal] have been performed, fulfilled and kept by (him) (or, insert other conditions of such renewal as may be required.)